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JUNE 10, 1997 MINUTESCity of Virginio IBeo¢h "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBFRNDOR!~, Al La,ge VICF MAYOR WILLIAM D SL~%¢)MS JR Al La,ge ]OHN A BAUM. B~,~k~ate~ Bmuugh ~NW~)D 0 BRAN( Il III V.gm~a ~d~h ~n.ugh WI~AM W IfARRI~N JR Lynnhat~n ~nnugh HARO~ IfEI~HOBER, At ~A~ M HENLEY Pun~ ~ough LOUIS R JON~. ~ys~ ~mugh ~BA S M~I~NAN Pnmess Anne ~ruugh N~CY K PA~ER Ai ~rge ~UI~ M ~YHO~. K~pmlle ~ough JAMES K SPORE, C,ty Manager LESLIE L LILLEY, C~ty Auo~ney RUTH I'IODGES SMITH, CMC I AAE C,~y Clerk CITY COUNCIL AGENDA JUNE 10, 1997 LIlT tIALL BUILDING 2401 ( OUR'IIIOUgE DRIVI~ VIRGINIA BEACH VIRGINIA 23456 9005 ~757; 427 4303 I. BRIEFINGS - Conference Room - 10:30 AM AQ S · C · METROPOLITAN AREA PROJECTS STRATEGIES (MAPS) Rick Horrow, Horrow Sports Ventures FALSE CAPE LODGE Roger Newill, RAAC Committee Member BAYLAKE ROAD/SHORE DRIVE IMPROVEMENTS Benny Gilbert, P.E., Engineering Administrator Frank Hickman, P.E., Civil Engineer II II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend William A. Campbell Aragona Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS June 3, 1997 G. AOENDA FOR FORMAL SESSION Ho CONSENT AOENDA The Consent ,4genda will be determined dur, ng the ,4genda Review Session and considered in the ordinary course of bus~ness by City Council to be enacted by one motion· I · PRESENTATION i · DRIVE SMART - "Battle of the Belts" Donald A. Peccia, Ed.D Assoc. Superintendent, Schools, Budget/Finance/Technology Lynn G. Sachs, Benefits Coordinator J· RESOLUTION i · Resolution re issuance by the Virginia Beach Development Authority of revenue bonds not to exceed $18,000,000 for Our Lady of Perpetual Help Health Center, Inc. re acquisition, construction and equipping a residence-care facility for the aged. K· ORDINANCES i · Ordinance to AMEND Sections 31-1, 31-26, 31-27 and 31-28 of the City Code re recycling and automated refuse receptacles servicing townhouse subdivisions. ~ Ordinance to authorize the City Manager to execute an agreement with the Virginia Beach School' Board re consolidation of the City Print Shop and the School Reprographics Shop. 3. Ordinances re Schools: a · Ordinance to REDUCE appropriations in the FY 1997-1998 School Textbook Fund by $715,000 and in the School Athletic Fund by $30,400. b · Ordinance to TRANSFER $677,021 between the four major catgegories of the FY 1997-1998 School Operating Fund as follows: Instruction Administration, Attendance & Health Pupil Transportation Operations & Maintenance NET CHANGE IN TOTAL APPROPRIATION $ (175,862) 437,678 (501,159) 239,343 $ 0 4. Ordinances re Sheriff's Department: a · APPROPRIATE $600,000 from the State Compensation Board to the Sheriff's FY 1996-1997 Operating Budget to offset prisoner housing costs; and, estimated revenue from the State Compensation Board be increased accordingly. · · · · b · APPROPRIATE $253,760 from the State Compensation Board to the Sheriff's FY 1997-1998 Operating Budget for salary and oper&ting expenses for eight (8) Court Support Deputy Sheriff positions authorized by the Board for reimbursement to the City; and, estimated revenue from the Commonwealth be increased accordingly· Ordinance to ACCEPT and APPROPRIATE a $81,314 Grant from the United States Department of Justice to the Virginia Beach Police Department's FY 1997-1998 Operating Budget re acquiring two software modules for the Incident Based Reporting Systemt and, estimated revenue from the Federal Government be increased accordingly. Ordinance to ACCEPT and APPROPRIATE a $20,000 Grant from the Commonwealth of Virginia's Chesapeake Bay Local Assistance Department and TRANSFER $25,600 matching funds from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of the Department of Planning re funding a full-time temporary Environmental Planner II position for Chesapeake Bay preservation work; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to authorize temporary encroachments by COASTAL VIDEO COMMUNICATION CORPORATION re 2" polyethylene conduit to house computer and phone lines to the Rosehall Professional Building (LYNNHAVEN BOROUGH): a · Into an existing 40' City drainage easement at 3133 Virginia Beach Boulevard. b · Into a portion of the City's right-of-way at Kings Grant Road and Francis Land Lane. Applications for Annual private, municipal and non-profit organizations Permits to operate emergency medical service agencies or vehicles within the City, pursuant to Section 10.5-2 of the City Code: a · 9. h. i. k. Ambstar, Inc. Advanced Wheelchair Transport, Inc. American Medical Response, Inc. Chesapeake Fire Department Chesbay Medical Transport Children's Hospital of the Kings Daughters Eastern Medical Transport Medical Transport, Inc. Nightingale Air Ambulance Norfolk Fire and Paramedical Services Ultimate Care Adult Center, Inc. L. PUBLIC HEARING - PLANNING 2530 PM PLANNING BY CONSENT - To be determined during the ~4genda Review Session· i · Ordinance in the petition of ALLSAFE SELF STORAGE, L.L.C., for the discontinuance, closure and abandonment of a portion of South Kentucky Avenue beginning at the Eastern boundary of South Kentucky Avenue and running in an easterly direction for 44.18 feet, containing 1,324.95 square feet (KEMPSVILLE BOROUGH). Approved for Compliance: December 3, 1996 Recommendation: ADDITIONAL 180 DAY DEFERRAL , , · , · Application of WILLIAM CAIRNS and DONALD MONOSAN for a Variance to the minimum lot width requirement for a mobile home in the Agricultural Districts at 3022 New Bridge Road, containing 16.683 acres (PRINCESS ANNE BOROUGH). Recommendat i on: APPROVAL Application of FIRST LYNNHAVEN BAPTIST CHURCH for a Conditional Use Permit for a church Northwest of the intersection of Princess Anne Road and Courthouse Loop (2641 Princess Anne Road), containing 19.682 acres (PRINCESS ANNE BOROUGH). Recommendat ion: APPROVAL Application of FIRST FILIPINO BAPTIST CHURCH TRUSTEES for a Conditional Use Permit for a church expansion (parkinq) on the South side of Holland Road, West of Monet Drive (2969 Holland Road), containing 2.215 acres (PRINCESS ANNE BOROUGH). Recommendat ion: APPROVAL Application of LES MODLIN, DRCW RACEWAY for a Conditional Use Permit for a recreational facility of an outdoor nature (Racetrack for non-profit radio-operated model cars) on the North side of Norfolk and Southern Railroad right-of-way, 528.82 feet East of South Great Neck Road, containing 10,890 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of JAMIE and JOSEPH NICOLATO for a Conditional Use Permit for boardinq horses and a traininq facility on the South side of Gum Bridge Road, 1445 feet West of Muddy Creek Road (1501 Gum Bridge Road), containing 19.48 acres (PUNGO BOROUGH). Recommendat ion: APPROVAL Me APPOINTMENTS ADVERTISING ADVISORY BOARD SOCIAL SERVICES BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS 1. Abstract of Legal cases resolved - May 1997 P. 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) * * * * * * * * * 06/06/97BAP AGENDA\06-10-97.PLN www.virginia-beach.va.us CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: 3 June 1997 B R C H C R P E A PAGE: 1 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N I BRIEFING A TOURNAMENT PLAYERS CLUB (TPC) Prolect Update Coundlman W W Harrison Jr II/1111 CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y IV/V/ SESSION E F/1 MINUTES - 27 May 1997 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S H/I/1 Ord~nanco to TRANSFER $197,326 to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Fire/Rescue Station - Creeds to complete BY CONSENT construction of Fire Stabon 2 Ordinance to authonze encroachment into ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y porbon of City's nght-of-way of V~k~ng Dr BY CONSENT by Stihl Inc re underground fiber opbc cable , 3 Ordinance to authonze a Lease/Sublease ADOPTED 10-1 Y Y Y Y N Y Y Y Y Y Y re office/chmc space Jn Pembroke Three for VA Dept of Health (BAYSlDE BOR) J/1 Resolutions re VDOT, a Request Commonwealth aggressively ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y pursue Interstate designation for BY CONSENT Route 44/designate as Interstate 264 (Sponsored by Mayor Meyera E Obemdorf) b Request Hazard Elimination Project re ADOPTED 9-2 Y Y Y Y Y Y N N Y Y Y Shore Drive from Fort Story to 83rd Street/ agree local 10% matching funds of VA Beach Urban AIIocat~on/$1,320 (2%) pa~d by C~ty c Location/design of Kempsv~lle Road ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Phase III/change four-lane to s~x-lane BY CONSENT d~wded h~ghway/determ~ne necessity of soundwalls d Improvement of Holland Rd from Dam ADOPTED 11-0 Y Y Y Y Y Y Y Y Y y y Neck Rd to Ferrell Pkwy Phase V/pay BY CONSENT C~ty's share for eng~neenng/r-o-w/ construction K APPOINTMENTS CAC REAPPOINTED 11-0 Y Y Y Y Y y y y y y y Ernest Benson Queen City 11/01/97 - Mary C Evans Doyletown 09/01/98 Wilhe L Gordon Lake Smith Alice Green Newhght Isaac N Herbert Burton Station Elizabeth McClane Advisor Carl J Nagle At Large Sadye Shaw Newsome Farms Mary E Smith Reedtown Delores Turner Advisor Susie Whltehurst Seatacld Atlantic Park Howard M Williams At Large Donald Wnght Gracetown CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: 3 June 1997 B R C H C R P E A PAGE. 2 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA ~ C O E yE E A R E M R ITEM # SUBJECT MOTION VOTE H N R S N F R S N HRPDC REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y L,nwood O Branch III 2 Year Nancy K Parker Terms 07/01/97 - James K Spore 06/30/99 MEDICAL COL LEGE OF APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y HAMPTON ROADS 3 Year Term Edward L Hamm Jr 06/01197 - 05/31/2000 SOCIAL SERVICES BOARD RE- B Y C O N S E N S U S SCHEDULED TCC BOARD REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y John A B Davies 4 Year Term 07/01/97 - 06/30/2001 TIDEWATER REGIONAL GROUP REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y HOME COMMISSION 4 Year Term Bruce E Bnght 07/01/97 - 06/30/2001 ,, VB TOWING ADVISORY BOARD REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y David Howard Fnedman 3 Year Terms John A Moore 07/01/97 - 06~30/2000 L/M RECESS TO EXECUTIVE SESSION 2 20 PM For PersonnellPubhcly Held Property/ Legal Matters N ADJOURNMENT 4.02 PM , -~ ~ , ,,, , MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June I0, 1997 Mayor Meyera E. Oberndorf called to order the BRIEFINGS in the Council Conference Room, City Hall Building, on Tuesday, June 10, 1997, at 10:30 A M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. Louisa M. Strayhorn [ENTERED: 10:38 A.M.] [ENTERED: 10:40 A.M.] -2- CITY COUNCIL BRIEFINGS ME TR OPOLITAN AREA PR OJE CTS S TRA TE GIES (MAPS) 10:30 A.M. ITEM # 42225 Mayor Oberndorf introduced Barry E. DuVal, who retired as being the Mayor of Newport News and, in the interim, has agreed to be the Chief Operating Officer of the Hampton Roads Partnership. Mr. Du Val introduced the concept which the Hampton Roads Partnership has agreed to explore, as the Partnership focuses on its goal to assist all ten cities and ten counties in the Hampton Roads Area be more competitive in the global economy. Strategic issues are focused upon which will assist the area as a "region" to be more competitive. Oklahoma City and the Tampa area were involved in a Metropolitan Area Project Strategy (MAPS). The areas worked directly with Rick Horrow, Horrow Sports Ventures, who facilitated the projects. The Hampton Roads Partnership agreed to engage Mr. Horrow for a one-year period to explore if MAPS might work for this Region. Mr. Horrow has a Harvard Law Degree and is a part-time teacher in this University. He represents the National Football League as a fulltime Consultant and is a major infrastructure facilities development Consultant throughout the country. Mr. Horrow is a resident of Miami, Florida. Mr. Horrow advised, from his prospective, the projects are a "blank slate"; however, the process itself is not. The time is right regionally to develop comprehensive, public private partnership processes that are positive and successfully approved by the constituents in a local region. There have been 45facilities of public infrastructure developed during the last decade and 40 more of those are being planned through the end of this decade. Since November of 1995, there have been eleven public referenda across the country on various infrastructure projects tendered to the voters. Ten have been adopted. The only one that did not pass, was a Referendum in Columbus, Ohio, which involved only sports. Mr. Horrow has been able to develop Convention Center expansions in South Florida, Performing Arts Facdities in Charlotte, North Carolina, Desert Sky Amphitheater in Phoenix, Arizona, and worked with various sport entities as the National Football League in Referenda and facility development in Cleveland, Cincinnati, Detroit, Nashville, and most recently San Francisco. Certainly the climate is right to establish these packages Mr. Horrow explained the process in Oklahoma City. There was a small group of individuals committed to examining various infrastructure projects. Oklahoma City was the most prolifically over-studied community. Three were studies which dtsplayed the needs for convention centers, performing arts centers and transportation infrastructure, et cetera After a Steering Committee was created, Mr. Horrow was retained in November 1992. After approximately 150 to 300 meetings with various support groups - restaurant associations, hotel associations, business development groups, their vtsiontng groups, all regional communities - a series of criteria and then a series of projects were examined. The campaign was kicked off 8 months after that initial fact finding process in a four-month campaign with the theme: "Compete or Retreat". The result was a December 14, 1993, Referendum including the successful passage of the following nine (9) facilities: Metropolitan Library, High Tech Learning and Job Training facility, world class Fair Grounds Center, Civic Center - Music Hall expansion, Convention Hall facility, recreational Riverfront development, retail canal into the downtown core, Community Arena, Triple A Minor League Ball Park and Transportation Link. This was known as the largest Public Service Development Referendum, which had passed heretofore in the United States - the Oklahoma City Maps Project. The result is a Billion new dollars pumped into the economy, creation of 4500 new jobs on a regional basis and the protection of 1600 jobs, which were identified as being at-risk This success story paved the way for other interesting models Htllsboro County in Tampa, Florida, driven by the need for a new stadium for the Tampa Bay Buccaneers, examined a public infrastructure process, ended up funding a new stadium for the team, but only 11% of the total funds approved in a Referendum last September were dedicated to sports. The other 89% was for public safety, infrastructure and education. 28 communities in Hillsboro County, Flortda, came together in a funded infrastructure package. Last Tuesday in San Francisco, there was a successful Referendum for a retail complex in a new facility. From a regional prospective, Mr. Horrow believes the Hampton Roads region has a major step ahead and a bigger advantage over many of these communities at similar points in the inception of their process. The Mission Statement of the Hampton Roads Partnership is very clear that the kinds of projects to be recommended would be the kinds of projects that would enhance Hampton Roads competitiveness in the global economy. June 10, 1997 -3- CITY COUNCIL BRIEFINGS ME TR OPOLITAN AREA PROJECTS STRATEGIES (MAPS) ITEM # 42225 (Continued) Mr. Horrow cited the four building blocks for Economic Development of Plan 2007' Allow residents to be globally competitive and ready to engage in lifelong learning to achieve their full potential as contributing citizens. . Provide infrastructure to support economic development, maximize the effect of taxpayer investment and maintain the regions' quality of life. . The creation and enhancement of quality of life by creating a multitude of choices in culture, recreation, art, entertainment, health care and housing. . Enhance public-private partnership that will foster the creation, recruitment, expansion and retention of productive members of the region's primary industry clusters. All of those general goals and building blocks for economic growth, as outlined in the Plan 2007 work in progress, can mirror or speak relative the different types of facilities and infrastructure mentioned as part of the MAPS programs. When the publication, is examined relative establishing projects on a regional basis, there are four guiding principals: 1. ~4ny projects which would enhance Hampton Road's region competitiveness position in the global economy. 2. Maximizingprivate investment in a public-private partnership. . . Some sense that, but for this regional initiative, these major projects would be difficult, if not impossible, to accomplish. Each individual project and the entire amalgamation of projects has to be presented in a "win-win" situation. Mr. Horrow advised, relative the process, the Steering Committee will attempt to meet with many key businesses and civic groups in each municipality by the end of the Summer and beginning of the Fall. Similarly, the Committee would like to meet with each of the City Council Members, Boards of Supervisors and local governments by this time, as well. Sometime early Fall, the Steering Committee would like to work with the local political entities to formalize the process and criteria for soliciting the projects and ultimately select these projects. After this step, the Committee will request projects and sometime next Summer a recommended list of a series of projects should be ready for reflection on negatives and positives, capital costs, operatton and maintenance, major repair issues, private sector dollars, infrastructure issues and an overall feeling of the economic impact of the projects, as well as an inventory of the funding mechanisms and options available. Phase H would then be examined whtch would mean going to the State Legislature as a regional entity to determine if a Referendum would be allowed. Each successful Referenda throughout the country has received dtate authorization to proceed. Mr. Horrow advised sports will not dominate this proposed package. The Oklahoma experience resulted in a 1 cent increase in the sales tax, but legislatively guaranteed to sunset after five years. Therefore, this sales tax which began in January 1, 1994, will be removed in one year and 'half. This Oklahoma experience was a pay-as-you-go technique. They raised approximately $260-MILLION over a five-year period supplemented with appropriate private investments. June 10, 1997 -4- CITY COUNCIL BRIEFING ME TR OPOLITAN AREA PROJECTS STRATEGIES (MAPS) ITEM # 42225 (Continued) Almost all of the jurisdictions, with which Mr. Harrow has worked, have some form of revenue sharing. Whether or not formally recognized, all of the jurisdictions believe in agreements and sharing services. Mr. Du Val advised this is being explored as one option along with the many other initiatives, which are believed to be critical for the region's future. From a Partnership prospective, this may very well be a tool at the end of twelve months that all agree should be utilized, or at the same time, it may be a consensus cannot be reached, and the Partnership cannot move forward with Phase II. Mr. Du I/al introduced Bob Sharak, Director of Special Projects - Hampton Roads Partnership, who will be coordinating this MAPS effort for the Partnership during the next twelve months. June 10, 1997 -5- CITY COUNCIL BRIEFING FALSE CAPE LODGE 11:40 A.M. ITEM # 42226 Mr. Roger Newill, represented the Resort Area Advisory Commission, introduced supporters of the False Cape Lodge program: Doug Wilkins, resident of Sandbridge and owner of the property; and, Jim Pendergast, Virginia Beach Visions. RAA C has struggled with ideas concerning improvement of Virginia Beach's tourism and quality of life for residents. If a hotel of tremendously better quality than available in the Resort Area to be constructed, a place must be found for its location. The Back Bay Wildlife Refuge, under a new manager, restructured its access agreements through the Refuge and is now going to permit, not a lot of people, but more than permitted in the past to go through False Cape State Park. False Cape State Park is now investigating a way to have four visitor centers for environmental education on the Bay side. The Park envisioned them, in their report, as places where forty (40) individuals couM reside, spend four days and learn about the barrier island ecology. However, the Park has no funds or staff-- only permission for this proposed plan. The Sandbridge Civic League is aware, as sewer is about to arrive within the next two years, the land zoned B-4 couM be utilized. The league was concerned relative this zoning possibility and the traffic generated. Mr. Newill displayed the drawing of the six miles of False Cape Park. The idea is to find a way to have a top world-class hotel in conjunction with the two park lands. The proposal is to negotiate with Doug Wilkins relative his property. The Biltmore in Santa Barbara, California, is one of the RAAC models for the proposed Lodge. The Biltmore's room rates are approximately $300 a night. Another model is The Cloisters in South Carolina, and Kiowa Island, which is adjacent to vast amounts of wilderness. The project involves the construction of an approximately SIS-MILLION lodging facility on Sandbridge Beach and several environmental education centers in False Cape State Park at a cost of $3-MILLION. The first year municipal tax revenues from real estate, personal property, utilities, sales, restaurant and hotel taxes are estimated (by the Consultant) to be in excess of $1-MILLION per year. The project would increase the public beachfront by 600 feet. It is estimated that the Sandbridge Sewer Project will be decreased by $300- to $500,000 by reducing the number of proposed residents at the south end. The financial investment requested of the City is for employment of a consulting firm, Cayuga Hospitality Advisors, to study the feasibility of the project. Donald Maxwell, Director of Economic Development, advised Cayuga Hospitality Advisors estimates the cost to be $75,000 which includes: $40,000 Consultant Fees ~ 2,500 Consulting Expenses 32t000 Request for proposal submissions $75,000 The $42,500 would essentially be expended by early October. At that point, the staff would evaluate feasible interest in the project and then select three or four finalists utilizing the remaining $32,000 to prepare the RFPs. Those RFPs would be reviewed in February. The funds tied up by the City would not exceed the $75,000. Any subsequent development would be private and involve land swaps with the City. It is apparent that a land swap will be required between the City and private land owner (Doug Wilkins) to accommodate the intended development. Staff has met with the property owner who agrees to not market the property during the study period. Subsequently, a Right-of-First-Refusal can be executed between the two parties. William J. Callnin, Managing Director- Cayuga Hospitality Advisors, advised he is a resident of Virginia Beach. The project site and development opportunity are unique. The proposal is based on the False Cape Project concept written by Roger Newill in his April 20 report from the Resort Area Advisory Commission. The questions are: Is there sufficient demand for the facilities proposed for the Project to make it economically feasible and, are there investors/developers/operators who would adopt the Project, work closely in design and development with the agencies entrusted with the protection of the site and operate the Project profitably in a manner which would please the neighbors, the City and other leisure-time and educational entities, which could benefit from cooperative marketing with the Project? This proposed consulting engagement is intended to answer those questions from an optimum level of interest among qualified developers. BY CONSENSUS, the proposed Ordinance to transfer $75, O00 from the TGIF Reserve for Contingencies to the FY 1996-97 Operating Budget of the Economic Development Department to fund the False Cape Lodge Feasibility Study will be on the Consent Agenda. June 10, 1997 -6- CITY COUNCIL BRIEFING BA YLAKE ROAD/SHORE DRIVE IMPROVEMENTS 12:15 P.M. ITEM # 42227 The City of Virginia Beach Public Works Department/Engineering Division hem a Public Hearing for the Shore Drive Intersection project on April 24, 1997. Frank Hickman, Civil Engineer II, Project Manager, advised the Shore Drive Intersections CIP 2-133 first appeared in the 1989-90 CIP. The original project was to cul-de-sac First Court Road at its intersection with Shore Drive, signalize the intersection of Baylake Road and Shore Drive and adjust the intersection of Baylake Road and First Court Road. The current project provides for closing First Court Road between Shore Drive and Baylake Road (see attached map), rather than providing a cul-de-sac. The other project features remain the same. Mr. Hickman displayed a schematic of the project. The intersection of Shore Drive and First Court Road has poor horizontal and vertical geometrics and there is minimal site distance available for vehicles exiting First Court Road. There were 21 accidents at this intersection between 1992 to 1996. Thirteen were directly related to the reduced sight distance created by the vertical curve along Shore Drive. The proposed solution is to. close First Court Road between Shore Drive and Baylake Road, eliminate the Shore Drive/First Court Road intersection, improve the Baylake Road/Shore Drive intersection (which will include turn lanes and a traffic signal), and provide an improved alignment for Baylake Road south of Shore Drive. Signalization of the intersection at Shore Drive and Baylake Road will be necessary with the planned improvements due to the concentration of all traffic to that intersection. The removal of the Shore Drive and First Court intersection will divert traffic to Shore Drive at Baylake Road, maMng the traffic signal mandatory to ensure efficient traffic flow. City staff met with members of the Baylake Pines Civic League in April 1996, to discuss the proposed project and related traffic issues. In May and June 1996, staff met with the Bay Lake Pines Civic League President to discuss various road design related issues. On two occasions in June 1996, staff and Virginia Power met on site with Bayville Pines homeowners to discuss easement issues related to the project. A "}villingness to Hold a Public Hearing" was posted in the newspaper in April 1996; however, no responses were received. In response to a recent citizen interest, a Public Hearing was hem on April 24, 1997. There were concerns expressed by the citizens relative additional storm water drainage from the improvements. Originally, designed into the project was to discharge drainage into the area of Lake Joyce by the ballfields. This is a City owned lake. Due to the aforementioned concerns, City staff rfvistted the situation and discussed the possibility with Parks and Recreation of installing a dry retention pond approximately 6 feet deep and 50 x 50 feet. Barry Frankenfield, Parks and Recreation, advised relative the bike path running down the old First Court Road, the City wished to build a bike trail near a road, clearly visible from the road, with safety and security integrated with other destinations. Some of the safety and security issues are similar to the Pungo Trail. The long term solution would be to connect Bayville Park to the Recreation Center and Shore Drive improvements and other destinations (Lesner Bridge and the State Park). Mr. Frankenfield believed the direction was to include bicycle trail systems adjacent to or with road projects more than separate, independent facilities. In a park situation with supervision, security along with opening and closing time, this might be a different situation. A bike trail could not go through }Vest Neck District Park in Pungo. More than likely, a solution would be West Neck Road or Seaboard Road tying in with the right-of-way. June 10, 1997 -7- AGENDA RE VIEW SESSION 12:35 P.M. ITEM # 42228 Council Lady Henley advised she could not concur with the City removing automated refuse receptacles and recyclable containers that are not removed from public view on the day of collection. K.I Ordinance to AMEND Sections 31-1, 31-26, 31-27 and 31-28 of the City Code re recycling and automated refuse receptacles servicing townhouse subdivisions. Wade Kyle, Administrator - Waste Management, advised several warnings would be given to the resident and the City would not keep the container. They would ask the resident to pick up the container. This was a recourse for complaints and neighborhood appearance. Mr. Kyle advised the process could be changed to official notices and ticket format. Council Lady McClanan requested the City Attorney investigate possibly imposing a fine. The City Manager advised the staff and resources were not available for court procedures for this routine violation. The violation entails those residents who leave their containers perpetually on the curb. Council Lady Parker inquired if there would be a fee involved in the process of picking up the container. The City does not envision a fee. Council Members Henley and McClanan will vote a VERBAL NAY on this item. ITEM # 42229 Councdman Branch expressed appreciation to retiring School Board Member Paul Lanteigne for hts endeavors in behalf of the City and School system. K. 2 Ordinance to authorize the City Manager to execute an agreement with the Virginia Beach School Board re consolidation of the City Print Shop and the School Reprographics Shop ITEM # 42230 Council Lady Parker inquired relative: K. 3 Ordinances re Schools: a. Ordinance to REDUCE appropriations in the FY 1997-1998 School Textbook Fund by $715,000 and in the School Athletic Fund by $30,400. bo Ordinance to TRANSFER $677,021 between the four major catgegories of the FY 1997-1998 School Operating Fund as follows: Instruction Administration, Attendance & Health Pupil Transportation Operations & Maintenance NET CHANGE IN TOTAL APPROPRIATION $ a75,862) 437,678 (5o1,159) 239,343 $ o Council Lady Parker was surprised to see instruction has been reduced by $175,000; however, administration has been increased $437,678, and Public Transportation savings of $501,000. Council Lady Parker wished an explanation. Council Lady Henley was concerned relative the reduction in the textbook fund. June 10, 1997 -8- AGENDA RE VIEW SESSION ITEM # 42231 Council Lady Parker referenced: K. 4 Ordinance to APPROPRIATE $253,760 from the State Compensation Board to the Sheriff's FY 1997-1998 Operating Budget for salary and operating expenses for eight (8) Court Support Deputy Sheriff positions authorized by the Board for reimbursement to the City; and, estimated revenue from the Commonwealth be increased accordingly. Chief Deputy Sheriff Lanteigne advised the funds for the eight Deputy positions wtth fringes, minus the City's contribution, are being provided by the Virginia State Compensation Board. Sheriff Lanteigne referenced the correspondence from the Compensation Board, dated May 1, 1997, allocating additional positions. These positions will be available July First. ITEM # 42232 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTION J. 1 Resolution re issuance by the Virginia Beach Development Authority of revenue bonds not to exceed $18, 000, 000 for Our Lady of Perpetual Help Health Center, Inc. re acquisitton, construction and equipping a residence-care facility for the aged. ORDINANCES K. 1 Ordinance to AMEND Sections 31-1, 31-26, 31-27 and 31-28 of the City Code re recycling and automated refuse receptacles servicing townhouse subdivisions. K. 2 Ordinance to authortze the City Manager to execute an agreement with the Virginia Beach School Board re consolidation of the City Print Shop and the School Reprographics Shop. K. 4 a. b. K. 5 Ordinances re Sheriff's Department: APPROPRIATE $600, O00 from the State Compensation Board to the Shertff's FY 1996-1997 Operating Budget to offset prisoner housing costs; and, estimated revenue from the State Compensation Board be increased accordingly. APPROPRIATE $253,760from the State Compensation Board to the Sheriff's FY 1997-1998 Operating Budget for salary and operating expenses for eight (8) Court Support Deputy Sheriff positions authorized by the Board for reimbursement to the City; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to ACCEPT and APPROPRIATE a $81,314 Grant from the United States Department of Justice to the Virginia Beach Police Department 's FY 1997-1998 Operating Budget re acquiring two software modules for the Incident Based Reporting System; and, estimated revenue from the Federal Government be increased accordingly. June 10, 1997 -9- K. 6 K. 7 b, K. 8 AGENDA RE VIEW SESSION ITEM # 42232 (Continued) Ordinance to ACCEPT and APPROPRIATE a $20,000 Grant from the Commonwealth of Virginia's Chesapeake Bay Local Assistance Department and TRANSFER $25,600 matching funds from the General Fund Reserve for Contingencies to the FY 199 7-1998 Operating Budget of the Department of Planning re funding a full-time temporary Environmental Planner II position for Chesapeake Bay preservation work; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to authorize temporary encroachments by COASTAL VIDEO COMMUNICATION CORPORA TION re 2" polyethylene conduit to house computer and phone lines to the Rosehall Professional Building (L YNNHA VEN BOROUGH): Into an existing 40' City drainage easement at 3133 Virginia Beach Boulevard. Into a portion of the City's right-of-way at Kings Grant Road and Francis Land Lane. Applications for Annual private, municipal and non-profit organizations' Permits to operate emergency medical service agencies or vehicles within the City, pursuant to Section 10.5-2 of the City Code: a. Ambstar, Inc. b. Advanced Wheelchair Transport, Inc. c. American Medical Response, Inc. d. Chesapeake Fire Department e. Chesbay Medical Transport f Children's Hospital of the Kings Daughters g. Eastern Medical Transport h. Medical Transport, Inc. i. Nightingale Air Ambulance j. Norfolk Fire and Paramedical Services k. Ultimate Care Adult Center, Inc. June 10, 1997 - I0- AGENDA RE VIEW SESSION ITEM # 42233 Council Lady McClanan expressed concerns relative: L. 3 Application of FIRSTL YNNHA VEN BAPTIST CHUR CH for a Conditional Use Permit for a church Northwest of the intersection of Princess Anne Road and Courthouse Loop (2641 Princess Anne Road), containing 19.682 acres (PRINCESS ANNE BOROUGH). The City Attorney advised a revised site plan needs to be received by the City Council. ITEM # 42234 Council Lady McClanan questioned information relative clean-up of the site: L.4 Application of FIRST FILIPINO BAPTIST CHURCH TRUSTEES for a Conditional Use Permit for a church expansion (t~arkin~) on the South side of Holland Road, West of Monet Drive (2969 Holland Road), containing 2.215 acres (PRINCESS ANNE BOROUGH). ITEM # 42235 Council Lady Strayhorn requested a Resolutton to be added to the Agenda: Resolution in support of the "Partners In Prevention" Initiative to reduce out-of-wedlock births locally. ~ Daniel Stone, Director of Social Services, has SCHEDULED a Town Meeting for June 25, 1997, 7:00 to 9:00 P.M., at Princess Anne High School, relative the Partners in Prevention Initiative. The Federal Government has allocated $100-MILLION in each of Federal fiscal years 1999 through 2002 to be divided among the five states that have experienced the greatest reduction in out-of-wedlock births in the previous two years without an increase in the abortion rate. The Ctty wishes to join other localities in the Commonwealth in this important community objective. ITEM # 42236 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L1 Ordinance in the petition of ALLSAFE SELF STORAGE, L.L. Co, for the discontinuance, closure and abandonment of a portion of South Kentucky Avenue beginning at the Eastern boundary of South Kentucky Avenue and running in an easterly direction for 44.18 feet, containing 1,324.95 square feet (KEMPS VILLE BOROUGH). June 10, 1997 - 11 - AGENDA RE VIEW SESSION ITEM # 42236 (Continued) £2 ~4pplication of WILLIAM CAIRNS and DONALD MONOSAN for a Variance to the minimum lot width requirement for a mobile home in the ~4gricultural Districts at 3022 New Bridge Road, containing 16. 683 acres (PRINCESS.4NNE BOROUGH). £5 Application of LES MODLIN, DRCW RACEWAY for a Conditional Use Permit for a recreational facility of an outdoor nature(Racetrack for non-profit radio-operated model cars) on the North side of Norfolk and Southern Railroad right-of-way, 528. 82 feet East of South Great Neck Road, containing 10, 890 square feet (L YNNH~4 VEN BOROUGH). £6 ~4pplication of JAMIE and JOSEPH NICOLATO for a Conditional Use Permit for boarding horses and a training _facility on the South side of Gum Bridge Road, 1445 feet West of Muddy Creek Road (1501 Gum Bridge Road), containing 19.48 acres (PUNGO BOROUGH). Item £1 will be DEFERRED FOR AN ADDITIONAL 180 DAYS (12/16/97) BY CONSENT. June 10, 1997 - 12- CITY COUNCIL CONCERNS 12:50 P.M. ITEM # 42237 Council Lady Parker referenced the five questions relative: K3 Ordinances re Schools: ao Ordinance to REDUCE appropriations in the FY 1997-1998 School Textbook Fund by $715,000 and in the School Athletic Fund by $30,400. bo Ordinance to TRANSFER $677,021 between the four major categories of the FY 1997-1998 School Operating Fund as follows: Instruction $ (175,862) Administration, Attendance & Health 43 7, 678 Pupil Transportation Operations & Maintenance NET CHANGE IN TOTAL APPROPRIATION 0o1,159) 239,343 o Concerns will be responded to during the Formal Session. ITEM # 42238 Vice Mayor Sessoms expressed concern relative insurance coverage on oceanfront property, both residential and motel properties. Many cancellations are being forwarded to individuals. Vice Mayor Sessoms saw this cycle a number of years ago. One major insurance carrier low bid everyone and then problems arose. When they had to make payouts, the policies were canceled. Vice Mayor Sessoms hoped the City could work with the Federal and State Legislators relative these insurance concerns. ITEM # 42239 Councilman Baum expressed concern relative the Laptop Computers and their use on the Conference Room tables as well as on the dias. Councilman Baum did not believe adequate attention would be paid to the speakers. June 10, 1997 - 13- ITEM # 42240 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA B EA CH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 10, 1997, at 12:55 P.M. Council Members Present: John ~4. Baum, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members ~4bsent: Linwood O. Branch, III June 10, 1997 - 14- ITEM # 42241 Mayor Meyera E. Oberndo~ entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of speci, fic public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Appointments - Boards and Commissions: Advertising Advisory Committee Social Services Board Performance Evaluation: City Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an instttution which could affect the value of property owned or destrable for ownership by such institution pursuant to Section 2.1-344(A)(3). Acquisition Virginia Beach Borough Sandbridge Easements LEGAL MA TTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaimng to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Sandbridge Easements Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. ~ Vottng: 10-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wdliam D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III June 10, 1997 - 15- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL June 10, 1997 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 10, 1997, at 2:00 P.M. Counctl Members Present: John ,4. Baum, Linwood O. Branch, III, William W. Harrtson, Jr., HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent. None INVOCATION. Dr. T. E. Thieman Chaplain Mayor Oberndorf congratulated Dr. Thieman on his unselfish volunteerism to the City throughout the years. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed the matters on the agenda in which he has a "personal interest", as defined in the ,4ct, either individually or in his capacity as an officer of Central Fidelity Bank were K. 7 (Coastal Video Communication Corporation) and L. 1 (Allsafe Self Storage). The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any apphcation that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1997, is hereby made a part of the record. June 10, 1997 - 16- Item V-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42242 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE }FITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, dtscussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Willtam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 42241 Page No. 14 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 Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public busin, bss matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b)'bnly such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges §mith, CMC/AAE City Clerk June 10, 1997 -17- Item VoF. 1. MINUTES ITEM # 42243 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of J~une 3, 1997. Voting: 11-0 Council Members Voting .dye: John .4. Baum, Linwood O. Branch, III, William W. Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members .4bsent: None June 10, 1997 - 18- Item V-G.I. ,4DOPT ,4 GEND,4 FOR FORM,4L SESSION ITEM # 42244 BY CONSENSUS, City Council ,4DOPTED: ,4 GENDA FOR THE FORMAL SESSION June 10, 1997 - 19- Item V-I. 1. PRESENTATION ITEM # 42245 Lynn Sachs, Benefits Administrator, Dr. DonaM A. Peccia, Associate Superintendent - Schools, Budget/Finance/Technology, and Judy Konock - USAA and "Drive Smart" Program presented the Mayor and City Council with a Plaque and a Certificate for the City Employee's participation in the DRIVE SMARTprogram. This award represented a 70% plus Safety Seat Belt use. The "Battle of the Belts" program had various City locations competing with each other to see who wouM have the highest compliance rate average after three checks. Of the three parking lot checks, one was unannounced and two were announced in advance. The program was from January 15 to February 12, 1997. Motor vehicle crashes are the leading cause of death for Americans of every age from 5 to 27 years. The economic costs of death, injury and property damage are huge, over $13 7-BILLION annually. The total number of motor vehicle accident patients in Sentara General was over 8,000 The medical treatment of motor vehicle injuries cost $14$-BILLION. DRIVE SMART Hampton Roads is a community traffic safety program spearheaded by USJA. This public/private partnership is one of five community DRIVE SMARTprograms nationwide. Mrs. Sachs expressed appreciation to the partners involved in "Battle of the Belts": Drive Smart USAA, Virginia Beach Benefits Office, Virginia Beach City Schools Wellness Office, Fire Department, Police Department and Safety Office. June 10, 1997 - 20- Item Vd/If. RESOLUTION~ORDINANCES ITEM # 42246 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED BY CONSENT in ONE MOTION Resolution 1 and Ordinances 1, 2, 4, 5, 6, 7 and 8. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, [[I, William W. Harrison, Jr., HaroM Heischober, **BarbaraM. Henley, Louis R. Jones, ***Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, * Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None * Vice Mayor Sessoms ABSTAINED on Item If. 7., as Coastal Video Communication Corporation does business with his bank. **Councd Lady Henley voted a VERBAL NAY on Item K. 1. **Council Lady McClanan voted a VERBAL NAY on Item K. 1. June 10, 1997 - 21 - Item V-J. 1. RESOLUTION ITEM # 42247 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re issuance by the Virginia Beach Development Authority of revenue bonds not to exceed $18,000,000 for Our Lady of Perpetual Help Health Center, Inc. re acquisition, construction and equipping a residence-care facility for the aged. Voting: 11-0 Council Members Voting Aye: John ,4 Baum, Linwood O. Branch, III, William W Harrison, Jr, Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF REVENUE BONDS FOR OUR LADY OF PERPETUAL HELP HEALTH CENTER, INC. No. WHEREAS, the City of Virg~ma Beach Development Authority (the "Authority") has considered the appllcat~on of Our Lady Perpetual Help Health Center, Inc. (the "Corporation") requesting the ~ssuance of the Authonty's revenue bonds ~n an amount estimated not to exceed $18,000,000 (the "Bonds"), to finance the acquisition, construction and equipping of a facility for the residence and care for the aged consisting of a nursing center and Alzhe~mer's center (the "Project") to be located at 4560 Pnncess Anne Road In the C~ty of Virginia Beach, V~rginia; and WHEREAS, the Authority has requested that the C~ty Council (the "Councd") of Virginia Beach, Virginia (the "City"), approve the ~ssuance of the Bonds to comply with Section 147(f) of the Intemal Revenue Code of 1986, as amended (the "Code"), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Act"), which lS apphcable because of the provisions of Chapter 514 of the Virginia Acts of Assembly of 1983; and WHEREAS, a copy of the Authonty's resolution approving the issuance of the Bonds, a fiscal impact statement and a reasonably detaded summary of the comments expressed at the pubhc heanng regarding the issuance of the Bonds, have been filed w~th the Council; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of the Corporation, to the extent of and as required by Section 147 (f) of the Code and Section 15.1- 1378.1 of the Act, to permit the Authonty to issue bonds for the purposes set forth above. 2. The approval of the issuance of the Bonds, does not constitute an endorsement of the Bonds or the creditworthiness of the Corporation. Pursuant to Chapter 643, V~rginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the Commonwealth of V~rgima, nor any political subdivision thereof, nor the Authonty shall be obhgated to pay the Bonds or the interest thereon or other costs ~ncident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, or any political subdivision thereof shall be pledged thereto. 3. This Resolution shall take effect ~mme&ately upon its adoption. CERTIFICATE The Undersigned Clerk of the City Council of the C~ty of Virginia Beach, V~rginia (the "Council"), hereby certffies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the members of the Cotmcfl present and voting at a meeting duly called and held on ,1997, in accordance w~th law, and that such resolution has not been repealed, revoked, rescinded or amended, and ~s in full force and effect on the date hereof. WITNESS the following s~gnature th~s ~ day of ., 1997. (SEAL) Clerk, City Council of the C~ty of V~rg~nia Beach, Virg~ma ADOPTED: June 10, 1997 APPROVED AS TO CONTENTS gnature Department APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~/C~ty Attorney City of Virginia Beach LESLIE L LILLEY CITY ATTORNEY MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456 9004 (757) 427 4531 FAX (757) 426 5687 TDD (757) 427 4305 May 20, 1997 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re.' Our Lady of Perpetual Help Health Center, b~c. Residential and Health Care Facility First Mortgage Revenue Bonds (Our Lady of Perpetual Help), Series 1997 We submit the following in connection with a project for Our Lady of Perpetual Help Health Center, Inc. (The "Corporation") to be located at 4560 Princess Anne Road in Virginia Beach, Virginia. (1) Certificate of public hearing together with evidence of publication of the notice, summary of statements made at the public hearing, fiscal impact statement and the Authroity's resolution recommending City Council's approval is attached as Exhibit A. (2) The Disclosure Statement is attached as Exhibit B . (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit C. The Honorable Meyera E. Oberndorf, Mayor Members of City Council - 2- May 20, 1997 (5) Attached as Exhibit D is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit E is a letter from the appropriate City department commenting on the Project. Very truly yours, Robin D. Ray Chair RDR/GLF/mmh Enclosures EXHIBIT A CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority") hereby certifies as follows: 1. A regular meeting of the Authority was duly called and held on May 20, 1997, at 8:30 o'clock, a.m., in the offices of the City of Virginia Beach Development Authority, 780 Lynnhaven Parkway, Suite 350, Virginia Beach, Virginia. The meeting was open to the public, and persons of differing views were given an opportunity to be heard. At such meeting all of the Directors of the Authority were present or absent throughout as follows: PRESENT: ABSENT: Dudley Fulton Brantley Basnight David King Kenneth Palmore Stephen Burke Robin Ray Kenneth Barefoot 2. The Chairman announced the commencement of a public hearing on the application of Our Lady of Perpetual Help Health Center, Inc., and that a notice of hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing in a newspaper having general circulation in the City of Virginia Beach, Virginia (the "Notice"). A copy of the Notice and a certificate of publication of such Notice have been filed with records of the Authority and are attached hereto as Exhibit (i). Authority: The following individuals appeared and addressed the A. C. Epps, Jr. Mary Elyn McNichols A reasonably detailed summary of their statements together with a fiscal impact statement required by the Industrial Development and Revenue Bond Act, as applicable pursuant to Chapter 514 of the Virginia Acts of Assembly of 1983, are attached hereto as Exhibits (ii) and (iii). 4. Attached hereto as Exhibit (iv) is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Commissioners present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. -2- WITNESS my hand and the seal of the Authority this~,~day of May, 1997. Beach (SEAL) -3- PUBLISH May 6 and May 1], 1997 NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority") will hold a public hearing on the application of Our Lady of Perpetual Help, Inc. (the "Corporation"), ~or the Authority to issue, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), its revenue bonds (the "1997 Bonds") in an amount now estimated not to exceed $18,000,000 to finance costs of acquiring, constructing and equipping a ~acility for the residence and care of the aged (the "Project") known as Our Lady of Perpetual Help, to be operated by the Corporation and located &~-~g~-~i~6~s-Anne Road, Virginia Beach, Virginia. The Project will consist of a nursing center and Alzheimer's center -- in a one-story facility of approximately 87,195 square feet. The facility is expected to contain approximately 120 beds consisting of three pavilions of approximately 20 beds each designed for Alzheimer's care, and a nursing center wing with 30 nursing holn~ beds and 30 intensive personal care beds. In addition, the facility is expected to contain food service and dining areas, therapy, recreation and common areas, housekeeping, storawe and office space and other treatment and support space. The Corporation is a Virginia non-stock corporation, whose current principal place of business is located at c/o Catholic Diocese of Richmond, Mr. John F. Barrett, 811 Cathedral Place, Richmond, Virginia 23220. The public hearing, which may be continued or adjourned, will be held at 8:30 o'clock a.m. on May 20, 1997, before the Authority, in its offices at 780 Lynnhaven Parkway, Suite 350, virginia. Beach, Virginia 23452. Any person interested in the issuance of the 1997 Bonds or the financing of the Project may appear and be heard. As required by the Act, the 1997 Bonds will not pledge the czedit or the taxing power of the City of Virginia Beach, Virginia, or the Authority but will be payable solely from ~evenues derived from the Project a~d pledged therefor. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Robin D. Ray, Chairperson The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority',), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on May 20, 1997, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS the following signature this ~~day of May, . -5- THE VZRGXNZAN-PXLOT BILLED ACCOUNT ,, , HUNTON & WlLLIAHS RZVERFRONT PLAZA, E T14R 951 EAST BYRD STREET RZCHHOND VA 23219 BTATENENT HO. PAGi ,ZNVOTCi DATi 14 I OS/18/97 BZLLED ACCTI AD NUNBER ZNVC NUNBER i, 072129503 558&0120 910603001 IPLEAEE ENTER ANOUNT OF NCLOSE~ PAYNENT BELOW XSSUE ' EDXTXON XNVC NBR DESCRXPTXON BXZE GROSS ANT. i il i i · i i OS/06/97 FULL 910603001 REVEHUE BOND 2 X 0042 236.04 OS/13/97 FULL 910603002 REVENUE BOND 2 X 0042 236.04 TOTAL 472. O8 :l!tlliil : r · ,'- - '[ --- ' ~, ~l,~S,,y_. ~, __ _ i , i State of Virginia City of Norfolk ,o-.~,, AFFIDAVIT This day LiSa V. iilll pirlonmZly appeared before mi and after being duly sworn made oath t CZ) (He) (She) il affidavit clerk of The Virginian-Pilot & ne.lplper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virgih~ Beach, State of Virginia; (2) That the advertisement hereto annexed at REVENUE BONO has been published J said neNlpaper during the folloving dates: 05/06/97 - 05/13/97 Subscribed and s~orn to before me in my city and state aforesaid this 18TH day of NAY 1997 Exhibit (ii) SUMMARY OF STATEMENTS MADE AT PUBLIC HEARING CONDUCTED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON MAY 20, 1997, WITH RESPECT TO THE APPLICATION OF OUR LADY OF PERPETUAL HELP HEALTH CENTER, INC. FOR AUTHORITY FINANCING Ms. McNichols reviewed the information in the application with the Authority members as to the plans for the project. Ms. McNichols and Mr. Epps entertained questions from the Authority. -5- FISCAL IMI~ACT STATEMENT DATE: May 12, 1997 TO: THE CITY COUNCIL OF VIRGINIA BEACH. VIRGINIA PROTECT NAME. Our Lady of Per. petual Help TYPE OF FACILITY. Health care center - (nursing and Alzheimer's) for the elderly 1. M~ximum ,mount of fimmcing sought $ 18,0oo, 000 . Estimated taxable value of the facility's real property to be constructed in the municipality $ 8,589,813 , Estimated real property tax per year using present tax rates $ 104r796 , Estimated personal property tax per year using present tax rates $ 224 , Estimated merchant's capital(business license) tax per year using present tax rates $ n/a . Estimated dollar value per year of goods and services that will be purchased locally 1,084,933 , Estimated number of regular employees on year round basis 98.6 8. Average anntml salary per employee $ 17,369 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City o~h Development Authority Chair/ ~ RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been presented to the Authority the application of Our Lady of Perpetual Help Health Center, Inc. (the "Corporation"), a non-profit, non-stock Virginia corporation, for the issuance by the Authority of its revenue bonds to finance the acquisition, construction and equipping of a facility for the residence and care of the aged consisting of a nursing center and Alzheimers center (the "Project") in the City of Virginia Beach, Virginia (the "City"); and WHEREAS, the Authority has held a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.1-1378.1 of the Industrial Development and Revenue Bond Act, as amended, which is applicable because of the provisions of Chapter 514 of the Virginia Acts of Assembly of 1983; and WHEREAS, the Corporation in its application to and appearance before the Authority has described the benefits of the Project; and WHEREAS, the estimated cost of financing the Project and all expenses of issue will require an issue of revenue bonds in aggregate principal amount not to exceed $18,000,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that financing the acquisition, construction and equipping of the Project will be in the public interest of the City and its environs, and will benefit the City and its inhabitants by providing for the construction of facilities for the residence of the aged in order to provide care for the aged of the City and the Commonwealth of Virginia in accordance with their special needs and is consistent with the purposes of Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. 2. The Authority hereby agrees to assist the Corporation in financing the construction and equipping of the Project by undertaking the issuance of its revenue bonds in an amount not to exceed $18,000,000 (the "Bonds"), upon terms and conditions mutually agreeable to the Authority and the Corporation and subject to the requirements of the Act. 3. At the request of the Corporation, the Authority hereby approves Hunton & Williams as bond counsel to supervise the proceedings and approve the legality of the issuance of the Bonds, and approves Davenport & Co. of Virginia, Inc. and Scott & Stringfellow, Inc. as the underwriters of the Bonds. The Authority hereby consents to Hunton & Williams' representation of the underwriters in connection with the offering and sale of the Bonds and approves Crester Bank as Trustee. 4. All costs and expenses in connection with the issuance of the Bonds and the financing of improvements to the Project, including the fees and expenses of bond counsel and the Corporation's counsel, shall be paid from the proceeds of the Bonds to the extent allowed by law. If for any reason the Bonds are not issued or if the proceeds thereof cannot be used to pay -2- all such expenses, it is understood that all such costs and expenses shall be paid by the Corporation and that the Authority shall not have responsibility therefor. 5. The Corporation shall pay any and all costs and expenses incurred by the Authority in connection with the proposed bond issue. If for any reason the Bonds are not issued, it is understood that the Corporation will reimburse the Authority for all of its out-of-pocket expenses relating to the proposed bond financing. 6. The Corporation hereby agrees to indemnify and save harmless the Authority, its officers, directors, employees and agents from and against all liabilities, obligations, claims, damages, penalties, fines, losses, costs and expenses in any way connected with the Corporation or the issuance of the Bonds. 7. The Authority hereby recommends that the City Council of the City of Virginia Beach approve the issuance of the Bonds to the extent required by Section 147(f) of the Code and Section 15.1-1378.1 of the Industrial Revenue and Bond Act, as amended, as applicable to the Authority. 8. In adopting th~s resolution the Authority intends by this resolution to take "official action" toward the issuance of the Bonds within the meaning of regulations issued by the Internal Revenue Service pursuant to Section 103 of the Code and to confirm all such official action previously taken by it. 9. This resolution shall take effect immediately upon its adoption and shall expire within one year from the date hereof unless the Bonds are issued within such time. -4- CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on May 20, 1997, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. w~=.~ss the ~o~ow~ ~~re ~~~a~ o~ ~a~,/~, -5- EXHIBIT B DISCLOSURE STATEMENT Date: May ,1997 Applicant's Name(s): Our lady of Perpetual Help, Inc., a Virginia non-stock corporation All Owners (~f&fferentfrom apphcant): The Most Reverend Walter F. Sullivan, Bishop of the Diocese of Richmond Type of Application: Rezoning: From Conditional Use Permit: Street Closure: To Subdivision Variance: Other: Bond Issue The following ~s to be completed by or for the Apphcant: If the applicant is a CORPORATION, list all of the officers of the Corporation: Thomas Spivak, President Phyllis A. Millette, Vice President Robert M. McCarthy, III, Treasurer Joan M. Rothrauff, Secretary If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: The following is to be completed by or for the Owner (tfdtfferentfrom the apphcant): 1. If the owner a CORPORATION, list all of the officers of the Corporation: If the owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: The Most Reverend Walter F. Sullivan, Bishop of the Diocese of Richmond OUR LADY OF PERPETUAL HELP, INC., a Virginia non-stock corporation By: Augustus C. Epps, Jr., Counsel VIRGINIA Development Authority One Columbus Center, Suite 300 V~rg~nia Beach, VA 23462 (804) 499-4567 FAX (804) 499-9894 Kenneth F. Palmer, Chazrman Robin D. Ray, Vzce-Chazrman F. Dudley Fulton, Treasurer W Brantley Basnight III, Secretary Kenneth D Barefoot David A K~ng, Jr Thomas J Lyons, Jr. EXHIBIT C OUR LADY OF PERPETUAL HELP HEALTH CARE, INC. RESIDENTIAL AND HEALTH CARE FACILITY FIRST MORTGAGE REVENUE BONDS (OUR LADY OF PERPETUAL HELP) SERIES 1997 The Authority recommends approval of the captioned financing. The acquisition, construction and equipping of a facility for the residence and care of the aged consisting of a nursing center and Alzheimer's center will benefit the City and its inhabitants by providing for the residence and care for the aged of the City and the Commonwealth of Virginia in accordance with their special needs. In particular, it will make available much needed specialized care for people diagnosed with Alzheimer's or dementia. EXHIBIT D SUMMARY SHEET CITY OF VIRGINIA Bi, ACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND . PROJECT NAME: 2. LOCATION: , Our Lady og Perpetual He~p 4560 Princess Anne Road, Virginia Beach · , DESCRIPTION OF PROJECT: nursino center and Alzheimer'~ Gender in a opgrstorY f~cility of approximatel~ ~7.195 square feet AMOUNT OF BOND ISSUE: $18,ooo, ooo 5. PRINCIPALS: 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? R-7.5 Residential District Yes No x conditional use permit grant, y the City of_Vi~gia Beacl or a nursing zaclil%y NOTE: THIS DOCUMENT MUST BE ON 8-1/2 x 14 INCH PLAIN BOND PAPER. City of Virginia Beach INTER-OFFICE CORRESPONDENCE EXHIBIT E DATE: May 19, 1997 TO: FROM: SUBJECT: Mr. Gary Fentress, Deputy City~ Attorney Andrew M. Friedman, Director~ / Department of Housing and N~o' City of Virginia Beach Development Financing (Our Lady of Perpetual Hel~ lhood Preservation ~h %uthority Proposed Bond Health Center), Series 1997 Based upon the information received from the applicant and a discussion with the applicant's attorney, I believe that the proposed project to be financed has a public benefit in that it will provide an otherwise unavailable set of services to Alzheimer patients in the City of Virginia Beach and will provide a limited amount of those services at a reduced cost to those unable to afford the cost. Please contact me if you need anything further. AMF:jap f:\users~jponder\memos\fentress - 22 - Item V-K.I. ORDINANCES ITEM # 42248 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND Sections 31-1, 31-26, 31-27 and 31-28 of the City Code re recycling and automated refuse receptacles servicing townhouse sub&visions. Voting: 9-2 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorfi, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley and Reba S. McClanan Council Members Absent: None June 10, 1997 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO RECYCLING AND AUTOMATED REFUSE RECEPTACLES SERVICING TOWNHOUSE SUBDIVISIONS SECTIONS AMENDED: 31-1, 31-26, 31-27 AND 31-28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 31-1, 31-26, 31-27, and 31-28 of the Code of the 10 City of Virginia Beach, Virginia, are hereby amended and reordained 11 to read as follows: 12 Sec. 31-1. Definitions. 13 The following definitions shall apply in the interpretation 14 and enforcement of this chapter: 15 Building and construction materials means any material such as 16 lumber, wire, pilings, sheetrock, shingles, brick, plaster, 17 gutters, pipes, concrete, asphalt, stones, topsoil, dirt, dredge 18 spoil or other substances accumulated as a result of the 19 construction, repair, alteration or demolition of infrastructure, 20 including, but not limited to, buildings, highways, utilities, 21 streets, sidewalks, or similar structures, dredging or land- 22 clearing activities. 23 Bulk container, dumpster means a metal container of not less 24 than four (4) cubic yards nor larger than eight (8) cubic yards, 25 made of watertight construction with doors opening on two (2) sides 26 and/or top, and constructed so that it can be emptied mechanically 27 by specially equipped trucks. Containers shall be covered. 28 Hereinafter, upon the effective date of this section, all new bulk 29 containers shall meet these specifications. 30 Business trash means any waste accumulation of dust, paper and 31 cardboard, excelsior, rags or other accumulations, other than 32 hazardous waste, garbage or household trash, which are usually 33 attendant to the operation of stores, offices and similar 34 businesses. 35 City means the City of Virginia Beach. 36 Commercial establishment means any retail, restaurant, 37 manufacturing, wholesale, institutional, religious, governmental or 38 other nonresidential establishment at which garbage or trash may be 39 generated. For purposes of this chapter the term "commercial 40 establishment" shall not apply to churches, synagogues, mosques, or 41 any other such house of worship. 42 Detachable container means a unit, varying in capacity between 43 five (5) cubic yards and forty (40) cubic yards, which is used for 44 collecting, storing and transporting building and construction 45 materials, business trash, industrial waste, hazardous waste, 46 refuse or yard trash. The unit may or may not use an auxiliary 47 stationary packing mechanism for compaction of materials into the 48 container and may be of the open or enclosed variety. The 49 distinguishing feature of the detachable container is that it is 50 picked up by a specially equipped truck and becomes an integral 51 part of the truck for transporting the waste materials to the 52 disposal site. 53 Garbage means the by-product of animal or vegetable foodstuffs 54 resulting from the handling, preparation, cooking and consumption 55 of food or other matter which is subject to decomposition, decay, 56 putrefaction or the generation of noxious or offensive gases or 57 odors, or which, during or after decay, may serve as breeding or 58 feeding material for insects or animals. 59 Hazardous waste means any substance, material, solid waste or 60 combination of solid waste which, because of its quantity, 61 concentration or physical, chemical or infectious characteristics 62 may: 63 (1) Cause or significantly contribute to an increase 64 mortality or an increase in serious irreversible or in 65 capacitating illness; or 66 (2) Pose a substantial present or potential hazard to human 67 health or the environment when improperly treated, 68 stored, transported, disposed of, or otherwise managed. 69 For purposes of this chapter, the term "hazardous waste" shall 70 include, but not be limited to, materials such as poison, acids, 71 caustics, chemicals, infectious materials, offal, fecal matter, 72 biological materials, petroleum, petroleum products, flammable 73 materials, compressed gases, radioactive materials and explosives. 74 Household trash means every waste accumulation of paper, 75 sweepings, dust, rags, bottles, cans or other matter of any kind, 76 other than garbage, which is usually attendant to housekeeping. 77 Industrial waste means all waste, including solzds, semi- 78 solids, sludges and liquids, created by factories, processing 79 plants or other manufacturing enterprises. 8O Litter means garbage, refuse, waste materials, including waste 81 tires, or any other discarded, used or unconsumed substance which 82 is not handled as specified in this chapter. 83 Loading and unloading area means any stream, river or lakeside 84 or land dock, space or area used by any moving vehicle for the 85 purpose of receivmng, shipping and transporting goods, wares, 86 commodities or persons. 87 Mobile containers means containers for refuse for use by 88 commercial establishments, and having a capacity of up to one 89 hundred twenty (120) gallons and equipped with wheels for mobility. 90 Multiple residential unit means any duplex, apartment, group 91 of apartments or condominium used as a dwelling place for more than 92 one (1) family. 93 Out of view of the public means stored behind the plane of the 94 front wall of the residence or buildinq being serviced, except when 95 otherwise designated by the city manaqer or his designee. 96 Person means any individual, firm, company, corporation, 97 partnership, association, governmental body, municipal corporation 98 or any other legal entity. 99 Portable packing unit means a metal container, not exceeding 100 forty-five hundred (4,500) pounds gross weight, with four (4) to 101 six (6) cubic yard capacity, that contains a packing mechanism and 102 an internal or external power unit. 103 Recyclables means all recyclable items, including, but not 104 limited to, newspaper, cardboard, chipboard, junk mail, and catalog 105 grade papers; clear, green and brown glass bottles and jars; 106 plastic containers #1-#7; aluminum beverage cans, aluminum foil and 107 pie pans and steel/tin food cans. 108 Refuse means solid waste accumulations consisting of garbage, 109 household trash, vegetative waste, yard trash and business trash as 110 herein defined. 111 Residential refuse receptacle means a metal or plastic 112 container for refuse, of substantial construction, with a tight- 113 fitting lid, and provided with wheels or handles sufficient for 114 safe and convenient handling for collection at curbside. Except for 115 those areas serviced by automated collection equipment, such 116 receptacles shall have a capacity of not more than thirty-two (32) 117 gallons and a total weight of not more than fifty (50) pounds or an 118 empty weight of not more than ten (10) pounds, and shall be kept in 119 serviceable condition at all times. Any areas serviced by automated 120 collection equipment shall use 90- to 120-gallon automated refuse 121 receptacles as approved by the city manager or his designee. Any 122 receptacle which does not meet standards set by the city manager or 123 his designee shall be removed. Exceptions to these requirements may 124 be made by the city manager or his designee. 125 Resort area includes all real property within the borough of 126 Virginia Beach. 127 Resort collection zone includes all commercial establishments 128 within the area defined by and including the establishments 129 fronting on the west side of Pacific Avenue to the 130 boardwalk and by Rudee Inlet to 42nd Street. This zone is 131 established to ensure that the Resort Area, with mts dense 132 concentration of businesses, its high visibility, and its impact on 133 city resources, is adequately maintained for the numerous visitors 134 and residents who visit the Resort Area. The city manager or his 135 designee may include in the resort collection zone such commercial 136 establishments that operate as a "resort business" and which are 137 located along the periphery of the resort collection zone. 138 Single residential unit means any dwelling place occupied by 139 one (1) family. 140 Small dead animals means dead cats, dogs, small household pets 141 and other animals of similar size. 142 Vegetative waste means waste accumulation of tree branches, 143 tree limbs, parts of trees, bark, roots, stumps, bushes or 144 shrubbery generated by yard and lawn care or land-clearing 145 activities. 146 Yard waste, yard trash means waste accumulations of lawn, 147 grass or shrubbery cuttzngs or clippings and dry leaf rakings, free 148 of dirt, rocks, large branches and bulky or noncombustible 149 material. 150 Yard waste receptacles means plastic bags closed by a tight- 151 sealing method of suitable type, such as drawstring, wire tie or 152 knot, made of a clear material, which have a maximum capacity of 153 forty (40) gallons and a maximum weight, when full, of twenty-five 154 (25) pounds. 155 Yard waste container means a container thirteen (13) feet 156 long, seven (7) feet wide and five (5) feet high for residential 157 yard waste. 158 Sec. 31-26. Receptacles generally. 159 Ail refuse to be collected by the city shall be stored 160 proper receptacles between times of collection. Except in those 161 areas serviced by automated collection equipment, such receptacles 162 shall be metallic or plastic, with a capacity of not more than 163 thirty-two (32) gallons or a total weight of not more than fifty 164 (50) pounds. Any automated refuse receptacle serviced by the city 165 shall not be filled to exceed two hundred (200) pounds total 166 weight, and all refuse therein must fit inside the receptacle. 167 Refuse may be placed in plastic or polyethylene bags which meet the 168 standards set by the city manager or his designee. Each receptacle 169 shall have a tight-fitting cover, and each bag shall be tightly 170 secured. The cover of any receptacle shall be kept on at all times 171 except when the receptacle is being filled, emptied or cleaned. 172 Animal waste, ashes and special refuse items shall be disposed of 173 in the manner set forth in section 31-7 of this chapter. Any areas 174 serviced by automated collection equipment shall use automated 175 refuse receptacles and containers for recyclables as approved by 176 the city manager or his designee. Ail garbage or receptacle 177 material shall be placed within the automated refuse receptacles. 178 No hazardous waste, refuse, contaqious disease refuse or any other 179 refuse or non-recyclables shall be placed in any container for 180 recyclables used for collection by the city or a city contractor. 181 No other type~ of receptacle~ ~-~ are permitted for use in the 182 automated collection areas. Exceptions to these requirements may be 183 made by the city manager or his designee. Only yard waste 184 containers or yard waste receptacles as defined in section 31-1 of 185 this chapter shall be used for yard waste. A maximum of twenty-five 186 (25) yard waste receptacles shall be collected per residence on any 187 given collection day. 188 Sec. 31-27. Frequency of collection. 189 (a) Garbage and household trash accumulated at residences 190 shall be collected by the city one (1) time each week, except when 191 otherwise designated by the city manager or his designee. Oversized 192 household trash, and bulky items such as refrigerators, water 193 heaters and washing machines shall be collected by the city one (1) 194 time each week at the curbside; provided that, the service of 195 collecting these articles shall only be provided when a special 196 order is placed by telephoning the waste management division in 197 advance. 198 (b) Recyclables shall be collected every other week on the 199 same day as waste collection, except when otherwise designated by 200 the city manager or his designee. 201 Sec. 31-28. Points of collection. 202 (a) Privately owned residential refuse receptacles including 203 automated refuse receptacles and containers for recyclables, the 204 contents of which are to be collected by the city or a city 205 contractor, shall be placed on the curb line of a city r~ght-of-way 206 no earlier than 5:00 p.m. on the day before collection, and by 7:00 207 a.m. on the day of collection. Ail receptacles must be removed out 208 of view of the public after collection on the day of collection~ 209 except as otherwise designated by the city manaqer or his designee. 210 Containers for recyclables provided to townhouses shall be removed 211 out of view of the public after collection on the day of 212 collection. Except as otherwise set forth in this subsection, 213 automated refuse receptacles, and containers for recyclables that 214 are not removed from public view on the day of collection may be 215 removed by the city and taken into temporary custody with posted 216 written notice to the property owner as to the location of the 217 containers and the procedure for reclaiming such containers. Some 218 residents serviced by automated collection equipment shall be 219 required to place the automated refuse receptacles on the opposite 220 side of the street from their house. 221 (b) Mobile containers in the resort collection zone may be 222 placed on the curb line of a city right-of-way by 6:00 a.m. on the 223 day of collection. 224 The collection of refuse from any mobile or bulk container by 225 a private contractor in the resort collection zone between April 15 226 and October 15 of each year shall be restricted to between the 227 hours of 6:00 a.m. and 10:00 a.m. dally. Any mobile container in 228 the resort collection zone placed on the curb line of a city rmght- 229 of-way between April 15 and October 15 must be removed from said 230 right-of-way no later than 10:00 a.m. If mobile containers are not 231 removed by that time, the city may remove them and take temporary 232 custody of such containers with posted written notice to the 233 property owner as to the location of the containers and the 234 procedure for reclaiming such containers. 235 (c) The city manager or his designee may authorize the 236 placement of mobile containers outside of the resort collection 237 zone on the curb line of a city right-of-way for collection by a 238 private contractor where access to and the servlczng of such 239 containers from the commercial property is impossible or 240 impracticable because of the size or physical constraints of the 241 property. In such cases the mobile container may be placed on the 242 curb line of a city right-of-way by 6:00 a.m. on the day of 243 collection. Such mobile containers shall be removed out of view of 244 the public immediately after collection. 245 (d) The city will not make refuse collections on private 246 property. 247 (e) Except as set forth in subsections (b) and (c) of this 248 section, refuse receptacles, mobile containers and bulk containers 249 used by commercial establishments and serviced by private refuse 250 collectors, shall not be placed on any street or city right-of-way 251 for collection. Unless otherwmse authorized by the city manager or 252 his designee, all collections shall be made directly from the 253 premises of the customer and any emptied receptacles or containers 254 shall be returned directly to such premises. 255 256 this Adopted by the City Council of the City of Virginia Beach on 10 day of June 1997. 257 258 259 260 CA-6593 DATA/ORDIN/PROPOSED/31-1et.COM May 5, 1997 R4 Policy Report AUTOMATED WASTE COLLECTION SERVICE TO TOWNHOUSES BACKGROUND In 1986 the City began implementation of the automated waste collection system using the 90- gallon containers. The program was phased in over several years and completed in 1990. The containers were provided at no charge to the residents during the implementation phases. Effective July 1, 1990, any new residents were required to pay for the cost of the container. When the automated waste collection service was developed, it was determined that townhouse communities should continue to be serviced by the manual collection system due to the limited space available to townhouse owners for storage and placement of an automated container. However, during the past few years we have had requests from several townhouse communities for the automated waste collection service. Two communities, the Green Run Homes Association and the Indian Lakes Homes Association, have recently requested and received the automated containers at their townhouse units. There are 18,780 townhouses serviced by the City, of which approximately 5,500 have now been automated, including Green Run and Indian Lakes. CONSIDERATIONS The recent requests from the Green Run Homes Association and the Indian Lakes Homes Association for the automated waste collection service to the townhouse units in their communities have prompted the need for a determination on the advisability of offering the automated service to the remaining townhouse communities throughout the city. Several considerations are being evaluated: the need for an ordinance amendment; the financial impact of purchasing additional containers; the related savings and operational costs between manual collection services and the automated collection services; and the physical appearance of the neighborhood. It is necessary to reevaluate the current policy, which discourages use of the automated waste collection service, rather than encouraging the remaining townhouses to convert from the existing manual service. Section 31-28 of the City Code requires that waste receptacles be removed out of view of the public after collection. The Department of Public Works and the Department of Housing and Neighborhood Preservation will be recommending an amendment to the Code that will allow the City Manager or designee to permit alternative storage arrangements for automated containers when storage out of public view is not possible or feasible, and when requested by the appropriate neighborhood representatives. It should be noted that out of public view is def'med as being behind the plane of the front wall of the residence being serviced, therefore, detached single family dwellings often have their automated receptacle in view but well away from the street and in compliance with the ordinance. The current conditions in townhouse communities that frequently results from improper storage and handling of waste, causes major litter and health concerns in these communities. This is particularly true on waste collection day when residents set out paper bags and open containers. These concerns are caused by animals and wind spreading the litter throughout the communities. It is also the opinion of the staff that there are potential rodent problems caused by improper storage of waste between collection days. The use of the automated containers would minimize these problems. PUBI.IC INFORMATION The current process being utilized to notify those areas that have requested the automated service includes working through the civic organizations to provide notifications to their members, placing letters and informational brochures from the City on each container as they are delivered, and fielding public inquiries through the customer service office in the Waste Management Division. BUDGETARY IMPACTS & CONSIDERATIONS The existing manual service consists of six collection vehicles with three crew members per vehicle, for a total of 18 employees. The automated service to the remaining townhouses can be provided with four employees and four vehicles. By automating all of the remaining townhouses, a higher level of service can be provided for $235,000 annually compared to $604,000 annually for the manual service, resulting in an annual savings of $369,000. However, there will be a one-time expense of purchasing the automated containers totaling $645,000. This can be accomplished by implementing the service over a two to three-year period, utilizing the savings generated by the automated system to offset the cost of the containers. AI,TERNATIVE COUI~qE~q OF ACTION The waste collection service can remain as it currently exists (manual) or can switch to automated services either by mandatory requirement or by voluntary requests from the civic organizations or townhouse associations. Amendment of City Code Section 31-28 will be required to allow the use of automated containers in townhouse areas. RECOMMENDATION The automated waste collection system is much more efficient and productive than the manual system in use in most townhouse communities. It is recommended that the Waste Management staff offer the automated collection system to the townhouse communities where the automated containers can be stored out of view, except as otherwise designated by the City Manager or his designee. Any community that does not want the service will remain on the manual collection system. Purchase of the new containers will be off-set by the savings generated from the improved automated operation. ~rt:~Ralph"h~ mith, P.E. Department Director Date: ~~¢~. 0ReviewedbY: ~.~ ~~ James K. Spore City Manager Date: - 23 - Item V-K. 2. ORDINANCES ITEM # 42249 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Council ADOPTED: Ordinance to authorize the City Manager to execute an agreement with the Virginia Beach School Board re consolidation of the City Print Shop and the School Reprographics Shop. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Wtlliam W. Harrison, Jr, HaroM Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor William D Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE VIRGINIA BEACH SCHOOL BOARD PERTAINING TO THE CONSOLIDATION OF THE CITY PRINT SHOP AND THE SCHOOL REPROGRAPHICS SHOP WHEREAS, as one of the divisions of the Department of General Services, the City of Virginia Beach operates a printing and copying division called the City Print Shop where City copying and printing needs are met; WHEREAS, the School Board of the City of Virginia Beach similarly operates a School Reprographics Shop which meets the copying and printing needs of School Administration and all of the schools of the City of Virginia Beach; WHEREAS, the City and the School Board have determined that consolidation of the City Print Shop and the School Reprographics Shop will improve the effectiveness and efficiency of their respective printing and copying needs and thus will be beneficial to the citizens of Virginia Beach and their children; and WHEREAS, the City and the School Board have drafted a Memorandum of Agreement setting forth their agreement in writing concerning this consolidation; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to execute an agreement on behalf of the City of Virginia Beach pertaining to the consolidation of the City Print Shop and the School Reprographics Shop, which agreement shall be in substantial conformance with the "Memorandum of Agreement" attached hereto as "Exhibit A". Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of June , 1997. CA-6553 ORD IN\NONCODE \ CA6553 . ORD R-1 PREPARED: 02 / 10 / 97 APPROVED AS TO CONTENTS: Department of General Services APPROVED AS TO LEGAL ~aw D%~a~me~t~/~O/f ~ MEMORANDUM OF AGREEMENT This Memorandum of Agreement dated this day of , 1997, by and between the CITY OF VIRGINIA BEACH (hereinafter "City") and the VIRGINIA BEACH SCHOOL BOARD (hereinafter "School Board"). WttEREAS, the City and the School Board have determined that consolidation of the School Reprographics Shop and the City Print Shop will improve the effectiveness and efficiency of their respective printing and copying needs and thus will be beneficial to the citizens of the City of Virginia Beach and their children; and WHEREAS, the City and the School Board wish to set forth, in writing, their agreement and obligations with respect to this consolidation. WITNESSETH: In consideration of the mutual covenants set forth herein, the City and School Board hereby agree as follows: 1. The combined print shop will meet the copying and offset printing needs of the School administration, the schools, and all City departments and divisions. The consolidated print shop will exercise whatever options are required to meet school and City priorities, including adjustments in schedules, overtime, and outsourcing agreements, especially in the event of timeliness and turnaround issues. 2. The School Board will relocate its Reprographics Shop from its current Courthouse School site to the City's Print Shop space in the Operations Building in the Municipal Center. The City agrees to make the renovations necessary to accommodate the Schools Reprographics Shop equipment and personnel within 30 days of the execution of this Agreement. 3. No later than July 1, 1997, the City will assume management of the two print shops being merged in the Operations Building. Until June 30, 1997, separate budgets will be maintained for the City's Print Shop and the School Board's Reprographics Shop as follows: a. The combined print shop will maintain separate accounting for former School personnel and City personnel in order to continue the School and City Internal Service Funds until June 30, 1997. All current personnel from the School Board Reprographics Shop and from the City Print Shop will be retained but the School positions will be renamed. The School Board's four positions, i.e., (1) Reprographics Supervisor, (2) Reprographic Specialists and (1) Printer II will become (1) Printing Coordinator Schools and (3) Printer IIs, and will be transferred to the City pay plan effective July 1, 1997. Salaries and benefits of these four School Reprographics Shop positions will continue to be charged to and paid by the Schools Reprographics Internal Service Fund until June 30, 1997. Salaries and benefits for the existing City Print Shop employees will continue to be charged to and paid by the City Print Shop Internal Service Fund until June 30, 1997. As of July 1, 1997 the combined print shop will have fifteen positions namely, (1) Administrator, (1) Account Clerk II, (1) Phototypesetter, (1) Printing Coordinator Schools, (1) Printing Coordinator City, (1) Production Supervisor, (1) Printer III/Camera, (2) Printer III, (5) Printer II and (1) Printer I, for a total of fifteen employees for the combined print shop. After July 1, 1997, salaries and benefits of all of the combined print shop employees will be charged to the consolidated Internal Service Fund and paid by the City. Sick leave and vacation due School Board employees as of July 1, 1997 shall follow those employees to the City. Prior years' service with the School Board shall be recognized for purposes of sick leave and vacation as prior service with the City. After July 1, 1997, the City will evaluate all consolidated print shop positions to determine whether any increases are needed to employee salaries. b. The combined print shop will maintain the same printing charge rates for Schools that were in effect prior to the merger until June 30, 1997. c. The combined print shop will maintain separate revenue accounts for credits on charges for School projects and City projects until June 30, 1997. d. Both the City Print Shop Internal Service Fund and the School Reprographics Internal Services Fund experienced deficits during or at the end of Fiscal Year 1996 and thus neither Schools nor the City had charge rates sufficient to cover costs in the prior year. If the City Print Shop Internal Service Fund is approaching year end Fiscal Year 1997 with a deficit, the City will eliminate any deficit in this fund by June 30, 1997. If the Schools Reprographics Internal Services Fund is approaching year end Fiscal Year 1997 with a deficit, the School Board will eliminate any deficit in this fund by June 30, 1997. 4. The City agrees that for the entire fiscal year 1997-1998 the combined print shop will use the same charge rates for school customers as are being used by the School Reprographics Shop in 1996-1997. The actual cost of printing would be closely monitored by the oversight committee in 1997-1998 and this data will be used to determine charge rates in years after 1997-1998. 5. All equipment owned or leased by the School Board for the Schools Reprographic Shop located in the Courthouse School site will be moved to the combined print shop at City expense no later than July 15, 1997. All lease contracts and costs of said equipment will be transferred to the City effective July 1, 1997. The combined print shop personnel needs to evaluate the use of the Xerox 5090 in the School Administration Building to see whether it would be cost effective to replace it with a walkup copier with advanced features for collation, stapling, etc. for short term copy runs to meet School Administration needs. The City will credit the School Board with the depreciated value of the owned equipment transferred to the City as directed by the School Board. The Fixed Asset records of the City will continue to identify until June 30, 1998 the equipment obtained from the School Board as a part of this merger of print shops. In the event of termination, the School Board shall be entitled to buy back from the City this equipment transferred to the City at its then depreciated value. 6. The School Board has a warehouse in which large amounts of paper for school use are stored by its print shop. The combined print shop will use as much of this schools paper stock for school projects as possible before June 30, 1997. Any remaining schools paper stock will be used exclusively for school projects thereafter and a credit for the cost of the paper against the print shop charge will be given for the paper used. 7. The City Print Shop Administrator oversees the City mail service operation but all costs related to the service are paid directly by the City's General Fund. The School Board will charge any costs related to School mail and supply services to the School General Fund as of July 1, 1997. The City will continue to charge any costs related to City mail to the City General Fund as of July 1, 1997. No mail or supply service costs for the City or for Schools will be charged to the combined print shop after July 1, 1997. 8. The courier service now managed by the City Print Shop Administrator will be operated by a different division of the General Services Department and paid from the City's General Fund effective July 1, 1997. The School Board's courier service (Pony) paid from the Schools General Fund, both now and after July 1, 1997, will continue pickup and delivery of print shop projects for schools and school administration with no charge to the combined print shop. 9. The City Print Shop Administrator is the contract administrator for copiers located in the various departments of the City. This responsibility includes not only specific evaluation, standardization measures, and supply procurement for these machines, but also supervision of compliance issues and support of maintenance contracts. All costs for these services are paid directly by the departments using the equipment. Once the print shops are combined, the City Print Shop Administrator could perform these services for School Administration at the Municipal Center, provided that all costs for these services are charged to and paid by a School Board fund or account. 10. Printing Services" The name of the combined print shop will be "City/Schools · 11. Because this Agreement binds the parties for a period longer than the current fiscal year, it is understood and agreed between the parties herein that the City and the School Board will be bound hereunder only to the extent that funds are appropriated and budgeted for a City/Schools consolidated print shop. 12. An oversight committee will be appointed by the City Manager and the Superintendent of Schools to meet on a frequent basis to address printing issues. A written report should be prepared by this committee for the City Manager and the Superintendent of Schools monthly for the first six months and annually, or as needed, thereafter. 4 13. This Memorandum of Agreement, and the obligations arising hereunder, may be terminated by either party hereto upon sixty (60) days' written notice to the other party. Notice to the City of Virginia Beach shall be addressed and delivered to the City Manager; notice to the Virginia Beach School Board shall be addressed and delivered to the Superintendent of Schools. Agreed this day of ,1997. James K. Spore City Manager Dr. Timothy R. Jenney School Superintendent Date Date Approved as to Contents: David M. Grochmal Director, General Services City of Virginia Beach John S. Kalocay Assistant Superintendent Administration of Support Services, Virginia Beach City Schools Approved as to Legal Sufficiency: Diane M. Greene -~1:~l~7 Assistant City Attorney GILES G. DODD 921 Lmdsley D~e ¥~m~a Beach, VA 23454 (804) 496-2254 January 16, 1997 Dr. Timothy Jenney Superintendent of Schools City of Virginia Beach Schools Virginia Beach, VA 23456 Re: School Reprographics- Plan for Consolidation Dear Dr. Jenney: Enclosed is the Plan for Consolidation of the School Reprographics and the City Print Shops. Based on this plan the responsibility for the Consolidated Shop would rest with the City and the date for implementation of the plan would be March 1, 1997. It has been a pleasure to work with you in this engagement. I shall be available at your convenience to disenss the plan with you. Res~-~TuHy, Giles G. Dodd CITY OF VIRGINIA BEACH - CITY OF VIRGINIA BEACH SCHOOLS PLAN FOR CONSOLIDATION SCHOOL REPROGRAPHICS AND CITY PRINT SHOPS JANUARY 21, 1997 PLAN FOR CONSOLIDATION SCHOOL REPROGRAPHICS AND CITY PRINT SHOPS TABLE OF CONTENTS Background ........ 1 School Board Resolution ....... 2 Responsibility for the Combined Shop ..... 2 Recommendation on Responsibility ..... 3 Date for Consolidation ....... 4 Transfer and Evaluation of Personnel ..... 5 Proposed Organization ....... 5 Joint School/City Committee ...... 6 Retained Earnings (Deficits) ...... 6 Future Charge Rates ....... 6 Courier Services ........ 7 Mail Room and Supplies Distribution ..... 7 City Departments - Copy Machines ..... 7 Xerox 5090 Copier - School Administration Building - - - 8 School Reprographics Equipment ..... 8 Fixed Asset Records on School Reprographics Equipment - - 8 School Paper Supplies ....... 8 Name of the Consolidated Shop ...... 9 Exhibits ......... 10 PLAN FOR CONSOLIDATION SCHOOL REPROGRAPHICS AND CITY PRINT SHOPS January 1997 Background The School Reprogmphics and the City Print shops are separate and distinct operations located in different buildings. School reprogmphics operates in a portion of the former Court House Elementary School building (Annex). This shop handles in-house the printing needs for the School Administration and an estimated 95% of the requirements for the schools. For the six month period ended December 31, 1996, reprogmphic services performed were as follows: Total number of service requests received -3,060 Total number of impressions run: (All in-house) 15,194,914 (Xerox copying/offset printing) Total number color copies 8,042 Total Impressions 15,202,956 The City Print Shop operates from a location in the lower level of the City Operations Building. It administers the printing nccds for all city departments and divisions. For the six month period ended December 31, 1996, the printing services performed were as follows: Total requests for service 2,899 Copier management: Provided 202 copiers to 9,736,782 users including paper, maintenance & supples Forms management/Outsourcing RepmgraphicslHigh Spccd duplicating Offset 350,000 Marine Science Brochures Color copier Total Copies/I mpressions 13,760,838 4,734,664 4,206,863 1,400,000 9,365 33,848,512 In 1992, the concept of consolidating the two shops surfaced. Correspondence between city and school staff members indicates that some effort was expended toward this end. For various reasons, that effort was unsuccessful. In 1995, the City Manager wrote to the Superintendent of Schools recommending that a formal study be undertaken on the consolidation concept. The Superintendent concurred in the proposal and David M. Griffith & Associates. Ltd was contracted to do the study. The city agreed to Day contract cost The Griffith report, issued on April 3, 1995, recommended that the shops be consolidated and School Reprographics staff be transferred to the city personnel system. The School Board Resolution On October 1, 1996, the School Board of the City of Virginia Beach adopted a resolution indicating its commitment to consolidation of the School and City shops and directed that an agreement be developed for approval. The resolution stipulated that the agreement must address the issues of: 1) disposition of school equipment and the accounting for the value thereof, 2) an equitable rate structure that preserves the school system's current cost per impression, and 3) a system for prioritizing work that reserves the school system's service levels. School Superintendent Dr. Timothy Jenney directed that a plan of consolidation be prepared. Responsibility for the Combined Shop The tirst issue is to determine whether the Schools or the City should have overall responsibility for the consolidated print shop. In seeking the answer there have been meetings with school and city administrators, managers of the school and city print shops, information technology directors from the city and schools and finance and budget officials from both. Where there has been correspondence on the print shops, this has been reviewed. Several major factors surfaced in these discussions. They are enumerated below: 1) The School Reprographics Shop and the City Print Shop each have excellent reputations for service. The respective administrators of the shops strive to be responsive to their customers by providing quality work on a timely basis. Consolidation is expected to result in better utilization of equipment, less overtime and more flexible work schedules for staff. The result should make for a better service. 2) In July 1994, ownership of the former Court House School was transferred to the City. As a condition of the transfer, School Reprographics was to vacate the building. Building #17 has bccn identified in the Municipal Center for the shop. Renovations would cost the Schools an estimate $110,000. This cost will not be incurred if School Reprographics is con~,olidated with the City Print Shop in the Operations Building. The City will spend $10,000 there to accommodate all equipment and personnel. This location has an existing hydraulic loading dock for off loading supplies and is nearer the School Administration Building than the present Annex. printing as well as School Printing is not one of the high priorities for the Schools. By turning the printing mission over to the City, there is no reason to believe that service will diminish or quality suffer. The persons in the City who are responsible for printing know the necessity to make the combined shop successful since it has been elevated to a high level of awareness in both the School and City Administrations. Date for Consolidation The effective date for consolidation should be March 1, 1997. Prior to this date and subsequently there are steps to be taken: Prior to March 1, 1997: City and School Administrators should work out the terms of the agreement. City to make the renovations to the Operations Building Approval of the agreement by School and City City Personnel Department to evaluate all employees of the consolidated Print Shop (including existing City Print Shop employccs and those to be transferred from School Reprographics) to ensure that employees doing comparable work will be treated fairly on the City Pay plan. March 1, !997: Transfer of School Reprographics to City personnel system Transfer of School equipment and supplies to the Combined Print Shop Begin Operations as a Unified Print Shop March I through June 30, 1997: Maintain separate accounting for former School personnel and City personnel in order to continue the School and City Internal Service Funds until June 30, 1997. Maintain same printing charge rates for school and city as were in effect prior to March 1, 1997. Maintain separate revenue accounts on charges credited to School projects and City projects. Use any remaining School Paper Stock on School projects. School and City Finance staffs must ensure that any deficits that remain in either of the Print Shop Internal Service Funds must be cleared before books are closed for the year. Neither Schools nor the City should have future printing charges impacted by the other's deficits School and City Finance and Printing Staffs collaborate on developing charge rates for printing to be implemented July, 1997. These rates are to be based on recovery of projected costs July 1, 1997: School Reprographics and Print Shop Internal Service Funds are merged into one consolidated Internal Service Fund. Combine personnel and accounting records into the new Internal Service Fund. Utilize uniform printing charges for City and School projects. Transfer and Evaluation of Personnel School Reprographics has four (4) employees who will be transferred to the city personnel system on March 1, 1997. Prior to consolidation, the City Personnel Director should evaluate the eleven (11) employees of the City Print Shop and those to be transferred from the School system. The evaluation is to merge the school employees into the city pay plan and ensure that all employees are treated fairly. Comparable job responsibilities should receive comparable pay. Of the employees transferred from Schools, it is intended that Jean Wallace, Toni French and Robed H___e_al~y will work in the Print Shop in the Operations Building. Sylvia Hatcher will continue to operate the Xerox 5090S copier at the School Administration Building. Salaries and benefits for existing City Print Shop employees should continue to be charged to the City Print Shop Internal Service Fund through June 30, 1997. Salaries and benefits of transferred School employees will continue to be charged to the School Reprographics Internal Service Fund until June 30, 1997 even though they will then be City employees. After July 1, 1997 salaries and benefits of all Print Shop employees will be charged to the Consolidated Internal Service Fund. Proposed Organization The proposed organization chart for the Consolidated Print Shop is shown in Exhibit C. Harry Smithson, Sr. is the Print Shop Administrator. He has had many years of printing experience with the City and in commercial pnnting. There will be two coordinator positions - one for School projects and one for City projects, These two positions will be key as they will act as liaisons with their respective customers. Jean Wallace will be the liaison with the School Administrators and School Principals. She appears to have excellent rapport with all school personnel. She will be the primary contact between the Schools and the Production Supervisor. David Pfitzer now serves as the liaison on City printing projects. The two liaison positions should work closely together and with the Production Supervisor to establish appropriate printing schedules for school and city projects. In a letter to Dr. Jenney dated September 27, 1996, City Manager James Spore wrote, "the consolidated Print Shop w~ll exercise whatever c)nhc)n~ are reauired to meet ~choc)l priorities, including adjustments in schedules and overtime. In addition, the consolidated shop will allow schools to actively participate in the City's outsourcing agreements, especially in the event of turnaround and timeliness issues'. School and City customers should feel comfortable with the consohdated shop, They will be able to continue dealing with people they have grown to trust. Joint School/City Committee Both City and School Administrators are anxious for this unified print shop to succeed. They want quality printing services on a timely basis for Iow cost. In the School Board resolution, service was one of the key issues of concern. It is believed that an oversight committee which meets on a frequent basis to address printing issues will be beneficial. An appropriate committee would be John Kalocay, David Grochmal, Jean Wallace and Harry Smithson, Sr. A written report should be prepared for the City Manager and School Superintendent monthly for the first six months and annually, or as needed, thereafter. Retained Earnings (Deficits) A deficit in an internal service fund retained earnings account is caused when charge rates estimated at the beginning of a year do not cover the costs for services rendered during the year. The Internal Service Funds for School Reprographics and the City Print Shop have each experienced deficits in the past. This condition existed during FY 1996. However, Schools made a transfer from the School Operating Fund in excess of $100,000 prior to the end of the year so that the Schools Reprographics Fund ended the year with a positive balance of $2,332 (Exhibit A). No adjustment to the printing charge rates has been made for FY 1997 so the retained earnings account could show a deficiency this year. The City Print Shop Internal Service Fund ended FY 1996 with a Retained Earnings deficit of $213,256 (Exhibit A) A surcharge of 20% was added to printing charges during the last quarter of FY1996 to reduce the deficit. By June 30th it was reduced by $87,239 from the previous year. The surcharge on city printing is still in effect The City should monitor its print shop activity very closely to ensure that it is cleared by June 30, 1997. If it still remains a deficit at that time, the General Fund Fund should be charged to cover it. If it is not cleared for the year beginning July 1, 1997, Schools should continue to pay the same charge rates as before consolidation. Future Charge Rates As pointed out in the Griffith study and noted above, neither Schools nor the City had oharg, e rates sufficient to cover costs in the I:)rfor veer Charae rates for the fiscal veer beginning July 1, 1997 should be determined using projected cost and production numbers based on prior years' data. The city and school staffs should use the period until July 1, 1997 to develop these rates. The new rates should be used for printing work performed on and after July 1, 1997. Because of the timing of budget preparation and adoption, the new rates may not be reflected in departmental budgets for FY 1998. If not, budget staffs should be receptive and prepared to make necessary budget adjustments during FY 1998 for units where pdnting budgets are deficient because of the new printing charges. Courier Services The City Print Shop operates a couder service for delivery of completed printing orders to city departments. Expenses for this service relate to one vehicle and the salary of one employcc. These costs are now paid from the Print Shop Internal Service Fund and no direct charge is made to departments for the service. Schools operates a couder service (Pony) provided as a service by the School General Fund. The Pony picks up pdnted matedal for delivery to schools and administration from School Reprographics but them is no charge for the service. It is recommended that the couder service now managed by the City Print Shop Administrator be operated by a different division of the General Services Department to be paid from the city's General Fund. Mail Room and Supplies Distribution School Reprographics now provides administrative support in the School Administration Building for mail services and distribution of supplies. Schools should assign the mail and supply services to someone not paid from the Internal Services Fund. If this is not feasible, the School Reprographics personnel should make a direct charge to the School General Fund to reimburse the Internal Services Fund for costs related to mail and supply services. The City Print Shop Administrator oversees the City mail service operation but all costs related to the service are paid directly by the City's General Fund. None of this cost is charged to the Print Shop. City Departments -Copy Machines The City Print Shop Administrator is the contract administrator for copiers located in the various departments of the city. This oversight includes compliance issues and support of maintenance contracts He also provides sr~ecification evaluation standardf;,ation measures and supply procurement for these machines. All costs for these services are paid directly by the departments using the equipment. If desired, this service could also be extended to the School Administration Building after Print Shop consolidation. Xerox 6090 Copier - School Administration Building After consolidation, the School Coordinator should review the need for the Xerox 5090 copier in the School Administration Building. It may be more cost effective to replace this equipment with a walk-up copier with advanced features for collation, stapling, etc. for short term copy runs. School Reprographics Equipment Most of the equipment owned by School Reprographics is more than 5 years old and was purchased prior to the establishment of the Internal Service Fund. All the equipment should be transferred to the Consolidated Print Shop on March 1, 1997. All lease contracts and costs should be transferred to the City effective March 1, 1997. Schools should receive reimbursement for the value of the owned equipment. The price may be determined to be depreciated value, appraisal or any method agreeable to the City and Schools. The depreciated value of the equipment shown on the Balance Sheet on June 30, 1996 was $8,729 (Exhibit B). There also nccds to be a determination of what will constitute acceptable payment. One of the options could be a credit to reduce the School Operating Fund deficit. Fixed Asset Records on School Reprographics Equipment Following the transfer of equipment from Schools to the City, the Fixed Asset records should continue to reflect through June 30, 1998 that the equipment was obtained from School Reprographics. This would be the 'fail safe" period during which the School Board could reestablish its own print shop should the consolidated shop be deemed not responsive to Schools needs. If it wanted the equipment returned, the City Council and School Board would nccd to agree on the value of the equipment at that time. School Paper Supplies School Reprographics has followed the practice in the past of warehousing large stocks of paper for future use. The City Print Shop requires vendors to deliver print supplies on an as needed basis and does not find it necessary to stock volumes of paper Schools should attempt to utilize most or all of the paper stock before consolidation That which remains should be inventoried on March 1, 1997 and used exclusively for School Printing jobs thereafter. Name of the Consolidated Shop The agreement between the City and School Board should specify the name of the facility. To give ownership to both the School and the City, it is suggested that the words 'City' and 'School' should be in the official name - such as 'City/School Print Shop' or 'School/City Print Shop' 10 EXHIBITS EXHIBIT A CITY OF VIRGINIA BEACH AND VIRGINIA BEACH SCHOOLS REVENUES , EXPENSES AND RETAINED EARNINGS CHANGES CITY PRINT SHOP AND SCHOOL REPROGRAPHICS INTERNAL SERVICE FUNDS FOR THE YEAR ENDED JUNE 30, 1996 Operating Revenues: Billings to Departments M~scellaneous Revenue Total Operating Revenues City Print SchoOl Shop Reprographlcs Combined $1,774, §64 $645,491 $2,420,155 10 10 $1,774,674 $645,491 $2,420,165 Operating Expenses: Cost of Goods Sold Personal Services Fringe Benefits Contractual Services Internal Sen/ices Other Charges Leases and Rentals Depreciation Total Operating Expenses 311,070 311,070 366,670 191,974 558,644 79,301 36,157 115,458 313,109 148,947 460,056 20,241 20,241 44,909 266,592 311,501 490,748 490,748 58,526 3,565 62,091 $1,684,574 $645,235 2,329,809 Operating Income 9o, 100 , .256 Nonoperating Revenues (Expenses): Interest Income Interest Expense Total Nonoperafing Revenues (Expenses) 919 (3,780) (2,861) 919 (3,780) (2,861) Net Income $87,239 $256 87,495 Retained Eamings (Deficit) -July t Retained Earnings (Deficit) - June 30 {300,495) {$213,256) 2,076 · $21332 .. (~210,924) EXHIBIT B - - CITY OF VIRGINIA BEACH, VIRGINIA COMPARISON OF BALANCE SHEETS FOR CITY PRINT SHOP AND SCHOOL REPROGRAPHICS JUNE 30, 1996 ASSETS: Current Assets Cash & Investments Accounts Receivable Inventory Total Current Assets Print Shop School Reprograph~cs Combined $7,435 $54,051 $61,486 1,692 8,940 10,632 27,216 27,216 36,343 62,991 9g,334 Property, Plant & Equipment Machinery and Equipment Assets under Capital Leases Total Property, Plant & Equipment Less' Accumulated Depreciation Net Property, Plant & Equipment 498,550 141,142 639,692 252,217 252,217 750,767 141,142 891,909 691,940 132,413 824~ 353 58,827 8,729 67,556 TOTAL ASSETS LIABILITIES AND FUND EQUITY: Liabilities Salanes Payable Vouchers and Accounts Payable Obhgations under Capital Leases Accrued Compensated Leave Advances from General Fund Total Liabilities .. $95;170 $711720 $166~890 778 778 137,892 26,864 164,756 51,279 51,279 44,107 30,849 74,956 37,450 37,450 270,728 58,491 329, 219 Fund Equity Contributed Capital - Municipality Contributed Capital - Federal Government Total Contributed Capital 37,372 10,897 48,269 326 326 37,698 10,897 48,595 Retained Earnings(Defic~ TotalFund Equity (213,256) 2,332 (210,924) (175,558) 13,229 (162,329) TOTAL LIABILITIES AND FUND EQUITY $95,170 $7.1,720. $166,890 0 Z 0 - 24 - Item V-K.3. ORDINANCES ITEM # 42250 Dr. Donald A. Peccia, Associate Superintendent - Schools, Budget/Finance/Technology, responded to City Council concerns. Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinances re Schools: ao Ordinance to REDUCE appropriations in the FY 1997-1998 School Textbook Fund by $71.5,000 and in the School Athletic Fund by $30,400. bo Ordinance to TRANSFER $677,021 between the four major categories of the FY 1997-1998 School Operating Fund as follows: Instruction Admtnistration, Attendance & Health Pupil Transportation Operations & Maintenance NET CHANGE IN TOTAL APPR OPRIA TION $ a7 ,862) 437,678 (5o1,159) 239,343 o Voting: 11-0 (By ConsenO Council Members Voting Aye: John A Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, £outs R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 AN ORDINANCE TO REDUCE APPROPRIATIONS IN THE FY 1997-98 SCHOOL TEXTBOOK FUND BY $715,000 AND IN THE SCHOOL ATHLETIC FUND BY $30,400 WHEREAS, the C~ty Council, on May 13, 1997 approved a FY 1997-98 Operating Budget for Schools totaling $411,051,705, a FY 1997-98 School Textbook Fund totaling $6,290,755, and a FY 1997-98 School Athletic Fund totaling $1,244,087; WHEREAS, the School Board found, Jn rewew~ng those final amounts and the proposed School programs, that resources needed to be adjusted ~n the Operating Fund which ~ncluded reductions of School Operating Fund allocations to the Textbook Fund and the Athletic Fund; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, ~n action of June 3, 1997, the School Board approved a hnal FY 1997-98 School Textbook Fund and School Athletic Fund as follows: Textbook Fund $ 5,575,755 Athletic Fund $ 1,213,687 WHEREAS, the Council had agreed that adjustments to the four major categories of the FY 1997-98 School Operating Fund would be considered after final action of the School Board and these adjustments relate to the adjustments ~n the School Operating Fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that FY 1997-98 appropriations to the School Textbook Fund and the School Athletic Fund be reduced as follows Textbook Fund $ (715,000) Athletic Fund $ (30,400) and that revenues from the FY 1997-98 School Operating Fund allocated to the Textbook Fund be reduced by $715,000 and that revenues from the FY 1997-98 School Operating Fund allocated to the Athletic Fund be reduced by $30,400. 26 Th~s ordinance shall be effective on the date of ~ts adoption. 27 28 Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a on the June , 1997. 29 Approved as to Content: 3] Wal'ter~ Kraemer,~rr APPROVED AS TO day of LEGAL SUFFICIENCY i i i i Aob98\school\budord AN ORDINANCE TO TRANSFER $677,021 BETWEEN THE FOUR MAJOR CATEGORIES WITHIN THE FY 1997-98 SCHOOL OPERATING FUND 6 7 8 9 I0 WHEREAS, the C~ty Counml, on May 13, 1997 approved a FY 1997-98 Operating Budget for Schools totaling $411,051,705, d~wded among the four major categories as follows- Instruction Administration, Attendance and Health Pup~l Transportation Operations and Maintenance TOTAL APPROPRIATION 339,68O,377 12,044,294 16,128,482 43,198,552 $ 411~051~705 11 12 13 14 I5 16 17 18 19 20 WHEREAS, the School Board found, ~n reviewing those hnal amounts and the proposed School programs, that resources needed to be adjusted between the four major categories to meet School program needs for FY 1997-98; WHEREAS, ~n action of June 3, 1997, the School Board approved a hnal FY 1997-98 School Operating Fund, d~wded among the four major categories as follows' Instruction Administration, Attendance and Health Pup~l Transportation Operations and Maintenance TOTAL APPROPRIATION 339,504,515 12,481,972 15,627,323 43,437,895 $ 411,051,705 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Counml had agreed that adjustments to the four major categories of the FY 1997-98 School Operating Fund would be considered after hnal action of the School Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds ~n the amount of $677,021 be transferred between the four major categories of the FY 1997-98 School Operating Fund as follows: Instruction Administration, Attendance and Health Pup~l Transportation Operations and Maintenance NET CHANGE IN TOTAL APPROPRIATION (175,862) 437,678 (501,159) 239,343 $ 0 32 33 34 Th~s ordinance shall be effective on the date of ~ts adoption Adopted by the Counml of the C~ty of V~rg~n~a Beach, V~rg~n~a on the~ June , 1997. 35 Approved as to Content: 37 ~-"~;ll~e~ 'C~--Kra e m e r,-~r. Aob98\school\budord 10 day of i I APPROVED AS TO LEGAL SUFFICIENCY Virginia Beach City Public Schools BUDGET RE OLUTION WH~;R~AS~ the mission of the Virginia Beach City Public Schools in partnership with our entire community, is to ensure that each student is empowered with the knowledge and skills necessary to meet the challenges of the future; and WHER]~AS~ the School Board has adopted a comprehensive strategic plan and school improvement priorities to guide budgetary decisions; and WH EREAS~ population growth and demographic changes in Virginia Beach have created additional demands for personnel, operating costs, classroom space, and equal classroom facilities; and WH i~;REAS~ the School Board has studied the recommended School Operating Budget ia view of state and federal requirements, additional demands for space and operations, the strategic plan, priorities, expectations, and the best educational interests of its students; now therefore, be it RESOLED: That the virginia Beach City Public School Board, on the 3rd day of ~une 1997, requests a categorical appropriation of $411,051,705 from the City Council of Virginia Beach for the 1997-98 School Operating Budget; as outlined by category: ln~truction Administration, Attendance, and Health Pupil Transportation Operations and Maintenance RF OLVED: That the Virginia Beach City School Board requests an appropriation of $45,785,498 for special grants, enterprise funds, and other specie revenue funds for the 1997- 98 fiscal year. $339,504,515 12,481,972 15,627,323 43,437,895 School Administration Building · 2512 George Mac, on Drive · P.O. Box 6038 · Virginia Beach, VA · 23456-0038 RESOLVED: That a copy of this resolution be spread across the official minutes of this Board. SEAL Presented June 3, 1997 o Robert F. I-Iagans, Jr., Attest: Dianne M. Page, Clerk of the Board CERTIFIED TO BE A TRUE AND CORRECT COPY Clerk, School Board of the7 - City of Virginia Beach VIRGINIA BEACH CITY PUBLIC SCHOOLS MEMORANDUM TO: Mr. E. Dean Block, Director Office of Management Services C~ty of Virginia Beach FROM: Dr. Donald A. Peccia, Associate Supenntendent Department of Budget, Finance and Technology SUBJECT: 1997-98 Grants and Other School Funds Budget Amounts DATE: May 28, 1997 Enclosed are the 1997-98 Grants and other School Funds budget amounts. As we d~scussed, these represent a slight change in the amounts approved by City Council on May 13, 1997 The School Board is scheduled to vote on these fund amounts on June 3, 1997. 1997-98 Grants and Other School Funds Budget Amounts School Board City D~fference Fund Approved Appropriat.~on ~n Amount Grants Fund Textbook Fund Food Services Fund Athletic Fund Reprographics Fund Total Appropriation $20,169,472.00 $20,169,472.00 -0- 5,575,755.00 6,290,755.00 ($715,000.00) 18,020,604.00 18,020,604.00 -0- 1,213,687.00 1,244,087.00 (30,400.00) 805,980.00 805,980.00 -Q- $45,785,498.00 $46,530,898.00 ($745,400.00) DAP/smc Enclosure - 25 - Item V-K. 4. ORDINANCES ITEM # 42251 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances re Sheriff's Department: ao APPROPRIATE $600, O00 from the State Compensation Board to the Sheriff's FY 1996-1997 Operating Budget to offset prisoner housing costs; and, estimated revenue from the State Compensation Board be increased accordingly. b. APPROPRIATE $253,760from the State Compensation Board to the Sheriff's FY 1997-1998 Operating Budget for salary and operating expenses for eight (8) Court Support Deputy Sheriff positions authorized by the Board for reimbursement to the City; and, estimated revenue from the Commonwealth be increased accordingly. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None June 10, 1997 1 2 3 4 5 AN ORDINANCE TO APPROPRIATE $600,000 IN ADDITIONAL PRISONER REIMBURSEMENT REVENUE FROM THE STATE COMPENSATION BOARD TO THE SHERIFF'S FY 1996-97 OPERATING BUDGET TO OFFSET PRISONER HOUSING COSTS WHEREAS, the Sheriff's Department ~s responsible for the health and safety of ~nmates housed ~n the V~rg~ma Beach Correctional Center, 8 9 10 WHEREAS, the Shenff's Department receives reimbursement revenue from the State Compensation Board for the housing of State responsible felons and offenders arrested on State warrants, and 11 12 WHEREAS, due to an ~ncreased State ~nmate populabon, the reimbursement for housing ~s h~gher than anticipated, 13 14 15 16 17 18 19 2O NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $600,000 ~n unanbclpated pnsoner reimbursement funds be appropriated to the Sheriff's Department's FY 1996-97 Operabng Budget for the purpose of offsetting prisoner housing costs associated w~th an ~ncreased State ~nmate populabon, and that esbmated revenue from the State Compensation Board be ~ncreased by the amount of the appropnabon Adopted by the Councd of the C~ty of V~rg~n~a Beach, V~rg~ma, on the June , 1997 Tenth of APPROVED AS TO CONTENT - ' "--- Walter C ~er Resources and Managemefft Services Adm~mstrator Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY AN ORDINANCE TO APPROPRIATE $253,760 IN THE SHERIFF'S DEPARTMENT'S FY 1997-98 OPERATING BUDGET FOR SALARY AND OPERATING EXPENSES FOR ADDITIONAL POSITIONS AUTHORIZED BY THE STATE COMPENSATION BOARD FOR REIMBURSEMENT TO THE CITY WHEREAS, the State Compensabon Board has authorized e~ght (8) add~bonal Court Support Deputy Sheriff pos~hons for the V~rg~ma Beach Correchonal Center to address ~ncreased needs ~n the Court Security and C~wl Process d~ws~ons, and 10 11 WHEREAS, of the total funding being requested for approval, $184,580 represents funding from the State for salaries and a port~on of fnnge benefits, and $69,180 represents funding from the C~ty for salary supplements, a porhon of fnnge benefits, and operating expenses, 12 13 14 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $253,760 be appropriated to the Sheriff's Department's FY 1997-98 Operabng Budget ~n the Shenff's Department Special Revenue Fund for the purpose of funding salary and operabng expenses for e~ght (8) Court Support Deputy Sheriff pos~t~ons authorized by the State Compensabon Board for reimbursement to the C~ty 17 18 19 BE IT FURTHER ORDAINED, that esbmated revenue from the Commonwealth be ~ncreased by $184,580, w~th the C~ty match to be prowded by the transfer of $69,180 from the General Fund Reserve for Contingencies 2O 21 Adopted by the Council of the C~ty of V~rg~ma Beach, V~rg~ma, on the June , 1997 Tenth of APPROVED AS TO CONTENT Walter C ~r Resource and Management Services Adm~mstrator Department of Management Services I II I APPROVED AS TO LEGAL SUFFICIENCY Court Security Deputy Sheriff Salary, Fringes & Related Supplies State Portion City Portion Totals Salary @ 20,430.00 ea FICA @ 1717.00 ea Retirement @ 2170.00 ea L~fe Insurance @ 143.00 ea Health Insurance @ 2040.00 ea Salary Supplement @ 2020.00 ea Police Supplies @ 1,200.00 ea Uniforms @ 1,600.00 ea Protective Apparel @ 400.00 ea 163,440.00 13,736.00 6,832.00 572.00 10,940.00 572.00 16,320.00 16,160 00 9,600.00 12,800.00 3,200.00 163,440.00 13,736.00 17,360.00 1,144 00 16,320.00 16,160.00 9,600 00 12,800 00 3,200.00 Totals 184,580.00 69,180.00 253,760.00 - 26- Item V-K. 5. ORDINANCES ITEM # 42252 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $81,314 Grant from the United States Department of Justice to the Virginia Beach Police Department's FY 1997-1998 Operating Budget re acquiring two software modules for the Incident Based Reporting System; and, estimated revenue from the Federal Government be increased accordingly. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay' None Council Members Absent: None June 10, 1997 AN ORDINANCE TO ACCEPT AND APPROPRIATE TO THE VIRGINIA BEACH POLICE DEPARTMENT AN $81,314 GRANT FROM THE U. S. DEPARTMENT OF JUSTICE TO FUND TECHNOLOGY IMPROVEMENTS RELATED TO THE INCIDENT BASED REPORTING SYSTEM WHEREAS, the Pohce Department has contracted w~th a vendor to develop software for the State-mandated Incident Based Reporting System, which wdl replace the current national Umform Crime Reporting procedures over the next several years, 9 10 11 WHEREAS, the U S Department of Justice, Office of Commumty Oriented Policing Services, has awarded an $81,314 grant to the Pohce Department to fund two software modules associated with the Incident Based Reporting System, and 12 13 WHEREAS, a required local grant match of 25% ~s avadable ~n the approved FY 1997-98 Operating Budget of the Police Department, 14 15 16 17 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $81,314 ~n grant funds be accepted from the U S Department of Justice and appropriated to the FY 1997-98 Operating Budget of the V~rg~ma Beach Pohce Department for the purpose of acqu~nng two software modules for the Police Department's Incident Based Reporting System, and that esbmated revenue from the federal government be ~ncreased by the amount of the grant award 20 21 22 Th~s ordinance shall be effecbve on the date of ~ts adoption Adopted by the Councd of the C~ty of V~rg~nla Beach, V~rg~n~a, on the ,Tune 1997 , lO of APPROVED AS TO CONTENT Walter C K~erfi~r Resource and Management Services Adm~mstrator Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY COPS MORE 96 AWARD U.S. DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SER VICES Grant#: 97CLWX0050 OR! #: VAI2800 Applicant Organization's Legal Name: Virginia Beach, City of Vendor 0:540722061 Authorized Official Name: City Manager James K. Spore Contact Name: Mr. Tom Mitchell Address: Municipal Center City, State and Zip Code: Virginia Beach, VA 324S6 Phone Number: (757)427-4141 Fax Number' (757)427-9 ! 63 Award start date: January 1,1997 Award end date: December 31,1997 Award Amount: $81,314.00 Civilian Personnel Award: $0.00 Equipment/Technology Award: $81,314.00 Number of Redeployed Officers: 3.4 Number of Redeployed Officers: 0 Number of Redeployed Officers: 3.4 ~e By sigmng this award, thc signatory official is agreeing to abide by thc Condmons of Grant Award found on the reverse s~de of this document Signature of Official w~th the authority to accept thss gnmt award Typed Name and Title of Official Date - 27- Item V-K. 6. ORDINANCES ITEM # 42253 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $20,000 Grant from the Commonwealth of Virginia's Chesapeake Bay Local `4ssistance Department and TRANSFER $25,600 matching funds from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of the Department of Planning re funding a full-time temporary Environmental Planner H position for Chesapeake Bay preservation work, and, estimated revenue from the Commonwealth be increased accordingly Voting: 11-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, IIL Wilham W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr. and Lomsa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: None June 10, 1997 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $20,000 FROM THE VIRGINIA CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT AND TO TRANSFER $25,600 AS MATCHING FUNDS FROM GENERAL FUND RESERVE FOR CONTINGENCIES - GRANT MATCHES TO THE FY 1997-98 OPERATING BUDGET OF THE DEPARTMENT OF PLANNING FOR THE PURPOSE OF FUNDING A FULL-TIME TEMPORARY ENVIRONMENTAL PLANNER II POSITION 8 9 10 11 12 WHEREAS, the Commonwealth of Virginia's Chesapeake Bay Local Assistance Department has provided a grant in the amount of $20,000 to support the continuation of a full time temporary Environmental Planner II position for one year's duration to carry out day to day oversight and educational work of the City of Virginia Beach Chesapeake Bay Preservation Area Program; 13 14 WHEREAS, this grant requires a cash match of $25,600 which is available in the FY 1997-1998 General Fund Reserve for Contingencies - Grant Matches; 15 16 WHEREAS, the work to be provided through these resources are considered vital to the continuing work in Chesapeake Bay preservation in Virginia Beach. 17 18 19 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a $20,000 grant be accepted from the Commonwealth of Virginia, and be appropriated to the FY 1997-98 Operating Budget of the Department of Planning for Chesapeake Bay preservation work, and that estimated Revenue from the Commonwealth be increased by $20,000; 22 23 24 BE IT FURTHER ORDAINED that $25,600 be transferred as the local match from the FY 1997-1998 General Fund Reserve for Contingencies - Grant Matches to the FY 1997- 98 Operating Budget of the Department of Planning; 25 26 27 BE IT FURTHER ORDAINED that a full time temporary Environmental Planner II position be continued in FY 1997-98 within the Department of Planning to carry out the work of this grant. 28 29 30 This ordinance shall be effective on July 1, 1997. Adopted the~ Beach, Virginia. SWJXCouncfl\CHSBAY98 ord 10 day of June , 1997, by the Council of the City of Virginia APPROVED AS TO CONTENT Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY (~corgc AIIcn (Jovernor Becky Norton Dunlop Secretary of Natural Rc,,ource,, APR I r; COMMONWEALTH o[ VZRC]/NI Ep RTMENT OF'PLANNING CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT 805 East Broad Street. State 701 Michael l) ('lower R~chmond. Vlrg~ma 23219 Lxecunvc l)~rcctor Fax (804) 225-3447 ~804~ 225-3440 1-800-243-7229 Votcc/Tl)D Friday, April 11, 1997 H. Clayton Bernick, III Administrator 164 Operations Bldg Mncpl Ctr Virginia Beach, VA 23450 Dear Mr. Bermck: The Chesapeake Bay Local Assistance Board has completed consideration of all requests for funding under the FY98 Chesapeake Bay Preservation Act Competitive Grants program. Following an extensive evaluation process, the Board announced the FY98 funding awards at its meeting on March 27, 1997. I am very happy to inform you that the proposal of VIRGINIA BEACH has been selected for funding. The specific project to be funded is: ENVIRONMENTAL EDUCATION, ENHANCED DEVELOPMENT REVIEW AND ENFORCEMENT, AND SEPTIC TANK PUMP-OUT $20,000.00 A contract detailing the terms of the grant award will be mailed to you within the next few weeks. If you should have any questions concerning the grant award or upcoming contract development process, please contract Margaret Anderson, Grants Administrator, or Matthew Bley, haison for VIRGINIA BEACH, at 1-800-243-7229. The Department looks forward to working closely w~th you in the months ahead. Again, congratulations on your award. Sincerely, Michael D. Clower MDC/mrna C.' Matthew Bley Margaret Anderson An Agencr of the Natural Re~ourte~ Sct retartat - 28 - Item V-K. Za. ORDINANCES ITEM # 42254 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment by COASTAL VIDEO COMMUNICATION CORPORA TION re 2" polyethylene conduit to house computer and phone lines to the Rosehall Professional Building (L YNNHA YEN B OR O UGH) : a. Into an existing 40' City drainage easement at 3133 Virginia Beach Boulevard. The following conditions shall be required: . That said 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 of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. 0 This temporary encroachment shall terminate upon notice by the City of Virginia Beach to the party of the second part and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's 40' drainage easement at 3133 Virginia Beach Boulevard by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. . , The party of the second part shall indemnify and bom harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. Nothing in the agreement shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified and to the limited extent specified, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. 5. The party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. The party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's drainage easement. The City of Virginia Beach, upon revocation of authority and permission granted, may remove any such encroachment and charge the cost thereof to the party of the second part and collect the cost in any manner provided by law for the collection of local or state taxes; or request the party of the second part to remove such encroachments and if such removal shall not be made within the time ordered, the City shall impose a penalty in the sum of One Hundred Dollars ($100) per day for each and every day that such encroachment is allowed to continue. June 10, 1997 - 29 - Item V-K. 7.a. ORDINANCES ITEM # 42254 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED as Coastal Video Communication Corporation does business with his bank, Central Fidelity June 10, 1997 - 30- Item V-K. Zb. ORDINANCES ITEM # 42255 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment by COASTAL VIDEO COMMUNICATION CORPORATION re 2" polyethylene conduit to house computer and phone lines to the Rosehall Professional Building (L YNNHA VEN BOROUGH) : b Into a portion of the City's right-of-way at Kings Grant Road and Francis Land Lane. The following conditions shall be required: o That said 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 of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. . This temporary encroachment shall terminate upon notice by the City of Virginia Beach to the party of the second part and that within thirty (30) days after such notice is given, such temporary encroachments shall be removed from the City's right-of-way at Kings Grant Road and Francis Land Lane by the party of the second part; and that the party of the second part shah bear all costs and expenses of such removal. . The party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case tt shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. , Nothing in the agreement shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than thJ't specified and to the limited extent specified, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. . The party of the second part must obtain a right-of-way permtt with proof of a general comprehensive form liability ($500, 000 minimum) from the Development Services Center prior to commencing any constructton with the City's rtght-of-way. 6. ,4 Permit Performance Bond or other form of surety approved by the Department of Planning must be posted in accordance with the engineers cost estimate. 7. The owner agrees to keep the City free and harmless from hability as a result of the encroachment. . The owner agrees to remove the encroachment within a reasonable amount of time as directed by the City and at no expense to the City. If in the event, the owner refuses or is unable to remove the encroachment, the owner understands the City will authorize the removal of the encroachment and all expenses will be charged to the owner to recover the cost of the encroachment removal. June 10, 1997 - 31 - Item V-K. 7.b. ORDINANCES ITEM # 42255 (Continued) 10. II. The party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. 9. No work may begin within the City right-of-way until all necessary traffic control plans have been approved by the Traffic Engineertng Bureau. The City of Virginia Beach, upon revocation of authority and permission granted, may remove any such encroachment and charge the cost thereof to the party of the second part and collect the cost in any manner provided by law for the collection of local or state taxes; or request the party of the second part to remove such encroachment and if such removal shall not be made within the time ordered, the City shall impose a penalty in the sum of One Hundred Dollars ($100) per day for each and every day that such encroachment is allowed to continue. Voting: 10-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, Ltnwood O. Branch, III, Wtlliam W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining' Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED as Coastal Video Communication Corporation does business with his bank, Central Fidelity. June 10, 1997 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Requested by Department of Publmc Works ~uN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO AN EXISTING 40 ' CITY D RAI NAGE EASEMENT AT 3133 VIRGINIA BEACH BOULEVARD AND INTO A PORTION OF THE CITY'S RIGHT-OF-WAY AT KINGS GRANT ROAD AND FRANCIS LAND LANE B~ COASTAL VIDEO COMMUNICATION CORPORATION, iTS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Coastal Vmdeo Communmcatmon Corporatmon, desmres to construct and mamntamn a 2" polyethylene condumt to house computer and phone lmnes mnto an exmsting 40' Cmty dramnage easement at 3133 Vmrgmnma Beach Boulevard and the Cmty's rmght-of- way located at Kmngs Grant Road and Francms Land Lane. WHEREAS, Cmty Councml Ks authormzed pursuant to ~§ 15.1- 316 and 15.1-893, Code of Vmrgmnma, 1950, as amended, to authormze temporary encroachments upon the Cmty's easements and rmghts of way subject to such terms and condmtmons as Councml may prescrmbe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authormty and to the extent thereof contamned mn ~ 1_5.1-316 and ]5.1-893, Code of Vmrgmnma, 1950, as amended Coastal Vmdeo Communlcatmon Corporation its, assmgns and successors mn title ms authormzed to construct and mamntamn temporary encroachments for a 2" polyethylene condumt ~n the 40' Cmty dramnage easement as shown on the map entmtled- "ENCROACHMENT APPLICATION PLAT - IN EASEMENT - COASTAL VIDEO COMMUNICATIONS CORP. SCALE 1"=25'," and in the Cmty's rmght-of-way as shown on the map entmtled: "ENCROACHMENT APPLICATION PLAT - IN RIGHT OF WAY COASTAL VIDEO COMMUNICATIONS CORP. SCALE 1"=25','' copmes of which are on fmle mn the Department of Public Works and to whmch reference ms 36 made for a more particular descrmptlon; and 37 BE IT FURTHER ORDAINED, that the temporary encroachments 38 39 are expressly subject to those terms, conditions and criteria contained in the two agreements between the C~ty of V~rg:~_n~a Beach 40 and Coastal V~deo Communication Corporation, (the "Agreements") 41 which are attached hereto and ~ncorporated by reference; and 42 BE IT FURTHER ORDAINED that the City Manager or his 43 authorized designee is hereby authorized to execute the Agreements. 44 BE IT FURTHER ORDAINED, that th~s Ordinance shall not be 45 ~n effect unto! such t~me as Paul V. Mlche!s, President for Coastal 46 V~deo Communication Corporation and the C~ty Manager or h~s 47 authorized designee execute the Agreements. 48 49 Adopted by the Councl! of the City of V~rg~n~a Beach, Virginia, on the 10 day of June , 1997. 5O 51 52 53 CA-# \BRITT\FRANCIS. ORD R-I PREPARED: 6/2/97 ;7~ROVED AS TO CONTENTS · DEPARTMENT ' APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY ICIS LAND TE ~48745-37~ PINEWOOD LOCATION i~AP t CA t4q7-k.5-1227 B t 1497-05-8270 A2 FRANCIS LAND HOUSE ; ; ! ; ; 1497-15-4127 C2 ---.. 30'U EASEHENT -.... ~ ~ ',. ",. \ \ \ \ \ '" ~ I \ \ \ -- ' FRANCIS LAND ~ "" 2~SEWER E~SE~' ~ ----'--- .--. J / .,,'/ ,..-' ..., '~ \ ,',' ~R~gP. CABLE / / / /...-' / / \ \ /t \ \ I \ \ I497-I4-3770 I t \ \ ,' :', LOCATION MAP FOR PROPOS[D FNCROACHMENIBY ', ', ', COASTAL VIDEO \ / PREPARED BY P/W ENO. DRAFT. 5/14/97 (FRAN,DON) EXHIBIT "A'~ · EXHIBIT "A" - / THIS AGREEMENT, made this ~.~ day of .. . ~! , 19 .~/y, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and COASTAL VIDEO COMMUNICATION CORPORATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. W I TNES SETH' That, WHEREAS, it is proposed by the party of the second part to construct and maintain a 2" polyethylene conduit which will house computer and phone lines from Coastal's Computer Department to the Rosehall Professional Building in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such conduit, it is necessary that the said party of the second part encroach into a portion of an existing City 40' drainage easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such conduit within a portion of the City's drainage easement (see plat attached marked Exhibit "A".) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's drainage easement for the purpose of constructing and maintaining such encroachment. It is expressly understood and agreed that such 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 of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's drainage easement as shown on that certain plat entitled: "ENCROACHMENT APPLICATION PLAT - IN EASEMENT-BY COASTAL VIDEO COMMUNICATION CORP., SCALE 1"=25'" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's drainage easement by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, 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 such 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 party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's easement. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Coastal Video Communication Corporation, a Virginia corporation , has caused this Agreement to be executed in its corporate name and on its behalf by its President, PAUL V. MICHELS, with due authority by its Board of Directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST ' By City Manager/Authorized Designee of the City Manager City Clerk I "' · APPROVED; S TO LEGAL SU, l-i~,~,:C ;' COASTAL VIDEO COMMUNICATION CORPORAT ION · PAUL V. MICHEL~ President \ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires' Notary Public ,.',A~PROVED A~S TO Ck.,,,,,,.., .. h, ,' ."- . ' ,",".'", DEPARTMENT' THIS AGREEMENT, made this ~ day of L? , 19 //~, by and between the CITY OF VIRGINIA BEACH, V INIA, a municipal corporation, GRANTOR, party of the first part, and COASTAL VIDEO COMMUNICATION CORPORATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a 2" polyethylene conduit which will house computer and phone lines from Coastal's Computer Department to the Rosehall Professional Building in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such conduit, it is necessary that the said party of the second part encroach into a portmon of an existing City right-of-way known as Kings Grant Road and Francis Land Lane and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such conduit within a portion of the City's right-of-way known as Kings Grant Road and Francis Land Lane (see plat attached marked Exhibit "A".) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way for the purpose of constructing and maintaining such encroachment. It is expressly understood and agreed that such 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 of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right- of-way as shown on that certain plat entitled: "ENCROACHMENT APPLICATION PLAT - IN RIGHT-OF-WAY BY COASTAL VIDEO COMMUNICATION CORP., SCALE 1"=25''' a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, 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 such 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 party of the second part. It is further expressly understood and agreed that the party of the second part must obtain a right-of-way permit with proof of a general comprehensive form liability ($500,000 minimum) from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that a Permit Performance Bond or other form of surety approved by the Department of Planning must be posted in accordance with the engineers cost estimate. It is further expressly understood and agreed that the owner agrees to keep the City free and harmless from liability as a result of the encroachment. It is further expressly understood and agreed that the owner agrees to remove the encroachment within a reasonable amount of time as directed by the City and at no expense to the City. If, in the event, the owner refuses or is unable to remove the encroachment , the owner understands the City will authorize the removal of the encroachment and all expenses will be charged to the owner to recover the cost of the encroachment removal. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that no work may begin within the City right-of-way until all necessary traffic control plans have been approved by the Traffic Engineering Bureau. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Coastal Video Communication Corporation, a Virginia corporation , has caused this Agreement to be executed in its corporate name and on its behalf by its President, PAUL V. MICHELS, with due authority by its Board of Directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk APPROVED AS TO LEGAL SUFFICIENCY COASTAL VIDEO COMMUNICATION CORPORATION PAUL V. MIC~ELS President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. 19 GIVEN under my hand this day of , My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~.. I, .\~.\~ ~r' J , a Notary Public in and for the City and State aforesaid, do hereby certify that Paul V. Michels, President of Coastal Video Communication Corporation, whose name is signed to the foregoing writing, bearing date the !~%~ day of %~k~ , 19~-~, has acknowledged the same before me in my City and State aforesaid. Given hand this ~% % day of under my k Notary PubliC~ My Commission Expires:~,~.~h/ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~\~.~¥1C~c~.~ . _,.~ ~ , a Notary Public in and for the City and State aforesaid, do hereby certify that Paul V. Michels, President of Coastal Video Communication Corporation, whose name is signed to the foregoing writing, bearing date the .~_q%% day of %~k" , 19q~, has acknowledged the same before me in my City and State aforesaid. Given under my hand this ~%~ day of Notary Public My Commission Expires: - 32 - Item V-K. 8. ORDINANCES ITEM # 42256 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ,4 UTHORIZED RENEWAL: Applications for Annual private, municipal and non-profit organizations' Permits to operate emergency medical service agencies or vehicles within the City, pursuant to Section 10.5-2 of the City Code: 1. Ambstar, Inc. 2. Advanced Wheelchair Transport, Inc. 3. American Medical Response, Inc. 4. Chesapeake Fire Department 5. Chesbay Medical Transport 6. Children's Hospital of the Kings Daughters 7. Eastern Medical Transport 8. Medical Transport, Inc. 9 Nightingale Air Ambulance 10. Norfolk Fire and Paramedical Services 11. Ulttmate Care Adult Center, Inc. Sting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vics Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 - 33 - Item IV-K. PUBLIC HEARING ITEM # 42257 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. ALLSAFE SELF STORAGE, L.L.C. STREET CLOSURE 2. WILLIAM CAIRNS AND DONALD MONOSAN VARIANCE 3. FIRST L YNNHA VEN BAPTIST CHURCH CONDITIONAL USE PERMIT 4. FIRST FILIPINO BAPTIST CHURCH TR US TEES CONDITIONAL USE PERMIT 5. LES MODLIN, DRCW RACEWAY CONDITIONAL USE PERMIT 6. JAMIE AND JOSEPH NICOLA TO CONDITIONAL USE PERMIT June 10, 1997 - 34 - Item V-L. PUBLIC HEARING ITEM # 42258 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Items 1, 2, 5 and 6 of the PLANNING BY CONSENT. Item V-L 1. was ALLOWED AN ADDITIONAL 180-DAY DEFERRAL BY CONSENT Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr, Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. * and Louisa M. Strayhorn Council Members Voting Nay' None Council Members Absent: None *Vice Mayor Sessoms ABSTAINED on Item L. 1. (ALLSAFE SELF STORA GE, L.L. C.), as his bank does business with this firm. June 1 O, 1997 - 35 - Item V-L. 1 PUBLIC HEARING ITEM # 42259 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED ADDITIONAL 180 DAYS DEFERRAL UNTIL DECEMBER 16, 1997, an Ordinance in the Petition of ALLSAFE SELF STORAGE, L.L.C. for the discontinuance, closure and abandonment of a portion of South Kentucky Avenue. Application of Allsafe Self Storage, L.L. C., for the discontinuance, closure and abandonment of a portion of South Kentucky Avenue beginning at the eastern boundary of South Kentucky Avenue and running in an easterly direction a distance of 44.18 feet. Said parcel contains 1,324. 95 square feet. KEMSPVILLE BOROUGH. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood 0 Branch, IlL William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Louisa K. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Wilham D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED as his bank does business with this firm. June 10, 1997 - 36- Item V-L.2 PUBLIC HEARING ITEM # 42260 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the application of WILLIAM CAIRNS and DONALD MONOSAN for a Variance to the minimum lot width requirement for a mobile home in the Agricultural Districts Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for William Cairns and DonaM Monosan. Property is located at 3022 New Bridge Road. PRINCESS ANNE BOROUGH. The following conditions shall be required: o . ° The mobile home must be installed on a permanent foundation and meet other Building Code requtrements. Ingress-egress easements shall be provided to serve the adjacent property to the south, as well as Lot A. Current flood hazard boundartes shall be indicated on the final plat. ~ting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, IH, William W Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 -37- Item V-L.$ PUBLIC HEARING ITEM # 42261 PLANNING Robert S. Miller, P.E., 5033 Rouse Drive, Phone: 490-9264, represented the applicant Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of FIRSTL YNNHA VENBAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICANT OF FIRST L YNNHA VEN BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R06972117 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of First Lynnhaven Baptist Church for a Conditional Use Permit for a church on certain property located northwest of the intersection of Princess Anne Road and Courthouse Loop. Said parcel is located at 2641 Princess Anne Road and contains 19. 682 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: . A revised siteplan dated May 29, 1997, which includes, among other things, a representation of the landscaping to be placed on-site, subject to all City Codes and a rendering undated and entitled, "First Baptist Lynnhaven Sanctuary and Education Complex". . Temporary right and left turn lanes for Princess Anne Road, not identified on the submttted plans, will be required to serve the temporary access to the site. The location of the temporary turn lanes will be determined at final site plan review. The required turn lanes will provide a joint temporary access to the subject site as well as the Agapee International Church site situated to the northeast. . There will be one temporary access to the site from Princess Anne Road. Once an alternative access is established, this temporary access shall be removed. . A stormwater management plan as well as a detailed landscaped plan, which meets all requirements of the City Zoning Ordinance, will be required during detailed site plan review process. This Ordinance shall be effecttve in accordance with Section 107 Or) of the Zomng Ordinance. Adopted by the Council of the City of Virginia Beach, Vtrginia, on the Tenth of June Ntneteen Hundred and Ninety-Seven. June 10, 1997 - 38 - Item V-L.$ PUBLIC HEARING ITEM # 42261 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~,lbsent : None June I0, 1997 - 39- Item ~-L. 4. PUBLIC HEARING ITEM # 42262 PLANNING Roger Pope, represented the applicant Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of FIRST FILIPINO BAPTIST CHURCH TRUSTEES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FIRST FILIPINO BAPTIST CHURCH TRUSTEES FOR A COND1TIONJL USE PERMIT FOR A CHURCH EXPANSION (PARKING) R06972118 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of First Fihpino Baptist Church Trustees for a Conditional Use Permit for a church expansion (parking) on the south side of Holland Road, west of Monet Drive. Said parcel is located at 2969 Holland Road and contains 2.215 acres. PRINCESS ANNE BOROUGH. The following conditions shah be required. . . . Maxtmum capacity shall not exceed 225, as indicated on the site plan approved November 1, 1995. The submitted site plan shah be adjusted to clearly indicate the total number of approved seats (fixed or unfixed, existing or future) as well as the total number of approvedparking spaces. With the exception of the previously approved sanctuary and parking area, and the additional parking included in this request, no further expansion or development sh~tll occur on the remaining undisturbed area of this lot, and the site plan shall be noted accordingly. The Best Management Practices facility shall be expanded as necessary to accommodate all approved development as tt is constructed. All site plans shall be subject to approval. Landscaptng of the parking lot shall meet or exceed minimum parking lot interior coverage requtrements. This Ordinance shah be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of June Nineteen Hundred and Ninety-Seven. June 10, 1997 - 40- Item V-L. 4. PUBLIC HEARING ITEM # 42262 (Continued) PLANNING Voting: 11-0 Counctl Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 - 41 - Item V-L. 5. PUBLIC HEARING ITEM # 42263 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of LES MODLIN, DRCW RACEWAYfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LES MODLIN, DRCW RACEWAY FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE R06972119 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Les Modlin, DRCW Raceway, for a Conditional Use Permit for a recreational facility of an outdoor nature on certain property located and on the north side of Norfolk & Southern Railroad R/W, 528.82 feet east of South Great Neck Road. Said parcel contains 10, 890 square feet. L YNNI-L4 VEN BOROUGH. The following conditions shah be required: 1. Hours of operation shah be limited to daylight hours, seven days a week. No more than eight people and eight vehicles shah be present during weekdays, and no more than 40 people and 30 vehicles shall be present during weekends. 3. Parking shall be confined to the paved parking area at aH times . The applicant shah ensure that permanent bathroom facilities are available to club members at any time that the track is in use. 5. Healthy grass cover shah be maintained in the area surrounding the track. This Ordinance shah be effective tn accordance with Section 107 O~of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virgtnta, on the Tenth of June Ntneteen Hundred and NtnetF-Seven. Voting: I 1-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William IV. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wdliam D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 - 44 - Item V-M.2. APPOINTMENTS ITEM # 42266 BY CONSENSUS, City Councd RESCHEDULED the following APPOINTMENTS: SOCIAL SER VICES BOARD June 10, 1997 - 45 - Item F-N. 1. UNFINISHED BUSINESS ITEM # 42267 Mayor Oberndorf RECOGNIZED : CHRIS TIE AMBER, MAN VOL UNTEER INTERN OFFICE OF THE MA YOR Mayor Oberndorf advised Marry Russo, Chairman - Volunteer Council, is the leading Volunteer in the City and always anxious to have City Council and City Departments benefit from the expertise of her interns. Christie has finished her first year at the Untversity of Virginia and is majoring in government and foreign affairs. Christie is .fluent in Spanish and French. Her goal is to become an attorney. June 10, 1997 - 46- Item V-N. 1. NE W BUSlNESS ITEM # 42268 Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council AGREED TO ADD TO THE AGENDA: Resolution in support of the "Partners In Prevention" Initiative to reduce out-of-wedlock births locally. Voting: 11-0 Council Members Voting Aye: John ~4. Baum, Linwood O. Branch, III, William W Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wtlliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Vottng Nay: None Council Members ~4bsent: None June 10, 1997 -47- Item V-N.2. NE W BUSINESS ITEM # 42269 Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED: Resolution in support of the "Partners In Prevention" Initiative to reduce out-of-wedlock births locally. Voting: 11-0 Councd Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, HaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 1 Requested By Councilmember Louisa M. Strayhorn A RESOLUTION IN SUPPORT OF THE COMMONWEALTH OF VIRGINIA'S "PARTNERS IN PREVENTION" INITIATIVE WHEREAS, the federal government has allocated 100 million 8 dollars in each of federal fiscal years 1999 through 2002 to be 9 divided among the five states that have experienced the greatest 10 reduction in out-of-wedlock births in the previous two years 11 without an increase in the abortion rate; 12 WHEREAS, the Commonwealth of Virginia is the first state 13 in the nation to announce its candidacy for one of these federal 14 awards by providing incentives to local governments, service 15 agencies, religious institutions, nonprofit organizations and 16 citizens to develop local solutions to the out-of-wedlock birth 17 problem; 18 WHEREAS, the Commonwealth of Virginia will provide 19 technical and other forms of startup assistance to any Virginia 20 locality that officially partners with the state in competition for 21 the federal award, and proposes to distribute any federal award it 22 receives directly to its Partners in Prevention; 23 WHEREAS, a locality becomes a Partner in Prevention by 24 adopting a formal resolution of participation in the initiative to 25 reduce out-of-wedlock births locally; and 26 WHEREAS, the City of Virginma Beach wishes to join other 27 localities in the Commonwealth in this important community 28 objective. 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 That City Council hereby authorizes the City of Virginia 32 Beach to become a Partner in Prevention with the Commonwealth of 33 Virginia. 34 Adopted by the Council of the City of Virginia 35 Beach, Virginia, on the 10 day of June , 1997. 36 37 38 39 CA-6684 RES [NONCODE \ PREVENT. RES R-1 PREPARED: 6/10/97 - 48 - Item V-N.$. NE W BUSINESS ITEM # 42270 City Council: RECORDED BY CONSENSUS the ~4bstract of Legal cases resolved- May 1997. June 10, 1997 - 49- RE CESS INTO EXECUTIVE SESSION ITEM # 42271 Mayor Meyera E. Oberndo~ entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (~4) (1). To Wit: Performance Evaluation: City Council Appointees' Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION (2:50 P.M.). Voting' 11-0 Council Members Voting Aye: John ~4. Baum, Linwood O. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wdham D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent: None June 10, 1997 - 50 - ITEM # 42272 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 10, 1997, at 3:25 P.M. Council Members Present: John .4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndor~, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members .4bsent: None June 10, 1997 - 51 - Item V-O. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42273 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE MTH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 * Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, l~eba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None *Verbal Vote June 10, 1997 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 42271 Page No. 50 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 Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted fi.om Open Meeting requirements by Virginia law were discussed i~ Executive Session to which this certification resolution applies; and, (b) 0nly such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. l~tfth Hodges ~;mith, CMC/AAE City Clerk June 10, 1997 - 52 - Item V-P. ADJOURNMENT ITEM # 42274 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:27 P.M. Beverly 0 Hooks, CMC/AAE Chief Deputy Ctty Clerk ~ CMC/AAE City Clerk Meyera E. Ob'brndorf Mayor City of Virginia Beach Virginia June 10, 1997 City of Virginia Reach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAiOR WILLIAM D SESSOMS, JR At-Large JOHN A BAUM, Blackwatev Borough LINVv'OOD 0 BRANCH III V~rgm~a Beach /]arough %VILLIAM %V HARRISON, JR Lynnhaven Borough HAROLD HEISCHOBER, At Large BARBARA M HENLEY Pango Borough LOUIS R JONES, Bays~de Borough REBA S McCLANAN Pnncess Anne Borough NANCY K PARKER At Large LOUISA M STRAYHORN, Ke,npstnlle Borough JAMES K SPORE, C*ty Manager LESLIE L LILLEY C~ty Attorney RUTH HODGES SMITH CMC / AAE, C~ty Clerk CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 (757) 427 4303 JUNE 10, 1997 I. BRIEFINGS - Conference Room - 10:30 AM ae S · C · METROPOLITA~N AREA PROJECTS STRATEGIES (MAPS) Rick Horrow, Horrow Sports Ventures FALSE CAPE LODGE Roger Newill, RAAC Committee Member BAYLAKE ROAD/SHORE DRIVE IMPROVEMENTS Benny Gilbert, P.E., Engineering Administrator Frank Hickman, P.E., Civil Engineer II II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend William A. Campbell Aragona Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS June 3, 1997 G. AGENDA FOR FORMAL SESSION He CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I · PRESENTATION I · DRIVE SMART - "Battle of the Belts" Donald A. Peccia, Ed.D Assoc. Superintendent, Schools, Budget/Finance/Technology Lynn G. Sachs, Benefits Coordinator Jo RESOLUTION I · Resolution re issuance by the Virginia Beach Development Authority of revenue bonds not to exceed $18,000,000 for Our Lady of Perpetual Help Health Center, Inc. re acquisition, construction and equipping a residence-care facility for the aged. Ko ORDINANCES I · Ordinance to AMEND Sections 31-1, 31-26, 31-27 and 31-28 of the City Code re recycling and automated refuse receptacles servicing townhouse subdivisions. · Ordinance to authorize the City Manager to execute an agreement with the Virginia Beach Schooi Board re consolidation of the City Print Shop and the School Reprographics Shop. 3. Ordinances re Schools: a · Ordinance to REDUCE appropriations in the FY 1997-1998 School Textbook Fund by $715,000 and in the School Athletic Fund by $30,400. b · Ordinance to TRANSFER $677,021 between the four major catgegories of the FY 1997-1998 School Operating Fund as follows: Instruction Administration, Attendance & Health Pupil Transportation Operations & Maintenance NET CHANGE IN TOTAL APPROPRIATION $ (175,862) 437,678 (501,159) 239,343 $ 0 4. Ordinances re Sheriff's Department: a · APPROPRIATE $600,000 from the State Compensation Board to the Sheriff's FY 1996-1997 Operating Budget to offset prisoner housing costs; and, estimated revenue from the State Compensation Board be increased accordingly. , · · · b · APPROPRIATE $253,760 from the State Compensation Board to the Sheriff's FY 1997-1998 Operating Budget for salary and operating expenses for eight (8) Court Support Deputy Sheriff positions authorized by the Board for reimbursement to the City; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to ACCEPT and APPROPRIATE a $81,314 Grant from the United States Department of Justice to the Virginia Beach Police Department's FY 1997-1998 Operating Budget re acquiring two software modules for the Incident Based Reporting Systemt and, estimated revenue from the Pederal Government be increased accordingly. Ordinance to ACCEPT and APPROPRIATE a $20,000 Grant from the Commonwealth of Virginia's Chesapeake Bay Local Assistance Department and TRANSFER $25,600 matching funds from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of the Department of Planning re funding a full-time temporary Environmental Planner II position for Chesapeake Bay preservation work; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to authorize temporary encroachments by COASTAL VIDEO COMMUNICATION CORPORATION re 2" polyethylene conduit to house computer and phone lines to the Rosehall Professional Building (LYNNHAVEN BOROUGH): a · Into an existing 40' City drainage easement at 3133 Virginia Beach Boulevard. b · Into a portion of the City's right-of-way at Kings Grant Road and Francis Land Lane. Applications for Annual private, municipal and non-profit organizations Permits to operate emergency medical service agencies or vehicles within the City, pursuant to Section 10.5-2 of the City Code: a , g. h. i. k. Ambstar, Inc. Advanced Wheelchair Transport, Inc. American Medical Response, Inc. Chesapeake Fire Department Chesbay Medical Transport Children's Hospital of the Kings Daughters Eastern Medical Transport Medical Transport, Inc. Nightingale Air Ambulance Norfolk Fire and Paramedical Services Ultimate Care Adult Center, Inc. L. PUBLIC HEARING - PLANNING 2..30 PM PLANNING BY CONSENT - To be determined during the ~4genda Review Session. i . Ordinance in the petition of ALLSAFE SELF STORAGE, L.L.C., for the discontinuance, closure and abandonment of a portion of South Kentucky Avenue beginning at the Eastern boundary of South Kentucky Avenue and running in an easterly direction for 44.18 feet, containing 1,324.95 square feet (KEMPSVILLE BOROUGH). Approved for Compliance: December 3, 1996 Recommendation: ADDITIONAL 180 DAY DEFERRAL · · · · , Application of WILLIAM CAIRNS and DONALD MONOSAN for a Variance to the minimum lot width requirement for a mobile home in the Agricultural Districts at 3022 New Bridge Road, containing 16.683 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Appl icat ion of FIRST L~VEN BAPTIST CHURCH for a Conditional Use Permit for a church Northwest of the intersection of Princess Anne Road and Courthouse Loop (2641 Princess Anne Road), containing 19.682 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of FIRST FILIPINO BAPTIST CHURCH TRUSTEES for a Conditional Use Permit for a church expansion (parkinq) on the South side of Holland Road, West of Monet Drive (2969 Holland Road), containing 2.215 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of LES MODLIN, DRCW RACEWAY for a Conditional Use Permit for a recreational facility of an outdoor nature (Racetrack for non-profit radio-operated model cars) on the North side of Norfolk and Southern Railroad right-of-way, 528.82 feet East of South Great Neck Road, containing 10,890 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of JAMIE and JOSEPH NICOLATO for a Conditional Use Permit for boardinq horses and a traininq facility on the South side of Gum Bridge Road, 1445 feet West of Muddy Creek Road (1501 Gum Bridge Road), containing 19.48 acres (PUNGO BOROUGH). Recommendation: APPROVAL M· APPOINTMENTS ADVERTISING ADVISORY BOARD SOCIAL SERVICES BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS 1. Abstract of Legal cases resolved - May 1997 P. 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) * * * * * * * * * 06/06/97BAP AGENDA\06-10-97.PLN www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 1 O, 1997 Mayor Meyera E. Oberndorf called to order the BRIEFINGS in the Counctl Conference Room, City Hall Building, on Tuesday, June 10, 1997, at 10:30 ~4.M. Council Members Present: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., tlaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker Council Members ~4 bs ent : Vice Mayor William D. Sessoms, Jr [ENTERED' I O. 38 A M.] Louisa M. Strayhorn [ENTERED: 10:40,4.M] -2- CITY COUNCIL BRIEFINGS ME TR OPOLI T,4N ,4RE,4 PROJECTS STRATEGIES (M,4 PS) 10:30 ,4.M. ITEM # 42225 Mayor Oberndorf introduced Barry E. DuVal, who retired as being the Mayor of Newport News and, in the interim, has agreed to be the Chief Operating Officer of the Hampton Roads Partnership Mr DuVal introduced the concept which the Hampton Roads Partnership has agreed to explore, as the Partnership focuses on its goal to assist all ten cities and ten counties in the Hampton Roads Area be more competttive in the global economy. Strategic issues are focused upon which will assist the area as a "region" to be more competitive Oklahoma City and the Tampa area were involved in a Metropolitan ,4rea Project Strategy (M,4PS). The areas worked directly with Rick Horrow, Horrow Sports Ventures, who facilitated the projects. The Hampton Roads Partnership agreed to engage Mr. Horrow for a one-year period to explore if M,4PS might work for this Region. Mr. Horrow has a Harvard Law Degree and is a part-time teacher in this University. He represents the National Football League as a fulltime Consultant and is a major infrastructure facilities development Consultant throughout the country. Mr. Horrow is a resident of MiamL Florida. Mr. Horrow advised, from his prospective, the projects are a "blank slate", however, the process itself is not. The time is right regionally to develop comprehensive, public private partnership processes that are positive and successfully approved by the constituents in a local region. There have been 45 facilities of public infrastructure developed during the last decade and 40 more of those are being planned through the end of this decade. Since November of 1995, there have been eleven public referenda across the country on various infrastructure projects tendered to the voters. Ten have been adopted. The only one that did not pass, was a Referendum in Columbus, Ohio, whtch involved only sports Mr Horrow has been able to develop Convention Center expansions in South Flortda, Performtng Arts Facihties in Charlotte, North Carolina, Desert Sky Amphitheater tn Phoenix, Arizona, and worked with various sport entities as the National Football League in Referenda and facility development in Cleveland, Cincinnati, Detroit, Nashville, and most recently San Francisco. Certainly the climate is right to establish these packages Mr Horrow explained the process in Oklahoma City. There was a small group of individuals committed to examining various infrastructure projects Oklahoma City was the most proh. fically over-studied community Three were studies which displayed the needs for convention centers, performing arts centers and transportatton infrastructure, et cetera After a Steering Committee was created, Mr. Horrow was retained in November 1992 After approximately 150 to 300 meetings with various support groups - restaurant associations, hotel associations, business development groups, their visioning groups, all regional communtties- a series of criterta and then a series of projects were examined. The campaign was kicked off 8 months after that initial fact finding process in a four-month campaign with the theme: "Compete or Retreat". The result was a December 14, 1993, Referendum including the successful passage of the following nine (9) facilities: Metropolitan Library, High Tech Learning and Job Training facihty, worm class Fair Grounds Center, Ctvic Ce, ter- Music Hall expansion, Convention Hall facility, recreational Riverfront development, retail canal into the downtown core, Community Arena, Triple ~4 Minor League Ball Park and Transportatton Link. This was known as the largest Public Service Development Referendum, which had passed heretofore in the United States - the Oklahoma City Maps Project. The result is a Billion new dollars pumped into the economy, creation of 4500 new jobs on a regional basis and the protection of 1600 jobs, which were tdentified as being at-risk. This success story paved the way for other interesting models Htllsboro Cou,ty in Tampa, Florida, driven by the need for a new stadtum for the Tampa Bay Buccaneers, examined a public infrastructure process, ended up funding a new stadium for the team, but only I 1% of the total funds approved in a Referendum last September were dedicated to sports The other 89% was for public safety, infrastructure and education. 28 communities in Hillsboro County, Flortda, came together in a funded infrastructure package. Last Tuesday in San Francisco, there was a successful Referendum for a retail complex in a new facility. From a regional prospective, Mr Horrow believes the Hampton Roads region has a major step ahead and a bigger advantage over many of these communities at similar points in the inception of their process The Mission Statement of the Hampton Roads Partnership is very clear that the kinds of projects to be recommended would be the la'nds of projects that would enhance Hampton Roads competitiveness in the global economy. June 10, 1997 -3- CITY COUNCIL BRIEFINGS METROPOLITAN AREA PROJECTS STRATEGIES (MAPS) ITEM # 42225 (Continued) Mr. Horrow cited the four budding blocks for Economic Development of Plan 2007. o ,411ow residents to be globally competitive and ready to engage tn lifelong learning to achieve their full potential as contributtng cttizens. , Provide infrastructure to support economic development, maximize the effect of taxpayer investment and maintain the regions' quality of life. . The creation and enhancement of quality of life by creating a multitude of choices in culture, recreation, art, entertainment, health care and housing. , Enhance public-private partnership that will foster the creation, recruitment, expansion and retention of productive members of the region's primary industry clusters. All of those general goals and building blocks for economic growth, as outlined in the Plan 2007 work in progress, can mirror or speak relative the different types of facilities and infrastructure mentioned as part of the MAPS programs. When the publication, is examined relattve estabhshtng projects on a regional basis, there are four guiding prtncipals. 1. Any projects which would enhance Hampton Road's region competitiveness position in the global economy. 2 Maximitingprlvate investment in apublic-privatepartnership. o Some sense that, but for this regional initiative, these major projects would be difficult, if not impossible, to accomplish. Each individual project and the entire amalgamaiion of projects has to be presented in a "win-win" situation. Mr. Horrow advised, relative the process, the Steering Committee will attempt to meet with many key businesses and civic groups irt each muntcipality by the end of the Summer and beginning of the Fall. Similarly, the Committee would like to meet with each of the City Council Members, Boards of Supervisors and local governments by this time, as well. Sometime early Fall, the Steering Committee would like to work with the local political entities to formalize the process and criteria for soliciting the projects and ultimately select these projects, drier this step, the Committee wtH request projects and sometime next Summer a recommended list of a series of projects should be ready for reflection on negatives and positives, capital costs, operation and maintenance, major repair issues, private sector dollars, infrastructure issues and an overall feeling of the economic impact of the projects, as well as an inventory of the funding mechanisms and options available. Phase H would then be examined which would mean going to the State Legislature as a regional entity to determine ifa Referendum would be allowed. Each successful Referenda throughout the country has received dtate authorization to proceed. Mr. Horrow advised sports will not dominate this proposed package. The Oklahoma experience resulted in a I cent increase in the sales tax, but legislatively guaranteed to sunset after jive years. Therefore, this sales tax which began in January I, 1994, will be removed in one year and 'half. This Oklahoma experience was a pay-as-you-go technique. They raised approximately $260-MILLION over a five-year period supplemented with appropriate private investments. June 10, 1997 -4- CITY COUNCIL BRIEFING METROPOLITAN AREA PROJECTS STRATEGIES (MAPS) ITEM # 42225 (Continued) Almost all of the jurisdictions, with which Mr Harrow has worked, have some form of revenue sharing. Ygltether or not formally recognized, all of the jurisdictions believe in agreements and sharing services. Mr. Dui~al advised this is being explored as one option along with the many other initiatives, which are believed to be critical for the region's future. From a Partnership prospective, this may very well be a tool at the end of twelve months that all agree shouM be utilized, or at the same time, it may be a consensus cannot be reached, and the Partnership cannot move forward with Phase II. Mr Du I/al introduced Bob Sharak, Director of Special Projects - Hampton Roads Partnership, who will be coordinating thts M.4PS effort for the Partnership during the next twelve months. June 10, 1997 -5- CITY COUNCIL BRIEFING FALSE CAPE LODGE 11:40 A.M. ITEM # 42226 Mr. Roger Newill, represented the Resort Area Advisory Commission, introduced supporters of the False Cape Lodge program: Doug Wilkins, resident of Sandbridge and owner of the property; and, Jim Pendergast, Virginia Beach Visions. RAg C has struggled with ideas concerning improvement of Virginia Beach's tourism and quality of life for residents. If a hotel of tremendously better quality than available in the Resort Area to be constructed, a place must be found for its location. The Back Bay Wildlife Refuge, under a new manager, restructured its access agreements through the Refuge and is now going to permit, not a lot of people, but more than permitted in the past to go through False Cape State Park. False Cape State Park is now investigating a way to have four visitor centers for environmental education on the Bay side. The Park envisioned them, in their report, as places where forty (40) individuals could reside, spend four days and learn about the barrier island ecology. However, the Park has no funds or staff-- only permission for this proposed plan. The Sandbridge Civic League is aware, as sewer is about to arrive within the next two years, the land zoned B-4 could be utilized. The league was concerned relative this zoning possibility and the traffic generated. Mr. Newill displayed the drawing of the six miles of False Cape Park. The idea is to find a way to have a top world-class hotel in conjunction with the two park lands. The proposal is to negotiate with Doug 14rilkins relative his property. The Biltmore in Santa Barbara, California, is one of the RAAC models for the proposed Lodge. The Biltmore's room rates are approximately $300 a night. Another model is The Cloisters in South Carolina, and Kiowa Island, which is adjacent to vast amounts of wilderness The project involves the construction of an approximately $15-MILLION lodging facility on Sandbridge Beach and several environmental education centers in False Cape State Park at a cost of $3-MILLION. The first year municipal tax revenues from real estate, personal property, utilities, sales, restaurant and hotel taxes are estimated (by the ConsultanO to be in excess of $1-MILLlON per year The project would increase the public beachfront by 600 feet It is estimated that the Sandbridge Sewer ProJect will be decreased by $300- to $500,000 by reducing the number of proposed residents at the south end. The financial investment requested of the City is for employment of a consulting firm, Cayuga Hospitality Advisors, to study the feasibility of the project. Donald Maxwell, Director of Economic Development, advised Cayuga Hospitality Advisors esttmates the cost to be $75,000 which includes: $40,000 ~ 2,50o 32,000 575,000 Consultant Fees Consulting Expenses Request for proposal submissions The $42,500 would essentially be expended by early October. At that point, the staff would evaluate feasible interest in the project and then select three or four finalists utilizing the remaining $32,000 to prepare the RFPs. Those RFPs would be reviewed in February. The funds tied up by the City wouM not exceed the $75,000. Any subsequent development would be private and involve land swaps with the City. It is apparent that a land swap will be required between the City and private land owner (Doug Wilkins) to accommodate the intended development. Staff has met with the property owner who agrees to not market the property during the study period. Subsequently, a Right-of-First-Refusal can be executed between the two parties. William J Callnin, Managing Director- Cayuga Hospitality Advisors, advised he is a resident of Virginia Beach. The project site and development opportunity are unique The proposal is based on the False Cape Project concept written by Roger Newill tn his April 20 report from the Resort Area Advisory Commission. The questions are: Is there sufficient demand for the faciHttes proposed for the Project to make it economically feasible and, are there investors/developers/operators who wouM adopt the Project, work closely in design and development with the agencies entrusted with the protection of the site and operate the Project profitably in a manner which wouM please the neighbors, the City and other leisure-time and educational entities, which could benefit from cooperative marketing with the Project? This proposed consulting engagement is intended to answer those questions from an optimum level of interest among qualified developers. BY CONSENSUS, the proposed Ordinance to transfer $7$,000 from the TGIF Reserve for Contingencies to the FY 1996-97 Operating Budget of the Economic Development Department to fund the False Cape Lodge Feasibility Study will be on the Consent Agenda. June 10, 1997 -6- CITY COUNCIL BRIEFING BA YLA~ ROAD/SHORE DRIVE IMPROVEMENTS 12:15 P.M. ITEM # 42227 The City of Virginia Beach Public Works Department/Engineering Division held a Public Hearing for the Sitore Drive Intersection project on ,4pril 24, 1997. Frank Hickman, Civil Engineer II, Project Manager, advised the Shore Drive Intersections CIP 2-133 first appeared In the 1989-90 CIP. The original project was to cul-de-sac First Court Road at its intersection with Shore Drive, signalize the intersection of Baylake Road and Shore Drive and adjust the Intersection of Baylake Road and First Court Road. The current project provides for closing Ftrst Court Road between Shore Drive and Baylake Road (see attached map), rather than providing a cul-de-sac. The other project features remain the same. Mr. Hickman displayed a schematic of the project. The intersection of Shore Drive and First Court Road has poor horizontal and vertical geometrics and there is minimal site distance available for vehicles exiting First Court Road. There were 21 accidents at this intersection between 1992 to 1996. Thirteen were directly related to the reduced sight distance created by the vertical curve along Shore Drive. The proposed solution is to: close First Court Road between Shore Drive and Baylake Road, eliminate the Shore Drive/First Court Road intersection, improve the Baylake Road/Shore Drive intersection (which will include turn lanes and a traffic signal}, and provide an improved alignment for Baylake Road south of Shore Drive Signalization of the intersection at Shore Drive and Baylake Road will be necessary with the planned improvements due to the concentration of all traffic to that intersection. The removal of the Shore Drive and First Court intersection will divert traffic to Shore Drive at Baylake Road, making the traffic signal mandatory to ensure efficient traffic flow. City staff met with members of the Baylake Pines Civic League in ,4pril 1996, to discuss the proposed project and related traffic issues. In May and June 1996, staff met with the Bay Lake Pines Civic League President to discuss various road design related issues. On two occasions in June 1996, staff and Virginia Power met on site with Bayville Pines homeowners to discuss easement issues related to the project. ,4 "Willingness to Hold a Public Hearing" was posted in the newspaper in ,4pril 1996; however, no responses were received. In response to a recent citizen interest, a Public Hearing was held on ,4pril 24, 1997. There were concerns expressed by the citizens relative additional storm water drainage from the improvements. Originally, designed into the project was to discharge drainage into the area of Lake Joyce by the ball. fields. This is a City owned lake Due to the aforementioned concerns, City staff r~visited the situation and discussed the possibility with Parks and Recreation of installing a dry retention pond approximately 6 feet deep and 50 x 50 feet. Barry Frankenfield, Parks and Recreation, advtsed relative the bike path running down the old First Court Road, the City wished to build a bike trail near a road, clearly visible from the road, wtth safety and security integrated with other destinations Some of the safety and security issues are similar to the Pungo Trail. The long term solution wouM be to connect Bayville Park to the Recreation Center and Shore Drive improvements and other destinations (Lesner Bridge and the State Park). Mr. Frankenfield believed the direction was to include bicycle trail systems adjacent to or with road projects more than separate, independent facilities. In a park situation with supervision, securtty along with opening and closing time, this might be a different situation ,4 bike trail could not go through West Neck District Park in Pungo. More than likely, a solution wouM be West Neck Road or Seaboard Road tying in with the right-of-way. June I0, 1997 -7- AGENDA RE VIEW SESSION 12:35 P.M. ITEM # 42228 Council Lady Henley advised she could not concur with the City removing automated refuse receptacles and recyclable containers that are not removed from public view on the day of collectton K. I Ordinance to AMEND Sections 31-1, 31-26, 31-27 and 31-28 of the City Code re recycling and automated refuse receptacles servtcing townhouse subdtvisions. Wade Kyle, Administrator- Waste Management, advised several warnings would be given to the resident and the City would not keep the container. They would ask the resident to pick up the container. This was a recourse for complaints and neighborhood appearance. Mr Kyle advised the process couM be changed to official notices and ticket format. Council Lady McClanan requested the City Attorney investigate possibly tmposing a fine. The City Manager advised the staff and resources were not available for court procedures for this routine violation. The violation entails those residents who leave their containers perpetually on the curb. Council Lady Parker inquired if there would be a fee involved in the process of picla'ng up the container. The City does not enviswn a fee. Council Members Henley and McClanan will vote a VERBAL NAY on this item. ITEM # 42229 Counctlman Branch expressed appreciation to retirtng School Board Member Paul Lanteigne for his endeavors tn behalf of the City and School system. K. 2 Ordinance to authorize the City Manager to execute an agreement with the Virginia Beach School Board re consolidation of the City Print Shop and the School Reprographics Shop ITEM # 42230 Council Lady Parker inquired relative: K. 3 Ordinances re Schools: a. Ordinance to REDUCE appropriations in the FY 1997-1998 School Textbook Fund by $715,000 and in the School Athlettc Fund by $30,400. b. Ordinance to TRANSFER $677,021 between the four major catgegortes of the FY 1997-1998 School Operating Fund as follows: Instruction Administration, Attendance & Health Pupil Transportation Operations & Maintenance NET CHANGE IN TOTAL APPROPRIATION $ (17 ,862) 437,678 (5o1,159) 239,34 , o Council Lady Parker was surprised to see instruction has been reduced by $175,000; however, administration has been increased $437,678, and Public Transportation savings of $$01,000. Council Lady Parker wished an explanation. Council Lady Henley was concerned relative the reduction In iht textbook fund. June I0, 1997 -8- ~4GEND~4 RE VIEW SESSION ITEM # 42231 Council Lady Parker referenced: K. 4 Ordinance to ~4PPROPRL4TE $253,760 from the State Compensation Board to the Sheriff's FY 1997-1998 Operating Budget for salary and operating expenses for eight (8) Court Support Deputy Sheriff positions authorized by the Board for reimbursement to the City; and, estimated revenue from the Commonwealth be increased accordingly. Chief Deputy Sheriff Lanteigne advised the funds for the eight Deputy positions with fringes, minus the City's contribution, are being provided by the Virginia State Compensation Board. Sheriff Lanteigne referenced the correspondence from the Compensation Board, dated May I, 1997, allocating additional positions. These positions will be available July First. ITEM # 42232 BY CONSENSUS, the following items shah compose the CONSENT~4GEND,4: RESOLUTION J. 1 Resolution re issuance by the Virginia Beach Development ~4uthority of revenue bonds not to exceed $18, 000, 000 for Our Lady of Perpetual Help Health Center, Inc. re acquisition, construction and equipping a residence-care factlity for the aged. ORDINANCES K. 1 Ordtnance to ~4MEND Sections 31-I, 31-26, 31-27 and 31-28 of the City Code re recycling and automated refuse receptacles servicing townhouse subdivisions. K. 2 Ordinance to authorize the Ctty Manager to execute an agreement with the Virgima Beach School Board re consolidation of the City Print Shop and the School Reprographics Shop. K. 4 Ordinances re Sheriff's Department: ao APPROPRIATE $600, O00 from the State Compensation Board to the Sheriff's FY 1996-1997 Operating Budget to offset prisoner housing costs; and, estimated revenue from the State Compensation Board be increased accordingly. bo APPROPRIATE $253, 760from the State Compensation Board to the Sheriff's FY 1997-I 998 Operating Budget for salary and operating expenses for eight (8) Court Support Deputy Sheriff positions authorized by the Board for reimbursement to the City; and, estimated revenue from the Commonwealth be increased accordingly. K. 5 Ordinance to ~4CCEPT and ~4PPROPRL4TE a $81,314 Grant from the United States Department of Justice to the Virginia Beach Police Department's FY 1997-1998 Operating Budget re acquiring two software modules for the Incident Based Reporting System; and, estimated revenue from the Federal Government be increased accordingly. June I0, 1997 -9- K. 6 K. 7 b. 1(.8 AGENDA RE VIEW SESSION ITEM # 42232 (Continued) Ordinance to ACCEPT and APPROPRIATE a $20,000 Grant from the Commonwealth of Virginia's Chesapeake Bay Local Assistance Department and TRANSFER $25,600 matching, funds from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of the Department of Planning re funding a full-time temporary Environmental Planner H position for Chesapeake Bay preservation work; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to authorize temporary encroachments by COASTAL VIDEO COMMUNICATION CORPORA TION re 2" polyethylene conduit to house computer and phone lines to the Rosehali Professional Building (L YNNHA VEN BOROUGH): Into an existing 40' City drainage easement at 3133 Virgima Beach Boulevard. Into a portion of the City's right-of-way at Kings Grant Road and Francis Land Lane. Applications for Annual private, municipal and non-profit organizations' Permits to operate emergency medical service agencies or vehicles within the City, pursuant to Section 10. 5-2 of the City Code: a. Ambstar, Inc. b. Advanced Wheelchair Transport, Inc. c. American Medical Response, Inc. d. Chesapeake Fire Department e. Chesbay Medical Transport f. Chtldren's Hospital of the Kings Daughters g. Eastern Medical Transport h. Medical Transport, Inc. i. Nightingale Air Ambulance j Norfolk Fire and Paramedical Services k. Ultimate Care Adult Center, Inc. June 10, 1997 - 10- ,4GENDA RE VIEW SESSION ITEM # 42233 Council Lady McClanan expressed concerns relative: L. 3 .4pplication of FIRST L YNNHA VEN BAPTIST CHURCH for a Conditional Use Permit for a church Northwest of the intersection of Princess Anne Road and Courthouse Loop (2641 Princess ~4nne Road), containing 19.682 acres (PRINCESS ANNE BOROUGH). The City Attorney advised a revised site plan needs to be received by the City Council. ITEM # 42234 Council Lady McClanan questioned information relative clean-up of the site: L. 4 ~4pplication of FIRST FILIPINO B,4PTIST CHURCH TRUSTEES for a Conditional Use Permit for a church expansion (parking) on the South side of Holland Road, West of Monet Drive (2969 Holland Road), containing 2.215 acres (PRINCESS ANNE BOROUGH) ITEM # 42235 Council Lady Strayhorn requested a Resolution to be added to the Agenda: Resolution in support of the "Partners In Prevention" Intttattve to reduce out-of-wedlock births locally. ~ Daniel Stone, Director of Social Services, has SCHEDULED a Town Meeting for June 25, 1997, 7'00 to 9:00 P.M., at Princess Anne High School, relative the Partners in Prevention Initiative. The Federal Government has allocated $100-MILLION in each of Federal fiscal years 1999 through 2002 to be divided among the five states that have experienced the greatest reduction in out-of-wedlock births in the previous two years without an increase in the abortion rate. The City wishes to join other localities in the Commonwealth in this important community objective. ITEM # 42236 BY CONSENSUS, the following items shah compose the PLANNING B Y CONSENT AGENDA: LI Ordinance in the petition of ALLSAFE SELF STORAGE, L.L.C., for the discontinuance, closure and. abandonment of a portion of South Kentucky ~4venue beginning at the Eastern boundary of South Kentucky.4venue and running in an easterly direction for 44 18 feet, containing 1,324.95 square feet (K E MP S YIL L E BOROUGH). June I0, 1997 -11- AGENDA RE VIEW SESSION ITEM # 42236 (Continued) L2 Application of WILLIAM CAIRNS and DONALD MONOSAN for a Variance to the minimum lot width requirement for a mobile home in the Agricultural Districts at 3022 New Bridge Road, containing 16. 683 acres (PRINCESS ANNE BOROUGH). L5 Application of LES MODLIN, DRCW RACEWAY for a Conditional Use Permit_for a recreational facilitF of an outdoor nature(Racetrack, for non-profit radio-operated model cars) on the North side of Norfolk. and Southern Railroad right-of-way, 528. 82 feet East of South Great Neck Road, containing 10, 890 square feet (L YNNI-L4 YEN BOROUGH). L6 Application of JAMIE and JOSEPH NICOLATO for a Conditional Use Permit for boardmg horses and a training facilitF on the South side of Gum Bridge Road, 1445 feet West of Muddy Creek. Road (1501 Gum Bridge Road), containing 19. 48 acres (PUNGO BOROUGH). Item L1 will be DEFERRED FOR AN ADDITIONAL 180 DAYS (12/16/97) BY CONSENT. June 10, 1997 - 12- CITY COUNCIL CONCERNS 12:50 P.M. ITEM # 42237 Council Lady Parker referenced the five questions relative: K3 Ordinances re Schools: a. Ordinance to REDUCE appropriations in the FY 1997-1998 School Textbook Fund by $715,000 and in the School Athletic Fund by $30,400. b! Ordinance to TRANSFER $677,021 between the four major categories of the FY 1997-1998 School Operating Fund as follows: Instruction $ (175,862) Administration, Attendance & Health 437,678 Pupil Transportation Operations & Maintenance NET CHANGE IN TOTAL APPROPRIATION (SOl, IS9) 239,343 o Concerns will be responded to during the Formal Sesston ITEM # 42238 Vice Mayor Sessoms expressed concern relative insurance coverage on oceanfront property, both residential and motel properties. Many cancellations are being forwarded to inchviduals Vice Mayor Sessoms saw this cycle a number of years ago. One major insurance carrier low bid everyone and then problems arose. When they had to make payouts, the policies were canceled. Vice Mayor Sessoms hoped the City could work with the Federal and State Legislators relative these insurance concerns. ITEM # 42239 Councilman Baum expressed concern relative the Laptop Computers and their use on the Conference Room tables as well as on the dias. Councilman Baum did not believe adequate attention would be paid to the speakers. June I0, 1997 - 13- ITEM # 42240 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the City Council Conference Room, City HalIBuilding, on Tuesday, June I0, 1997, at 12:55 P.M. Council Members Present: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members ~4bsent: Linwood O. Branch. III June 10, 1997 ITE~ # 42241 Mayor Meyera E. Oberndo~ entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discusston or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (I). To Wit: Appointments - Boards and Commissions: Advertising Advisory Committee Social Services Board Performance Evaluation: City Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of realpropertyforpublic purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3) Acquisition Virginia Beach Borough Sandbridge Easements LEGAL MA TTERS' Consultation wtth legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requestmg the provision of legal advice by counsel pursuant to Section 2.1-344(A}(7). To- Wit: Sandbridge Easements Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Counctl voted to proceed into EXECUTIVE SESSION. ' Voting: 10-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III June 10, 1997 - 15- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL June 10, 1997 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June I O, 1997, at 2.'00 P.M. Council Members Present: John ,4. Baum, Linwood O. Branch, III, William IV. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members ,4bsent: None INVOCATION: Dr. T. E Thieman Chaplain Mayor Oberndorf congratulated Dr. Thieman on his unselfish volunteerism to the City throughout the years. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed the matters on the agenda in which he has a "personal interest", as de. fined in the ,4ct, either individually or in his capacity as an officer of Central Fidelity Bank were K. 7 (Coastal Video Communication Corporation) and L. 1 (,411safe Self Storage). The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1997, is hereby made a part of the record. June I0, 1997 - 16- Item V-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42242 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identt, fied in the motton convening the Executive Sessmn were heard, discussed or considered by Virginia Beach City Council. Voting: I 1-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June I0, 1997 -17- Item V-F.I. MINUTES ITEM It 42243 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FO!~¥1AL SESSIONS of June 3, 1997. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL William W Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 - 18- Item Y-G. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 42244 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 1 O, 1997 - 19- Item V-I. 1. PRESENT~4 TION ITEM # 42245 Lynn Sachs, Benefits `4dministrator, Dr. Donald ,4. Peccia, `4ssociate Superintendent - Schools, Budget/Finance~echnology, and Judy Konock - US,4~4 and "Drive Smart~ Program presented the Mayor and City Council with a Plaque and a Certificate for the City Employee's participation in the DRIVE SMARTprogram. This award represented a 70% plus Safety Seat Belt use. The "Battle of the Belts" program had various City locations competing with each other to see who would have the highest compliance rate average after three checks. Of the three parking lot checks, one was unannounced and two were announced in advance. The program was from January 15 to February 12, 1997. Motor vehicle crashes are the leading cause of death for Americans of every age from 5 to 27 years. The economic costs of death, injury and property damage are huge, over $1$ 7-BILLlON annually. The total number of motor vehicle accident patients in Sentara General was over 8,000 The medical treatment of motor vehicle injuries cost $14$-BILLION DRIVE SM~4RTHampton Roads is a community traffic safety program spearheaded by US~4. This public/private partnership is one of five community DRIVE SM~4RT programs nationwide Mrs. Sachs expressed appreciation to the partners involved in "Battle of the Belts": Drive Smart US~4A, Virginia Beach Benefits Office, Virginia Beach City Schools Wellness Office, Fire Department, Police Department and Safety Office. June 1 O, 1997 - 20- Item VJ/K. RES OL UTION/ORD INA NCES ITEM # 42246 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED BY CONSENT in ONE MOTION Resolution 1 and Ordinances 1, 2, 4, 5, 6, 7 and 8. Voting: I 1-0 Council Members Voting Aye: John A Baum, Linwood O. Branch, IIL William W. Harrison, Jr, HaroM Heischober, * *Barbara M. Henley, Louis R. Jones, * * *Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, * Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members ~4bsent : None *Vice Mayor Sessoms ABSTAINED on Item K. 7., as Coastal Video Communication Corporation does business with his bank **Council Lady Henley voted a VERB,4L N,4 Y on Item K. 1. **Council Lady McClanan voted a VERBAL NAY on Item K.I. June I O, 1997 - 21 - Item V-J. 1. RESOLUTION ITEM # 42247 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ,4DOPTED: Resolution re issuance by the Virginia Beach Development ~4uthority of revenue bonds not to exceed $18,000,000 for Our Lady of Perpetual Help Health Center, Inc. re acquisition, construction and equipping a residence-care facility for the aged. Voting: 11-0 Council Members Voting ,4ye: John/t. Baum, Linwood O. Branch, IIL Wtlliam W. Harrison, Jr, HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members .4bsent: None June I0, 1997 - 22 - Item V-K. 1. ORDINANCES ITEM # 42248 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND Sections 31-I, 31-26, 31-27 and 31-28 of the City Code re recycling and automated refuse receptacles servicing townhouse subdivisions. Voting: 9-2 (By ConsenO Council Members Voting Aye: John ~4. Baum, Ltnwood 0 Branch, III, William W. Harrison, Jr., HaroM Heischober, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley and Reba S. McClanan Council Members Absent: None June 10, 1997 - 23 - Item V-K.2. ORDINANCES ITEM # 42249 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the City Manager to execute an agreement with the Virginia Beach School Board re consolidation of the City Print Shop and the School Reprographics Shop. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, William W Harrison, Jr, HaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Vtce Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 - 24 - Item VJf.$. ORDINANCES ITEM # 42250 Dr. DonaM A. Peccia, Associate Superintendent - Schools, Budget/Financeff echnology, responded to City Council concerns. Upon motion by Vice Mayor Sessoms, seconded by Councilman .]ones, City Council ADOPTED: Ordinances re Schools: a, Ordinance to REDUCE appropriations in the FY 1997-1998 School Textbook Fund by $715,000 and in the School Athletic Fund by $30,400. be Ordinance to TRANSFER $677,021 between the four major categories of the FY 1997-1998 School Operating Fund as follows: Instruction Administration, Attendance & Health Pupil Transportation Operations & Maintenance NET CHANGE IN TOTAL APPROPRIATION 437,678 (501,159) 239~343 0 Voting: 11-0 (By ConsenO Council Members Voting Aye: John d. Baum, Linwood 0 Branch, III, Wilham W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 - 26 - Item V-J~.5. ORDINANCES ITEM # 42252 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $81,314 Grant from the United States Department of Justice to the Virginia Beach Police Department's FY 1997-1998 Operating Budget re acquiring two software modules for the Incident Based Reporting System; and, estimated revenue from the Federal Government be increased accordingly. Voting: 11-0 (By ConsenO Council Members Voting Aye: John .4. Baum, Linwood O. Branch, IIL William W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 -27- Item ORDINANCES ITEM # 42253 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $20,000 Grant from the Commonwealth of Virginia's Chesapeake Bay Local ~4ssistance Department and TRANSFER $25,600 matching funds from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of the Department of Planning re funding a full-time temporary Environmental Planner H position for Chesapeake Bay preservation work; and, estimated revenue from the Commonwealth be increased accordingly Voting: I I-0 (By ConsenO Council Members Voting ~4ye: John d. Baum, Linwood O. Branch, II[, Wtlliam W. Harrison, Jr, HaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent: None June 10, 1997 - 28 - Item F-K. Za. ORDINANCES ITEM # 42254 Upon motion by Flce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment by CO~4STAL VIDEO COMMUNICATION CORPORATION re 2" polyethylene conduit to house computer and phone lines to the Rosehall Professional Building ~ YNNH~4 FEN B OR 0 UGH): a. Into an existing 40' City drainage easement at 3133 Virginia Beach Boulevard. The following conditions shah be required: , That said 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 of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. 2, This temporary encroachment shall terminate upon notice by the City of Virginia Beach to the party of the second part and that within thirty (30} days after such notice is given, such temporary encroachment shall be removed.from the City's 40' drainage easement at 3133 Virginia Beach Boulevard by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. , The party of the second part shall indemnify and hoM harmless the City of Virginia Beach, its agents and employees from and against ali claims, damages, losses and expenses including reasonable attorney's fees in case it shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. Nothing in the agreement shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified and to the limited extent specified, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. 5. The party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. The party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's drainage easement. The City of Virginia Beach, upon revocation of authority and permission granted, may remove any such encroachment and charge the cost thereof to the party of the second part and collect the cost in any manner provided by law for the collection of local or state taxes; or request the party of the second part to remove such encroachments and if such removal shall not be made within the time ordered, the City shall impose a penalty in the sum of One Hundred Dollars ($100} per day for each and every day that such encroachment is allowed to continue. June 10, 1997 - 29 - Item V-K. 7. a. ORDINANCES ITEM # 42254 (Continued) Voting: 10-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, Linwood 0 Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Me)era E. Oberndo~ Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bstaining: Vice Mayor William D. Sessoms, Jr. Council Members ,4bsent: None Vice Mayor Sessoms ABSTAINED as Coastal Video Communication Corporatton does business with his bank, Central Fidelity June 10, 1997 - 30- Item V-K. Zb. ORDINANCES ITEM # 42255 Upon motion by Vice Mayor 8essoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment by COASTAL VIDEO COMMUNICATION CORPORATION re 2" polyethylene conduit to house computer and phone lines to the Rosehall Professional Building (L YNNH`4 VE N BOROUGH): b. Into a portion of the City's right-of-way at Kings Grant Road and Francis Land Lane. The following conditions shah be required: lo That said 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 of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. . This temporary encroachment shah terminate upon notice by the City of Virginia Beach to the party of the second part and that within thirty (30) days after such notice is given, such temporary encroachments shall be removed from the City's rtght-of-way at Kings Grant Road and Francis Land Lane by the party of the second part; and that the party of the second part shah bear all costs and expenses of such removal. . The party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. . Nothing in the agreement shah be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than theft specified and to the limited extent specified, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. The party of the second part must obtain a right-of-way permit with proof ora general comprehensive form liability ($500,000 minimum) from the Development Services Center prior to commencing any construction with the City's right-of-way. 6. ,4 Permit Performance Bond or other form of surety approved by the Department of Planning must be posted in accordance with the engineers cost estimate. 7. The owner agrees to keep the City free and harmless from liability as a result of the encroachment. The owner agrees to remove the encroachment within a reasonable amount of time as directed by the City and at no expense to the City. If, in the event, the owner refuses or is unable to remove the encroachment, the owner understands the City will authorize the removal of the encroachment and all expenses will be charged to the owner to recover the cost of the encroachment removal. June 10, 1997 Item V-K. Zb. ORDINANCES ITEM # 42255 (Continued) 10. 11. The party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. 9. No work may begin within the City right-of-way until all necessary traffic control plans have been approved by the Traffic Engineering Bureau. The City of Virginia Beach, upon revocation of authority and permission granted, may remove any such encroachment and charge the cost thereof to the party of the second part and collect the cost in any manner provided by law for the collection of local or state taxes; or request the party of the second part to remove such encroachment and tf such removal shall not be made within the time ordered, the City shall impose a penalty in the sum of One Hundred Dollars ($I00) per day for each and every day that such encroachment is allowed to continue. Voting: 10-0 (By ConsenO Council Members Voting Aye. John .4 Baum, Linwood O. Branch, III, William W Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaimng: Vice Mayor William D. Sessoms, Jr. Council Members .4bsent: None Vice Mayor Sessoms ABSTAINED as Coastal Video Communicatton Corporation does business with his bank, Central Fidelity. June I0, 1997 - 32- Item ORDINANCES ITEM # 42256 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED RENEWAL: Applications for Annual private, municipal and non-profit organizations' Permits to operate emergency medical service agencies or vehicles within the City, pursuant to Section 10.5-2 of the City Code: I. Ambstar, Inc. 2 Advanced Wheelchair Transport, Inc. 3. American Medical Response, Inc. 4. Chesapeake Fire Department 5. Chesbay Medical Transport 6. Children's Hospital of the Kings Daughters 7. Eastern Medical Transport 8. Medical Transport, Inc. 9. Nightingale Air Ambulance 10. Norfolk Fire and Paramedical Services I1. Ultimate Care Adult Center, Inc. Voting: 11-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, Linwood 0 Branch, III, Wdliam W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, VicS Mayor William D Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 - 33 - Item I}'-K. PUBLIC HEARING ITEM # 42257 PLANNING Mayor Oberndorf DECL~RED a PUBLIC HEARING on: PLANNING I. ALLSAFE SELF STORAGE, L.L.C. STREET CLOSURE 2. WILLIAM CAIRNS AND DONALD MONOSAN VARIANCE $. FIRST L YNNHA FEN BAPTIST CHURCH CONDITIONAL USE PERMIT 4. FIRST FILIPINO BAPTIST CHURCH TRUSTEES CONDITIONAL USE PERMIT LES MODLIN, DRCW RACEWAY CONDITIONAL USE PERMIT 6. JAMIE AND JOSEPH NICOLA TO CONDITIONAL USE PERMIT June 10, 1997 - 34 - Item V-L. PUBLIC HEARING ITEM # 42258 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councibnan Branch, City Council APPROVED itt one motion Items 1, 2, 5 and 6 of the PLANNING B Y CONSENT. Item V-L. I. was ALLOWED AN ADDITIONAL 180-DAY DEFERRAL BY CONSENT Voting: 11-0 (By ConsenO Council Members Voting Aye: John A Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wtlliam D Sessoms, Jr. * and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None * Vice Mayor Sessoms ABSTAINED on Item L.I. (ALLSAFE SELFSTORA GE, L.L.C.), as his bank does business with this firm. June 10, 1997 - 35 - Item V-L.I PUBLIC HEARING ITEM # 42259 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED ADDITIONAL 180 DAYS DEFERRAL UNTIL DECEMBER 16, 1997, an Ordinance in the Petition of ~4LLS~4FE SELF STORAGE, L.L.C. for the discontinuance, closure and abandonment of a portton of South Kentucky Avenue. Application of .411safe Self Storage, L L C., for the discontinuance, closure and abandonment of a portion of South Kentucky Avenue beginning at the eastern boundary of South Kentucky Avenue and runntng in an easterly direction a distance of 44.18feet. Satd parcel contatns 1,324.95 square feet. KEMSPVILLE BOROUGH. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, Wtlham W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorjq, Nancy K. Parker and Louisa K. Strayhorn Council Members Voting Nay: None Council Members Abstaining' Vice Mayor William D. Sessoms, Jr Council Members Absent: None Vice Mayor 8essoms ~4BSTAINED as his bank does business with this firm. June I0, 1997 - 36- Item V-L.2 PUBLIC HEARING ITEM # 42260 PL,4NNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the application of MLLIAM CAIRNS and DONALD MONOSAN for a Variance to the minimum lot width requirement for a mobile home in the Agricultural Districts: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Wdliam Cairns and DonaM Monosan. Property is located at 3022 New Bridge Road. PRINCESS ANNE BOROUGH. The following conditions shall be required: . The mobile home must be installed on a permanent foundation and meet other Building Code requirements. Ingress-egress easements shall be provided to serve the adjacent property to the south, as well as Lot A. Current flood hazard boundaries shall be indicated on the finai plat. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood 0 Branch, IIL Wtlliam W. Harrison, Jr, HaroM Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 10, 1997 -37- Item V-L$ PUBLIC HEARING ITEM # 42261 PLANNING Robert S. Miller, P.E., 5033 Rouse Drive, Phone: 490-9264, represented the applicant Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of FIRSTL YNNHA VENBAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICANT OF FIRST L YNNHA VEN BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R06972117 BE ~ HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of First Lynnhaven Baptist Church for a Conditional Use Permit for a church on certain property located northwest of the intersection of Princess Anne Road and Courthouse Loop. Said parcel is located at 2641 Princess Anne Road and contains 19. 682 acres. PRINCESS ANNE BOROUGH. The following conditions shah be required. . ,4 revised site plan dated May 29, 1997, which includes, among other things, a representation of the landscaping to be placed on-site, subject to all City Codes and a rendering undated and entitled, "First Baptist Lynnhaven Sanctuary and Education Complex". . Temporary right and left turn lanes for Princess Anne Road, not identified on the submitted plans, will be required to serve the temporary access to the site The location of the temporary turn lanes will be determined at final site plan review. The required turn lanes will provide a joint temporary access to the subject site as well as the Agapee International Church site situated to the northeast. . There will be one temporary access to the site from Princess Anne Road. Once an alternative access is established, this temporary access shah be removed. 1 A stormwater management plan as well as a detailed landscaped plan, which meets all requirements of the Ctty Zoning Ordinance, will be required during detailed site plan review process. This Ordinance shall be effective tn accordance wtth Sectton 107 09 of the Zoning Ordtnance. Adopted by the Council of the City of Virginia Beach, Vtrgtnia, on the Tenth of June Nineteen Hundred and Ninety-Seven. June 10, 1997 - 38- Item V-L.$ PUBLIC HEARING ITEM tt 42261 (Continued) PLANNING Vottng' 11-0 Council Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Wdham W Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Loutsa M. Strayhorn Counctl Members Voting Nay' None Council Members Absent. None June 10, 1997 - 39- Item V-L. 4. PUBLIC HEARING ITEM # 42262 PLANNING Roger Pope, represented the apphcant Upon motion by Councd Lady McClanan, seconded by Vice Mayor Sessoms, Ctty Councd ADOPTED an Or&nance upon apphcation of FIRST FILIPINO BAPTIST CHURCH TRUSTEES for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF FIRST FILIPINO BAPTIST CHURCH TRUSTEES FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION (PARKING) R06972118 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Ftrst Ftltptno Baptist Church Trustees for a Conditional Use Permttfor a church expanston (parktng) on the south stde of Holland Road, west of Monet Drtve Satd parcel ts located at 2969 Holland Road and contatns 2 215 acres PRINCESS ANNE BOROUGH The followtng conchtions shall be reqmred' Maxtmum capactty shall not exceed 225, as tnchcated on the stte plan approved November 1, 1995 The submttted stte plan shall be adjusted to clearly tn&cate the total number of approved seats (fixed or unfixed, extsttng or future) as well as the total number of approved parlang spaces Wtth the exceptton of the prevtously approved sanctuary and parktng area, and the addttional parktng tncluded in thts request, no further expanston or development shall occur on the rematntng unchsturbed area of thts lot, and the stte plan shall be noted accordtngly The Best Management Practtces facthty shall be expanded as necessary to accommodate all approved development as tt ts constructed All stte plans shall be subject to approval. Landscaptng of the parktng lot shall meet or exceed mtnimum parla'ng lot tntertor coverage requtrements This Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Or&nance Adopted by the Councd of the City of Vtrgtnta Beach, Vtrgtma, on the Tenth of June Ntneteen Hundred and Ntne _tv-Seven June lO, 1997 - 40 - Item V-L. 4. PUBLIC HEARING ITEM # 42262 (Continued) PLANNING Vottng 11-0 Counctl Members Voting Aye John A. Baum, Ltnwood 0 Branch, III, William W. Harrison, Jr., HaroM Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and Loutsa M Strayhorn Council Members Voting Nay' None Council Members Absent None June 10, 1997 - 41 - Item V-L. 5. PUBLIC HEARING ITEM # 42263 PLANNING Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED Ordtnance upon apphcatton of LES MODLIN, DRCW IL4CEWA Y for a Condtttonal Use Permit' ORDINANCE UPON APPLICATION OF LES MODLIN, DRCW RACEWAY FOR A CONDITIONAL USE PERMIT FOR A ~CREATIONAL FACILITY OF AN OUTDOOR NATURE R06972I 19 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Les Modhn, DRCW Raceway, for a Condtttonal Use Permit for a recreattonal facthty of an outdoor nature on certatn property located and on the north stde of Norfolk & Southern Ratlroad R/W, 528. 82 feet east of South Great Neck Road. Satd parcel contatns 1 O, 890 square feet LYNNHA VEN BOROUGH The following conchttons shall be requtred 1. Hours of operatton shah be hmtted to dayhght hours, seven days a week. No more than etght people and etght vehtcles shall be present during weekdays, and no more than 40 people and 30 vehicles shah be present during weekends 3 Parktng shall be confined to thepavedparking area at aH times 4. The apphcant shall ensure that permanent bathroom facthttes are avatlable to club members at any ttme that the track is tn use 5 Healthy grass cover shall be matntatned tn the area surroundtng the track Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zoning Ordtnance Adopted by the Counctl of the City of Vtrgtnta Beach, Virgtnta, on the Tenth Of June Nineteen Hundred and Ntnety-Seven. Vottng: 11-0 (By Consent) Council Members Voting Aye John A Baum, Ltnwood 0 Branch, III, Wilham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Vottng Nay None Counctl Members Absent None June 10, 1997 - 42 - Item V-L. 6. PUBLIC HEARING ITEM # 42264 PLANNING Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an apphcation of JAMIE and JOSEPH NICOLATO for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF JAMIE & JOSEPH NICOLA TO FOR A CDNDITIONAL USE PERMIT FOR BOARDING HORSES R06972120 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of damte & Joseph Ntcolato for a Conchttonal Use Permtt for boardtng horses and a tratntngfacihty on the south stde of Gum Brtdge Road and contatns 19 28 acres. PUNGO BOROUGH. The followtng condittons shall be requtred 1. Thts horse boarding and tratntng facdtty ss approved for up to etght horses, tncluchng those owned by the apphcant The site shall be developed as shown on the approved stte plan, tncluchng installation of landscaping and locatton of new structures 3 Riding lessons shall be held between the hours of 8 O0 am to 8 OOpmfor no more than two students at a time This Or&nance shall be effecttve tn accordance wtth Section 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Cay of Virgtnia Beach, Vtrginia, on the Tenth of June Ntneteen Hundred and Ntne~-Seven Voting 11-0 (By ConsenO Counctl Members Voting Aye John A Baum, Ltnwood 0 Branch, III, Wtlham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Vottng Nay None Council Members Absent None June 10, 1997 - 43 - Item V-M. 1. APPOINTMENTS ITEM # 42265 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl REAPPOINTED: Chairman, Resort Leadershtp Councd President, Vtrgima Beach Hotel and Motel Associatton Prestdent, Virgtnta Beach Restaurant Assoctatton Chatrman, Vtrgtnta Beach Economtc Development Advtsory Commtssion Chairman, Vtrgtnta Beach Dtvtston of Hampton Roads Chamber of Commerce Prestdent, Virgtnta Martne Sctence Museum Foundatton, Inc. Director, Department of Conventton and Vtsttor Development Dtrector, Department of Economtc Development Director, Department of Museums AD VERTISING AD VISOR Y BOARD Vottng' 11-0 Counctl Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Wdham W Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Councd Members Voting Nay None Councd Members Absent None June 10, 1997 - 44 - Item V-M.2. APPOINTMENTS ITEM # 42266 B Y CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS SOCIAL SER VICES BOARD June 10, 1997 - 45 - Item V-N. 1. UNFINISHED BUSINESS ITEM # 42267 Mayor Oberndorf RECOGNIZED: CHRIS TIE AMBERMAN VOL UNTEER INTERN OFFICE OF THE MA YOR Mayor Oberndorf advtsed Marry Russo, Chatrman- Volunteer Councd, ts the lea&ng Volunteer tn the Ctty and always anxtous to have Ctty Counctl and Ctty Departments bene. fit from the expertise of her tnterns Christte has fimshed her first year at the Umverstty of Virgtnia and ts majoring tn government and foretgn affatrs Chrtstte ts fluent tn Spanish and French Her goal ts to become an attorney June 10, 1997 - 46- Item V-N. 1. NEW BUSINESS ITEM # 42268 Upon motion by Counctl Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council AGREED TO ADD TO THE ,4 GENDA: Resolution in support of the "Partners In Prevention "Initiative to reduce out-of-wedlock births locally. Vottng: 11-0 Councd Members Vottng Aye' John A Baum, Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Councd Members Voting Nay None Counctl Members Absent. None June 10, 1997 -47- Item V-N.2. NE W BUSINESS ITEM # 42269 Upon motion by Councd Lady Strayhorn, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED: Resolution in support of the "Partners In Prevention "Initiative to reduce out-of-wedlock births locally. Vottng 11-0 Counctl Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr., Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndo~ Nancy K Parker, Vtce Mayor William D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Vottng Nay None Counctl Members Absent None June 10, 1997 - 48 - Item V-N.3. NE W BUSINESS ITEM # 42270 Ctty Counctl RECORDED B Y CONSENSUS the Abstract of Legal cases resolved- May 1997 June 10, 1997 ~ 49- RECESS INTO EXECUTIVE SESSION ITEM # 422 71 Mayor Meyera E. Oberndorf, entertatned a motion to permtt Ctty Counctl to conduct tts EXECUTIVE SESSION, pursuant to Sectton 2 1-344, Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MA TTERS: Discussion or consideratton of or tntervtews of prospective candtdates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, chsctplintng, or restgnatton of spectfic publtc officers, appointees, or employees pursuant to Sectton 2.1-344 (A) (1) To Wtt Performance Evaluation Ctty Councd Appointees Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Baum, Ctty Counctl voted to proceed tnto EXECUTIVE SESSION (2:50 P.M.). Voting 11-0 Council Members Vottng Aye John A. Baum, Ltnwood 0 Branch, III, William W Harrtson, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba $ McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Loutsa M $trayhorn Councd Members Vottng Nay None Councd Members Absent None June 10, 1997 - 50- ITEM # 422 72 Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BE,ICH CITY COUNCIL in the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, June 10, 1997, at 3 25 PM Counctl Members Present John A. Baum, Ltnwood 0 Branch, Ill, Wtlham W Harrtson, Jr., Harold Hetschober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wtlltam D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Absent None June 10, 1997 - 51 - Rem ~0 CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42273 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Baum, Ctty Councd CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were chscussed in Executtve Sesston to which thts certtficatton resolution apphes, AND, Only such pubhc business matters as were tdent{fied tn the motton conventng the Executtve Session were heard, dtscussed or constdered by Vtrgtnta Beach City Counctl Voting 11-0' Council Members Vottng Aye John A Baum, Ltnwood 0 Branch, IIL Wtlliam W Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Council Members Vottng Nay. None Counctl Members Absent. None *Verbal Vote June 10, 1997 - 52 ~ Item ADJOURNMENT ITEM # 42274 Mayor Meyera E. Oberndorf DECLARED the City Counctl Meeting ADJOURNED at 3 27 P M. Beverly 0 Hooks, CMC/A~IE Chtef Deputy City Clerk City Clerk Mayor Ctty of V~rgtnia Beach Vtrgtnta June 10, 1997