JUNE 7, 2005, MINUTES
CITY OF VIRGINIA BEACH
COMMUNITY FOR A LIFETIME
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-lArge
VICE MAYOR LOUIS R JONES, Bayside . District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX. Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At-lArge
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESUE L. UUEY
CITY CLERK - RUTH HODGES SMITH, MMC
7 June 2005
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
A. PUBLIC VOICESIREDEVELOPMENT Update
Robert Scott, Director, Planning
CITY HALL BUILDING
240i COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE."(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
2:00 PM
B. VISITOR CENTER OPERATIONS
Hester Waterfield, Visitor Services Administrator, Convention and Visitor Bureau
II. COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:30PM
VI. FORMAL SESSION
- Council Chamber -
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Master Monk Phich Thong Kinh
Buddhist Temple
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL AND FORMAL SESSIONS
May 24, 2005
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. RESOLUTION/ORDINANCES
1. Resolution to express support and AUTHORIZE the City Manager to negotiate a contract
with Urban Land Institute re a performance study for Village of Pungo.
2. Ordinance to AUTHORIZE the KENNETH A. HALL F AMIL Y LIMITED
PARTNERSHIP a temporary encroachment into portions of the rights-of-way of Butternut
Lane and Spruce Street to construct and maintain a telephone pedestal and buried conduit to
house fiber optic cable.
3. Ordinance to ACCEPT and APPROPRIATE $507,998 in state, federal and gift fund
revenues to the FY 2004-2005 Human Services Operating Budget re additional mental
health, substance abuse and mental retardation services.
4. Ordinance to APPROPORIATE $36,351 from Cost Recovery Revenue and to ACCEPT and
APPROPRIATE $6,253 from the Fire Department Gift Fund to the Department's FY 2004-
2005 Operating Budget re various costs and fire programs and increasing revenue
accordingly.
5. Ordinance to APPROPRIATE $799,237 to the FY 2005-06 Human Services Operating
Budget and to provide eight (8) full-time positions as follows:
a. One time state general fund revenue
b. State Supreme Court and Medicaid revenue
c. Additional fee revenue
$173,109
$480,128
$146,000
6. Ordinance to ACCEPT and APPROPRIATE $5,000 in Gift Fund Revenue to the 2004-2005
Public Libraries Operating Budget re replacing conference room chairs in the Central
Library.
7. Ordinance to REVISE categorical appropriations for the School's Operating Fund re
additional State and other revenue:
a. Reduce Instruction $15,708,066
b. Reduce Attendance and Health $ 534,949
c. Reduce Pupil Transportation $ 1,988,071
d. Reduce Operations and Maintenance $ 4,809,444
AND, APPROPRIATE the following:
a. School Grants $ 183,786
b. School Athletic Special Revenue $ 242,731
c. School Instructional Technology $ 1,748,680
d. School Vending Operations $ 31,000
e. School Textbook Fund $ 2,091,882
8. EMS Permits for annual renewal:
a. Eastern Shore Ambulance
b. Nightingale Regional Air Ambulance
c. Network Medical
d. Children's Hospital of the King's Daughters
e. Medical Transport
f. Lifeline Ambulance Service, Inc.
9. Ordinance to AUTHORIZE one additional full-time position and ELIMINATE two part-time
FTE's in the FY 2005-2006 Operating Budget of the Library Department re stabilizing staffing
at the Kempsville Library.
J. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BEACHES and W A TERW A YS COMMISSION
HEAL TH SERVICES ADVISORY BOARD
CHESAPEAKE ALCOHOL SAFETY ACTION PROGRAM
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
OPEN SPACE SUBCOMMITTEE
PARKS and RECREATION COMMISSION
SHORE DRIVE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
*********************************************
PUBLIC COMMENTS
Non Agenda Items
*********************************************
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: VIRGINIA RELAY at 1-800-828-1120
**********
Agenda 06/7/05 sib
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7 June 2005
Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re PUBLIC
VOICES/REDEVELOPMENT, in the Council Conference Room, City Hall, on Tuesday, June 7, 2005, at
2:00 PM.
Council Members Present:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt,
and James L. Wood
Council Members Absent:
Robert M. Dyer
[Entered: 2:30 PM.]
Jim Reeve
[Entered: 2:20 PM.]
Ron A. Villanueva
[Entered: 2: 17 PM.]
Rosemary Wilson
[Entered: 2:12 P.M.]
- 2-
CITY MANA GER 'S BRIEFING
PUBLIC VOICES/REDEVELOPMENT Update
2:00 P.M.
ITEM # 54003
The City Manager advised the presentation PUBLIC VOICESIREDEVELOPMENT Update is divided into
three (3) parts: Robert Scott, Director - Planning (relationship to the Comprehensive Plan), Donald
Maxwell, Director - Economic Development (Economic Development Strategy) and John Stewart,
Operations Manager - Public Library System (Process).
Robert Scott advised whether or not a redevelopment policy exists, redevelopment has begun and is
progressing in the City of Virginia Beach. This issue has been discussed in the ADOPTED Comprehensive
Plan. There are four (4) reasons to be involved and concerned re the redevelopment process:
Dwindling Supply of Vacant Land
Renew and reinvest in the City, broaden the tax base
(under utilization and/or inappropriate land uses)
Aging Developments (combat blight) (unfit relationship
between land uses)
Comprehensive Plan (Strategic Growth areas
and protection of neighborhoods)
Donald Maxwell distributed information relative the Comprehensive Redevelopment Strategy and the
Redevelopment Work Plan.
Mr, Maxwell advised the status of the foundation work for the Redevelopment Strategy:
Completed
Comprehensive plan (broad strategy and rationale)
Economic Development Strategy
Tourism Strategy
Retail Study
Joint Land Use Plan (JLUS)
Housing Needs Study
Old Beach District Plan
To Be Comoleted
Office Needs Study
Strategic Growth Area Plans
(July 2005)
(long term)
The process to complete the strategy would involve engaging the community in the development and support
of a redevelopment strategy to achieve the City Council's goals,
John Stewart stated that on December 7, 2004, the Economic Vitality Strategic Issue Team advisedforming
the parts into a meaningful whole must include a substantial process of public participation (citizen
dialogue). This process has both a structure and outcomes, Better understanding can lead to cooperative
approaches and even to a shared vision for redevelopment. The Public Voices on Redevelopment is an open
process to obtain community-wide views and questions re the creation of a redevelopment strategy for the
City,
June 7, 2005
- 3 -
CITY MANA GER 'S BRIEFING
PUBLIC VOICESIREDEVELOPMENT Update
ITEM # 54003 (Continued)
Information entitled: Public Voices on Redevelopment Leadership Team (Major Milestones) (Leadership
Team Tasks) and the Governance Plan were distributed and are hereby made a part of the record.
The task is to produce a report to the City Council and citizens which describes the outcome of the public
deliberation relative redevelopment. This report will be utilized by the Economic Vitality Issue Team, along
with the other reports and related work, described by Mr. Maxwell to fashion a Redevelopment Strategy
for consideration. Public Voices on Redevelopment Leadership Team is composed of Virginia Beach
residents. Letters were forwarded to individuals and groups identified in the initial proposal to City Council.
The work of the Leadership Team was described in two separate "City Page" issues. The newspaper and
Council of Civic Organizations published the Leadership Team, The result of those efforts were telephone
calls from over seventy (70) individuals interested in participating. Between fifty-five (55) and sixty (60)
members regularly attend the Leadership Team meetings. Copies of the list of participants are available
in the Office of the City Clerk.
The Public Voices Project Team facilitates the work of the Leadership Team and is composed of
representatives from many City departments. In effect, this Team is the keeper of the process of public
dialogue. A model entitled the "National Issues Forum" method is utilized. The Project Team calls the
meetings, plans the Agenda, facilitates the discussions, reports on the outcomes and will ultimately prepare
the report summarizing the deliberation, Betsy McBride, Media and Communications, is the Team leader.
The Research Team has one duty to make sure the deliberations are based on facts shared among all
participants. Kathy Conroy, Municipal Reference Library, is the Research Team leader. The Resource
Group is composed of experts in redevelopment practice, policy and law, Leslie Lilley - City Attorney, Robert
Scott - Director of Planning, Donald Maxwell - Director of Economic Development and Andy Friedman -
Director of Housing and Neighborhood Preservation, are members of the Resource Group,
The Leadership Team has held two (2) meetings (approximately 1 % hours each), During the first meeting,
the Leadership Team heard a presentation re the value of including many voices in public decision making
and learned of the process being utilized and the Team's specific tasks. In the second meeting, issue framing
commenced. Over fifty (50) interviews have been conducted with citizens and stakeholders throughout the
city. The purpose of the interviews is to identifY all concerns re redevelopment. The interviewees are
selected partially by recommendations from the Leadership Team, some are individuals who wish to be
interviewed and some the Economic Vitality Issue Team has chosen to maintain a good distribution across
the demographics of Virginia Beach. The site for Public Voices on Redevelopment Leadership Team
appears under "Hot Topics" in the www,vbgov.com website, Kevin Fairley, Video Services Division, is a
member of the Project Team. Methods are being discussed to utilize television to broaden the deliberation,
The Research Team has already compiled a newspaper data base of over three hundred (300) articles and
"Letters to the Editor" (assembled 4 binders of articles relative redevelopment related issues in print and
on the Internet) and begun a glossary of terms and definitions.
Elements of the Process
Leadership and Organization
Citizen/Stakeholder Interviews
High-Profile Community Event
"Redevelopment Reader"
Citizen Dialogues
Report to City Council and Citizens
June 7, 2005
-4-
CITY MANAGER'S BRIEFING
PUBLIC VOICES/REDEVELOPMENT Update
ITEM # 54003 (Continued)
The Redevelopment Reader will contain facts, definitions of redevelopment tools and examples of best
practices from around the country. All will be framed around the concerns expressed in the interviews and
during the community event,
Mr. Stewart responded to the Mayor and advised both Robert Dean and John Moss, of the Taxpayers
Alliance, are participating actively in the process.
June 7, 2005
- 5 -
CITY MANA GER 'S BRIEFING
VISITOR CENTER OPERATIONS
2:35 P.M.
ITEM # 54004
Jim Ricketts, Director - Convention and Visitors Bureau, introduced Hester Waterfield, Visitor Services
Administrator. Mrs. Waterfield has been a City Employeefor thirty-seven (37) years thirty, (30) years with
the Convention and Visitors Bureau. Mrs Waterfield will retire in January 2006. When the current Visitor
Services Center was opened in 1988, Hester was the Director, She advanced and directed public relations
for the Convention and Visitors Bureau, as well as group tours, As the Visitor Services Center was
increasing in importance and required a number of improvements and programs, Hester was requested to
outline a long term vision for the Visitor Services Center,
Mrs, Waterfield provided information relative the duties of the Visitor Services Center. Approximately three
(3) years ago, Jim Ricketts, with the assistance of the City Council, reorganized the Convention and Visitors
Bureau. The City Council has received presentations from the other Divisions.
Visitors Center
Sherri Waghalter
Manager
Colleen Higginbotham
Visitor Center Supervisor
The Visitor Services Center employees five (5) Full Time Assistants, one (1) Part Time Assistant, and nine
(9) Volunteers contributing approximately thirty (30) hours per week.
Primary Responsibilities
Visitor Services Division
Visitor Centers
Hotel Standards/Complaint Response Process
Annual Tourism Industry Project
Consumer Travel Press
Locations and Hours
Main Site - 2100 Parks Avenue
Open 9-5 Daily
Extended hours in Summer
Chesapeake Bay Center - First Landing State Park
Open 9-5 Daily
Resort Area Kiosks (Seasonal)
17'h Street and the Boardwalk, 24th Street and Atlantic Avenue
Open 9-7 daily weekends only in May and September
June 7, 2005
- 6-
CITY MANAGER'S BRIEFING
VISITOR CENTER OPERATIONS
ITEM # 54004 (Continued)
Approximately thirty percent (30%) of the visitors to Virginia Beach do not have a preset accommodation,
On a daily basis, visitors come to the Center seeking those accommodations.
Services for Visitors
Provide specifics about accommodations, dining, attractions, special
events and transportation
Publish consumer newsletter
Provide information daily on availability of lodging, give
directions/provide maps
Sell tickets to special events
Sell locals trolley passes to residents
Record and process inquiries received by mail, via 1-800- VA BEA CH
andfrom www.vbfun.com
491-SUNN, Events Line
Participate in Consumer Trade Shows
Services to Industry
Listings in the Vacation Guide and on www.vbfun.com
Provide attraction brochures, all access entertainment guides and pad
maps (nominal fee)
Assist and provide hotel staffwith information on attractions, events,
shopping and dining
Rates and availability listing daily
Distribution of the Virginia Beach Hotel-Motel Association (VBHMA)
accommodations Directory
Operate Visitor Center locations daily
Industry Promotional Opportunities
Brochure Rack Space (no charge)
Duratran Displays for attractions and restaurants ($700 annually
per ad)
Victor Express Call Boardfor accommodations ($400 annually)
Access to Visitor Inquiries ($200 annually)
Annual Statistics 2004
Walk-In Visitors
Main Site
Chesapeake Bay Center
Oceanfront Kiosks
Total:
Web Visits
Phone/Main Inquiries
72,227
32,495
25,169
129.891
1,180,629
195,738
June 7, 2005
- 7-
CITY MANAGER'S BRIEFING
VISITOR CENTER OPERATIONS
ITEM # 54004 (Continued)
Lodging Standards
Annual Lodging Agreement
Complaint Process/Report Inspection Team
Written Complaints Processed
FY 2002 220
FY 2003 210
FY 2004 92
National Tourism Week
Annual Event - Established 1989
Recognizes Front Line Tourism Industry Employees
Fourteen (14) Award Categories
Public Relations
Budget FY 2004-05
Travel Press
Press Releases/Media Advisories
Site Visits by press
www.vbvressroom.com
Special Events 2004 - New York travel press brealifast, Media
marketplace opportunities and desk-side briefings
Comparative Analysis of Media Placement
(over $2.4-MILLION in 2004)
$395,000
239 Contacts as of December 2004
57 as of December 2004
Mrs. Waterfield introduced Jessica Rinck, her Liaison, Public Relations Account Supervisor - Barker,
Campbell & Farley.
New in Visitor Services
ATM
Building Renovations
Security system installed
New telephone system
Message Board
Children's play area
Boomerang to/from Williamsburg (Departs 24th Street): The
Virginia Department of Transportation (VDOT) and Hampton
Roads Transit (HRT) have joined forces due to funding
opportunities to run a motor coach from the Oceanfront to Busch Gardens
(3 times per day) and Williamsburg (2 times per day)
Visitor Services Operations Manual
Orientation and training tools for new employees
The Boomerang program will commence next week, June 13, 2005.
June 7, 2005
-8-
CITY MANAGER'S BRIEFING
VISITOR CENTER OPERATIONS
ITEM # 54004 (Continued)
Councilman Villanueva expressed appreciation to Hester Waterfield,for being an Ambassador for the City.
Seasonalforeign workers have evolved in Virginia Beach. Many of these workers have been utilized by the
resort businesses. An information clearing house is necessary for these visitors.
Mrs. Waterfield advised there have been numerous discussions with staff members and she listened to the
presentation to City Council by Star Travel. The young workers require more services than the Visitors
Center can provide with the current number of employees. 1300 individuals came to the Visitors Center and
there were 829 telephone calls during the Patriotic Festival,
Mr. Ricketts referenced the formation of an informational sheet, which would direct the students to the
proper office. The Hotel/Motel Association has formed a committee to work on these issues including
translating the City brochures into various languages. Mr. Ricketts suggested a central clearing house for
solving the majority of issues for students.
Councilman Maddox advised the Executive Director of the Hotel/Motel Association was in attendance. A
meeting was conducted on Friday, June 3, 2005, relative this situation. Councilman Maddox has fifty (50)
foreign students workingfor him, with two (2) living in his home. Councilman Reeve advised these students
are ambassadors of their countries,
Nancy Perry, Executive Director - Hotel/Motel Association, advised for the past two (2) years, the
Hotel/Motel Association has been compiling resources for the foreign workers in the industry. A pamphlet
containing the Mayor's letter, has been translated into six (6) different languages. Brochures on safety (both
bike and general) from the Police Department have been secured and are currently being translated. A
central clearing house and individual is missing. Mrs. Perry offered her office for this purpose, but
requested a City staff member and volunteer be provided. Mrs. Perry suggested Pam Lingle and Cornell
Fuller, A public building would be necessary to assemble and distribute the information to students i.e.
computer lab at the library,
City staff shall provide information relative legal issues i.e. VISA's and costs involved with establishing a
clearing house. A Briefing re International Seasonal Workers shall be scheduled for the City Council
Session of June 14, 2005.
Mayor Oberndorf expressed appreciation to Hester Waterfield for her unselfish dedication and years of
service to the City.
June 7, 2005
-9-
CITY COUNCIL LIAISON REPORTS
3:40 P.M.
ITEM # 54005
Councilman Reeve referenced the Resolution to express support and AUTHORIZE the City Manager to
negotiate a contract with Urban Land Institute (ULI) re a performance study for Village of Pungo.
Councilman Reeve distributed correspondence from the Pungo Village Landowners Association,
encompassing several pages of signatures. The correspondence, dated May 30, 2005, requests the assistance
of the Mayor and Members of City Council re creating a true Village of Pungo that will honor its heritage
and give it guidance for its future. The landowners agree that an Urban Land Institute (ULI) study of the
area would be the most beneficial way for assessing its possibilities and defining the village, All of the
information relevant to this area shall be supplied to ULI. The Joint Land Use Plan (JLUS) would be a
relevant document,
Councilman Reeve advised the Urban Land Institute cost would be $110,000.
Mayor Oberndorf requested the Navy be a participant in the study to express any concerns regarding
development, Mayor Oberndorf advised extension of water and sewer, roads and schools should also be
included in the discussion
The City Manager advised preliminary discussions were conducted with ULI relative cost. The cost of
$110,000 was the most expensive option (afive day process) and involved transporting the Panel from all
over the Country. The City Manager shall provide an itemized definition of costs.
ITEM # 54006
Council Members McClanan and Wilson met with representatives of the Francis Land House and
Thorougood House to discuss their recommendations concerning their reorganization to City Council.
Their recommendations shall be scheduled for a City Council Session.
June 7, 2005
\)
- 10-
CITY COUNCIL COMMENTS
3:54 P.M.
ITEM # 54007
Councilman Villanueva requested a Briefing relative the Hyatt Hotel and today 's (November 7, 2005) article
in the Virginian Pilot entitled: "Beach Officials Discussing Convention Center Hotel".
Vice Mayor Jones inquired relative this item being held in Closed Session. Deputy City Attorney Macali
advised Vice Mayor Jones this item could not be discussed in Closed Session as the relocation of a
convention center hotel had been released.
Jim Ricketts, Director - Convention and Visitors Bureau, advised the headline is not accurate, A
Headquarters Hotel is not a new issue. A Headquarters Hotel is defined as a hotel that is adjacent or
connected to the Convention Center. During the dialogue for the new Convention Center, there were many
discussions that a Headquarters Hotel would be an amenity. A Headquarters Hotel was included in the
Skidmore, Owings & Merrill (SOM) plan relative the 19'h Street Corridor, Mr. Ricketts advised
Headquarters Hotels are being built all over the country and normally involve some type of public
participation. There has been interest expressed in the past re a Headquarters Hotel. Developers or
investors reviewing the 19'h Street Corridor have inquired re the possibility of a Headquarters Hotel and if
a decision is made to contact them,
Relative the newspaper article, three entities are involved: Matt Winston, a local businessman and a
professional acquaintance ofMr, Ricketts, has started his own company, Tidewater Lodging; Piper Jaffray,
a major national financial underwriting firm, and Hyatt. Mr. Winston was reviewing the possibility of
developing a mid range hotel in the 17'h Street area. Mr. Winston referenced the Headquarters Hotel and
the possibility of an interest by Hyatt. Mr. Winston began his career at the Hyatt headquarters in Chicago.
Mr. Ricketts has not paid Matt Winston. Mr. Winston prepared proforma work and supplied same to Piper
Jaffray who visited Virginia Beach. Then a representative of Hyatt visited the area (last week of April or
first week of May), toured the Convention Center and was given a helicopter view of the City, The
representative complimented the Convention Center as being the best he had ever seen,
Al Hutchinson, Sales Administrator, Convention and Visitors Bureau, recently presented information relative
Convention Business where Marisa Taylor, reporter - The Virginian-Pilot, was in the audience. He
referenced the Headquarters Hotel issue, Through the Freedom of Information Act, information was
requested and released. Mr, Ricketts advised Mr. Hutchinson was requested to maintain a "lost business"
report relative the Headquarters Hotel issue, Concerning lost business, the article reflected in the past
eighteen (18) months, seventy-two (72) conventions that either the City bid on or were turned down because
of lack of a Headquarters Hotel, were not accepted because of lack of an adjacent hotel to the convention
center, Many of the conventions contained in the "lost business" report are only in the 2,000 to 3,000-
delegate range. The organizers and exhibitors would be staying in the Headquarters Hotel with the
remaining staying in the other Resort hotels,
Relative the Doubletree Hotel, Mr, Ricketts believes the Doubletree Hotel has been sold. Prudential went
to bid and received four (4) bids, Mr. Ricketts believes there will be fairly significant investment in the hotel,
but it will be a mid-range hotel, not a full service Convention Hotel.
Councilman Maddox advised funding does not appear to be available to even build a sidewalk for the 19'h
Street Corridor. Where will funding be found for a headquarters hotel?
The City Manager advised the City is not looking for individuals to build a Headquarters Hotel. The
representatives came to the City. Conversations involving investments are frequently discussed. The staff
is not soliciting business prior to discussions with City Council. The City Manager and staff are pleased an
organization like Hyatt is interested in the City.
June 7, 2005
- 11 -
CITY COUNCIL COMMENTS
ITEM # 54007 (Continued)
Vice Mayor Jones believes the Convention Center and the Headquarters Hotel would be preferable at the
Oceanfront,
Councilman Reeve advised that in his discussions with SOM in Chicago, a Convention Center Hotel is not
a necessity, but with a good corridor connected to the Oceanfront and an efficient transportation system,
every hotel could become a headquarters-hotel,
A Headquarters Hotel should be discussed during a City Council Session but not require a public subsidy.
June 7, 2005
- 12-
AGENDA RE VIE W SESSION
ITEM # 54008
4:42 P.M.
1.1. Resolution to express support and A UTHORIZE the City
Manager to negotiate a contract with Urban Land
Institute (ULI) re a performance study for Village of
Pungo
As per request of Mayor Oberndorf, *Section 3 shall be added:
"..3. That the United States Navv shall be invited to participate in the
studv and shall be afforded a full and complete opportunitv to express
anv concerns it mav have regarding potential development in the
area. "
Mayor Oberndorf also requested the Resolution encompass verbiage re the possible extension of City
services (water, sewer, roads) might have to be made available.
Councilman Reeve advised this issue would be articulated in the ULI Study. Councilman Reeve did not
agree with the inclusion of the statement re City services within the Resolution he is sponsoring.
Mayor Oberndorf and Councilman Schmidt shall vote NA Y.
ITEM # 54009
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
RESOLUTIONS/ORDINANCES
1.1. Resolution to express support and AUTHORIZE the
City Manager to negotiate a contract with Urban Land
Institute (ULI) re a performance study for Village of
Pungo
1.2. Ordinance to AUTHORIZE the HALL FAMILY
PARTNERSHIP a
temporary encroachment into portions of the rights-of way of Butternut Lane and Spruce Street to construct
and maintain a telephone pedestal and buried conduit to house fiber optic cable
1.3. Ordinance to ACCEPT / APPROPRIATE $507,998 in
state, federal and gift fund revenues to the FY Human
Services Operating Budget re additional mental health,
substance abuse and mental retardation services
1.4. Ordinance to APPROPRIATE $36,351 from Cost
Recovery Revenue and to ACCEPT and
APPROPRIATE $6,253 from Fire Department Gift
Fund to the Department's FY 2004-2005 Operating
Budget re various costs and fire programs and
increasing revenue accordingly,
June 7, 2005
- 13-
AGENDA RE VIE W SESSION
ITEM # 54009 (Continued)
I5. Ordinance to APPROPRIA TE $799,237 to FY 2005-06
Human Services Operating Budget and to provide eight
(8) full-time positions as follows:
a One time state general fund revenue
b State Supreme Court /Medicaid revenue
c Additional fee revenue
$ 173,109
$ 480,128
$ 146,000
I6. Ordinance to ACCEPTandAPPROPRIATE $5,000 in
Gift Fund Revenue to the 2004-2005 Public Libraries
Operating Budget re replacing conference room chairs
in the Central Library
I7. Ordinance to REVISE categorical appropriations for
School's re additional State / other revenue:
a. Reduce Instruction
b. Reduce Attendance and Health
c, Reduce Pupil Transportation
d. Reduce Operations and Maintenance
AND, APPROPRIA TE the folloWing:
a. School Grants
b, Athletic Special Revenue
c. Instructional Technology
d. Vending Operations
e. Textbook Fund
I8. EMS Permits for annual renewal:
a. Eastern Shore Ambulance
b, Nightingale Regional Air Ambulance
c. Network Medical
d. Children's Hospital of the King's Daughters
e. Medical Transport
f, Lifeline Ambulance Service, Inc.
$15,708,066
$ 534,949
$ 1,988,071
$ 4,809,444
$ 183,786
$ 242,731
$ 1,748,680
$ 31,000
$ 2,091,882
I9. Ordinance to AUTHORIZE one additional full-time
position and ELIMINA TE two part-time employee's re
stabilizing staffing at the Kempsville Library
Item II (Village of Pungo) shall be ADOPTED, AS REVISED, BY CONSENT.
Mayor Oberndorf and Councilman Schmidt shall vote NAY re Item II (Village of Pungo)
June 7, 2005
- 14-
ITEM # 54010
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION
pursuant to Section 2,l-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2.2-3711 (A) (1),
To Wit: Appointments: Boards and Commissions:
Arts and Humanities Commission
Beaches and Waterways Commission
Hampton Roads Economic Development Alliance
Health Services Advisory Board
Investment Partnership Advisory Committee
Minority Business Council
Open Space Subcommittee
Parks and Recreation Commission
Shore Drive Advisory Committee
Towing Advisory Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly-held property, or of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by such institution pursuant
to Section 2.2-3711(A)(3).
Acquisition/Disposition of Property:
Beach District
Rose Hall
PUBLIC CONTRACT: Discussion or consideration by a responsible public entity
or an affected local jurisdiction, as those terms are defined in Section 56-557, of
confidential proprietary records excludedfrom this chapter pursuant to Section 2.2-
3705,6(11) AND Discussion of the award of a public contract involving the
expenditure of public funds, and discussion of the terms or scope of such contract,
where discussion in an open session would adversely affect the bargaining position
or negotiating strategy of the public body.
Lobbying Contract
PROSPECTIVE BUSINESS ORINDUSTRY: Discussion concerning a prospective
business or industry where no previous announcement has been made of the business'
or industry's interest in locating in the community pursuant to Section 2.2-3 711 (A)(5)
Potential EDIP Award to Business not Previously Announced
June 7, 2005
- 15 -
ITEM # 54010 (Continued)
Upon' motion by Council Lady Wilson, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION (4:50 P.M.).
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
(Closed Session: 4:50 P.M. - 5:45 P.M.)
(Dinner: 5:45 P.M. - 6:05 P.M.)
June 7, 2005
-16-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 7, 2005
6:10 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 7, 2005, at 6: 1 0 P.M
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L.
Wood
Council Members Absent:
None
INVOCATION: Master Monk Thich Thong Kinh
Buddhist Temple
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingjirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters
in which she might have an actual or potential conflict, If, during her review she identifies any matters, she
will prepare and jile the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty, Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and ofwhich she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare andjile the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January
27,2004, is hereby made a part of the record.
June 7, 2005
-17-
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 54011
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council *CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council,
*(One item only - Public Contract: Lobbying Contract)
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 7, 2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 54010, page 14, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~/~~k
R Hodges SmIth, MMC
City Clerk
June 7, 2005
- 18-
Item V-F.1.
MINUTES
ITEM # 54012
Upon motion by Council Lady Wilson, seconded by Councilman Reeve, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of May 24,2005.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron
A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf* an d James L. Wood
* Mayor Oberndorf VERBALLY ABSTAINED.
Mayor Oberndorf and Councilman Wood ABSTAINED as they were not in attendance during the City
Council Session of May 24, 2005. Mayor Oberndorf and Councilman Wood were attending an Economic
Development Conference in Las Vegas,
June 7, 2005
- 19-
Item V-F. 2.
ITEM # 54013
Mayor Oberndorf, introduced Dennis Borgerding, Teacher - Kemps Landing Magnet School, accompanied
by his students.
Mr. Borgerding advised his class is currently researching City Government. The best way to learn is to
witness the Government in action. The class is also in the process of "redesigning" Virginia Beach, as if the
merger just occurred (January 1, 1963), Mr. Borgerding commended the City and staff Educational E-mails
have been received from Fire Chief Gregory Cade, Police Lieutenant Max Hayden, Rick Rowe - Parks
Operations and Services, Robert Ruhl- Economic Development, Mark Wawner - Economic Development,
as well as the Agricultural Department and School Administration. The students have made excellent use
of the City's web site: www, vb~ov. com Mr. Brogerding wished to express his appreciation for the City's
assistance relative this educational initiative and especially relative preserving Kemps Landing Magnet
School.
Mayor Oberndorf advised David Sullivan, Chief Information Officer, recently retired from the City after
thirty~three (33) years of service. Mr. Sullivan attended the Kempsville Schools.
June 7, 2005
- 20-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 54014
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 7, 2005
- 21 -
Item V-L
RESOLUTION/ORDINANCES
ITEM # 54015
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE
MOTION Items 1 (AS REVISED), 2, 3, 4, 5a/b/c, 6, 7a-e, 8a-f and 9 of the CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Mayor Oberndorf and Councilman Schmidt voted a VERBAL NAY on Item II (Village of Pungo)
June 7, 2005
- 22-
Item V-L1.
RESOLUTION/ORDINANCES
ITEM # 54016
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, AS
REVISED*:
Resolution to express support and AUTHORIZE the City Manager to
negotiate a contract with Urban Land Institute (ULI) re a performance
study for Village of Pungo
* Section 3 shall be added:
"..3, That the United States Navv shall be invited to participate in the
studv and shall be afforded a full and complete opportunitv to express
anv concerns it mav have ref!ardinf! potential development in the
area."
Voting:
9-2 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Peter W Schmidt
Council Members Absent:
None
June 7, 2005
1 SUBSTITUTE RESOLUTION
2
3 REQUESTED BY COUNCILMEMBER JIM REEVE
4
5
6 A RESOLUTION EXPRESSING SUPPORT
7 FOR A LAND USE STUDY REGARDING THE
8 "VILLAGE OF PUNGO"
9
10 WHEREAS/ the area of the City traditionally known as Pungo
11 has considerable historical and aesthetic value and also serves
12 as is a gateway to the rural southern portion of the City; and
13 WHEREAS/ because of its uniqueness/ history and ambience/
14 Pungo has the potential to become a showcase for village-style
15 development through the application of land use concepts that
16 encourage its historical/ cultural and aesthetic values to be
17 preserved and enhanced; and
18 WHEREAS/ the Pungo Landowners/ Association has expressed
19 the collective desire of property owners in the area that the
20 City perform a study of land use and related topics in the Pungo
21 area with a view to creating a village-style land use plan for
22 Pungo; and
23 WHEREAS/ the City has previously worked successfully with
24 the Urban Land Institute in performing the Shore Drive Corridor
25 Study;
26 NOW/ THEREFORE/ BE IT RESOLVED BY THE COUNCIL OF THE CITY
27 OF VIRGINIA BEACH/ VIRGINIA:
28
1.
That the City Council hereby expresses its support of
29 a Pungo Village Land Use Study, to be performed by the Urban
30 Land Institute in conjunction with the CitYi and
31
2.
The
City Manager,
or
his
designee,
is
hereby
32 authorized and directed to contact the Urban Land Institute and
33 to negotiate the terms of an agreement between the City and the
34 Institute for the performance of such a study.
35
3 .
That the United States Navy shall be invited to
36 participate in the study and shall be afforded a full and
37 complete opportunity to express any concerns it may have
38 regarding potential development in the area.
39
40
Adopted by the Council of the City of Virginia Beach,
41
Virginia, on the 7th
day of June
, 2005.
CA-9638
OIDjordresjpungovillageres.doc
R-2
June 7, 2005
APPROVED AS TO LEGAL SUFFICIENCY:
City t!lr/k:;1!L1~~
2
- 23-
Item V-L2.
RESOLUTION/ORDINANCES
ITEM # 54017
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to AUTHORIZE the KENNETH A. HALL FAMILY
LIMITED PARTNERSHIP a temporary encroachment into portions
of the rights-of way of Butternut Lane and Spruce Street to construct
and maintain a telephone pedestal and buried conduit to house
fiber optic cable
The following conditions shall be required:
1, The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such notice
is given, the temporary encroachment must be removed from the
encroachment area by the applicant and the applicant will bear
all costs and expenses of such removal.
2. The applicant shall indemnifY and hold harmless the City, its
agents and employees from and against all claims, damages,
losses and expenses, including reasonable attorney'sfees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment
3. Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant
4. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
5. The applicant agrees to submit and have approved a traffic
control plan before commencing work in the encroachment area.
6. The applicant agrees that no open cut of the public roadway will
be allowed except under extreme circumstances, Requests for
exceptions must be submitted to the Highway Operations
Division, Department of Public Works, for final approval.
7. The applicant agrees to obtain a permit from the Planning
Department prior to commencing any construction within the
encroachment area.
June 7, 2005
- 24-
Item V-I.2.
RESOLUTION/ORDINANCES
ITEM # 54017 (Continued)
8. Prior to issuance of a right-ofway permit, the applicant must
post sureties in accordance with the project engineer's cost
estimate, to the Office of Development Services Center/Planning
Department.
9. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies. The applicant must provide endorsements
providing at least thirty (30) days I written notice to the City prior
to the cancellation or termination of, or material change to, any
of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
10. The temporary encroachment must conform to the minimum
setback requirements as established by the city,
11. The applicant shall submit for review and approval a survey of
the area being encroached upon, certified by a registered
professional engineer or a licensed land surveyor and/or "as
built" plans of the temporary encroachment, sealed by a
registered Professional Engineer, if required by the City
Engineer's Office.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 7, 2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 PORTIONS OF THE RIGHTS-OF-WAY
6 KNOWN AS BUTTERNUT LANE AND
7 SPRUCE STREET BY THE KENNETH
8 A. HALL FAMILY LIMITED
9 PARTNERSHIP, A VIRGINIA LIMITED
10 PARTNERSHIP, ITS ASSIGNS AND
11 SUCCESSORS IN TITLE, AND
12 VIRGINIA W. CORNICK, HER HEIRS,
13 ASSIGNS AND SUCCESSORS IN
14 TITLE
15
16 WHEREAS, The Kenneth A. Hall Family Limited Partnership, a Virginia limited
17 partnership, and Virginia W. Cornick, desire to construct and maintain a telephone
18 pedestal and 4" buried conduit for telephone lines and computer cables to house fiber
19 optic cable within the City's rights-of-way known as Butternut Lane and Spruce Street.
20 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107,
21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
22 City's right of way subject to such terms and conditions as Council may prescribe.
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That pursuant to the authority and to the extent thereof contained in ~~ 15.2-
26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, The Kenneth A. Hall Family
27 Limited Partnership, a Virginia limited partnership, its assigns and successors in title,
28 and Virginia W. Cornick, her heirs, assigns and successors in title are authorized to
29 construct and maintain temporary encroachments for a telephone pedestal and 4"
30 buried conduit for telephone lines and computer cables to house fiber optic cable in the
31 City's rights-of-way as shown on the maps entitled: Exhibit "A", Exhibit "B" and Exhibit
32 "C", copies of which are on file in the Department of Public Works and to which
33 reference is made for a more particular description; and
34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
35 subject to those terms, conditions and criteria contained in the Agreement between the
36 City of Virginia Beach and The Kenneth A. Hall Family Limited Partnership, a Virginia
37 limited partnership, and Virginia W. Cornick (the "Agreement"), which is attached hereto
38 and incorporated by reference; and
39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
40 is hereby authorized to execute the Agreement; and
41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
42 time as The Kenneth A. Hall Family Limited Partnership, a Virginia limited partnership,
43 and Virginia W. Cornick and the City Manager or his authorized designee execute the
44 Agreement.
45 Adopted by the Council of the City of Virginia Beach, Virginia, on the
46 7 th day of June
,2005.
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
APPROVED AS TO CONTENTS
~s; C. (~1.'l
GNATURE
PW REd fs-/cLTt
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
i!{{~fjJfM
CA- qS~~
PREPARED: 5113105
X: I Projects Encroachments I Applicants I The Kenneth A. Hall Family LP Telephone line ~ RBI
Ordinance Encroachment.Frm.doc
F:IDataIATYIOrdinINONCODElpw ORDINICA9523 The Kenneth A. Hall Family Limited Partnership.
doc
2
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA nON TAXES
UNDER SECTION 58.1-811(c) (3)
THIS AGREEMENT, made this ~ day of A ~-\ L
, 2005, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and THE KENNETH A. HALL FAMILY LIMITED PARTNERSHIP, a Virginia limited
partnership, ITS ASSIGNS AND SUCCESSORS IN TITLE, and VIRGINIA W. CORNICK,
HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than
one.
WIT N E SSE T H:
That, WHEREAS, the The Kenneth A. Hall Family Limited Partnership, Grantee,
is the owner of those certain lots, tracts, or parcels of land designated and described as Block 1
and Block 2, Jacksondale Subdivision, as shown on that certain plat recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 55, at page 24
and being further designated and described as 3745 and 3757 Bonney Road, Virginia Beach,
Virginia 23452, GPINS 1487-43-1975 and 1487-43-4791 (F/K/A 1487-43-4901);
That, WHEREAS, Virginia W. Cornick is the owner and The Kenneth A. Hall
Family Limited Partnership has a ground lease interest in that certain lot, tract, or parcel of land
designated and described as Block 3, as shown on Map Book 2, page 51 recorded in the above-
referenced Clerk's Office and being further designated and described as GPIN 1487-43-7783,
located on Bonney Road, Virginia Beach, Virginia;
GPINS No GPIN Assigned for Butternut Lane and Spruce Street Rights Of Way
1487-43-1975, 1487-43-4791 (FIK/A 1487-43-4901) and 1487-43-7783
WHEREAS, it is proposed by the Grantee to construct and maintain 4" buried
conduit for telephone lines and computer cables to house fiber optic cable and a telephone
pedestal, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into portions of existing City rights of way known as
Butternut Lane and Spruce Street "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
Temporary Encroachments into The Encroachment Area as shown
on those certain plats entitled: "ENCROACHMENT PLAT OF
TELEPHONE LINE AND FIBEROPTIC CABLE ACROSS
BUTTERNUT LANE VIRGINIA BEACH, VIRGINIA MA Y 5,
2005," "ENCROACHMENT PLAT OF TELEPHONE LINE AND
FIBEROPTIC CABLE ACROSS SPRUCE STREET VIRGINIA
BEACH, VIRGINIA MAY 5, 2005," and "ENCROACHMENT
PLAT OF TELEPHONE LINE AND FIBEROPTIC CABLE
ACROSS BUTTERNUT LANE & SPRUCE STREET VIRGINIA
BEACH VIRGINIA MAYS, 2005," copies of which are attached
hereto as Exhibits "A", "B" and "C" and to which references are
made for a more particular description.
2
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnity and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit and
have approved a traffic control plan before commencing work in The Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that no open
cut of the public roadway will be allowed except under extreme circumstances. Requests for
exceptions must be submitted to the Highway Operations Division, Department of Public Works,
for final approval.
3
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within The
Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of
way permit, the Grantee must post a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
4
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, The Kenneth A. Hall Family Limited Partnership, a
Virginia limited partnership, has caused this agreement to be executed by Kenneth A. Hall,
Managing General Partner, with due authority to bind said limited partnership, and Virginia W.
Cornick, Grantee, has caused this Agreement to be executed by her signature. 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:
5
City Clerk
THE KENNETH A. HALL F AMIL Y
LIMITED PARTNERSHIP, a Virginia
lum~Z;
By! aY(cp~
~nneth A. Hall
Managing General Partner
, j /-;) ,
i ., , .' / V '
By :'~,~>(l~L(~/ . r~CtTi.A.u--!.4J
Virginia W. Cornick
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
,
I
Ute foregoing instnunent was acknowledged before me this __ day of
_~ 2005, by
DESIGNEE OF mE CITY MANAGER.
___~ CITY MANAGERJAUmORlZED
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-"it:
The foregoing instrument was acknowledged before me this day of
_, 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
<"
ii.~
AIA:TE OF \/.. - ~ "
r CrrY~Q0'NTY Of JJ!1LjrtUc l:!~()/;~to~v.';,t:
'.--' The fOiegOin~ instrument was acknowledged before me this ~t~ day of
c71p-til , 2005, by Kenneth A. Hall, Managing General Partnet~ on behalf of THE
KENNETH A. HALL FAMILY LIMITED PARTNER~HIP, a Virginia limited partnership.
A&chft (Q )} 0llL~Jirt'
Notary Public
My Commission Expires:
STATE OF
CITY/COUNTY OF I//orh/Ic
-3 to-Ylit:
The foregoing instrument was acknowledged before me this a~ day of
~;f/
, 2005, by Virginia W. Cornick.
/}1/} /7
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FOR A TELEPHONE LINE
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AND A TELEPHONE PEDESTAL IN BUTTERNUT LANE ,487
GPINS 1487-43-1975, 1487-43-4791
(F.K.A. 1487-43-4901) AND 1487-43-7783
SCALE: 1" = 200'
KENNETH HALLDGN M.j.S,
PREPARED BY P;W ENG, CADD DEPT,
APRIL 14,2005
- 25 -
Item V-L3.
RESOLUTION/ORDINANCES
ITEM # 54018
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to ACCEPT / APPROPRIATE $507,998 in state,Jederal
and gift fund revenues to the FY Human Services Operating Budget re
additional mental health, substance abuse and mental retardation
services
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 7, 2005
1
2
3
4
5
6
7
8
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$507,998 IN STATE, FEDERAL, AND GIFT FUND
REVENUES TO THE FY 2004-05 DEPARTMENT OF
HUMAN SERVICES OPERATING BUDGET TO
PROVIDE ADDITIONAL MENTAL HEALTH,
SUBSTANCE ABUSE, AND MENTAL RETARDATION
SERVICES
9
WHEREAS, additional funds from numerous sources are
10 available to the Department of Human Services to provide mental
11 health, mental retardation, and substance abuse services;
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14
1. That $192,768 in additional state revenue is hereby
15 accepted and appropriated to the FY 2004-05 Department of Human
16 Services budget to provide critical services for young juvenile
17 offenders and medically fragile adults with mental retardation, to
18 purchase a wheelchair and medical equipment for a consumer, and to
19
provide
department
specific
disaster
preparedness
20 planning/training, with state revenue hereby increased accordingly.
21
2.
That $8,676 In additional federal revenue is hereby
22 accepted and appropriated to the FY 2004-05 Department of Human
23 Services Budget for a 0.5 FTE to begin Mental Health PATH program
24 expansion to serve the homeless population with mental health and
25 substance abuse problems, with federal revenue hereby increased
26 accordingly.
27
3.
That $32,090 in Alzheimer's Association grant funds,
28 Knights of Virginia Assisting Citizens with Mental Retardation
29
grant
funds,
and additional Mental Retardation gift
fund
30 contributions are hereby accepted and appropriated to the FY 2004-
31 05 Department of Human Services budget to provide respite
32 reimbursement for families caring for members with Alzheimer's
33 Disease, ten computers and a variety of assistive software devices
34 to serve Skillquest clients, and to purchase items for the
35 Skillquest Memorial Garden, with gift fund revenue hereby increased
36 accordingly.
37
4.
That $208,268 in additional Medicaid Revenue and
38 $66,196 in additional Self-Pay Client Fees are hereby accepted and
39 appropriated to the FY 2004-05 Department of Human Services budget
40 to provide services for medically fragile persons with Mental
41 Retardation at the Intermediate Care Facility, for persons with
42 Mental Retardation residing in Supported Living Homes, and for
43 family support services through Play and Leisure Skills Center,
44 with Medicaid revenue hereby increased accordingly.
45
5.
That a 0.5 FTE, federally funded Clinician I
46 position is hereby established In the FY 2004-05 Department of
47 Human Services budget.
48 Adopted by the Council of the City of Virginia Beach,
49
Virginia, on the 7th
day of June
, 2005.
50 Requires an affirmative vote by a majority of the members of City
51 Council.
Approved As to Content:
Approved As To Legal
SU~Jj; frfM
City Attorney's Office
~ c. ~A 1);18
Management Services
CA9614
P&A/GG/ORDRES/DHS Budget.ORD
R-3
May 26, 2005
- 26-
Item V-I. 4.
RESOLUTION/ORDINANCES
ITEM # 54019
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to APPROPRIATE $36,351 from Cost Recovery Revenue
and to ACCEPT and APPROPRIATE $6,253 from Fire Department
Gift Fund to the Department's FY 2004-2005 Operating Budget re
various costs and fire programs and increasing revenue accordingly.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 7, 2005
1
2
3
4
5
6
7
AN ORDINANCE TO APPROPRIATE $36,351 FROM
COST RECOVERY REVENUE AND TO ACCEPT AND
APPROPRIATE $6,253 FROM THE FIRE
DEPARTMENT GIFT FUND TO THE FIRE
DEPARTMENT'S FY 2004-05 OPERATING BUDGET
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
1)
That $36,351 in cost recovery revenue is hereby
10 appropriated to the Fire Department's FY 2004-05 Operating
11 Budget for reimbursement of various costs, with miscellaneous
12 revenue increased accordingly.
13
2) That $6,253 in additional gift fund revenue is hereby
14 accepted and appropriated to the Fire Department's FY 2004-05
15 Operating Budget to support several fire programs with gift fund
16 revenue increased accordingly.
17
Adopted by the Council of the City of Virginia Beach,
18 Virginia on the 7th
day of June ,2005.
Approved As to Content:
Approved As To Legal
Sufficiency:
~ c Il~~ r /);4J3
, "
Management Servlces
-UJ ~ M f1J
City Attorney's Office
CA9629
PA/GG/ORDRES/Fire Dept. Budget Ord
R-2
May 26, 2005
-27-
Item V-L5a/b1c.
RESOLUTION/ORDINANCES
ITEM # 54020
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to APPROPRIATE $799,237 to FY 2005-06 Human
Services Operating Budget and to provide eight (8) full-time positions
as follows:
a One time state general fund revenue
b State Supreme Court IMedicaid revenue
c Additional fee revenue
$ 173,109
$ 480,128
$ 146,000
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E, Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E, Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 7, 2005
_mJ
1 AN ORDINANCE TO APPROPRIATE $799,237 IN STATE
2 AND FEE REVENUES TO THE FY 2005-06 DEPARTMENT
3 OF HUMAN SERVICES OPERATING BUDGET TO PROVIDE
4 ADDITIONAL MENTAL HEALTH AND SUBSTANCE ABUSE
5 SERVICES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
1. That $799,237 is hereby appropriated to the FY 2005-
10 06 Department of Human Service Operating Budget to provide critical
11 crisis services to persons with co-occurring substance abuse and
12 mental disorders, requiring medically monitored detoxification and
13 intensive emergency crisis intervention and stabilization, with the
14 following revenue sources hereby increased accordingly:
15 a. $173,109 in one-time state general fund revenue.
16 b. $480,128 In State Supreme Court and Medicaid revenue.
17 c. $146,000 in additional fee revenue.
18
2.
That 8.00 full-time positions are hereby established
19 in the FY 2005-06 Department of Human Services budget.
20
3.
That the expanded Recovery Center program shall be
21 evaluated at the end of FY 2005-06 and FY 2006-07 for self-
22 sufficiency, sustainability, and non-reliance on City general fund
23 revenue.
24 Adopted by the Council of the City of Virginia Beach,
25 Virginia, on the 7th
day of
June
, 2005.
26 Requires an affirmative vote by a majority of the members of City
27 Council.
Approved As to Content:
CA9630
pa/gg/ordres/mental health svcs ord
R-1
June 1, 2005
Approved As To Legal
Sufficiency:
~~~e
- 28-
Item V-I. 6
RESOLUTION/ORDINANCES
ITEM # 54021
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $5,000 in Gift Fund
Revenue to the 2004-2005 Public Libraries Operating Budget re
replacing conference room chairs in the Central Library
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 7, 2005
1 AN ORDINANCE AUTHORIZING ONE
2 ADDITIONAL FULL-TIME POSITION AND
3 ELIMINATING TWO PART-TIME FTE's IN
4 THE FY 2005-06 OPERATING BUDGET OF
5 THE LIBRARY DEPARTMENT TO STABILIZE
6 STAFFING AT THE KEMPSVILLE LIBRARY
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
1.
That one full-time Library Information Specialist I
10 position is added to, and two part-time Library Information
11 Specialist I positions are eliminated from, the FY 2005-06
12 Operating Budget of the Library Department to stabilize staffing at
13 the Kempsville Library.
14
2 .
That this ordinance shall be effective on July 1, 2005.
15
Adopted by the Council of the City of Virginia Beach, Virginia
16 on the 7th
day of June
2005.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~ L /J~ tv}JAjJ
Department of Mana~ement
Services
Clty
CA 9625
PA!GG!ORDRES!Kemps. Library Staffing ORD
R-l
May 24, 2005
- 29-
Item V-I. 7.
RESOLUTION/ORDINANCES
ITEM # 54022
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to REVISE categorical appropriations for School's re
additional State / other revenue:
a. Reduce Instruction
b. Reduce Attendance and Health
c. Reduce Pupil Transportation
d. Reduce Operations and Maintenance
$15,708,066
$ 534,949
$ 1,988,071
$ 4,809,444
AND, APPROPRIATE thefollowing:
a. School Grants
b. Athletic Special Revenue
c, Instructional Technology
d. Vending Operations
e, Textbook Fund
$ 183,786
$ 242,731
$ 1,748,680
$ 31,000
$ 2,091,882
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E, Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 7, 2005
1 AN ORDINANCE TO REVISE CATEGORICAL
2 APPROPRIATIONS FOR THE SCHOOL OPERATING
3 FUND AND AMEND THE CITY'S FY 2005-06
4 OPERATING BUDGET TO APPROPRIATE
5 $4,298,079 IN ADDITIONAL REVENUE
6
7 WHEREAS, the City's FY 2005-06 Operating Budget as
8 approved by City Council on May 10, 2005, required the Schools
9 to reduce the Schools' FY 2005-06 Operating Budget by
10 $23,040,530; and
11
WHEREAS, $4,298,079 in additional state and local
12 funds are available to the Virginia Beach City Public Schools
13 for grants and other special purposes; and
14
WHEREAS, a resolution to revise the categorical
15 appropriations in the School Operating Fund and to appropriate
16 additional funds to the Schools grant and other special revenue
17 funds was approved by the School Board on May 17, 2005.
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
19 CITY OF VIRGINIA BEACH, VIRGINIA:
20 1. That the City Council reduction of $23,040,530 is
21 hereby allocated to the following categories in the FY 2005-06
22 School Operating Budget:
23 (a) appropriations to the Instruction category are
24 decreased by $15,708,066, resulting in a total appropriation of
25 $477,897,715;
26
(b) appropriations to the Administration, Attendance
27 and Health category are decreased by $534,949, resulting in a
28 total appropriation of $20,913,234;
29
(c) appropriations to the Pupil Transportation
30 category are decreased by $1,988,071, resulting in a total
31 appropriation of $26,058,974; and
32
(d) appropriations to the Operations and Maintenance
33 category are decreased by $4,809,444, resulting in a total
34 appropriation of $77,542,313.
35
2.
That $4,105,390 in additional local revenue,
39
$123,683 in additional state revenue, and $69,006 in other
revenue are hereby appropriated to the FY 2005-06 School
Budget, to the following funds in the following manner:
$183,786 to the School Grants Fund, $242,731 to the School
Athletic Special Revenue Fund, $1,748,680 to the School
36
37
38
40
41 Instructional Technology Fund, $31,000 to the School Vending
42 Operations Fund, and $2,091,882 to the School Textbook Fund.
43 Local and state revenue are increased accordingly.
44 Adopted by the Council of the City of Virginia Beach,
45
Virginia, on the 7th
day of June
, 2005.
46 Requires an affirmative vote by a majority of the members of
47 City Council.
Approved As to Content:
Approved As To Legal
TJ57j;:fI. N~'
City Attorney's Office
j:J~(1 ~
Management Services
CA9627
PA!GG!ORDRES!Revised School Budget ORD
R-3
May 31, 2005
BUDGET RESOLUTION
WHEREAS, 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
WHEREAS, the School Board has adopted a comprehensive strategic plan and school
improvement priorities to guide budgetary decisions; and
WHEREAS, the School Board has studied the recommended School Operating Budget in
view of state and federal requirements, additional demands for space and operations, the
strategic plan, priorities, expectations, competitive compensation for employees and the best
educational interests of its students; and
WHEREAS, the total funds ~vailab1e for FY 2005/06 from the City of Virginia Beach to
Virginia Beach City Public Schools under the Revenue Sharing Policy after the real estate rate
reduction is $327,223,360; and
WHEREAS, these funds are to be used for school Debt Service payments, cash funding of
the Capital Improvement Programs (CIP), Operating Budget Support; and
WHEREAS, the debt service payment is estimated to be $40,912,433 leaving a balance of
$286,310,927 to allocate between the Operating Budget and the Capital Improvement
Program; now, therefore, be it
RESOLVED: That the $286,310,927 be allocated as follows: $ 268,713,519 to the
Operating Budget, and $ 17,597,408 to the Capital Improvement Program (CIP); and be it
further
RESOLVED: That the Virginia Beach City School Board requests a categorical
appropriation of $ 602,412,236 for FY 2005/06 from the City Council of Virginia Beach for
the 2005/06 - 2006-07 Biennial School Operating Budget, as outlined by category:
Instruction $ 477,897,715
Administration, Attendance and Health 20,913,234
Pupil Transportation 26,058,974
Operations and Maintenance 77,542,313
and be it further
RESOLVED: That the Virginia Beach City School Board requests an appropriation of
$105,224,766 for special grants, and other special revenue funds, for the 2005-2006 fiscal
year; and be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this
Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,
each member of City Council, the City Manager, and the City Clerk.
Adopted by the School Board this 17th day of May, 2005
SEAL
Daniel D. Edwards, Chairman
Attest:
Dianne Page Alexander, Clerk of the Board
+IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
Daniel D, Edwards
Chairman
District 1 - Centerville
1513 Beachview Drive
V A Beach, V A 23464
495-3551 (h). 717-0259 (cell)
Sandra Smith-Jones
Vice Chairman
District 2 - Kempsville
705 Rock Creek Court
V A Beach, V A 23462
490-8167 (h)
Rita Sweet Bellitto
At-Large
P.O. Box 64909
VA Beach, VA 23467
418-0960 (h)
Jane S, Brooks
District 6 - Beach
721 Hilltop Road
VA Beach, V A 23454
425-1597 (h)
Emma L "Em" Davis
District 5 - Lynnhaven
1125 Michaelwood Drive
V A Beach, VA 23452
340-8911 (h)
Edward F. Fissinger, Sr.
At-Large
412 Becton Place
V A Beach, V A 23452
486-4567 (h)
Dan R. Lowe
District 4 - Bayside
4617 Red Coat Road
V A Beach, V A 23455
490-3681 (h)
Michael W. Stewart
District 3 - Rose Hall
105 Brentwood Court
V A Beach, V A 23452
498-4303 (h) . 445-4637 (w)
Arthur T, Tate
At-Large
1709 Ladysmith Mews
V A Beach, V A 23455
460-5451 (h)
Carolyn D. Weems
At-Large
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
Lois S. Williams, Ph.D.
District 7 - Princess Anne
2532 Las Corrales Court
VA Beach, VA 23456
233-0891 (w)
SUPERINTENDENT
Timothy R, Jenney, Ph,D,
2512 George Mason Drive
VA Beach, VA 23456
263-1007
May 24, 2005
,tv
The Honorable Meyera Oberndorf, Mayor
Members of City Council
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
Dear Mayor Oberndorf and Members of City Council:
The Virginia Beach public schools' operating budget with $602 million for fiscal
year 2005-2006 was approved by the School Board on Tuesday, May 17. This
spending plan reflects a $23 million reduction from the proposal originally
submitted to City Council in March.
While the School Board understands and appreciates City Council's
-determination to roll back the real estate tax because of its commitment to
provide the citizens of this city much needed relief from rising real estate
assessments, we feel that Council should understand exactly how the school
system executed this reduction. You need to know what was given up, what
won't be accomplished, and what we will be accomplishing within the new
budgetary parameters.
Before I outline this specifically, I feel it important that we clarify a key point. Even
with the cut, Virginia Beach City Public Schools' operating budget will increase
$26.7 million - $14.4 million from the state and $12.3 from the City. This fact has
prompted some to ask: If our budget is increasing $26.7 million, why can't that
amount or most of it be dedicated to preserving the 7 percent salary increase
originally proposed by the School Board?
In answer, in a school system of this size each 1 percent given in a salary
increase requires an outlay of $4.1 million. Even if we dedicated all $26.7 million
toward the salary increase, that wouldn't pay the bill for a 7 percent increase.
Salary increase aside, it will also cost another $4 million to increase the
employee health care subsidy as originally planned, and still another $4 million to
address the increase in the Virginia Retirement System (VRS) rate. As you can
see, it will take almost all of the $26 million increase to give employ,ees a
reasonable raise, adjust their health care subsidy to attempt to minimize disparity
with the city and underwrite the increased costs VRS is implementing. In
summary, there was very little additional discretionary money left over to address
other pressing needs, such as the highly inflationary costs of fuel, for example.
School Administration Building . 2512 George Mason Drive . p.o, Box 6038 . Virginia Beach, VA 23456-0038
The Honorable Meyera Oberndorf, Mayor
Members of City Council
May 24, 2005
Page 2 of 3
When the School Board sent its initial budget proposal to City Council in March, it
contained some very ambitious programs designed to take Virginia Beach City Public
Schools further down the road to world class status. These programs included a class
size reduction initiative at the fourth and fifth grade level. We proceeded in this manner
because the state's K-3 initiative has resulted in smaller class sizes in the lower primary
grades and it was our collective feeling, supported by research, that it would be
beneficial to extend that reduction to grades four and five. Other initiatives in that original
budget included: improved baselines to provide an adequate replacement cycle for
buses and vehicles, office equipment and musical instruments; additional security
positions for after school high school activities, bus drivers and special education
teacher assistants; an increase in allocations to schools for additional supplies; and an
increase in the maintenance and ground services areas.
Obviously, the elimination of $23 million mandated that the School Board revisit the
budget. The end result of that discussion was a decision to trim the recommended
employee raise from 7 percent to 4.5 percent of the employees' base salaries by
reducing the amount of employer support of health insurance premiums. The resulting
increase in the healthcare subsidy was reduced from $4,430 proposed in March to
$4,100 - an increase of only 6.4 percent. The only enhancements to programs for
children that were retained in the new operating budget were the Extended Day Program
at Bettie F. Williams and Newtown Road elementary schools and establishment of a
Global Studies and World Languages Academy at Tallwood High School. The Board
retained these two initiatives because it believes both represent important ways to
enhance learning at the elementary level and student engagement at the high school
level. As you may be aware, there is now significant discussion at the national level on
high school reform. We feel we are ahead of the curve in this regard with our seven high
school academy programs designed to create opportunities that better serve our
students in preparation for college and even a desired career field. The Extended Day
Program, developed with collaboration with Parks and Recreation, will serve the two
elementary schools that have the highest number of school children in the free and
reduced price lunch.
All other program improvements had to be discarded. The current funding level cannot
provide the extra teaching positions needed for a class size reduction initiative. It cannot
provide the additional specialty positions-special education teaching assistants,
psychologists, social workers and an audiologist-- that were originally included to meet
some of the needs that children are now bringing to school. It cannot accommodate the
additional security assistants requested for after school activities at the high schools. It
cannot accommodate the augmentation of baselines for buses, vehicles, musical
instruments and other equipment. We will once again be forced to rely on year-end
monies to accomplish that goal, which we all realize is not the best way to do business.
The Board acknowledges that a philosophy of fiscal conservatism is prevalent in this
community. Consequently, there are those who feel quite strongly that the operating
budget of the city government and its school system should support that desire. In other
words, they voice the opinion that little or no growth should take place in the operating
budgets. Citizens express this in language that stresses "priorities," "tough choices,"
and "streamlining," The School Board does have a responsibility to its taxpayers and we
understand the perception that in an era of declining enrollment our needs should reflect
that trend. However, there is wisdom in strategic investment. Virginia Beach is a better
city because of your commitment to intelligently leveraging your investments. The
The Honorable Meyera Oberndorf, Mayor
Members of City Council
May 24, 2005
Page 3 of 3
School Board strongly believes there is also wisdom in consciously choosing to expand
your per pupil expenditure - beyond the current level that finds Virginia Beach ranking
dead last in Hampton Roads and 45th in the state.
However, your school system operates under very different conditions. With personnel
costs requiring 85 percent of the school operating budget (as compared to less than 50
percent of the City operating budget), it is virtually impossible to provide the quality of
programs and services the citizens have come to expect from the school system without
increases in salaries and benefits for those who provide and support those programs
and services. We maintain recurring replacement that should be in the operating
budget through judicious use of reversions and actual over budget funds that must be
requested to be reprogrammed back to us. Our capital needs just can't be met. We
demonstrate over and over that Virginia Beach children are coming to us with more
needs than ever before as witnessed by a rising special education population and a
rising number of children on free and reduced price lunch. We explain constantly that we
are operating in an environment of increasing federal and state regulation that increases
costs, be that regulation the Standards of Quality, the Standards of Learning or No Child
Left Behind.
Virginia Beach City Public Schools has provided this city a worthy return on its
investment and this fact should be taken into account. We look forward to working with
our city government more strategically in fiscal year 2005-2006 as we both strive to
ensure our children stay "Ahead of the Curve.
Sincerely,
2LR~~
Daniel D. Edwards
School Board Chairman
Attachment
CC: Members, School Board, Virginia Beach City Public Schools
Dr. Timothy R. Jenney, Superintendent, Virginia Beach City Public Schools
'-Mr. James K. Spore, City Manager, City of Virginia Beach
- 30-
Item V-L8.a-f
RESOLUTION/ORDINANCES
ITEM # 54023
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
EMS Permits for annual renewal:
a. Eastern Shore Ambulance
b, Nightingale Regional Air Ambulance
c. Network Medical
d. Children's Hospital of the King's Daughters
e, Medical Transport
f, Lifeline Ambulance Service. Inc.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 7, 2005
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Eastern Shore Ambulance
VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport
(Non- Emergency- Unrestricted
and Emergency-Restricted)
ADDRESS: P.O. Box 6
8426 Sugarhill Lane
Sanford, V A 23426
PHONE: 787-824-5858
PRESIDENT: Dennis Taylor
VICE PRESIDENT:
Margaret A. Taylor
NUMBER OF PERMITTED VEHICLES BY TYPE:
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Regulations of the Board of Health Commonwealth of Virginia Governing Emergencv
Medical Services 1990 as amended?
E:fYES 0 NO
~ n
..r-.-......~ t
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/)
j/u.t. c::_~ t' (1
7i<f(1/;. .
Name/Title !,
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Nightingale Regional Air Ambulance
VIRGINIA OFFICE OF EMS AGENCY NUMBER:
509 EXPIRES: r dJo,
Air Ambulance
(Emergency- Restricted)
~""
VIRGINIA BEACH AGENCY CLASSIFICATION:
ADDRESS: 600 Gresham Drive
Norfolk, VA 23507
PHONE: 668-2500
PRESIDENT: David Bernd
MANAGER: Kathy Colantuono
r--:-,
NUMBER OF PERMITTED VEHICLES BY TYPE: -"'-
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Regulations of the Board of Health Commonwealth of Virginia Governing Emergencv
Medical Services 1990 as amended?
'ff YES D NO
'(L /i ,/
c a~ t.t~~. (j-.ld-iL,-u-dlL{)
ame/Title
Jl1..-tL/>'Ul_g'--t_ j
it / I d..-/ ~d 6--
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Network Medical
VIRGINIA OFFICE OF EMS AGENCY NUMBER: CO?,&- ~ EXPIRES: ()~/ DC,
VIRGINIA BEACH AGENCY CLASSIFICATION:
ALS Non-transport
ADDRESS: 1533 Technology Drive
Chesapeake, Va 23320
PHONE: 757-285-3236
PRESIDENT: Norman Poole
VICE PRESIDENT:
Susan Poole
NUMBER OF PERMITTED VEHICLES BY TYPE:
/ !JrJ7!3i)C- /I /l/e c-
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Regulations of the Board of Health Commonwealth of Virginia Governing Emergency
Medical Services 1990 as amended?
,/.;\TES
/ le/;;'))/
Na~~1;&/#Z{ t:r1[ /A'CS
oNO
(lwfrA;..-
./ /
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Children's Hospital of the King's Daughters
VIRGINIA OFFICE OF EMS AGENCY NUMBER: 315 EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport
(Inter-facility Emergency and
Non-emergency)
ADDRESS: 601 Children's Lane
Norfolk, V A 23507
PHONE:
668-7453
MANAGER: Roger Vaughan
NUMBER OF PERMITTED VEHICLES BY TYPE: 3 ~uNP AM8\')I.ANL.E - Al.S
COMMENTS: ADDI-nON~ \- CbN'iN.-'T ~"50N ~
QH RIS'''n:>PHel2- CANNON
OPeR.kT\oN S Ce>oR,[;)\N kro R.....
(0) 6bg-'l~g lp) "''''5-31'\0
Does your agency comply with the minimum requirements as set forth in the Rules and
Re2ulations of the Board of Health Commonwealth of Vir2inia Governin2 Emer2encv
Medical Services 1990 as amended?
DYES
C[RQ:)
OOl<L. ~c.."'( C6MPl-\e;:s Z 't1R6'IN I A
EM'S:. RE-6t)L.A-noNS 12. 'll\c.... 5'-31
€,,~""I"'E ::;MN. tS/2C03..
4!~ -(l"'_~L
Name/Title
t)Fl:-RA'T'CN)
CooR.CINArot?-..
A~/t- iiI. 2fX)5
I
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Medical Transport
VIRGINIA OFFICE OF EMS AGENCY NUMBER: 308 EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION:
ALS Ground Transport
(Non -emergency- Unrestricted)
and Emergency-Restricted)
ADDRESS: 5792 Arrowhead Drive, Suite 200
Virginia Beach, V A 23462
PHONE: 671-9302
PRESIDENT: Donald Jellig
MANAGER: Russell Blow
NUMBER OF PERMITTED VEHICLES BY TYPE:
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Re2ulations of the Board of Health Commonwealth of Vir2inia Governin2 Emer2encv
Medical Services 1990 as amended?
1ll YES 0 NO
,]
,t.<-
O?";;-'-'-'-
/./ ll/',;'
Date
(.
Name/Title
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Lifeline Ambulance Service, Inc.
VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport
(N on- Emergency- Unrestricted
and Emergency-Restricted)
ADDRESS: 310 Bell Road
Christiansburg, VA 24073
PHONE: 540-382-1044
PRESIDENT: James C. Jones, Jr.
VICE PRESIDENT: C".f De-c-kc..(L
NUMBER OF PERMITTED VEHICLES BY TYPE: -1::-14-/.' :2? ~b'& (~
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Regulations of the Board of Health Commonwealth of Virginia Governing Emergencv
Medical Services 1990 as amended?
~YES 0 NO
;/....,-/._.:-.,
/ /1'///
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?/~~.....- .;..../ IL- J
N arne/Title
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./ / /
.-.$ __ . C/.' () .r--
Date
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:/ -..-
- 31 -
Item V-L9.
RESOLUTION/ORDINANCES
ITEM # 54024
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to AUTHORIZE one additional full-time position and
ELIMINATE two part-time employee's re stabilizing staffing at the
Kempsville Library
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E, Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 7, 2005
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $5,000
2 IN GIFT FUND REVENUE TO THE FY 2004-05
3 DEPARTMENT OF PUBLIC LIBRARIES OPERATING
4 BUDGET TO REPLACE CONFERENCE ROOM CHAIRS IN
5 THE CENTRAL LIBRARY
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
That $5,000 in additional gift fund revenue from the
10 Friends of Virginia Beach Library is hereby accepted and
11 appropriated to the FY 2004-05 Department of Public Libraries
12 budget to replace conference room chairs, with gift fund revenue
13 hereby increased accordingly.
14 Adopted by the Council of the City of Virginia Beach,
15 Virginia, on the 7th
day 0:: June
, 2005.
16 Requires an affirmative vote by a majority of the members of City
17 Council.
L c. T1~:;;" r i)/f8
Management Services
Approved As To Legal
Sufficiency:
(JJ~ N.&)
City Attorney's Office
Approved As to Content:
CA9626
PA/GG/ORDRES/Library Conf Room Chairs.Ord
R-2
May 25, 2005
- 32-
Item V-J.
APPOINTMENTS
ITEM #54025
BY CONSENSUS, City Council RESCHEDULED:
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS COMMISSION
HEALTH SERVICES ADVISORY BOARD
CHESAPEAKE ALCOHOL SAFETY ACTION PROGRAM
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
OPEN SPACE SUBCOMMITTEE
PARKS AND RECREATION COMMISSION
SHORE DRIVE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
June 7, 2005
- 33-
Item V-K.
ITEM #54026
Mayor Oberndorfstated because the City Council did not complete the discussion of the items on its previous
Closed Session, the City Council will reconvene into Closed Session after the Public Comments session. For
that reason, rather than adjourning the meeting, the Chair will recess the meeting and the City Council will
reconvene in the City Manager's Conference Roomfor the purpose offinishing the Closing Session, after
which City Council will adjourn from the Conference Room.
Mayor Meyera E, Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION
pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2,2-3711 (A) (1).
To Wit: Appointments: Boards and Commissions:
Arts and Humanities Commission
Beaches and Waterways Commission
Hampton Roads Economic Development Alliance
Health Services Advisory Board
Investment Partnership Advisory Committee
Minority Business Council
Open Space Subcommittee
Parks and Recreation Commission
Shore Drive Advisory Committee
Towing Advisory Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly-held property, or of plans for the future of an institution which could affect
the value of property owned or desirable for owners hip by such institution pursuant
to Section 2.2-3711(A)(3).
Acquisition/Disposition of Property:
Beach District
Rose Hall
PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective
business or industry where no previous announcement has been made of the business'
or industry's interest in locating in the community pursuant to Section 2.2-3711 (A)(5)
Potential EDIP Award to Business not Previously Announced
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council voted to proceed into
CLOSED SESSION (6:29 P.M.) - after the Public Comment Session.
Closed Session: 7:06 P.M. to 7:59 P.M.
June 7, 2005
- 34-
Item V-K.
ITEM #54026 (Continued)
Voting:
10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
Councilman Villanueva had to leave at 6:30 P,M.
June 7, 2005
- 35 -
Item V-L.
ITEM #54027
CERTIFICATION OF
CLOSED SESSION
Upon motion by Councilman Diezel, seconded by Councilman Dyer, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS (7:59 P.M.).
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council,
Voting: 8-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Mayor Meyera E. Oberndorf Peter W Schmidt,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox, Jim Reeve and Ron A. Villanueva
June 7, 2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM #54026, page 33, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
June 7, 2005
- 36-
Item V-M.
ADJOURNMENT
ITEM # 54028
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:00 P.M.
~_.a~~tL~____
B;:~;l;-?;. Hooks, CMC
Chief Deputy City Clerk
-
rh Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 7, 2005
- 37-
PUBLIC COMMENTS
Non Agenda Items
Richard Dozier, 1301 Kingsway Drive, Chesapeake, Virginia, Phone: 563-0202, owner of A-I Cab and part
owner of Beach Taxi. His family has operated taxi cabs in Virginia Beach for fifty (50) years. Mr. Dozier
referenced correspondence from Catheryn Whitesell, Director of Management Services, advising on
November 9, 2004, the City Council authorized a temporary surcharge for the taxi companies to charge
25~ per trip. The provision was related to the rise in gasoline prices, The surcharge expired as of May 9,
2005, Gas prices have almost doubled. Mr. Dozier requested approval of 25~ per 1/8 mile, Mr. Dozier
said none of the taxi cab drivers had charged this surcharge. City Staff will study this matter and
contact Mr. Dozier when a recommendation is determined.
Ellen Grainger, 2524 Hidden Shores Drive #102, Phone: 502-4885, Musical Director - The Beach Tones,
senior volunteer chorus group. Mrs. Grainger distributed a petition requesting the Beach Tones be given
a free volunteer pass to the Virginia Beach Recreation centers. The majority of the singers are in their
seventies and eighties, all of whom must pay for membership in the Recreation facility, even though they
only utilize a two-hour a week rehearsal. This would not affect the members who have lifetime
memberships and afew who do utilize the recreation centers for other activities. Thirty-three (33)
concerts have been presented in senior housing, assisted living, nursing homes, etcetera, One member
comes from Chesapeake, Mary Cole, Parks and Recreation, advised there is a fee waiver program and
this will be reviewed with the Group. Relative the rent of the rehearsal space, based on the rental fees
and as several of the members have lifetime memberships, the Group declined this offer, A report shall
be furnished to City Council.
Charles Brockett, 4515 Mairfield Arc, Chesapeake, 23350, Phone: 686-9532, Administrator - Estate of
grandfather, Charles A. Brockett. Mr, Brockett distributed information concerning this Estate, Mr. Brockett
owned three (3) parcels of land at the time of his death, July 4, 1970, a total of69.42 acres. The City,
without authorization or documentation changed the ownership of the property, which consequently created
a taxproblem. This property, was at all relevant times, part of the City's land use program, Mr, Gideon
requested the City provide some tax relief and that this land be re-assigned to the City's land use program.
The City Manager will confer with the City Attorney to determine a solution and they will contact
Mr. Brockett,
William Bailey, 4841 Rosecraft Street, Phone: 495-0637, President - Virginia Beach Professional
Firefighters, spoke relative 4-man staffing on fire trucks. President Bush has added $65-MILLION for
the Staffing for Adequate Firemen and Emergency Response Grants. Last year, the Governor placed $1-
MILLION in matching funds in the State Budget. The process has come full circle and applications for
the federal grant are being accepted until June 28, 2005. The City needs to provide matching funds
to qualify for this grant to employ the additional firefighters.
June 7, 2005