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FEBRUARY 3, 1998 MINUTES "WORLD'S LARGEST RESORT CTTY' CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH, III, Virginia Beach Borough WILLIAM W. HARRIOSN, JR., Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At-Large LOUISA M. STRAYHORN, Kempsville Borough JAMES K. SPORE, City Manager CITY COUNCIL AGENDA LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC/AAE, City Clerk February 3, 1998 I. CITY MANAGER'S BRIEFINGS - Conference Room - 10:00 AM A. LIBRARY SERVICES AND FACILITIES PLAN Marcy Sims, Director, Department of Public Libraries Dr. K. Edwin Brown, Asst Supt., Depart. of Accountability, Va. Beach City Public Schools E. Dean Block, Director, Management Services B. BACK BAY STUDY - HB 47 AND JOINT RESOLUTION 555 Louis Cullipher, Director Department of Agriculture II. CITY COUNCIL BRIEFING A. JET SKI REPORT Vice Mayor William D. Sessoms, Jr., Chairman Jet Ski Committee III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL CONCERNS V. INFORMAL SESSION - Conference Room - 11:30 AM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VI. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Chaplain Donald Staten Christian Mission Fellowship Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS January 27, 1998 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PRESENTATION 1. CALEA CERTIFICATE OF ACCREDITATION - Virginia Beach Police Department Charles R. Wall, Chief qf Police J. ORDINANCES 1. Ordinance to authorize the Virginia Beach Development Authority to retain $341,263 net proceeds from their development of Centre Pointe Office Park. 2. Ordinance to authorize the reimbursement of $2,512 in legal fees and expenses incurred by a Police Officer in his defense of a criminal charge dismissed by the General District Court. 3. Ordinance to authorize the City Manager lease City property at 4560 Bonney Road to the Virginia Beach Development Authority for a temporary building to house GEICO. 4. Ordinance to ACCEPT and APPROPRIATE a $50,475 Grant from the Department of Criminal Justice Services and TRANSFER $16,825 from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of Social Services for operation of the Youth Intervention Team; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. 5. Ordinance to ACCEPT and APPROPRIATE a $10,000 Grant from the Department of Motor Vehicles to the FY 1997-1998 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re neonatal nursing training in the proper transportation of newborns from hospitals to their homes using child safety seats. 6. Ordinance to TRANSFER $444,000 within the Community Development Loan and Grant Fund and $549,927 within the Federal Housing Assistance Grant Fund; REDESIGNATE $79,197 in the Section 108 Fund for uses in die Renter-Occupied Rehabilitation Program; and, AMEND the Department of Housing and Neighborhood Preservation's Consolidated Strategy and Plan designating the use of Federal funds. 7. License Refunds - $989.00. K. APPOINTMENTS PERSONNEL BOARD SHORE DRIVE ADVISORY COMMITTEE YOUTH SERVICES COORDINATING COUNCIL L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKIS OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 01/29/98BAP AGENDA\02\03\98.ITM www.virginia-beach.va.us M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach Virginia February 3, 1998 Mayor Meyera E. Oberndorf called to order the BRIEFINGS in the Council Conference Room, City Hall Building, on February 3, 1998, at 10:00 A.M. Council Members Present. John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S .4fcClanan, Mayor MeyeraE Obernd(@rf, Nanci,K Parker and l,ouiyaw @trayhorn Council Members Absent. Vice Mayor William D. @evsoms, Jr IEN7@FREI) 10.40A.M.] William W flarri,@on,.J@- IENTI,,REI) 10 "0,4.A4.] Mayor Oberndorf advised the City Manager had distressing peryonal business involving an elderly,famil@@ member in California and was out of the f@iii) BRIEFING LIBRARY SERVICES AND FACILITIES PLAN 10:00 A.M. ITEM # 43157 Marcy Sims, Director - Department of Public Libraries, recognized the Public Library Board Members in attendance: Betty Lu Bridges - Chair; Patrick R. Deans - Vice Chair, Mary L. Denny, Susan Goranson, Susan Hulbert, Crisanto D. Romero and Laura H. Tebault. The Virginia Beach Public Library Board and Library staff presented a Library and Services Plan to City Council on April 29, 1997. This report outlined a plan for new and modernized library facilities and enhanced servcies that would create a public library system designed to meet customers' demands and expectations for the 21st Century. City Council requested the Library Board to consider a variety of planning and funding alternatives to the original plan. The Library Boad returned to City Council on June 24, 1997, with a response to its advice and questions. Options were presented, requiring a tax increase for funding ranging form 1.8 cents to 6.9 cents. On September 2, 1997, City Council ADOPTED an Ordinance "to establish a plan for the renovation and construction of certain library facilities. City Council requested the City Manager: Review the scope of the proposals Modify the proposals to ensure their fiscal feasiblity Present a plan to City Council within 90 days for the initiation of the design of selected renovations and the preliminary design of a library in the General Booth Corridor. City Council's ordinance also directed the City Manager to initiate actions to improve after hours access to school libraries and enhance the sharing of resources between public and school libraries. This report responds to the issues of Public/School Library Partnerships and After School Library Hours. Dr. K. Edwin Brown, Assistant Superintendent Department of Accountability - Virginia Beach City Public Schools, added the new tag of Technology; therefore, it is more global than originally planned. E. Dean Block - Director of Management Services, will discuss the fiscal impact of the "no tax increase" proposal. The proposals being brought forward to City Council are prioritized and sequential. These recommendations address the following issues: Aging library facilities that are too small for the current service area population and incapable of incorporating electronic resources. Major population areas of the City with no library service within reasonable distance. Staffing levels currently inadequate to meet increased customer demand, provide sufficient assistance to customers using electronic resources and allow for reasonable weekend work schedules for library staff. Increased customer demand for extended weekend service at all library locations. Investment in the safety and education of children and youth through "after-school homework centers". Proposal No. 1 - No Tax Increase This proposal focuses on the existing libraries with the most critical need for renovation and/or replacement (Windsor Woods, Bayside and the Central Library) and the design and construction of a new Princess Anne Library in the General Booth Corridor. It also includes an innovative approach to a shared facility for the Pungo-Blackwater Library within the Creeds School, currently under design and to be funded by a proposed referendum in November 1998 for School construction. Construction: *Backlog; Princess Anne Modernization: Central Library, Windsor Woods Replacement: Bayside, Pungo/Blackwater Capital Costs: $8,560,962 Operating Costs: $1,072.919 3 BRIEFING LIBRARY SERVICES AND FACILITIES PLAN ITEM # 43157 (Continued) Proposal # 2 - Basic Service in Electronic Environment & Renovation/Replacement of Remaining Existing Libraries Current staffing in the public libraries allows for as few as two public service staff members on duty during any given shift to assist customersm Available public service staff hours provide an average of less than two minutes of staff assistance to over 1.8-MILLION customers who visit our libraries yearly. Electronic resources require more sophisticated search techniques and, therefore, customers require more staff assistance to find information. This proposal also responds to two additional issues. (1) Growth in demand, visits and hours of service has resulted in a gradual shift from an every third weekend duty rotation to an every-other weekend duty rotation. This service enhancement allows for additional staff for each shift at eight libraries to assist customers during the hours the library is open while providing for a return to an every-third weekend staff schedule; (2) Concerns expressed in public dialogues focused on the need for customers to feel safe in our libraries. This proposal assures adequate security personnel at all locations. Construction: *Modernization: Great Neck, KEMPSVILLE Replacement: Oceanfront Services: Basic Service/Electronic Environment Personal Assistance Instruction Customer Support Services Capital Costs $5,122,104 Operational Costs $2,464,438 Cumulative Tax Increase Required: 1.7 cents Proposal # 3 - Extended Hours/Green Run and Bayside Police Precinct Option This proposal would include a 19,000 square foot facility for Green Run/Salem on City owned land. The land was purchased back in the late 1980's (Buckner property). This level presents an innovative solution to the Bayside Library/3rd Precinct dilemma. Libraries and Police believe the Bayside site to be a wonderful location. To meet the expansion needs of both, a 26,000 two-story shared facility was created. Construction: *Backlog: Green Run/Salem Shared Facility: Bayside & 3rd Police Precinct Services added: Sunday Hours Capital Costs: $8,237,604 Operational Costs: $1,798,385 Cumulative Tax Increase Required: 2.9 cents February 3, 1998 4 BRIEFING LIBRARY SERVICES AND FACILITIES PLAN ITEM # 43157 (Continued) Proposal # 4 - Youth Services and Neighborhood Libraries This proposal adds the neighborhood libraries and services/homework component previously discussed. The Centerville Library would be within the KEMPSVIILE study area with high growth in population intensity. Cypress Point Library would be located in the western area of Bayside. Bayfront and Little Neck are two study areas which currently do not have library services and are included within this proposal. There are no specific sites selected for any of these four libraries. Construction: *Neighborhood Libraries: Bayfront, Centerville, Cypress Point & Little Neck Services added: Homework Centers Capital Costs $15,788,454 Operations Costs: S 4,763,284 Cumulative Tax Increase Required: 5.1 cents If City Council chooses to pursue the No Tax Increase Proposal #1, the staff recommends an immediate allocation of $263,600 to begin architectural design of the new Princess Anne Library and the modest design work required for the renovations at the Central Library. Should City Council choose to consider a Referendum in November 1998 for library buildings and services beyond Proposal #1 requiring no tax increase, the staff recommends an additional immediate appropriation of approximately 25% of the design fee for any projects to be considered in order to begin schematic design and cost refinement of these projects. Even funding the full Library Facilities Plan will leave Virginia Beach approximately 10,200 square feet deficient in library space according to state standards (.6 sf. per capita) Relative the School Referendum, Dean Block advised a request has been received from the School system as a part of their Capital Improvement Program that is now being considered by their Board totaling $132.7-MILLION (18 schools). This would entail a tax increase of approximately 4.25 to 4.75 cents. Mrs. Sims advised Appendix C in the report lists the timetable for each proposal. Said report is hereby made a part of the record. Mr. Block advised in devising a no tax increase option, a critical assumption must be made, which is the libraries have a senior claim on revenue growth. When the work would be completed in Option 1, the City's ongoing cost for the next twenty years would be approximately $1.85 to $1.9-MILLION a year. This would be inclusive of the debt service experienced from the sale of the bonds to build the facilities and the new staffing and operation and maintenance costs. The figure in each of the proposals does not include the debt service. This must be calculated as a rule of thumb for every $1 MILLION of capital costs, the city will spend $90,000 to $100,000 a year on debt service. A fiscal implication prospective is that it does contribute to the aging infrastructure issue. The majority of funds expended in Proposal 1 is replacement/renovation. Dr. K. Edwin Brown, Assistant Superintendent Department of Accountability - Virginia Beach City Public Schools, described examples of collaboration between the City and School libraries: Over the past seven years, a public library catalog station has been established in each of the Secondary Schools. Through these stations, the students have had access to the Public Libraries Collection to reserve a book without actually leaving the school. In recent years, the high schools have upgraded to the Internet with fixed access units in each. There are four units in each of the middle schools. The elementary schools have dial-in access. Februa 3, 1998 5 BRIEFING LIBRARY SERVICES AND FACILITIES PLAN ITEM # 4315 7 (Continued) The School Division has purchased rights to share electronic data base services with the Department of Public Libraries. The School Division currently purchases this service centrally which saves approximately $40,000 rather than purchasing it at each of the School sites. As the School and City's contract for this service expires, the possibility of a joint negotiation for a shared contract will be examined at savings to both. Joint training of libraries has been shared and is being planned. Changes of school curriculum have been shared with the City's libraries. In the past, Dr. Brown has worked with the City Librarians in their long range planning, sharing student profiles and shifting demographics of the school division which have ramifications for the plans for the future. A tele-conference for both the City and School libraries will be conducted relative copywrite laws on the Internet. A donation project is in place whereby the Public Libraries donate to school libraries a number of superseded reference titles that would normally be donated to the Friends of the Library book sales. The Department of Public Libraries produces the Government Information Manual, that contains timely information about local, state and federal government officials, elections etc. The school division assumes responsibility for duplicating and distributing this information to all school libraries. The Friends of the Libraries donate books that are not sold at their annual sales which are then added to the Schools collections. Supplies are purchased for the schools Checkpoint Security Systems through the Department of Public Libraries and their contract agreement. The public libraries have been major partners with the schools in certain circumstances i.e. when the Central Library became the library for Princess Anne High School. School libraries publicize and promote special Public library services such as the Summer Reading Club. The School and City co-sponsor vendor displays of electronic resources. The Friends of the Library annually bring in authors of note to the City and underwrite appearances at schools. The school staff has facilitated meetings and conducted surveys of both groups in order to plan for greater collaboration in the future. February 3, 1998 - 6 BRIEFING LIBRARY SERVICES AND FACILITIES PLAN ITEM # 43157 (Continued) Dr. Brown advised there are three areas of collaboration to be focused on in the future, depending on City Council's decisions: Joint Library arrangement at Creeds Shared library services at the proposed Technical Center, adjacent to Tidewater Community College. Joint Purchasing Agreements In the Schools' budget plans for next year, they are planning to offer evening hour services in two of the elementary school locations, one middle and one high school location. At the direction of the City Manger and the School Superintendent, Dr. Brown and Mrs. Sims are working on a project. Departments Directors responsible for the City's Strategic Plan are meeting with the Department Directors responsible for the goal areas in the School's Strategic Plan. Plans for the future of the schools and the City are being shared, From that, it is hoped Target areas will be identified for collaboration. As per City Council's request, to give a focus, the City staff shall superimpose upon the construction schedule a finance schedule relative the tax increase. February 3, 1998 7 CITY MANAGER'S BRIEFING BACK BAY STUDY- HB 47 AND JOINT RESOLUTION 555 ll:10 A.M. ITEM # 43158 Councilman Baum referenced the Hampton Roads Planning District Commission Study on Back Bay and suggested a Resolution by City Council to DEFER this House Bill 555 Study of Back Bay indefinitely rather than expending $100,000 for another Study. Louis Cullipher, Director of Agriculture, stated House Joint Resolution No. 555 Study of Back Bay, was developed by the Commonwealth Attorney, Department of Conservation and Recreation. The Back Bay Watershed comprises 67,000 acres approximately 1/3 of the city. The surface area is 26,000 acres. It is between Currituck Sound and Oregon Inlet. It is the home of the Back Bay Wildlife Refuge, False Cape State Park, Mackay Island Wildlife Refuge, False Cape State Park, Princess Anne Waterfowl Management Area. House Joint Resolution 555 directs the Virginia Department of Conservation and Recreation to conduct a study of nonpoint source pollution problems impacting the Back Bay watershed, recommends potential solutions and estimates the cost of implementing proposed solutions. To conduct the study, the Department of Conservation and Recreation established an ad-hoc Advisory Study Committee comprised of resource experts from local, state and federal agencies, as well as representatives from local community interests. The Department of Conservation and Recreation contracted with the Virginia Dare Soil and Water Conservation District to provide assistance with the conduct of the study and the development of this study report. Five meetings of the Study Committee and two public meetings with participation by Study Patrol Delegate Harry R. Purkey, provided a forum for the open exchange of ideas and recommendations. These discussions and contributions by resource experts provide the basis for the NP5 pollution reduction strategies contained in this report. Recommended Strategies Primary Establishment of a Back Bay Watershed Commission Creation of a Watershed Coordinator Position to be placed at local level Additional New Initiatives Best Management Practices (BMP) Tax Credit Program Incentivesfor Low Maintenance Lawns Urban BMP Cost Share Program Riparian Buffer Restoration Pet Waste Ordinance Inventory Underground Storage Tanks Septic System Maintenance Requirement and Enforcement Minimize Impervious Surfaces in New Construction Further Research Monitoring and Study Water Quality Monitoring Submerged Aquatic Vegetation (SAV) Economic Analysis Climatology Study Computer modeling Water Control Structures Study February 3, 1998 8 CITY MANAGER'S BRIEFING BACK BAY STUDY - HB 47 AND JOINT RESOLUTION 555 11:10 A.M. ITEM # 43158 (Continued) Continuing Ongoing efforts Education Targeted Land Management Planning Agricultural Reserve Program Virginia Agricultural BMP Cost-Share Agricultural Stewardship Act NutrientManagement Illicit Dumping Ordinance Bay Back Bay Watervhed City's Regulatory Framework Southern Watershed Management Ordinance Floodplain Regulations Wetland/Dunes Ordinance Erosion and Sediment Control Ordinance Subdivision Ordinance Landscape Ordinance BY CONSENSUS, a formal letter will be drafted to the Committee to correct inaccuracies. Council Members Baum and Henley shall confer with Louis Cullipher to respond io concerns and corrections relative the proposed study. Februa 3, 1998 9 CITY MANAGER'S BRIEFING SPECIAL WEATHER STATEMENT - MAJOR STORM IMMINENT ITEM # 43159 11:30 A.M. C. Oral Lambert, Chief of Staff, distributed the Special Weather Statement - Major Storm Imminent, which is hereby made a part of the record. A costal flood warning is in effect for the Atlantic Coast of Maryland including Ocean City, the Virginia Coast including Back Bay-adjacent counties south of Smith Point and northern Coastal areas of North Carolina including Currituck County. Art Shaw, Operations Engineer, reiterated the Public Works, preparation. Mr. Shaw advised the City is in the process of cleaning up from last week's storm. Crews will be at Sandbridge all day today cleaning up the floating debris. Approximately 400 feet of asphalt were lost on Sandfidler Road in the area of Seascape and Pipe Lane. This has been repaired and this could be damaged or lost again. The sandbags placed in past years served an excellent purpose as the damage to the road would have been much more extreme, Miscellaneous repairs have been accomplished to a multiple of small washout areas and are still ongoing. For this coming storm, several pieces of equipment will be propositioned at Sandbridge. The Resort did not lose as much sand as expected. Shoaling at the mouth of Rudee Inlet did not occur. The channel itself is in great shape all the way to the mouth. There are some shoals that build this time of year and threaten the channel out at the mouth from both the north and the south. The City has not been able to get the dredge out there, the sea state has been too strong to work the dredge that far, but the City has been deepening the channel inward from the mouth as much as possible to give the sand a place to fall into and hopefully not create a shoal at the mouth. An advisory notice is in place to mariner's and will remain in place for the next few days. Mr. Lambert advised primarily because of the concern for coastal flooding, the City will be conferring with the State later this afternoon and making a decision on the possibility of opening a shelter for the low lying areas. Mr. Mark Marchbank, Deputy Coordinator of Emergency Management, advised concerns in Sandbridge would be relative the afternoon tide tomorrow, February 4, 1998. The tide could be potentially approximately one foot higher. At that point, the staff will reemphasize the weather service warnings and, based upon this, a shelter may have to be opened. The City will rely on the residents' knowledge of the area utilizing the storm last week as a benchmark to make their judgment concerning evacuation. Restriction of traffic will be discussed this afternoon. Mayor Oberndorf advised, in interviews and discussions some of the residents have only moved to the area within a few months or three years ago and have not been subjected to any significant hurricane or northeaster. Relative assurance of safety, Mr Lambert advised the City will make new residents aware of the potential along the Coastal Area. Council Lady McClanan advised in her area of residence, as a result of the drainage projects, flooding is controlled. The only exception appears to be Northgate. Councilman Baum advised flooding in Norfolk resulted from filling the marshlands. Vice Mayor Sessoms inquired relative control of flooding on Atlantic Avenue. Mr. Lambert advised this was obviously not going to be addressed for this storm event; however, this will be monitored and pumped. Mr. Marchbank advised sustained winds have been estimated at 40 miles per hour. The Costal winds usually dissipate very quickly on land. Part of his E-Mail distribution list includes all the contacts in the schools. Discussion has already ensued opening one of the schools as a shelter. Therefore, the schools are aware of the situation and conditions to expect the next day. February 3, 1998 10 BRIEFING JET SKI REPORT 11:42 A.M. ITEM # 43160 Vice Mayor Sessoms distributed the FINAL REPORT of THE JET SKI ADVISORY COMMITTEE to Members of City Council. Said report is hereby made a part of the record. This report will be discussed in detail during the City Council Session of February, 10, 1998. An additional State issue has been inserted into the report: The General Assembly should be requested to amend the State Code by providing that the City of Virginia Beach may, by ordinance, require PWCs to maintain a distance of 100 feet from the shore and docks, as opposed to the current maximum of 50 feet; with the exception that PWCs can be required to maintain a distance of 500 feet from the shoreline of the Chesapeake Bay, Back Bay and Atlantic Ocean. February 3, 1998 11 AGENDA REVIEW SESSION 11:43 A.M. ITEM # 43161 Mayor Oberndorf referenced an ADD-ON under New Business. Resolution to request U. S. Department of Defense to carry out recommendations of the 1995 Base Alignment and Closure Commission and to reaffirm the City Council's support of Oceana for the relocation of 180 F/A-18's to Oceana Naval Air Station. Mayor Oberndorf advised meeting with Secretary, of Defense William S. Cohen, who stated there would not be funding to build new infrastructure on other bases. ITEM # 46162 City Attorney Les Lilley distributed a REVISED ordinance: Ordinance to TRANSFER $444,000 within the Community Development Loan and Grant Fund and $549,927 within the Federal Housing Assistance Grant Fund, REDESIGNATE $79,197 in the Section 108 Fund for uses in the Renter-Occupied Rehabilitation Program; and, AMEND the Department Of Housing and Neighborhood Preservation's Consolidated Strategy and Plan designating the use of Federal funds. This agenda form is accurate. The Ordinance just required more preciseness. Council Lady McClanan Council Lady McClanan assumed the City had determined this Ordinance would provide the most assistance to the most individuals who are in dire need. The Plaza townhouses need considerable rehabilitation. Two neighborhoods were selected as emphasis areas for the next 18 months. The Lake Edward/Wesleyan Forest areas and the Princess Anne Plaza townhouse area were selected. Andrew Friedman, Director of Housing and Neighborhood Preservation, referenced a dual benefit from concentrating efforts on improving the housing in these neighborhoods was the residents benefit from improved living conditions. The neighborhood as a whole should be improved in value Once the programs are underway in these areas, review and evaluation will be conducted to determine how and when to consider expanding the programs to some of the otherfive neighborhoods under consideration. Statistics are available on the current value and will be monitored. When something is fixed that exists, the assessment is not increased. Only when an addition is made to a dwelling, is the potential assessed value increased. Assessment increases will be shown in actual sales. The real goal is improving the overall attractiveness on a neighborhood basis. ITEM # 43163 BY CONSENSUS, the following items shall compose the CONSENT AGENDA. ORDINANCES J.1. Ordinance to authorize the Virginia Beach Development Authotity to retain $341,263 net proceeds from their development of Centre Pointe Office Park. J.2. Ordinance to authorize the reimbursement of $2,512 in legal fees and expenses incurred by a Police Officer in his defense of a criminal charge dismissed by the General District Court. February 3, 1998 12 AGENDA REVIEWSESSION ITEM # 43164 (Continued) J.3. Ordinance to authorize the City Manager lease City property at 4560 Bonney Road to the Virginia Beach Development Authority for a temporary building to house GEICO. J.4. Ordinance to ACCEPT and APPROPRIATE a $50,475 Grant from the Department of Criminal Justice Services and TRANSFER $16,825 from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of Social Services for operation of the Youth Intervention Team; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. J.5. Ordinance to ACCEPT and APPROPRIATE a $10,000 Grant from the Department of Motor Vehicles to the FY 1997-1998 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re neonatal nursing training in the proper transportation of newborns from hospitals to their homes using child safety seats. J.6. Ordinance to TRANSFER $444,000 within the Community Development Loan and Grant fund and $549,927 within the Federal Housing Assistance Grant Fund; REDESIGNATE $79,197 in the Section 108 Fund for uses in the Renter-Occupied Rehabilitation Program, and, AMEND the Department of Housing and Neighborhood Preservation's Consolidated Strategy and Plan designating the use of Federal funds. J.7. License Refunds - $989.00. Item J.6. The Ordinance will be REVISED, By Consent. Fehrua 3, 1998 13 CITY COUNCIL CONCERNS 11:45 A.M ITEM # 43165 Councilman Jones referenced Senate Bills 570 relative Vested Rights and 428 pertaining to Community Services Board. Mayor Oberndorf expressed appreciation to Assistant City Attorney William Macali who briefed the Mayor prior to her presentation regarding the placement of poles (communication towers) to the Transportation and Communications Committee of the U.S. Conference of Mayors. Assistant City Attorney Macali advised Senate Bill 570 concerns vested rights. A vested right is something which a landowner acquires which insulates him from changes in the zoning ordinance, basically protecting the use of his property. Individuals tend to utilize the term "vested right" interchangeably with "grandfathering"; however, the two are different. A vested right is a right which the owner has by law. Grandfathering occurs when the City Council or legislature specifically states all individuals who have accomplished a certain requirement are exempt from a specific ordinance i.e., water emergency ordinance. Recent cases in Virginia have greatly narrowed when a landowner has a vested right. A vested right does not exist unless, and until, the City Council has undertaken a significant governmental act which constitutes approval of a specific plan. Without that, vesting does not occur. This proposed Senate Bill states a landowner's rights and, therefore, is not subject to a subsequent amendment to the zoning ordinance when (1) the governing body has accepted proffers or proffered conditions related to a zoning amendment or has approved the request of an applicant for a rezoning for a specific use or density; (2) the governing body or Board of Zoning Appeals has granted a special exception with conditions; (3) a Board of Zoning Appeals has approved a variance with conditions; or (4) the landowner in good faith has filed a preliminary or final plat or plan of subdivision, a preliminary or final site plan, or plan of development for such landowner's property and he has materially changed his financial position in reliance on such plat or plan. Mr. Macali advised the problem with this is it excludes one critical element which is "plan approva". Once a plan is filed, even if not approved, the landowner's rights are vested. Present law states that once a plan has been approved, the landowner's rights are vested for a period of five (5) years. This Bill states that the rights are vested forever. This Bill seems to totally eliminate the concept of nonconforming uses. This law would affect billboards. Basically, anyone could expand the billboard, relocate, etc. as is the case with other nonconforming uses. The existing vested rights statute speaks to uses which exist rather than uses in the planned stage. Senator Schrock is one of the patrons. BY CONSENSUS, this item shall be ADDED-ON to the City Council Session. City Council shall authorize the Mayor to forward a letter to the General Assembly delegation stating opposition to the Bill, setting forth reasons for opposing the Bill and requesting the Bill not be enacted. Mr. Lambert advised a Briefing relative Senate Bill 428 will be scheduled for the City Council Sesvion of February 10, 1998. ITEM # 43166 Council Lady McCianan referenced House Bills 616 and 577 relative use of the City right-of-way by telecommunications. The article in the Richmond newspaper stated Senator Robinson was the sponsor, but the City of Norfolk would receive approximately $5-MILLION and Virginia Beach would receive $1.3 MILLION per year. Assistant City Attorney Macali advised this provides for a per mile charge for cable underground. The difference between the funding received for Norfolk and Virginia Beach has to do with the amount of cable in the street. Last year a Bill was introduced stating no funds would be received for telecommunications or cable TV in the right-of-way except the same funds received from similar franchises. This, in most cases, would be "zero". This was opposed and this Bill is the newer version. Mr. Macali has been informed this is a compromise, but it was not a compromise in which the City of Virginia Beach was involved. A copy of the Bill will be provided. Mayor Oberndorf advised every City represented in the U.S. Conference of Mayors is very disturbed with the manner in which these companies are affecting localities. The localities will not receive any fees for the utilization of the right-of-way for poles (communication towers). Fcbrua 3, 199S 14 CITY COUNCIL CONCERNS ITEM # 43167 Council Lady McClanan referenced her conversation with Robert Matthias, Assistant City Manage for Governmental Relations, in Richmond, and he forwarded copies of Senate Bill 581 and House Bill 1166 relative Billboards. These are essentially the same issue. Council Lady Parker requested further information be provided during the City Council Session of February 10, 1998. Mr. Lambert advised these Bills are just making their way to the committee and their is no eminent activity expected. These are two competing Bills and both involve the extremes, one being very liberal and the other very conservative. ITEM # 43168 Councilman Jones referenced numerous correspondence and telephone calls relative alleged violations of the site plan on Seton House at Kings Grant. Councilman Harrison advised he responded and he and Council Lady Parker met with Attorney Michael Inman and reviewed the seriousness of the allegations. Mrs. Sandy Harrelson is still not satisfied with the reply and requested response from the City Staff relative her questions. Robert Scott, Director of Planning, and Patrick Janezeck, Zoning Administrator, shall review the concerns. Another of the concerns raised cannot currently be addressed. One of the things which alarmed the community was the surveying team marked the trees with orange paint and the community thought every tree with orangepaint was going to be removed. Actually the survey was just locating the trees for design. An Advisory Committee has been organized and Mrs. Harrelson's husband is on this Committee. Council Lady Parker advised Kathleen Hassen had spoken with Mrs. Harrelson and the questions had been addressed by the staff. Correspondence will be forwarded from Mayor Oberndorf responding to these, questions. ITEM # 43169 Council Lady McClanan advised concern from a group of citizens had been received relative being sponsored to speak before City Council relative the affect of the F/A-18s on homes in terms of additional insulation as well as other items of interest which had not been addressed in the individual assessment. Mayor Oberndorf advised the group consisted of approximately 50 individuals. Council Lady Henley believed it reasonable for the City Council to assist this aforementioned group with information than to be in an advevarial position. The group is not opposed to the relocation of the F/A 18s. Mayor Oberndorf referenced the invitation of Captain Eric Benson, Commanding Officer of Oceana, inviting this group to meet Wednesday night, February 4, 1998 to discuss the alleviation of the discomfort. Concrete runways cannot be moved. Councilman Baum requested information relative whether Oceana is changing their flight patterns, particularly involving the rural areas. Chesapeake is upset to some extent. Air rights were paid for around the Fentress Air Base in Chesapeake. However, air rights were not purchased in Blackwater. Are flight patterns going to be incresed in the Rural Areas? Mayor Oberndorf advised Secretary of Defense William Cohen is going to definitely pursue two more BRACs to start closing down other bases. The fewer the planes based in Virginia Beach, the greater the opportunity to be in a critical area of closure. Mayor Oberndorf is very sympathetic to the residents who have articulated their anxieties and will assist them. On the other hand, the City Council needs to be cognizant of what these jobs mean to the City of Virginia Beach and the overall economic health of the City. Februa 3, 1998 15 ITEM # 43170 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, February 3, 1998, at 12:32 P.M. Council Members Present. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischoher, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E, Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Stravhorn Council Members Absent.- None. February 3, 1998 16 - ITEM # 43171 Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or Consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A)(1) To Wit: Appointments: Boards and Commissions Personnel Board Shore Drive Advisory Committee Virginia Beach Crime Task Force Youth Services Coordinating Council Personnel Issues - City Attorney's Office 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 2.1-344(A)(3) To- Wit: Bayside Borough Virginia Beach Borough Princess Anne Borough Kempsville Borough LEGAL MATTFRS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1- 344(A)(7). To- Wit.- City of Virginia Beach Blue Cross and Blue Shield of Virginia FLSA Cases (Bailey; Benshoff; Barnes; Backman; Acosta, Adams; Bishard) Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting.- 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Naney K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa At, @travhorn Council Members Voting Nql, None Council Members Absent: None February 3, 1998 1 7 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 3, 1998 2:35 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, February 3, 1998, at 2:35 P.M. Council Members Present, John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K, Parker, Vice Mayor William D. Sessoms, Jr. and Louisa Al StraVhorn Council Members Absent. None INVOCATION- Chaplain Donald Staton Christian Mission Felllowship Chur(-h PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STA AMERICA Vice Mayor Sessoms being a Corporate Officer of Central Fidelity Bank disclosed there were no matters on the agenda in which he has a '@ersonal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that mq)) come before City Council. Vice Mayor Sessoms'letter ofjanuary 1, 1998. is hereb made a part qf the ric@or(i Februa 3, 1998 18 Item VI-E CERTIFICATION OF EXECUTIVE SESSION ITEM # 43172 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applied; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo@f Ntincv K Parker and Vice Mayor William D. Sevsoms, Jr Council Members Voting Nay None Council Members Absent. Louisa M. Strqyhorn February 3, 1998 Resolution CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 43171, Page 16, and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk February 3, 1998 19 Item VI-F.1. MINUTES ITEM # 43173 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of January 27, 1998. Voting: 10-0 Council Members Voting Aye John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan Mayor Meyera E. Oberndorf, Nanev K Parker and Vice Mayor William D. Sessoms, Jr Council Members Voting Nay None Council Members Absent.- Louisa M. Strayhorn February 3, 1998 20 Item VI-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 43174 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION The following are added to the AGENDA: Resolution to request U. S. Department of Defense to carry out recommendations of the 1995 Base Alignment and Closure Commission and to reaffirm the City Council's support of Oceana for the relocation of 180 F/A-18's to Oceana Naval Air Station. AND, Authorization for the Mayor to send a letter to the General Assembly Delegation stating opposition to Bill 570 re vested rights. February 3, 1998 21 Item VI-1. PRESENTATION ITEM # 43173 Keith Chadwell, Commissioner on the Commission on Accreditation for Law Enforcement Agencies and Regional Director - Virginia Department of Social Services, advised this year, for the third time, the Virginia Beach Police Department, has undergone an audit of every aspect of their operation to determine their compliance with nationally developed police operation standards. The Police Department passed every applicable standard and beyond. Mr. Chaldwell PRESENTED: CALEA CERTIFICATE OF ACCREDITATION TO VIRGINIA BEACH POLICE DEPARTMENT CHARLES R. WALL CHIEF OF POLICE Chief Wall expressed appreciation to the Mayor and Members of City Council for their support in complying with the standards of CALEA. George Nortell, Co-Ordinator for Accreditation, also expressed appreciation. Februa 3, 1998 22 Item VI-J. ORDINANCES ITEM # 43174 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED IN ONE MOTION Ordinances 1, 2, 3, 4, 5, 6 (AS REVISED) and Voting: 11-0 Council Members Voting Aye John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louiv R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr and Louiva A4 Strtz,i,horn Council Members Voting Nov. None Council Members Absent. None Februaty 3, 1998 23 Item VI-J.1. OPDINANCES ITEM # 43175 Upon motion by Vice Mayor Sessoms, seconded blv Councilman Jones, City Council ADOPTED: Ordinance to authorize the Virginia Beach Development Authority to retain $341,263 net proceeds from their development of Centre Pointe Office Park. Voting: 11-0 (By Consent) Council Members Voting Aye John A. Baum, Linwood 0. Branch, III, William W, Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa A4 Stra.vhorn Council Members Voting Nai@ None Council Members Absent. None February 3, 1998 1 AN ORDINANCE TO AUTHORIZE 2 THE VIRGINIA BEACH 3 DEVELOPMENT AUTHORITY 4 RETAIN THE NET PROCEEDS FROM 5 THE DEVELOPMENT OF CENTRE 6 POINTE OFFICE PARK 7 WHEREAS, in 1993, the City Council of the City of 8 Virginia Beach authorized the City Manager to convey approximately 9 twenty-five (25) acres of City owned property at the intersection 10 of Baxter Road and the Route 44 Baxter Road Flyover (as more 11 particularly described in Exhibit A, which is attached hereto) (the 12 "Property") to the City of Virginia Beach Development Authority 13 (the "Authority") to be marketed as Centre Pointe Office Park, 14 subject to, among other things, the following conditions: 15 1. That all net proceeds received by the Authority from L6 the sale of the Property, or any subdivided parcel thereof, shall 17 be used to pay the costs of infrastructure necessary to develop the 18 Property. ("Net proceeds" were defined as the gross proceeds from 19 the sale of the Property, or any subdivided parcel thereof, less 20 real estate commissions, if any, and the direct costs incurred by 21 the Authority for advertising and/or Presentations necessary to 22 market the Property; and 23 2. That any net proceeds from the sale of the Property, 24 or any subdivided parcel thereof, remaining after the completion of 25 all infrastructure work and payment of all infrastructure costs 26 shall be returned to the City for appropriation to the General 27 Fund; 28 WHEREAS, all parcels in Centre Pointe Office Park have 29 been sold to three firms (shown in Exhibit B, which is attached 30 hereto), with #341,263 of net proceeds remaining after payment of 31 all Property infrastructure development costs; 32 WHEREAS, the three firms locating in Centre Pointe 33 brought a significant number of jobs to the City, and significantly 34 increased real property values, as indicated in Exhibit B; and 35 WHEREAS, these results accomplished by the Authority 36 serve to further the economic development goals of the City; 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 That in recognition of the significant positive benefits 40 resulting from the Development Authority's marketing of Centre 41 Pointe office Park to three high quality firms resulting in 1,005 42 jobs and increasing real property assessed values by more than 43 $18,000,000, City Council hereby authorizes the Authority to retain 44 the remaining $341,25, in net proceeds to be placed into the 45 Authority's general operating account to meet the necessary 46 expenses of the Authority. 47 Adopted by the Council of the City of Virginia Beach, 48 Virginia, on the 3 day of February, 1998. 49 CA-6907 50 ORDIN\NONCODE\CENTREOR.ORD 51 R-1 52 PREPARED: 1/27/98 APaQVtD A@ TO NtEI41S @@NATURE /Vt /,j ( P- R)EPARTMENT APPROVED AS TO LEGAL SUFFICIEWA AND FORM 2 24 Item VI-J.2. ORDINANCES ITEM # 43176 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize the reimbursement of $2,512 in legal fees and expenses incurred by a Police Officer in his defense of a criminal charge dismissed by the General District Court. Voting: I 1-0 (By Consent) Council Members Voting Aye John A. Baum, Linwood 0. Branch, III, William W Harrivon, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parkfr Vice Mayor William D. @evsoms, Jr and Louisa A4 51ravhorn Council Members Voting No None Council Members Absent. None February 3, 1998 1 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF 2 A POLICE OFFICER FOR LEGAL FEES AND EXPENSES 3 INCURRED BY HIM IN HIS DEFENSE OF A CRIMINAL 4 CHARGE THAT WAS DISMISSED BY THE COURT 5 WHEREAS, a Virginia Beach police officer was charged with 6 assault for actions arising out of the performance of his official 7 duties; 8 WHEREAS, at a trial held in the Virginia Beach General 9 District Court on August 28, 1996, the charge against the officer 10 was dismissed; 11 WHEREAS, in the defense of said charge, the officer incurred 12 legal fees and expenses in the amount of $2,512, and has requested 13 the City to reimburse him for such fees and expenses; 14 WHEREAS, Section 15.2-1171 of the Code of Virginia provides 15 that "[i]f any law-enforcement officer shall be investigated, 16 arrested or indicted or otherwise prosecuted on any criminal charge 17 arising out of any act committed in tie discharge of his official 18 duties, and no charges are brought, the charge is subsequently 19 dismissed or upon trial he is found not guilty, the governing body 20 of the jurisdiction wherein he is appointed may reimburse such 21 officer for reasonable legal fees and expenses incurred by him in 22 defense of such investigation or charge ..."; 23 WHEREAS, the City Attorney's Office has reviewed the 24 circumstances of this case, assessed the itemized bill submitted by 25 the officer's legal counsel, and determined that the legal fees and 26 expenses incurred by the officer are reasonable. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 That the City Manager is hereby authorized to transfer funds 30 in the amount of $2,512 from the FY 1997-98 General Fund Reserve 31 for Contingencies to the FY 1997-98 Operating Budget of the Police 32 Department for the purpose of reimbursing a police officer for 33 legal fees and expenses incurred by him in his defense of a 34 criminal charge brought against him arising out of the performance 35 of his official duties. 36 37 Adopted by the City Council of the City of Virginia Beach on 38 this 3 day of February 1998 39 CA-6812 40 DATA/ORDIN/NONCODE/REIMBFEE.ORD 41 OCTOBER 29, 1997 42 Rl APPROVED AS TO CONTENT Management & Budget APPROVED AS TO LEGAL SUFFICIENCY Department of Law 25 Item VI-J.3. OPDINANCES ITEM # 43177 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize the City Manager lease City property at 4560 Bonney Road to the Virginia Beach Development Authority for a temporary building to house GEICO. Voting: 11-0 (By Consent) Council Members Voting Aye John A. Baum, Linwood 0. Branch, III, William W Harrivon, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf None), K Parker. Vice Mayor William D. Sessoms, Jr and Louisa A4 Struvhorti Council Members Voting Nay. None Council Members Absent. None Februao, 3, 1998 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO LEASE CITY PROPERTY 3 LOCATED AT 4560 BONNEY ROAD, VIRGINIA 4 BEACH, VIRGINIA TO THE CITY OF VIRGINIA 5 BEACH DEVELOPMENT AUTHORITY 6 WHEREAS, the City owns certain real propertv located at 4560 Bonney Road, 7 Virginia Beach, Virginia; 8 WHEREAS, the property is currently vacant; and 9 WHEREAS, the City desires the Virginia Beach Development Authority to find an 10 interim user/occupant for the property so as to secure the property and prevent waste of the 11 improvements and to enhance the economic interests of the citizens of the City of Virginia Beach. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA. 14 That the City Manager is hereby authorized on behalf of the City of Virginia Beach 15 to enter into a lease with the Virginia Beach Development Authority for the purpose of leasing the 16 City's property located at 4560 Bonney Road, Virginia Beach, Virginia to the City of Virginia Beach 17 Development Authority. The lease shall contain such terms as the City Manager may deem 18 appropriate, except that the term of the lease shall not exceed twelve (12) months. 19 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 day of 20 February, 1998. 21 CA-6908 22 ORDIMNONCODE\.ORD\CA6908.ORL) 23 R-1 24 PPEPARED: 1/28/98 25 6,PPROVED AS TO CONTENT 26 27 28 'k['PROVED AS TO LEGAL. 29 @tTFFI('IENCY: 30 31 11Intent of I.aw 26 Item VI-J.4. ORDINANCES ITEM # 43178 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $50,475 Grant from the Department of Criminal Justice Services and TRANSFER $16,825 from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of Social Services for operation of the Youth Intervention Team, and, estimated revenue from the Commonwealth of Virginia be increased accordingly. Voting: 11-0 (By Consent) Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Louisa M @tr(i horn Council Members Voting Nay. None Council Members Absent. None February 3, 1998 2 3 4 AN ORDINANCE TO ACCEPT AND 5 APPROPRIATE A GRANT IN THE AMOUNT OF 6 $50,475 FROM THE DEPARTMENT OF 7 CRIMINAL JUSTICE SERVICES AND TO 8 TRANSFER FUNDS IN THE AMOUNT OF 9 $16,825 FROM THE GENERAL FUND 10 RESERVE FOR CONTINGENCIES TO THE FY 11 1997-98 OPERATING BUDGET OF THE 12 DEPARTMENT OF SOCIAL SERVICES FOR 13 OPERATION OF THE YOUTH INTERVENTION 14 TEAM 15 16 17 WHEREAS, the Department of Criminal Justice Services has 18 awarded the Virginia Beach Department of Social Services a matching 19 grant in the amount of $50,475 to fund the operation of the Youth 20 Intervention Team on a year-around basis; 21 WHEREAS, the Youth Intervention Team was established to 22 aid in decreasing tensions associated with the congregation of 23 youth at the Oceanfront; 24 WHEREAS, in addition to continuing activities at the 25 Oceanfront, the Team will now extend its youth-crime prevention and 26 mediation to other areas of the City such as schools and malls; and 27 WHEREAS, the City has sufficient funds in the General 28 Fund Reserve for Contingencies to provide the required match, 29 thereby eliminating the need for additional appropriations; 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 That a grant in the amount of $50,475 is hereby accepted 33 from the Department of Criminal Justice Services and appropriated 34 to the FY 1997-98 operating Budget of the Virginia Beach Department 35 of Social Services for operation of the Youth Intervention Team; 36 BE IT FURTHER ORDAINED: 37 That funds in the amount of $16,825 are hereby 38 transferred from the General Fund Revenue for Contingencies to the 39 FY 1997-98 Operating Budget of the Department of Social Services as 40 the City's required match for the grant; and 41 BE IT FURTHER ORDAINED: 42 That estimated revenue from the Commonwealth of Virginia 43 is hereby increased in the amount of $50,475. 44 Adopted the 3 day of February, 1998, by the Council of the 45 City of Virginia Beach, Virginia. 46 47 APPROVED AS TO CONTENT APPROVED AS TO LEGAL 48 SUFFICI 49 so 51 Walter C. Kraeme nt of Law 52 Department of Management Services 53 54 55 56 CA-6891 57 DATA/ORDIN/NONCODE/YOUTH.ORD 58 DATE PREPARED: JANUARY 27, 1998 59 R2 27 Item VI-J5.. OPDINANCES ITEM # 43179 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $10,000 Grant from the Department of Motor Vehicles to the FY 1997-1998 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re neonatal nursing training in the proper transportation of newborns from hospitals to their homes using child safety seats. Voting: 11-0 (By Consent) Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, None -v K. Parker, Vice Mayor William D. Seyvoms, Jr. and Louisa Al Stravhorn Council Members Voting Na@ None Council Members Absent: None Fehrua 3, 1998 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE A GRANT IN THE AMOUNT OF 3 $10,000 FROM THE DEPARTMENT OF MOTOR 4 VEHICLES TO THE FY 1997-98 OPERATING 5 BUDGET OF THE DEPARTMENT OF MENTAL 6 HEALTH, MENTAL RETARDATION AND 7 SUBSTANCE ABUSE TO PROVIDE NEONATAL 8 NURSING TRAINING IN THE PROPER 9 TRANSPORTATION OF NEWBORNS 10 11 12 13 WHEREAS, the Community Services Board (CSB) has previously 14 received funding to provide neonatal training in the proper 15 transportation of newborns from hospitals to their homes using 16 child safety seats; 17 WHEREAS, the CSB desires to continue providing such neonatal 18 training; and 19 WHEREAS, the Department of Motor Vehicles has awarded a grant 20 in the amount of $10,000 to the CSB to provide funding for the 21 program's continuance. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That a grant in the amount of $10,000 is hereby accepted from 25 the Department of Motor Vehicles and appropriated to the FY 1997-98 26 Operating Budget of the Department of Mental Health, Mental 27 Retardation and Substance Abuse to provide neonatal nursing 28 training in the proper transportation of newborns from hospitals to 29 their homes using child safety seats. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the 3 day of February, 1998. 32 CA-6895 33 DATA/ORDIN/NONCODE/MHMRSA.ORD 34 DATE PREPARED:JANUARY 26,1998 35 Rl APPROVZD AS TO APPROVXD AS TO LEGAL CONT@: SUP71CINWY: @.e Depar @ nt of nt @aw Department Services 28 Item VI-J.6 ORDINANCES ITEM # 43180 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED, AS REVISED: Ordinance to TRANSFER $444,000 within the Community Development Loan and Grant Fund and $549,927 within the Federal Housing Assistance Grant Fund, REDESIGNATE $79,197 in the Section 108 Fund for uses in the Renter-Occupied Rehabilitation Program, and, AMEND the Department Of Housing and Neighborhood Preservation's Consolidated Strategy and Plan designating the use of Federal funds. Voting: 11-0 (By Consent) Council Members Voting Aye John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louiv R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo@f Nancy K. Parker Vice Mayor William D. 5essoms, Jr and Louisa A4 @travhorn Council Members Voting Nqv None Council Members Absent. None February 3, 1998 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ESTABLISH NEW RENTER- 3 OCCUPIED AND OWNER-OCCUPIED 4 REHABILITATION PROGRAMS, AND TO 5 TRANSFER $444,000 WITHIN THE COMMUNITY 6 DEVELOPMENT LOAN AND GRANT FUND, 7 $549,927 WITHIN THE FEDERAL HOUSING 8 ASSISTANCE GRANT FUND, AND $79,197 9 FROM THE SECTION 108 FUND TO THESE NEW 10 PROGRAMS 11 WHEREAS, the Department of Housing and Neighborhood 12 Preservation has recommended the establishment of two (2) new 13 programs, a Renter-occupied Rehabilitation Program and an owner- 14 Occupied Rehabilitation Program, to help revitalize selected 15 neighborhoods as part of an overall neighborhood improvement 16 strategy; 17 WHEREAS, funds within the Community Development Loan and 18 Grant Fund are used to rehabilitate renter-occupied property, and 19 funds within the Federal Housing Assistance Grant Fund are used to 20 rehabilitate owner-occupied property; 21 WHEREAS, funds within the Community Development Loan and 22 Grant Fund and the Federal Housing Assistance Grant Fund are also 23 designated for use in target neighborhoods; 24 WHEREAS, the completion of target neighborhood programs 25 has created a surplus of funds available to be transferred to the 26 proposed new Renter-Occupied and Owner-Occupied Rehabilitation 27 Programs; 28 WHEREAS, funds in the Section 108 Fund previously 29 designated for use in the target neighborhoods are also available 30 to be transferred to the proposed new Renter-Occupied 31 Rehabilitation Program; and 32 WHEREAS, these proposed changes in program rehabilitation 33 activities require the City Manager to amend the Department of 33 Housing and Neighborhood Preservation's Consolidated Strategy and 34 Plan designating the use of Federal funds. 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby 37 authorized: 38 1. To establish the Renter-Occupied Rehabilitation 39 Program and to transfer available funds in the amount of $444,000 40 within the Community Development Land and Grant Fund from completed 41 target neighborhood programs to the Renter-Occupied Rehabilitation 42 Program; 43 2. To establish the Owner-occupied Rehabilitation 44 Program and to transfer available funds in the amount of $549,927 45 within the Federal Housing Assistance Grant Fund from completed 46 target neighborhood programs to the Owner-Occupied Rehabilitation 47 Program; 48 3. To transfer available funds in the amount of $79,197 49 from the Section 108 Fund to the Renter-Occupied Rehabilitation 50 Program; and 51 4. To amend the Department of Housing and Neighborhood 52 Preservation's Consolidated Strategy and Plan designating the use 53 of Federal funds to reflect these changes in program rehabilitation 54 activities. 55 Adopted by the Council of the City of Virginia Beach, 56 Virginia, on the 3rd day of February, 1998. 57 CA-6906 58 G:\DATA\ORDIN\NONCODE\CDBG-2.ORD 59 FEBRUARY 4, 1998 60 R4 61 APPROVED AS TO CONTENT: APPROVED AS @ TO LEGAL 62 SUFFICIENC 63 z 64 Management Serv c@es Departm@t of Law 2 29 Item VI-J.7. ORDINANCES ITEM # 43181 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED: License Refunds - $989.00. Voting. II -0 (By Consent) Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Loutv R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo@,' Nancy K. Parker, Vice Mayor William D Seysoms, Jr. and Louisa A4 Siravhorn Council Members Voting Nav None Council Members Absent.- None Februa 3, 1998 AN ORDINANCE AUTHORONG LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID A & A International Ltd 1995-97 Audit 109.65 5.31 114.96 544 Central Drive 110 Vs Beach VA 23454 Acredale Saddlery Inc 1996-97 Audit 64.69 5.19 69.88 5248 Indian River Road Vs Beach VA 23464 Addison, Timothy W. 1998 01-02-98 19.40 19.40 4728 Krick Street Norfolk VA 23513 B & K Electric Company, Inc 809 Live Oak Drive 3 1995-97 Audit 20.88 3.30 24.18 Chesapeake VA 23320 Ca @hilip J- Kellam - Commissioner of the Revenue Approved as to form: @eafe L. LIW City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $228.42 were approved by the Council of the City of Virginia Beach on the 3 day of February, 1998 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPUCATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAAD Chacon, Ernesto 1995-97 Audit 49.20 9.87 59.07 2417 Sandyfalls Way Vs Beach VA 23456 Coleman Construction Corp 1996-97 Audit 97.99 16.40 114.39 5685 E. Va Beach Blvd Norfolk VA 23502 Edwards, William A Jr. 1996-97 Audit 142.69 21.52 164.21 249 Elon Court Va Beach VA 23454 lnfotex, Ltd 1998 01071998 120.00 120.00 1314 Kempsville Road Vs Beach VA 23464 Certified as to P J. Ka m Commissioner of the Revenue Approved as to form: iw_ City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $457.67 were approved by the Council of the City of Virginia Beach on the 3 day of February, 1998 Ruth Hodges Smith City Clerk AN OFIDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID Johnson, Larry VA. 1996-97 Audit 19.93 3.15 23.08 1129 Candlewood Drive Va Beach VA 23464 Patrylak, David 1995-97 Audit 167.41 35.82 203.23 1000 Radford Court Va Beach VA 23455 Walden, Allison A. 1995-97 Audit 54.49 22.11 76.60 1759 West Pembroke Avenue Hampton VA 23661 C Phillip J. re4lam Commissioner of the Revenue Approved as to form: @e&e L. Lill6y City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $302.91 were approved by the Council of the City of Virginia Beach on the 3 day of February, 1998. Ruth Hodges Smith City Clerk 30 Item VI-K.1. APPOINTMENTS ITEM # 43182 BY CONSENSUS, City Council RESCHEDULED PERSONNEL BOARD SHORE DRIVE ADVISORY COMMITTEE YOUTH SERVICES COORDINATING COUNCIL Februan, 3, 1998 31 Item VI-M.1.a. NEW BUSINESS ITEM # 43183 ADD-ON Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADDED TO THE AGENDA: Resolution to request U. S. Department of Defense to carry out recommendations of the 1995 Base Alignment and Closure Commission and to reaffirm the City Council's support of Oceana for the relocation of 180 F/A-18's to Oceana Naval Air Station. Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa Sti-ai,horn Council Members Voting Nqy None Council Members Absent: None Februa 3. 1998 32 Item VI-M.1.b. NEW BUSINESS ITEM # 43184 ADD-ON Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Resolution to request U. S. Department of Defense to carry out recommendations of the 1995 Base Alignment and Closure Commission and to reaffirm the City Council's support of Oceana for the relocation of 180 F/A-18's to Oceana Naval Air Station. Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jonev, Reba S. McClanan, Mayor Meyera E. Oberndo@f, Nancy K. Parker. Vice Mayor William D, Sessoms, Jr and Louisa A4 51r(ii@horn Council Members Voting Nqv. None Council Members Absent: None Februa 3. 1998 1 A RESOLUTION REQUESTING THE DEPARTMENT OF 2 DEFENSE TO CARRY OUT RECOMMENDATIONS OF THE 3 1995 BASE REALIGNMENT AND CLOSURE COMMISSION AND 4 REAFFIRMING THE CITY COUNCIL'S SUPPORT FOR THE 5 RELOCATION OF 180 F/A-18s TO OCEANA NAVAL AIR 6 STATION 7 WHEREAS, the Base Realignment and Closure Commission recommended that Cecil 8 Field, Florida be closed, and that the 180 F/A-18 aircraft currently stationed there be relocated 9 to other East Coast Navy and Marine Corps installations; 10 WHEREAS, the United States Navy has completed a Draft Environmental Impact 1 1 Statement examining alternatives for the relocation of these aircraft; 1 2 WHEREAS, the Navy's preferred alternative is to have all 180 F/A-18 aircraft relocated 1 3 to Oceana Naval Air Station in Virginia Beach; and 14 WHEREAS, the Navy's preferred alternative is the best alternative from the standpoint 1 5 of cost-effectiveness, national security, and, perhaps most importantly, the quality of life of the 16 personnel and families to be relocated. 1 7 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 1 9 1 . That City Council hereby requests the Department of Defense to carry out the 20 recommendations of the 1995 Base Realignment and Closure Commission; 21 2. That City Council hereby reaffirms its support for the relocation of 180 F/A 18s 22 from Cecil Field, Florida to Oceana Naval Air Station ("NAS Oceana") in Virginia Beach; 23 3. That City Council hereby urges the Department of the Navy to recommend, in 24 its Final Environmental Impact Statement, the relocation of all 180 F/A 18s from Cecil Field 25 to NAS Oceana; and 26 4. That City Council hereby agrees that once the Record of Decision on the Final 27 Environmental Impact Statement is released, the City will work diligently with the Navy to 28 mitigate, to the extent possible without compromising national security, any perceived negative 29 impacts of the relocation on the citizens of Virginia Beach. 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 day of 31 February, 1998. 33 Item VI-M2.a. NEW BUSINESS ITEM # 43185 ADD-ON Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADDED TO THE AGENDA: Authorization for the Mayor to send a letter to the General Assembly Delegation stating opposition to Bill 570 re vested rights. Voting.- 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, 111, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker. Vice Mayor William D. Sevsoms, Jr. and Louisa A4 Stravhorn Council Members Voting Nay. None Council Members Absent. None Februa 3, 1998 34 Item VI-M.2.b. NEWBUSINESS ITEM # 43186 ADD-ON Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council AUTHORIZED: Mayor Meyera E. Oberndorf to send a letter to the General Assembly Delegation stating opposition to Bill 570 re vested rights. Councilman Jones motion is hereby made a part of the record: "Senate Bill No., 570, if enacted, would have drastic and adverse consequences to the City and our citizens. Accordingly, I move that the Council authorize the Mayor to send a letter to our General Assembly delegation and any other persons or entities she may deem appropriate, stating our opposition to the Bill, setting forth our reasons for opposing the Bill, and asking that the Bill not be enacted." Voting. 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker. Vice Mayor William D Sevvoms, Jr and Louisa M 5tral,horn Council Members Voting Nay. None Council Members Absent: None Februa 3, 1998 35 Item VI-N.. ADJOURNMENT ITEM # 43187 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:55 P.M. -- ----- -- 9 - - *,,/@ Beverly @Hooks, CMCIAAE ChiefDeputy City Clerk ------- --- -------- 'Ruth@o ge Sm@it , C Meyertz E Oberndorf City Clerk Mayoi City of Virginia Beach Virginia Februatl@ 3, 1998