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HomeMy WebLinkAboutDECEMBER 3, 1996 MINUTES "f N7ijrwi@iek "WORLD'S LAROEST REBOFff CrrY" 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. HARRISON, 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 I I Y I IAI.L hUiO)ING JAMES K. SPORE, City Manager CITY COUNCIL AGENDA (:OIJRTIIOUSL I)RIVE LESLIE L. LILLEY, City Attorney VIRGINIA BEA(:@f. VIRGINIA 23@56.@Ill RUTH HODGES SMITH, CMC/AAE, city Clerk 1152) 427-431),i December 3, 1996 I. CITY MANAGER'S BRIEFINGS - Conference Room - IO:OOAM A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR YEAR ENDED 30 JUNE 1996 Patricia A. Phillips, Director, Finance B. VOLUNTEER COUNCIL ANNUAL REPORT Mary Russo, Volunteer Council Diane Roche, Assistant to the City Manager C. HOUSING SURVEY - RESIDE WITH PRIDE - VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) Andrew Friedman, Director Housing and Neighborhood Preservation D. FARMER'S MARKET Louis E. Cullipher, Director, Agriculture II. AGENDA REVIEW SESSION III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyers E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyers E. Oberndorf B. INVOCATION: Reverend Tommy Taylor London Bridge Baptist 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 November 26, 1996 G. ADOPT AGENDA FOR FORMAL SESSION H. PRESENTATION 1. AWARD OF MERIT - TRAFFIC SAFETY Wally Timmons, Tidewater AAA I. 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. J. PUBLIC HEARING 1. FY 1996-1997 CAPITAL BUDGET - PROPOSED AMENDMENT Community Services Board (MHMRSA) - CSB Complex K. ORDINANCES 1. Ordinances re Comunity Services Board CSB Complex Infra- structure Project (#3-106): a. APPROPRIATE $12,000,000 to the FY 1996-1997 Capital Budget Project. b. Authorize ACQUISITION in fee simple for land, buildings and parking spaces, either by agreement or condemnation (BAYSIDE BOROUGH). 2. Ordinance to authorize the City Manager to execute an Installment Sale Contract, subject to the non-appropriation of funds, re the purchase of approximately 549 acres at Camp Pendleton State Military Reservation from the Commonwealth; and, authorize acquisition of two (2) additional parcels (estimated cost: $50,000) adjacent to Camp Pendleton. 3. Ordinance to AMEND Sections 2-84 and 2-119 of the City Code re earning of annual and sick leave by Firefighters. 4. Ordinances appointing viewers: a. In the petition of RUNNYMEDE CORPORATION for the closure of portions of Pine Street, Poplar Street and Third Street, located approximately 1,000 feet West of Rosemont Road and South of the Virginia Beach/Norfolk Expressway (LYNNHAVEN BOROUGH). b. In the petition of EDMUND C. RUFFIN and BQTS ASSOCIATES, L.P. for the closure of a 15' alley between 6th and 7th Streets on the North and South and between Atlantic and Pacific Avenues on The East and West (VIRGINIA BEACH BOROUGH). L. RESOLUTIONS 1. Resolution re the Virginia Beach Biennial Plan re use of State Block Grant funds; and, authorize the City Manager to execute a Certificate of Compliance re the Virginia Juvenile Community Crime Control Act. 2. Resolution of support for the Virginia Department of Conservation and Recreation's efforts to obtain access road funds from the Virginia Department of Transportation (VDOT) re improvement of access to the False Cape State Park Visitor/Interpretive Center. 3. Resolution to authorize the City Manager to apply for a Grant from the Child Care for Homeless Children program in response to a Virginia Housing and Community Development request for applications. M. PUBLIC HEARING - Council Chamber - 2:30 PM 1. PLANNING - NO ACTION ITEM - DEFERRED BY PLANNING COMMISSION a. Application of JOHN BARRETT for a Variance to the Subdivision Ordinance of the City at 2009 Bay Road (LYNNHAVEN BOROUGH). 2. PLANNING a. Petition of ALLSAFE SELF STORAGE, L.L.C. for the discontinuance, closure and abandonment of a portion of South Kentucky Avenue beginning at the Eastern boundary of South Kentucky Avenue and running in an Easterly direction a distance of 44.18 feet, containing 1,324.95 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL b. Application of FAST FARE, INC. for a Conditional Use Permit for an automobile service station and convenience -store at the Northeast corner of Shore Drive and Greenwell Road (4492 Shore Drive), containing 42,253 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL C. Application of JOYCE E. BECK for a Conditional Use Permit for a home occupation (day care) at the Northwest corner of Lyndora Road and Chesterbrook Drive (2001 Lyndora Road), containing 6,000 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL d. Application of AVALON HILLS BAPTIST CHURCH for a Conditional Use Permit for a church expansion on the North side of Indian River Road, West of Strickland Road (5728 Indian River Road), containing 1.2206 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL e. Application of WILLIAM S. HUDGINS for a Conditional Use Permit for a produce stand on the West side of First Colonial Drive, beginning at a point 480 feet South of Old Donation Parkway, containing 2.52 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL f. Application of WENDY YAVNER WEBSTER for a Conditional Use Permit for a home occupation (day care) on Lot 289, Section 4, Kings Grant (3232 Queenebury Drive), containing 20,198 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL g. Application of PRIMECO PERSONAL COMMUNICATIONS, L.P. for a Conditional Use Permit for a 10-foot addition to an existing 125-foot communications tower on certain property at the Southern extremity of Chicory Street, containing 27.5 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL h. Application of AGAPAE INTERNATIONAL CHURCH for a Conditional Use Permit for a church on the South side of Princess Anne Road, West of Courthouse Loop (2641 Princess Anne Road), containing 10.867 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL i. Application of T. J. SLACK and COMPANY for a Change of Zoning District Classification from A-18 Apartment District to R-5S Residential Single-Family District on the West side of Lincoln Avenue, 426.70 feet North of Alabama Road (Lots 43, 44, 45, 46, 47, 48, 49, 50 and 51, Lot 14) Pecan Gardens, containing 22,500 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL N. APPOINTMENTS CHESAPEAKE BAY PRESERVATION BOARD COMMUNITY POLICY & MANAGEMENT TEAM - (CASA At-Risk) COMMUNITY SERVICES BOARD EROSION COMMISSION FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD RESORT AREA ADVISORY COMMISSION (RAAC) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) O. UNFINISHED BUSINESS P. NEW BUSINESS 1. ABSTRACT OF VOTES City of Virginia Beach General Election - 5 November 1996 Q. ADJOURNMENT CITY COUNCIL MEETING SCHEDULE ONE REMAINING DECEMBER MEETING 17 DECEMBER 1996 2:00 PM If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 11/27/96cmd AGENDA\12\03\96.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 3, 1996 Mayor Meyera E. Oberndorf called to order the CITY MANAGERS BRIEFINGS to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, December 3, 1996, at 10:00 A. M. Council Members Present.- John A. Baum, Barbara M. Henley, IlarOld Heisch0ber, louls R Jones, Reba S McClanan, MaYor MeYera F@ Oberndorf and t-ice Mayor Wllam D. Sessoms, Jr, Council Members Absent,- Linwood 0. Branck iIi [ENTEREI): 10:13 A.Ml William W Harrison, Jr. [FAMILY VA CATION IN SCOITSDALE, ARIZONAI Louisa K Strayhorn [ENTFRED 10:05 A.M.1 Nancy K Parker IFN7!"RFI) 10:55 l@M.] 2 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR YEAR ENDED 30 JUNE 1996 10:00 AM. ITEM # 41470 Patricia Phillips, Director of Finance, advised the firm of KPMG Peat Marwick recently completed the audit of the City's financial records for the year ended June 30, 1996. The auditors gave the City an unqualified clean opinion on its financial presentation and record keeping. Mrs. Phillips introduced the audit staff: Elizabeth Foster - Partner, Beth Meinen - Manager, Christine P. Teranto - Senior and other staff included Suzanne Eldridge. Mrs. Phillips also introduced.- Robert Hayes - Comptroller, Don Barnett - Principal Accountant, Rick Richards - Head Accountant, Linda Harris, Trudy Rogers, Tony Valentine, Morris Freelon, Richard Lester, Patti Porter, Arlene Ney and Jackie Caldwell who assisted in compiling the Financial Ratement for the City of Virginia Beach. With the utilization of slides, Mrs. Phillips depicted the Government Funds and Account Groups of the City and Schools GOVERNMENTAL PROPRIETARY FIDUCIARY ACCOUNT GROUPS FUND TYPES FUND TYPES FUND TYPE General Fund EnterPrise Funds: (7) Trust and Agency General Fixed Assets Funds: Special Revenue Internal Service Expendable Trust General Long-Term Funds: (35) Funds: (11) Funds: (16) Debt Debt Service Fund Agency Funds: (7) Capital Projects Funds COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS June 30, 1996 ASSETS 1996 1995 Cash and Investments $ 427,719,238 $ 403,804,860 Receivables (All Sources - 98,659,051 77,423,677 Net) Inventories 25,080,227 30,796,899 Other 27,497,959 24,877,453 Fixed Assets and Construction 1,818,033,402 1,660,964,357 in Progress Amount to be Provided for 516,441,180 507,210,879 Retirement TOTAL ASSETS LIABILITIES AND EQUITY Total Liabilities (Including $ 877,994,655 $ 824,645,175 Bonded Debt) Total Equity and Other 2,035,436,402 1,880,432,950 Credits TOTAL LIABILITIES $ 2,913,431,057 $ 2,705,078,125 AND EQUITY AND OTHER CREDITS December 3, 1996 3 CITY MANAGER'S BRIEFING COMPREHENSHT ANNUAL FINANCIAL REPORT (CAFP) FOR YEAR ENDED 30 JUNE 1996 ITEM # 41470 (Continued) SUMMARY OF CHANGES IN UNDESIGNATED GENERAL FUND BAL4NCE (In Millions) Undesignated Fund Balance $ 52.8 at June 30, 1995 Revenues $ 484.6 Expenditures.- Current $ 202.2 Transfers Out-Net (Increase) Decrease in Reserves: Encumbrances Capital Projects (City at Schools) Schools Other Undesignated Fund Balance at June 30,1996 GENERAL FUND BALANCE COMPARED TO TOTAL FUND REVENUES FOR THE YEARS 1986, AND 1992 through 1996. YEAR UNDESIGNATED TOTAL REVENUES FUND BALANCE AS FUND BALANCE A PERCENT OF REVENUE 1986 $ 31,500,779 $ 272,946,087 11.2% 1992 48,347,077 443,414,087 10.9% 1993 56,762,346 451,938,636 13.0% 1994 62,614,867 466,005,873 13.4% 1995 52,751,584 451,964,725 11.7% 1996 73,838,078 484,603,287 15.2% Mrs. Phillips referenced the chart entitled: Comparison of Budget to Actual (Millions). Revenues exceeded estimates for the General Fund by approximately $18-MILLION or 3.9%. Expenditures were less than Budget by $8.6-MILLION or 1.8'%. The reason for the average was due primarily to personal Property taxes. A pie chart displayed the reliance upon local revenues by General Government. General Property Taxes account for 37.7% of the revenue. Revenues from the Commonwealth is the next largest at 34.7%. Local sources accounted for 60.4% of General Governmental Revenue in 1996, which was slightly more than the prior year of 59.9%. Relative the School operations Special Revenue Fund, while Revenues were short by $4.3-MILLION, primarily impact aid expenditures made up the difference by being $4.8-MILLION less than budget. The School Board Component Unit is depicted on page 172 and 173 of the Report. December 3, 1996 - 4 - CITY MANAGER'S BRIEFING COMPREHENS@ ANNUAL FINANCIAL REPORT (CAFR) FOR YEAR ENDED 30 JUNE 1996 ITEM # 41470 (Continued) SUMMARY OF EXPENDITURES ALL GOVERNMENTAL AND ENTERPRISE FUNDS FOR THE YEAR ENDED JUNE 30,19% FUND TYPE CITY SCHOOL OTHER TOTAL Governmental $ 349,390,874 $ 430,962,922* $ $ 780,353,803 Funds Enterprise Funds 71,334,637 20,040,078 6,632,917 98,007,632 Total $ 420,725,511 $ 451,003,007 6,632,917 $ 878,361,435 Expenditures *Includes School portion of total debt service of $27,959,612 for FY 1996. Mrs. Phillips will advise the percentage increase of the debt service of the schools over the last five years. Mrs Phillips cited the Water and Sewer Enterprise Fund, which is prepared on the accrual basis. Between 1995 and 1996 there was a large increase in Retained Earnings from $12,727,313 to $28,891,469. Mrs. Phillips concluded the presentation with a summary of general fixed assets, which does not include the fixed assets for the Water and Sewer fund or the other Enterprise Funds. SCHEDULE OF GENERAL FIXED ASSETS FOR THE ENDING JUNE 30, 1996 AND JUNE 30, 1995 1996 1995 Land $ 31,640,291 $ 28,375,377 Buildings 400,161,069 399,422,168 Improvements other than 31,398,910 Buildings Highway Improvements 240,454,328 201,646,102 Equipment 162,249,513 151,567,805 Assets Under Capital Leases 1,556,588 1,618,341 Construction in Progress 454,485,175 434,342,200 Total General Fixed Assets $1,321,945,874 $1,246,288,954 Mayor Oberndorf expressed appreciahon for the extraordinary talented and intelligent City Manager and Financial Director. Mayor Oberndorf described the situation currently occurring in the City of Miami and their shortage in the amount of $68-MILLION. December 3, 1996 - 5 - CITY MANAGER'S BRIEFING VOLUNTEER COUNCIL ANNUAL REPORT 10:25 PM. ITEM # 41471 Mary Russo, Co-Ordinator - Volunteer Council, advised City Council's commitment to Volunteerism in Virginia Beach has given citizens the opponunity to become involved in the delivery of services of their government. Over 150 opportunities for citizens to volunteer are now available. None, of which would be possible without the recognition and support of the City Manager. Because of such quality support, the City is the envy of other Volunteer programs. Departmental representatives of the Volunteer Council are now working in teams to develop the Strategic Plan. Working with the School Project Coordinator, the Volunteer Council has created the regional organization of Volunteer Coordinators in City government including Chesapeake, James City County, Norfolk, Portsmmth, Yorktown and Suffolk. The Volunteer Council is also represented by Diane Roche on the International Organization, the Association of Volunteer Administrators Ms Roche serves on the Personal Relations Committee for the Conference, which will be held in the area in 1997. Mrs. Russo introduced Diane Roche and recognized her knowledge and experience, helping to transfer the Volunteer Council organization into one that allows participation of all members to develop the way Council does business. Diane Roche, Co-Leader - Volunteer Council, advised the annual report was distributed to City Council Members and is hereby made a part of the record. Last year, 9,000 Volunteers donated 1.4-MILLION hours of service valued at approximately $15-MILLION. 7his service is equivalent to 678 full-time positions. The success is due to the dedication and commitment of the volunteers and the City staff who manage the volunteer programs. Ms. Roche cited Achievements in Excellence: Emergency Medical Services 553,190 hours = $6,864,165 Virginia Beach Sheriffs Office 388,565 hours = $3,151,639 $100,000 Over Achievers Agriculture Community Services Board Fire General Services Juvenile Court Services Public Libraries Museums Parks and Recreation Police Social Services Ms Roche advised some volunteers donate one day a year and some are receiving their 5,000 hour pins in recognitwn for service. Mrs. Russo advised these figures do not include the schools or the Boards and Commissions. Ms. Roche further reiterated these figures are conservative as the Council is still refining the method used in measuring and collecting the number of hours. As same becomes more computerized they will become aware of how they underestimated. Mrs. Russo and Ms. Roche presented a "mock" check in the amount of $14,822,644 representing the value of the collective contributions of the approximate 9,000 volunteers. December 3, 1996 - 6 - CITY MANAGER'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 10:35 PM. ITEM # 41472 Andrew Friedmap; Director of Housing and Neighborhood Preservation, advised the presentation would entail three sections: (1) 77se Housing Survey, (2) VBCDC and (3) Reside with Pride Program. During the City Council Retreat of August 1995, the Neighborhood V@ Housing Shwegy was identified as a top priority. In February 1996, the @ronent briefed City Council on the specific issues related to that strategy and the steps taken in each area and the preliminary results of the 1995 survey of housing conditions. At the August 1996 City Council Retrea4 City Council continued the emphasis on Neighborhood Vitality identifying: Housing Investment, Preserving the Housing Stock, Reducing Abandoned Vehkles and S&engthen code Enforcement Mr Friedman identified the individuals resPOnsible for Producing the survey: Les ;Mite - Project Manager, Lynn Rountree, David McClees, Linda Lucas and Cheryl &nith from the Department of Housing and Neighborhood Preservation. 77iere were also unportant assistants from two other departments: Department of Management Services and Public Works Mapping. 7hrough the utilization of slides, the final survey report was discussed In the 1995 survey which was acco,nphshed approximately one year ago, the City found 17.8% of the buildings surveyed did not meet code based on their exterior condition. Age has a negative effect on housing conditions. One out of four homes Over 35 Y@ old were found to be in non-standard condition. Of the newest housing, only one out of thirteen were found to be substandard As the housing ages, there will be more substandard units to deal with. If the current rates of occurrence of substandard housing continue in the City in the year 2005, there will be another 8,900 units that are not in code compliance. 7his is based on a "do nothing' scenario. Another factor studied was the relationship of the type of housing to conditions. Approximately 28% of townhouses were in non-standard condition, as opposed to 17% of single-family houses and 6% Of low rise condominiums 7here were differences in the occurrence of housing conditions based on the assessed value of the property. Houses assessed between $40,000 and $50,000, had the highest rate of occurrence re degree of non code compliance. 7here were also differences in the rate of occurrence of nonstandard housing conditions by geographic area. Census tract boundaries were utilled as the geographic boundaries. Mr. Friedman displayed three maps displaying concentration of nonstandard @ing found in the survey; rates of occurrence of nonstandard condition by census tracts; and the size of the percentage change in housing conditions bY census tract between 1990 and 1995. With the completion of the survey, the City is taking the first step to be able to quantify and monitor housing on a regular basis. In addition, surveys are being conducted on a neighborhood basis. Housing and Neighborhood Preservation is meeting next week with representatives of the real estate industry for discussion relative absentee ownership of Property in poor condition and vacant property in certain neighborhood. Based on those discussions, an item will be proposed in Housing and Neighborhood Preservation's Budget relative financing means to address this problem. 7his is a critical issue. A Policy RePOrt is being developed, which should provide another means to handle this problem. 77je five additional code enforcement inspectors provided in this year's Budget allows 17 City-wide inspector terri$Ofies, comprised of less than 10,000 housing units in their particular area, 7here are 21 census tracts within the Certificate of Compliance areas of the City. 7he staff now enforces the Waste Management OrdUnance. MarY KaY Horoszewski, Executive Director - irginia Beach C unity Developme t Corpo on, r Omm n rati introduced two Board Meinbers in attendance: Alfred W Craft - Chairman and Dr. Ronald Proctor - Vice Chairman. President Craft extended appreciation to the City Council for their support. 7he Virginia Beach Community Development Corpo@on is now a $7-MILLION organization. Ms. Horoszewski advised the VBCDC was first organized in November 1985, 7he City Council appointed the Board of Directors. @ organization grew out of the efforts of the Department of Housing and Neighborhood Preservation. VBCDC was created to work with the City in creating housing opportunities for low and moderate income residents. 7hree programs were created to achieve this goal: Home ownerslup PrOgra@ Rtngd Housing Program and Self Suff,,i,ncy Pr,,grm. December 3, 1996 - 7 - CITY MANAGER'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) ITEM # 41472 (Continued) To date, VBCDC has received $17,500,000. 31% or $5.7-MILLION has been provided to the organization through the City and the Housing and Neighborhood Preservation primarily. This past year, some funding has been received through the Community Services Board $11,780,832 has been received thru direct grants to the Corporation from the Federal and State Government and a considerable amount of that is local financing through private financial institutions and some permanent financing provided to flrst time homebuyers. HOMEOWNERSHIP PROGRAM SERVICES New Construction on a Limited Basis Acquisition/Rehabilitation of Existing Vacant Properties. Mortgage Counseling Credit Counseling Home Maintenance Workshops for Groups and Individual Buyers Ms. Horoszewski displayed a graph denoting the number of houses sold through November 1996. Sixty- two (62) homes were sold, 30 of which were new construction and 32 were resales utilizing government foreclosures. PROFILE OF HOMEBUYERS Average Family Size: 3 Average Income: $20,490 (60% of area median income) Average Mortgage: $65,615 Average Monthly Payment. $424 Former VBCDC Tenants who purchased homes 8 SUPPORT SERVICE Financial Assistance Daycare Education Employment Training Medical Transportaion Utilities Seminars & Workshops Parenting classes Self-esteem building seminars Career Development Classes Money Management Workshop Job club Stress and time management workshop Home maintenance workshop The Rental Housing has increased over the years. There are 135 units at the present time: 89 serve the low income, 4 serve the elderly, 21 serve low-income disabled and 21 serve previously homeless. The program serves: 308 low income families, 83 previously homeless families, 7 elderly and 32 are low income disabled. December 3, 1996 - 8 - CITY MANAGER'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) ITEM # 41472 (Continued) Priscilla Beede Chair, advised Reside With Pride in its fourth year of operation. Founded in 1992, Reside with Pride continues with their mission of increasing public awareness of the need to maintain housing and neighborhoods in seeking and developing resources to assist homeowners and neighborhoods with improvement projects. Reside With Pride is privileged to welcome Donald H. Clark, Jr as a new member of its Board. Sergeant Keith James, Air National Guard Red Horse Division, serves as Co- Chair of the Housing Improvements Committee and briefed the City on projects completed this year by Reside With Pride. Sergeant James advised 12 housing improvement projects were completed over the past year. Over 1,705.5 hours of labor were contributed by volunteers such as the Navy CB Unit 415 of Oceana, St. Adians Episcopal Church, Boy Scout Troup 902/Aragona Village Moose Lodge and others. Support from the community has come in the form of cash donations from organizations and individuals, donations of building materials or discounting of building materials, donations of meals to feed volunteers working on projects, and the donation of a storage unit to store tools and supplies by Mini-Price Mini Storage. Reside with Pride also received a COIG grant this past year, which has assisted in providing tools to community groups and volunteers. One of the best examples of the value of a community based project can be seen in the assistance program in the Ocean Lakes Community. Reside With Pride provided funds for tools to be used by volunteer residents of the community to clean up and improve properties in the neighborhood. Twenty-two (22) residents were directly assisted with tools supplied by the Reside with Pride grant. Mr. Brett Pselly, Community Association Manager for Ocean Lakes, reported that in addition to the work performed using the equipment provided by Reside with Pride, there were other requests for assistance that raised the community's awareness of the number of neighbors needing assistance in maintaining their homes. Several residents offered to maintain properties for others on a continuing basis. While others performed additional work beyond the scope of the grant to the community. The project has encouraged members in the community to work with the homeowners association as a clearinghouse for bartered property maintenance/repair services. Mr Pselly also stated that the success of the project will be far reaching in their community. Reside With Pride conducted a Strategic planning Session to discuss its future directions. It was determined the two major needs of Reside With Pride are fund raising to secure resources and supplies and manpower to assist the committees and Board. Reside With Pride plans to work with Sevamp, Departments of Social Services, area churches and other organizations to seek applications of homeowners meeting the assistance criteria and link these homeowners with volunteer groups such as the Rotary, Seabees, Boy Scouts and others. The Board hopes to improve their ability to secure grants by changing their current 501 C-4 non profit status to a 501 C-3 non profit status. Reside With Pride was unable to apply for many grants due to the C-4 status. December 3, 1996 - 9 - CITY MANAGER'S BRIEFING FARMER'S MARKET 11:28 A.M. ITEM # 41473 Louis Cullipher, Director of Agriculture, advised since 1976, the City has operated a Farmers Market at the intersection of Princess Anne and Dam Neck (Landstown) Roads to provide a facility for the marketing of local agricultural productions and complementary goods, and preserve the City's rural heritage through programming of family oriented special events. On August 22, 1996, a fire destroyed approximately two-thirds of the market structure and damaged a portion of the structure remaining. Since that time, damaged areas of the building have been renovated, a tent has been purchased to provide temporary housing for tenants interested in continuing a presence at the market and the site has been cleaned and the pavement patched to allow continuation of community activities. A PoLicy Report on the "Virginia Beach Farmers' Market" was Presented to City Council on September 9, 1996. Three possible courses of action regarding the future of the Market were put forth in that report. These were (1) discontinue the Market, (2) rebuild the Market at she current site, (3) building a new Market at another site in the City. It was determined that operation of the Market would continue through December 1996 with a update report to City Council for action during December. On October 23, 1996, City Council held a Public Hearing re the future of the Market. There was significant support for re-building the Market, with a preference expressed for the current site. Concerns related both the support of agriculture, and the role the Market plays in providing a focus for family-related community activities. Of the two City Positions budgeted as resources of the Farmers' Market operation, one position is currently vacant. The incumbent of the other position has plans to retire in December. Market operations are being handled, on a temporary basis, by staff of the Director's Office of the Department of Agriculture and with temporary staffing as needed. Efforts have begun to up-date the Market Director's job description, so that recruitment for that position can be undertaken early in 1997, depending upon Council direction on the future of the Market and decisions regarding management structure. Relative short-term costs, expenditures concerning clean up, renovation and temporary operational needs of the Farmers'Market have totaled $71,942, to date. It is anticipated that virtually all these costs will be covered under the City Risk Management Program. The long term costs and revenues associated with any future market operations depend upon the alternative chosen for action. These costs and revenues will be summarized with the various courses of actions described below: PUBLIC INFORMATION Short-term action: at this time, staff has worked to maintain the Market operation through the winter holiday season. Efforts will continue to be made, if operations are on-going, to keep the public aware of the Market's status so there is no perception that it is closed. Long-term action: In order to meet new code standards, a re- constructed Farmers' Market would appropriately be handled as a capital project. Necessary public hearing requirements for such a project would be met at the time the project is established. Any decision regarding relocation of the Market, or temporary closing of the Market, would require a public information plan which will be developed as soon as such directions are given. Four alternative courses of action were considered: (1) Discontinue the Market; (2) Permanently rebuild the Market at the current site; (3) Temporarily rebuild the Market at the current site; (4) Build a new Market at another site in the City. December 3, 1996 - 10 - CITY MANAGER'S BRIEFING FARMER'S MARKET 11:28 A.M. ITEM # 41473 (Continued) The Option to Discontinue the Market Operation has been deleted based on the perceived consensus of Council after the October 23, 1996, Public Heanng that a Farmers' Market operation should be maintained in some configuration. To Permanently Rebuild at the Current Site was excluded as an option because of the estunated high value the current site %ill have for development as a part of the Princess Anne Corridor plan. An analysis PrOvided by Donald Maxwell, Economic Development Director, showed that, if developed as offlce/industrial space, the current site would generate estimated annual real estate tax of $469,360. The option to Temporarily Rebuild the Market at the Current Site would utilize available insurance monies and rebuild a facility, similar to the one desowed in the fire, to be used for a three - to five -year time period. In that time period an alternative site would be identified to meet long-term Market and Farm Park development needs Kith necessary action (aken to pursue relocation. 7his would meet Market needs while ultimately freeing the current site for alternate uses. The option to Immediately Build a new Market at Another Site in the City is the recommendation of the Farmers' Market Task Force. Given the site requirements expressed in the independent study, the Preferred location of such as site would be within or near the Lake Ridge property. Other sites in the City might be equally conducive to Market success, but might require more public infor?nation to ensure resident familiarity with the Market. These might include sites in the following areas: Princess Anne Corridor, Transitional Area III, Private land with pubhclprivate partnership arrangement and other areas in the CitY meeting the criteria for sidng laid out in the Farm Park Study. 7he following recommendations were cited: (1) The Farmers'Market be temporarily rebuilt at the current site (Option 3), utilizing available proceeds fi-om insurance payments, with ultimate relocation when an appropriate, permanent site and funding package is identified. (2) A capital project be developed to undertake this reconstruction. Staff actions necessary to ensure expeditious design and re- construction could be undertaken beginning in early 1997. The concept of Michele Shean - Owner, Virginia Garden to keep the Farmer's Market a Community Market, is hereby made a part of the record. If this facility were to be rebuilt, it would take approximately 9 to 18 months. The goal would be to construct as quickly as feasible. This item will entail a minimum offive-year contracts with the occupants on Option 3 (Farmers'Market be temporarily rebuilt at the current site), with an option to renew. Option 3 encompassing the five year minimum and the contract option to renew shall be SCHEDULED for the City Council Session of December 17, 1996. December 3, 1996 - 11 - AGENDA REVIEW SESSION 12:12 PM. ITEM # 41474 Council Lady Henley expressed concerns relative: K.1 Ordinances re Community Services Board CSB Complex infra-structure Project (#3-106): a. APPROPRIATE $12,000,000 to the FY 1996-1997 Capital Budget Project. b. Authorize ACQUISITION in fee simple for land, buildings and parking spaces, either by agreement or condemnation KEMPSVILE The City Attorney advised a correction. the proposed complex is in the Kempsville Borougk not Bayside Borough. Mayor Oberndorf referenced faxed correspondence from Kelly S. McDonald, CPA and Sue Stock representing Community Alternatives, Inc. expressing concerns. The correspondence is hereby made a part of the record. Dr. Dennis Wool will be available to respond. ITEM # 41475 Council Lady Henley referenced. L.2 Resolution of support for the Virginia Department of Conservation and Recreation's efforts to obtain access road funds from the Virginia Department of Transportation (VDOT) re improvement of access to the False Cape State park Visitor/Interpretive Center. This road is going to be an 18-foot wide gravel roadway with appropriate shoulders and ditches. Several years ago when they wanted to get the gravel to False Cape to build the bikeway, they had to bring the gravel in by boat. Council Lady Henley inquired if the Refuge Management has agreed to allow this gravel to go through the Refuge. ITEM # 41476 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES K2 Ordinance to authorize the City Manager to execute an Installment Sale Contract subject to the non-appropriation of funds, re the purchase of approximately 549 acres at Camp Pendleton State Military Reservation from the Commonwealth; and authorize acquisition of two (2) additional parcels (estimated cost: $50,000) adjacent to Camp Pendleton. K3 Ordinance to AMEND Sections 2-84 and 2-119 of the City Code re earning of annual and sick leave by Firefighters. December 3, 1996 - 12 - AGENDA REVIEW SESSION ITEM # 41476 (Continued) K4 Ordinances appointing viewers: a. In the petition of RUNNYMEDE CORPORATION for the closure of portions of Pine Street, Poplar Street and Third Street located approximately 1,000 feet West of Rosemont Road and South of the Virginia Beach/Norfolk Expressway. (LYNNHAVEN BOROUGH). b. In the petition of EDMUND C. RUFFIN and BQTS ASSOCIATES, L.P. for the closure of a 15'alley between 6th and 7th Streets on the North and South and between Atlantic and Pacific Avenues on the East and West (VIRGINIA BEICH BOROUGH). RESOLUTIONS L.1 Resolution re the Virgnia Beach Biennial Plan re use of State Block Grant funds, and authorize the City Manager to execute a Certificate of Compliance re the Virginia Juvenile Community Crime Control Act. L.2 Resolution of support for the Virginia Department of Conservation and Recreation's efforts to obtain access road funds from the Virginia Department of Transportation (VDOT) re imPrOvement of access to the False Cape State Park Visitor/Interpretive Center. L.3 Resolution to authorize the City Manager to apply for a Grant from the Child Care for Homeless Children program in response to a Virginia Housing and Community Development request for applications. December 3, i996 - 13 - AGENDA REVIEW SESSION ITEM # 41478 Council Jones advised speakers would possibly be in attendance 2b. Application of FAST FARE, INC. for a Conditional Use Permit for an automobile service station and convenience store at the Northeast corner of Shore Drive and Greenwell Road (4492 Shore Drive), containing 42,253 square feet (BAYSIDE BOROUGH). ITEM # 41479 Council Lady Henley advised she would ABSTAIN as she does business with the applicant: 2e. APPlication of WILLLIAM S. HUDGINS for a Conditional Use Permit for a produce stand the West side of First Colonial Drive, beginning at a point 480 feet South of Old Donation Parkway, containing 252 acres (LYNNHAVEN BOROUGH). ITEM # 41480 Council Lady McClanan requested this item be discussed during Formal Session as she had concerns. 2-h. Application of AGAPAE INTERIVATIONAL CHURCH for a Conditional Use Permit for a church on the South side of Princess Anne Road, West of Courthouse Loop (2641 Princess Anne Road), containing 10.867 acres (PRINCESS ANNE BOROUGH). ITEM # 41481 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: M. PLANNING 2.a. Petition of ALLSAFE SELF STORAGE, L.L.C. for the discontinuance, closure and abandonment of a portion of South Kentucky Avenue beginning at the Eastern boundary of South Kentucky Avenue and running in an Easterly direction a distance of 44.18 feet, containing 1,324.95 square feet (KEMPSVILLE BOROUGH). 2.c Application of JOYCE E. BECK for a Conditional User Permit for a home occupation (day care) at the Northwest corner of Lyndora Road and Chesterbrook Drive (2001 Lyndora Road), containing 6,000 square feet (KEMPSVILLE BOROUGH). 2.d Application of AVALON HILLS BAPTIST CHURCH for a Conditional Use Permit for a church expansion on the North side of Indian River Road, West of Strickland Road (5728 Indian River Road), containing 1.2206 acres (KEMPSVILLE BOROUGH). December 3, 1996 - 14 - AGENDA REVIEW SESION ITEM # 41481 (Continued) 2.e Application of WILLIAM S. HUDGINS for a Conditional Use Permit for a produce stand on the West side of First Colonial Drive, beginning at a point 480 feet South of Old Donation Parkway, containing 2.52 acres (LYNNHAVEN BOROUGH). 2.f Application of WENDY YAVNER WEBSTER for a Conditional Use Permit for a home occupation (day care) on LOt 289, Section 4, Kings Grant (3232 Queensbury Drive), containing 20,198 square feet (LYNNHAVEN BOROUGH). 2.g Application of PRIMECO PERSONAL COMMUNICATIONS, L.P. for a Conditional Use Permit for a 10-foot addition to an existing 125-foot communications tower on certain property at the Southern extremity of Chicory Street, containing 27.5 acres (PRINCESS ANNE BOROUGH) 2.i Application of T. J. SLACK and COMPANY for a Change of Zoning District Classification from A-18 Apartment District to R-5S Residential Single-Family District on the West Side of Lincoln Avenue, 426.70 feet North of Alabama Road (Lots 43, 44, 45, 46, 47, 48, 49, 50 and 51, Lot 14) Pecan Gardens, containing 22,500 square feet (PRINCESS ANNE BOROUGH). December 3, 1996 - 15 - CITY COUNCIL CONCERNS 12:25 PM. ITEM # 41482 Council Lady Strayhorn advised L. E. Stampe, President - Lake James Homes Association, in his correspondence of December 2, 1996, referenced a meeting with Attorney Bourdon representing E. V. Williams and his representatives. The Association requested two conditions be included in the permit: (1) Lake James Association be afforded the opportunity to participate in establishing protocol procedures for water testing, (2) A by-Pass conduit be constructed between the inlet canal and the outlet canal for Lake James. The representative for Williams Corporation stated at that meeting that Williams Corporation would construct said by-pass conduit. Mayor Oberndorf advised of a related issue concerning heavy metals and her conversation with Robert Johnson. Council Lady Strayhorn referenced conversations today with Jeff Sommerheur of Lake James Homes Association. Vice Mayor Sessoms requested a letter be presented from Attorney Bourdon stating his agreement with these proposed conditions. This item shall be added to the City Council Agenda: RECONSIDERATION OF WILLIAMS HOLDING CORPORATION: Condittonal Use Permit for a borrow pit approved by Council 12 November 1996. December 3, 1996 - 16 - ITEM # 41483 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, December 3, 1996, at 12:38 P.M. Council Members Present: Jighn A. Ba@ Linwood 0. Branck III, Harold Heischober, Barbara M HenleY, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Vzce Mayor William D Sessoms, Jr and L4ouisa M Strayhorn Council Members Absent.- William W Harrison, Jr. and Nancy K Parker December 3, 1996 - 17 - ITEM # 41484 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 21-344, 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 21-344 (A) (1). To Wit: Appointments - Boards and Commissions: Chesapeake Bay Preservation Board Community Policy & Management Team - CASA At-Risk) Community Services Board Erosion Commission Francis Land House Board of Governors Health Services Advisory Board Resort Area Advisory Commission Southeastern Public Service Authority Virginia Beach Community Development Corporation (VBCDC) 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 ofproperry owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wit: Sandbridge ARP - Pungo and Blackwater Boroughs LEGAL MATTERS - 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: Health Care Claims City vs Thompson Grading, Colchester Road Upon motion by Vice Mayor Sessona, seconded by Council Lady v4rayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Harold Ifeischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W Harrison, Jr., Barbara M. Henley and Nancy K Parker December 3, 1996 - 18 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 3, 1996 2:00 PM. 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, December 3, 1996, at 2:15 P.M. Council Members Present.. John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis P, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Absent.- Wzlliam W Ilarrison, Jr. [FAMIL Y VA CA TION IN SCO 77SDAIP-, ARIZONA] Nancy K Parker [DA U(;HTF@R ILL] INVOCATION- Reverend Tommy Taylor London Bridge Baptist Church December 3, 1996 - 19 - Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 41485 UPON motion by Vice Mayor Sessoms, seconded by Councilman Heischober, 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 Fxecutive Session to which this certification resolution applies; AAID, 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: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera F@. Oberndorf Yice Mayor William D. Sessonts, Jr. and Louisa K 5trayhorn Council Members Voting Nay: None Council Members Absent.- William W Harrison, Jr. and Nancy K Parker December 3, 1996 Resolution CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Brach City Council convened into EXECUTIVE SESSION, pursuant to the affirinative vote recorded in ITEM # 41484 Page No. 17 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. Ru'th Hodges mith" CMC/AAE City Clerk December 3, 1996 - 20 - ite,m V-El MINUTES ITEM # 41486 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 26, 1996. Voting: 8-0 Council Meinbers Voting Aye: John A. Baum, Linwood 0. Branc& III, Barbara M. Henley, Louis R JOne.v, Reba S McCiaman, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Meinbers Voting Nay: None Council Members Abstaining: Harold Heischober Council Meinbers Absent.- ;Klliam W Harrison, Jr. and Nancy K Parker Councilman Heischober ABSTAINED as he was not in attendance during the City Council Session of Noveinber 26, 1996. December 3, 1996 - 21 - Item V- G. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 41487 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 3, 1996 - 22 - ite,m V-H. 1. AA7VOUNCEMENT ITEM # 41488 Wally Timmons, Tidewater AAA PRESENTED: AWARD OF MERIT - TRAFFIC SAFETY CITY OF VIRGINIA BEACH The Award of Merit is granted to Cities for demonstrating combined achievement in both Pedestrian Safety Records and Traffic Safety Activities. The City was awarded this National Award in Cities of the 200,000 - 500,000 class by an independent group of judges. The City earned the highest score for its population group. The City's death rate was .7 in comparison to a full 2.4 nationally. The proportion of traffic's deaths was 17 which was lower than the average rate of 28.2. Mr. Timmons was accompanied by: Carol Orman, President - Tidewater AAA and Ivan Mapp, Chairman of the Board - Tidewater AAA. December 3, 1996 - 23 -- Item V-H.2 ANNOUNCEMENT ITEM # 41489 Mayor Oberndorf announced last evening, December 2, 1996, during their Annual Meeting, the Human Rights Commission presented an Award to Council Lady Strayhorn for her work in the community on behalf of young people in terms of equal opportunity. Council Lady Strayhorn advised Mayor Oberndorf also received an Award for her work in the community in terms of equal opportunity. December 3, 1996 - 24 - Item V-I. PUBLIC HEARING ITEM # 41490 Mayor Oberndorf DECLARED A PUBLIC HEARING: FY 1996-1997 CAPITAL BUDGET - PROPOSED AMENDMENT Community Services Board (MHMRSA) - CSB Complex Richard Wilburn, 4453 Bonney Road, Phone: 473-1700, represented the Clarion Hotel and spoke in SUPPORT with concerns. Eric Voliva, 4269 Long Wood Road, Phone: 416-1021, represented Beach House, and spoke in OPPOSITION. There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC IREARING. December 3, 1996 - 25 - Item V-K CONSENT AGENDA ORDINANCES ITEM # 41491 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED BY CONSEAT in ONE MOTION Items 2, 3, 4 of Ordinances. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Harold Heischober, Barbara M. Hen@, Louis R @es, Reba S. McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Members Voting Nay: Non e Council Members Absent.- William W Harrison, Jr. and Nancy K Parker December 3, 1996 - 26 - Item V-KI. ORDINANCES ITEM # 41492 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinances re Community Services Board CSB Complex Infra- structure Project (#3-106) (BAYSIDE BOROUCYH).: a. APPROPRIATE $12,000,000 to the FY 1996-1997 Capital Budget Project. b. Authorize ACQUISITION in fee simple for land, buildings and parking spaces, either by agreement or condemnation. Voting: 7-1 Council Members Voting Aye: John A. Baum, Harold Heischober, Louis R. Jones, Reba S. McClanan, MaYor Meyera E. Oberndorf Ilice Mayor William D. @ssoms, Jr and Louisa K Strayhorn Council Members Voting Nay: Barbara M. Henley Council Members Abstaining: Linwood 0. Branc& III, Council Members Absent: William W Harrison, Jr. and Nancy K Parker Councibnan Branch ABSTAINED as his family operates a DaYs Inn franchise property of the same type as one of the properties involved in this Ordinance. December 3, 1996 1 AN ORDINANCE TO APPROPRIATE $12 MILLION 2 DOLLARS TO THE FY 1996-97 CAPITAL PROJECT 3 BUDGET FOR THE PURPOSE OF FUNDING COMMUNITY 4 SERVICES BOARD INFRASTRUCTURE PROJECT 13-106 5 WHEREAS, the Community Services Board (CSB) has 6 recommended to City Council that the City acquire existing 7 facilities, rehabilitate those properties, and create a CSB complex 8 housing all CSB programs; 9 WHEREAS, the CSB has specifically requested the Council 10 to appropriate $12 million dollars to provide funding for the CSB 11 complex through the creation of project #3-106 Community Services 12 Board Infrastructure; 13 WHEREAS, the initial capital outlays will be paid from 14 funds currently available to the City, with the expectation that 15 permanent financing of the costs of the complex will be paid from 16 the proceeds of a capital lease agreement or alternative financing 17 agreement; 18 WHEREAS, the City expects to reimburse itself from the 19 proceeds of such permanent financing; and 20 WHEREAS, the CSB, through the Department of Mental Health 21 - Mental Retardation - Substance Abuse (MHMRSA) , will underwrite 22 the annual debt service within appropriations for MHMRSA without 23 increased City (i.e, local) funding. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 1. That City Council hereby creates Capital Project #3-106 27 Community Services Board Infrastructure; 28 2. That the Council hereby appropriates $12 million dollars 29 to Capital Project #3-106 to fund the CSB complex; 30 3. That estimated revenue from the proceeds of a capital 31 lease agreement or alternative financing agreement are hereby 32 increased by $12 million dollars; 3 3 4 . That the CSB will underwrite the annual debt service 34 within the appropriations for the Department of MHMRSA without 35 increased city (i.e., local) funding; and 36 5. That the City intends to reimburse itself for the above- 37 referenced capital costs from the proceeds of the capital lease or 38 alternative financing agreement. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the 3rd day of December -, 1996. 41 This ordinance shall be effective from the date of its 42 adoption. 43 CA-6499 44 ORDIN\NONCODE\CSB.ORD 45 R-1 46 PREPARED: November 27, 1996 CITY &TT(-;:@,l 2 1 AN ORDINANCE AUTHORIZING ACQUISITION IN FEE 2 SIMPLE OF LAND, BUILDINGS AND PARKING SPACE 3 FOR THE COMMUNITY SERVICES BOARD/DEPARTMENT OF 4 MENTAL HEALTH EITHER BY AGREEMENT OR BY 5 CONDEMNATION 6 WHEREAS, in the opinion of the Council of the City 7 of Virginia Beach, Virginia, a public necessity exists for the 8 acquisition of land to provide buildings and parking space for the 9 City of Virginia Beach Community Services Board/Department of 10 Mental Health and for other public purposes for the preservation of 11 the safety, health, peace, good order, comfort, convenience, and 12 for the welfare of the people in the city of Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City Council authorizes the 16 acquisition by purchase or condemnation pursuant to Sections 14, 17 15.1-236, et sea., 15.1-898, 15.1-899, and Title 25-46.1 et seq., 18 Code of Virginia of 1950, as amended, all that certain real 19 property in fee simple, including temporary and permanent easements 20 of right of way described as follows: 21 A) All that property described as 22 "Emeline Daughtrey, D.B. 71 P. 94, 2.000 23 acres" as shown on that certain plat entitled 24 "Property Survey for C.W. Miller Property 25 Virginia Beach, Virginia" dated April 6, 1966, 26 and recorded in Map Book 69 at Page 32 in the 27 Clerk's office of the Circuit court of the 28 City of Virginia Beach, Virginia. 29 B) All that property described as 30 parcels "A, 1.351 AC." "B, 2.125 AC." "C, 31 2.125 AC." and "D, 2.069 AC." as shown on 34 that certain plat entitled "Partition Plat of 3 5 Property of COBO Corporation, Kempsville 36 Borough, Virginia Beach, Virginia", dated May 37 21, 1976 and recorded in Map Book 114 at Page 38 44 in the Clerk's Office of the Circuit court 39 of the City of Virginia Beach, Virginia. 40 C) All that property described as parcel 41 "Al Little 2.4 AC." as shown on that certain 42 plat entitled "Property of George E. Peace, et 43 al, Located Near Powell's Corner, Princess 44 Anne County, Virginia" dated October 19, 1955 45 and recorded in map Book 40 at Page 42 in the 46 Clerk's office of the Circuit Court of the 47 City of Virginia Beach, Virginia. 48 said properties are also shown on a location map entitled "Location 49 Map for Proposed Site for Virginia Beach Department of Mental 50 Health" attached hereto and on file in the office of Real Estate 51 Department of Public Works, Virginia Beach, Virginia. 52 Section 2. That the City Manager is hereby 53 authorized to make or cause to be made on behalf of the City of 54 Virginia Beach, to the extent that funds are available, a 55 reasonable offer to the owners or persons having an interest in 56 said lands. If refused, the City Attorney is hereby authorized to 57 institute proceedings to condemn said property. 58 Adopted by the Council of the City of Virginia 59 Beach, Virginia, on the 3rd day of December 1996. 60 R-1 61 CA-6495 NONCODE\CA6495.ORD D AS TO CONTENTS Si DEPAR@ APPROVED AS TO LEGAL $UFFICIEN Y "D FORK CITY ATTORNEY 2 I,OCATION MAP FOR PROPOSED SITE I-OR VIRGINIA [IFACII 1.)EPAWI'MEN'I'OF MENTAL HEALTH V) - 27 - Item V-K2. CONSEAIT AGENDA ORDINANCES ITEM # 41493 Upon motion by Vice Mayor Sessoms, seconded by Counclilman Branch, City Council ADOPTED: Ordinance to authorize the City Manager to execute an Installment Sale Contract, subject to the non-appropriation of funds, re the purchase of approzimately 549 acres at Camp Pendleton State Military Reservation from the Commonwealth; and, authorize acquisition of two (2) additional parcels (estimated cost: $50,000) adjacent to Camp Pendleton. Voting: 9-0 (By Consent) Council Meinbers Voting Aye: John A. Baum, Linwood 0. Brancl; III, Harold Ifeischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Trice Mayor William D Sessoms, Jr. and Louisa K @5trayhorn Council Members Voting Nay: None Council Members Absent. William W Harrison, Jr. and Nancy K Parker December 3, 1996 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN INSTALLMENT 3 SALE CONTRACT, SUBJECT TO THE NON- 4 APPROPRIATION OF FUNDS, FOR THE 5 PURCHASE OF PROPERTY AT CAMP 6 PENDLETON STATE MILITARY RESERVATION 7 FROM THE COMMONWEALTH 8 WHEREAS, the City of Virginia Beach has been leasing land 9 at the Camp Pendleton Military Reservation for a variety of public 10 uses; 11 WHEREAS, these uses include an elementary school, fire 12 training center, museum, fire station, tennis center and golf 13 course; 14 WHEREAS, the General Assembly has authorized the sale of 15 these properties to the City for the suin of $6,299,518.00; 16 WHEREAS, the Commonwealth and the City have reached 17 agreement on the terms and conditions for the purchase of these is properties pursuant to an installment sale contract, subject to the 19 non-appropriation of funds; 20 WHEREAS, in addition to the original parcels included in 21 the installment sale contract with the Commonwealth, there are two 22 (2) adjacent parcels which the City deems in its best interest to 23 obtain, at an estimated cost of $50,000; 24 WHEREAS, the necessary funding for the payment due in 25 FY1996-97 for this project has already been appropriated and is 26 reflected in the FY1996-97 CIP Budget, Project Number 3-982; and 27 WHEREAS, additional funds in the amount of $220,726 28 necessary to complete purchase of all of the properties, including 29 the adjacent parcels, will be included in the FY1997-98 Capital 30 Budget. 31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 32 CITY OF VIRGINIA BEACH, VIRGINIA: 33 1. That the City Manager is hereby authorized and 34 directed to enter into an installment sale contract, subject to the 35 non-appropriation of funds, for the purchase of approximately 549 36 acres of property at Camp Pendleton Military Reservation pursuant 37 to an "Agreement of Sale" substantially in the form attached 38 hereto; and 39 2. That the City Manager is further authorized and 40 directed to take all necessary actions for the acquisition, at an 41 estimated cost of $50,000, of two (2) additional parcels of land 42 located adjacent to the Camp Pendleton Military Reservation 43 property. 44 Adopted by the City Council of the city of Virginia Beach on 45 this 3rd day of December 1996. 46 CA-6497 47 DATA/ORDIN/NONCODE/PENDLE.ORD 48 DATE PREPARED: 49 R2 APPROVED AS TO CONTENT APPROVED AS TO LEGAL 50 SUFFICIENCY 51 52 Mmagcment Semi,4-- Department of Law CAMP PENDLI 11 STATE MIUTARY R[5@R", 318 4 A( Pi JW.CJM BOOTH & BMNEI ROAD M&m 6y Z =ired cffr or vmo VA APPING AGREEMENT OF SALE THIS AGREEMENT OF SALE is made this 12th day of November, 1996, by and between the COMMONWEALTH OF VIRGINIA (the "Commonwealth") and the CITY OF VIRGINIA BEACH (the "City'')- W I T N E S S E T H: 1. PROPERTY: Pursuant to Chapter 690 of the 1994 Acts of Assembly and Chapter 912 of the 1996 Acts of Assembly, the Commonwealth agrees to sell, and the city agrees to purchase on and subject to the terms set forth herein the following described real property (the "Property"): A. Tract 1, containing 288 acres, more or less, and commonly referred to as "Red Wing Golf Course"; B. Tract 2, containing 132 acres, more or less, and commonly referred to as the "Forest Tract"; C. Tract 3, containing 70 acres, more or less, and commonly referred to as the "Fire Training/Elementary School Tract"; and D. Tract 4, containing 59 acres, more or less, and commonly referred to as the "Municipal Tract-Owls Creek". 2. PURCHASE PRICE: The Purchase Price for the Property shall be $6,299,518.00 and shall be paid as follows: A. on or before 01/01/97* $884,879.50 B. on or before 07/01/97 $874,879.50 C. on or before 07/01/98 $874,879.50 D. on or before 07/01/99 $864,879.50 E. on or before 12/31/00 $2,800,000.00 F. Pursuant to Chapter 655 of the 1992 Acts of Assembly, as amended, and Chapter 912 of the 1996 Acts of Assembly, the Commonwealth has agreed that upon the payment of $2,800, ooo by the City, at any time prior to the date set forth in Section 2E, as the local share of a Beach and Shoreline Management and Resource Project (the "Beach Project") , the City's obligation to make the payment due under Section 2E shall be satisfied. For purposes of the preceding sentence, "payment" means, with respect to the Beach Project, payment to the federal government, or an agency thereof, or otherwise as may be directed by the federal agency administering the Beach Project. If, however, the City shall pay such sum to the commonwealth, pursuant to Section 2E, and thereafter (but no later than June 30, 2001( the federal share of the Beach Project is funded and the city is obligated to pay the $2,800,000 for the Beach Project, then, in such event, the commonwealth agrees that it shall pay over such amount to the City or otherwise in accordance with the requirements of the federal agency administering the Beach Project. Notwithstanding such payment by the Commonwealth, the City's obligation to make the payment due under Section 2E shall remain satisfied. The City shall permit the Commonwealth to audit and/or inspect applicable City documents and records to monitor the expenditure of funds for the Beach Project. The Commonwealth shall not be obligated to return any portion of 2 such sum if the federal share of the Beach Project is not funded by June 30, 2001. or within thirty (30) days after this Agreement has been fully executed by both parties, whichever shall last occur. 3. CONVEYANCE SCHEDULE: A. For purposes of this Agreement, the Parties have assigned "take down" values to each of the four tracts to be conveyed, as set forth in Section 5 hereof. The City shall be entitled to demand the conveyance of one or more of the tracts at any time, provided, however, that the Commonwealth shall not be required to coney any tract if the take down value of that tract, when combined with the take down value of any tracts previously conveyed, shall exceed that portion of the Purchase Price paid as of such date. B. For purposes of Section 3A only, if the City shall have satisfied the obligation to make the payment due under Section 2E in the manner set out in Section 2F, then the City will be credited with the sum of $857,018 towards the take down price of any tract not yet conveyed to the City. No other portion of the $2,800,000 payment by the City for the Beach Project shall be available to the City towards the take down of any tract. As hereinafter provided, this credit may be revoked by the Commonwealth in the event of a subsequent non-appropriation by the City. C. In the event any payment is not made when due, subject to the provisions of paragraph 5 below, the City 3 agrees that interest will accrue on the amount of such payment in accordance with the provisions of the Prompt Payment Act, Sll-62.1 et seq of the Code of Virginia of 1950, as amended. 4. CONDITIONS:- The Property shall be conveyed on and subject to the following terms: A. Deed(s): The Property shall be conveyed by Special Warranty Deed(s) , however, the City acknowledges that with respect to Tract 3, adverse claims exist to a right-of- way/access road along the eastern boundary and that certain roadway and other encroachments exist (collectively, the "Encroachraents"). The City agrees to accept Tract 3 with the Encroachments and shall make no claim against the Commonwealth based on the existence of the Encroachments. Additionally, the Commonwealth makes no representation as to the location of boundary lines or the acreage of any portion of the Property. Subject to the foregoing, title to the Property shall be acceptable to the City and insurable by a title insurance company selected by the City. The Commonwealth shall have no obligation to cure any title defects reported, but will cooperate with the City, at the City's expense, to cure same. The Property shall be described by reference to one or more surveys or subdivision plats, as appropriate, prepared by and at the expense of the City. 4 B. Leases: At the time of conveyance, any lease between the Commonwealth and the City on any portion of the Property conveyed shall terminate as to the portion conveyed. C. Deed Restrictions: The following restrictions shall be contained in the appropriate deed(s) of conveyance: (i) Tract 1 and Tract 2 shall be used only for municipal recreational purposes and shall be subject to reclamation by the Commonwealth, in whole or in part, upon demand by the Governor, in the event of a national emergency declared by the President or by Congress. Any portion of Tract I and Tract 2 reclaimed shall be returned and reconveyed to the City upon the expiration of the emergency. (ii) Tract 3 and Tract 4 shall be used only for municipal purposes. (iii) The City agrees to maintain a 1001 buffer of trees or other landscaping to maintain a screen or buffer along the northern boundary of Tract 2. D. Property Condition: The Property shall be conveyed in an "AS IS" condition, and the Commonwealth makes no representations or warranties with respect to the Property being in compliance with any environmental laws or regulations. 5. Non-appropriation: A. It is understood and agreed between the parties hereto that the City shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this Agreement. if sufficient funds are not appropriated for any payment due s hereunder, the City shall notify the Commonwealth and this Agreement shall terminate at the option of either the City or the Commonwealth. If the Commonwealth terminates this Agreement pursuant to this paragraph and at the time of such termination there exists an excess of f unds which have been paid by the City to the Commonwealth for those portions of the Property which have been granted to the City based on the take down values set forth below, such excess shall be returned to the city within thirty (30) days after the date of written notice of the termination has been given by the Commonwealth to the City. If the City terminates this Agreement pursuant to this paragraph and at the time of such termination there exists an excess of funds which have been paid by the City to the Commonwealth for those portions of the Property which have been granted to the City based on the take down values set forth below, such excess shall be returned to the City within thirty (30) days after the receipt by the Commonwealth of written notice of the termination of this Agreement. Tract 1.................. $1,385,000 Tract 2.................. $ 865,000 Tract 3.................. $1,462,500 Tract 4.................. $1,730,000 B. Notwithstanding the provisions of Section 5A, in the event of a non-appropriation by the City, any credit granted to the City pursuant to the provisions of Section 3B shall be terminated. If, at the time of such non-appropriation, no portion of the credit has been applied against the take down 6 of any tract, then the effect will be as though the credit had never been granted. If, however, at the time of such non- appropriation, any portion of the credit has been applied against the take down of any tract, then, at the option of the City, the City shall either (1) reimburse the Commonwealth the amount of the credit applied to take down a tract, or (2) re- convey that tract (or tracts) to the Commonwealth with any excess payments being calculated and returned as provided in Section 5A. The City shall provide written notice to the Commonwealth of its election hereunder within thirty (30) days after the action resulting in the non-appropriation, and payment or settlement, as appropriate, shall occur within thirty (30) days after providing such notice. If notice of election is not timely given, or if an election is made but payment or settlement is not timely made, then in either such event, the Commonwealth shall have the right to re-enter upon such tract or tracts on the date that election should have been made or the date set for payment or settlement and thereafter demand reconveyance thereof in a proceeding for specific performance of this Agreement. 6. Existing Easements: The Property shall be conveyed subject to existing covenants, conditions, restrictions and easements of record, if any, constituting constructive notice to the City. 7. MISCELLANEOUS: A. The costs of all surveys, subdivisions, engineering, environmental and other studies, 7 inspections and tests conducted on the Property shall be the responsibility of the City. B. In the event the City has not taken title to Tract 4 by the time the School Board of the City (the "Board") is prepared to build a new school on Tract 4, the Commonwealth agrees to permit the construction of such school under the current lease arrangement with the City and to cooperate with the City and the Board in the execution of necessary documents, easements, etc. for such purpose. Furthermore, the Commonwealth agrees to cooperate with the City with respect to the conveyance of any necessary easements or rights affecting Tract 4 in accordance with and to the extent permitted by law. C. The City shall not assign its rights under this Agreement. D. There shall be no modification of this Agreement, except in writing, executed by the authorized representatives of the Commonwealth and the City, except for legislative action taken by the General Assembly of Virginia. In the event of such legislative action, this Agreement shall be deemed modified in accordance with such legislative action without further action of the parties hereto. E. Any notices required to be given hereunder shall be in writing and mailed by certified mail, return receipt requested, and addressed as follows: If to the Commonwealth: 8 If to the City: City Manager Municipal Center Virginia Beach, Virginia 23462 WITNESS the following Signatures: COMMONWEALTH OF VIRGINIA BY CITY OF VIRGINIA BEACH BY City anager ATTEST: City Clerk [Seal] APPROVED AS TO CONTENT: Robez APPROVED AS TO CONTENT: PW/Re 9 APPROVED AS TO BUDGET REQUIREMENTS: Management S CERTIFIED AS TO AVAILABILITY OF FUNDS Finance Department APPROVED AS TO LEGAL SUFFICIENCY @ity Attorney G:Wm@@@@Wf4l82.2gl 2.0 - 28 - Item V-K3. CONSEAT AGENDA ORDINANCES ITEM # 41494 UPON motion bY Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND Sections 2-84 and 2-119 of the City Code re earning of annual and sick leave by Firefighters. Voting: 9-0 (By Consent) Council Meinbers Votzng Aye: John A Baum, LinwOOd 0. Branch, III, Harold Heischober, Barbara M HenleY, Louis R Jones, Reba S McCianan, Mayor Meyera E Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Meinbers Absent: William W. Harrison, Jr. and Nancy K Parker December 3, 1996 1 2 AN ORDINANCE TO AMEND PROVISIONS OF 3 THE CITY CODE PERTAINING TO THE 4 EARNING OF ANNUAL AND SICK LEAVE BY 5 FIREFIGHTERS 6 SECTIONS AMENDED: 2-84 AND 2-119 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Sections 2-84 and 2-119 of the Code of the City of 11 Virginia Beach, Virginia, are hereby amended and reordained to read 12 as follows: 13 Sec. 2-84. Annual and personal leave--Schedule of earning. 14 With the exception of employees of the school board, all full- 15 time employees, and all part-time employees hired prior to July 1, 16 1996, shall earn annual leave and, with supervisory approval, may 17 utilize annual leave upon accrual as follows: 18 (1) All full-time employees or appointees, excluding 19 firefighters, who work@ thirty-seven and one-half (37 20 1/2) or more hours per work week, excluding firefighters 21 assigned to fifty-six (56) hour per work week Positions, 22 shall be credited with: 23 (a) Eight (8) hours per month for each month of 24 employment for employees having accrued the 25 equivalent of less than five (5) years of full-time 26 employment. 27 (b) Ten (10) hours per month for each month of 28 employment for employees having accrued the 29 equivalent of five (5) or more years, but less than 30 ten (10) years, of full-time employment. 31 (c) Twelve (12) hours per month for each month of 32 employment for employees having accrued the 33 equivalent of ten (10) or more years, but less than 34 fifteen (15) years, of full-time employment. 35 (d) Fourteen (14) hours per month for each month of 36 employment for employees having accrued the 37 equivalent of fifteen (15) or more years, but less 38 than twenty (20) years, of full-time employment. 39 (e) Sixteen (16) hours per month for each month of 40 employment for employees having accrued the 41 equivalent of twenty (20) or more years of full- 42 time employment. 43 (2) The hears ef annual leave earned per menth fer eaeh hear 44 wer!Eed by firefighters, e3feluding evertime hears, shall 45 be oempated by multiplying the nambel- ef heui-s wei-ieed pe-r- 46 menth, e3feluding evertime hears, by the feliewingi All 47 firefighters assigned to fifty-six (56) hour iper work 48 week Positions shall be credited with: 49 (a) zG46 Eleven point two (11.2) hours t)er month for 50 each month of employment for employees having 51 accrued the equivalent of less than five (5) years 52 of full-time employment. 53 (b) .058 Fourteen (14) hours per month for each month 54 of employment for employees having accrued the 55 equivalent of five (5) or more years, but less than 56 ten (10) years, of full-time employment. 57 (c) wG69 Sixteen point eight (16.8) hours t)er month for 58 each month of employment for employees having 59 accrued the equivalent of ten (10) or more years, 60 but less than fifteen (15) years, of full-time 61 employment. 62 (d) .98! Nineteen point six (19.6) hours Rer month for 63 each month of employment for employees having 64 accrued the equivalent of fifteen (15) or more 65 years, but less than twenty (20) years, of full- 66 time employment. 67 (e) .992 Twenty-two point four (22.4) hours r)er month 68 for each month of emdlovment for employees having 69 accrued the equivalent of twenty (20) years or more 70 of full-time employment. 2 70 (3) Part-time employees employed prior to July 1, 1996, shall 71 continue to be credited with annual leave on a basis 72 proportionate to that awarded full-time employees as set 73 forth in subsection (1) above. Part-time employees 74 employed on or after July 1, 1996, will accrue a maximum 75 of eight (8) hours of personal leave per month prorated 76 based on the number of hours worked; provided, however, 77 that the provisions of subsection (1) above shall not be 78 applicable to part-time employees. Part-time employees 79 who have worked the equivalent of six (6) calendar months 80 may utilize accrued personal leave, with supervisory 81 approval. 82 (4) Records shall be kept within each department of the 83 annual leave accumulated and taken by each employee 84 within such department; and at the end of each calendar 85 month, a leave report shall be submitted to the 86 department of human resources. 87 (5) Under no circumstances shall annual leave be granted in 88 advance of its accrual or paid in lump sum except upon 89 termination of employment. 90 (6) When an employee is in a nonpay status for portions of a 91 calendar month, then annual leave accrual for such month 92 shall be reduced accordingly by the director of human 93 resources to reflect the employee's nonpay status. 94 COMMENT 95 The Content to subsection (1) of this section clarifies that firefighters assigned to fifty-six (56) hour per 96 work week positions do not accrue annual leave at the same rate as other City employees. The amendment to 97 subsection (2) of this section changes the rate at which such firefighters accrue annual leave to one @ upon a 98 set number of hours of leave per month. 99 Sec. 2-119. Sick leave. 100 (a) Sick leave shall be defined as leave with pay granted to 101 an employee during periods of personal illness, temporary 102 disability (including maternity), medically required confinement, 103 and medical and dental office appointments. 104 (b) All full-time merit (including probational) employees and 105 appointees ;-anF] i:-i-*ne temper-ar-y erapleyees shall be eligible to 106 receive sick leave based on the following provisions: 3 107 (1) Sick leave shall be credited at the rate of eight (8) 108 hours per month of employment with the city. A 109 proportionate number of hours shall be awarded for a 110 partial month's work. Employees shall be allowed to ill accrue an unlimited number of sick leave hours. 112 (2) The department head may at any time require the employee 113 to provide written medical documentation of his illness. 114 (3) All employees eligible to accrue sick leave who were 115 employed prior to the effective date of this section 116 shall begin the sick leave system with a "beginning 117 balance" of available sick leave hours. 118 (4) An employee's "beginning balance,, shall be determined by 119 subtracting the hours of sick leave used by such employee 120 prior to the effective date of this section from those 121 hours which would have been earned under the provisions 122 of this section had it been in effect since January 1, 123 1963. In the event that records which are necessary to 124 compute an employee's "beginning balance" are 125 unavailable, it shall be assumed that each employee 126 earned four (4) hours of sick leave for every month that 127 said record are unavailable. 128 (5) The "beginning balance" of sick leave hours available for 129 use by an employee as of the effective date hereof shall 13 0 be noted in the employee's personnel file. However, those 131 employees with a negative "beginning balance" shall begin 132 with a balance of zero sick leave hours. 133 (6) The heurs ef sie]E I:ea:ve earned per- menth for- eaeh heu-r- 134 werieed by firefighters, excluding evertiine hearb, shall 135 be eafepated by iaul:tiplying the number ef- heurb wer-Irced peL- 136 irefkth, exelading evertiffte heurs, by a faster et .046; 137 Firefighters assigned to fifty-six (56) hour per work 138 week positions shall be credited with sick leave at a 139 rate of eleven point two (11.2) hours Der month. 4 140 (7) An employee's sick leave balance shall revert to a zero 141 balance upon the change in number of hours from full-time 142 status to part-time status. 143 (8) Employees in an approved extended sick leave status (more 144 than f ive (5) working days) on January 1, 1986, shall 145 remain under the provisions of the city's current sick 146 leave policy until their return to work. Upon the 147 employee's return to work, his or her beginning sick 148 leave balance would be calculated as specified in 149 paragraph (4) above. 150 (c) Seasenal Part-time employees shall not be eligible to 151 receive sick leave. 152 COMMENT 153 The @dment to subsection (b) (6) of @s section changes the rate at which firefighwu accrue sick leave 154 from a rate arrived at by multiplying the number of hours worked in a month by a factor of .046, to a set rate of 155 eleven point two (I 1.2) hours per month. The additional amendments to subsections (a) and (c) bring this section 156 into conformance with recent changes to the basic pay plan ordinance Lbat elimina@ any referenced to full-time 157 tempomq and @nal employees. 158 Adopted by the City Council of the City of Virginia Beach on 159 this 3rd day of December, 1996. 160 CA-6450 161 DATA/ORDIN/PROPOSED/2-84-119.ORD 162 NOVEMBER 26, 1996 163 R3 APPROVED AEONTENT Resources APPROVED AS TO LEGAL SUFFICEENCY 6epartment of Law 5 - 29 Item V-K4.a.b. CONSENT AGENDA ORDINANCES ITEM # 41495 UPOn motion by Vice Mayor Sessoms, seconded by Councilman Branch, CitY Council ADOPTED: Ordinances appointing viewers: In the petition of RUNNYMEDE CORPORATION for the closure of portions of Pine Street, PoPlar Street and Third Street located approximately 1,000 feet West of Rosemont Road and South of the Virginia Beach/Norfolk Expressway (LYNNHAVEN BOROUGH). In the petition of EDMUND C. RUFFIN and BQTS ASSOCIATES L.P for the closure of a 15' alley between 6th and 7th Streets on the North and South and between Atlantic and Pacific Avenues on the East and West (VIRGINLL BEACH BOROUGH), the Viewers are: David M. Grochmal Director of General Services Robert J. Scott Director of Planning Ralph A. &nith Director of Public Works Voting: 9-0 (By Consent) Council Members Voting Aye: John A. BauPn, Linwood 0. Branct% III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr and Louisa K @5trayhorn Council Members Voting Nay: None Council Members Absent.- William W Harrison, Jr and Nancy K Parker December 3, 1996 ORDINANCE APPOINTING VIEWERS WHEREAS, The Runnymede Corporation has given due and proper notice, in accordance with the statutes for such cases made and provided, that they will on the 3rd day of December, 1996, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of viewers to view the below-described property and report in writing to the ('ouncil whether, in the opinion of said viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portions of those certain streets of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J, Scott David M. Grochmal and Ralph A. Smith are hereby appointed to view the below-described property and report in writing to the Council, as soon as possible, whether in their opinion, any and if any, what inconvenience would result in the discontinuing and vacating of a portion of those certain streets of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: PINE STREET: A portion of a Right of Way Known as Pine Street, beginning at a point which is the northeastern intersection of Pine Street and Fourth Street and running thence north N40°22'17"E a distance of 499.40 feet to the intersection of Third Street, said Right of Way being 66.02 feet in width. THIRD STREET: A portion of a Right ot'Way known as Third Street beginning at a point which is the Northeastern intersection of Pine Street and Third Street and nmning thence east S87°18'48"E a distance of 412.84 feet to the intersection of Third Street and Poplar Street, said Right of Way being 50.02 feet in width. POPLAR STREET: A portion of a Right of Way known as Poplar Street, beginning at a point which is the Northwestern intersection of Poplar Street and Third Street and running thence South S04°22'17"W a distance of 499.40 feet to the intersection of Poplar Street and Fourth Street, said Right of Way being 66 feet in width. All of which aforesaid streets are shown on a certain Plat entitled "PLAT SHOWING A PORTION OF PINE STREET, POPLAR STREET & THIRD STREET TO BE CLOSED, LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA, OCTOBER 28,1996", which plat is attached hereto as Exhibit A- 1. Adopted by the Council of the City of Virginia Beach, Virginia, on this 3rd day Of December , 1996. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS OF VARIABLE WIDTH, KNOWN AS, Pine St r Street i Third Street, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, Showing a Portion of Pine Street, Poplar Street & Third Street To Be Closed" WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, The Runnymede Corporation, respectfully represents as follows: PINE STREET: A portion of a Right of Way known as Pine Street, beginning at a point which is the northeastern intersection of Pine Street and Fourth Street and running thence north N40°22'17"E, a distance of 499.40 feet to the intersection of Third Street, said Right of Way being 66.02 feet in width. THIRD STREET: A portion of a Right of Way known as Third Street beginning at a point which is the Northeastern intersection of Pine Street and Third Street and running thence east S87°18'48"E a distance of 412.84 feet to the intersection of Third Street and Poplar Street, said Right of Way being 50.02 feet in width. POPLAR STREET: A portion of a Right of Way known as Poplar Street, beginning at a point which is the Northwestern intersection of Poplar Street and 'I'hird Street and running thence South S04°22'17"W a distance of 499.40 feet to the intersection of Poplar Street and Fourth Street, said Right of Way being 66 feet in width. All of which aforesaid streets are shown on a certain Plat entitled "PLAT SHOWING A PORTION OF PINE STREET, POPLAR STREET & THIRD STREET TO BE CLOSED, LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA, OCTOBER 28,1996", which plat is attached hereto as Exhibit A- 1. l . That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of those certain streets, which is more specifically described as follows Said parcels of land being the portions of Pine Street, Poplar Street, and Third Street, as indicated on that certain plat entitled "Plat Showing a Portion of Pine Street, Poplar Street, & Third Street To Be Closed - Lyniihaven Borough - Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed streets. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said streets; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said plafted streets proposed to be closed and to report in writing to the Council on or before the - day of , 1996, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of said streets, as herein reported and described. 3. That on the 8th day of November, 1996 and on the 15th day of November, 1996, notice of the presenting of this application was published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virginia Beach, Virginia 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted streets are your Petitioners herein, The Runnymede Corporation, 21 01 Parks Avenue, Suite 600, Virginia Beach, Virginia. Respectfully submitted, THE RUNNYMEDE CORPORATION B@ Of Counsel Wm. David Timberlake Fine, Fine, Legum & Fine 21 01 Parks Avenue, Suite 601 Virginia Beach, VA 23451 NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 3rd day of December, 1996. at 2:00 p.m., at the City Hall of the City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for the appointment of Viewers to view the below-described portion of those certain streets and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing and discontinuance of same, the said portion of said streets being described as follows: PINE STREET: A portion of a Right ot'Way known as Pine Street, beginning at a point which is the northeastern intersection of Pine Street and Fourth Street and running thence north N40°22'17"E a distance of 499.40 feet to the intersection of Third Street, said Right of Way being 66.02 feet in width. i HIRD STREET: A portion of a Right of Way known as Third Street beginning at a point which is the Northeastern intersection of Pine Street and Third Street and running thence east S87°18'48"E a distance of 412.84 feet to the intersection of Third Street and Poplar Street, said Right of Way being 50.02 feet in widtli. POPLAR STREET: A portion of a Right of Way known as Poplar Street, beginning at a point which is the Northwestern intersection of Poplar Street and Third Street and running thence South S04°22'1 7"W a distance of 499.40 feet to the intersection of Poplar Street and Fourth Street, said Right of Way being 66 feet in width. All of which aforesaid streets are shown on a certain Plat entitled "PLAT SHOWING A PORTION OF PINE STREET, POPLAR STREET & THIRD STREET TO BE CLOSED, LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA, OCTOBER 28,1996", which plat is attached hereto as Exhibit A- 1. At that time, anyone affected may appear and present his views. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close, and discontinue those portions of the aforesaid streets in the City ot'Virginia Beach, Virginia, described above WM. DAVII)'I'IMBERL,AKE By: ()f ('ounsel FINE, FINE, LEGUM & FINE PROFESSIONAL AS@,IATI.@ LOUIS B FINE ATTORNEYS AT LAW PAVILION CENTER MORRIS H. FINE TELEPHONEI(804) 422-1616 2101 PARKS AVENUE. SUITE 501 HOWARD 1. LEGUM (RETIRED) TELECOPIER:(804) .22-0865 VIRGINIA BEACH, VIROINIA 23451 ANDREW S. FINE LEWIS ALLEN JOHN R. LOMAX OUR FILE NO: WILLIAM B. SMITH CERTIFICATE OF VESTING OF STEVEN P. LETOURNEAU M. MICHELLE P. M@CRACKEN I, Wm. David Timberlake, attorney for The Runnymede Corporation, do hereby certify that: 1. I am an attorney at law and represent The Runnymede Corporation, the petitioner. 2. If the property described below is discontinued, closed, and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in The Runnymede Corporation. 3. The said property referred to herein is hereby described as follows: PINE STREET: A portion of a Right of Way known as Pine Street, beginning at a point which is the northeastern intersection of Pine Street and Fourth Street and running thence north N40°22'17"E a distance of 499.40 feet to the intersection of Third Street, said Right of Way being 66.02 feet in width. THIRD STREET: A portion of a Right of Way known as Third Street beginning at a point which is the Northeastern intersection of Pine Street and Third Street and running thence east S87°18'48"E a distance of 412.84 feet to the intersection of Third Street and Poplar Street, said Right of Way being 50.02 feet in width. POPLAR STREET: A portion of a Right of Way known as Poplar Street, beginning at a point which is the Northwestern intersection of Poplar Street and Third Street and running thence South S04°22'17"W a distance of 499.40 feet to the intersection of Poplar Street and Fourth Street, said Right of Way being 66 feet in width. All of which aforesaid streets are shown on a certain Plat entitled "PLAT SHOWING A PORTION OF PINE STREET, POPLAR STREET & THIRD STREET TO BE CLOSED, LYNNHAVFN BOROUGH - VIRGINIA BEACH, VIRGINIA, OCTOBER 28,1996", which plat is attached hereto as Exhibit A-1. Wm. David Timberlake LEGAL DESCRIPTION PINE STREET: A Portion of a Right of Way known as pine Street, beginning at a point which is the northeastern intersection of Pine Street and Fourth Street and running thence north N40°22'17"E a distance of 499.40 feet to the intersection of Third Street, said Right of Way being 66.02 feet in width. THIRD STREET: A portion of a Right of Way known as Third Street beginning at a point which is the Northeastern intersection of Pine Street and Third Street and running thence east S87°18'48"E a distance of 412.84 feet to the intersection of @ S@ and Poplar Street said Right of Way being 50.02 feet in width. POPLAR STREET: A portion of a Right of Way known as Poplar Street, beginning at a point which is the Northwestern intersection of Poplar Street and Third Street and running thence South S04°22'17"W a distance of 499.40 feet to the intersection of Poplar Street and Fourth Street, said Right of Way being 66 feet in width. All of which aforesaid streets are shown on a certain Plat entitled "PLAT SHOWING A PORTION OF PINE STREET, POPLAR STREET & THIRD STREET TO BE CLOSED, LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA, OCTOBER 28,1996", which plat is attached hereto as Exhibit A-1. Wm. David Timberlake AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Wm. David Timberlake, attorney for The Runnymede Corporation, being first duly swom, deposes and states: 1. That I am an attorney at law and represent The Runnymede Corporation. 2. That on the 8th day of November, 1996, and on the 15th day of November, 1996, notice of the presenting of the application to close a portion ot'those certain streets known as Pine Street, Poplar Street, and Third Street on behalf ol'The Runnvmede Corporation. was published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. Wm. David Timberlake Subscribed and swom to before me this day of 1996. Notar-v Public My commission expires: mvrlr, VIRCINIA WA40V - AV 3 42- AW ISAWT AM LO"T" I' 2.OW AM ih. M, P.W.0 201%393 &Mr 15's 3 'R 16 16 CURW I 4 3 m@ Is is 4 4 W 19 F@F"N SMEER (50'R@s O&.?2 2J 'j 14 T 15 T 15 SWN sw,w (m @T A @TION OF ,PN,- smrr @L4R Sft7r & 7Hk?D S7RfET TO K CLOSED LMNHA@ @ - @A @. M@A OCTOBER 20.IM AKA MIMS BHUER - SM@N & ASSOCIATBS, P.C. M pw EM@. @G. @NMG @@MK@ & @AL @ tOT@ AREA - U.554 7 ON 1.107 X 033 muse @U n462 (804)4@@ YU: (BU)tN-Wn 'X' WT LMS TO N lw O' SW 200' BY@ .@X D. By -DATE iw "#W27A @UT 1 OF I ORDINANCE APPOINTING VIEWERS WHEREAS, EDMUND C. RUFFIN and BQTS ASSOCIATES, L.P., a Virginia limited partnership, has given due and proper notice in accordance with the law, that they would, on the 3rd day of December , 1996, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of viewers to view the below described portion of a 15' alley, in Virginia Beach Borough, in the City of Virginia Beach, Virginia, and to report in writing to this Council whether, in the opinion of said viewers, any, and if any, what inconvenience would result from the discontinuance, closure and abandonment of said portion of a 15' alley; and WHEREAS, such application has been properly filed with this Council; and VMEREAS, all requirements of law have been met; NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia that Robert J. Scott , David M. Grochmal, and Ralph A. Smith be, and each of them is, hereby appointed to view that certain portion of a 15'alley adjoining Lots 1-6 and 7-12, Block 6, Virginia Beach, Virginia, and said viewers shall report in writing to this Council as soon as possible, whether, in their opinion, any, and if any, what inconvenience would result to the public from the discontinuance, vacation and abandorunent of said portion of a 15' alley. Adopted by the Council of the City of Virginia Beach, Virginia, on this 3rd day of December 1996. A ,7PROVED AS TO fLE AL -@UFFI(,-IENCV IN THE MATTER OF THE APPLICATION OF EDMUND C. RUFFIN AND BQTS ASSOCIATES, L.P., A VIRGINIA LIMITED PARTNERSHIP FOR THE CLOSURE, VACATION AND DISCONTINUANCE OF A CERTAIN 15' ALLEY IN VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA PETITION TO: The City Council of the City of Virginia Beach, Virginia Your Petitioners, the applicants, Edmund C. Ruffin and BQTS Associates, L.P., a Virginia Limited partnership, hereby apply for the vacation, closing and discontinuance of the 15' alley adjoining Lots 1-6 and 7-12, Block 6 as shown on that certain survey made by Bruce W. GAllup,. Land Surveyor, dated July 2, 1996, entitled "Street Closure Plat, 15' Alley Adjacent to Lots 1-6 & 7-12 Block 6, Plat of the Ocean Lot Investment Co." Your Petitioners and applicants allege that no inconvenience will result to the public by reason of said closure and ask that Council appoint viewers as provided by law to view the said portion of a 15' alley sought to be closed and report in writing to the Council as to whether, in the in the opinion of the viewers, what inconvenience, if any, would result from the discontinuance and closure as herein sought, at which time the petitioner will ask for passage of an ordinance vacating the portion of a 15' ally sought to be closed herein. On 11/7/96 and on 11/14/96, notice of intention to apply for such vacation to the Council was published as required by law in The Virginian-Pilot, a newspaper published or generally circulated in Virginia Beach, Virginia. Respectfully submitted, Edmund C. Ruffin BQTS Associates, L.P., a Virginia limited partnership By: John W. Richardson, Esquire Stallings & Richardson, PC 2101 Parks Avenue, Suite 801 Post Office Box 1687 Virginia Beach, VA 23451-1687 (757) 422-4700 NOTICE TAKE NOTICE of the intention of Edmund C. Ruffin and BQTS Associates, L.P., a Virginia limited partnership to apply to the City Council of the City of Virginia Beach, at a meeting thereof on the 3rd day of December, 1996 at 2:00 p.m., in Council Chambers, Municipal Administration Building, Princess Anne, Virginia Beach, Virginia, at which time affected persons may appear and present their views, for the vacation of a 15' alley adjoining Lots 1-6 and 7-12, Block 6, located between 6th Street and 7th Street on the north and south and between Atlantic Avenue and Pacific Avenue on the east and west, in Virginia Beach Borough of the City of Virginia Beach, Virginia. EDMUND BQTS ASSOCIA'I-ES By: AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, John W. Richardson, attorney for Edmund C. Ruffin and BQTS Associates, L.P., a Virginia limited partnership, being first duly swrnm, depose and state: 1. That I am an attorney at law and represent Edmund C. Ruffin and BQTS Associates, L.P., a Virginia limited partnership. 2. That on November 5, 1996, I requested The Virginian-Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia, to publish on November 7, 1996 and on November 14, 1996, notice of the presenting of the application to close a portion ol'a 15' alley in Virginia Beach, Virginia Beach Borough. Virginia Beach, Virginia. And further this deponent sayeth not. JO W RICH PDSON i Subscribed and sworn to before me this 7th day of November, 1996. Notarv Public My commission expires: STALLINGS AND RICHARDSON, PC. ATTORNEYS AND COUNSELORS AT LAW 2101 PARKS AVENUE PAVILION CENTER SUITE 801 P.0 BOX 1687 VIRGINIA BEACH, VIRGINIA 23451-9687 TELEPHONE (757) 422-4700 WILLIAM C. BISCHOFF FACSIMILE (757) 422-3320 JUDITH M. COFIELD J. KEVIN COLLINS KEVIN E MARTIN-GAYLE October 23, 1996 JOHN W RICHARDSON MOODY E. STALLINGS, JR. Leslie L. Lilley, Esquire City Attorney Municipal Center Virginia Beach, VA 23456 Rei Certificate of Title Street Closure Application for Edmund C. Ruffin and BQTS Associates, L.P., a Virginialimitedpartnership, 15'Alleybetween6thand7thStreetsonthenorthand south and between Atlantic Avenue and Pacific Avenue on the east and west in Virginia Beach, Virginia. Our File No. 12395 Dear Mr. Lilley: Kindly be advised that upon the closure of that certain 15' alley described in Exhibit "A" attached hereto, that fee simple title will vest one-half (1/2) to Edmund C. Ruffin, the owner of Lots 1-6, Block 6, Plat of Ocean Lot Investment Company (MB 7, PG 6) and one-half (v2) to BQTS Associates, L.P., a Virginia limited partnership, the owner of Lots 7-12, Block 6, Plat of Ocean Lot Investment Company (MB 7, PG 6), in the Virginia Beach Borough, Virginia Beach, Virginia. Therefore, each owner will gain 7.5 feey of the alley as a fee simple addition to his/its existing property. Many thanks. JWR:mdh enclosures EXHIBIT "A" Ltpl Descrilition ALL THAT certain piece or parcel of land, situate, lying and being in Virginia Beach Borough, in the City of Virginia Beach, State of Virginia being that portion of a 15'alley designated "I 5' Alley" on that certain survey made by Bruce W. Gallup, Land Surveyor, dated July 2, 1996, entitled "Street Closure Plat, 15'Alley Adjacent to Lots 1-6 & 7-12, Block 6, Plat of the Ocean Lot Investment Co.", GPIN # 2427-23-7544-0000 (Lots 1-6, Block 6, and the northern 1/2of 15' alley) GPIN # 2427-23-7389-0000 (Lots 7-12, Block 6, and the southern V2of 15' alley) BOTS ASSOCIATES L.P. Gen ral Partner Ownershil2 Interest BQTS Associates, Inc. 50% Edmund C. Ruffin 65% Bruce Thompson 35% Limited Partners F. A. Haycox, III 1.25% John G. Sellers 1.25% Greaton Four Investments 1.25% James H. Sellers 1.25% Tomlin Investments 1.25% Dr. David Foege 0.625% Michael H. Levinson 2.50% William F. Rountree 2.50% Dr. Bob Martin 5.00% Martin Palocios 1.25% Beam Reach Associates 20.40% Hospitality Associates 5.15% John Shelhorse 1.4075% Charles T. Cole 1.4075% David P.Shively 2.50% Contribution Receivable 1.01% 100.00% ATLANTIC AVENUE (80' R/W) M.8, 7P 6 PIN(.) 1 06'50'00' w PfN(@) 06 @000- E 145.00 145.00 8 L@7" MM 6 7 2 (C) NDICATES PORTION OF 15' ALLEY TO BE CLOSED (4,101 S@F,) LLI 9 ui ui (t L'i F- STREET CLOSURE PLAT 4 15' ALLEY ADJACENT TO LOTS 1-6 & LOTS 7-12 BLOCK 6 PLAT OF THE M.0 @ p 6 OCEAN LOT INVESTMENT CO. 59 ORUNIA BEACII B@W@ MUNIA BEAM, @QNIA 143 11 SCALE: I'=30' MLY 2. 1996 -6 "Coo N @6 50 no- I 12 6 GALLUP SURVEYORS & ENC4NEERS, LTD. PACIFIC AVENUE (VAR, R/W) 13, 1 I GIZAI'll[C SCALE - 30 - item V-L. CONSEAT AGENDA RESOLUTIONS ITEM # 41496 UPON mOtiOn bY Vice MaYor Sessoms, seconded by Councilman Branch, City Council APPROVED BY CONSENT in ONE MOTION Items 1, 2 and 3 of Resolutions Voting: 9-0 COuncil Members Voting Aye: John A- Baupn, Linwood 0. Brancl; III, Harold Heischober, Barbara M. HenleY, LOuis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf rlce MaYOr William D. Sessona, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Members Absent- William W. Harrison, Jr. and Nancy K Parker December 3, 1996 - 31 - Item V-L.I. CONSEA7 AGENDA RESOLUTIONS ITEM # 41497 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re the Virginia Beach Biennial Plan re use of State Block Grant funds; and, authorize the City Manager to execute a Certificate of Compliance re the Virginia Juvenile Community Crime Control Act. Voting: 9-0 (By Consent) Council Members Votzng Aye: John A. Baum, Linwood 0. Branck III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Irice Mayor William D. Sessotm, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Ilarrison, Jr. and Nancy K Parker December 3, 1996 1 A RESOLUTION APPROVING THE CITY'S BIENNIAL PLAN FOR THE USE OF STATE BLOCK 2 GRANT FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTIFICATE OF 3 COMPLIANCE CONCERNING THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT 5 WHEREAS, the 1995 Virginia General Assembly enacted the Virginia Juvenile Conununity Crime Control 6 Act, Code of Virginia, sections 16.1-309.2 et seq ("the Act"), which was effective January 1, 1996; 7 8 WHEREAS, the purpose of the Act is to deter juvenile crime and reduce the pattern of juvenile repeat 9 offending by establishing community-based systems of sanctions, programs and services for youth who have come 1 0 before the Juvenile and Domestic Relations Court ("court youth") on status or delinquent offenses; 1 1 1 2 WHEREAS, under the Act, state block grant funds are available to localities or combinations thereof upon 1 3 development of a plan to address a range of programs, services and sanctions for youth involved in the juvenile justice 14 system; 1 5 1 6 WHEREAS, on behalf of the City of Virginia Beach which is a participating member, the Tidewater Regional 1 7 Group Home Commission in consultation with the Virginia Beach Juvenile and Domestic Relations Court and the 1 8 Virginia Beach Court Service Unit developed a plan delineating services for court youth to be ftmded under the Act; 1 9 2 0 WHEREAS, in order for Tidewater Regional Group Home Commission to receive ftmding under the Act on 2 1 behalf of the City of Virginia Beach, the plan must be approved by the locality and the State; and 2 2 2 3 WHEREAS, in order to receive funding under the Act, the City is required to execute a certificate of 2 4 compliance expressing the City of Virginia Beach's intent to comply with the requirements of the Act. 2 5 2 6 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 2 7 VIRGINIA: 2 8 1 - That City Council hereby approves the City's biennial plan for the use of State block grant funds under the 2 9 Virginia Juvenile Connnunity Crime Control Act; and 3 0 3 1 2. That the City Manager is hereby authorized to execute the certificate of compliance expressing the City of 3 2 Virginia Beach's intent to comply with the requirements of the Act. 3 3 This resolution shall be effective from the date of its adoption. 3 4 3 5 Adopted by the Council of the City of Virginia Beach, Virginia on the Third day of 3 6 December , 1996. APPROVED AS TO CONTENT APPROVED AS TO I.EGAL SUFFICIENCY AND FORM DEPARTNENT OF JUVENILE JUSTICE, CITY ATTORNEY VIRGINIA BEACH COURT SERVICE UNIT \bdgt\9&97\,qc.Wn..q vot 56 @@ 21, 1996 @gh ATTACHMENT 1 SUMMARY OF FY94-95 EXPENDITURES AND FY96-97 APPROPRIATIONS FOR SERVICES FOR JUVENILES PROVIDED BY THE TIDEWATER REGIONAL GROUP HOME COMMISSION AND PENDLETON CHILD SERVICE CENTER Local Maintenance FY94-95 FY96-97 of Effort A. Expenditures Appropriations Tidewater Regional Group Home Commission $ 828,503 $ 772,179 (TRGHC) Services: Total Local Funding B. Pendleton Child Service Center Services: Total Local Funding C. 295,857 352,181 Total Local Maintenance of Effort 1,124,360 1,124,360 DJJ VJCCA Grant to TRGHC on Behalf of Virginia Beach $1,731,429 Notes: A. Maintenance of effort is equal to the amount of local funds expended for block grant funded programs or services in FY94-95 per Code of Virginia, section 16.1 309.6. For FY94-95, included in teh funds expended for TRGHC were $19,356 of City funds representing the local portion of Comprehensive Service Act Funds. B. TRGHC's services are residential and non-residential and include less secure detention, outreach programs and post-dispositional group home services. For FY96-97, local funding includes funds only from the City's General Fund. C. This reflects local funding from the City's General Fund. VJCCA funds will be used for services provided by the Pendleton Child Service Center. ATTACHMENT 2 VIRGINIA BEACH BIENNIAL PLAN REQUIRED BY THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT COMMONWEALTH of VIRGINIA J. DAVIS REED, 111, Judge Juvenile and Domestic Relations District Court FREDERICK C. JENKS, III RONALD H. MARKS, Judge Judicial Complex, Bldg. ]OA Clerk DEBORAH L. RAWLS, Judge H. THOMAS PADRICK, JR., Judge Municipal ('enter DEBORAH G ASHTON WOODROW LEWIS, JR., Judge Virginia Beach, Virginia 23456-9058 Chief Deputy Clerk A. JOSEPH CANADA, JR., Judge 757) 427-4391 (757) 427-4305 1 1)1) October 21, 1996 Ms. Gayle Turner, Regional Administrator Eastern Regional Office Department of Juvenile Justice 157 N. Main Street - Suite C Suffolk, Virginia 23434 RE: VJCCCA Plan - 1996 Amendments Dear Ms. Turner: The attached revised VJCCCA Plan for the City of Virginia Beach has been approved by the Director of the Virginia Beach Court Service Unit and the Chief Judge of the Virginia Beach Juvenile and Domestic Relations District Court. The plan was prepared by the Tidewater Regional Group Home Commission in cooperation with the Juvenile Court and Juvenile Court Service Unit. Should you have questions, please contact either of us. Yours truly, Bruce E. Bri ght s BEB/ig Attachment Virginia Juvenile Community Crime Control Act The Department of Juvenile Justice has contacted you about the amount of ftmds allocated to your locality. Do you plan to participate in the Act at this time? Yes No Li2 If "Yes please provide the information requested in Boxes #1 and #2 and continue to page 2. If "No" please provide the information requested in Box 41 and return this page to the appropriate regional office of the Department of Juvenile Justice, See Page 4 for Regional Office addresses. Box #1 Mr. James K. Spore City Manager Chief Administrative Officer Title City of Va. Beach Jurisdiction Signature Box # 2 John C. Matish Executive Director (757)547-9288 ----------------------------------------------------------- ------------------------ ------------------- Name of Contact Person Title Telephone Tidewater Regional Group Home Commission -----------------------------------------------------------------------I-------------------------------------- Address 119 A Tilden Avenue ---------------------------------------------------------------------------------------------------------------- Address Chesapeake Virginia 23320 ---------------------------------------------------------------------------------------------------------------- City Zip Code 81OVJC3A.C I Virginia juvenile Community Crime Control Act I The goal of the Virginia juvenile Community Crime Control Act is to deter juvenile crime through the establishment of community-based systems of sanctions, residential programs, and nonresidential services for juvenile offenders based on their offenses and treatment needs. Briefly describe how your locality plans to meet this goal, including collaboration with other localities: The City of Va. Beach is a member of the Tidewater Regional Group Home Commission. The Commission was established by the Cities of Chesapeake, Franklin, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton. The mission of this agency is to provide services to children and families referred by the juvenile and Domestic Relations District Courts within our communities. The Commission already operates a comprehensive system of services. Therefore, our City and the other members of the Commission have elected to rely on this agency to prepare our plans and operate the services we designate. Attached is a chart which outlines the system of services available through the Commission. 2. The Virginia ]uvenile Community Crime Control Act defines its target population as juveniles who are children in need of services, children in need of supervision, or delinquent. What juveniles are targeted in your plan? Please check all that apply. X Child in need of services (CHINS) X Child in need of supervision (CHINSUP) X Delinquent X Diversion X First Offender 3. Use Attachment A to describe all existing Community based programs and services used for the targeted juvenile population in your locality. Instructions are Included with Attachment A. Use as many pages as necessary. 8 1 OINTEN.WPD Virginia Juvenile Community Crime Control Act Attachment A Existing Programs and Services Virginia Juvenile Community Crime Control Act 1996 Amendments - Existing Programs and Services Page I of 3 City of Va. Beach September 3, 1996 ----------------------------------------- ---------------------------------- Jurisdiction Date Completed Name Point Type Target Population Primary Focus of in System Service or Program P,@-Di@, P.,@-Di,, R.id N.. R.d Challenge Outreach for x x Xciiins Xcliinsup Pre Trial In home Detention Program odivened XDeiiiiquent Youth ofitst Offender Challenge Outreach for x x Xciiins Xochinsup Active and Passive Electronic restraints used in odiver(ed XDelinquent Youth- Elect. Monitoring ofirs( Offender conjunction with OutreachSuper-vision Crisis Intervention Home x x Xchins Xchinsup Pre Dispositional Shelter Facility housing children odivened XDEI,INQUENT XFirst O(Yetider awaiting court hearings or placement Salem House x x Xchins Xchinsup Pre Disr)ositional Shelter Facility housing children odiveried XDFI.INQUFN I XFirst Offender awaiting court hearings or placement Regional Group Home x x Xcliins Xchitisup Coed group home serving up to 13 teenagers who are odiveried XDFLINQtjl:N t XFirst Offender on probation or parole Regional Group Home- Xchins Xchinsup Dav treatment program which is operated out of RGH. odiveried XDEL,INQLIFN@L Outpatient Services XFirst Offender It serves children awaiting placement at RGH. Portsmouth Boys Group x x Xchins Xchinsup Group Home housing up to 12 males aged 13 to 17 Ddiveried XDELINQTJENI Home XFirst Offender who are on probation or parole. Chesapeake Boys Group x x Xchins Xchinsup Group Home housing up to 15 males aged 13 to 17 n(livcric(i Xl)[:I,INQI JFN I ome Xl:irsl 011@tider who are on probation or parole. enter,ville Group Home x x Xchins Xchinsup Coed group home serving up to 12 teenagers who are Ddiveried XDELINQUENT XFirst Offender on probation or parole 81OVJC3.Al Virginia Juvenile Community Crime Control Act 1996 Amendments - Existing Programs and Services Page 2 of 3 City of Va. Beach September 3, 1996 ----------------------------------------- ---------------------------------- Jurisdiction Date Completed Name Point Type Target Population Primary Focus of in System Service or Program P@-Di,p P.,, Di@, @id N.@-R@ Tidewater Regional Family x x Xcliins Xcllilisup System of Family Group Homes serving teenagers odivene(i XDelinquent Group Home System OFirst Offender from 1 7 to 2 1. The program is designed to prepare the residents for independent living. TRFGHS - Day Treatment x x Xchins Xchinsup Day treatment program supporting the Group Home odivcrted XDELINQUENT ofirst Offender System. Provides pre GED education and Structured Socialization Experiences. n Home Services x x Xchins Xchinsup Home Based Counselling Service providing wrap Xdiveried XDELINQIJFNT XFirst Offender around services to a wide variety of clients referred by the CSUs and the FAPTS. n Home Services x Xchins Xchinsup In Home and Group Based Intervention for substance Xdiverted XDELINQUEN) ubstance Abuse Program XFirst Offender abusers. Treats substance abuse as a lifestyle as well as a medical problem. n Home Services - x x Xchins Xchinsup Recreation and self esteem building program provided Xdivcrtcd XDELINQUEN-F tructured Socialization XFint Offender as an adjunct to the other home based services. rograms ornmitment Diversion x x ochins ocilinsup Intensive Supervision Program designed to serve Odiver(cd XDELINQUENT rogram ofimt Offender teenagers on probation who are at risk to be committed to the DJJ. SIOVJC3.A2 N'irginia Juvenile Community Crime Control Act 1996 Amendments- Existing Programs and Services Page 3 of 3 City of Va. Beach September 3, 1996 ----------------------------------------- ---------------------------------- Jurisdiction Date Completed Name Point Type Target Population Primary Focus of in System Service or Program P,.-Di,, P.@t-Di@p R@id N.@-R.d Apartment Living Program x x Xchins Xcfiillsup Apartment based program designed to prepare older odiverted XDeliiiquent ufirst Offender teenagers for independent living. Parole Transition Project x x ochins ochinsup Provides intensive supervision and family work for udivened XDEI-INQUENI' ofint Ofl'ender teenagers returning from the DJJ Juvenile Correctional Centers. Pendleton Child Services x x x Xchins 0 Clli[ISUP Early InterNention Program offering outpatient and Xdiverted odelinquent Center DFirst Offender residential services to children identified as at risk of developing delinquent behavior. ucliins ochinsup odivetied odelinquent @First Offetidet ochins @chinsup Ddivened odclinquent ofirst OfTender uchins ochinsup odivertcd udelinquent ofirs( Offender ochins aciiinsup odivcrtcd odelinquent ofimt Offender 8 I GVJC3.A Virginia Juvenile Community Crime Control Act Attachment B Proposed Programs and Services Virginia Juvenile Crime Control Act- 1996 Amendments Page I of 2 Proposed Programs and Services urisdiction City of Va. Beach Date Completed September 30, 1996 ame POS Type Point in Provider Target Pop. Primary Focus Start Capacit System of Service Date y RES non Pre Post Public Private res Disp Disp I gional Group x x x x xchins xCiiinSup. Group Home for males and females Existing 13 ome Diverted x Del. Ages 13 to 17 xfirst Offender hesapeake Boys Home X x x x xchins xChinSup. Group home for males aged 13 to 17 Existing 1 5 Diverted x Del. xfirst Offender ortsmouth Boys Home X x x xchins xChinSup. Group home for males aged 13 to 17 Existing 1 2 Diverted x Del. xfirst offender enterville Group x x x x xchins xChinSup Group Home for males and females Existing 12 ome Diverted x Del. Ages 13 to 17 xfirst offender risis Intervention x x X x xchins xChinSup Crisis Home housing males and Existing 12 ome xdiverted x Del. females aged 12 to 18 xfirst Offender alem House x x x x xchins xChinSup. Crisis Home housing males and Existing 12 xdiverted x Del. females aged 12 to 18 xfirst Offender idewater Regional x x x x xchins xChinSup. System of foster homes housing Existing 1 6 amily Group Home Diverted x Del. and females ages 16 to 18 ystem First Offender ed to train for ind. living. Virginia Juvenile Crime Control Act- 1996 Amendments Page 2 of 2 Proposed Programs and Services urisdiction City of Va. Beach Date Completed September 30, 1996 e ype t Pop. Primary Focus Start Capacity of Service Date ent Living x ChinSup. 5 apartments housing males and Existing 10 rogram ried xdel. females training for ind. living Offender hallenge outreach s ChinSup. In home detention program Existing 37 outh rted x De[. Offender hallenge outreach I s ChinSup. Electronic monitoring system used as Existing 37 outh- Electronic erted x Del. a support to the Challenge Outreach onitoring rogram Home Services ome based family Counselling Existing Expand- gram able - I Home Services Chir ubstance abuse counselling program Existing Expand- bstance Abuse Dive x e bines In Home services, able unsealing First Offend d group counselling y Intervention xchins Chin! on Groups addressing Jan. I Expand- UPS xdiverted Del. as such as shoplifting and 1997 able xfirst Offender ly intervention x xCh rovide liason to school system to March I Expand- cialist xdii rove coord. of services. 1997 able xfin ADDITIONAL DOCUMENTATION COST COMPARISON OF PUBLIC VS. PRIVATE PROGRAMS The Diversion and Early Intervention Groups and the School Early Intervention Specialist are positions and/or programs for the City of Virginia Beach that are subject to cost review. To determine the cost effectiveness of the Commission operating these programs compared to a private vendor we consulted the Service Fee Directory. DIVERSION AND EARLY INTERVENTION GROUPS - A review of the Service Fee Director did not result in groups that specifically dwelt with curfew, shoplifting, and first offender/diversion problems. However, adolescent treatment groups ranged in costs from $ 20 - $42/hr. per youth. We did not find a program that provided transportation for its members as we propose. Again, we have found that providing transportation for group members--adult or youth-- greatly increases attendance. The cost of running a twelve-week group that can accommodate 12-15 youths and provide transportation is $6,377. EARLY INTERVENTION SPECIALIST - We were not able to find a comparable position or program in the Service Fee Directory. This program will consist of a Specialist and half-time secretary. The majority of the budget is for personnel costs ($51,682). We started the position at a level comparable to that of an Assistant Director in one of our existing programs. We added a part- time secretary and flange benefits for both positions. The total cost for the program is $64,005. Mr, Bruce Bright, Director Of the Virginia Beach Court Service Unit, was instrumental in finding space for the program in Ws agency. PARENT EDUCATION - There are a large number of programs that provide parent education programs and services. Prices ranged from $20 - $39.95. Some of these programs did not have a group rate, per se, but charged one rate for all services-in home, wrap around, therapeutic rec. We have been successful in providing parent-oriented group training. Our In-Home program is in its second year of delivering services to parents charged with physical child abuse for the Portsmouth Department of Social Services. The same program is providing parent group services for the Hampton Court Service Unit. We have found that to make parent groups successful we must add two somewhat expensive iterm to our total group package: child care (during group) and transportation. We found that adding these two elements greatly increases attendance. With these additional expenses added our parent education group cost $7,463 per 12 week session. This assumes there ,will be two group facilitators and 12-15 famifies per group. Additionally, we have the benefit of interacting with the children while their parents are in group I ADDITIONAL INFORMATION DIVERSION AND EARLY INTERVENTION GROUPS Diversion and early intervention groups are being designed for the City of Virginia Beach to address the problems of shoplifting, curfew violation, general problems associated with the youth identified as being a first offender or diversion case. Groups are being developed to tackle each of these problem areas. We are proposing that each group run consist of twelve meetings and run for two cycles. Each group can accommodate 12-15 youths and will have two co-facifitators. The groups will be practical in nature and will focus on skill training and some degree of personal disclosure. The groups are designed for referrals from the court that are classified as either first offender or diversion cases. Transportation will be provided when necessary. GOALS I . Reduce the incidence of further entry into the juvenile court system of youths classified as either first offender or diversion cases. 2, Teach specific skills relating to the problem of shoplifting, curfew violation, and general problems of being a juvenile first offender or diversion case. 3 . Impress upon the youths that the court service system is very concerned about their behavior and is willing to provide rehabilitative services as well as sanctions. 4. Impress upon the youths the fact that it is their best interests to avoid further entry into the juvenile court system. 5. Be willing to recommend further servces, as needed, for some youths with the cooperation of the youth, family and referring court worker TREATMENT METHODS 1. Develop specific groups for each of the following problem areas: shoplifting, curfew violations, and general problems associated with first offender or diversion cases. 2. Each group will be co-facilitated by two experienced group leaders. 3. Established group curriculum for shoplifting and curfew problems will be used. 4. Effort will be made to recognize strengths and competencies as well as work on problem areas. 5. Transportation will be provided for those clients who need it. ANTICIPATED USAGE, INCLUDING CAPACITY AND FREQUENCY I . Each of the three identified - problem areas will have two group cycles per year. 2. Each group will accommodate 12-15 youths 3 . Each group will consists of twelve sessions. 4. Groups will meet weekly. CRITERIA FOR ADMISSION AND RELEASE I . Clients will referred to group by the juvenile court service unit . 2. Only clients classified as first offender or diversion cases are considered appropriate. 3 Release from group (either before the group concludes or upon graduation) is determined by the referring worker with input from the group leaders TARGET POPULATION I . Clients classified as first offender or diversion cases by the court service unit. PARTICIPATING IMSDICTIONS 1. City of Virginia Beach. REVENUE SOURCES 1 . VJCCCA funding. I ADDITIONAL DOCUMENTATION EARLY INTERVENTION SPECIALIST The Virginia Beach Juvenile Court Early Intervention Specialist (EIS) will help assure that needed services are delivered to first offender and diversion cases in a timely and efficient manner. The EIS will be housed in the court service unit and will work with the Virginia Beach schools. It is anticipated that a number of our designated clients will have school- related problems in addition to their legal difficulties. The EIS will serve primarily as a case manager but can provide some direct services . The main function of the EIS will be to assist school and court service unit staff in developing a plan of action and securing the most appropriate services for first offender and diversion cases. GOALS 1. Reduce cfients' further entry into the juvenile court system. 2. Develop a working relationship between the school system and the court service unit. 3, Coordinate with the school system, court service unit, client and family in developing a treatment plan. 4. Locate the most appropriate service(s) available to meet the needs of the child and possibly the family. 5 Assure that the client gets to the desired service- provide and\or arrange transportation when necessary- 6 Assist the client in making a better school adjustment or improve academic performance. TREATMENT METHODS 1. Respond to clients designated as first offender or diversion cases by the court service unit. 2. Develop working knowledge of programs that serve youth and families. 3. Work with the school system and court service unit in developing a treatment plan. 4. Assist the client and/or f@y in accessing the most appropriate service(s) to meet the needs of the treatment plan. 5. Track the client in school to assure that progress continues. 6. Assure that the client and\or family makes and keeps appointments with reconunended services. ANTICIPATED USAGE, INCLUDING CAPACITY AND FREQUENCY I . The EIS will serve around 30 clients. 2. Clients will be maintained on the caseload for six months. 3 . Monthly reports will be submitted to the referring worker CRITERIA FOR ADMISSION AND RELEASE I . Clients designated as first offender or diversion cases and assigned to the EIS by the court service unit. 2. Release decisions will be made by the EIS and probation officer and will be based on progress in meeting treatment goals. TARGET POPULATION Clients designated as first offender or diversion cases by the court service unit. PARTICIPATING JURISDICTIONS I- Virginia Beach Court Service Unit. REVENUE SOURCES 1. VJCCCA funding. I ADDITIONAL INFORMATION PARENT EDUCATION Parent education classes are being developed for the cities of Chesapeake, Virginia Beach, Portsmouth, Franklin and the counties of Isle of Wight and Southampton. Classes will be held for 12 sessions and can accommodate up to 15 families The classes will be practical in nature and address such issues as: 1) Establishing working relationships with schools; 2) Understanding adolescent development; 3) Conununication between child and parent; and 4) Assisting parents in dealing with day-to-day issues with their children. Child care services and transportation will be provided as needed. We have found that the provision of these services greatly increases attendance. GOALS 1. Assist parents in developing working relationship with child's school. 2. Assist parents in better understanding normal child and adolescent development. 3 Assist parents in understanding the effects of divorce on children. 4, Assist parents in handling day-to-day situations with their children (curfew, chores, school work). 5 Teach parents stress management and relaxation strategies. 6. Stop parents' children from further entry into the juvenile court system. TREATMENT @THODS I Group discussion. 2. Role play of relevant family situations. 3. Handouts. 4. Special speakers from school system, courts, etc. 5. Some telephone contacts to assess progress during the week. ANTICIPATED USAGE, INCLUDING CAPACITY AND FREQUENCY I . Three, twelve week sessions, with up to 15 families per session. 2. Transportation provided as needed. 3 . Child care provided as needed. CRITERIA FOR ADNUSSION AND RELEASE I Parents of children designated first offender or diversion cases by juvenile court. 2. Parents must agree to participate and sign contract 3 Successful release will be determined by attendance and participation and by consultation with probation officer. TARGET POPULATION 1 . Parents of first offender and diversion youths identified by the court who are in need of parenting classes- PARTICIPATING JURISDICTIONS I 1. Parent education classes are being developed for the cities of Virginia Beach, Portsmouth, Chesapeake, Suffolk, Frankli@ and the counties of Isle of Wight and Southampton. REVENUE SOURCES 1. VJCCCA funding. Virginia Juvenile Community Crime Control Act Attachment C Annual Operating Budget Format I Page-I o@l Virginia Juvenile Community Crime Control Act - Annual Operating Budget Format City of Virginia Date Coinplet /30/96 LO( iiii y Name: TRGHC Combined Services Budget Items FY 1997 FY 1998 Revenue Sources: Local $ 772,1 79 772,1 79 State $ 934,319 934,319 Other Start-Up: Operations $ Personnel $ Contractual $ $ Annual: Operations $ Personnel $ Contractual $ 1.706,498 $ 1,706t498 Positions /# (use additional page if necessary) Revised 10/16/96 Virginia Juvenile Community Crime Control Act - Annual Operating Budget Format Pa@ ol-H City of Virginia Beach te Completpr9/30/96 Da Name: TRGHC Regional Group Home Outpatient Budget Items FY 1997 FY 1998 Revenue Sources: Local $ 0 $ 0 State $ ioo,ooo $ ioo,ooo Other $ $ Operations $ $ Personnel $ $ Contractual $ $ Annual: Operations $ Personnel $ @oiiiiactual $ loo,ooo $ ioo,ooo Positions 4 (use additional page if necessary) Virginia Juvenile Community Crime Control Act - Annual Operating Budget Format Page-3 ofU- City of Virginia Beach Date Completed 9/30/96 Name: TRGHC In Home Substance Abuse Counselling Budget Items FY 1997 FY 1998 Revenue Sources: Local $ 0 $ 0 State $ 122,796 $ 122,796 Other $ $ Start-Up: Operations $ $ Personnel $ $ Contractual $ $ Annual: Operations $ Personnel $ $ Contractual $ 122,796 $ 1 22, 796 Positions V (use additional page ii necessary) Virginia Juvenile Community Crime Control Act - Annual Operating Budget Format Page-4 of-+l City of Virginia Beach IpA9/30/96 Date Comple.- Budget Items Name: TRGHC Independent Living Program FY 1997 FY 1998 Revenue Sources: Local $ 0 $ 0 State $ 154,038 $ 154,038 Other $ $ Start-Up: Operations $ $ Personnel $ $ Contractual $ $ Annual: Operations $ $ Personnel $ $ @ritractuai 154,038 $ 154,038 Positions 4 (use additional page if necessary) /t /pro Virginia Juvenile Community Crime Control Act - Annual Operating Budget Format Page-5 of 1 1 City of Virginia Beach Date Completed 9/30/9, Budget Items Name: Pendleton Child Services Center FY 1997 FY 1998 Revenue Sources: Local $ 352,181 $ 352,181 State $ 210,000 $ 210,000 Other $ 558,744 $ 558,744 Start-up: Operations $ $ Personnel $ $ Contractual $ $ Annual: Operations $ 139,050 $ 139,050 Personnel $ 972,513 $ 9 7 2 , 5 13 ,@L)titractual $ 9,362 s 9 , 362 linical Svcs Coord. I Clinical Svcs Coora, I Positions/# Pendleton CSS Admin. I Pendleton CSS Admin. I (use additional page if necessary) Child Care Evening Coord. I Child Care Evening Coord. I @IH/,Mk Clinician I 3 MH/MR Clinician 1 3 MH/MR Clinician III 3 MH/MR Clinician III 3 .Nurse II 1 Nurse II I Teacher I I Teacher II 3 Teacher I I Teacher 11 3 MH/MR Clinician 11 pt 1 MB/MR Clinician 11 pt I Child Care Worker 3 Child Care Worker 3 Revised 10/16/95 Support Svcs Aide pt 1.5 Support Svcs Aide pt 1.5 Clerk Typist 11 1 Clerk Typist II 1 Admin. Secretary I Admin. Secretary 1 Clerk I pt 0.5 Clerk I pt 0.5 Cook I pt 0.8 Cook I pt 0.8 Cook II 1 Cook II 1 Spec Operations Tech pt 0.5 Spec Operations Tech pt 0.5 Virginia-J-u-venile Community Crime Control Act - Annual Operating Budget Formal PagEfi of Date Complet Name: TRGHC Purchase of Services Budget Items FY 1997 FY 1998 Revenue Sources: Local $ 0 $ 0 State $ 50,805 $ Other $ $ StaH-Up: Operations $ $ Personnel $ $ Contractual $ $ Annual: Operations $ $ Personnel $ $ Contractual $ 50,805 $ 50,805 Positions/# (use additional page if necessary) Virginia Juvenile Community Crime Control Act - Annual Operating Budget Format Paga7 of-U City of Virginia Beach Date Completpd9l3O/96 Budget Items Name: TRGHC Group Core Placements of First Offenders FY 1997 FY 1998 Revenue Sources: Local $ 0 $ 0 State $ 49,622 $ 99,641 Other $ $ Sta@-Up: Operations $ $ Personnel $ $ Contractual $ $ Annual: Operations $ $ Personnel $ $ Contractual $ 49,622 $ 99,641 Positions N (use additional page if necessary) j@"dA- It let, irginia Juvenile Community Crime Control Act - Annual Operating Budget Format Pages ol 44 City of Virginia Beach Date Compleipfi9/30/96 ocality Name: TRGHC In Home Services First Offenders Budget Items FY 1997 FY 1998 evenue Sources: Local $ 0 $ 0 State $ 38,452 $ 76,904 Other $ $ tart-Up: Operations $ $ Personnel $ $ Contractual $ $ nnual: Operations $ $ Personnel F-$ $ Contractual $ 38,452 $ 76,904 osilions U use additional page it necessary) ginia Juvenile Community Crime Control Act - Annual Operating Budget Format Pa@ of -U City of Virginia Beach Date Completpd 9/30/96 Name:TRGHC Early Intervention Specialist Budget Items FY 1997 FY 1998 enue Sources: Local $ 0 $ 0 State $ 32,003 $ 64,005 Other $ $ H-Up: Operations $ $ Personnel $ $ Contractual $ $ ua@: Operations $ $ Personnel @ntractual $-32,003 $64,005 itions addilionai page it necessary) inia Juvenile Community Crime Control Act - Annual Operating Budget Format Pa@O of 1 1 C@ity of Virginia Beach Date CompletPH9/30/96 y Name:TRGHC Outpatient Services First Offenders Budget Items FY 1997 FY 1998 enue Sources: Local $ 0 $ 0 State $ 20,000 $ 40,000 Other $ rt-Up: Operations $ $ Personnel $ $ Contractual $ $ ual: Operations $ $ Personnel $ Lontractual $ 20,000 $ 40,000 itions additional page if necessary) Virginia Juvenile Community Crime Control Act - Annual Operating Budget Format Pagpi 1 of 1 1 Qity of Virginia Beach Date Completpdg /.IO /qfi Budget Items Name: TRGHC Diversion & Early Intervention Groups FY 1997 FY 1998 Revenue Sources: Local $ 0 $ 0 State $ 19,331 $ 38,266 Other $ $ StaH-Up: Operations $ $ Personnel $ $ Contractua $ Annual: OperationE $ Personnel $ @ontractuai-L $ 19,331 $ 38,266 I Positions (use additional page if necessary) Virginia Beach VJCCCA Plan Using 1996 General Assembly Amendments FY97 As Approved Service Allocation AJlocation Total City Funds VJCCCA Allocation Funds HC Base Programing $835,983 $934,319 $1,T70,302 Outpatient Program $26,680 $23,000 $49,680 a Services-Substance Abuse $0 $122.796 $122,796 Living Program (ALP) $0 $136,875 $136,875 talon Child Services Center $336,143 $210,000 $546,143 $63 $1,198,806 $1,427,053 $2,625,796 Proposals for FY97 As Amended Comments Proposals for FY98 As Amanda Service Allocation OJI@ation Total Change Change (1) In the origninal plan we identified part Service Allocation Allocation Total City Funds VJCCCA Allocation VJCCCA Local of the Outpatient money as City funds. City Funds VJCCCA Allocation Funds In practice it has been all VJCCCA. Funds Also, we think we ought to add money to this C Base Programing $835,983 $934,319 $1,770,302 Category since use has @ so great. TRGHC Base Programing $835,983 $934,319 $1,770,302 Outpatient Program (1) $0 $100,000 $100,000 $77,000 ($26,680) RGH Outpatient Program (1) $0 $100,000 $100,000 Services-Substance Abuse $0 $122,796 $122,796 (2) We are adding enough to the ALP budget In Home Services-Substance Abuse $0 $122,796 $122,796 Living Program (ALP) (2) $0 $154,038 $154,038 $17,163 to fund a frfth placement in January 1997. Independent Living Program (ALP) (2) $0 $154,038 $154.038 talon Child Services Center $336,143 $210,000 $546,143 Pendleton Child Services Center $336,143 $210,000 $546,143 S63 (3) These funds can be used to fund additional Unallocated $63 ble to fund Group Home Placements (3) $0 $50,805 $50,805 $50,805 group home placements at the preferred Available to fund Group Home Placements (3) $0 $50,805 $50,805 CSU rate. Subtotal for Adjustments to the Base $1 172,126 $1,572.021 $2,744,084 $144,968 ($26 680) Subtotal for Adjustments to the Base $1 472,126 $1,572,021 $2.7",084 4) These funds would be used to buy Offendom and Diversion Programing in our exsisting facilities for fimt offendors. First Offendom and Diversion Programing Home Placements for First Offendors I 4, $0 $49,622 S49,622 $49,622 @o@ This position would serve several different Group Home Placements for First Offencors (4) $0 $99,641 $99,641 Services for First Offendom $0 $38,452 $38,452 $38,452 functions. It would serve as a liawn to the In Home Services for First Offendo@ $0 $76,904 $76,9D4 Intervention Specialist (5) $0 $32,003 $32,003 $32,003 schools. Also, this person would coordinate Early Intervention Specialist (5) $0 $64,005 $64,005 tient counselling $0 $20,000 $20,000 $20,GOO the provision of several different types of Outpatient counselling $0 S40,000 $40,000 and Early Intervention Groups $0 $19,331 $19,331 $19,331 early intervention groups (ie: Shoplifters Group. Diversion and Early Intervention Groups $0 $38,266 $38,266 Subtotal for First Off. and Diversion $0 $159,408 $159,408 $159,408 $0 Curfew Vioiatom, etc.) Subtotal for First Off. and Diversion $0 $318,816 $637,632 Grand Total $1,172,126 $1,731,429 $2,903,492 $304,376 ($26,680) Grand Total $1,172,126 $1,890.837 $3,381,716 Proposed Changes to the Existing Plan By John C. Mabsh ber27,1996 Virginia Juvenile Community Crime Control Act Attachment D Compliance Certification Virginia juvenile Community Crime Control Act The Chief Administrative Offlcer submitting this local plan certifies that the participating jurisdiction: A. Will not contribute less funding for the implementation of this local plan than was expended for block grant funded programs or services either operated or utilized In FY 1995 in compliance with § 16.1-309.6 of the Code of Virginia; B. Will not utilize funds provided by this Act to supplant funds established as the state pool of funds under §2.1-757 in compliance with § 1 6.1-309.3 C of the CD&of Virginia; C. Will comply with all provisions of § 16.1-309.9 of the Code-of-Vir@ which gives the Board of Youth and Family Services the authority to establish and enforce standards and to review the expenditures and services established by the local plan; D. Consulted with the Judges of the juvenile and Domestic Relations District Court and the Director(s) of Court Services of the participating Jurisdiction(s); E. Will submit routine reports and any other information to the Director of the Department of Youth and Family Services for each program or service funded by the Act in compliance with § 1 6.1-309.3 E and § 1 6.1-309. 1 0 of the Code of Virginia and all applicable Departmental procedures. Mr. James K. Spore City Manager Name Title Date City of Va. Beach jurisdiction 81OV13CA.D Signature - 32 - Item V-L.2. CONSEA7 AGENDA RESOLUTIONS ITEM # 41498 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution of support for the Virginia Department of Conservation and Recreation's efforts to obtain access road funds from the Virginia Department of Transportation (VDOT) re improvement of access to the False Cape State Park Visitor/Interpretive Center. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 III, Harold fleischober, Barbara M Henley, Louis P, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ilice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Meinbers Absent: William W. Harrison, Jr. and Nancy K Parker December 3, 1996 1 RESOLUTION OF SUPPORT FOR THE VIRGINIA DEPARTMENT OF CONSERVATION AND 2 RECREATION'S EFFORTS TO OBTAIN ACCESS ROAD FUNDS FROM THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION TO IMPROVE ACCESS TO THE FALSE CAPE STATE 4 PARK VISITOR /INTERPRETIVE CENTER 5 6 WHEREAS, the existing access for the Visitor/Interpretive Center is inadequate; and 7 WHEREAS, improved access for the Center is to be developed by the Commonwealth of 8 Virginia; and 9 10 WHEREAS, the procedure governing the allocation of recreational access funds as set 11 forth in Section 33.1-223 of the Code of Virginia requires joint action by the Director of the 1 2 Department of Conservation and Recreation and the Commonwealth Transportation Board; and 1 3 14 WHEREAS, a statement of policy agreed upon between the Director and Board 1 5 approves the use of such funds for the construction of access roads to publicly owned recreational 1 6 areas or historic sites; and 1 7 18 WHEREAS, it appears to the Council of the City of Virginia Beach that all requirements 1 9 of the law have been met to permit the Director of the Department of Conservation and Recreation 2 0 to designate this area as a public recreational facility and further permit the Commonwealth 2 1 Transportation Board to provide funds for improved access to this public recreation facility in 2 2 accordance with Section 33.1-223 of the Code of Virginia, and 2 3 24 WHEREAS, the right of way for the proposed access improvements is to be provided by 2 5 the Commonwealth of Virginia at no cost to the Recreational Access Fund. 2 6 2 7 NOW, THEREFORE, BE IT HEREBY RESOLVED: That the Council of the City of Virginia 2 8 Beach hereby requests the Director of the Departinent of Conservation and Recreation to designate 2 9 this facility as a public recreational site and to recommend to the Commonwealth Transportation 3 0 Board that recreational access funds be allocated for an access road to serve the False Cape State -3 1 Park Visitor/Interpretive Center; and 3 2 3 3 BE IT FURTHER RESOLVED: That the Commonwealth Transportation Board is hereby 3 4 requested to allocate the necessary recreational access funds to provide a suitable access road to 3 5 the Visitor /Interpretive Center. 3 6 3 7 ADOPTED by the Council of the City of Virginia Beach, Virginia, this 3rd day of 38 December, 1996. APPROVR-J Ac@' TO CO*l@ park 13@oul Road- eedin lm rc - 33 - Item V-L.3. CONSENT AGENDA RESOLUTIONS ITEM # 41499 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to authorize the City Manager to apply for a Grant from the Child Care for Homeless Children program in response to a Virginia Housing and Community Development request for applications. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0 Branci4 111, Harold Heischober, Barbara M. HenleY, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Nancy K Parker December 3, 1996 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 APPLY FOR A GRANT FROM THE COMMONWEALTH OF 3 VIRGINIA'S CHILD CARE FOR HOMELESS CHILDREN 4 PROGRAM 5 WHEREAS, the Community Services Board and the Department 6 of Mental Health, Mental Retardation, and Substance Abuse (MHMRSA) 7 are responsible for the coordination and implementation of mental 8 health, mental retardation, and substance abuse services; 9 WHEREAS, assistance is needed to effectively and 10 adequately address the child care needs of homeless persons in the 11 City of Virginia Beach; 12 WHEREAS, the Commonwealth of Virginia's Department of 13 Housing and Community Development has issued a Notice of Funding 14 Availability and requested grant applications under the Child Care 15 for Homeless Children Program; and 16 WHEREAS, the proposed grant would not require an increase 17 in local funding for use as match funding; 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That the City Manager is hereby authorized to apply for 21 a grant from the Commonwealth of Virginials Child Care for Homeless 22 Children Program, to enter into a Subgrant Agreement with the 23 Department of Housing and Community Development, and to perform any 24 and all necessary actions and responsibilities in relation to such 25 Agreement. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the 3rd day Of December 1996. 28 CA-6471 29 ORDIN\NONCODE\CHILDCAR.RES 30 R-1 31 PREPARED: 11/15/96 32 APPROVED AS T: 33 34 management Services 35 APPROVED AS TO LEGAL 36 SUFFICIENCY: 37 38 tffent of Law CHILD CARE FOR HOMELESS CHILDREN PROGRAM APPLICATION October 1, 1996 through September 30, 1997 Applicant: Virginia Beach Community Services Board. Comprehensive Substance Abuse Program (CSAP) Type: Nonprofit -X- local Government Address: Pembroke Six, Suite 103 Virainia Reach, VA ?34A? Phone: (757) 437-4750 Contact Person: Name: Ms. Pat Barner, CSAP Address: Pembroke Six@ Suite 129 Virginia Beach, VA 23462 Mne: (75@ 437-5786 Of facility OP@- CMCK @ THAT APPLY Emerg=cy Shelter X- Transitional Housing shelter/project Address(es): (1) 3622 Chimney Creek Dr.,Va. Beach, VA 23462, (2) 3796-Chancery Lane, Va. Beach, VA 23452, (3) 4121 MacArthur Rd., Va. Beach, Va. 23456, 3648 Shipps Chandler Wharf, Va. Beach, VA 23456 List all localities served by shelter/project: CitV of Virginia Beach *Is your orgm=uon presently r=eiving funds under the Virginia Housing Pirrn,-rshLip (VHP)? You may include r=ipt of VHP funds during the past fiscal year. @ Virginia Housing Partnership includes, but is not @Eed to, the following programs: S @on, Shelter Support Grant. Shelter Repair Program. Homcl= @=Won Pmg=. Check Off for Housing and Federil Shelter Grant. @ YES X NO 9. If NO, copies of these items MUST be submitted with this application: FIRE INSPECTION FOR SHELTER FACILITY(S) CERTIFICATE OF OCCUPANCY FOR SHELTER FACILITY(S) BOARD OF DIRECTORS RESOLUTION or (samples included) LOCAL GOVERNMENT RESOLUTION EVIDENCE OF 501(C)(3) STATUS THROUGH I.R.S. 10. List the number of families (two or more persons) served by your facility(s) in FY96 5 11. List the number of children served by your facilit(s) in FY96 6 12. Does the organization currently operate a child care facility for clients? YES NO If YES to Question 3, please answer Questions A. through D.: A. Is the child care facility located on-site? YES NO B. Is the child care facility licensed? YES NO C. List rates charged parents of children receiving care: D. List the maximum number and ages of children that can be accommodated by your facility at one time: GOVERNING BODY RESOLUTION FOR LOCAL GOVERNMENTS I. WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development has issued a Notice of Funding Availability and requested applications under the Child Care for Homeless Children Program. II. WHEREAS, assistance is needed to effectively and adequately address the child care of needs of homeless persons in (enter name of Locality). III. WHEREAS, a Child Care for Homeless Children Application for a grant under this Program has been prepared. V. WHEREAS, (enter name and title) can act on behalf of (enter name of Locality) and will sign all necessary documents required to complete the grant transaction. VI. NOW, THEREFORE BE IT RESOLVED THAT the Board of Supervisors (or other authorizing governmental body) of (enter name of Locality) hereby authorizes (enter name of Local Government Office or Title of Official) to apply for and accept the grant enter into a Subgrant Agreement with the Department of Housing and Community Development and perform any and all actions and responsibilities in relation to such Agreement. Signature Date Name and Title of Authorized Local Official (Type or Print) CITY OF VIRGINIA BEACH COMMUNITY SERVICES BOARD FY-97 APPROPRIATIONS & TRANSFERS 11/07/96 Appropriations 23447 Account Codes Prevention Grant 01100 Executive Salaries 01110 Middle Management Salaries 01130 Professional Salaries 01150 Technical Salaries 01170 Clerical Salaries Oil8O Skilled Salaries 01230 Professional Overtme 01270 Clerical Overtime 01330 Tomp Profess Salades 01370 Temp Clerical Salaries 01380 Temp Skilled Salaries 01910 Contracted Manpower Total Personnel 02101 FICA 02102 FICA Service Awards 02104 FICA-Medicare 02201 Retirement 02301 Health & Dental lnsur 02302 Life Insurance 02307 Unemployment Compen Total Fringe Benefits 03101 Professional Health Svcs 03102 LegalSves 03103 Other Prot Svcs 03104 Independent Auditing 03201 General Maint & Repair 03202 General Maint-Facility 03301 Advertising 03401 Printng-Outside 03402 Laundry & Dry Cleaning 03403 Photographic Services 03406 Refuse Disposal Svcs 03407 Other Contractual Svcs $6,000.00 Total Contractual Services 04102 Microcomputing Services 04201 City Garage Services 04301 Central Store Charges 04401 Print Shop Charges 04501 Risk Management Charge Total Internal Servicei 05101 Electric Services 05102 Heating Services 05103 Water Services 05104 Sewage Services 06201 Postal Services 05203 Telecommunications 06401 O@ Supplies 05402 Food& Food Service Sup 05404 Medical & Lab Supplies 05405 Housekeeping& Janitor Sup l@ Household Supplies Appropriations 23447 Account Codes Prevention Grant 05407 Building Mal@nce Sup 05410 UnNbrms & W"dng Apparel 05412 Books& Sub@pdons 06413 Educational & Ubrary Sup 05414 Recreational Supplies 05415 Computer Supplies 05416 Mlcmfllming Supplies 05417 Photographic Supplies Or>421 Construction Mar& Supplies 05423 Otfw Opwadng Supplies OWG Non-Capital Equipment 05501 Pmfbsslonal Improvement 05502 Travel-RouUne 05507 Mandated Cortficabon 05508 Training 05708 Regular Foster Care 05801 Du" & Assoc Memberships 05804 Miscellaneous Total Other Charges 07101 Repi Machinery & Equip 07102 ROPI Furniture & Fixtures 07103 Repl Communication Equip 07105 Roo Motor Vehicles 07301 MaMinmy& Equip 07302 Furniture & Fbftmo 07303 Communication Equip 07305 Motor Vehicles & Equip 07307 Data Processing Equip I Total Capital OUUBY 08001 LessWRent of Equip 08002 Lea@ent of Buildings 09130 on$ and Additions Total Losses, RentWo,improvement Total Rannue 23447 Account Codes Proventon Grant 3-137-3@13- SA Child Care Block Grant $8,000.00 Total N*wAnprODriations $6,000.00 - 34 - Item V-M. PUBLIC HEARING ITEM # 41500 PLANNING MaYor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. NO ACTION ITEMS - Deferred by Planning Commission for 30-days. a. JOHN BARRETT VARIANCE 2. a. ALLSAFE SELF STORAGE, L.L.C. STREET CLOSURE b. FAST FARE,INC. CONDITIONAL USE PERMIT c. JOYCE E. BECK CONDITIONAL USE PERMIT d. AVALON HILLS BAPTIST CHURCH CONDITIONAL USE PERMIT e. WILLIAM S. HUDGINS CONDITIONAL USE PERMIT f. WENDY YAVNER WEBSTER CONDITIONAL USE PERMIT g. PRIMECO PERSONAL COMMUNICATIONS, L.P. CONDITIONAL USE PERMIT h. AGAPAE INTERNATIONAL CHURCH CONDITIONAL USE PERMIT i. T.J. SLACK AND COMPANY CHANGE OF ZONING December 3, 1996 - 35 - Item V-M.1. PUBLIC HEARING ITEM # 41501 PLANNING NO ACTION ITEM - Deferred by Planning Commission for 30-Days a. Application of JOHN BARRETT for a Variance to the Subdivision Ordinance of the City at 2009 Bay Road (LYNNHAVEN BOROUGH). December 3, 1996 - 36 Item V-M.2. PUBLIC HEARING ITEM # 41502 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED in ONE MOTION Items a, c, d, e, f, g and i of the PLANNING BY CONSENT Items. Voting: 9-0 COuncil Members Voting Aye: John A. Baum, Linwood 0. Brancl; III Harold Heischober, Barbara M. rf Henley' Louis R' Jones, Reba S McClanan, MaYor Meyera E Oberndo r,ce Mayor William D Sessolm, Jr. and Louisa K @5trayhorn Council Members Voting Nay: None Council Members Absent.- William W. Harrison, Jr. and Nancy K. Parker Vice Mayor Sessoms ABSTAINED on Item a. (Allsafe Self Storage), as his bank does business with this firm. Council Lady Henley ABSTAINED on Item e (William S. Hudgins), as she does business with this applicant. December 3, 1996 - 37 - Item V-M.2.a. PUBLIC HFARING ITEM # 41503 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED, subject to compliance of conditions, the Petition of ALLSAFE SELF STORAGE, L.L.C. for the discontinuance, closure and abandonment of a portion of South Kentucky Avenue. Application of Allsafe Self Storage, L.L.C. for the discontinuance, closure and abandonment of a portion of South Kentucky Avenue beginning at the eastern boundary of South Kentucky Avenue and running in an easterly direction a distance of 44.18 feet. Said parcel contains 1324.95 square feet KEMPSVTLLE BOROUGH. The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel and provide that all lots have frontage on a public right-of-way. 3. The applicant is responsible for determining if any private utilities are located within the area proposed for closure and for working with (he private utility companies to provide any necessary easements. Preliminary comments from the private utility companies indicate that no private utilities will be impacted. 4. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval of City Council (10 June 1997). Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 III, Harold Ifeischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Louisa K Strayhorn Council Members Voting Nay: None Council Members Abstaining: Pice Mayor William D Sessoms, ir Council Members Absent: William W Harrison, Jr. and Nancy K Parker Vice MaYOr SESSOMS ABSTAINED as his bank does business with this firm. December 3, 1996 - 38 - item V-M.2.b. PUBLIC HEARING ITEM # 41504 PLANNING Attorney Rickard K Ste1l, 219 66th Street, Phone: 427-1332, represented the applicant. Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon Application of FAST FARE, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FAST FARE, INC FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AND CONVENIENCE STORE R012962077 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Fast Fare Inc., for a conditional Use Permit for an automobile service station and convenience store at the northeast corner of Shore Drive and Greenwell Road Said parcel is located at 4492 Shore Drive and contains 42,253 square feet. BAYSIDE BOROUGH. The following conditions shall be required.- 1. The site plan and landscape plan dated 24 October 1996, entitled 'Crown Landscape Plan,' and on file in the Planning Department, shall be substantially adhered to. 2. The colored rendering, untitled and undated, shall be substantially adhered to. The block shall be beige as shown in the photographs attached to the rendering. 3. The free-standing sign shall be monument-style, substantially as depicted in the submitted rendering. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Nineteen Hundred and Ninety-Six. Voting: 9-0 Council Members Voting Aye: @n A. Baum, Linwood 0. Branci4 III, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Members Absent.- William W Harrison, Jr and Nancy K Parker December 3, 1996 - 39 - Item V-M.2.c. PUBLIC HEARING ITEM # 41505 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED, Ordinance upon application of JOYCE E. BECK for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JOYCE E. BECK FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY CARE) R012962078 BE IT HEREBY ORDAINED BY THE COUINCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Joyce E. Beck for a conditional Use Permit for a home occupation (day care) at the northwest corner of Lyndora Road and Chesterbrook Drive. Said parcel is located at 2001 Lyndora Road and contains 6,000 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. This day-care home shall be State licensed at all times. 2. Approval is for a maximum of eleven (11) children at any one time. 3. Hours of operation shall be from 6:30 AM to 6:00 PM, Monday thru Friday. 4. There shall be no outdoor play activity before 9:00 AM. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Nineteen Hundred and Ninety-Six. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Lous R. Jones, Reba S. McClanan, Mayor Meyere E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa K. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Nancy K. Parker December 3, 1996 - 40 -- Item V-M.2.d. PUBLIC HEARING ITEM # 41506 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED on Ordinance upon application of AVALON HILLS BAPTIST CHRUCH for a Conditional Use: ORDINANCE UPON APPLICATION OF AVALON HILLS BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR CHURCH EXPANSION R012962079 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Avalon Hills Baptist Church for a Conditional Use Permit for a church expansion on the north side of Indian River Road, west of Strickland Road. Said parcel is located at 5728 Indian River Road and contains 1.2206 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. A stormwater management facility which meets the requirements of the City's Stormwater Management Ordinance shall be installed within the property. 2. Category IV landscaping shall be installed along the Northern property line, between the proposed addition and the abutting neighborhood to the North. This Ordinance shall be effective in accordance with section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Nineteen Hundred and Ninety-Six. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyere E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa K. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Nancy K. Parker December 3, 1996 - 41 - Item V-M.2.e. PUBLIC HEARING ITEM # 41507 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of WILLIAM S. HUDGINS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WILLIAM S. HUDGINS FOR A CONDITIOARL USE PERMIT FOR A PRODUCE STAND R012962080 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of William S. Hudgins for a Conditional Use Permit for a produce stand on certain property located on the west side of First Colonial Drive beginning at a point 480 feet south of Old Donation Parkway. Said parcel contains 2.52 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The submitted plan and rendering shall be substantially adhered to. The facility shall be of earth-tone colors or barn red (not a bright red). 2. Standard parking lot improvements shall not be required. A clamshell parking area is permitted except that one paved handicapped parking space with paved access to the facility is required. 3. Street frontage landscaping is required along First Colonial Road. The flower bed shown on the submitted site plan shall also be incorporated. 4. All healthy, existing trees that are six inches (6") in diameter or greater shall remain on the site. 5. As proposed by the applicant, only one access shall be allowed off First Creneral Parkway and there shall be no access off First Colonial Road. 6. Portable restroom facilities will be permitted for the first season of operation. Following the first season, Building Code requirements for permanent restroom facilities shall be adhered to. 7. The structures shall be approved by the Director of Planning or his designee. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beack Virginia, on the Third of December, Nineteen Hundred and Nineiy-Six. December 3, 1996 - 42 - item V-M.2.e. PUBLJC HEARING ITEM # 41507 (Continued) PLANNING BY CONSENT Voting: 8-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Harold Heischober, Louis P, Jones, Reba S McClanan, Mayor Meyera E Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Members Abstaining: Barbara M. Henley Council Members Absent: William W Ilarrison, Jr. and Nancy K Parker Council Lady Henley ABSTAINED on Item e (William S. Hudgins), as she does business with this applicant. December 3, 1996 - 43 - Item V-M.2.f. PUBLIC HEARING ITEM # 41508 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of WENDY YAVNER WEBSTER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WENDY YAVNER REBSTER FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY CARE) R012962081 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wendy Yavner Webster for a conditional Use Permit for a home occupation (day care) on Lot 289, Section 4, Kings Grant. Said parcel is located at 3232 Queensbury Drive and contains 20,198 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. This day-care home shall be State licensed at all times. 2. Approval is for a maximum of eight (8) children. 3. Hours of operation shall be from 7:30 AM to 5:30 PM, Monday through Friday. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Nineteen Hundred and Ninet-Six. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Harold Heischober, Barbara M. Henley, Louis P- Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Trzce Mayor William D. Sessopm, Jr. and Louisa K 9rayhorn Council Members Voting Nay: None Council Members Absent: William W Harrison, Jr. and Nancy K Parker December 3, 1996 - 44 - Item V-M.2.g. PUBLIC HEARING ITEM # 41509 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of PRIMECO PERSONAL COMMUNICATIONS, L.P. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PRIMECO PERSONAL COMMUNICATIONS LP. FOR A CONDITIONAL USE PERMIT FOR A 10-FOOT ADDITION To AN EXISTING 125-FOOT COMMUNICATIONS TOWER R012962082 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PrimeCo Personal Communications, L.P. for a Conditional Use Permit for a 10-foot addition to an existing 125- foot communications tower on certain property located at the southern extremity of Chicory Street. Said parcel contains 27.5 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. The approved tower must be constructed in substantial conformance with the photo rendering submitted to the Planning Commission on 13 November 1996 and on file in the Planning Department. 2. The Conditional use permit is approved only for the leased portion of the site as depicted on the submitted site plan. It is further recommended that the applicant apply for a variance to the Board of Zoning Appeals (BZA) for landscaping normally required around the base of the communication tower. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Nineteen Hundred and Ninety-Six. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; 111, Harold Ikischober, Barbara M HenleY, Louis P, Jones, Reba S McCianan, Mayor Meyera F Oberndorf nice Mayor William D. Sessolm, jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Members Absent.- William W. Harrison, Jr. and Nancy K Parker December 3, 1996 - 45 - Item V-M.2.h. PUBLIC HEARING ITEM # 41510 PLANNING Randy Royal, Engineering Services, Inc. - 3351 Stoneshore Road, phone: 468-6800, represented the applicant Upon motion by Council lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon Application of AGAPAE INTERNATIONAL CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF AGAPAE INTERNATIONAL CHURCH FOR CONDITIONAL USE PERMIT FOR A CHURCH R012962083 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Agapae International Church for a conditional Use Permit for a church on the south side of Princess Anne Road, west of Courthouse Loop. Said parcel is located at 2641 Princess Anne Road and contains 10.867 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. There will be one temporary access to the site from Princess Anne Road. Once an alternative access is established this temporary access shall be removed. 2. Temporary right- and left-turn lanes for Princess Anne Road will be required to serve the temporary access to the site. The final location of the temporary turn lanes will be determined at final site plan review. 3. A stormwater management plan with relevant calculations will be required during detailed site plan review process. 4. Architecture, building materials and color shall substantially adhere to plans presented to the Planning Commission and on flle in the Planning Department. Any architectural revisions must be approved by the Planning Director or his designee. 5. Prior to final site plan approval,the applicant must submit a detailed landscape plan which meets all requirements outlined in the City Zoning Ordinance. A tree preservation plan shall be presented to staff for approval. 6. There shall be no temporary structures on-site. 7. The existing, larger mature trees on the site shall be preserved to every extent possible. & The monument sign shall consist of similar materials to match the architecture of the building and landscaping shall be installed around the base of the sign. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Nineteen Hundred and Ninety-Six. December 3, 1996 - 46 - Item V-M.2.h. PUBLIC HEARING ITEM # 41510 (Continued) PLANNING Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Bawn, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. mccianan, Mayor Meyera E. Oberndorf Ilice Mayor William D. Sessoms, Jr. and Louisa K @l;trayhorn Council Members Voting Nay: None Council Members Absent, William W. Harrison, Jr. and Nancy K Parker December 3, 1996 - 47 - Item V-M.2.i. PUBLIC HEARING ITEM # 41511 PLANNING BY CONSENT UPON motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of T. J. SLACK and COMPANY for a Change of Zoning: ORDINANCE UPON APPLICATION OF T.J. SLACK AND COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION Z012961057 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of T. J. Slack and Company for a Change of Zoning District Classification from A-18 Apartment District to R-5S residential Single Family District on the west side of Lincoln Avenue, 426.70 feet north of Alabama Road, on Lots 43, 44, 45, 46, 47, 48, 49, 50 and 51, Lot 14, Pecan Gardens. The proposed zoning classification change to R-5S is for single family residential land use on lots no less than 5,000 square feet. The Comprehensive Plan recommends use of this parcel for urban medium low density residential at densities that are compatible with single family or multi-family use in accordance with other Plan policies. Said parcel contains 22,500 square feel PRINCESS ANNE BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Nineteen Hundred and Ninety-Six. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McCianan, Mayor Meyera E Oberndorf Ilice Mayor William D. Sessoms, Jr. and louisa K Strayhorn Council Members Voting Nay: None Council Members Absent William W. Harrison, Jr. and Nancy K Parker December 3, 1996 - 48 - Item V-N.1 APPOINTMENTS ITEM # 41512 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: BOND REFERENDA COMMITTEE C. Max Bartholomew, Jr. No Term Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branc,% 111, Harold Heischober, Barbara M, Henley, Louis R Jones, Reba S McCianan, Mayor Meyera E. Oberndorf, l'ice MaYor William D Sessoms, Jr and Louisa K 5trayhorn Council Members Voting Nay: None Council Members Absent.- William W Harrison, Jr. and Nancy K Parker December 3, 1996 - 49 - Item V-N.] APPOIATMEATS ITEM # 41513 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: COMMUNITY POLICY & MANAGEMENT TEAM - (CASA At-Risk) Joseph C. Webb III James E. Wood 2 Year Terms 01/01/97 - 12/31/98 Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf nice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Members Absent: William W Harrison, Jr. and Nancy K Parker December 3, 1996 - 50 - Item V-N.3 APPOINTMENTS ITEM # 41514 UPON NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) Alfred W. Croft Benjamin Laremont Vicki Lou Stephenson Four Year Terms 01/01/97 - 12/31/2000 AND, APPOINTED Michael D. Johnson 4 Year Term 01/01/97 - 12/31/2000 Voting: 9-0 (By Consent) COuncil Members Voting Aye: John A. Baum, Linwood 0. Branci4 III, Harold Heischober, Barbara M. HenleY, Louis R. Jones, Reba S. McCianan, Mayor Meyera F@. Oberndorf Vice Mayor William D. Sessona, Jr. and Louisa K @5trayhorn Council Members Voting Nay: None Council Members Absent.- William W Harrison, Jr. and Nancy K Parker December 3, 1996 - 51 - Item V-N.4 APPOIATMEATS ITEM # 41515 Upon NOMINATION by Vice Mayor Sessom, City Council APPOINTED: COMMUNITY SERVICES BOARD Marian Wall 3 Year Term 01/01/97 - 12/31/99 Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 111, Harold Ifeischober, Barbara M. HenleY, Louis R Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf, nice Mayor William D. Sessona, Jr. and Iouisa K Strayhorn Council Members Voting Nay: None Council Meinbers Absent: William W Ilarrison, Jr. and Nancy K Parker December 3, 1996 - 52 - Item V-N.5 APPOINTMENTS ITEM # 41516 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: EROSION COMMISSION Thomas Wilson Unexpired thru 04/30/97 Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Lmwood 0. Branci4 III, Harold Heischober, Barbara M. HenleY, Louis P- Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Pice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Members Absent.- William W Harrison, Jr. and Nancy K Parker December 3, 1996 - 53 - Item V-N.6 APPOINTMENTS ITEM # 41517 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: HEALTH SERVICES ADVISORY BOARD Howard J. Collins Unexpired thru 03/31/97 Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf l'ice Mayor William D. Sessoms, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Members Absent: William W Harrison, Jr. and Nancy K Parker December 3, 1996 - 54 - Item V-N. 7 APPOINTMENTS ITEM # 41518 BY CONSENSUS, City Council RESCHEDULED: CHESAPEAKE DAY PRESERVATION BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS RESORT AREA ADVISORY COMMISSION (RAAC) December 3. 1996 - 55 - Item V-P.I. NEW BUSINESS ITEM # 41519 Upon motion by Council Lady Strayhorn, seconded by Councilman Jones, City Council SCHEDULED ADVETISING/RECONSIDERATION OF WILLIAMS HOLDING CORPORATION, 14 January 1997: Conditional Use Permit for a borrow pit approved by Council 12 November 1996. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Vice MaYOr William D- Sessoms, Jr. and Louisa K Strayhorn Council Members Voting Nay: None Council Members Absent.- William W. Harrison, Jr. and Nancy K Parker December 3, 1996 - 56 - item V-P.Z NEW BUSINESS ITEM # 41520 BY CONSENSUS, City Council.- RECORDED AS SUBMITTED BY THE GENEPAL REGISTRAR: ABSTRACT OF VOTES City of Virginia Beach General Election - 5 November 1996 December 3, 1996 - 57 - Item V-Q. ADJOURIVMENT ITEM # 41521 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:55 PM. z@ ------ Beverly 0. qooks, CMCIA,4E Chief Deputy City Clerk --- ---------------------- Meyera E. Oberndorf City Clerk Mayor City of Vzrginta Beach Virginia December 3, 1996