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HomeMy WebLinkAboutAPRIL 6, 1999 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL M4YOR MEYERA E OBERNDORF Ar LarRe VlCE MAYOR WILLIAM D SESSOMS JR At Large UNWOOD 0 BRANCH III Distrwt ti Btm h MARGARET L EURE DIstrict I Centervdl¢ WILLIAM W HARRISON JR District 5 Lynnha~en HAROLD HEISCHOBER At t .,rRe BARBARA M HENLEY D,stnct 7-Pnnce~ Anne LOUIS R JONES District 4 Baystde REBA $ McCLANAN DIstrict $ Rose llull NANCY K PARKER At Large A M (DON) WEEKS District 2-Kempsvdle JAMES K SPORE City Manager LESLIE L LILLEY City Attorney RUTH HODGES SMITH CMCIAAE City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 000'~ PIIONE S757) 427-4 FAX (7';71 426 $669 [:MAlt. CTYCNCL~CITY VIRGINIA BEACil VA U April 6, 1999 I. BUDGET WORKSHOP - Conference Room - 10:00 AM II. PRESENTATION 12:30 PM A. LIBRARY FACILITIES REVIEW COMMITTEE REPORT [45 min.] Betty Lu Bridges, Chair, Public Library Board III. REVIEW OF AGENDA ITEMS [5 min.] IV. CITY COUNCIL COMMENTS [10 min.] V. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VI. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Father James Parke Church of the Ascension 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 March 23, 1999 2. PRESENTATION OF FY 1999-2000 MANAGEMENT - March 30, 1999 RESOURCE PLAN G. AGENDA FOR FORMAL SESSION 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. H. RESOLUTIONS . Resolution to request the Virginia General Assembly, at their meeting on April 7, 1999, restore the $375,000, removed by Governor Gilmore, from the Commonwealth's 1998/2000 Biennial Budget: (Sponsored by Mayor Meyera E. Oberndor0 a. $250,000 for the Virginia Marine Science Museum b. $125,000 for the Contemporary Art Center of Virginia . Resolution re TRANSFER of the Virginia Beach Cable Television Franchise from Coxcom, Inc., to Cox Communications Hampton Roads, L.L.C, subject to compliance within sixty (60) days of the effective date of this resolution. I. ORDINANCES le Ordinance to AMEND Section 38-3 of the City Code by ADDING a provision allowing the discharge of muzzleloading rifles under certain conditions. , Ordinance to ACCEPT and APPROPRIATE a $176,571 Grant from the State Department of Conservation and Recreation's Water Quality Improvement Fund to the North Lake Holly Watershed Capital Project (#7-005) re providing storm drainage system improvements; authorize City Manager to execute Grant Agreement #80934-99-6 of the Water Quality Improvement Act of 1997; and, estimated revenue from the state government be increased accordingly. . Ordinances to APPROPRIATE funds to the FY 1998-1999 Operating Budget ortho Police Dcparuncnt: a. $135,000 to the Airplane Enterprise Operation re continuation of the prisoner transportation service. b, $102,040 from the Forfeited Asset Sharing Special Revenue Fund re purchase of equipment for special investigative operations. . Ordinance to APPROPRIATE $8,900 from the Forfeited Asset Sharing Special Revenue Fund Balance to the FY 1998-1999 Operating Budget of the Office of the Commonwealth's Attorney re purchase of a multimedia projector for training and for presentation outside of the Virginia Beach Judicial Center. . Ordinance to ACCEPT and APPROPRIATE $123,000 from the Commonwealth of Virginia to the FY 1998-1999 Operating Budget of the Community Services Board re acquiring vehicles used to transpoa mental retardation clients; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. . Ordinance to APPROPRIATE $11,290 from the Virginia Beach Library Gift Fund to the FY 1998-1999 Operating Budget of the Department of Libraries re purchase of library materials for the libraries, as well as equipment for the Special Services Subregional Library for the Blind and Visually Handicapped; and, estimated revenue from donations from citizens and organizations be increased accordingly. , Ordinance to AMEND the Capital Budget by establishing the Bendix Road Regional BMP (Project//7-017); TRANSFER $125,000 from the retained earnings in the Storm Water Enterprise Fund to Capital project//7-017 re design and construction; and, authorize the City Manager to execute a regional stormwater BMP agreement with OLYMPIA DEVELOPMENT CORPORATION. K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT VII. CITY MANAGER'S BRIEFING - Conference Room - . ECONOMIC DEVELOPMENT AND TOURISM MARKETING Donald L. Maxwell, Director, Department of Economic Development James B. Ricketts, Director, Convention and Visitor Development Palmer Farley, Barker, Campbell, Farley & Mansfield Advertising Agency MINUTES VIRGINIA BEACH CITY COUNCIL V,rg~n~a Beach, V~rg~ma April 6, 1999 Mayor Meyera E. Oberndorf called to order the BUDGET IVORKSHOP in the Council Conference Room, Ctty Hall Budding, on April 6, 1999, at 10:00 A.M. Council Members Present Linwood 0 Branch, III, Margaret L. Eure, Barbara M. Henley, Harold Heischober, Louis R Jones, Mayor Meyera E. Oberndorf Nancy K Parker and A. M. "Don" Weeks Counctl Members Absent: Vtce Mayor Wdham D. Sessoms William W. Harrison, Jr. [ENTERED. 11.30 A M.] [ENTERED 11 '21 A M] Reba S. McClanan [ENTERED. 10:08 A.M] -2- BUDGET WORKSHOP SAFE COMMUNITY 10:00 A.M. ITEM # 44802 Mayor Oberndorf advtsed thts is the first of many Budget Workshops. The Mayor's goal ts to secure enough fundtng to finance the School's technology Dean Block, Director - Department of Management Services, introduced Sheriff Frank Drew and his staff to dtscuss the Correction Center expansion Shert. ff Drew explatned the history of corrections in Virginta Beach. The firstjatl was bmlt tn 1947. The 166-bedjail original facility tn tts present location was opened tn 1978. In November 1986, a Referendum was passed to build a minimum security l O0-bed facility, whtch ts sttll betng utihzed today. At the present ttme, there are 150 tndtvtduals tn thts factltty Thts ts probably the most cost effective facihty built In 1987, a newjail was approved whtch opened in 1992, and raised the capactty to 563 inmates. The day this new jarl was opened (May 1, 1992), it contained 678 inmates and was overcrowded by 180 inmates. A facthty shouM never have been butlt that was overcrowded on the day of opemng. Shertff Drew placed a model on the Conference Table depicting the extsttng factlity and the addttton betng proposed Sheriff Drew was elected in November 1989 and assumed office tn January 1, 1990 During that interim period of ttme, the Chief of Pohce allowed htm to travel and view jails in dtfferent parts of the country. The new facdtty had been planned, but not commenced It was tn the shape of a square box, whtch is very ineffictent, with long hallways and two of everythtng (kttchens, main controls, etc ) Thts has been made to work by tearing out walls. Trying not to duphcate thts mtstake tn the planning phase, a facility was examined by the Ctty Architect - Ed Wall, the Ctty Engtneer- John Herzke, Chuck Davis - General Services, a representative from Public Utilities and Shertff Drew. A nattonal search was conducted resulting in four finahsts The study group went to four selected factltttes tn the Umted States, whtch wouM be similar to the one betng planned tn Vtrgtnta Beach and intervtewed thetr counterparts to determtne the advantages and dtsadvantages of the factltty. The Sheriff's commtttee has met with Senator Stolle' and Delegate Croshaw, as well as other members of the Delegation Sheriff Drew beheves fundtng will be provtded by the State. Through the utthzatton of a model, Sheriff Drew advtsed, an area is proposed to be bmlt wtth the Deputy located in the middle of the facility in a cubicle. There are no hallways. There ts one deputy overseetng 200 tnmates. To butM thts facthty, General Servtces must be moved Currently and since Sheriff Drew took office a tunnel provides a corridor to take the prisoners to the courts Prior to this tunnel, the prtsoners had to be handcuffed together and marched over to the court from the jarl Today, the prisoners are never in the vtew of the pubhc. Previously, approximately once a month, one of the prtsoners escaped. There has not been an escape tn 10 years from the major facthty. Through the growth of the Ctty, addtttonal pohce officers have been provided Unless soctety changes, the City must continue budding new jarls There were 647 pohce officers in 1993 and 762 tn 1998. When parole was abohshed, the parole rate went from 40% to 8%, the jarls increased. Thepublic wished tougherprograms. Thepublic is very sattsfied wtth the work crews, composed of prtsoners guilty only of misdemeanors These work crews are savtng the City 'millions of dollars. In the ten years of these workprograms, there have been only 4 or 5 "walk-a- ways" &ncc Vtrgtnia passed the "truth in sentencing" law, tf an individual recetves a 'year sentence, he wdl serve at least 10 months, posstbly 11 months. Indtvtduals are now servtng three times as much time as prior to the passage of this law. The National Standards of the American Correctional Association state a two person cell must be 80-square feet (10 x 8). The State of Virginia says the cell must be 105 square feet. Sheriff Drew wishes to build an 80-square foot cell, even tfhe must sue the State The figures contatned within the CIP are based on the lOS-square foot cell Today, the Correctional Center ts holdtng an average of 22 Federal prisoners The concept of a regional jail does not work for the largerjurtsdtcttons Vtrgtnta Beach conttnue to be the safest Ctty tn the natron On October 14, 1997, City Council ADOPTED an Ordinance to APPROPRIATE $992,635 from the Sheriff's Department Special Revenue Fund Balance to their FY 1997-1998 Operating Budget re study of Correctional Center's future needs; salary tncreases for certain State posttions, equipment purchases; and, enhancement of the tax-deferred Supplemental Retirement System for Department employees. Said ordinance was distributed to Ctty Council for reference. Mr. Block advised this Project #3-443 Correction Center - needs study and Project #3-441 Correction Center Addition Il/Building & Landscape Relocation ts deptcted on pages 18/19 under Buddings in the Capttal Improvement Program Mr Block advised, on average, there are approximately 5-~ local prisoners for every State prisoner. The State has 30 days after sentenctng to ptck up the Federal Prisoner from the Correctional Facility. Shertff Drew advised the federal government pays $44 a day for each federal prtsoner held. The average number per day is 22. Mr. Block advtsed the Ctty provtdes approximately $4-MILLION in fundtng with the State providing the remainder. Aprtl 6, 1999 -3- BUDGET WORKSHOP SAFE COMMUNITY ITEM # 44802 (Continued) Commonwealth's Attorney Robert Humphreys cited an example. If the police arrest a suspected robber, which is a State offense, the inchvtdual will go to the Correctional Center. If they cannotprovtde bond, they will stay in the Correctional Center unttl such time as they are tried Once sentenced and this convictton becomes )qnal, the State has 30 days to pick up the prisoner The offenders of local Ctty ordtnances are enttrely the responsibihty of Shertff Drew. There ts also a grey area, where there are violattons of State Law, however, because the sentence ts relattvely short (less than a year), Sheriff Drew ts also responstble for these indtviduals. Bestdes the relocation of Building Maintenance and Landscape Services, there is also a plan to buiM a new Emergency Operations Center, presently located tn Police Headquarters. The Civil Process Division will be moved into the Emergency Operattons Center from the Courts, which will free approximately 3500 square feet in the courts building A jail extsts in the basement of police headquarters, whtch ts utthzed for the worst offenders. With the new correction center, this '~/ail" space will be returned to the Police Department for storage In the first Budget year encompassing $6,570,000, prior to actual construction of the jail and before being too far along in the design, Building Maintenance and Landscape Services must be relocated. There would be no practtcal way to fund thts project tn one year, so the funds must be accumulated over a pertod of time Even though $23,930,000 is allocated in CIP Year 2, this entire funding wtH not be expended Construction will probably not commence until toward the end of Year 3, around the first part of Fiscal Year 2001. The Building Maintenance Facility should be moved across the street andplaced next to the Juventle Detention facility. Funding for acquisition of property has not been included tn this plan. The relocatton of Landscape Services will follow and will probably be located off the Muntctpal Complex, in the Lake Ridge area Mr Block cited in the 1970's, House Bill 599 was the General Assembly vehicle which allowed a moratortum on annexation betng passed. The State agreed to provtde funding to localities with police departments which became known as 599 Funding, because House Bill 599 was the vehicle for approving same. Over the years, this funding source was supposed to grow in accordance with the formula. As seen tn the past, the State did not live up to their promtses and did not fund same at a conttnutng rate. Over the last several years, thts funding has been basically frozen at approximately $6-MILLION per year The City learned there would be a substantial tncrease in 599 Funding to compensate for this inadequacy and raise tt to the level tt should have been. Vtrgtnta Beach's share amounted to approxtmately $9.7-MILLION tn extra funding. All of this fundtng was transferred from the General Fund to the Capital Improvement Program for various projects. The jail is one of the projects for which these funds would be allocated. All of the $9.7-MILLION has been utilized for a wtde range of public safety and correcttonal projects. A compilation of these funds will be provtded to Members of Ctty Council. Funding of the design and actual construction is dependent upon the hfttng of the State freeze on retmbursements for local jail expansions. The City expects the 25% and future approprtattons will be dependent upon this. Relative the Juvenile Detention facility, there is approximately $6.7-MILLION of local costs tnvolved in the 60-bed facility and if the State does provide the 50% share, the total cost for the 90-bed facility would be tn the vicinity of $13 to $13 ~-MILLION, so there would be the very little additional local funds involved. Unttl the outcome of discussions with the Legtslator, ts known and design is in place, it does not seem reasonable to clartfy the details Construction could begin no later than this time next year if the General Assembly acts tn their 2000 Session. April 6, 1999 -4- BUDGET WORKSHOP RE VENUE HIGHLIGHTS ITEM # 44803 11:00 A.M. Over the last five years tn the 5-Year Forecast, it has been &scussed that the natural growth tn tax revenue wtll range between 4 and 6% a year unless a recession or war occurs. A point on the General Fund equates to approximately $5-MILLION. The General Fund is the hub from which everything else except water, sewer and stormwater revolves One of the major factors of the FY 1999/2000 are an improved real estate market, whtch results tn higher assessment and greater income for the government There has also been steady tourism related to revenue growth: Amusement taxes, meal taxes, hotel taxes There are two spectal items whtch are not reflected in these figures for the natural growth of local tax revenue: lottery and the 599 Funds Combtned, these total approximately $19. 4-MILLIONin Fiscal Year 2000. In accordance with City Counctl's chrection and the agreement reached by the Committee, every dollar of the lottery funds ts committed to School constructton, specifically School modernization. Every dollar of 599 Funds ts committed to one-time costs in areas of public safety and correcttons in one form or another The staff believes it unwise to commit those funds to ongoing operattng expenses. The lottery funds do not flow through the Operating Budget. They flow directly to School construction. The 599 Funds flow through the General Fund and are transferred to the Capital Improvement Program. Mr. Block dtstrtbuted responses to City Council's questions relative the Budget. Mr. Block quoted a question from Counctl Lady Parker: "Of the $56-MILLION in revenue growth, what produces the growth and how much is dedicated for specific purposes?" CITY OF VIRGINIA BEACH REVENUE GROWTH FY 1999-00 ,4djusted Proposed Change FY98-99 FY 99-O0 $ Total Revenue 1,012,193,498 1,068, 603,358 56,409,860 5 6% Special Revenue & 448,169,072 464,555,450 16,386,378 3 7% Enterprise Revenue General Fund 564, 024, 426 604, 04 7, 908 40, 023, 482 7 1% Revenue General Fund Revenue Growth Real Estate Taxes 24 7, 409, 440 260, §67, 449 13,158, 009 5 3 % Personal Property Taxes 75,867,261 85,343,378 9,476,117 12 5% Commonwealth Revenue 40,765,993 52,160,966 11,394,973 28 0% Federal Revenue 12,921,503 13,401,537 480,034 3 7% ,4H other Taxes, Fees, 187,060,229 192,574,578 5,514,349 2 9% Charges TOT,4L 564. 024,426 60.4., 047,908 40, 023.482 7 1% Less Dedtcated Revenue Growth * ,,599 . Increase 9, 745, 000 9, 745, 000 -- School Revenue Shartng 221,608,969 234,955,090 13,346,121 6 0% Pohcy TGIFff ,4P 16,283,209 17,454,032 1,160,823 7 1% ,4RP 3,273,830 3,410,402 136,572 4 2% EDIP (Ctgarette) 1,956,574 1,955,697 (877) - 0 0% Parks &Recreatton 10,468,303 11,024,928 556,625 5 3% Referendum Roads Referendum 9,875, 758 10,400,875 525,117 5 3% School Technology - 1,500,000 1,500,000 -- Other** 43,026,066 44,830,175 1,804,109 4 2% TOT,4L 306.502. 709 335.2 76,199 28, 773.490 9 4% Non Dedtcated General 257,521, 717 268, 771, 709 11,249,992 4 4% Fund Revenue April 6, 1999 -5- BUDGET WORKSHOP RE VENUE HIGHLIGHTS ITEM # 44803 (Continued) * "Dedicated" is defined as (a) restricted by law orpohcy as to use or (b) directly related to an offsetting cost (e.g. certain Soctal Service ttems). **examples include state road maintenance, Soctal Services and Constitutional Officers Note: Non Dedicated General Fund Revenues are used to support other costs such as tncreases tn employee compensation (approxtmately $5-MILLION), increases in SPSA and Juvenile Detention charges (approximately $1.6-MILLION), as well as increases tn tnfrastructure and equipment maintenance Natural Growth in Local Tax Revenue- Trend 94/95 95/96 96/9 7 9 7/98 98/99 99/2000 4.5% 5.3% 3.4% 5.3% 4.7% 5.4% MAJOR FACTORS - FY 1999/2000 Improved Real Estate Market Steady Tourism-Related Revenue Growth FY 1999/2000 - SPECIAL ITEMS Lottery funds - School construction "599" Funds - One time costs The $10,300,000 in en&ng fund balance has been programmed, and, tn addttton, t. f the policy of gatn sharing is continued, there will be a cost associated wtth that and that has been allocated as reflected on Page 1-29 in the document The $10,300,000 would be derived from a combinatton of revenues in excess of esttmates and expenditures less than estimates A breakdown will be provided to Counctl Members The staff always adheres to City Council's policy t.e. anythtng that ts anticipated as an endtng balance will only be utihzed for Capital items. Relative the E-911 fee, included with the Proposed FY 1999-00 Operating Budget ts an ordtnance to eliminate the sunset provtston effective May 11, 1999, and matntain the fee at $1.95. Thts ts consistent wtth the need to replace the microwave equipment etc. A portion of this has been funded wtth ongoing costs. The E-911fee generates $6.3-MILLION of whtch $1.5-MILLION is being expended on capital costs with the remainder on operattonal costs. Additional detatl wtll be provided to City Counctl The E-911 fee is not paying for all equipment replacement. Response wtll be provtded relattve organtzation and responsibthty of the E-911 dispatchers concerning emergencies as well as other dispatching services A full BRIEFING wtll be provtded to City Counctl on E-911. Mr. Block advised relative Cellular 911 Calls, legislation required all cities in Hampton Roads must be able to handle these calls by January 2000 No fundtng was provtded for thts purpose At the present time, you can not dial E-911from the cellular phone. The technology has not been installed. The call can be routed through the State Pohce by dialing #77. This ts another example of State mandate Pohce Chief Charles Wall advised if the State receives an emergency call they can ra&o dispatch to our Ctty. However, they do not They want the large cities to provide this servtce. April 6, 1999 -6- AGENDA RE VIE W 12:01 P.M. ITEM # 44804 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTIONS H. 1 Resolution to request the Virginia General Assembly, at their meeting on April 7, 1999, restore the $375,000, removed by Governor Gilmore, from the Commonwealth's 1998/2000 Biennial Budget: (Sponsored by Mayor Meyera E. Oberndor)9 a. $250, O00 for the Vtrgtnta Marine Science Museum b. $125, O00 for the Contemporary Art Center of Virgima H. 2 Resolution re TRANSFER of the Virginia Beach Cable Television Franchise from Coxcom, Inc., to Cox Communications Hampton Roads, L.L. C, subject to compliance withtn stxty (60) days of the effective date of this resolution ORDINANCES 1.1. Ordinance to AMEND Section 38-3 of the City Code by ADDING a provision allowtng the discharge of mugleloading rifles under certatn conditions. (Department of Inland Game & Fisheries) 1.2. Ordinance to ACCEPT and APPROPRIATE a $176, 5 71 Grant from the Vtrgmia Department of Conservatton and Recreation 's Water Quality Improvement Fund to the North Lake Holly Watershed Capttal Project (#7-005) reprov~ding storm drainage system improvements; authorize City Manager to execute Grant Agreement g80934-99-6 of the Water Quality Improvement Act of 1997; and, estimated revenue from the state government be increased accordingly. 1.3. Ordinances to APPROPRIATE funds to the FY1998-1999 Operating Budget of the Police Department: a $135,000 to the Airplane Enterprise Operation re continuation of the prisoner transportation service. b $102,040from theForfeitedAssetSharing Special Revenue Fund re purchase of equipment for special investigative operations 1.4. Ordtnance to APPROPRIATE $8,900from the Forfeited Asset Sharing Special Revenue Fund Balance to the FY 1998-1999 Operating Budget of the Office of the Commonwealth 's Attorney re purchase of a multimedia projector for training and for presentatton outside of the Virginia Beach Judicial Center. 1.5. Ordinance to ACCEPT and APPROPRIATE $123, O00 from the Commonwealth of Virginia to the FY 1998-1999 Operating Budget of the Community Services Board re acquiring vehtcles used to transport mental retardation clients; and, esttmated revenue from the Commonwealth of Virginia be increased accordingly. Apnl 6, 1999 i -8- BUDGET WORKSHOP SAFE COMMUNITY 12:02 P.M. ITEM # 44805 Commonwealth's Attorney Robert Humphreys advised his budget includes one newposition - Legal Docket Clerk I - to assume the Circuit Court docket responsibilities now being handled by the supervisor of the department's Prosecution Support Team. In addition, this position is expected to significantly reduce the department's dependency on temporary employees to provide needed support to attorneys and other legal staff. The cost of this position is covered primardy by a significant reduction in funding for Contracted Manpower. Misdemeanor cases increased 15% between 1997 (5,238) and 1998 (6,036). Most of these cases involve appeals and violations of probation. Although these cases are not labor intensive, the large increase in cases does affect the workload. Domestic violence cases also continue to increase (1,806 in 1998) These cases are typically labor intensive and, due to national attention being centered on the issue of domestic violence, the numbers are expected to continue to increase Because of this growing focus, a team of legal staff has been dedicated to addressing these cases. Despite the increase tn caseload resulting form the aforementioned factors, the Office's objectives for FY 1999-2000 are to maintain a 94% conviction rate for felonies and a 90% conviction rate for misdemeanors. The national averages for felonies and misdemeanors are 75 % and 6 7%, respectively. Relative Consumer Affairs, this staff has the responsibility of enforcing consumer protection laws by investigating complaints against businesses, preparing cases for court, providing consumer information to the public, and mediating disputes when legal action is not warranted The requests for investigations/ mediations remain between 1, 600 and 1, 700 per year. Due to continued manpower shortages, however, the Division has focused on providing consumer education. The result of this educational effort, however, has been a greater increase in the number of complaints needing assistance The Division must decline more than 60% of the requests received, yet still manage to return more than $256,0000 in FY 1997-98 to the citizens of Virginia Beach. Next year, Mr. Humphreys will request the City Council to make a policy decision to either additionally fund this Consumer Affairs at a level to provide reasonable service or simply eliminate the division. Something is wrong, when 60% of the requests are declined because of manpower. This is not a mandated service. Other localities have eliminated their Consumer Protection operations. In addition, an increasing number of consumer fraud cases has resulted in the need for enhanced legal support. The department has assigned one of its State-funded attorney poslttons to specifically handle consumer fraud cases. Mayor Oberndorf advised she utilized the office of Consumer Affairs and her children's funds were retrieved. Mayor Oberndorf was very grateful. Council Lady McClanan also complimented Consumer Affairs. Individuals have received assistance by providing detailed information on the proper method to proceed in the matter of the citizen's complaint Mr. Block advised that commencing on Pages 1-36 thru 1-44, a hst by Service Area and Department of all Items requested, but not funded, in the FY1999-2000 Operating Budget (with the exception of Schools). In the Capital Improvement Program within each section, a "Requested But Not Funded Project Listing" is included. Mr. Block referenced. Project 3-001 Judicial Center New Courtrooms in the Capital Improvement Program, Page 30 (Building Section). This projectprovides funds to complete shell space within the Judicial Center for two courtrooms and judges' chambers. Initial funding is to design space in both courts and provide construction funds for the General District Courtroom. Funding is provided in the FY 1999-2000 to allowprehminary work to move forward on the Juvenile and Domestic courtroom should the 2000 Session of the General Assembly approve the additional judgeship for that court based on caseload and supporting data In the FY 1998-99 Operating Budget, information was provided to disclose the potential storage problem, which the clerks of the various courts may incur in the future due to having to provide certified copies of various court records to attorneys, judges, etc. Since active records are currently tn "hard copy" and have to be easily obtainable, they are currently stored in various locations within the Judicial Center, including unfinished courtrooms. Electronic scanning, storage and retrieval of records was mentioned in last year's document as a possible alternative Investigation on the various alternatives is ongoing and the potential impacts on operations of various agencies are also being evaluated. IVhile no target has been established for selecting a viable solution for the storage problem, it is possible that the FY 2000-01 Operating Budget may be impacted by a selection. April 6, 1999 -9- BUDGET WORKSHOP SAFE COMMUNITY ITEM # 44805 (Continued) The proposed funding for Courts and Court Support is 12.55% over the adjusted FY 1998-99 Operating Budget funding level, primarily due to increased costs assoctated with increased per diem rates for determination and post-disposition services acquired by the Virginia Beach Court Service Unit (i e. Juventle Probation)for juveniles before the Juvenile and Domesttc Relations Court. Durtng FY 1998-99, the Vtrginia Beach Court Service Unit used State grant funds from the Vtrgtnta Juvenile Community Crtme Control Act to establish a CHINS (Children in need of supervision/services) Unit with the addttton of six full-time grant funded City positions and use of two extsting State funded positions to handle cases involving children that are having behavtoral problems tn school or at home. There ts approxtmately a $400,000 tncrease in the operattng cost associated wtth secure and non secure detentton In Fiscal Year 1992-1993, 29, 700 detentton days were utthzed. In Fiscal Year 1997-1998, 67,800 days were used, which is far tn excess of the growth of population In Emergency Medical Services, a new Quality Control Program has been tmttated. Most large cities in the Country have established a quality assurance program tn whtch emergency medical calls are reviewed tn terms of response time, procedures and medical protocol Thts program wtll help ensure a continued high quahty care and wtll help determtne training needs. To administer this program, a part-ttme Regtstered Nurse position has been added. Relative the Fire Department, the funding recommended over last year 's adjusted level includes an elevated replacement of fire apparatus (three pumpers rather than two), fire hose replacements and defibrillators. Funds are betng tdenti, fied to replace the Sandbridge Fire Station, which is also in the Capttal Improvement Program, Page 26 (Butldtngs) ' Project #3-424 Fire Station 17 (Sandbridge) Relocation This provides for a replacement of the existing Sandbridge Fire Station with a 11,300 squarefootfacthty in order to provtde an adequate facility both in terms of size and habitability of the fire/rescue station serving the Sandbridge area. The existing 2,592 square foot Sandbridge Station is considered the station most in need of replacement due to housing limitations for fire and rescue crews. Costs are based on a comparable station recently built in the Creeds area of the City. In March 1999, the Ctty received an offer of donation of land for relocation of the station (shghtly off the Barrier lsland). The site conditions are currently betng revtewed to address any design considerations. The Community does not support relocating this Fire Station out of Sandbridge. Information will be provtded relative the area served by thts Ftre Station 17 and the response times. Council Lady Henley expressed concern relative not funding a Strawbridge Fire Station. All of the cost figures shall be provided. Project #3-118 Fire Training Center Improvements is necessary to keep Virginia Beach fire fighters slalled in varied types of fire fighting techmques and to enable them to properly respond when called upon. This project will ensure adequate and safe trainingfacilittes for City and regional fire personnel, consistent with the Master Plan for the facdity completed in 1997. This facility ts heavily used by many agencies as a regional training facility. Contributions are expected to be received from other Ctties who are utdtzing the facility totahng approximately 'half Million dollars. Charter Bonds are betngprovided tn FY1999-00, with an agreement from the State Fire Programs Office that future Fire Program allocations may be used to repay this "loan" of City funding authority. Information relative response times (5 minutes and over) will be provided. Relative Police, the budget reflects the reassignment and transfer of personnel as it relates to the department's recent reorganization. Increases in arrests, have not generally been related to serious crimes, wtth the exception of assault Adult arrests for simple assault tncreased by 42% from 1993 to 1998, primarily due to the increase in arrests made for domestic violence incidents Changes in departmentpohcy and state law occurred between 1992 and 1998 that encouraged and then mandated arrests for domestic assault tncidents. Arrests for drug related vtolations also substantially increased (179%) durtng this time frame. Information will be furnished concermngfocusing attention and reductng statistics relative census tracts which reflect particular problem areas of crime These particular areas are the same each year and are very directly related to housing. The Community Policing Program will be enhanced with 15 additional officers financed partially through federal funding. April 6, 1999 -lO- BUDGET WORKSHOP ITEM # 44806 BY CONSENSUS, Ctty Council DIRECTED Video-Services televise the all future Budget Workshops. April 6, 1999 -ll- PRESENTATION LIBRARY FA CILITIES REVIEW COMMITTEE REPORT ITEM # 4480 7 12:35 P.M. Betty Lu Bridges, Chair - Pubhc Library Board, advised on November 3, 1998, the voters did not approve the Library Referendum Conttnuing their collaborattve approach, the Library Board and City Counctl appotnted a Library Facilities Review Committee to revtew the eight projects and servtce enhancements contatned tn the Ltbrary Referendum and proposed plans and pohctes to address these needs The Ltbrary Board was represented by. Betty Bridges -Chatrman, Pat Deans - Vice Chatrman and Sal Iaqutnto - Boad Member. City Counctl was represented by: Counctl La&es Nancy Parker and Reba McClanan. Representattves from the Departments of Pubhc Ltbraries, General Services, Public Works, Police, Pubhc Information and Management Services provided staff assistance to the Committee. The Committee met five times, reviewed materials from staff and explored various options. This report ts the final product of the Commtttee, recommended unantmously to the Library Board and to Ctty Council for favorable action. Mrs Brtdges retterated the recommendations' EXISTING LIBRARY INFRASTRUCTURE: The Committee recommends the following schedule and time line for moderniztng and replactng extsting libraries: Central (modernization) Bayside (replacement by leasing space) Great Neck (modernization and 2000 sq.ft addition) Kempsville (modernization) Windsor Woods (modernization) Oceanfront (replacement by new con- struction on City-owned site. TOTAL CAPITAL COSTS Opening Date Capital Costs Dec. 2000 $2,460,000* May 2000 579,000 Feb. 2002 806,969 June 2002 467,544 June 2003 1,130,504 June 2004 3.105,256 $8.549.273 *Includes $250,O00 for books and other library materials. Fun&ngfor thts schedule is part of theproposed Capital lmprovements Program 1999- 2005. NEW LIBRAR Y FACILITIES: Princess Anne Area Library: The Committee recommends the construction of a 16,000 square foot library on a City- owned stte adjacent to the Prtncess Anne Recreation Center This is the same proposal that was included tn the Library Referendum tn November 1998. The Committee urges City Council make the Princess Anne Area Ltbrary its highest priortty for the Capttal Improvements Program 1999-2005, wtth fundtngfor design beginning tn FY 1999-00, with construction completed in November 2002 Acquirtng the opening day collectton of books and other materials requires a one-ttme SI-MILLION operattng budget allocatton tn 2001-2002. The ongoing impact on the operattng budget, begtnning in FY 2001/02, will be just over $ I-MILLION each year which includes staffing for 7-day-per- week service, collections, electronic technology, utthties, exterior and interior maintenance and landscaping. Aprtl 6, 1999 - 12- PRESENTATION LIBRARY FACILITIES REVIEW COMMITTEE REPORT ITEM # 4480 7 (Continued) Green Run/Salem Area Library: While the Commtttee explored leasing space as a permanent alternative to construction of the Green Run/Salem Area Library, the proximity of the current City owned stte to the neighborhoods of Green Run and the new Virginia Beach Boys and Girls Club prompted the Committee to recommend the construction of a 16, 000 square foot hbrary on the City owned site at Buckner Boulevard and Rosemont Road. The Commtttee recommends inclusion of the Green Run/Salem project tn the CIP beginnmg tn FY 2003~04for completion tn FY2005/06 Acqutrtng the opening day collectton of books and other materials requtres a one-ttme SI-MILLION operating budget allocatton in 2001-2002. The ongoing impact on the operating budget begmmng in FY2004/05 AND fully tn effect in FY 2005/06 will be just over SI-MILLION each year which includes staffing for 7-day-per-week service, collections, electronic technology, utihttes, exterior and interior maintenance and landscaping Interim Library Service for the Green Run/Salem Service Area The Committee examined two approaches to building a hbrary servtce presence in the Green Run/Salem service area while awaiting the opening of a Green Run/Salem Area Ltbrary in FY 2005-2006: (1) leasmg a 4,000 sq. ft building that would provtde reference service, electronic access to mformation, pre-school story ttmes, and the capactty for customers to drop off and ptck up books, pay fines, reserve matertals etc., and (2) expan&ng the capacity of the Outreach Servtces Diviston (bookmobde) to make more visits in neighborhoods, daycare facihttes and shopping centers in the Green Run servtce area. Each proposal has mertts. The leased facihty balances the desire to contam operating and capital costs in a temporary location while offering a meaningful level of service to community residents. It accomplishes this balance by relocating the boolonobtle and tts staff to this facihty and relytng upon them to form tts staffing core. Services and collections would be tailored so that convenient hbrary access would not be defeated by overwhelming demand The extension of additional Outreach (bookmobile) service is a far safer, if less substantial, approach to developing a library presence on an interim basis. The addttion of 1.25 FTE positions and an upgrade of one position to a more semor level would open many new opportunittes' bookmobile stops tn shopping centers earher in the day, daily staff visits to daycare facilities to share books and reading with chtldren and to assist providers in assuring a higher quality of reading expertence in their centers, parenttng programs in targeted netghborhoods to boost the experience of family reading in the homes of pre-school chddren and even newsletter contact wtth the parents of children in daycare, helping them understand how to use the library and tts staff to bring reading enjoyment to their pre-school children. The estimated costs of the two approaches are. 4,000 sq. ft. Leased Library Annual Lease: Staff(2.25 FTE) Collections: Start-Up: On-going' (increasing wtth 5°/6 inflation) Operations : (Microcomputing Services, etc.) $ 79,000 $ 64,521 $160,000 $ 25,000~annum $ 4,000 Expand Outreach (Bookmobile) Service Staff(1 25 FTE new upgrade of one existtng positton)' $ 55,619 Collections: On-going (augmentatton of existing collection) $ 10, O00/annum Programs: (Story time Idts, newsletter communications) $ 4,000 April 6, 1999 - 13- PRESENTATION LIBRARY FACILITIES REVIEW COMMITTEE REPORT ITEM # 44807 (Continued) The Committee recommended committing to establishing some form of library presence in the Green Run/Salem service area until an area library ts budt and request community residents in public dialogue sessions to determine what form that presence ought to take within the range of scope stu&ed by the committee, to provide the most perceived benefit to community residents. Marcy &ms, Director of Libraries, advised the Capital Improvements Program includes the renovation of all exlsttng hbraries and includes the leasing of space for the Bayside Library and replacement of the Oceanfront Library. The modifications and replacements of all existing hbrartes are contained within the Capital Improvement Program and are funded in a schedule beginning in 1999-00 and are concluded in the Year 2004. Programmed into the Operating Budget ts approximately $150, O00 for the lease amount of the Bayside Library Vice Mayor Sessoms and Councilman Jones suggested the idea ora Lease-Purchase be examined Council Lady Eure inquired relative the public utilizing the school hbraryfacilities. In the initial report to City Council in December 1997, an analysis was performed relative the potential use of the school libraries. Primarily the difficulties are in two areas. (1) high school libraries are built and sized to serve the students in the particular high school (2) security for the high school would preclude any other members from utilizing the library during the hours the School is open for business The library collection also supports the curriculum of the school and is geared for a certain age group an therefore will not meet the needs of the entire commumty. The schools are experimenting with keeping their buildings open further into the evening Mayor Oberndorf advised School Board Vice Chair - Rosemary Wilson had requested her to inquire of the Chair of the Library Board if there is any interest in creating a committee to research the idea of having library hours available in the schools. Mrs. Bridges advised the Board is open to exploring alternatives However, this collection is built to support the school curriculum and needs to be made available to the students The Pungo/Blackwater/Creedsjoint facilities project will give opportunity to explore doing some of these types of suggestions. Relative the relocated Bayside Library and Special Services, Mrs. Sims advised approximately 18,000 square feet will be needed (13,000for the Bayside Library, 3,000 to replace the Special Services Library and 2,000 to relocate the bookmobile operations). Council Lady Henley suggested a policy commitment be made as these facilities and the Fire Station will be first priorities in utilizing the enchng balances. Aprd 6, 1999 -14- CITY COUNCIL COMENTS 1:39 P.M. ITEM # 44808 Council Lady Henley advised relative the three-month summary of ttems, there are two ttems which need to be brought forward to City Council The Ferrell Parkway area relattve a proposal by a property owner shouM be handled, as soon as possible, with a Briefing scheduled and constderatton by City Counctl The Open Space Transition Area III report needs to be scheduled, as there are two planmng ttems pending tn this area and there are existing assessment problems. A policy chrectton should be provided ITEM # 44809 The Ctty Manager called attention to a notebook for each City Council Member, which he hopes will make City Council's job easter. These will bepresent at each City Council Session These notebooks wtll contain' Responses to City Council questions. Supporting agenda material Copy of the Recess to Executive Session Three month issue of projects, City Council Ground Rules (discussed at the RetreaO Current Council Liaison and Ad-Hoc Committee assignments. Mayor Oberndorf expressed appreciation to the Ctty Manager for translattng tnto reality their discussion. April 6, 1999 -15- ITEM # 44810 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Butldtng, on Tuesday, Aprtl 6, 1999, at 1 42 PM. Council Members Present. Linwood O. Branch, III, Margaret L. Eure, William W. Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wdliam D. Sessoms, Jr. and A M "Don" Weeks Counctl Members Absent None April 6, 1999 -16- ITEM # 44811 Mayor Meyera E Oberndor~, entertained a motton to permit City Counctl to conduct tts EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virgtma, as amended, for the following purpose. PERSONNEL MATTERS: Discusston or consideratton of or tntervtews of prospective can&dates for employment, assignment, appointment, promotion, performance, demotton, salaries, disciphning, or resignation of spectfic public oj~cers, appotntees, or employees pursuant to Sectton 2.1-344 (A) (1). To Boards and Commissions' Chesapeake Bay Preservatton Area Board PUBLICLY-HELD PROPERTY Dtscussion or consideration of the condition, acquisition, or use of real propertyforpubhc purpose, or of the disposition of publicly-held property, or of plans for the future of an tnstttution which could affect the value of property owned or desirable for ownershtp by such instttutton pursuant to Section 2.1-344(A)(3). 16tn Street Pump Station LEGAL MATTERS: Consultation wtth legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable httgatton, or other spectfic legal matters requesting the provision of legal advice by counsel pursuant to Section 2 1-344(A)(7). To- Wit: 16'h Street Pump Station Upon motion by Council Lady Parker, seconded by Councilman Hetschober, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A M. "Don" Weeks Councd Members Vottng Nay: None Councd Members Absent. Ltnwood O. Branch, III April 6, 1999 -17- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL April 6, 1999 2:08 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, Ctty Hall Butldtng, on Tuesday, Aprtl 6, 1999, at 2.08 P.M Councd Members Present. Linwood O. Branch, III, Margaret L Eure, Wilham W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wdliam D. Sessoms, Jr and A M "Don" Weeks Councd Members Absent: None INVOCATION: Father James Parke Church of the Ascension PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Aprtl 6, 1999 - 18- Item VI-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 44812 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, C~ty Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE IVITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Vtrginia law were discussed in Executtve Sesston to whtch this certtfication resolution applies; AND, Only such public business matters as were identified in the motion convening the Executtve Session were heard, discussed or considered by Virginia Beach City Counctl. Voting: 11-0 Councd Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor William D Sessoms, Jr. and A. M "Don" Weeks Councd Members Vottng Nay: None Council Members Absent. None Aprtl 6, 1999 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 44811, Page 16, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Rxt(h Hodges Sn~th, ~MC/AAE City Clerk April 6, 1999 Item VI-F. 1. - 19- MINUTES ITEM # 44813 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Councd APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 23, 1999. Voting: 11-0 Council Members Vottng Aye: Linwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Willtam D Sessoms, Jr. and A. M. "Don" Weeks Counctl Members Voting Nay: None Councd Members Absent. None Aprtl 6, 1999 Item VI-F. 2. - 20- MINUTES ITEM # 44814 Upon motton by Council Lady Parker, seconded by Councdman Harrtson, Ctty Council APPROVED the Mtnutes of the PRESENTATION OF FY 1999-2000 MANAGEMENT RESOURCE PLAN of March 30, 1999. Voting 9-0 Council Members Voting Aye: Ltnwood 0 Branch, III, Margaret L. Eure, William W. Harrison, Jr, Harold Hetschober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker and A. M "Don" Weeks Council Members Voting Nay: None Council Members Abstaining' Vice Mayor William D. Sessoms, Jr. and Reba S. McClanan' Council Members Absent: None Vtce Mayor Sessoms and Councd Lady McClanan ABSTAINED as they were not in attendance durtng the City Counctl Session of March 30, 1999 Aprtl 6, 1999 Item VI-G. - 21 - AGENDA FOR FORMAL SESSION ITEM # 44815 BY CONSENSUS, C~ty Councd ADOPTED: AGENDA FOR THE FORMAL SESSION Aprd 6, 1999 Item VI-tt/I - 22 - RES OL UTIONS/ORDINANCES ITEM # 44816 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Jones, Ctty Councd APPROVED IN ONE MOTION, Resolutions 1 and 2 and Ordinances 1, 3, 4, 5, 6 and 7 (AS REVISED) of the CONSENT AGENDA Item 7 was REVISED, BY CONSENT Vottng: 11-0 Council Members Voting Aye' Linwood O. Branch, III, Margaret L. Eure, Willtam W. Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and A M "Don" Weeks Counctl Members Voting Nay: None Counctl Members Absent. None April 6, 1999 Item VI-H. 1. - 23 - RESOLUTION ITEM # 44817 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, Czty Council ADOPTED: Resolution to request the Virginia General Assembly, at their meeting on Aprtl 7, 1999, restore the $375,000, removed by Governor Gtlmore, from the Commonwealth's 1998/2000 Btenntal Budget. (Sponsored by Mayor Meyera E. Oberndor:O a. $250,000 for the Virgtnia Marine Science Museum b $125,000for the Contemporary Art Center of Vtrgtnta Voting 11-0 (By Consent) Council Members Vottng Aye' Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A M "Don" Weeks Council Members Voting Nay. None Council Members Absent' None April 6, 1999 Requested by Mayor Meyera E. Oberndorf RESOLUTION REQUESTING THE VIRGINIA GENERAL ASSEMBLY RESTORE FUNDS APPROPRIATED BY THE 1999 GENERAL ASSEMBLY TO THE VIRGINIA MARINE SCIENCE MUSEUM AND THE CONTEMPORARY ART CENTER OF VIRGINIA THAT WERE REMOVED BY GOVERNOR GILMORE. WHEREAS, the 1999 Virginia General Assembly approved an additional $500,000 for the Virgmnia Marine Science Museum and $250,000 for the Contemporary Art Center of Virginia; and WHEREAS, half of each of these appropriations were to be made available to the institutions as soon as the budget was finalized after the "Reconvened Session" in April; and WHEREAS, half of each institution's appropriation was to become avamlable in August, assumzng state revenues continued to be realized as projected; and WHEREAS, the revenues contznue to flow into the Commonwealth at an unprecedented rate; and WHEREAS, Governor Gilmore has disallowed, from the adopted budget, the $250,000 approprmated for the Marine Science Museum and the $125,000 appropriated for the Contemporary Art Center of Virginia that was to be made available to the institutions in August; NOW, THEREFORE, BE IT RESOLVED by the Virginia Beach City Council that the General Assembly Delegation representing the C~ty of Virgmnia Beach is requested to have $250,000 for the Virginia Marine Science Museum and $125,000 for the Contemporary Art Center of Virginia restored to the Commonwealth's 1998/2000 Biennial Budget during the reconvened sessmon of the 1999 General Assembly Session meeting on April 7, 1999. Adopted by the City Council of the City of Virginia Beach, Vzrginia on the 6th day of April , 1999. Item VI-H.2. - 24 - RESOLUTION ITEM # 44818 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, Ctty Counctl ADOPTED. Resolution re TRANSFER of the Virginia Beach Cable Television Franchise from Coxcom, Inc, to Cox Communications Hampton Roads, L.L.C, subject to compliance wtthtn stxty (60) days of the effective date of this resolution. Voting' 11-0 (By ConsenO Counctl Members Voting.dye' Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr and A M. "Don" Weeks Counctl Members Vottng Nay None Council Members Absent' None .dprtl 6, 1999 A RESOLUTION APPROVING THE TRANSFER OF THE CITY'S CABLE TELEVISION FRANCHISE FROM COXCOM, INC. TO COX COMMUNICATIONS HAMPTON ROADS, L.L.C. WHEREAS, by ordinance adopted on May 7, 1991, and 6 entitled ~City of Virginia Beach Cable Television Franchise 7 Ordinance for Cox Cable Virginia Beach, Inc.," the City granted a 8 franchise (the ~Franchise") to Cox Cable Virginia Beach, Inc. to 9 operate a cable television system (the ~Cable System") within the 10 City; and 11 WHEREAS, Cox Cable Virginia Beach, Inc. is a wholly-owned 12 subsidiary of Cox Communications, Inc.; and 13 WHEREAS, by resolution adopted on January 28, 1997, the 14 City Council approved the transfer of the Franchise from Cox Cable 15 Virginia Beach, Inc. to CoxCom, Inc. upon the condition that 16 CoxCom, Inc. execute an acceptance agreement by which it agreed to 17 accept, and be bound by, all of the requirements of the Franchise, 18 and upon the further condition that Cox Communications, Inc. 19 execute a corporate guaranty agreeing to guarantee prompt and 20 satisfactory compliance by CoxCom, Inc. with all of the 21 requirements of the Franchise; and 22 WHEREAS, aforesaid conditions of transfer of the 23 Franchise have been complied with; and 24 WHEREAS, Cox Communications, Inc. is in the process of 25 consolidating its several subsidiaries in order to improve 26 operational efficiency and to simplify its organizational 27 structure, and to that end, has requested that the City approve the 28 transfer of the Franchise from CoxCom, Inc., the present holder of 29 the Franchise, to Cox Communications Hampton Roads, L.L.C.; and 30 WHEREAS, the transfer of the Franchise from CoxCom, Inc. 31 to Cox Communications Hampton Roads, L.L.C. will not involve a 32 change in the ownership of the Cable System serving Virginia Beach 33 and will not result in a change in the management or operation of 34 the Cable System, inasmuch as CoxCom, Inc. is the sole member of 35 Cox Communications Hampton Roads, L.L.C.; 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 That the City Council hereby consents to and approves the 39 transfer of the Virginia Beach Cable Television Franchise from 40 CoxCom. Inc. to Cox Communications Hampton Roads, L.L.C., subject 41 to compliance by Cox Communications Hampton Roads, L.L.C. and Cox 42 Communication, Inc. with the following conditions within sixty (60) 43 days of the date of adoption of this Resolution: 44 1. That Cox Communications Hampton Roads, L.L.C. 45 execute an agreement, in a form acceptable to the City Attorney, by 46 which Cox Communications Hampton Roads, L.L.C. agrees to accept, 47 and be bound by, all of the terms and conditions of the Franchise, 48 including, without limitation, the provisions of Sections 10.02 49 (Performance Bond) and 10.03 (Letter of Credit) of the Franchise; 50 2. That Cox Communications, Inc. execute a corporate 51 guaranty, in form acceptable to the City Attorney, by which Cox 52 Communications, Inc. guarantees prompt and satisfactory compliance 53 by Cox Communications Hampton Roads, L.L.C. with all of the terms 54 and conditions of the Franchise; and 55 3. That Cox Communications Hampton Roads, L.L.C. notify 56 the City Attorney, in writing, of the completion of the 57 contemplated reorganization pursuant to which the assets of CoxCom, 58 Inc. and the Franchise are assigned to Cox Communications Hampton 59 Roads, L.L.C., and file with the City Attorney a copy of the deed, 60 agreement, mortgage, lease or other written instrument evidencing 61 such assignment. 62 Adopted by the Council of the City of Virginia Beach, 63 Virginia, on the Sixthday of April , 1999. 64 65 66 67 CA-98-7235 wmm~ ordres \ coxfranchi setransf er. orn R-1 March 15, 1999 68 APPROVED AS TO CONTENT: 69 70 71 72 73 74 75 APPROVED AS TO LEGAL Department of Law Item VI-I. 1. - 25 - ORDINANCES ITEM # 44819 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to AMEND Section 38-3 of the City Code by ADDING a provision allowmg the discharge of muzzleloading rifles under certain condittons. (re Vtrgima Department of Inland Game and F~shertes) Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wilham D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay' None Counctl Members Absent' None April 6, 1999 AN ORDINANCE TO AMEND SECTION 38-3 OF THE CITY CODE BY ADDING A PROVISION ALLOWING THE DISCHARGE OF MUZZLELOADING RIFLES UNDER CERTAIN CONDITIONS SECTION AMENDED: § 38-3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 38-3 of the City Code is hereby amended and 9 reordained, and shall read as follows: 10 Sec. 38-3. Discharge of firearms, air guns, etc. 11 (a) It shall be unlawful for any person to discharge any 12 firearm, spring-propelled rifle or pistol or air-propelled rifle or 13 pistol, from or across any land or water north or west of the trace 14 of the line beginning at the intersection of North Landing Road and 15 the Chesapeake-Virginia Beach city boundary line; thence 16 northwardly along North Landing Road to Indian River Road; thence 17 eastwardly along Indian River Road to New Bridge Road; thence 18 northeastwardly along New Bridge Road to Sandbridge Road, thence 19 eastwardly along Sandbridge Road to its intersection with the 20 Atlantic Ocean, or across any land north of False Cape State Park 21 and east of Shipps Bay and Point Creek. This prohibition shall not 22 apply to shotguns discharging pellets under the following 23 conditions: 24 (1) On land that is fifty (50) acres or more of contiguous 25 area, or less than fifty (50) acres of contiguous area 26 south of the trace of the line beginning at the 27 intersection of Elbow Road and the Chesapeake-Virginia 28 Beach city boundary line; thence northeastwardly along 29 Elbow Road to Salem Road; thence southeastwardly along 30 Salem Road to North Landstown Road; thence 31 northeastwardly along Landstown Road to Princess Anne 32 Road; thence southeastwardly along Princess Anne road to 33 Sandbridge Road; thence eastwardly along Sandbridge Road 34 to its intersection with the Atlantic Ocean; and 35 (2) Under one (1) ownership; and 36 (3) Used primarily for agricultural purposes; and 37 (4) The landowner has applied for an annual permit from the 38 city manager to use his property for this purpose, which 39 permit shall be granted by the city manager if the 40 applicant meets the requirements of this section; and 41 (5) The person discharging a shotgun as herein set forth 42 shall, at all times while engaged in such activity, have 43 in his possession written permission from the landowner 44 to discharge such weapon on the premises; and 45 46 ~ ......... , ~J~g,~,,~ ~ permit i~sued aftc~ that d~c 47 shall expire on the next June 30 after the date of 48 issuance. 49 (b) Notwithstanding the provisions of subsection (a) (4) 50 above, no permit shall be issued to a landowner if it is determined 51 by the city manager or his duly authorized agent that the issuance 52 of such permit would be detrimental to the public safety, and any 53 permit that has been issued and is in effect may be revoked by the 54 city manager if it is determined by the city manager or his duly 55 authorized agent that conditions have changed since the date of 56 issuance of the permit that cause the continued use of the land for 57 the permitted purpose to be detrimental to the public safety. 58 (c) It shall be lawful to discharge firearms of ~22-caliber 59 or less south of the trace line enumerated in subsection (a) 60 subject to the provisions of this section. It shall be unlawful to 61 discharge any firearms greater than ~22-caliber any place wmthzn 62 the city; provided, however, that muzzleloadinq rifles usinq a 63 charqe of black powder or black powder equivalent may be used to 64 hunt deer during the open season prescribed therefor by the 65 Department of Game and Inland Fisheries south of the trace of the 66 line described in subsection (a) (1). For purposes of this section, 67 a muzzleloadinq rifle shall mean a sinqle-shot flintlock or 68 percussion rifle, .45 caliber or larqer, firing a sinqle lead 69 projectile or sabot with a .38 caliber or larqer nonjacketed lead 70 projectile of the same caliber loaded from the muzzle of the weapon 71 and propelled by at least fifty (50) grains of black powder or 72 black powder equivalent. 73 (d) Notwithstanding any other provisions of this section, it 74 shall be unlawful for any person to discharge any firearm, 75 spring-propelled rifle or pistol, or air-propelled rifle or pistol 76 from, on, across or within one hundred fifty (150) yards of any 77 building, dwelling, street, sidewalk, alley, roadway or public land 78 or public place within the city limits. 79 (e) The prohibitions of this section shall not apply to the 80 operation of a shooting event that is sponsored by an organmzed 81 group, provided, the written approval of the chief of police as to 82 the safety and location of the event is obtained prmor to the 83 event. 84 (f) Nothing in this section shall be construed to prohibit 85 the discharge of firearms and other weapons by law enforcement 86 agencies and military forces in the city as part of authorized 87 training or in the performance of their duties. 88 (g) A violation of any provision of this section shall 89 constitute a Class 1 misdemeanor. 9O 91 92 93 94 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: The City Clerk is hereby directed forthwith to send a certified copy of this Ordinance, by registered mail, to the Director of the Department of Game and Inland Fisheries. 95 96 97 98 99 100 101 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th day of April, 1999. CA-7301 wmm/ordres/38-003.ord R-3 March 31, 1999 Item VIJ.2. - 26- ORDINANCES ITEM # 44820 Richard L Grimstead, 411 15tn Street, Phone' 425-5309, represented the North Lake Holly Ctvtc League Mr Grimstead presented petittons opposing the planting of any vegetatton tn North Lake Holly open water and photographs. Said petitions and photographs are hereby made a part of the record Upon motion by Councilman Branch, seconded by Vtce Mayor Sessoms, City Counctl ADOPTED: Ordinance to ACCEPTandAPPROPRIATE a $176,571 Grant from the Virgtma Department of Conservation and Recreatton's Water Quahty Improvement Fund to the North Lake Holly Watershed Capttal Project (#7-005) re provtding storm drainage system tmprovements, authorize City Manager to execute Grant Agreement g80934-99-6 of the Water Quahty Improvement Act of 1997; and, estimated revenue from the state government be increased accordingly Voting: 10-1 Council Members Voting Aye: Ltnwood O. Branch, III, Margaret L. Eure, William W Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent' None April 6, 1999 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $176,571 FROM THE STATE DEPARTMENT OF CONSERVATION AND RECREATION'S WATER QUALITY IMPROVEMENT FUND TO CAPITAL PROJECT # 7-005, NORTH LAKE HOLLY WATERSHED, FOR THE PURPOSE OF PROVIDING STORM DRAINAGE SYSTEM IMPROVEMENTS 10 WHEREAS, Capital Project # 7-005, North Lake Holly 11 Watershed, is included in the FY 1998-99 Capital Improvement 12 Program for the study, design and construction of a storm drainage 13 system with an adequate level of service that will also reduce the 14 probability of water quality degradation to downstream receiving 15 waters; 16 WHEREAS, th~s type of water quality improvement project 17 is usually funded solely by the City; and 18 WHEREAS, a grant in the amount of $176,571 is available 19 from the State Department of Conservation and Recreation's Water 20 Quality Improvement Fund to match the City's costs for lake 21 improvements. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 1. That a grant in the amount of $176,571 is hereby 25 accepted from the State Department of Conservation and Recreation's 26 Water Quality Improvement Fund and appropriated to Capital Project 27 # 7-005, North Lake Holly Watershed, for the purpose of providing 28 storm drainage system Improvements that will reduce the probability 29 and impact of storm water flooding. 3O 2. That estimated revenue from the state government is 31 hereby increased in the amount of $ 176,571. 32 3. That the City Manager zs hereby authorized to execute 33 Water Quality Improvement Act of 1997 Grant Agreement #80934-99-6, 34 which sets forth the condition of the grant. 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on the 6 day of April , 1999. 37 38 Requires an affirmative vote by a majority of the members of City Council. 39 4O 41 42 CA-7291 ORDIN/STORMWTR . ORD R-3 Prepared: March 15, 1999 43 44 45 APPROVED AS TO CONTENT: Management Serenades 46 APPROVED AS TO LEGAL SUFFICIENCY: 47 48 Department of Law Gr~nt Agrecmen~ ~ S09~J,-90-6 Pagc I COMMONWEALTH OF VIRGINIA 80934-99-6 Water Quality Improvement Act of 1997 Grant Agreement- FY1999 Th~s Agreement is made this day of ., 1999, by and between the Commonwealth of V~rgtma, Department of Conservation and Recreauon, hereinafter called the "Grantor," and C~ty of Vu'gm~a Beach, hereinafter called the "Grantee." Pursuant to the Virginia Water Quality Improvement Act of 1997, Chapter 21.1, Title 10.1 of the Code of Virgmm (I 950), as amended (the "Act"), the General Assembly created the "Virginia Water Quahty Improvement Fund" (the "Fund") The Dtrector of the Department of Conservanon and Recreauon (the "Grantor") subject to avatlable funds and tn coordtnanon wzth the Dtrector ofthe Department ofEnvtronmental Quahty, ns authorized by the Act to cttrect the State Treasurer to make Water Quahty Improvement Grants in accordance with the gmdelmes establtshed pursuant to secuon 10.1-2129 of the Code The parnes to this agreement, m consideration of the mutual covenants and snpulanons set out heretn, agree as follows (1) ~ OF/,S~: The Grantee shall provide the services to the Grantor set forth tn Attachment A dehverables shall conform to accepted standards and practices. The Grantee shall provide the Grantor with quarterly reports and a ftnal report on the progress of work as set forth Attachment A. The quarterly reports and final report shall contatn the following components: (1) schedule of specific project tasks wzth target complenon dates and actual complenon dates m Attachment C; (2) a narranve descnbtng tn &taft the progress of the Grantee m fulfilling the provisions of Attachment A of' th~s agreement; (3) nonpomt source pollunon reducnon tracking data as specified m Attachment D; and (4) a financial summary, Attachment B, Pro3ect Financial Report, w~uch ~temazes the expenses recurred by the Grantee, including separate columns for the Grantor's and Grantee's contn'bunons to the total cost of services These reports shall be certified as being tree and accurate. (2) ~ OF pERFORMANCE: The services of the Grantee shall commence upon the sigmng of th:s agreement and terminate on the two.year anniversary unless otherwxse altered through provmons of th~ Agreement or extended by written authorization ofthe Grantor. All time linuts stated arc of the essence of this agreement. (3) COMPENSATION: The total grant award fi.om the Grantor xs $176.571.0~). The Grantee shall provide $176.571 00 as the match for the total grant award. This match shall be certified and documented (vm suppornng ~nformanon) by the Grantee as having been used for the purposes provided for m Attachment A. The Grantor shall release the grant award to the Grantee on a cost-retmburscment basis upon receipt and approval of the Grantee's quaxtcrly and final reports and dehverables as required by this agreement. A ~mlrnum of 25% ora grantee's total grant allotment may be hcld until the final grant report and any pertinent t-mai grant dehverables have been received and approved by the Grantor. Any cost ovemms tncuned by the Grantee during the tune ofpefformance shall be the responsibility of the Grantee. The following acknowledgment of financial assistance must be included on the t~tle or cover page of all reports, studies or other documents and maps supported tn whole or tn part by this award: "This (fill tn ttem) was.funded, in part, by a grant from the gtrgtnta Water Quality Improvement Fund" (4) ASSISTANCE: Thc Grantor agrees upon request of the Grantee to fum~h, or othervase make available to the Grantee, cop~es of ex~stmg non-proprietary matenah tn the possession of the Grantor that are reasonably related to the subject matter of this agreement and are necessary to the Grantee for complenon of ~ts performance under th~s agreement. Grant Agreement # $093a-99-6 Page 2 (5) ~ pROVISIONS: Nothing m tim agreement shall be construed as authority for ezther party to make comn'utments which will brad the other party beyond the Scope of Services contained hereto. (6) ,~,VAILABILITY OF FUNDS: It is understood and agreed between the pames hereto that the Grantor shall be bound hereunder only to the extent of the funds avail,Ne or which may hereafter become ay:liable for the purpose of fins Agreement (7) ~R. EATION OF IN'I~.I-LECTUAL PROPERTY: All copyrightable material created pursuant to thxs agreement shall be considered work made for hire and shall belong exclusively to the Commonwealth of Vu'gima. Neither party intends any copyrightable material created pursuant to this agreement, together with any other copyrightable material wzth which ~t may be combined or used, to be a "joint work" under the copyright laws. If any copyrightable material created pursuant to this agreement cannot be deemed work made for hire or ~s deemed pan of a joint work, the Crmntee agrees to irrevocably assign, and does hereby u-revocably assign, its entire cop)might interest m such material or work to the Commonwealth and shall execute and dehver such further documents as the Commonwealth may reasonably request for the purpose of aclmowledgmg or implementing such assignment The Grantee warrants that no individual, other than regnlar employees of the Grantee or Commonwealth working wzthm the scope of their employment, shall pamc~pate m the creanon of any copyrightable material to be dehvered under fins agreement, unless such individual and his or her employer, if any, have signed an intellectual property agreement satisfactory to the Grantor before commencing such parucipanon. A copyright notice shall be placed in an appropriate locauon on any copyrightable matenal being distributed or published Such nonce shall include (1) either the symbol "~", the word "Copyright", or the abbrewanon "Copt ", (2) the year of first publication; and (3) the name of the copyright owner (the Commonwealth of Virgmm). Ttus mformanon shall be followed by the words, "All rights reserved." The Commonwealth shall have all fight-~, rifle and interest in or to any invention reduced to practice pursuant to fins agreement. The Grantee shall not patent any invention conceived in the course of performing this agreement. The Grantee hereby agrees that, notwithstanding anything else in flus agreement, m the event of any breach of fins agreement by the Grantor, the Grantee's remedy shall not include any fight to rescind or otherwise revoke or invalidate the provmons ofttm Section. Similarly, no termmanon of tins agreement by the Grantor shall have the effect ofrescmdzng the provisions of this Secfiom (8) INTEGRATION AND MODIFICATION: The Yirgtnia Water Quahty Improvement. Act, the Gutdehnes for FY99 and the Apphcation Form with supporting documents agreed to by the Grantee and the Grantor are hereby incorporated into this contract by rffexencc. This contract constitutes the enm'e agreement between the Grantee and the Grantor. No alteranon, amendment or modification in the provisions of this agreement shall be effecnve unless ~t is reduced to writing, s~gned by the paints and attached hereto. (9) TERMINATION: Ia the event ofbreach by the Grantee of this agreement, the Grantor shall have the right unmechately to rescind, revoke or terminate the agreement. In thc altemanve the Grantor may give written nonce to the Grantee speckling the wanner m winch the agreement has been breached. Ifa nonce ofbreach is g~ven and the Grantee has not substannally corrected the breach within sixty (60) days ofrecelpt of the written notice, the Grantor shall have the right to terminate this agreement The Grantee shall be paid for no service rendered or expense recurred after receipt of nonce of terrmnanon except such fees and expem~ recurred prior to the effecnve date of terrmnanon that are necessary for curtai~cnt of its work under t~s agreement. In the event of rescission, revocanon or termination, all documents and other materials related to the performance of tiffs agreement shall become the property of the Commonwealth of V~rguua. ( I 0) COLLATERAL l~l~l~.~i: Where there exasts any inconsistency between this agreement and other provisions of collateral contractual agreements which are made a part of fins agreement by reference or otherwzse, the prows~ons of tlus agreement shall conn-oL (11) NON-DISCRIMINATION: Funds issued to the Grantee by the Grantor for best management pracuce mstallanons must be made available to all eligible landowners or land rnauagers regardless of race, color, rehgion, sex, age, nanonal origin, hanchcap or political affiliation. Pa~e 3 During the performance of th~s agreement, the Grantee agrees that ~t will not chscnmmate against any employee or applicant for employment because of race, rehg~on, color, sex or nanonal origin, except where rehg~on, sex or nauonal ong~n ~s a bona fide occupanonal qualification reasonably necessary to the normal operauon of the Grantee. The Grantee agrees to post m conspicuous places, available to employees and apphcants for employment, nouces senmg forth the prov~sions of this nondiscnmmanon clause. The Grantee shall, in all sohcitauons or adverusements for employees placed by or on behalf of the Grantee, state that such Grantee is an equal opponumty employer; provided, however, that notices, advernsements and sohc~tatmns placed m accordance with federal law, rule or regulanon shall be deemed sufficient for the purpose of meenng the requirements of this contract. The Grantee shall include the provis~ons of the foregoing paragraphs in every subcontract or purchase order of over ten thousand dollars, so that such prov~smns wall be binding upon each subcon~ctor or vendor. (12) APPLICABLE LAWS. Tins agreement shall be governed m all respects, whether as to vahd~ty, construcuon, capacity, performance or otherwise, by the laws of the Commonwealth of Vtrgxm:,. (13) SEVERABIL1TY: Each paragraph and provismn oftl'as agreement is severable from the enure agreement, and if anx provts~on ~s declared invalid, the remaining provisions shall nevertheless remain m effect. (14) CONTINGENT FEE ~: The Grantee warrants that It has not employed or retained any person or pc,. for the purpose ofsoltciting or securing tim agreement. The Grantee further warrants that it has not paid or agreed to pax company or person any fee, comrmssion, percentage, brokerage fee, gift, or any other cons~deranon, contingent upon thc ax:. or making of this agreement. For breach of one or both of the foregoing warrannes, the Grantor shall have the right t, temunate this agreement without liability, or, m its chscrenon, to deduct from the agreed fee, payment or consideration, or otherwise recover, the full amount of said proh~bited fee, comnuss~on, percentage, brokerage fee, gift, or conungent fee (15) .C,,.Q.I::[I~,J,.~ OF []:~]]~r,,][~S~: The Grantee warrants that ~t has fully comphed w~th the State and Local Government Conflict of Interests Act. (16) ~ J[F,!F,Q,][[~ 3VArLABILITY. The Grantee agrees to ream all books, records, and other documents re~anve to tim agreement for five (5) years after final payment, or until auchted by the Commonwealth of' Vu'gm~a, whichever ~s earher. The Grantor, its authorized agents, and/or State auchtors shall have full access to and the right to examine any of said materials during said period. (17) MATCIEING FUNDS: Th~ agreement xs contingent upon cash and m-kind contn'bunons by the Grantee to the project to match at least 50 % of the total project amount agreed to by the Or~tor. Matching contnbunons, both m cash and in kind, must reflect expenses directly related to the Lmplementafion of tim project. Such contnbunons must be approved m writing by the Grantor prior to commencement of any of the work described on Attachment A. The decision of the Grantor with respect to such approval shall be final. (18) DOCUMENTS: The Grantee may retam any reports, studies, photographs, negatives, or other documents prepared by the Grantee in ti~ peffomance oflts obligations under this contract and not requzred to be dehvered to the Grantor The Grantor shall have th~ copyright to all such materials, and unhrmted rights to use any such materials Where necessary for the Grantor's full enjoyment of its copyrights and other rights referenced m this agreement, the Grantee shall provide a clear, reproducible copy of such materials (machine readable upon request) to th~ Grantor. (19) OUALTTY ASSURANCE/OUALITY CONTROL PRO/IECT PLAN.g: Within s~xty (60) days of the effecnve date of this agreement and if required m Attachment A of th~s agreement, the Grantee will subnut to the Grantor for review and approval a Quality Assurance/Quality Control Project Plan. No water quahty momtonng act:vities shall be mmated until the Quality Assurance/Quality Control Project Plan has been approved by DCIL The Grantee shall unplement the approved Quahty Assurance/Quality Control Project Plan m performing envu'onmental monitoring activities. (20) ~ ]~[~~: If at any amc the Grantee detenmnes that it is unable to comply w~th any prov~sion of th~s Agreement, the Grantee will promptly provide written notificanon to the Grantor. This notificanon will ~nclude a statement of the reasons for failure to comply, any acnons to be taken to secure compliance and an esnmate of the nme necessary to regain compliance. The Grantee may assert and it shall be a defense to any action by the Grantor to collect snpulated penalnes or otherwise secure lX:ffonxmnce of this Agreement that the alleged failure to comply was due to cxrcumstances beyond the Grant Agreement ~ 809~4-90-6 Page 4 control of the Grantee. (21) ~ AND MAINTENANCE: Within sixty (60) days of the effecnve date of this Agreement, the Grantee will subnnt to the Grantor for review and approval an operanon and maintenance plan for the project. The Grantee will operate and maintain the project, or secure the operanon and maintenance of the project through landowner agreements, m a manner consistent with the plan as approved by the Grantor. (22) ENFORCEMENT: For nonpoint source best management pracnce mstallanons funded through fins Agreement, w~thm ninety (90) days of receipt of written demand from the Grantor, the Grantee shall repay an amount, on a straight line pro-rated basis, of thc WQIA Funds used for the mstallauon, for noncompliance wnh Secuon (21) QPERATION AND MAINTENANCE. unless the Grantee asserts a defense afforded It under this Agreement. Within stxty (60) days of receipt of written demand from the Grantor, the Grantee shall pay a snpulated penalty in the amount orS1,000 OR 15%, whichever is greater, of the total award for any of the conchtions as set forda m thts Agreement, including fadure to meet the final deadline or noncompliance with the Scope of Work unless the Grantee asserts a defense afforded It under this Agreement. Repayments and supulated penalties will be paid into the State Treasury and credited to the Fund. The Grantor's right to collect repayments and snpulated penalties does not affect m any way the Grantor's right to secure specific performance of the Agreement using such other legal remedies as may otherwise be available. IN WITNESS THEREOF the parties have caused the agreement to be executed by the following duly authorized officials. Grantee Grantor CITY OF VntGINIA BEACH DEPARTMENT OF CONSERVATION AND RECREATION By: By: Title: David G. Bnckley, Director Date: Date: ?,PPP. OVED AS TO i~__ i_~~'_ SUFF_ ICl~~. "2;'~ ',;T':2~',: ' ATTACHMENT A 80934-99-6 SCOPE OF WORK North Lake Holly Watershed- 080934-99-6 I. SCOPE OF SERVICES The City of Virginia Beach proposes to alleviate flooding impacts, to improve water quality, and to enhance the quality of life in the North Lake Holly Watershed, an area encompassed by 19th Street, Pacific Avenue, Norfolk Avenue and Parks Avenue. The total watershed area is approximately 220 acres comprised of 45-percent residential, 33-percent resort, 11-percent apartment, 2-percent industrial and 9-percent lake. The watershed is currently zoned to ultimate conditions and very few parcels remain undeveloped. The overall proposed project includes replacement and improvement of storm sewer pipes, creation of sustainable wetlands, construction of forebays at pipe out£alls, construction of upstream dry detention basins, installation of oil/grit separators, integration of adjacent lake water bodies and reduction of impervious areas. The reduction of sediment loading along with an adjustment of the ratios of high marsh/low marsh/open water will reduce the amount of suspended sediments and allow a healthy ecosystem to be established in the lake. Specifically, the proposed work partially financed by the Water Quality Improvement Fund of 1999, consists of creation of fringe wetlands and construction of forebays for sediment deposition at the eastern branch and northern branch of North Lake Holly. The northern branch drains approximately 72 acres of mixed residential/commercial land use. The proposed work includes the installation of two (2) forebays adjacent to city streets, lake slope regrading, planting approximately 1/4-acre of shallow wetland species plants and planting approximately one (1) acre of deep wetland species plants. A canoe launch and an elementary level interpretive program will be included with the water quality improvements. The eastern branch drains approximately 18 acres intense commercial land use. The proposed work includes the installation of two (2) forebays adjacent to city streets, lake slope regrading, planting approximately 1/4 acre of shallow wetland species plants and planting approximately l-I/4 acres of deep wetland species plants. Failure to make acceptable progress on grant activities for two consecutive quarters may result in the forfeiture of the grant allocation. II. Budget The Grantee shall spend the funds according to the specified categories in the approved budget, Attachment B, Project Financial Report. Shi~ in funds among budget categories beyond 10% in any category must have the written approval of the Grantor prior to expenditure. Each request for reimbursement shall include a project financial report. II I Total Project Cost Personnel Contractual $ 353,142 WQIA Funds $ 4,414 $18,257 Consmacuon $130,946 Other Dtrect 522,954 Total $176,571 Match Personnel $ 4,414 Contractual $18,257 Construction $130,946 Other D~reet $22,954 Total $176,571 III. Schedule Quarterly Report 1 Quarterly Report 2 Quarterly Report 3 Quarterly Report 4 Quarterly Report 5 Quarterly Report 6 Quarterly Report 7 Quarterly Report 8 (Effective Date of GA - 3/31/99) due to Grantor (04/01/99 - 06/30/99) due to Grantor (07/01/99 - 09/30/99) due to Grantor (10/01/99- 12/31/99) due to Grantor (01/01/00- 03/31/00) due to Grantor (04/01/00 - 06/30/00) due to Grantor (07/01/00 - 09/30/00) due to Grantor (10/01/00- 12/31/00) due to Grantor Quarterly Report 9 (01/01/01 - Termination of GA) and Final Report due to Grantor within 30 days of termination date 04/15/99 07/15/99 10/15/99 01/15/00 04/15/00 07/15/00 10/15/00 01/15/01 The quarterly reports shall contain a summary of progress and activities for each deliverable described in Attachment C, and should indicate any problems and suggested soluuons for meeting the deliverables. The quarterly report should also include quarterly funds expenditure ~nformation, project financial report - Attac~ent B, for reimbursement as appropriate and contain a completed NI:'S pollution tracking data form - Attachment D. The Final Project Report, due to the Grantor within 30 days after the Agreement terminates, shall describe the accomplishments and activities during the grant agreement period and shall summarize all project accomplishments, expenditures, and matching contributions IV. Deliverables The Grantee shall accomplish the activities listed and adhere to the schedule as described in Attachment C. In addition, the Grantee shall report installation of best management practices and other pollution reduction measures as directed on Attachment D. Quarterly submittal of the tracking forms shall be a component of the deliverable schedule. Grantee: Contact Person: Mad~ng Address COMMONWEALTH OF VIRGINIA Department of Conservation and Recreation Water Quality Improvement Act of 1997 Project Financial Report Grant Agreement Number, 80934-99-6 City of Vir~l~nia Beach Mr. Mark Johnson, P.E. Dept. Of Public Works, Municipal Center Invoice Payable To: Telephone Number: Ci~ of VA Beach (757)427-4131 Virginia Beach, VA 23456-9031 Project Title: Reporbng Qtr Dates: ii WQIA Funds North Lake Holl~/Watershed (be,o, innin,q) Budget Personnel $4,414 Fnnge $0 Travel $0 Equipment $0 Supphes $0 Contractual $18,257 Construction $130,946 Other D~rect $22,954 TOTAL $176,571 Match Funds Budget Personnel $4,414 Fnnge $0 Travel $0 Equipment $0 Supphes $0 Contractual $18,257 Construction $130,946 Other D~rect $22,954 Indirect $0 TOTAL $176,571 Current Expenditures Current Expenditures (closin,cj) Cumulative Expenditures Cumulative Expenditures Unexpended Balance Unexpended Balance Total Reimbursement Request Authorized Signature: Date: Policy Report for North Lake Holly Watershed Project Grant Agreement- CIP 7-005 BACKGROUND: The North Lake Holly Watershed Project first appeared in the FY 97-98 Capital Improvement Program for the purpose of study, design and construction of adequate drainage systems within the North Lake Holly Watershed which is generally bounded by Virginia Beach Boulevard to the North, Cypress Avenue to the West, Norfolk Avenue to the South and Pacific Avenue to the East. The existing neighborhood experiences continual storm water flooding impacts to the existing street system and public/private properties. In addition, North Lake Holly serves as a storm water management facility and protects Rudee Inlet. This project will provide a storm drainage system with an adequate level of service and reduce the probability of water quality degradation to the downstream receiving waters. During the preliminary drainage study phase of this project, the city applied to the Virginia Department of Conservation and Recreation (DCR) for a grant from the Water Quality Improvement Fund (WQIF) to match the city's cost for the lake improvements. As a result, the city was awarded a WQIF grant in the amount of $176,571 00 for the construction of the Forebays located in the north, west and east fingers of the lake. IDENTIFICATION OF THE ISSUE: The city is required to enter into a grant agreement with the State in order to receive the identified WQIF grant funding. City Council action is required to authorize the city manager to execute this grant agreement and future grant agreements on behalf of the city The city will be applying for future WQIF grant funding for this project DISCUSSIONS AND CONSIDERATIONS: This proposed WQIF grant and potential future WQIF grants will offset water quality improvement costs within the project scope that are usually funded 100% by the city This will allow limited storm water funds be devoted to drainage improvements within the watershed The improvements recommended by the project drainage study will improve the storm drainage level of service and minimize both roadway and current structure flooding experienced and improve the environmental ecosystem of the lake, thus improving the overall quality physical environment of our citizens and stakeholders within this watershed. The North Lake Holly Project is scheduled to complete design by August 2000 with construction beginning October 2000 to May 2002. The estimated total project cost is $5,021,260 The lake improvement costs are estimated at $722,209. The project is currently on schedule Policy Report - North Lake Holly Watershed Project - Grant Agreement CIP 7-005 Page 2 RECOMMENDATIONS: It is recommended that the City Council approve an ordinance which authorizes the city manager to execute the City/State Agreement for acceptance of the Water Quality Improvement Fund grant in the amoum of $176,571.00 for the North Lake Holly Watershed Improvement Project and any future grants which may be awarded by the Commonwealth of Virginia to the city for the North Lake Holly Watershed Improvement Project CIP 7-005. Report Prepared By: /l~ivil Engineer'- I~fe Manager Date: ~h~l~¥ James S Gilmore, Ill Governor John Paul Woodley, Jr Secretary of Natural Resources COMMONWEALTH o[ VIRC4INIA DEPARTMENT OF CONSERVATION AND RECREATION 203 Governor Street, Sutte 206 Rtchmond. }qrgtma 23219-2094 Phone (804) 786-2064 F,4X (804) 786-1798 TDD (804) 786-2121 December 14, 1998 David G. Bnckley D~rector Mr. Mark Johnson C~ty of V~rg~ma Beach Mumc~pal Building V~rglma Beach, VA 23456-9031 Dear Mr. Johnson: You are recmwng th~s letter to acknowledge that the grant application, "North Lake Holly Watershed," has been selected to rece:ve a Water Quahty Improvement Fund (WQIF) grant. The amount of WQIF funds to be awarded will be $176,571. The hst of proposed grant awards has to be pubhc notmed for at least 30 days. The hst will appear in The Vtrgtnta Regzster on December 21 and the comment period will close on January 22. After that period, we will be able to begin s~gning grant agreements. A copy of the proposed hst of grant awards and a cover memorandum from Mr. Bnckley ~s enclosed. In early January, you can expect to be contacted by a project manager assigned to your particular project. Prior to a grant agreement being s~gned w~th DCR; you and the project manger will need to discuss the workplan, budget, project dehverables and completion dates. During the remew of the grant apphcat~ons a number of comments were provided by techmcal staff and the Grant Review Committee. These will be shared and d~scussed w~th you, as apphcable. An abbrewated Scope of Work and project milestones with target compleuon dates must be prepared and Incorporated as attachments to the grant agreement. We will beg~n s~gmng grant agreements in late January after the pubhc comment period closes. In the ~ntenm, until you are contacted by a project manager, ~fyou have questions please feel free to contact me at 804/371-8984. Congratulauons on being a successful candidate for a grant award. We look forward to working w~th you and others ~n ~mplement~ng your project. Attachment cc: Rick Hill Stu Wilson Erme Brown S~ncerely, Charles A. Lunsford WQIA Program Manager Agency of the Natural Resources Secretariat James S. Gilmore. III Governor John Paul Woodley, Jr. Secretary of Natural Resources COMMONWEALTH of VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION 203 C-mernor Street. Suite 206 Richmond Vtrgmm 23219-2094 Phone (8041 '86-2064 F£¥ (804) 786-1798 TDD (804) 786-2121 ~mber 15, 1998 David G Bnckley D~rector MEMORANDUM TO' FROM. SUBJECT. Interested Partaes Dav~dG. Bnckley ~~b ~ Proposed WQIF ProJect Grant .&wafts for 1999 In response to the Applicatton Package - FY I999, Water Quality Improvement Fund Nonpoint Source ProJects that was chstnbuted on August 21, DCR received 85 grant applicalaons by the October 8 submi~qmn deadhne. Eleven of the appticataons were consMered ineligible, stnc~ they did not meet the gmdeline& 74 applicauons were remex~ed and scored by the 10 member (seven state agen~cs) Grant Review Comnuttee (GRC). The funds requested and number of grant applications received for each of three reglons of the state were as follov~s Southern Rjver5 .A_rea 12 grant apphcanons Funds reque~axl = $1,321,569 Funds available = $500.000 Lower Bay Tributaries Area 27 grant applications Funds reque~axt = $4.166,449 Funds avadable = $975.000* Shenandoah-Potomac Privet Basnl 35 grant apphcanons Funds requested = $3,590,772 Funds available = $1.850,000 Based on the recommendauons of the GRC and my remew, the proposed projects to receive a grant award for 1999 and the recommended funding mounts were demed. Attached are the lists of 32 proposed nonpoint source control projects to be funded through the Water Quality. Improvement Fund (WQIF) beginning m 1999 The Water Quaht3' Improvement Act reqmres that an announcement of projects approved for funding be made avmlable for pubhc rev~e'a and comment for at least 30 da.x5 prior to executing grant agreements The lists will be pubhshed ~n The Vtrgmta Regtster on December 21 Folloxx~ng the 30 day comment penock negouauons regarding the grant agreements and workplans will be finahzed In the interim, ffyou ha,,e any questions please feel free to contact Charlie Lunsford at 371-8984 * $475.000 ~s WQIF tnterest dollars for FY 1998 and the first quarter of FY 1999 Attachments 4n 4gency of the Vatural Resources Secretariat Lower Bay Tributaries Area Nal3le City of Lynchburg Stormwater, Streambank & P~panan Program Headwaters Riparian Partnership ProJect Wetland Restoration - Lower Bay Tributaries Watershed Program SWCD Plan for the Reduction of Excess Nutrient Runoff Ixmovative Cropping Systems Incentive Program - York Raver Irmovative Cropping Systems Incentive Program - James River Lower Tributaries Rapanan Restoralaon and Protection Project Source Reducuon of Phosphorus tn Litter Urban Nument Management and Reducuon Shenandoah - Potomac River Basin Area Name Spout Run Watershed S~te-Spec~fic Nutrient Mgmt. Enhancement Program Potomac Raver Wetland Restoranon Nutrient Management Plan Development Lower Potomac Raver Rapanan Restoration & Protecnon Reducnon of Fecal Coliforms tn the Holman's Creek Nutnuon & tterd Management Practices to Reduce Numenm Urban Nutrient Management & Reducuon Reducnon of Nonpotnt Source Polluuon tn Acconnk Creek Headwaters l~panan Partnership Project Neabsco Creek Water Quality Improvement Stormwater Wetlands Incorporation tn Reston 913 SW Mgmt. Coan Raver Watershed Project Urban SWM/BMP Pond & Stream Protecuon Broad Run L~tter Phosphorous Reducnon Through the Use of Phytase Non-Dmcharge Wastewater Treatment System for Catlett Non-Dmcharge Wastev~ ater Treatment System for Calverton Southern Rivers .M'ea Name Guest Raver"Restorauon Project Three Creek Strip Tillage Project Blackwater Raver Rapanan NPS Polhnon Control Project North Fork Holston Raver Pastureland & Rapanan Protecuon Project Snuth Mountain Lake Septic Tank Maintenance North Lake Holly Watershed Sponsor City of Lynchburg Valley Conservation Council Ducks Unlirmted, Inc. Eastern Shore SWCD Colomal SWCD Colomal SWCD Chesapeake Bay Foundauon Tyson Foods, Inc. VPI & SU SUBTOTALS: Sponsor Clarke County Rockmgham County P & Z Ducks Unlinuted, Inc. HouWs Feed & Fertilizer Chesapeake Bay Foundauo N. Fork Shen/Holman's Creek V'PI & SU VPI & SU VPI & SU Valley Conservation Council Prince Wm. Co. Public Works Fan'fax Co. Pubhc Works Tidewater RC&D Loudoun Co. Dept. Of Bldg. & Dev. Wampler Foods, Inc. Fauqmer Co. Board of Supervisors Fauqmer Co. Board of Supervmors SUBTOTALS: Sponsor Lonesome Pine SWCD Holston Raver SWCD Fermm College New Raver Highlands RC Franklin County Admm,stration City of Virguua Beach Recommended Funding $ 354,385 543,000 86.288 64,996 50.000 50,000 105,544 124.487 89_-00 $ 975.000 Recommended Funding $ 56.150 84.586 61.640 133.085 36.433 69~68 208.142 150,000 38~24 215.-47 60.000 51.625 31.300 50.000 325.000 150.000 125.000 $1,850.000 Recommended Funding $ 104.008 9.755 127.256 60,410 9_2.9000 176571 SUBTOTALS: $ 500.000 Item VI-L$. -27- ORDINANCES ITEM # 44821 Upon motton by Vice Mayor Sessoms, seconded by Councilman Jones, City Councd ADOPTED: Ordinances to APPROPRIA TE funds to the FY 1998-1999 Operattng Budget of the Police Department' a $135,000 to the Airplane Enterprise Operation re continuation of the prisoner transportation service. b $102, 040from the ForfeitedAsset Shartng Special Revenue Fund re purchase of equtpment for special investigative operations. Voting 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Wdliam W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wilham D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Councd Members Absent' None Aprtl 6, 1999 AN ORDINANCE TO APPROPRIATE $135,000 TO THE FY 1998-99 OPERATING BUDGET OF THE POLICE DEPARTMENT'S AIRPLANE ENTERPRISE OPERATION FOR ADDITIONAL ANTICIPATED EXPENDITURES WHEREAS, the Police Department's Airplane Enterprise 7 operation provides airborne prisoner transportation (primarily for 8 the extradition of State prisoners), which results in savings for 9 both the City and the state law enforcement agencies in comparison 10 to other means of transportation; 11 WHEREAS, this operation is entirely self-supporting, with 12 its revenues based on charges to the State and federal government 13 for providing the prisoner transportation service; and 14 WHEREAS, more prisoner transportation has been required in 15 FY 1998-99 than in previous years; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 18 1. That $135,000 is hereby appropriated to the FY 1998-99 19 operating budget of the Police Department's Airplane Enterprise 20 operation to allow continuation of the prisoner transportation 21 service. 22 2. That funding for this appropriation will be supplied 23 by an increase in estimated revenue from prisoner transportation 24 charges accruing in the Airplane Enterprise Fund. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of April , 1999. 27 Requires an affirmative vote by a majority of members of City Counci 1. CA-7318 ODIN~NONCODE~AIRPLANE ENTERPRISE.ORD MARCH 31, 1999 R3 Approved as to ~-cfntent I AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $102,040 FROM FUND BALANCE IN THE FORFEITED ASSET SHARING SPECIAL REVENUE FUND TO THE FY 1998-99 OPERATING BUDGET OF THE POLICE DEPARTMENT FOR THE PURCHASE OF EQUIPMENT FOR SPECIAL INVESTIGATIVE OPERATIONS 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, sufficient funds for purchase of equipment for the Police Department's Special Investigative Division are available to be appropriated from the fund balance of the Forfeited Asset Sharing Special Revenue Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That funds in the amount of $102,040 are hereby appropriated from the fund balance in the Forfeited Asset Sharing Special Revenue Fund to the FY 1998-99 operating budget of the Police Department for the purchase of equipment for special investigative operations. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth of April , 1999. Requires an affirmative vote by a majority of the members of City Council. CA-7325 ORDIN~NONCODE~DRUG FORFEITURE-2.ORD MARCH 29, 1999 R2 V ApproVed as~ontent Sufficiency Item VI-I.4. - 28 - ORDINANCES ITEM # 44822 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to APPROPRIATE $8,900from the Forfeited Asset Sharing Special Revenue Fund Balance to the FY 1998-1999 Operating Budget of the Office of the Commonwealth's Attorney re purchase of a multimedia projector for training and for presentation outstde of the Virginia Beach Judicial Center ~ttng: 11-0 (By ConsenO Councd Members Voting Aye' Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr and A M. "Don" Weeks Council Members Voting Nay: None Council Members Absent' None April 6, 1999 AN ORDINANCE TO APPROPRIATE $8,900 FROM FUND BALANCE IN THE FORFEITED ASSET SHARING SPECIAL REVENUE FUND TO THE FY 1998-99 OPERATING BUDGET OF THE OFFICE OF THE COMMONWEALTH'S ATTORNEY TO PURCHASE A MULTIMEDIA PROJECTOR FOR TRAINING AND FOR PRESENTATIONS OUTSIDE THE VIRGINIA BEACH JUDICIAL CENTER 10 WHEREAS, the Office of the Commonwealth's Attorney shares drug forfeiture money with local and federal law enforcement 12 agencies; 13 WHEREAS, drug forfeiture funds, once appropriated, may be 14 used for equipment to enhance the law enforcement capability of the Office of the Commonwealth's Attorney, and a multimedia projector 16 is needed to enhance the Office's training program and to make presentations outside the Virginia Beach Judicial Center; and 18 WHEREAS, sufficient funds for this purchase are available 19 to be appropriated from the fund balance of the Forfeited Asset 20 Sharing Special Revenue Fund; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 23 That funds in the amount of $8,900 are hereby 24 appropriated from the fund balance in the Forfeited Asset Sharing 25 Special Revenue Fund to the FY 1998-99 Operating Budget of the 26 Office of the Commonwealth's Attorney for the purchase of a 27 multimedia projector for training and for presentation outside of 28 the Virginia Beach Judicial Center. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of April , 1999. 31 32 Requires an affirmative vote by a ma3ority of the members of City Council. 33 34 35 36 CA-7313 F- \Data\ATY[Ordin~NONCODE[DRUG FORFEITURE.BK, MARCH 26, 1999 R2 Approved as t~~ntent / ~pproved ~, Legal Sufficiency ~j~ Item VI-I. 5. - 29- ORDINANCES ITEM # 44823 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED. Ordtnance to ACCEPT and APPROPRIATE $123,000 from the Commonwealth of Virgtnia to the FY 1998-1999 Operattng Budget of the Community Services Board re acqutrtng vehtcles used to transport mental retardation clients; and, esttmated revenue from the Commonwealth of Virginia be increased accordingly Voting: 11-0 (By ConsenO Council Members Voting Aye' Linwood O. Branch, III, Margaret L. Eure, Wdham W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wdliam D. Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay. None Council Members Absent: None Aprtl 6, 1999 AN ORDINANCE ACCEPTING AND APPROPRIATING $123,000 FROM THE COMMONWEALTH OF VIRGINIA TO THE FY 1998-99 OPERATING BUDGET OF THE COMMUNITY SERVICES BOARD TO ENHANCE TRANSPORTATION SERVICES FOR CLIENTS WHEREAS, the Community Services Board ("CSB") provides 8 transportation to clients who require such assistance in receiving 9 various services; and 10 WHEREAS, the Commonwealth of Virginia has provided 11 $123,000 from its general fund revenues which the CSB may use to 12 acquire vehicles to transport its mental retardation clients. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1. That funds in the amount of $123,000 are hereby 16 accepted from the Commonwealth of Virginia and appropriated to the 17 FY 1998-99 Operating Budget of the Community Services Board for the 18 purposes of acquiring vehicles used to transport mental retardation 19 clients. 20 2. That estimated revenue from the Commonwealth of 21 Virginia is hereby increased in the amount of $123,000. 22 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of April, 1999. 25 26 Requires an affirmative vote by a majority of members of City Council. 27 28 29 30 CA-7306 ORDIN~NONCODE~MHMR- 2 . ORD R-3 PREPARED: MARCH 31, 1999 31 32 33 34 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Department of Law QJ CITY OF VIRGINIA BEACH COMMUNITY SERVICES BOARD FY-99 APPROPRIATIONS & TRANSFERS 6O11OO 601110 601130 601150 601170 601180 601230 601270 601330 601350 601370 601380 601401 601940 Appropriations Account Codes Executive Salaries Middle Management Salaries Professional Salaries Techmcal Salaries Clerical Salaries Skdled Salaries Professional Overtime Clerical Overtime Temp Profess Salaries Special Operations Tech III Temp Clerical Salaries Temp Skdled Salaries Contracted Manpower Record checks-salary Total Personnel 23208 Transportation Svcs 602101 602102 6O21O4 602201 602301 602302 602307 FICA FICA Service Awards FiCA-Medicare Retirement Health & Dental Insur L~fe Insurance Unemployment Compen Total Fnnge Benefits 603101 603102 603103 6O31O4 603201 603202 603301 603401 603111 603113 603402 603403 603406 603407 Professional Health Svcs Legal Svcs Other Prof Svcs Independent Auditing General Ma~nt & Repair General Ma~nt-Facd~ty Advertising Pnnt~ng-Outs~de Food Services MR Family Supp Svcs Laundry & Dry Cleaning Photographic Services Refuse Disposal Svcs Other Contractual Svcs Total Contractual Services 604102 604201 604301 604401 604501 Microcomputmg Services C~ty Garage Serwces Central Store Charges Pnnt Shop Charges Risk Management Charge Total Internal Services 605101 6051O2 605103 6O5104 605201 605203 606001 606420 606004 606422 606422 Electric Services Heating Serwces Water Services Sewage Services Postal Services Telecom mu n ~cat~ons Office Supphes Food& Food Service Sup Medical & Lab Supplies Housekeeping& Jamtor Sup Household Supphes 606423 606425 606412 606011 606427 606415 606428 606429 606433 606435 605501 605502 605507 605508 605708 605801 605899 Appropriations Account Codes Budding Maintenance Sup Umforms & Weanng Apparel Books& Subscriptions Educational & L~brary Sup Recreational Supphes Computer Supphes M~crofllm~ng Supphes Photographic Supphes Construction Mat'& Supphes Other Operating Supphes Professional Improvement Travel-Routine Mandated Certification Tra~mng Regular Foster Care Dues & Assoc Memberships M~scellaneous Total Other Charges 23208 Transportation Svcs 607101 Repl Machinery & Equip 607102 Repl Furniture & F~xtures 607103 Repl Commumcat~on Equip 607105 Repl Motor Vehicles 607301 Machinery& Equip 607302 Furniture & F~xtures 607303 Commumcat~on Equip 607305 Motor Vehicles & Equip 607307 Data Processing Equip Total Capital Outlay 603407 Lease/Rent of Equip 605402 Lease/Rent of Buddings 609010 Utd~t~es 609130 Alterations and Additions Total Leases, Rentals, Improvements $123,000 Total $123,000 FTE's 0 00 Revenue 23208 Account Codes Transportation Svcs 137 23208 422056 Total New Appropriations $123,000 $123,000 Item VI-I. 6. - 30- ORDINANCES ITEM # 44823 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to,dPPROPRIA TE $11,290from the Virginia Beach Library Gift Fund to the FY 1998-1999 Operating Budget of the Department of Libraries repurchase of library materials for the libraries, as well as equipment for the Special Services Subregional Library for the Blind and Visually Handicapped; and, estimated revenue from donatlons from citizens and organizations be increased accordingly Voting: 11-0 (By ConsenO Council Members Voting Aye' Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 6, 1999 AN ORDINANCE TO APPROPRIATE $11,290 IN VIRGINIA BEACH LIBRARY GIFT FUND MONIES TO THE FY 1998-99 OPERATING BUDGET OF THE DEPARTMENT OF LIBRARIES FOR THE PURPOSE OF PURCHASING LIBRARY MATERIALS AND EQUIPMENT WHEREAS, the Virginia Beach Department of Libraries 9 receives cash donations from citizens and organizations in support 10 of its mission; 11 WHEREAS, these funds have accumulated in the Virginia 12 Beach Library Gift Fund and must be appropriated for use by the 13 department; and 14 WHEREAS, the Department of Libraries plan to use these 15 funds to purchase library materials for the Central Library and 16 area libraries, along with equipment for the Special Services 17 Subregional Library for the Blind and Visually Handicapped. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That $11,290 is hereby appropriated to the FY 1998-99 21 Operating Budget of the Department of Libraries from the Virginia 22 Beach Library Gift Fund to fund the purchase of library materials 23 for the Central Library and area libraries, as well as equipment 24 for the Special Services Subregional Library for the Blind and 25 Visually Handicapped. 26 2. That estimated revenue as a result of donations from 27 citizens and organizations is hereby increased by $11,290. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of April , 1999. 30 31 Requires an affirmative vote by a majority of members of City Council. 32 33 34 35 CA-7315 ODIN~NONCODE~LIBRARY GIFT FUND. ORD MARCH 31, 1999 R2 36 37 38 39 4O APPROVED AS CONTENT: Management S e rv/~' APPROVED AS TO LEGAL SUFFICIENCY: ~~epartment~~~~ / Ite~ VI-I. ~. - 31 - ORDINANCES ITEM # 44824 Upon motton by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED, AS REVISED: Ordinance to AMEND the Capital Budget by establishing the Bendix Road Regional BMP (Project #7-017); ~9~4-3k~v-E-~ APPROPRIATE $125, O00 from the retatned earnings tn the Storm Water Enterprise Fund to Capttal project #7-017 re design and constructton; and, authorize the City Manager to execute a regional stormwater BMP agreement with OLYMPIA DEVELOPMENT CORPORA TION, subject to' new TERM sheet allowing two (2) Class-A office buddings of up to 200. 000 square feet of space and one (1) restaurant site on the developer property Voting' 11-0 (By Consent) Council Members Voting Aye. Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Councd Members Voting Nay: None Councd Members Absent: None April 6, 1999 AN ORDINANCE TO AMEND THE CAPITAL BUDGET BY ESTABLISHING CAPITAL PROJECT # 7-017, TO APPROPRIATE $125,000 TO THIS PROJECT FROM RETAINED EARNINGS IN THE STORM WATER ENTERPRISE FUND, AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A REGIONAL STORMWATER BMP AGREEMENT WITH OLYMPIA DEVELOPMENT CORPORATION 10 WHEREAS, the City of Virginia Beach owns certain real property containing 11 approximately 17 acres off of Bendix Road and adjacent to Route 44; 12 WHEREAS, Olympia Development Corporation ("Olympia") is the contract 13 purchaser of certain adjacent property containing approximately 17 acres that it proposes to purchase 14 and develop; 15 WHEREAS, Olympia has requested that the City participate in the design and 16 construction of a regional water quality enhancement structure best management practice facility 17 (BMP) to be located on both parcels; 18 WHEREAS, the BMP will have the capacity to handle storm water run-offfrom other 19 properties identified by city staff; and 20 WHEREAS, the City's agreement with Olympia calls for the City to pay Olympia 21 50% of the costs of the design and construction of the BMP, not to exceed $125,000. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 1. That the Capital Budget is hereby amended by the establishment of Capital 25 Project # 7-017, Bendix Road Regional BMP. 26 2. That funds in the amount of $125,000 are hereby appropriated from the retained 27 eamlngs in the Storm Water Enterprise Fund to Capital Project # 7-017 for the purpose of designing 28 and constructing a regional BMP on property located on Bendix Road. 29 3. That the City Manager, acting on behalf of the City, is authorized and directed 30 to execute and enter into a regional stormwater BMP agreement with Olympia Development 31 Corporation substantially in the form attached hereto, with such changes as may be agreed to by the 32 City Manager and approved by the City Attorney as to legal sufficiency. 33 34 35 36 April, 1999. Adopted by the Council of the City of Virg~ma Beach, V~rg~ma, on the 6 Requtres an affirmattve vote by a majortty of the members of Ctty Counctl day of 37 38 39 40 CA-7311 DATALATY~ORDINkNONCODE\WATER QUALITY CIP 7017 ORD MARCH 23, 1999 R3 41 42 43 44 APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY 45 - 33 - CITY M/INA GER 'S BRIEFING ECONOMIC DE I/EL OPMENT /IND TO URISM M/IR KE TING 2:35 P.M. ITEM # 44826 The Ctty Manager advised the two activtties Economic Development and Tourism Marketing are linked together and relate to the City Council's vision of creating a "Community for a Lifetime" Mr. Spore referenced the return on investment for Convention and Visttor Development is 62%. Economic Development realized $170-MILLION for Capital Investment. Expansion Management and Outlook Magazines have rated Virginia Beach as one of the "hottest" cities for business expanston and economtc development. The City Manager highly complimented the Directors and Staffs of these two departments for thetr numerous successes. Money Magazine and Ladies Home Journal gave the Hampton Roads area and Virgtnia Beach top marks as a place to reside and do business. The Good News Economic Development 22 new companies 28 business expanstons 6, 510 new and retained jobs Average salary of $42,500 per job $1.9-MILLIONpatdfor Development Authority land $168, 355, 000 in Capital Investment Tourism A record-breaking 2. 7-MILLION overnight vtsitors spent $568-MILLION which generated $43.7-MILLION tn direct City tax revenue. More than 'half of the 1998 visitors traveled to the beach between September and May. Continued to be a leader in developing regional vacation packages which bring excellent results. New entertainment program implemented at the Oceanfront. Sports marketing efforts attract new and attractive market segment. Development of nature-based travel product. Donald L. Maxwell, Dtrector of Economic Development, presented the 1998 Successes: 1998 - A Record-breaking Year 22 new business locations 6, 510 new and retained jobs 361,900 square feet of new space $168-MILLION in capital tnvestment 24 business expansion/retentions 4,133 new jobs and 1,909 retatnedjobs 45 acres of land 1,019,539 square feet of space $149,485,000 investment Economic Development Incentive (Invested) Program Six grants in 1998 Every $1.00 invested yields $41.99 in new capital investment Every $600 invested equals one new full-time job. April 6, 1999 - 34 - CITY MANAGER'S BRIEFING ECONOMIC DE VEL OPMENT AND TO URISM MAR KE TING ITEM # 44826 (Continued) Mr. Maxwell thanked the City Manager for his comphments and said it is wonderful to work for a great City Council and supportive City Manager He advised in 1998,10 7 companies came to Southeastern Hampton Roads, 50 of them located in Virginia Beach. Over 70% of the capital investment and 80% of the new jobs of South Hampton Roads came into Virginia Beach. Why Virginia Beach? GEICO chose to expand in Virginia Beach because: (1) Available workforce with a great work ethic. (2) Fast track permittlng and construction Other projects contributing to the Vision and Attracting Businesses TPC and Heron's Ridge The Virginia Beach Higher Education Center GTE/Virginia Beach Amphitheater Lynnhaven Mall Expansion Sportsplex Highwoods Development Corporate Landing In 1996, the average assessed value of new homes was $164,000. At the present time the value has increased to an average of $194,400. This is an increase of over $30,000 in twenty-four months. The types of jobs betng attracted to Virgtnia Beach is creating this demand for upscale housing. What's in the Pipeline for 1999 and beyond? Coastal Training Technologies- $15-MILLION expansion. The Advanced Technology Center Strategic Plan to targeting high quality companies and businesses. Marketing: national and international Economic Development's new web stte' www virgtnta-beach va. us/dept/econdev In the past several months, the department has developed "The Little Beach Book", which is a series of tnterestingfacts, i.e "How many street lights in Virginia Beach - over 39,500". A new City magaztne wtll be formulated to be utihzed as a platform to communicate the City's Vision. Mr. Maxwell referenced the new televiston show entitled: "Profiles of Economic Development". Thts show was nomtnated for the "Telly "Award and won. Mr. Maxwell displayed a 30 second clip of one of the shows. These shows end with the "Maxwell Minute". Relative businesses in the future, Targets have been identified: Telecommunications and lnformation Technology Engineering and Management Services Businesses Services Marine Services Training Servtces ' April 6, 1999 - 35 - CITY MANAGER'S BRIEFING ECONOMIC DEVELOPMENT AND TOURISM MARKETING ITEM # 44826 (Continued) James B. Ricketts, Director- Convention and Visitor Development, complimented the leadership and support of the City Council and the City Manager, his professional loyal, staff and a great advertistng agency 1998 - A Record-breaking Year 2. 7-MILLION overnight visttors who spent $568-MILLION. One of only six of the natron's top 25 hotel markets to post gains in room mghts booked City-wide hotel room nights booked increased 3.4% City-wide annual occupancy reached 63% Tourism generated $43.7-MILLION in direct City tax revenue The City spent $27-MILLION in visttor-related expenditures ROI = 62% ll,800jobs "Echo effect" of Virgima Beach expenditures resulted in roughly $1.2- BILLION in visitor expenditures in Hampton Roads. "Hurricane Bonney" resulted in the loss of 22,000 room nights. There was a drop in Canadian business because of the dollar devaluation which cost 28,000 room nights. However, the room nights still increased 3.4%. Virginia Beach is becoming a Year-round Travel Destination Of the 2. 7-MILLIONpeople who vacationed in Virginia Beach, 5% vistted the Resort Area from September thru May. Ctty-wtde room mghts booked increased dramattcally September through May. September up 7. 7% October up 11% April up 18.8% Visitor Profile On The Rise 1993 1998 Average Age 38 year 40.2 years ~lge 35 and older 60.8% 69.2% Income $55,316 $65,614 Married 6 7. 8 % 72. 5 % With Children under 18 53.1% 57.7% Plans for repeat visitation 68.4% 85.1% Repeat visitors 68% 72. 7% Relative markettng the Regton, Mr. Ricketts ctted the Family Fun Package, Splash and Virginia Spring Fling. The regional programs have been extremely successful. New entertainment programs are Beach Street USA, which opened last Summer to rave reviews and the Boardwalk and oceanfront entertatnment venues unveiled expanded shows and programs. New Niche Market Initiatives Sports Marketing: Promoted the City as an ideal host site for sport tournaments which can result in increased room nights and regional/national media exposure for the City. Ecotourism: Continued to build awareness of the City as a nature-based destination. Ap~l ~ 1999 - $6- CITY MANAGER'S BRIEFING ECONOMIC DEVELOPMENT AND TOURISM MARKETING ITEM # 44826 (Continued) Sports Marketing Successes ESPN Coverage of Shamrock Marathon ESPN Coverage of X-Trials AA U Jumor Olympic Games. Development ora regional sports facilities guide in cooperation with Norfolk, Hampton, Portsmouth and Newport News Colonial Athletic Association Soccer Championships Striped Bass World Championships ESPN coverage of the PBA Ebonite Challenge Ecotourism Successes 3rd Annual Southeastern Virgima Ecotourism Symposium and spin off of new Virginia Ecotourism Association Southeastern Virginia Gateway Package Development of soon-to-be opened Chesapeake Bay Center Continuedpromotlon of whale and dolphin watch boat tours, pak and refuge areas and ecotourism activities What About the Future? Emphasis on developing Virginia Beach as a premier East Coast recreation destination Expand promotion of golf packages under direction of Virginia Beach Golf Association Continue to expand our travel and tourism product (hotel improvements, attractions) to further build visitation, year- round. Re-launch a state-of-the-art, interactive tourism web site to help visitors plan their trips. The completion of the expanded boardwalk Palmer Farley - Barker, Campbell, Farley & Mansfield Advertising Agency, referenced the Marketing Program contained in City Council's package. The Marketing Program is an tntegrated program, not just advertising. It ls public relations, web site development, promotions, etcetera. Mr. Farley displayed various advertisements. The World Spins at a rate of over 1000 mdes per hour, even when you are on Vacation" "The Best Way to Melt Snow and Ice has always been with Sand and Salt", "Flights arriving daily", "The quletest your kids will be throughout the entire vacation ", "Family Fun Pack" and "Spring Fling Package " A Loonte (Canadian DollaO Savers Program is a coupon book which is tied with the State and the Washington Airport Authority. A budget has been estabhshed for 'per inquiry' television Basically, this coupon book was sold out in ten days. This is essentially a two-for-one savings. Mr Farley presented a video which focused on the Packages' Family Fun, Splash-O-Soleil and the Loonie Savers. There are ads focusing on golf as a destination, as well as an ad for Sportsplex, ads focusing on the meetings and convention side of the business, as well as group tour business Relative public relations, Mr. Farley citled articles which have appeared in Southern Living Magazine, Women's Day, Car and Travel and Canoe & Kayak. Public relations is returning a 5-to-1 return on investment. Mayor Oberndorf referenced her "Travel and Leisure Family Destination Vacation" magazine This publication goes to the homes of mostpeople who have American Express cards. Mayor Oberndorf suggested this be reviewed for advertising. Dr Gilbert R Yochum, Bureau of Research, College of Business and Public Administratton - Old Dominion University, prepared the 1998 Virginia Beach Tourist Economic Impact Study and was in attendance Vice Mayor Sessoms suggested this Presentation be given to the Editorial Board of The Virginian-Pilot. Mr. Maxwell advised the next episode of Profiles in Economic Development wall focus on this information. April 6, 1999 Item VI-M. - 32 - AD JO URNMENT ITEM # 44825 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:34 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy Ctty Clerk Ruth Hodges Smtth, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Vtrginta AFTER ADJOURNMENT at 2:34 P.M., CITY COUNCIL ASSEMBLED IN THE CITY COUNCIL CONFERENCE R 0 OM FOR THE CITY MANAGER'S BRIEFING ON ECONOMIC D E VEL OPMENT AND TOURISM MARKETING. (3:55 P.M.) April 6, 1999 March 23, 1999 MAYOR OBERNDORF~ Well, I'll just very quickly address another subject. I've received many letters, E-Mail and phone calls. I talked to one lady last night, who is a teacher, about the phone fee. She brought a lot of issues to my attention about the Legislation that I wasn't even aware of. So, I want to commit to the technology and I will be there to support it financially. But, I will turn to my fellow Council Members and say with all candor that I will be looking to see if we can find a way to set aside those monies that are necessary to bring it to the table for the folks to match the money that's been put up by the schools at least for this year; so that we can go through a process of educating ourselves and the public as well, to give them a chance to have an understanding and input into what, if anything, they're willing to support for technology. I wanted to say this: It's been worrying me ever since I began to get the E-Mail and the phone calls, because I will be the first to tell you that I agree it was done quickly because of the way the Legislation is written. March 15th had to be the day. We had to pass before then, and I understand that. I didn't want to cut off the opportunity to have it, but on the other hand I will hopefully -- I have not asked for anything in the Budget, so I will be looking with great interest to find if we can set aside the monies that are necessary for the technology. I want to thank both Mr. Jones and Mr. Harrison, whom I selected to serve on the Subcommittee with the School Board Members. I understand that you were given a charge you didn't ask for, and you served without complaint, and you brought the report back to us. I find no fault in that. The fault, if any, lies with me personally that I didn't have the time to educate and prepare the public as well as myself and so when we have the Budget given to us next Tuesday it will be with great interest that I will read all of the priorities to how we are going to set things up. I just wanted to make that statement. Mrs. Eure. COUNCIL LADY EURE: Madam Mayor, I certainly share your concern and I would certainly support you in an effort at looking at whether or not funding can come from existing funds and hopefully that -- and I agree that it was a quick decision and it was very difficult. So I share your concerns and I will support you in an effort to find those funds if at all possible. If not, then we certainly have to fun~ technology. MAYOR OBERNDORF: Absolutely. I don't disagree. 35