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HomeMy WebLinkAboutSEPTEMBER 1, 1998 MINUTESo£ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At-Large VICE MA FOR WILLIAM D. SESSOMS. JR., At-Large LINWOOD O. BRANCH II1, District 6-Beach MARGARET L. EURE, District l-Centerville WILLIAM W. HARRISON. JR.. District 5-L ynnbaven HAROLD HEISCHOBER. At-Large BARBARA M. HENLEY. District 7-Princess Anne LOUIS R. JONES, District 4-Bayside REBA S. McCLANAN, District S-Rose liall NANCY K. PARKER, At-Large A.M. (DON) WEEKS, District 2-Kempsville JAMES K. SPORE, Cily Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC/AAE. City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456~9005 PHONE: (757)427-4303 FAX: (757) 426-5669 EMAIL: CTYCNCL~C[TY. VIRGINIA-BEACH.VA.Ug September 1, 1998 I. REVIEW OF AGENDA ITEMS - Conference Room - 12:NOON II. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Richard J. Keever Bayside Presbyterian 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 - August 25, 1998 Jo APPOINTMENTS COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY PARKS AND RECREATION COMMISSION SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 08/28/98BAP AGENDA\09\01 \98. ITM www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 1, 1998 Mayor Meyera E. Oberndorf called to order the REVIEW OF AGENDA ITEMS in the Council Conference Room, City Hall Building, on September 1, 1998, at 12.'00 NOON. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf , Nancy K. Parker, Vice Mayor William D. Sessoms and A. M. "Don" Weeks Council Members Absent: William W. Harrison, Jr. [ENTERED: 12.'50 P.M.] -3- CITY COUNCIL CONCERNS 12:02 P.M.. ITEM # 44005 Relative Hurricane "Bonnie'; Council Lady Henley referenced concerns of citizens suffering from loss of electrical power and water. The City staff has worked extremely hard. Council Lady Henley cited Knotts Island as an example of good management andpreparation. Council Lady Henley called to offer assistance. In conversation with a Minister at the fire station, she was advised there had not been any power anywhere on the Island since early Thursday; however, they had military generators brought in and were operating the school as an emergency shelter. The Salvation Army and the Red Cross were feeding people who came to the school and offering food for them to take home. Large quantities of water and ice had been brought in to distribute to the citizens. Teams were being established to remove the trees off the houses. Council Lady Henley noted many places in the "county" where trees fell across the road and they were sawed off to the pavement, just enough to let the cars pass. However, now there are obstructions on both sides of the already narrow roads. Council Lady Henley requested information relative the method of removing these logs. Council Lady Henley referenced many citizen calls begging for assistance. There are still residents who do not have electricity or water. Virginia Power has been working very hard; however, five or six days is totally unacceptable for individuals to be without power. Council Lady Henley offered her assistance as a Council Liaison. Council Lady Henley advised Louis Cullipher, Director of Agriculture, secured ice and water from Harris Teeter and delivered same door-to-door to residents. Harris Teeter is to be complimented. Harris Teeter lost everything in their Virginia Beach Boulevard store, but they were still handing out ice and water. Mayor Oberndorf advised Home Depot was also assisting. Councilman Heischober said Outback Steak House was feeding people who did not have electricity. Mayor Oberndorf said Resolutions of Appreciation would be presented Vice Mayor Sessoms referenced communication and suggested the City investigate the possibility of establishing a radio station as people generally have a battery-operated radio. Councilman Jones referenced concerns relative the older citizens and their health problems. The recreation centers and fire stations were open during the day for residents; however, a comfortable place was needed for restful nights 'sleep until their power was restored. Councilman Jones suggested a facility of this nature be investigated for the next emergency. The City Manager advised a status report would be provided during the Formal Session. ITEM # 44006 Mayor Oberndorf recognized and complimented Councilman Branch for his calmness with the national media even though he experienced extensive damage to his hotel and will not be open for Labor Day. September 1, 1998 -4- ITEM # 44007 Mayor Meyera E. Oberndorf called to order the INFORMAl, SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, September 1, 1998, at 12.'12 P.M.. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: William W. Harrison, Jr. September 1, 1998 -5- ITEM # 44008 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose.. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Boards and Commissions: Community Services Board Development Authority Open Space Advisory Committee Parks and Recreation Commission Southeastern Hampton Roads Disability Services Board Wetlands Board PUBLICLY-HELD PROPERTY.. Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wit: 31st Street Project Rudee Loop Project Real Estate in Princess Anne - District 7 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W Harrison, Jr. (ENTERED at 12:50 P.M.) September 1, 1998 -6- FORMAL SESSION VIRGINIA BEd CH CITY COUNCIL September 1, 1998 2:10 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 1, 1998, at 2.'10 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William I~. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Pice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None INVOCATION: Reverend Richard J. Keever Bayside Presbyterian PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERIC. I Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessorns' letter of January 1, 1998, is hereby made apart of the record. September 1, 1998 -7- Rem IV-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 44009 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: 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 William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 1, 1998 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 # 44008, Page 5, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges ~mith, CMC/AAE City Clerk September 1, 1998 -8- Item IV-F. 1. MINUTES ITEM # 44010 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 25, 1998. Voting.. 9-0 Council Members Voting Aye: Margaret L. Eure, William l,E. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: Linwood O. Branch, III Councilman Heischober ABSTAINED as he was not in attendance during the City Council Session of. August 25, 1998. September 1, 1998 -9- Item V-G. 1. ADOPT A GENDA FOR FORMAL SESSION ITEM # 44011 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 1, 1998 - 10- Rem IV-H. PUBLIC HEARING ITEM # 44012 Mayor Oberndorf DECLARED A PUBLIC HEARING.. LOCAL LAW ENFORCEMENT BLOCK GRANT There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. September 1, 1998 - 12- Item IV-I. 1. ORDINANCES ITEM Il 44014 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to A CCEPTandAPPROPRIA TEa $281,902 Grant from the Federal Bureau of Justice Assistance to the FY 1998-1999 Operating Budget's Law Enforcement Block Grant Special Revenue Fund: a. $155,224 - Judgmental Shooting Simulator (Police Department) b $ 72, 000 - Bullet-proof vests (Sheriff's Departmen0 c. $ 35, 000 - Video conferencing equipment (Office of the Commonwealth Attorney) d. $ 30, 000/$21, 000 - Drug treatment/Drug court initiative (General District Cour0 AND, TRANSFER $31,322from the General Fund Reserve for Grant Matches as the City's Required match; and, estimated revenue from the federal government be increased accordingly. Voting: 10-0 (By ConsenO Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 3/I. Henley, Louis 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: Linwood O. Branch, III September 1, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $281,902 GRANT FROM THE FEDERAL BUREAU OF JUSTICE ASSISTANCE TO THE FY 1998-99 OPERATING BUDGET'S LAW ENFORCEMENT BLOCK GRANT SPECIAL REVENUE FUND AND TO TRANSFER $31,322 FROM THE GENERAL FUND RESERVE FOR GRANT MATCHES AS THE CITY'S REQUIRED MATCH WHEREAS, the City has been awarded a Local Law Enforcement Block Grant in the amount of $281,902 from the federal Bureau of Justice Assistance to to be used for crime reduction and public safety projects; WHEREAS, the funds will be used to purchase training equipment for the Police Department, bullet-proof vests for the Sheriff's Department, and video conferencing equipment for the Office of the Commonwealth's Attorney, as well as to fund drug treatment and to provide clerical support related to the establishment of a drug court in Virginia Beach; and WHEREAS, the conditions of the grant require the City to provide a cash match in the amount of $31,322; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 1. That $281,902 in grant funds are hereby accepted from the federal Bureau of Justice Assistance and appropriated to the FY 1998-99 Operating Budget's Law Enforcement Block Grant Special Revenue Fund for the purposes of reducing crime and improving public safety, as well as the specific purposes set forth above. 2. That funds in the amount of $31,322 are hereby transferred from the FY 1998-99 Operating Budget's General Fund Reserve for Contingencies for Grant Matches to the Law Enforcement Block Grant Special Revenue Fund as the City's required match for receipt of the grant. 3. That estimated revenue from the federal government is hereby increased by $281,902. Adopted by the Council of the City of Virginia Beach, Virginia, on the First of SeptemSer , 1998. CA-7126 DATA/ORDIN/NONCODE/LLEBG.ORD AUGUST 24, 1998 R2 A~o~ed as to Content Approved as t Sufficiency - 13- Rem IV-L 2. ORDINANCES ITEM # 44015 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to AMEND Ordinance No. 97-2462C re Conservation of the Public Water Supply delineating seventy-five percent (75%) to residential uses and twenty-five percent (25°/6o) to non-residential uses; and, the Director of Public Utilities shah report annually to the City Manager on the status of the City's water supply system. Voting: 10-0 (By ConsenO 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. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 1, 1998 1 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 97-2462C, PERTAINING TO THE CONSERVATION OF THE PUBLIC WATER SUPPLY 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the Lake Gaston Water Supply Project has been operational since January 1, 1998; and WHEREAS, the City of Virginia Beach now has a safe, dependable and adequate supply of raw water; and WHEREAS, the improvements to the Norfolk Water Supply System have been completed to the extent that sufficient system capacity now exists to meet Virginia Beach's current water demand; and WHEREAS, the said improvements are expected to be fully completed by the Spring of 2000; and WHEREAS, the Lake Gaston Water Supply Project will yield an annual average of 45 million gallons per day (mgd) of treated water when all improvements to the Norfolk Water Supply System have been completed; and WHEREAS, an additional supply of water will be needed by the City to meet its long-term water supply demand; and WHEREAS, prudent long-term water supply planning requires that the City take such measures as are necessary or advisable in order to ensure the continued availability of public water supplies for all classes of customer; and WHEREAS, a fair and equitable allocation of water supplies between residential and non-residential uses would ensure that there is adequate water for both future residential and non- residential uses, and would also allow for expansion of the tax base and otherwise promote continued economic development of the City, to the benefit of all of the residents and businesses of the City; 30 31 32 33 34 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Ordinance No. 97-2462C, pertaining to the conservation of the public water supply pending completion of the Lake Gaston Water Supply Project, be, and hereby is, amended by repealing Sections 1 through 12 thereof, and by adopting new Sections 1 and 2, which shall read as follows: 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 ....... ~ ........ deems zt 2 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 .... Entcrprzuc ~,--,~ -= .... ~- rcquircmcnts ~ °--~- ~ I ~=~ ~ ~ ~^~ cf Virginia 3 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 L~t~ ~ ~ ................... systcms for '"~'~'- than ............ surcty in satisfactory ~ ~ ,'"":,"---Attcrncy ~-~ -'~ 4 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 acccptcd by ~- uses~.-~ thc 133 134 135 136 this 137 138 139 140 141 142 143 144 145 146 5 Zoning ' 148 149 150 151 152 153 154 conditional ........... -', 4 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 .... t~- supply --:--1." 6 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 Section 1. Allocation of water supply. That, of the total supply of treated water available to tho City's water supply system, seventy-five per cent (75%) thereof shall be allocated tO residential uses, and twenty-five per cent (25%) thereof shall be allocated to non-residential uses. Section 2. Water SuDplv Svst~ Status. The Director of Public Utilities shall annually report to the City Manager on the status of the City's water supply system, including the availability and sufficiency of public water supplies and facilities, including the available supply of raw water, water demand, and other factors bearing upon the ability of the City to provide a safe, adequate, and reliable supply of water to its residents and businesses, This ordinance shall be effective upon adoption; provided, however, that the repeal of Section 7(a) hereof shall become effective on January 1, 2000. supply 195 196 AdQpted by the City Council of the City of Virginia Beach on this FirSt day of September , 1998. 197 198 199 200 CA-7119 WMM/ORDRES/WEOREP. ORD R-2 August 26, 1998 APPROVED AS ~ CONTENTS: Department of P~lid Utilities APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 7 Policy Report THE STATUS OF ~ WATER EMERGENCY ORDINANCE DEPARTMENT OF PUBLIC UTILITIES - 08/21/98 BACKGROUND In February 1992, the City of Virginia Beach enacted a Water Emergency Ordinance (WEO) to conserve the public water supply until the Lake Gaston Project was completed. That action was taken because the City of Norfolk had informed Virginia Beach that the Norfolk Water System was over-extended and that Virginia Beach would have to curtail its water demand until the Lake Gaston project was operational. Previously, Norfolk had been unable to meet Virginia Beach's water demands due to dwindling supplies in 1977, 1980/81, 1986, 1987, and 1991. The 1992 WEO included two parts. The first part involved water use restrictions applied to the existing customer base. Essentially, the ordinance prohibited the outdoor use of City water for lawn watering, car washing, and other non-essential purposes. The second part involved a moratorium on extensions of the City water distribution system. Because a consequence of the WEO was that some development would turn to groundwater in lieu of City water, the ordinance included provisions requiring the developer to 1) demonstrate that an adequate interim supply of groundwater existed for the development, and 2) construct the on-site water distribution system for use when the Lake G-aston project was operational. The Lake Craston project was completed in late 1997 and put into service on January 1, 1998. However, Norfolk had been delayed from initiating a number of raw water projects in Suffolk, and was able to transmit and treat only 80% of Virginia Beach's share of the Lake Gaston project capacity. Virginia Beach could not be certain, at that time, that its water demand would not exceed the maximum capacity Norfolk could provide, pending the completion of the raw water projects in Suffolk. Therefore, in November 1997, the City amended the WEO to eliminate the water use restrictions with respect to the existing customer base and to allow existing properties that had developed using groundwater to connect to the water system. However, in order to limit potential water demand until the projects in Suffolk were farther along, the City did not eliminate the moratorium on extensions of the water system for new properties that developed after November 1997. The City Manager was directed to reevaluate the water supply and demand situation after the summer of' 1998 and report his findings to City Council with any appropriate recommendations. CONSIDERATIONS The Lake Gaston project was put into operation on January 1, 1998 and continues to function as designed. Total pumpage into the Norfolk water system through July 31, 1998 has been 4.0 billion gallons, or an average of 18.8 million gallons per day (mgd). The maximum month was July at 34.6 mgd. Construction at the Moores Bridges Water Treatment Plant will be completed in 1998. At this time, the treatment plant is fully functional from a capacity standpoint and treatment plant capacity is no longer a limiting factor. The raw water transmission projects in Suffolk include three pipeline projects and a new Western Branch pump station. All pipeline work is scheduled for completion in the spring of 1999. The Western Branch pump station is scheduled for completion in the spring 2000. Until the Western Branch pump station is completed, the capacity available to Virginia Beach is an annual average of 36 mgd. This is the same as presented in November of 1997, however, in the context of the availability of the C. raston project, the treatment plant completion, and raw water transmission pipeline work on track to be finished before next summer, confidence in the 36 mgd capacity limit is much greater. In fact, the 3 6 mgd capacity limit is now viewed as a very conservative, lower limit as opposed to last fall when it was considered an upper limit. The City's fiscal year 1998 annual average water demand was 32 mgd. In the fall of 1997, fiscal year 1999 water demand was projected to be 34 mgd. However, that projection is likely to be high. Many private wells have been installed and our customers have retained much of their conservation habits. Based upon water demand data collected from April 1998 through July 1998, fiscal year 1999 water demand will probably be about 33.5 mgd. As a result, it is unlikely that Virginia Beach's annual average demand will exceed 36 mgd before Norfolk completes all of its raw water transmission projects. In fact, for annual average water demand to reach 36 mgd in the next year, per capita water demand would have to increase by 5%, and another 10,000 people (3,:500 - 4,000 new housing units) would have to be added to the system. 2 ALTERNATIVES The City has three alternatives: 1) take no action and leave the current ordinance in place, 2) repeal the ordinance in its entirety, or 3) repeal the WEO, but allocate water supply capacity between residential and non-residential demand. 1) Take no action and leave the existing ordinance in place: Under this alternative, the moratorium on extensions of the water system would remain in place. This is not recommended. In the absence of City water, most new development is using groundwater. History has taught the City many times that the shallow groundwater aquifers are not a permanent substitute for the public water supply. The existing ordinance was put in place in order to prevent water demand from exceeding the available capacity prior to Norfolk's completion of its raw water transmission projects. As indicated above, such a scenario is now very unlikely and the reason for the moratorium on extensions of the water system no longer exists. 2) Repeal the ordinance in its entirety: Under this alternative, things would return to the way they were prior to the original WEO, enacted in 1992. The moratorium on extensions ofthe water system would be lit~ed and the mandatory connection polices would be reinstated, although the latter would not occur until after the summer of 1999. This is justified based upon supply and demand data. However, the Lake Gaston project will not meet 100% of the City's long-term water demand. It will meet only 43-45 mgd out ora long-term demand estimated to bt 55 mgd. This alternative does not address concerns that have been raised in the past that residential water demand may, at some point in the future, out-compete non-residential demand, such as industrial and commercial demand. 3) Repeal the ordinance in its entirety, but allocate the water supply so that a certain quantity is allocated for non-residential demand: This alternative would be the same as Alternative 2 with respect to the WEO, the moratorium on extensions, and the mandatory connection policies. However, in addition, the staffs of the Departments of Public Utilities and Law would craft an ordinance which would reserve, or allocate, a certain amount of the unused water supply capacity for non-residential use. Non- residential use includes commercial, industrial and tax-exempt (i.e., governmental, non-profit, religious, etc.) uses. The current split between residential water demand and non-residential water demand is 81% and 19%, respectively. One allocation proposed below would allow for a long-term split of 75% and 25%, respectively: Proposed Water Supply Allocation Existing New Demand Demand Total Demand Residential 25.9 mgd 8.0 mgd 33.9 mgd Non-Residential 6.1 mgd ~ ~ Total 32.0 mgd 13.0 mgd 45.0 mgd Under the allocation concept, the City would not allow new residential demand beyond an additional 8 mgd, which is estimated to be about 40,000 new housing units. Obviously, this would not have an immediate effect on development and it would be subject to review and revision by City Council as the City developed and new supplies were secured. RECOMMENDED ACTION The Water Task Force has reviewed and discussed the alternatives above, and recommends Alternative 3. Submitted by: D~e~or, Depanmen~Publi~ Ut~ties Date: ~/~//~ Reviewed by: 4 - 14- Item IV-I. 3. ORDINANCES ITEM # 44016 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to APPROPRIATE $45, O00 from the General Fund Balance re an interest-free loan to the Princess Anne Court House Volunteer Rescue Squad for purchase of a replacement ambulance and three stretchers. Voting: 10-0 (By ConsenO 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. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 1, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO APPROPRIATE $45,000 FROM THE GENERAL FUND, FUND BALANCE FOR THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE PRINCESS ANNE COURT HOUSE VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF A REPLACEMENT AMBULANCE AND THREE STRETCHERS WHEREAS, the Princess Anne Court House Volunteer Rescue Squad ('Rescue Squad") has determined that it is unfeasible to continue to operate one of its current ambulances, given its high maintenance needs and frequent service failures; WHEREAS, the Rescue Squad has applied for and received a State Rescue Squad Assistance Grant in the amount of $39,000, which will be applied toward the purchase of a replacement ambulance, alon9 with an additional $2,000 in available funds; WHEREAS, an additional $45,000 is needed for the Rescue Squad to purchase the replacement ambulance and stretchers; WHEREAS, the Rescue Squad has represented that its fund- raising efforts will provide sufficient funds to repay an interest- free loan from the City of Virginia Beach to Rescue Squad program in the amount of $45,000; and WHEREAS, the Rescue Squad has previously received interest-free loans from the City and has repaid such loans on time or ahead of schedule; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $45,000 are hereby appropriated from the General Fund, fund balance for the purpose of providing an interest-free loan to the Princess Anne Court House Volunteer Rescue Squad for the purchase of a replacement ambulance and three stretchers; and 2. That the loan is to be repaid in (3) equal annual 36 37 38 39 40 41 42 43 44 45 installments of $15,000 due on the 15th day of September each year, with the first payment to be made on or before September 15, 1999, and the last payment to be made on or before September 15, 2001. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 day of September , 1998. Requires an affirmative vote by a majority of the members of City Council. CA-7121 DATA/ORDIN/NONCODE/EMSPALOA.ORD AUGUST 18, 1998 Ri APPROVED AS TO CONTENT Dep ar t ~e~%~f/Managemen t Servxces APPROVED AS TO LEGAL SUFFICIENCY Department of Law - 15- Rem IV-L 4. ORDINANCES ITEM # 44017 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $11,000 Grant from the State Department of Health, Office of Emergency Medical Services, to the Department of Emergency Medieal Services FY1998-1999 Operating Budget repurchase of defibrillators' Voting.. 10-0 (By ConsenO Council Members Voting Aye: Margaret L. Eure, William Vt/. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor)5, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 1, 1998 1 2 3 4 5 6 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT OF $11,000 FROM THE STATE DEPARTMENT OF HEALTH, OFFICE OF EMERGENCY MEDICAL SERVICES TO THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES FY 1998-99 OPERATING BUDGET FOR THE PURCHASE OF DEFIBRILLATORS. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the General Assembly has established the Two-for-Life Program, which collects two additional dollars on the purchase of each state automobile license to provide financial assistance to volunteer rescue squads; WHEREAS, the State Department of Health, Office of Emergency Medical Services has awarded the City's Department of Emergency Services a matching grant in the amount of $11,000 to purchase defibrillators for the City's volunteer rescue squads; and WHEREAS, the Department of Emergency Medical Services has sufficient funds in its FY 1998-99 Budget for the required match. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a grant in the amount of $11,000 is hereby accepted from the State Department of Health, Office of Emergency Medical Services and appropriated to the FY 1998-9 9 Operating Budget of the Virginia Beach Department of Emergency Medical Services to purchase defibrillators for the City's volunteer rescue squads. 2. That estimated revenue from the Commonwealth in the FY 1998-99 Operating Budget is hereby increased by $11,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ftrstday of September , 1998. Requires an affirmative vote by a majority of the members of City Council. 26 27 28 29 CA-7120 DATA/ORDIN/NONCODE/EMS2FLG. ORD AUGUST 18, 1998 R1 3 0 APPROVED AS TO CONTENT 31 34 35 APPROVED AS TO LEGAL Department of Law -16- Item IV-I.$. ORDINANCES ITEM # 44018 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple re park and otherpublicpurposes for Bow Creek Neighborhood Park Project (CIP 4-003), either by agreement or condemnation. Voting: 10-0 (By Consent) 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. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. 34. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 1, 1998 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR PARK AND OTHER PUBLIC PURPOSES FOR BOW CREEK NEIGHBORHOOD PARK PROJECT (CIP 4-003), EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists to acquire property adjacent to Bow Creek Recreation Center from Shivam Investment Inc., a Virginia corporation, for the construction of a park and other public purposes and for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all that certain real property in fee simple, as shown on the plat entitled "PLAT SHOWING PROPERTY OF SHIVAM INVESTMENT, INC., INCLUDING: PARCELS B & C, SECTION 8, SUBDIVISION OF PRINCESS ANNE PLAZA (M.B. 107, PG. 60) PORTION OF LOT 21, SECTION 8, BLOCK 2, SUBDMSION OF PRINCESS ANNE PLAZA (M.B. 129, PG. 20) AND PUMP STATION SITE 3, SECTION 8, SUBDIVISION OF PRINCESS ANNE PLAZA (M.B. 107, PG. 60) FOR THE CITY OF VIRGINIA BEACH, VIRGINIA" on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day September of ,1998. APPR(~;ED AS TO CONTENTS ~.~ SIGNATUI~ DEPARTMENT APPROVED AS TO LEGAL -17- Item IV-L 6. ORDINANCES ITEM # 44019 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED: REFUNDS: License - $16,084.55 Tax - $ 8,346.58 Voting: 10-0 (By ConsenO 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. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 1, 1998 F?RM N(Z C.A. 8 REV. PAGETHREE OFTHREE AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OFTHE COMMISSIONER OFTHE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID PONTER RICHARD G 1998 01/23/98 10.00 0.33 10.33 R A GARRET'I' APPRAISERS INC 1998 01/09/98 65.82 2.19 68.01 RAGIN CAJUN INC 1998 05/06/98 46.49 1.54 48.03 RAMSEY CHRIS W 1998 03/19/98 8.58 0.28 8.86 SCORE REALTY INC 1998 01/07/98 30.50 1.01 31.51 SHORE DRIVE ASSOCIATES INC 1998 02/24/98 229.43 7.64 237.07 SMITH NILE DEAN 1998 05/16/98 6.22 0.20 6.42 SOVRAN ACQUISITION 1998 01/21/98 1,102.03 36.71 1,138.74 SPENCER LAVERNE K 1998 03/02/98 35.73 1.19 36.92 STATES ROOFING CORPORATION 1998 03/06/98 29.83 0.99 30.82 TIDEWATER BARTENDING INSTITUTE 1998 01/09/98 93.35 3.11 96.46 UNG JONATHAN S 1998 02/05/98 15.07 0.50 15.57 VIRGINIA STRAND ASSOCIATES 1998 AUDIT 18.70 0.62 19.32 VISTA INTERNATIONAL INC 1998 02/19/98 26.90 0.89 27.79 VULCAN MATERIALS CO 1995-1998 AUDIT 2,760.91 729.11 3,490.02 WINDMILL CONSTRUCTION INC 1998 02/03/98 11.18 0.37 11.55 This ordinance shall be effective from date of adoption. The above abatement(s) to $5,277.42 City of Virginia Beach on the ].st Certified as to/payrpent: ~ i ~'.~_~ ~Philip J. K~llam ' ~ ' Commissioner of the Revenue Approved as to form: L~l~eA.. Lille¥ City Attorney were approved by the Council of the day of September ,19 98 Ruth Hodges Smith City Clerk FORM NO. C.A~ 8 REV. NAME PAGE TWO OF THREE AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE BASE INTEREST TOTAL YEAR PAID EDISON BROS APPAREL STORES INC 1997 ERICAS BEAUTY SIPPLY LTD 1996-1998 FARMER ANTHONY BYRON 1998 FLAMING ASS PRODUCTIONS INC 1995-1998 FLORES BENJAMIN 1996-1998 GARCIA ARTEMIO 1996-1998 GARRETTE CHARLES B 1996-1998 GEORGIO CONSTRUCTION INC 1998 GOLDBAR INC 1998 HAMMOND RALPH 1996-1998 HARDY ADRIENNE 1996-1998 HOSTETLER CHARLES V 1998 JEPSEN CHARLES E JR 1998 KERSHNER RICHARD B 1998 KUNSUK INC 1998 LAMBERT C F 1996-1998 MAEHATA ASATO 1998 MASClOLA BONNIE K 1998 MAID BRIGADE SYSTEMS INC THE 1995-1996 MATIKA & ASSOCIATES INC 1998 MED FA B S INC 1998 MELTON IVER W 1998 MOBILE PRO INC 1998 MODI SEVANTI & ILA 1998 MOORE DAMON F & IRENE E 1996-1998 NELSON REFRIGERATION INC 1998 NEWTOWN ASSOCIATES INC 1998 OMTVEDT STEVEN C 1998 O'I-I'AVI LEWIS A & DOROTHY M 1998 PANGAEA'S BREAD INC 1998 PARADEE ROBERT J 1998 This ordinance shall be effective from date of adoption. The above abatement(s) to $2,491.61 City of Virginia Beach on the 1st Ruth Hodges Smith City Clerk AUDIT 333.54 41.68 375.22 AUDIT 20.00 0.00 20.00 01 ~30~98 12.00 0.39 12.39 AUDIT 57.67 0.33 58.00 AUDIT 18.00 0.00 18.00 AUDIT 34.80 0.00 34.80 AUDIT 57.00 0.00 57.00 02~24~98 160.00 5.33 165.33 05~05~98 3.83 0.12 3.95 AUDIT 12.42 2.79 15.21 AUDIT 1.33 0.01 1.34 02103198 2.96 0.09 3.05 02/22/98 3.13 0.10 3.23 01109/98 21.55 0.71 22.26 02117/98 28.00 0.93 28.93 AUDIT 68.26 48.63 114.89 01/28/98 14.41 0.48 14.89 01116/98 5.95 0.19 6.14 AUDIT 567.25 0.00 567.25 02/17~98 5.60 0.18 5.78 02~05~98 42.99 1.43 44.42 01/09/98 59.87 1.99 61.88 01/23/98 62.83 2.09 64.92 01/20/98 14.14 0.47 14.61 AUDIT 148.40 76.42 224.82 01/30/98 411.04 13.69 424.73 08/10/98 47.95 1.59 49.54 01/08/98 47.06 1.56 48.62 02/03/98 17.21 0.57 17.78 03/22/98 10.25 0.34 10.59 04/17/98 2.00 0.06 2.06 Certified as to payment: .,-7 Philip J. Kellal'n' · Commissioner of the Revenue Approved as to form: ~e~~ city Attorney were approved by the Council of the day of September ,19 98 FORM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Year of Tax Number tion No. Paid Penalty Int. Total Church Point Homeowh§rs Assoc 1998 RE(2/2) 98-022288.0 Church Point Homeowners Assoc 1998 RE(2/2) 98-022291~5 Church Point Homeowners Assoc 1998 RE(2/2) 98-022292-4 Church Point Homeowners Assoc 1998 RE(2/2) 98-022315-7 Stanley, Anna Maria 1998 RE(2/2) 98-116183-6 Church Point Homeowners Assoc 1998 RE(2/2) '98-022316~6 Gammon, Gordon R. 1995 RE(l/2) 95-041606-8 Gammon, Gordon R. 1995 RE(2/2) 95-041606-8 Gammon, Gordon R. 1998 RE(l/2) 98-043379-6 Gammon, Gordon R. 1998 RE(2/2) '98-043379-6 Gammon, Gordon R. 1997 RE(l/2) 97-043017-5 Gammon, Gordon R. 1997 RE(2/2) 97-043017-5 Gammon, Gordon R. 1996 RE(l/2) 96-042521-7 Gammon, Gordon R. 1996 RE(2/2) 96-042521-7 Packer, Richard T. & Tamar 1998 RE(l/2) 98-092276-7 Packer, Richard T. & Tamar 1998 RE(2/2) 98-092276-~ Sandler, Arthur 1998 RE(l/2) 98-073124-1 Terry Peterson Resident Three 1998 RE:(2/2) 98-138751-2 Elmer, Bradley & Barbara 1998 RE(l/2) 98-036268-4 Elmer, Bradley & Barbara 1997 RE(l/2) 97-035982-2 Elmer, Bradley & Bar~ara 1997 RE(2/2) 97-035982-2 Elmer, Bradley & Barbara 1997 RE(l/2) 95-034705-3 Elmer, Bradley & Barbara 1997 RE(2/2) 95-034705-3 Elmer, Bradley & Barbara 1996 RE(l/2) 96-035432-9 Elmer, Bradley & Barbara 1996 RE(2/2) 96-035432-9 Hartley, Johnnie & Page 1998 RE(l/2) 98-052338-7 Hartley, Johnni'e & Page 1998 RE(2/2) 98-052338-7 Wong, Bon Wai & Tse Yi'ng 1998 RE(l/2) 98-134240-0 Wong, Bon Wai & Tse Yi'ng 1998 RE(2/2) 98-134240-0 Wong, Bon Wai & Tse Ying 1996 RE(l/2) 96-131970-4 Wong, Bon Wai & T§e Ying 1996 RE(2/2) 96-131970-4 Wong, Bon Wai & Tse Ying 1997 RE(l/2) 97-133372-3 Wong, Bon Wai & Tse Ying 1997 RE(2/2) 97~133372-3 Sawyer, William E. 1998 RE(l/2) 98-107465-4 Va. Beach Home Inc. 1998 RE(l/2) 98-109211-7 Mitchum, Marion P. 1998 RE(l/2) 98-083957-2 Mitchum, Marion P. 1998 RE(2/2) 98-083957-2 Mitchum, Marion P. 1997 RE(l/2) 97-083355-1 Mitchum, Marion P. 1997 RE(2/2) 97-083355-1 Mitchum, Marion P. 1996 RE(l/2) 96-082174-3 Mitchum, Marion P. 1996 RE(2/2) 96-082174-3 Luke Construction Co., Inc. 1996 RE(l/2) 96-072978-2 Luke Construction Co., Inc. 1996 RE(2/2) 96-072978-2 Luke Construction Co., Inc. 1997 RE(l/2) 97-073932-4 Luke Construction Co., Inc. 1997 RE(2/2) 97-073932-4 TOTAL: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $8;346.58 were approved by the Council of the City of Virginia Beach on the ]S_~day of Sept. eraber .1998 CE Jol 06/05/98 76,13 06/05/98 89.68 06/05/98 386.90 06/05/98 191.88 06/01/98 100.72 06/02/98 1.73 11/23/94 47.22 05/21/95 47.22 11/25/97 58.51 05/19/98 58.51 11/18/96 53.19 05/19/97 53.19 11/24/95 49.21 05/17/96 49.21 11/25/97 59.34 05/19/98 59.34 12/05/97 6100.00 07/31/98 56.21 9.89 66.10 11/25/97 24.40 10/22/96 24.40 05/19/97 24.40 12/05/94 17.10 05/23/95 17.10 12/05/95 17.82 04/24/96 17.82 12/03/97 21.99 06/04/98 47.06 11/07/97 15.72 05/22/98 15.72 11/16/95 15.30 05/21/96 15.30 11/15/96 15.72 05/12/97 15.72 11/21/97 13.58 11/21/97 24.37 12/05/97 36.60 05/15/98 36.60 12/05/96 36.60 06/03/97 36.60 12/05/95 35.64 06/05/96 35.64 12/01/95 63.05 06/05/96 63.05 12/04/96 55.60 06/05/97 55.60 $8,346.58 iT. A~inson'~Treasurer Ruth Hodges Smith City Clerk Approved as to form: , FORM NO. C.A 8 REV. PAGE ONE OF THREE AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ABC SEAMLESS OF THE ALBEMARLE 1998 01/14/98 151.44 5.04 156.48 ACRYLIC DESIGN & FABRICATION 1998 03/12/98 55.30 1.84 57.14 ALL AMERICAN CONTRACTING CORP 1998 01/29/98 148.00 4.93 152.93 ALLEGHENY DESIGN 1998 03/03/98 18.73 0.62 19.35 ALLIANCE REAL ESTATE REFERRALS 1998 01/23/98 37.56 1.25 38.81 AMARK CORPORATION 1998 03/10/98 565.71 18.84 584.55 AQUATECH ENVIRONMENTAL SERVI 1998 03/05/98 101.26 3.37 104.63 AREVALO, CORANDO D 1996-1998 AUDIT 15.54 0.00 15.54 ARMED SERVICES CIVILIAN LEGAL 1997 03/07/97 65.21 7.16 72.37 AVALANCHE PRESS LTD 1998 01/29/98 30.00 0.99 30.99 BEACH FORD INC 1998 05/04/98 140.46 4.68 145.14 B R WILLIAMS & SON INC 1998 04/05/98 23.77 0.79 24.56 BESCHER TONYA & KEVIN 1998 02/05198 8.48 0.28 8.76 BROWN GARY WILSON 1996-1998 AUDIT 58.10 0.00 58.10 BURGETT ROGER 1998 02/24/98 19.86 0.66 20.52 C & T EQUIPMENT CO INC 1998 02124/98 157.25 5.23 162.48 CBC ENTERPRISES INC 1998 03/09/98 5,321.55 177.31 5,498.86 CANNADY ARCHIE TED 1998 03/06/98 182.00 6.06 188.06 CAPITAL INTERIOR CONTRACTORS I 1996-1998 AUDIT 243.73 11.79 255.52 CASAREZ CAROLINA & CARLOS 1998 03/02/98 66.85 2.22 69.07 CHRISTIAN CLEANING SERVICES INC 1998 03/10/98 18.35 0.61 18.96 CIULA PETER G 1998 02102/98 25.21 0.83 26.04 CLAMPITT JAMES M & CORA MAE 1998 02/20/98 2.00 0.06 2.06 COLVIN ENTERPRISES INC 1998 03/18/98 172.94 5.76 178.70 CREATIVE DESIGNS BY SANDRA INC 1998 01/23/98 294.57 9.81 304.38 DEAVER DAVID L 1998 02/10/98 11.95 0.39 12.34 DILLON SANDRA LYNN 1998 03/12/98 14.09 0.46 14.55 DISTECH CORP 1998 02/03198 53.78 1.79 55.57 DIVERSIFIED CONCEPTS INC 1998 04/27/98 2.00 0.06 2.06 DOVE CONSTRUCTION CORP 1998 01/09/98 33.43 1.11 34.54 DRISCOLL ROBERT L 1998 01/14/98 2.39 0.07 2.46 This ordinance shall be effective from date of adoption. The above abatement(s) to $8,315.52 City of Virginia Beach on the 1st were day Ce~fie~.d as/to pa~ym~.~;~2//,~ Philip J. I~&llam .... Commissioner of the Revenue Approved as to form: (l,~li~ L. Lilley -,,~.~___.~, City Attorney approved by the Council of the of September ,19 98 Ruth Hodges Smith City Clerk - 18- Item IV-J. 1. APPOINTMENTS ITEM # 44020 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY SER VICES BOARD DEVELOPMENT A UTHORITY WETLANDS BOARD September 1, 1998 - 19- Item 1V-J. 2. APPOINTMENTS ITEM # 44021 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: IV. Leigh Ansell, Esq. No Term OPEN SPA CE AD VISOR Y COMMITTEE 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. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 1, 1998 - 20- Item IV-J.3. APPOINTMENTS ITEM # 44022 Upon NOMINATION by Vice Mayor Sessotns, City Council APPOINTED: Wanda Crabtree At-Large Unexpired thru 8/31/2001 Walter IV. "Wally" Erb Kempsville - District 2 3 year term 9/1/98 thru 8/31/2001 AND, REAPPOINTED: Ray Marion Rose Hall - District 3 3 year term 9/1/98 thru 8/31/2001 Lillie R. Gilbert At-Large 3 year term 9/1/98 thru 8/31/2001 PARKS AND RECREATION COMMISSION Voting: 1 O- 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. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 1, 1998 Item IV-J. 3. APPOINTMENTS - 21 - ITEM # 44023 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Robert "Bob" Barnaby, Jr. No Term SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD 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. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 1, 1998 - 22 - Item IV-K. 1. UNFINISHED BUSINESS ITEM # 44024 Clarence Warnstaff, Director of Public Utilities and Acting Director of Public Works, presented information relative the response to Hurricane "Bonnie". Late Thursday evening, the Moores Bridges Water Treatment Plant, which is operated by the City of Norfolk, lost electrical power. Mr. Warnstaff was notified at approximately 10:00 P.M. Thursday evening. Both of the two major electrical feeds into this Plant were lost. Virginia Power recognizes the importance of maintaining water service in our region. Their crews responded and within approximately three hours to four hours, electrical power was restored. During this period of time, Norfolk was able to continue to provide limited water supply to itself, Virginia Beach and Chesapeake, because they were utilizing water that had already been previously treated and stored at the plant. There is water storage capacity in the system. Based upon the water demand experienced, water could have continued to be provided to the citizens for approximately ten to twelve hours. The plant was in operation early Friday morning. Relative the Sanitary Sewer System, because Virginia Beach encompasses a large area and the City is very fiat, there are approximately 380 sanitary sewerpumping stations throughout the City. Each subdivision has at least one. Around midnight Thursday evening, it is estimated approximately 75% (290) of the Sanitary Sewer Pumping Stations did not have electrical power. Beginning Thursday evening, the City was in Emergency Operation. Crews were activated. The process is to move auxiliary pumps around to all the stations (i.e. pump one station down --, move on to another station, a continuous cycle of moving auxiliary pumps throughout the City). At the height of the storm with the heavy winds, rain and trees failing, it was necessary to pull the crews back in. It was not safe to be in the streets in the early morning hours. Since Thursday night, the crews for the Sanitary Sewer Bureau have operated 12 hours on and 12 hours offi A twenty-four hour day operation was established to ensure sanitary sewer flow remained within the system. However, there were some spills. There were approximately twenty to twenty-five sanitary sewer spills. The City is in the process now of debriefing the crews, receiving reports in order to arrive at a more definitive number. Under States regulations, the City is required to report ail spills to the Virginia Department of Environmental Quality. As 75% of those stations were out of power for such an extended period of time, Mr. Warnstaff was pleased to report the spillage was only at these few locations and not in large amounts. As City Council is aware and because of the high winds and rain, there was a tremendous amount of debris that was deposited on the roadway network. Over the last four days, there have been numerous streets in Virginia Beach that have had to be closed because of this debris and downed power lines. The majority of the effort exerted by Public Works and General Services on Friday was to make the roads passable. This was the first order of business. On Friday, the staff basicaily cut up limbs and trees and pushed them to the side of the road Effort was not made on Friday to pick up debris, but principally to clear the roadways. With the large portion of the City without electric power, many traffic signals did not operate. The police were at major intersections directing traffic. As electrical power was restored, the traffic operations personnel responded and placed the traffic signals back into operation. The staff worked all day on Saturday and Sunday to commence the process of picking up debris. There were approximately 400 City employees working both Saturday and Sunday. However, this was just a "dent" in the removal It is estimated there are between 350, 000 and 500,000 cubic yards of wood debris. With this large quantity, it is necessary to activate contracts previously prepared as part of the City's Emergency Plan and bring in the private sector to assist the City's forces. The City staff needs to return to their normal operations, as the City still has the day-to-day responsibility of providing service to the residents. The expectations are this debris should be removed as soon as possible. Four contracts are being activated. Subcontractors will be working under these four contracts. In the context of their expertise, two of these subcontractors are very large. These subcontractors are coming from Atlanta Georgia, and Raleigh, North Carolina. This process actually commenced Monday morning. It is anticipated by the close of business tomorrow, Wednesday, September 2, 1998, with the mobilization of the private sector under these contracts, there will be approximately 200 pieces of equipment in operation for the purpose of collecting, disposing and grinding the wood debris. This debris will be hauled to one of three temporary storage and reduction sites: (1) Landfill H (2) Potters Pit and (3) Creed's Airfield. When the wood debris is brought to these locations, it will be ground into mulch. All this debris will be reduced to mulch and made available free- of-charge to the residents. The remaining mulch will be landfilled The Department of Public Works, General Services and the private contractors working for the City will continue to work seven days a week in order to coilect yard debris. All special pickups of bulky items have been suspended until all the storm debris has been picked up. The delivery to citizens of individual trailers has been temporarily suspended. At this particular time, this is not an efficient use of this equipment. September 1, 1998 - 23 - Item IV-K. 1. UNFINISHED BUSINESS ITEM # 44024 (Continued) Residents are requested to continue to deposit the debris at the curb side in piles that are 4feet by 4feet. However, the City is going to be very liberal, yard debris will be picked up even if it is not this size. Residents are requested to be careful where they deposit debris at the curbside. They are requested not to place the debris on top of fire hydrants, telephone enclosures, cable enclosures or any utility structure. Residents are requested to be patient. This process should entail three full weeks. In an effort to pick up all the debris, the goal is to make two passes through each subdivision. Residents are requested to move all debris to the side of the street as soon as possible to facilitate the pickup. Residents are requested to not call 911for garbage or debris pickup, as this is not an appropriate use of this number. This number must be available for police and emergency management services and fire calls. Art Shaw, Public Works Operations Manager, advised he did not believe there was any size tree the City will not pick up. The grinders will handle any size tree. The Contractor crews will be picking up the large piles of wood debris but leave the clear plastic bags of leaves. The waste management crews will be coming through on their normal schedule to retrieve this debris. Council Lady Parker extended appreciation to the VEPCO crew from Staunton, Virginia and the City staff for their marvelous and expedient job in the southern of the City. Mr. Warnstaff advised the estimated cost of the outside contractors for the debris removal and the disposal is approximately $2-MILLION. Besides the wooden debris, glass and aluminum siding from houses will also be removed. Vice Mayor Sessoms complimented Messrs Warnstaff and Shaw and was most thanlcful for the reserve fund Mr. Warnstaff advised a press release was issued this morning relative the City's response to Hurricane "Bonnie ". These releases will be continued to ensure the citizens have an understanding of the City's expectations and our service delivery. All press releases are carried on Channel 48. The issue of purchasing advertising will be discussed with Pamela Lingle, Director of Public Information. Council Lady Henley referenced the damage at Colony Trailer Court and other similar places and asked if the City Staff would be assisting residents with agencies to provide relief Council Lady Henley wished to speak to someone relative specific streets in Pungo. The City Manager advised the agencies are working with citizens affected. The City Inspection staff, Social Services and the Red Cross, in the more severe cases, are assisting in terms of essential services relative safe housing, etcetera. The residents may call City Hall and will be assisted in contacting the appropriate agency. In terms of the Colony Trailer Court, the staff was there Friday morning assisting those residents. Damage surveys have been conducted street-by-street, house-by-house. The Staff is working with State and Federal Emergency Management to secure a Disaster Declaration and provide the documentation necessary to hopefully recover some of the extra funding. Councilman Branch commended the staff and was most grateful to the Mayor for her astute and successful handling of the local and national press. The Mayor was present at the crack of dawn, right after the incident occurred, as the City's representative. Mayor Oberndorf advised Councilman Branch was extremely courageous in his attendance on Friday morning at the Press Conference. Due to the excessive damage on his Motel, he will not be open Labor Day Weekend. Mayor Oberndorf extended appreciation to the Members of City Council for their support and their ability to stay calm, the City Manager, Director of Public Utilities and his staff of professionals, Fire, Police, and the City Clerk and her staff with the Print Shop for printing and delivery of the Agenda. Mayor Oberndorf advised the City Manager will conduct a Staff Briefing on Thursday relative the status of the response to Hurricane "Bonnie". September 1, 1998 - 24 - ITEM # 44025 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: P UBLICL Y-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). 31st Street Project Rudee Loop Project Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into EXECUTIVE SESSION (2:52 P.M.). Voting: 11-0 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, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 1, 1998 Beso u on 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 # 4402.5, Page 24, 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. ~th Hodges Smith, CMC/AAE City Clerk September 1, 1998 - 25- ITEM # 44026 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, September 1, 1998, at 3.'44 P.M. Council Members Present: Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf , Nancy K. Parker and Vice Mayor William D. Sessoms Council Members Absent: Margaret L. Eure and A. M. "Don" Weeks September 1, 1998 - 26- CER TIFI CA TION OF EXECUTIVE SESSION ITEM # 4402 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf , Nancy K. Parker and Vice Mayor William D. Sessoms Council Members Voting Nay: None Council Members Absent: Margaret L. Eure and A. M. "Don" Weeks September 1, 1998 - 27- Item IV-M. AD JO URNMENT ITEM # 44028 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:45 P.M. Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 1, 1998