HomeMy WebLinkAboutAUGUST 24, 1999 MINUTESCITY COUNCIL
MA FOR MEYERA E OBERNDORF At Large
VICE MAYOR WILLIAM D SESSOMS JR At Large
UNWOOD 0 BRANCH III Dlstrwt 6-Bea(h
MARGARET L EURE District I Cenlervdl¢
WILLIAM W HARRISON JR District 5 Lynnhaven
HAROLD HEISCHOBER At Large
BARBARA M HENLEY District 7 Prmcess Anne
LOUIS R JONES District 4 Baystde
REBA S McCLANAN District 3 Rose Ilall
NANCY K PARKER At Large
A M (DON) WEEKS District 2 gempsvtlle
JAMES K SPORE City Manager
LESLIE L LILLEY Cay Attorney
RUTH HODGES SMITH CMCIAAE Cuy C~erk
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL AGENDA
OUR N~.'00~
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 2J456-9005
PllONE (7571427-4~05
FAX (7571 426 5669
EMAIL CTYCNCL~CITY VIRGINIA-BEACH VA
CITY MANAGER'S BRIEFINGS
August 24, 1999
- Conference Room -
3:30 PM
o
.
CITY EMPLOYEE DENTAL BENEFITS [30 min.]
Lynn Sachs, Benefits Coordinator
FERRELL PARKWAY VI - Development Participation Agreement [30 min.]
Robert J. Scott, Director, Department of Planning
Clarence Warnstaff, Director, Department of Public Utilities/Public Works
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
5:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber-
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
El
Reverend G. Keith Almond
Community United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
il
INFORMAL & FORMAL SESSIONS -
CERTIFICATION OF SECRETARY OF THE COMMONWEALTH
re receipt of certified Transportation Ordinance in accordance with
Code of Virginia, Sec. 15.2-4504
August 10, 1999
G.
AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered
tn the ordinary course of business by City Council to be enacted by one motion.
He
PUBLIC HEARING
1. LOCAL LAW ENFORCBMENT BLOCK GRANT FUNDS ($274,346)
I. ORDINANCES/RESOLUTION
.
1
.
.
.
.
.
Ordinance to AMEND the City Code by ADDING Section 33-18.1 re newsraeks and
newspaper vending machines on public property.
Ordinance to ACCEPT and APPROPRIATE $274,346 in local law enforcement block
grant funds from the Federal Bureau of Justice Assistance re reducing crime and
improving public safety; TRANSFER $30,483 from the General Fund Reserve for
Contingencies as the City's required match; and, estimated revenue from the federal
government be increased accordingly.
Ordinance to ACCEPT and APPROPRIATE a $52,232 Reimbursement Grant from the
State Department of Health, Office of Emergency Medical Services, to the FY 1999-2000
Operating Budget of the Department of Emergency Medical Services re Two-for-Life
Program and purchase of defibrillators, other supplies and equipment; and, estimated
revenues from the Commonwealth be increased accordingly.
Ordinance to authorize the City Manager to TRANSFER $2,760 from the General Fund
Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Police Department
re reimbursing a police officer for legal fees and expenses incurred by him in his defense
of a criminal charge arising out of an act committed in the discharge of his official duties.
Ordinance to grant HYPERION COMMUNICATIONS OF VIRGINIA, L.L.C., d/b/a
ADELPHIA BUSINESS SOLUTIONS, a temporary nonexclusive revocable license to
construct, maintain and operate telecommunication facilities in, over, under and across the
public ways of the city; and, direct the City Manager to execute such Agreement.
Resolution re appointment of Rebecca D. Kubin to the position of Assistant City Attorney
effective September 16, 1999.
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Action Taxicab Company
J. PUBLIC HEARING- PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
o
Application of THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA for a
Conditional Use Permit for a church (expansion) on the West side of South Independence
Boulevard, South of Dahlia Drive (1917 South Independence Boulevard), containing 38,693
square feet (ROSE HALL- DISTRICT 3).
Recommendation:
APPROVAL
,
,
Application of MRP DESIGN GROUP for a Conditional Use Permit for an automobile
service station in conjunction with a convenience store and automobile repair shop (auto
detailing) at the Northeast comer of Holland Road and Lynnhaven Parkway (3282 Holland
Road), containing 1.853 acres (PRINCESS ANNE - DISTRICT 7).
Recommendation:
APPROVAL
Application of NORMAN CONSTRUCTION COMPANY, INC., for a Change of Zoning
District Classification from R-7.5 Residential District to Conditional I-1 Light Industrial
District on the North side of Baker Road beginning at a point 1300 feet more or less East of
Newtown Road, containing 2.696 acres (BAYSIDE - DISTRICT 4).
Staff Recommendation:
Planning Comm. Recommendation:
DENIAL
APPROVAL
Ke
APPOINTMENTS
AGRICULTURAL ADVISORY COMMISSION
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PARKS AND RECREATION COMMISSION
L. UNFINISHED BUSINESS
M,
NEW BUSINESS
1. COUNCIL HOUSE RULES
"OUR CODE OF CONDUCT"
2. COUNCIL PROTOCOL
"GUIDELINES FOR COUNCIL OPERATIONS"
3. COUNCIL LIAISONS
"GUIDELINES"
4. ABSTRACT OF CIVIL CASES RESOLVED- JULY 1999
N. ADJOURNMENT
08\19\99bap
AGENDA\08~.4\99
www.virginia-beach.va.us
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call thc CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TDD only 427-4305
(TDD - Telephonic Dcvscc for the Deaf)
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~nia Beach, V~rg~nia
August 24, 1999
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re CITY EMPLO YEE
DENTAL BENEFITS in the Council Conference Room, Ctty Hall Butldtng, on Tuesday, August 24, 1999,
at 3 30 P.M.
Council Members Present:
Ltnwood O. Branch, III, Margaret L Eure, Harold Heischober,
Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, and A M "Don" Weeks
Counctl Members Absent.
Vtce Mayor Wilham D Sessoms, Jr
[ENTERED' 3 35 P MI
William W Harrtson, Jr [ENTERED. 3.50 P.M]
-2-
CITYMANAGER'S BRIEFING
CITY EMPLO YEE DENTAL BENEFITS
3:30 P.M.
ITEM # 45343
Lynn Sachs, dotnt Benefits Coordtnator, advtsed relattve Dental Insurance 2000, a Request for Proposals
was circulated on March 22, 1999. Proposals were recetved on Aprtl 26, 1999 An RFP Committee was
appointed consisting of City and School Employees Dental Insurance Proposals were received from'
Delta Dental
Dominion Dental
Trigon
United Concordia
MAMSI
There are currently 1,224 City employees and 1,373 school employees (Total2,597) currentlyparttcipatmg
in the Indemnity Plan (choose your own denttsO 2,272 City employees and 2,549 school employees (Total
4,821) are enrolled tn the Dental Health Maintenance Organization
1999 ANNUAL COST OF DENTAL PLANS CITY AND SCHOOL
DOMINION DENTAL - CURRENT RATES, CURRENT PLANS
CITY CITY SCHOOLS SCHOOLS
Indemnity DHMO Indemnity DHMO
ee only 279 24 150.24 279 40 150 20
ee +chtld 563 44 250.56 563.40 250.60
ee + spouse 563.44 250.56 563.40 250 60
Famtly 777.00 362 88 777.00 363 O0
Annual Cost 567, 065 08 508, 885. 44 639,10 7 40 5 73, 825 80
Total Annual 1,075, 940. 52 1,212, 933 20
Cost
Combined 2, 288, 873.72
Annual Cost
Annual $ over N/A
Current
Annual % over N/A
Current
The Dental Insurance RFP Committee has recommended Dominion Dental to provide the Dental Health
Maintenance Organization and Indemntty Plan. There have been several changes tn the Domtnton Dental
DHMO Benefits
$5 Office Copayment for Diagnostic and Preventive Servtces (Cleaning,
X-rays and Fluoride Treatments)
7% Increase in Copayments for Services Rendered
Decrease in Orthodontia Reimbursement from 50% to 45°/6 (Employee
would be responsible for remaintng 55%)
August 24, 1999
-3-
CITYMANAGER'S BRIEFING
CITY EMPLO YEE DENTAL BENEFITS
ITEM # 45343 (Continued)
DOMINION DENTAL FINANCIAL CONSIDERATIONS
DOMINION DENTAL - PROPOSED RATES, $5 COPA Y PLAN
Ctty City Schools Schools
In dem n t ty DHMO In dem n t ty DHMO
Enrollment 1,224 2, 2 72 1, 3 73 2, 549
Annual Cost $ 618,062.76 $ 534,341.16 $ 696,493 92 $ 602,483.50
9% 5%
Total Annual Cost $ 1,152,403 92 $1,298 977 42
Combtned Annual $ 2,451,381 34
Cost
Annual $ Over $ 162,507 62
Current
Annual % Over
Current 7 10%
DOMINION DENTAL DHMO RATES
5 Year Rate Guarantee
5% Increase 2000
0% Increase 2001
0% Increase 2002
0% Increase 2003
0% Increase 2004
City and School Rate Parity
August 24, 1999
-4-
CITY M/IN/IGER'S BRIEFING
FERRELL P/IRKW/I Y VI - DE VEL OPMENT P/IR TICIP/I TION /i GREEMENT
3:42 P.M.
ITEM # 45344
Robert J. Scott, Director of Planning, dtstrtbuted copies of the Cost Participation Agreement/Portion of
Ferrell Parkway - Phase VI. Said information is hereby made a part of the record. Mr Scott advtsed thts
is now entitled a "Development Participation/igreement", as it goes beyond the issue of cost The staff
outhned to the developer fourteen items regarding development of thts property The applicant has
concurred.
The applicant will submit in advance a site plan govermng the enttre development and a landscape plan
for the tntertor and pertmeter of the property wtth particular attention to parktng (which is a major concern)
The applicant has agreed to a particular architectural destgn and will commtt to a sertes of requtrements
related to the buildtng materials utthzed wtth color control The Planning Dtrector wtll review before the
apphcant proceeds Dumpsters wtll be screened and there wtll be landscaping around mechanical
equtpment. Signs will be monument-style and hmited in height. Certain inappropriate uses, whtch are
allowed by right, will be excluded The apphcant wtll control the location of drtve thru's on the out parcels.
There wtll be a pedestrian and bicycle circulation element wtthin the shopptng center parking lot The
apphcant has agreed to exterior lighting controls and a landscape berm around the pertmeter of the
property which wtll compliment the tmprovements to Ferrell Parkway and Upton Drive The apphcant wtll
commtt to simtlar controls on other B-2 property developed. There is a substantial strip of land now zoned
B-2, whtch the Staffbeheves, because of the configuration, isjust not approprtate to B-2. The developer has
agreed to apply for downzoning on thts particular piece of property, whtch the Council would find more
appropriate The apphcant has agreed to a heavtly landscaped entrance feature that would mark the entry
into the property
Clarence Warnstaff, Dtrector- Department of Pubhc Utdities/Public Works, revtewed the agreement The
purposes of the improvements are to enhance the Ctty's roadway network and thereby tmprove the servtce
to our cittzens The agreement presents the Ctty an opportumty to have the developer dedicate the right-of-
way, design and build a portion of the Ferrell Parkway right-of-way, as well as the extension of Upton
Drive, which offers stgnificant cost savtngs The road network tdentified in the agreement would support not
only the proposed development, but would also provide a connectton for the Red Mill Farms and the Fox
Chase subdivisions to General Booth Boulevard The City beheves these road tmprovements enhance the
roadway network tn this area and are in conformance with the City's Master Transportation Plan
The amount of the right-of-way which the Ctty does not own, and would be de&cated as part of the
agreement, includes 8,500feet of right-of-way, 110 feet in width. The City has requested and worked with
the developer and now tncluded an addttional 1800feet of right-of-way, which was not mcluded tn the
origtnal discusston. The Ctty wtshed to be tn a possesston of all the right-of-way from General Booth to
Sandbridge for the Ferrell Parkway project.. This right-of-way has been valued at approxtmately $1.9-
MILLION.
The Ctty saw an opportunity to reduce the City's costs for these roadway improvements leveraging public
funds with private funds. It ts esttmated that the total CIP costs for an equtvalent project to be undertaken
solely by the Ctty would cost approximately $12. 7-MILLION The Ctty's cost tdenttfied as part of the
proposed Development Agreement would be $2.9-MILLION, representtng a savtngs to the Ctty of $9.8-
MILLION. Recogntzing there is aproposed development acttvity, the savings would be more tn hne between
$2.7 and $4-MILLION.
If the City were not to embark upon these tmprovements at this ttme, as thts is a 6-year program, it would
be 6 years before addttional programs could be added. These tmprovements would lessen the traffic
congestton existtng between Princess Anne Road and General Booth Boulevard and also Princess Anne Road
and Sandbrtdge Road tntersecttons. The tmprovements provide an alternate means for traffic other than
General Booth There are certain water and sewer lines existing today in this alignment. These would have
to be relocated to Upton Drive In the Ctty's review of the files, it was found that the City had made an
apparent commitment to relocattng these water and sewer hnes back in 1985 Regardless, of whether Ctty
Counctl authorizes the Development/igreement at some future time when this area ts developed, the tssue
of relocating the water and sewer hnes must be addressed The cost would entatl approximately $350,000.
These funds would be derived from the Water and Sewer Enterprise Fund, but not from the Ctty's General
Fund.
August 24, 1999
-5-
CITY M/INA GER 'S BRIEFING
FERRELL PARKWAY VI - DE VEL OPMENT PAR TICIP/I TION AGREEMENT
ITEM # 45344 (Continued)
OUTLINE OF R O/ID IMPROVEMENTS
Ferrell Parkway
Four-lane &vided controlled access roadway with scemc buffer and btke
path.
Extend from General Booth Boulevard to 50' east of the Upton Drtve
Intersection
Intersectton wtth Upton Drive shah include a free-flow right-turn lane from
Ferrell Parkway onto Upton Drive south.
Upton Drive
Four-lane un&vided roadway between Ferrell Parkway and Warner
HaH Drtve
Two-lane extenston between Warner HaH Drtve and existtng four-lane
roadway
Four-lane divtded controlled access roadway with scemc buffer and btke
path between FerreH Parkway and Princess Anne Road/Sandbridge Road
Intersectton wtth Prtncess Anne Road/Sandbrtdge Road shah include a
free-flow right-turn lane onto Upton Drive north.
Traffic Signals
Princess Anne Road/Sandbrtdge Road and Upton Drive intersection
Ferrell Parkway and Upton Drtve tntersectton
Ferrell Parkway and General Booth Boulevard tntersectton
Shopping center entrance on FerrelI Parkway between Newstead Drive and
Upton Drive
Landscaping
Ferrell Parkway and Upton Drive sections will include landscaptng as
required by Ctty specifications
Modification
The requtrements for signalizatton and turn lanes shah be subject to
modificatton in accordance with the approved plans
Council Lady Eure tntroduced Eric Anderson, the developer, President of Lakestde Constructton and
expressed appreciation for his cooperatton
Mayor Oberndorf requested the City Attorney assist the Ctty Departments relattve tntentton of the
agreement.
August 24, 1999
-6-
AGENDA RE VIE W SESSION
4:18 P.M.
ITEM # 45345
I I. Ordinance to AMEND the Ctty Code by ADDING Sectton 33-
18 1 re newsracks and newspaper vending machines on pubhc
property.
This ttem will be discussed during the Formal Session
ITEM # 45346
13. Ordinance to ACCEPT and APPROPRIATE a $52,232
Retmbursement Grant from the State Department of Health,
Office of Emergency Me&cal Services, to the FY 1999-2000
Operatmg Budget of the Department of Emergency Medical
Servtces re Two-for-Life Program and purchase of
defibrillators, other supphes and equtpment, and, esttmated
revenues from the Commonwealth be increased accordingly
Counctl Lady Henley tnqutred relative the amount the amount returned to the locahty. The Two-for-Life
program collects two additional dollars on each state automobile hcense purchased annually The City
Manager shall provtde informatton
ITEM # 4534 7
14. Ordinance to authorize the Ctty Manager to TRANSFER $2,760
from the General Fund Reserve for Conttngencies to the FY
1999-2000 Operating Budget of the Pohce Department re
reimburstng apolice officer for legal fees and expenses tncurred
by htm in his defense ora crtmtnal charge aristng out of an act
commttted tn the dtscharge of hzs officml duttes
The City Attorney advtsed Council Lady Eure that the Cay cannot defend the pohce officer agatnst a
criminal charge, as theyprosecute Crimtnal charges. The officer must hire outside counsel to represent btm
ITEM # 45348
15. Or&nance to grant HYPERION COMMUNICATIONS OF
VIRGINIA, L.L. C., d/b/a ADELPHIA BUSINESS SOL UTIONS, a
temporary nonexclusive revocable license to construct, matntam and
operate telecommunication factTities tn, over, under and across the
pubhc ways of the city, and, direct the City Manager to execute such
Agreement
Counctl Lady Parker expressed concern relattve the overhead areas The City Manager advised thts wtll
probably be the last cable permitted tn those existtng overhead factlittes. An addittonal facthty would requtre
another pole. Council Lady McClanan advtsed she will vote NAY on thts ttem
August 24, 1999
-7-
AGENDA RE VIEW SESSION
ITEM # 45349
BY CONSENSUS, the following items shall compose the CONSENT AGENDA'
O~INANCES/RESOL UTION
12
Or&nance to ACCEPT and APPROPRIATE $2 74, 346 tn local
law enforcement block grant funds from the Federal Bureau of
Justice Assistance re reducing crime and improving public
safety; TRANSFER $30,483from the General Fund Reserve for
Contingencies as the City's requtred match, and, esttmated
revenue from the federal government be tncreased accordingly
13.
Ordtnance to ACCEPT and APPROPRIATE a $52,232
Retmbursement Grant from the State Department of Health,
Office of Emergency Medical Servtces, to the FY 1999-2000
Operattng Budget of the Department of Emergency Me&cai
Servtces re Two-for-Life Program and purchase of
defibrillators, other supplies and eqmpment; and, estimated
revenues from the Commonwealth be increased accordingly.
14.
Or&nance to authortze the Ctty Manager to TRANSFER $2,760
from the General Fund Reserve for Contingencies to the FY
1999-2000 Operattng Budget of the Pohce Department re
retmbursing apolice officer for legal fees and expenses tncurred
by btm in hts defense ora criminal charge artstng out of an act
committed in the dtscharge of hts official duttes
1.5.
Ordinance to grant HYPERION COMMUNICATIONS OF
VIRGINIA, L.L.C., d/b/a ADELPHIA BUSINESS
SOLUTIONS, a temporary nonexclusive revocable license to
construct, maintain and operate telecommunication facilities in,
over, under and across the pubhc ways of the city, and, &rect the
City Manager to execute such Agreement
16. Resolution re appointment of Rebecca D. Kubin to the posttton
of Assistant City Attorney effecttve September 16, 1999.
1 7 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Action Taxicab Company
August 24, 1999
-8-
AGENDA RE VIE W SESSION
ITEM # 45350
J1. Application of THE CITY OF REFUGE CHRISTIAN
CHURCH OF VIRGINIA for a Condttional Use Permtt for a
church (expansion) on the West side of South Independence
Boulevard, South of Dahha Drive (1917 South Independence
Boulevard), containmg 38,693 square feet (ROSE HALL -
DISTRICT 3)
Counctl Lady Eure tnqutred relattve a condttion concerning a written parking agreement with the adjoining
daycare facility that must be submitted and filed with the Planning Department before occupying the umt.
Karen Laslie, Planning Department, advtsed the conditton was deleted at the request of the apphcant The
apphcant has this agreement wtth the Daycare Center, but did not want tt to be attached as a formal
conchtton to the usepermtt. Mrs Laslie believes when the apphcant goes before the Board of Zontng Appeals
for a Variance this will be an tssue.
ITEM # 45351
J 2. Application of MRP DESIGN GROUP for a Condtttonal Use
Permit for an automobile service station in conlunction wtth a
convenience store and automobile repair shop (auto detaihng) at
the Northeast corner of Holland Road and Lynnhaven Parkway
(3282 Holland Road), contaimng 1 853 acres (PRINCESSANNE
- DISTRICT 7)
Council Lady Henley requested a presentatton, as the apphcant has submttted a new revised destgn plan
today Another entrance has been added to serve the Children's World Condtttons need to be revtsed
Counctl Lady Henley expressed concern relattve the stze of the flags and the sign be monument-style
ITEM # 45352
J 3. Application ofNORMAN CONSTRUCTION COMPANY, INC.,
for a Change of Zomng Distrtct Classification from R-7 5
Residential Distrtct to Condittonal I-1 Light Industrial Dtstrtct
on the North side of Baker Road beginning at a point 1300feet
more or less East of Newtown Road, contaimng 2.696 acres
(BA YSIDE- DISTRICT 4)
Councilman Jones advtsed this wdl be dtscussed during the Formal Sesston. Counctlman Jones was
concerned why Planntng staff had such a dtfferent optnion Counctlman Branch had tnchcated concerns to
Councilman Jones that this was a wooded area of which there are not too many in thts particular area. There
are open space acquisition funds avatlable tn the budget and the Ctty needs to be pro-acttve tn these areas
of the City before they become completely asphalted and blacktopped over. The Ctty should examine the
recreational/park opportuntttes and open space
Councilman Heischober satd the evaluation by staff was completely negattve.
Robert J. Scott, Dtrector of Planmng, advtsed tf the City is not careful now funds wdl be expended wtthtn
the next couple of decades on these netghborhoods. The time to act is now Land uses ora questtonable
nature located beside netghborhoods can encourage faster detertoratton The staff considered thts use not
to be in favor for the long term health of thts neighborhood..
August 24, 1999
-9-
AGENDA RE VIE W SESSION
ITEM # 45353
BY CONSENSUS, the following item shall be considered part of the CONSENT AGENDA with
ORDINANCES/RESOL UTIONS. :
J1. Application of THE CITY OF REFUGE CHRISTIAN
CHURCH OF VIRGINIA for a Conditional Use Permit for a
church (expansion) on the West stde of South Independence
Boulevard, South of Dahha Drive (1917 South Independence
Boulevard), containing 38,693 square feet (ROSE HALL -
DISTRICT 3).
ITEM # 45354
Mayor Oberndorf referenced the items under NEgV BUSINESS and Councd Lady Eure's correspondence
of concern' COUNCIL HOUSE RULES "OUR CODE OF CONDUCT"- COUNCIL PROTOCOL
"GUIDELINES FOR COUNCIL OPERATIONS" COUNCIL LIAISONS "GUIDELINES". Mayor
Oberndorf suggested this item be SCHEDULED for the Workshop Session of September 21, 1999
Mrs. Eure referenced her correspondence of August 20, 1999
Council House Rules: The topic "Keep Council Informed" should be
placed under Council Liaisons Gutdehnes The Rules - Treat Each Other
with Respect, Respect each other's Opinion and Point of View and Treat
Everybody Equally should be deleted Relattve the fourth rule. Allow
Time to Discuss Issues - It should be understood that the Mayor sets the
agenda and the responstbtlity should be assumed by Members of Counctl
to request the Mayor to place a matter on the agenda and the approxtmate
time that it may requtre. Thts is rather a "mute" potnt. Relattve the rule
"Closed Session Discussions Stay in Closed Sessions ", more approprtate
language would be "Closed Sessions are Confidential and shah not be
repeated."
Council Protocol: Under Closed Session Confidentiality, followtng the
words "Closed Session discusstons" restate the sentence to read "Closed
Session dtscussions,, ..... ~ ,, star' ,,,"- ,~,~,o~,,'~'A ~ ~ ,~ ~oo,~,,," ....... are confidenttal and shall
not be repeated "Under City Council Requests, utihze the term "contact"
tnstead of "go to" as tn "Legal Requests go--to contact the Ctty
Attorney" Under False or Inaccurate Information Item 1 "The Mayor
and Ctty Council are responstble for holding each other accountable for
false or inaccurate information; and, are encouraged to correct the error
committed as soon as possible "should be restated "If an egregious error
is perceived on the part of a Council member, it shall be heard in a
Closed Session, and a determination made whether the error should be
made part of the public agenda". Under Zoning Matters, the word
"could" should be deleted and the word "may" tnserted as "The Council
Member cauld may meet with developers after Planning Commission has
met and made their recommendation".
Council Liaisons: There should be a clear defimtton of Lead Negotiator,
apart from Ltaisons Define authority, responsibtlity to staff/Council,
reporttng to Council, as appropriate or tf requested by Council, etc
BY CONSENSUS, this item wtll be voted upon during the FORMAL SESSION
August 24, 1999
- lO-
ITEM # 45355
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, Ctty Hall Buildtng, on Tuesday, August 24, 1999, at 4 45
P.M
Council Members Present.
Linwood 0 Branch, III, Margaret L Eure, Wdliam W Harrison, Jr,
Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice
Mayor Wtlliam D Sessoms, Jr. and A. M "Don" Weeks
Counctl Members Absent
None
August 24, 1999
-11-
ITEM # 45356
Mayor Meyera E Oberndorf entertatned a motion to permtt Ctty Council to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnia, as amended, for the followtng purpose'
PERSONNEL MATTERS: Discusston , constderatton or tnterviews of
prospective candidates for employment, assignment, appomtment,
promotion, performance, demotion, salaries, dtsctplimng, or resignatton
of specific pubhc officers, appotntees, or employees pursuant to Section
2 1-344 (A) (1)
To Wit
Boards and Commtsstons
Agricultural Advisory Commtsston
Francts Land House Board of Governors
Parks and Recreatton Commtsston
PUBLICLY-HELD PROPERTY' Dtscusston or constderatton of the
acquisition, or of the dispositton of pubhcly-held real property, where
discusston in an open meettng would adversely affect the bargaming
positron or negottattng strategy of the pubhc body, pursuant to Section
2 1-344(A)(3)
To-Wtt.
Acquisitton of Property Disposition (two parcels) - Beach Dtstrtct
Upon motton by Vice Mayor Sessoms, seconded by Councdman Heischober, Ctty Council voted to proceed
tnto CLOSED SESSION.
Vottng' 11-0
Councd Members Vottng Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W. Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr. and A M "Don" Weeks
Council Members Voting Nay:
None
Councd Members Absent:
None
August 24, 1999
- 12-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
August 24, 1999
6:20 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, City Hall Budding, on Tuesday, August 24, 1999, at 6. 20 P M
Council Members Present.
Linwood O. Branch, III, Margaret L Eure, Wilham W Harrtson, Jr.,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndor~, Nancy K Parker, Vice
Mayor Wilham D Sessoms, Jr. and A M. "Don" Weeks
Counctl Members Absent
None
INVOCATION
Reverend G. Ketth ,4lmond
Commumty United Methodtst Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovta Bank &sclosed there were no matters on the
agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tnchvtdually or tn hts capactty as
an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the
Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vice Mayor Sessoms' letter of danuary
4, 1999, ts hereby made a part of the record.
August 24, 1999
Item V-E.
- 13-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 45357
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed tn Closed Session to which
this certification resolution apphes;
AND,
Only such public business matters as were identified tn the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council
Voting I0-0
Council Members Voting Aye
Ltnwood O. Branch, III, Margaret L. Eure, Wilham W. Harrison, Jr,
HaroM Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndor~, Vice Mayor Wtlham D
Sessoms, Jr. and A. M "Don" Weeks
Councd Members Voting Nay
None
Councd Members Absent'
Nancy K. Parker
August 24, 1999
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 45356, Page 11, 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 Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
odges Smi4Sa, CMC/AAE
City Clerk
August 24, 1999
- 14-
Item V-F. 1
MINUTES
ITEM # 45358
Upon motton by Vice Mayor Sessoms, seconded by Councd Lady Eure, City Councd APPROVED the
Mtnutes oft he INFORMAL AND FORMAL SESSIONS of August 10, 1999.
Voting' I0-0
Council Members Vottng Aye:
Linwood 0 Branch, III, Margaret L Eure, Wtlham ~ Harrison, Jr.,
Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Vice Mayor Wtlham D
Sessoms, Jr. and A. M "Don" Weeks
Counctl Members Vottng Nay:
None
Counctl Members Absent.
Nancy K Parker
August 24, 1999
Item V-F.2.
- 15-
MINUTES
ITEM # 45359
Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Eure, Cay Councd entered into the Offictal
Record of the Mtnutes of August 24, 1999
CER TIFICA TION OF SE CRE TAR Y OF THE COMMONWEAL TH
re receipt of certified Transportation Ordinance in accordance with
Code of Virginia, Sec. 15.2-4504
~ttng' lbO
Council Members Voting Aye:
Linwood 0 Branch, III, Margaret L. Eure, Wdliam W. Harrtson, Jr,
HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Vtce Mayor W'tlltam D.
Sessoms, Jr and A. M "Don" Weeks
Counctl Members Voting Nay'
None
Counctl Members Absent'
Nancy K Parker
August 24, 1999
James S. Gilmore, III
COMMONWEALTH of VIRGINIA
Office of the Governor
Anne P. Petera
Secretary of the Commonwealth
August 4, 1999
Ruth Hodges Smith, City Clerk
City of Virginia Beach, Virginia
Pursuant to the Code of Virginia, § 15.2-4504 of the Transportation District Act of 1964,
the Office of the Secretary of the Commonwealth is in receipt of the certified copies of
ordinances from the cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth,
Suffolk, and Virginia Beach, creating the Transportation District of Hampton Roads.
In accordance with {}15.2-4504, I hereby certify that the ordinances required by Chapter
45 of Title 15.2 have been filed. Based upon the facts set forth in the ordinances, all require-
ments of § 15.2-4504 have been satisfied.
Given under my hand and under the Seal of the Commonwealth of Virginia, this fourth
day of August, 1999.
Secretary of the Commonwealth
P.O. Box 2454 · Richmond, Virginia 23218-2454 · (804) 786-2441 · TDD (804) 371-8599 · www. soc.state.va.us
-16-
Item V-G 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 45360
BY CONSENSUS, Ctty Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 24, 1999
-17-
Item V-G.2.
INTR OD UCED
ITEM # 45361
Mayor Oberndorf recognized the followtng Boy Scout Troop tn attendance to earn thetr mertt badges
communications/citizenship:
BOY SCOUT TROOP 445
David Edmonson
Scout Maser
Christian Church United
August 24, 1999
Item V-G.2.
-18-
PRESENTATION
ITEM # 45362
Mayor Oberndorf recognized Nancy Creech, Vtrgtnta Beach Neptune Festtval, who INTRODUCED John
A B "Andy" Davtes, Jr, Chatrman of the 1999 Neptune Festival who PRESENTED:
KING NEPTUNE XXVI
The Honorable David Huntington Adams
Federal Court Judge
TRITONS
Tom Barton III
Vice President - Beach Ford/Barton Ford Lincoln Mercury
Gerald Divaris
President & CEO - Divaris Real Estate, Inc.
(unable to attend)
Palmer Farley
Chairman of the Board & CEO - Barker Campbell Farley & Mansfield
Bill Hearst
Foundation Administrator - Lee & Helen Gifford Foundation
Art Monroe
Vice President - Monroe Mortgage, Inc.
Dave Sparks
Vice President - Bay Mechanical, Inc.
PRINCESSES
Melissa Bradby
Christina Boubas
Brianne Carter
Lesley Darrow
Amy Hammaker
Amanda Logsdon
Colleen Naughton
Lindsay Russek
Mandi Warren
King Neptune and hts court presented gifts to the Mayor and Ctty Councd Members Ktng Neptune
expressed appreciation to the City Manager for the tremendous support from the Ctty wtth the host of
volunteers. The Ctty Manager's wife, Joan Spore, ts in charge of the Neptune Grand Ball
August 24, 1999
- 19-
Item V-H. 1.
PUBLIC HEARING
ITEM # 45363
Mayor Oberndorf DECLARED A PUBLIC HEARING'
LOCAL LA W ENFORCEMENT BLOCK GRANT FUNDS ($2 74,346)
There bemg no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
August 24, 1999
Item V-I
- 20 -
ORDINANCES/RES OL UTIONS
ITEM # 45364
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd APPROVED IN
ONE MOTION, Resolutions 1 and Ordtnances 2, 3, 4, 5 and 7 of the CONSENTAGENDA and ltem J. 1
of PLANNING.
Vottng' 11-0
Counctl Members Voting Aye:
Linwood 0 Branch, III, Margaret L Eure, William W. Harrtson, Jr,
Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor
Wtlham D. Sessoms, Jr and A M. "Don" Weeks
Council Members Voting Nay'
None
Council Members Absent'
None
Counctl Lady McClanan voted a VERBAL NAY on Item #5
August 24, 1999
Item VJ. 1.
- 21 -
ORD INANCES/RES O L UTIONS
ITEM # 45365
The followtng spoke tn SUPPORT of the Ordtnance'
Marian Saunders , 3797 Lake Tahoe Tratl, Phone: 471-6290, Chatr- Mayor's Committee on Persons with
Disabilities
Ken Jessup, 624 Sea Oats Way, Phone. 425-5275, former Chair - Mayor's Committee on Persons with
Disabilities.
Upon motion by Council Lady Parker, seconded by Counctlman Branch, City Councd ADOPTED:
Ordinance to AMEND the City Code by ADDING Section 33-18 1 re
newsracks and newspaper vending machines on pubhc property.
Vottng' 10-0
Council Members Vottng Aye:
Ltnwood O. Branch, III, Margaret L Eure, Harold Hetschober, Barbara
M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
A. M "Don" Weeks
Council Members Voting Nay
None
Council Members Abstatning
Wtlham W Harrison, Jr.
Council Members Absent
None
Councilman Harrtson ABSTAINED as hts law firm represents Landmark Commumcattons, whtch owns
The Vtrgtnian-Ptlot, which has indicated interest tn this tssue adverse to the motion
August 24, 1999
Requested by the Honorable Meyera E. Oberndorf, Mayor
AN ORDINANCE TO AMEND THE CITY CODE BY ADDING
A NEW SECTION 33-18.1 PERTAINING TO NEWSRACKS
AND NEWSPAPER VENDING MACHINES ON PUBLIC
PROPERTY
SECTION ADDED: § 33-18.1
9
10
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
11
That a new Section 33-18.1 is hereby added to the City Code to
12 read as follows:
13 Sec. 33-18.1 Newsracks on public property.
14
(a) For purposes of this section, the followinq words and
15 phrases shall be construed as follows:
16
C[ty manager shall mean the city manaqer or such other
17 employee of the city as may be designated by the city manaqer to
18 perform the duties prescribed in this section.
19
Distributor shall mean the person, firm, corporation or
20 other entity responsible for placing or maintaininq a newsrack in
21 a public right-of-way.
22
Newsrack or newspaper vendinq machine shall mean any
23 self-service or coin-operated box, container, storage unit or other
24 dispenser installed, used or maintained for the display or sale of
25 newspapers or other publications.
26
(b[ The City of Virqinia Beach hereby finds and declares:
27
(1) That the uncontrolled placement of newsracks and
28
newspaper vendinq machines at siqnaled pedestrian
29
crosswalks and next to utility poles containing
30
pedestrian crossinq buttons interferes with the
31
riqhts of disabled, blind or visually impaired
32
persons under the 1990 Americans With Disabilities
33 Act (42 U.S.C.A. § 1201 et seq.) and the Virqinia
34 Rights of Persons With Disabilities Act (Va. Code
35
Ann. § 51.5-40 throuqh § 51.5-46) to the full and
36
free use of the public streets and highways; and
37
(2) That the benefits of requlatinq the placement of
38
newsracks and newspaper vending machines at
39
signaled pedestrian crosswalks and next to utility
40
poles containinq pedestrian crossinq buttons
41
outweiqh the potential impact which may result from
42
such requlation.
43
(c) Any newsrack or newspaper vending machine which, in whole
44 or in part, is located upon or over any public sidewalk, street or
45 other portion of a public right-of-way shall be located in
46 accordance with the following provisions:
47
(1) No newsrack or newspaper vendinq machine shall be
48
chained, bolted or otherwise attached to any
49
utility pole containinq a pedestrian crossing
50
button or crosswalk bar, or to any other fixture
51
located within five (5) feet of any signaled
52
pedestrian crosswalk.
53
(2) No newsrack or newspaper vendinq machine or
54
groupinq of newsracks or newspaper vending machines
55
shall be placed, installed, used or maintained:
56
(i) Within five (5) feet of the curb-cut ramp of
57
any signaled pedestrian crosswalk; or
58
(ii) Within three (3) feet of any utility pole
59
containing a pedestrian crossinq button.
60
(d) Any newsrack or newspaper vendinq machine which, in whole
61 or in part, is located upon or over any public right-of-way shall
62 display, in a conspicuous location, the name of the distributor and
63 an address where the distributor can be contacted.
64
(e) Any newsrack or newspaper vendinq machine which has been
65 installed, used or maintained in violation of the provisions of
66 this section shall be removed by the city manaqer and stored in
67 temporary custody subject to the notice requirements of subsection
68 (f) of this section. Additionally, the distributor of any newsrack
69 or newspaper vendinq machine removed and stored pursuant to this
70 subsection may be charged a reasonable fee for such removal and
71 storage.
72
(f) Upon a determination by the city manaqer that a newsrack
73 or newspaper vendinq machine has been installed, used or maintained
74 in violation of the provisions of this section, a notice to correct
75 the violation shall be issued to the distributor. Such notice
76 shall be deemed to constitute sufficient notice of a violation if
77 it is properly addressed and mailed to the distributor by certified
78 mail, return receipt requested, at the address set forth on the
79 newsrack or newspaper vending machine. The notice shall
80 specifically describe the violation and set forth the action(s)
81 necessary to correct the violation. The notice shall also specify
82 that failure to correct the violation within seven (7) days
83 following the date of mailinq of the notice will result in the
84 removal o~ the newsrack or newspaper vending machine by the city
85 manaqer and its storage in temporary custody. The notice shall
86 advise the distributor as to the location of the newsrack or
87 newspaper vending machine and the procedure for claiminq same.
88
(g) Notwithstanding the provisions of subsection (f), if any
89 newsrack or newspaper vendinq machine (i) has been installed, used
90 or maintained in violation of the provisions of this section and
91 (ii) does not display the name and address of the distributor,
92 notice of violation shall be sufficient by posting such notice on
93 the newsrack or newspaper vending machine. Failure to correct the
94 violation within seven (7) days following the date of postinq will
95 result in removal and storaqe of the newsrack or newspaper vendinq
96 machine as set forth in subsection (e) of this section.
97
(h) Any distributor, person, or other entity who claims to be
98 aggrieved by a findinq, determination, notice or action taken under
99 the provisions of this section may appeal to the city manaqer. An
100 appeal shall be perfected within three (3) days after receipt of a
101 notice of violation or other action by filing with the office of
102 the city manaqer a letter of appeal statinq the basis for such
103 appeal. The city manager shall schedule a hearing of such appeal
104 on a date not later than ten (10) days after the filinq of the
105 appeal; provided, however, that such hearinq may, at the discretion
106 of the city manaqer, be rescheduled for good cause shown. The city
107 manager shall take no action during the pendency of an appeal.
108 Failure to correct a violation of this section within seven (7)
109 days followinq (i)the expiration of the time for notinq an appeal
110 or (ii) the denial of an appeal, shall result in the removal and
111 storaqe of the newsrack or newspaper vendinq machine.
112
Any newsrack or newspaper vendinq machine removed
113 pursuant to this section must be claimed by the distributor within
114 thirty (30) days of such removal. If the distributor fails to
115 claim the newsrack or newspaper vendinq machine or refuses to pay
116 storaqe costs, the city manager may dispose of same. Any proceeds
117 or monies, if any, from the disposal of a newsrack or newspaper
118 vendinq machine shall be forwarded to the city treasurer for
119 deposit into the qeneral fund of the city.
120 (j) If any provision of this section is for any reason held
121 to be invalid or unconstitutional by the decision of any court of
122 competent jurisdiction, such decision shall not affect the validity
123 of the remaining provisions of this section.
124
This section shall become effective September 1, 1999.
125
Adopted by the City Council of the City of Virginia Beach,
126 Virginia, on this 24th day of August, 1999.
127
128
129
130
131
CA-7375
DATA/ORD IN/NONCODE / 33 - 018 - 1. ORD
Rll
July 30, 1999
- 22 -
Item V-I.2.
ORDINANCES/RES OL UTIONS/
ITEM # 45366
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE $274,346 tn local law
enforcement block grant funds from the Federal Bureau of Justtce
Assistance re reducing crime and improvingpublic safety, TRANSFER
$30,483from the General Fund Reserve for Contmgenctes as the Ctty's
required match, and, esttmated revenue from the federal government be
tncreased accordtngly.
Vottng: 11-0 (By Consent)
Council Members Voting Aye'
Ltnwood O. Branch, III, Margaret L Eure, Wtlliam W. Harrtson, Jr.,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M. "Don" Weeks
Counctl Members Vottng Nay
None
Councd Members Absent'
None
August 24, 1999
AN ORDINANCE TO ACCEPT AND APPROPRIATE A
$274,346 GRANT FROM THE FEDERAL BUREAU OF
JUSTICE ASSISTANCE FOR VARIOUS LAW ENFORCEMENT
PURPOSES AND TO TRANSFER $30,483 FROM THE
GENERAL FUND RESERVE FOR CONTINGENCIES FOR
GRANT MATCHES AS THE CITY'S REQUIRED MATCH
WHEREAS, the City has been awarded a Local Law
8 Enforcement Block Grant in the amount of $274,346 from the Federal
9 Bureau of Justice Assistance to reduce crime and improve public
safety;
WHEREAS, the conditions of the grant require the City to
provide a cash match in the amount of $30,483; and
WHEREAS, it is proposed that the funds be used to
purchase the following items:
(a) a computer for the Magistrate's Office;
(b) skid training equipment to enhance vehicle training
for police officers;
48
(c) video conferencing equipment to link the Police
Investigative Division with the police precincts and the
20 Commonwealth's Attorney's Office;
24
(d) a street facade to enhance the training of personnel
22 in the Police, Fire, Emergency Medical Services, and Sheriff's
23 departments in realistic scenarios;
24
(e) computer equipment for the Office of Community
25 Corrections; and
26
(f) bullet-proof vests for Sheriff's deputies;
27 and
28
WHEREAS, a public hearing on the proposed uses of this
29 funding has been advertised and conducted.
30
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
32 1. That a $274,346 grant is hereby accepted from the
33 Federal Bureau of Justice Assistance and appropriated to the FY
34 1999-00 Operating Budget, and $30,483 is hereby transferred from
35 the General Fund Reserve for Contingencies for Grant Matches, to be
36 expended as follows:
37
(a) $2,800 to the Magistrate's Office for a personal
38 computer;
39
(b) $40,000 to the Police Department to purchase a skid
40 training system;
41
(c) $31,000 to the Police Department to purchase video
42 conferencing equipment;
43
(d) $122,529 to the Police Department to create a street
44 facade for a realistic environment to train police officers and
45 other public safety employees;
46
(e) $10,500 to the Office of Community Corrections for
47 computer upgrade; and
48
(f) $98,000 to the Sheriff's Department to purchase
49 bullet-proof vests for deputies.
50
2. That estimated revenue from the federal government
51 is hereby increased by $274,346.
52
Adopted by the Council of the City of Virginia Beach,
53 Virginia, on the
24th o f August , 1999.
54
55
Requires an affirmative vote by a majority of the
members of City Council.
56
57
58
59
CA-7466
F:kData~ATY[Ordin~NONCODE~ca-7466.ord
August 16, 1999
R-2
60
61
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Management Service-s- ~' : -Department of ~aw '
Item V-I.3.
- 23 -
ORDINANCES/RES OL UTIONS/
ITEM # 4536 7
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Ordtnance to ACCEPT and APPROPRIA TEa $52,232 Reimbursement
Grant from the State Department of Health, Office of Emergency Me&cal
Services, to the FY 1999-2000 Operating Budget of the Department of
Emergency Medical Serwces re Two-for-Life Program and purchase of
defibrillators, other supphes and equtpment, and, esttmated revenues
from the Commonwealth be tncreased accordingly
Voting 11-0 (By Consent)
Councd Members Voting Aye.
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W. Harrison, Jr.,
Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor
Wtlliam D. Sessoms, Jr. and A. M "Don" Weeks
Council Members Vottng Nay:
None
Counctl Members Absent
None
August 24, 1999
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO ACCEPT AND
APPROPRIATE A REIMBURSEMENT GRANT IN
THE AMOUNT OF $52,232 FROM THE STATE
DEPARTMENT OF HEALTH, OFFICE OF
EMERGENCY MEDICAL SERVICES, TO THE
FY 1999-00 OPERATING BUDGET OF THE
DEPARTMENT OF EMERGENCY MEDICAL
SERVICES FOR THE PURCHASE OF
DEFIBRILLATORS AND OTHER SUPPLIES
WHEREAS, the General Assembly has established the Two-
13 for-Life Program, which collects two additional dollars on the
14 purchase of each state automobile license to provide financial
15 assistance to volunteer rescue squads;
16
WHEREAS, the State Department of Health, Office of
17 Emergency Medical Services, has awarded the City's Department of
18 Emergency Services a matching reimbursement grant in the amount of
19 $52,232 to purchase defibrillators and other supplies for the
20 City's volunteer rescue squads; and
21
WHEREAS, the Department of Emergency Medical Services has
22 sufficient funds appropriated in the FY 1999-00 Budget to provide
23 the required match.
24
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26
1. That a matching reimbursement grant in the amount of
27 $52,232 is hereby accepted from the State Department of Health,
28 Office of Emergency Medical Services and appropriated to the
29 FY 1999-00 Operating Budget of the Virginia Beach Department of
30 Emergency Medical Services to purchase defibrillators and other
31 supplies and equipment.
32
2. That estimated revenues from the Commonwealth in the FY
33 1999-00 Operating Budget are hereby increased by $52,232.
34
Adopted by the Council of the City of Virginia Beach,
35 Virginia, on the 24th day of August , 1999.
36
37
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY_ ,-~
38 ~~ ~''~ ~ep~rtm~n[ of La6 ' '
39 Walter C.
40 Department of Management Services
41
42
43
44
45
CA-7465
F:~Data~ATY~Ordin~NONCODE~ems2flg.wpd
August 16, 1999
R2
GARY R BROWN
DIRECTOR
COMMONWEALTH o[ VIRGINIA
Department of Health
Qffice o. f Emer£encv Medical Services
July 1, 1999
1538 East Parham Road
Richmond, Virglma 23228
1-800-523-6019 (Va only)
804-371-3500
Fax 804-371-3543
Edward M Brazle
City of Virginia Beach Dept of EMS
1917 Arctic Avenue
Va Beach, VA 23451
Dear Grant ~al~tms~a~tor:
It is my pleasure to announce that your agency has been awarded funding from The Office of
Emergency Medical Services' (OEMS) Grant Program. The Program currently includes funding through
the Rescue Squad Assistance Fund, Recruitment & Retention Fund and the ALS Training Fund. Please
refer to the enclosed Award Page for the actual item(s) awarded funding and their value.
Award information and reporting forms are also enclosed and include instructions on grant
acceptance, submitting for reimbursement, grant extensions, grant modifications and grant f'mal reporting.
The Agreement for Services form must be completed and returned no later than 60 days from the date of
this letter. Please note that if your award includes funds for providing ALS training courses/classes, the
enclosed ALS Training Funds Reimbursement Request Form must be completed and all appropriate
documentation attached. A checklist is provided for your convenience.
It is required that all grantees comply with the conditions as listed on the Award Page when
purchasing any equipment or making any obligations for training. Non-compliance may result in the
grantee not being reimbursed for awarded item(s). Furthermore, any purchases, agreement to purchase
and/or any formal commitment of funds prior to July 1, 1999 will result in the award being revoked.
Please remember that grant funding is provided to reimburse the grantee for awarded item(s)
during the July 1, 1999 - June 30, 2000 grant period only. It would be in your agency's best interest to
purchase awarded item(s) by December 31, 1999 for the best price advantage, but no later than June 30,
2000.
In order to provide the best possible customer service, please provide the grant number, as listed
on the Award Page, with any correspondence submitted to OEMS. Grantees are encouraged to contact
Judith Link, Grants Specialist or Carol S. Morrow, OEMS Grant Program Manager at (804) 371-3500 or
1-800-523-6019, with any questions you may have.
Director
Enclosures
VDH
www. vdh.ltltl. Vl. UB
Office of Emergency Medical Services
Consolidated Grant Program
AWARD PAGE
July 1, 1999 - June 30, 2000 Grant Period
Agency Name: CITY OF VA BEACH DEPT OF EMS
Grant Number: TI-C07/06-99
Items Requested
Quantity Funding Amount
Status Funded % Level Funded
G MONITOR/DEFIB/AED
G MONITOR/DEFIB/AED
G ALS INFANT TRAINING MANIKIN
G SPEAKER FEES
T Paramedic Required Topics Course:
VIRGINIA BEACH
FUNDED 11 50 $44,000.00
NOT FUNDED 80
FUNDED 2 50 $1,012.00
FUNDED 1 50 $1,000.00
FUNDED 1 100 $3,840.00
Conditions: Must satisfy all ALS Course Requirements, and are subject to audit by
T EMT to Cardiac Course: VIRGINIA FUNDED 1 100 $2,380.00
BEACH
Conditions: Must satisfy all ALS Course Requirements, and are subject to audit by
$52,232.00
G - Rescue Squad Assistance Fund R - Recruitment and Retention T - ALS Training Fund
- 24 -
Item V-I.4.
ORDINANCES/RESOL UTIONS
ITEM ii 453 68
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Counctl ADOPTED:
Ordtnance to authorize the Ctty Manager to TRANSFER $2,760from
the General Fund Reserve for Conttngenctes to the FY 1999-2000
Operatmg Budget of the Pohce Department re retmburstng a police
officer for legal fees and expenses incurred by him tn his defense of a
crtminal charge artstng out of an act commttted in the chscharge of bis
offictal duttes
Voting 11-0 (By Consent)
Council Members Vottng Aye'
Ltnwood O. Branch, III, Margaret L Eure, Wtlliam W. Harrtson, Jr,
Harold Hetschober, 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
Counctl Members Absent
None
August 24, 1999
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
TRANSFER FUNDS IN THE AMOUNT OF $2,760 FROM
THE GENERAL FUND RESERVE FOR CONTINGENCIES TO
THE POLICE DEPARTMENT'S FY 1999-2000 OPERATING
BUDGET FOR THE PURPOSE OF REIMBURSING A POLICE
OFFICER FOR LEGAL FEES AND EXPENSES INCURRED
BY HIM IN HIS DEFENSE OF A CRIMINAL CHARGE
ARISING OUT OF AN ACT COMMITTED IN THE
DISCHARGE OF HIS OFFICIAL DUTIES
10
WHEREAS, an officer with the Virginia Beach Police
11 Department was charged with assault for an act committed in the
12 discharge of his official duties;
13
WHEREAS, the charge was tried before the Virginia Beach
14 General District Court on June 21, 1999, and was dismissed at the
15 conclusion of the trial;
16
WHEREAS, in his defense of said charge, the officer
17 incurred legal fees and expenses in the amount of $2,760;
18
WHEREAS, the officer has requested the City to reimburse
19 him for such fees and expenses;
20
WHEREAS, § 15.2-1711 of the Code of Virginia provides
21 that "[i]f any law-enforcement officer is investigated, arrested or
22 indicted or otherwise prosecuted on any criminal charge arising out
23 of any act committed in the discharge of his official duties, and
24 no charges are brought, the charge is subsequently dismissed or
25 upon trial he is found not guilty, the governing body of the
26 locality wherein he is appointed may reimburse such officer for
27 reasonable legal fees and expenses incurred by him in defense of
28 such investigation or charge";
29
WHEREAS, the City Attorney's Office has reviewed the
30 circumstances of the case, assessed the itemized bill submitted by
31 the officer's legal counsel, and determined that the legal fees and
32 expenses incurred by the officer are reasonable.
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
34 OF VIRGINIA BEACH, VIRGINIA:
35
That the City Manager is hereby authorized to transfer
36 funds in the amount of $2,760 from the General Fund Reserve for
37 Contingencies to the Police Department's FY 1999-2000 Operating
38 Budget for the purpose of reimbursing a police officer for legal
39 fees and expenses incurred by him in his defense of a criminal
40 charge arising out of an act committed in the discharge of his
41 official duties.
42
43
Adopted by the Council of the City of Virginia Beach,
44 Virginia, on the 24th day of August
, 1999.
45
46
47
48
CA-7463
ORDIN~NONCODE~ FEES2. ORD
R-4
August 10, 1999
49
50
51
52
53
54
APPROVED AS TO CONTENT:
Management Services
55
56
57
58
59
APPROVED AS TO LEGAL
SUFFICIENCY:
~eepart~ent of Law
Item V-I.$.
- 25 -
ORDINANCES/RES OL UTIONS
ITEM # 45369
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Ordinance to grant HYPERION COMMUNICA TIONS OF I/IR GINL4,
L.L.C., d/b/a ADELPHIA BUSINESS SOLUTIONS, a temporary
nonexclusDe revocable license to construct, matntam and operate
telecommunication facilities in, over, under and across the public ways
of the ctty; and, dtrect the Ctty Manager to execute such Agreement.
Voting 10-1 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrtson, Jr.,
Harold Hetschober, Barbara M. Henley, Louts R. Jones, Mayor Meyera
E. Oberndorf Nancy K. Parker, Vtce Mayor Wtlltam D Sessoms, Jr
and A. M "Don" Weeks
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent
None
August 24, 1999
AN ORDINANCE GRANTING TO HYPERION
COMMUNICATIONS OF VIRGINIA, L.L.C., D/B/A
ADELPHIA BUSINESS SOLUTIONS, A TEMPORARY
NONEXCLUSIVE REVOCABLE LICENSE TO CONSTRUCT,
MAINTAIN AND OPERATE TELECOMMUNICATIONS
FACILITIES IN, OVER, UNDER AND ACROSS THE
PUBLIC WAYS OF THE CITY
WHEREAS, Hyperion Communications of Virginia, L.L.C.,
9 d/b/a/ Adelphia Business Solutions (hereinafter "Hyperion") is a
10 telecommunications carrier, as defined in Section 3 of the
11 Communications Act of 1934, as amended (47 U.S.C. § 153); and
12
WHEREAS, Hyperion desires to provide telecommunications
13 service within the City; and
14
WHEREAS, the City is in the process of developing a
15 telecommunications regulatory ordinance and franchise agreement
16 governing the use of public ways by telecommunications carriers;
17 and
18
WHEREAS, Hyperion desires to commence the construction of
19 its telecommunications system prior to the time it could obtain a
20 franchise from the City, and is agreeable to entering into a
21 temporary and revocable license agreement pending adoption by the
22 City Council of a telecommunications regulatory ordinance and
23 franchise agreement; and
24
WHEREAS, the Virginia State Corporation Commission has
25 granted to Hyperion the required certificates of convenience and
26 necessity as a provider of local exchange and interexchange
27 services; and
28
WHEREAS, the City is agreeable to allowing Hyperion to
29 use the City's public ways, subject to the terms and conditions set
30 forth in the Temporary Nonexclusive Revocable License Agreement and
31 to any future telecommunications regulatory ordinance and franchise
32 that may be adopted by the City;
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
35
That the City Council hereby approves the Agreement entitled
36 "City of Virginia Beach, Virginia and Hyperion Communications of
37 Virginia, LLC, d/b/a Adelphia Business Solutions Temporary
38 Nonexclusive Revocable License Agreement" dated July 15, 1999, a
39 copy of which is on file in the City Clerk's Office, and hereby
40 authorizes and directs the City Manager to execute such Agreement
41 on behalf of the City.
42
43
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 24thday of Auqust , 1999.
44
45
46
47
CA-99-7330
wmm\ordres\Hyperionlic.wpd
August 12, 1999
R-1
APPROVED AS TO CONTENT
InformatiOn Technology
APPROVED AS TO LEGAL
SUFFICIENCY
D~p~rtment o f Law
TEMPORARY NONEXCLUSIVE REVOCABLE LEASE AGREEMENT
HYPERION COMMUNICATIONS OF VIRGINIA, L.L.C., D/B/A ADELPHIA BUSINESS
SOLUTIONS
SUMMARY OF TERMS
Grantee: Hypenon Communications of Virginia, L.L.C., d/b/a Adelphia Business Solutions
Nature:
Allows use of City rights-of-way for telecommunications facilities of local
exchange/long distance provider along designated route (see route map). Does not
authorize cable service.
Until 8-1-00 or until permanent franchise granted, whichever is sooner. If franchise
is granted, franchise automatically supersedes License Agreement.
Compen-
sation:
Limited to Public Rights-of-Way Use Fee under State law (which the City has not
imposed). If law changes, City may charge whatever compensation it is legally
entitled to charge and collect.
Indemnity:
Grantee required to indemnify City, employees, officers, etc., against all claims
resulting from acts or omissions of Grantee.
Insurance:
Grantee required to maintain worker's compensation insurance, $2 million in
commercial general liability insurance; $1 million in automobile hablhty insurance;
$1 million in pollution liability insurance. Grantee may instead provide $5 million
umbrella coverage.
Grantee required to maintain $50,000 bond and $25,000 letter of credit. May be
reduced when construction of backbone facilities is completed.
Construction:
Grantee required to obtain all reqmred permits, promptly restore City property after
construction, and to comply with all City, state and federal standards, ordinances,
laws, etc. Facilities required to be underground where all other utilities are
underground.
Removal:
Grantee required to remove facilities if Agreement is not renewed or franchise not
granted.
Proposed Route for Facilities of Hyperion Communications of Virginia, L.L.C.:
Hypenon proposes a fiber optic cable route along a number of major roadways in Virginia
Beach. In general, the route contains a large outside loop in the Northern half of the City. It also
includes a number of other routes which cut through the middle of the loop, again following along
mostly major roadways. The primary route enters the City of Virginia Beach from the City of
Norfolk along Northampton Boulevard, and hms east along Northampton until turning left and
running north along Diamond Springs Road. At the intersection of Diamond Spnngs and Shore
Drive, the route again tums east and travels along Shore Drive until at reaches the intersection of
Shore Drive and Great Neck Road. At this point, the route tums south and nms along Great Neck
Road south until it reaches First Colonial Road where it again heads south to the intersection of First
Colonial and Laskln. Turning east along Laskin Road, the proposed route runs toward the
Oceanfront in order to connect with an existing Bell Atlantic switching facility located on 31 st Street.
At the intersection of Laskln Road and Pacific Avenue, the route tums right and heads south along
Pacific Avenue. At the intersection of Norfolk Avenue, the route again tums right and heads along
the Norfolk Avenue Norfolk Southern Railway right-of-way running west until it reaches the Oceana
neighborhood. At this point, the route tums south and runs south again along Oceana Boulevard to
its intersection with General Booth Boulevard, continuing south along General Booth Boulevard to
the intersection with Pnncess Anne Road. The route then tums right, runs along Pnncess Anne Road
to the Municipal Center, turning right again and following Princess Anne Road in a northwesterly
direction to the intersection of Providence Road. Tumlng left on Providence Road, the route follows
Providence Road in a westerly direction until the intersection of Indian Lakes Boulevard. The route
tums left and follows Indian Lakes Boulevard south until it reaches Ferrell Parkway. The route then
tums right, follows Ferrell Parkway which tums into Indian Raver Road in a westerly direction until
at reaches the intersection with Centerville Turnpike. The route then tums left again and follows
Centerville Turnpike until its intersection with Kempsvllle Road at which point the route tums right
and follows Kempsville Road until it exits Virginia Beach and enters the City of Chesapeake.
Additional routes inside of this major loop include cable running south beginning at the
intersection of Shore Drive and Pleasure House Road following Pleasure House Road until turning
left onto Independence Boulevard and following Independence Boulevard south to the intersection
with Witchduck Road. At that point, the route tums right onto Witchduck Road and follows
Wltchduck Road south to Aragona Boulevard, tums left on Aragona Boulevard and follows Aragona
Boulevard south until the intersection with Virginia Beach Boulevard. At this point, the route tums
left on Virginia Beach Boulevard, follows Virginia Beach Boulevard until it reaches South Plaza
Trml at which point, the route tums right, and follows South Plaza Trail to Silina Drive and then
tums left on Slllna Drive and follows that in an easterly direction until the intersection with South
Lynnhaven Road. The route then follows South Lynnhaven Road to its Intersection with Lynnhaven
Parkway, tums left and continues to follow Lynnhaven Parkway south to the intersection with
International Parkway. At that point, the route tums left along International Parkway and follows
that route until it reaches London Bridge Road. The cable then tums right and follows London
Bridge Road until it intersects with Dam Neck Road. An additional cable runs along Dam Neck
Road beginning at the intersection of Princess Anne Road east until Dam Neck Road intersects with
the outer loop of the cable along General Booth Boulevard. The final section of cable enters the City
of Virginia Beach from the City of Norfolk along Newtown Road at the Greenwich Road
intersection, the route proceeds in an easterly direction along Greenwich Road to Wltchduck Road
at which point it takes a left, follows along South Witchduck Road to the intersection with Pnncess
Anne Road. The routes then tums left along Princess Anne Road, follows Pnncess Anne Road to
Baxter Road, takes a left and follows Baxter Road in an easterly direction to Holland Road. At the
intersection of Holland Road and Baxter Road, the route takes a left and follows Holland Road in
a southeasterly direction to the intersection with Lynnhaven Parkway the route then tums left and
follows Lynnhaven Parkway again an an easterly direction until it reaches the previous cable route
at the intersection of Lynnhaven Parkway and International Boulevard.
- 26-
Item V-I. 6.
ORDINANCES/RES OL UTIONS
ITEM # 453 70
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, City Councd ADOPTED:
Resolutton re appotntment of Rebecca D. Kubin to the posttion of
Assistant City Attorney effective September 16, 1999.
Vottng 11-0 (By ConsenO
Council Members Vottng Aye:
Ltnwood O. Branch, III, Margaret L Eure, William W Harrtson, 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
Counctl Members Voting Nay.
None
Council Members Absent'
None
August 24, 1999
A RESOLUTION APPOINTING REBECCA D.
KUBIN TO THE POSITION OF ASSISTANT
CITY ATTORNEY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
That pursuant to § 2-166 of the Code of the City of
7 Virginia Beach, Virginia, Rebecca D. Kubin is hereby appointed to
8 the position of Assistant City Attorney, effective September 16,
9 1999.
10
Adopted by the Council of the City of Virginia Beach,
11 Virginia, on the 24th day of August
, 1999.
12
13
14
15
CA-7467
ORDIN/NONCODE/REBECCA KUBIN.RES
August 16, 1999
R-1
16
17
18
19
APPROVED AS TO LEGAL
SUFFICIENCY
-27-
Item V-I. 7.
ORDINANCES/RES OL UTIONS
ITEM # 453 72
Donald E. Barrett, Owner- Actton Taxtcab, represented himself
The followtng registered tn OPPOSITION
Susan A Tew, Dispatcher - Beach Tam 3617-B DuPont Ctrcle, Phone 460-2117
Melvtn Dozter, 184 South Plaza Trail, Phone' 486-6585, Represented Beach Taxt
Rtchard M. Dozter, 1301 Kings Way Drive, Phone. 457-I538, represented Beach Taxi
Upon motion by Councdman Harrison, seconded by Councdman Harrtson, City Council DEFERRED
INDEFINITELY:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Action Taxicab Company
Voting 10-0
Counctl Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr,
Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S.
McClanan, Mayor Meyera E Oberndorf Nancy K. Parker and A. M
"Don" Weeks
Counctl Members Voting Nay
None
Counctl Members Absent:
Vice Mayor Wdham D. Sessoms, Jr
August 24, 1999
- 28-
Item VJ. 8.
ORDINANCES/RES OL UTIONS
ITEM # 453 73
Upon motion by Councdman Harrtson, seconded by Councdman Hetschober, Ctty Councd
RE CONSIDERED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Action Taxicab Company
Vottng. 9-0
Councd Members Voting Aye:
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 andA M "Don" Weeks
Counctl Members Voting Nay
None
Council Members Absent'
Linwood 0 Branch, III, and Vice Mayor Wdham D Sessoms, Jr.
August 24, 1999
Item V-I. 8.
- 29 -
ORDINANCES/RESOL UTIONS ITEM # 453 73 (Continued)
Upon motton by Councilman Harrison, seconded by Counctlman Hetschober, Ctty Council APPROVED
ONE TAXICAB ONL Y:
CER TIFICA TE OF PUBLIC CONVENIENCE AND NECESSITY
Action Taxicab Company
Voting: 9-0
Counczl Members Vottng Aye:
Margaret L. Eure, William W. Harrison, Jr, HaroM He~schober,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E Oberndorf Nancy K Parker and A. M "Don" Weeks
Councd Members Voting Nay'
None
Counctl Members Absent
Linwood O. Branch, III, and Vice Mayor Wdham D Sessoms, Jr.
August 24, 1999
- 30-
Item V-I. 8.
ORDINANCES/RESOLUTIONS ITEM # 45373 (Continued)
Upon motion by Councilman Harrtson, seconded by Counctlman Hetschober, Ctty Councd
Directed Staff to research and report back deferring all applications
until Council reviews said report on Certificates of Convenience &
Necessity.
Vottng' 9-0
Councd Members Vottng Aye:
Margaret L. Eure, William W. Harrtson, Jr, HaroM Heischober,
Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera
E. Oberndorf, Nancy K Parker and A M "Don" Weeks
Councd Members Vottng Nay.
None
Councd Members Absent:
Linwood O. Branch, III, and V~ce Mayor Wtlliam D Sessoms, Jr
August 24, 1999
- 31 -
Item V-J.
PUBLIC HEARING
ITEM # 453 74
PLANNING
PLANNING
1. THE CITY OF REFUGE CHRISTIAN
CHUR CH OF VIRGINIA
CONDITIONAL USE PERMIT
2. MRP ROBERT STEINHILBER
CONDITIONAL USE PERMIT
3. NORMAN CONSTRUCTION COMPANY, INC.
CONDITIONAL CHANGE OF
ZONING
August 24, 1999
Item V-J. 1.
- 32 -
PUBLIC HEARING
ITEM ii 453 75
PLANNING
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED an
Ordinance upon apphcation of THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA for a
Condttional Use Permtt'
ORDINANCE UPON APPLICATION OF THE CITY OF REFUGE
CHRISTIAN CHURCH OF VIRGINIA FOR A CONDITIONAL USE
PERMIT FOR A CHURCH (EXPANSION) R05992292
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcation of The City of Refuge Christtan Church of
Virgtnia for a Conditional Use Permit for a church (expansion) on the west
side of South Independence Boulevard, south of Dahha Drtve (GPIN
#1485-29-1908) Satd parcel ts located at 1917 South Independence
Boulevard and contains 38, 693 square feet DISTRICT 3 - ROSE HALL
The followtng conchttons shall be required'
1. This Conchttonal Use Permit is vahd for two (2) years.
2 A parking variance must be obtatnedfrom the Board of Zoning
Appeals.
This Ordinance shall be effecttve in accordance with Section 107 (1) of the Zomng Ordtnance
Adopted by the Councd of the City of Vtrginia Beach, Vtrgtnia, on the Twenty-fourth of August, Nineteen
Hundred and Ninety-Nine
Vottng:
11-0 (By Consent)
Council Members Vottng Aye.
Linwood 0 Branch, III, Margaret L. Eure, Wdliam W Harrison, Jr.,
Harold Hetschober, 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
Council Members Vottng Nay.
None
Councd Members Absent.
None
August 24, 1999
Item V-d.2
- 33 -
PUBLIC HEARING
ITEM # 453 76
PLANNING
Kim Nothard, Vtce Premdent- CAR SPA, located at 515 East Losolis Boulevard, Fort Lauderdale,
Florida, Phone (954) 713-7100
Mark Strtckland, Engtneer with Langley and McDonald, represented the applicant, and advised the
agreement proffered between the apphcant and Chddren's World, there will be cross ingress/egress
easements, as well as utility easements that will serve the existtng Chtldren's Worm buddtng
Upon motion by Council Lady Henley, seconded by Councilman Branch, City Councd ADOPTED an
Ordinance upon Apphcatton of MRP DESIGN GROUP for a Condttional Use Permtt
ORDINANCE UPON APPLICATION OF MRP DESIGN GROUP FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION IN CONJUNCTION WITH A CONVENIENCE STORE AND
AUTOMOBILE REPAIR SHOP R08992293
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatton of MRP Design Group for a Conchtional Use
Permit for an automobile service station tn conjunctton wtth a convenience
store and an automobile repair shop (auto detaihng) at the northeast
corner of Holland Road and Lynnhaven Parkway. Said parcel is located
at 3282 Holland Road and contatns 1.853 acres DISTRICT 7 - PRINCESS
ANNE.
The following conchttons shall be required
The apphcant shall reserve 15feet (or as otherwtse requtred by the
Department of Public Works) along Lynnhaven parkwayfor the future
wtdentng to stx lanes
.
At a mimmum, the applicant shall install a lO-foot landscape buffer
wtth trees and shrubs along Lynnhaven parkway (as shown on the
,on~ stteplan dated 5,~9,~9 8/12/99 and descrtbed tn Conditton
#1o)
The applicant shall reserve 12feet (or as otherwtse required by the
Department of Public Works) along Holland Road for the future
wtdening of Holland Road
At a minimum, the applicant shall install a lO-foot landscape buffer
with trees and shrubs along Holland Road, outside of the reqmred
reservatton for Holland Road
5 A landscapeplan shall be submitted with thefinal stteplanfor revtew
and approval by Planmng Department staff.
6 The butldtng setbacks from the rtght-of-way must include the reqmred
reservattons as stated tn Conditions 1 and 3
There shall be no additional encroachment of tmpervious surfaces into
the Resource Protection Area than what currently exists on the stte
The existtng impervious surfaces are tndtcated on a survey prepared
by Charles H. Fleet & Associates, P. C., dated March 23, 1999
Stormwater runoff from at least 50 percent of the tmpervtous area
(post-developmen0 on thts stte shall be treated for both quahty and
quantity, prior to extsting the stte, by the stormwater management
facdtty.
August 24, 1999
- 34 -
Item V-J.2
PUBLIC HEARING
ITEM # 453 76 (Continued)
PLANNING
The exact locatton of the 125-foot drainage easement located along
the eastern property line must be determined and any reqmred
encroachment easements shown to be necessary based on the exact
location must be obtained from the Ctty of Vtrgima Beach prior to
.first detaded stte plan review
10.
The architectural destgn, budding matertals, colors, and site layout
shall be substanttally tn keeping with the cc, lot black/whtte elevation
drawings by Lyall Destgn Architects, entttled, "Car Spa, "dateddu;;e
29, 1999 August 13, 1999, and the site plan, entttled, "Condtttonal
Use Permit Plan - Car Spa - Lynnhaven Parkway and Holland Road",
prepared by Langley and McDonald, P C, as revtsed on duly' 13, 1999
August 12, 1999
11.
The freestanding sign to be erected on the property shall be
constructed in monument style with a brick base matching the brick
on the building depicted on the elevation drawings described in
Condition #10. No logo flag. The American flag shall be standard
size.
Thts Or&nance shall be effective in accordance wtth Sectton 107 (j) of the Zoning Ordinance
Adopted by the Councd of the Ctty of Virginia Beach, Vtrginia, on the Twen~-fourth qf August. Ntneteen
Hundred and Nine_ty-Nine
Voting: 10-0
Councd Members Voting Aye:
Ltnwood O. Branch, III, Margaret L. Eure, Wdliam W. Harrtson, Jr.,
Harold Heischober, Barbara M Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker and A. M.
"Don" Weeks
Council Members Voting Nay:
None
Counctl Members Absent:
Vice Mayor Wilham D Sessoms, Jr.
August 24, 1999
Item V-J.3.
- 35-
PUBLIC HEARING
ITEM ii 453 77
PLANNING
Attorney Edward Bourdon, represented the apphcant
Upon motion by Councilman Jones, seconded by Councdman Harrtson, Ctty Council DENIED the
Ordinance upon Apphcatton ofNORMAN CONSTRUCTION COMPANY, INC.,for a Conchtional Chan£e
of Zontng Dtstrtct Classtficatton
OP~INANCE UPON APPLICATION OF NORMAN CONSTRUCTION
CO, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R- 7 5 TO CONDITIONAL I- 1
Ordinance upon application of Norman Constructton Co, Inc for a
Change of Zontng Dtstrict Classtfication from R- 7 5 Restdenttal Dtstrict to
Conchttonal l- 1 Light Industrial Distrtct on certatn property located on the
north side of Baker Road beginntng at a point 1300feet more or less east
of Newtown Road (GPIN #1468-40-4222) The proposed zontng
classtficatton change to Conchttonal I-1 is for hght industrtal land use The
Comprehensive Plan recommends use of thts parcel for suburban
residential denstttes at or below 3 5 dwelling untts per acre that are
compatible wtth stngle-famtly in accordance with other Plan pohctes
Satd parcel contatns 2 696 acres. DISTRICT 4 - BA YSIDE.
Voting: 8-1
Council Members Vottng Aye'
William W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts
R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K.
Parker and A M. "Don" Weeks
Council Members Vottng Nay:
Margaret L. Eure
Counctl Members Absent:
Ltnwood 0 Branch, III, and Vice Mayor William D Sessoms, Jr
August 24, 1999
- 36-
Item V-K. 1.
APPOINTMENTS
ITEM # 45378
Upon NOMINATION by Councilman Jones, City Council APPOINTED:
Kathy Vaughan Lloyd
Unexpired thru 9/30/99
plus 4-Year Term 10/1/99 - 9/30/2003
A GRICUL TURAL AD VISOR Y COMMISSION
Voting 8-1
Councd Members Vottng Aye:
William W Harrison, Jr, Harold Heischober, Barbara M Henley, Louts
R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K
Parker and A M. "Don" Weeks
Council Members Voting Nay.
Margaret L. Eure
Council Members Absent
Linwood 0 Branch, III, and Vtce Mayor Wtlham D Sessoms, Jr
August 24, 1999
-37-
Item V-K.2.
APPOINTMENTS
ITEM # 453 79
Upon NOMIN/I TION by Councdman Jones, City Council/IPPOINTED:
Daniel Z. Lepow
Unexpired thru l 2/31?2000
FRANCIS LAND HOUSE BO~ID OF GOVERNORS
Voting: 9-0
Council Members Voting~lye'
Margaret L Eure, William W. Harrison, Jr., Harold Hetschober, Barbara
M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E
Oberndorf, Nancy K Parker and A M "Don" Weeks
Council Members Voting Nay
None
Council Members Absent'
Ltnwood O. Branch, III and Vice Mayor William D Sessoms, Jr
August 24, 1999
- 38-
Item V-K.3.
APPOINTMENTS
ITEM # 45380
BY CONSENSUS, City Councd RESCHEDULED the following APPOINTMENT:
PARKS AND RECREATION COMMISSION
August 24, 1999
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Item V-M. 1/2/3
NE W BUSINESS
ITEM # 45381
Upon motton by Councilman Hetschober, seconded by Councilman Jones, Cay Council ADOPTED:
COUNCIL HOUSE RULES/OUR CODE OF CONDUCT"
CO UNCIL PR 0 TOCOL/G UIDELINES FOR CO UNCIL OPERA TIONS "
CO UNCIL LIAISONS/G UIDELINES
Voting: 9-0
Council Members Vottng `4ye
Margaret L. Eure*, Wilham W. Harrison, Jr., Harold Hetschober, Barbara
M. Henley, Louts R. Jones, Reba $ McClanan, Mayor Meyera E
Oberndorf Nancy K. Parker and,4 M "Don" Weeks
Counctl Members Vottng Nay
None
Council Members Absent
Ltnwood 0 Branch, III, and Vtce Mayor Wdliam D Sessoms, Jr
*Councd Lady Eure voted a VERBAL NAY on the sectton related to Zoning Matters under COUNCIL
PROTOCOL
August 24, 1999
COUNCIL HOUSE RULES
"OUR CODE OF CONDUCT"
KEEP COUNCIL INFORMED - Committee Members and Liaisons are responsible for
informing Council and representing Council's position
TREAT EACH OTHER WITH RESPECT- No personal attacks or "fingers"
RESPECT EACH OTHER'S OPINION AND pOINT OF VIEW - Listen before juding
·
ALLOW TIME TO DISCUSS ISSUES - Take time to talk on major issues
CLOSED SESSION DISCUSSIONS STAY IN CLOSED SESSION - Keep information
confidential
TREAT EVERYBODY EOUALLY
COUNCIL PROTOCOL
GUIDELINES FOR COUNCIL OPERATIONS
The Mayor and City Council reaffirm the "House Rule": "Closed Session discussions
are to stay in Closed Session". If the confidentiality is violated, Members of the Council
agree to police themselves. The ultimate enforcement option is to pass a resolution on the
violation.
Council Requests
le
2.
3.
4.
Legal requests go to the City Attorney
Citizen complaints on service requests go to the City Manager's Office
Mayor requests for information and research go to the City Manager
Simple information or questions go to the appropriate Department Head or Appointee
Information Sharing
lo
City Manager and City Attorney are to use their discretion and follow the desires and
directives of the individual Council Member making the request.
.
If a resolution or ordinance is requested, the City Manager and City Attorney will
distribute the information to all Council Members unless they are directed not to
forward same by the requesting Council Member who directs them not to divulge
the request or information to other Members of Council. This discretion will be
left to the Council Member who makes the request.
False or Inaccurate Information [
0
The Mayor and City Council are responsible for holding each other accountable for
false or inaccurate information; and are encouraged to correct the error committed as
soon as possible.
.
The City Manager is directed by the Mayor and City Council to provide "Accurate
Facts" reports at the beginning of the Council meeting. When the report is inaccurate
information and a misrepresentation of facts in the community whether news
reporting, community newsletters or community presentations, the Mayor and City
Council have the responsibility to bring these "errors" to the attention of the City
Manager.
3~
Fact sheets on major issues should be developed that are simple to understand and
have meaning to our citizens.
.
Information sheets should be developed and sent to Civic Leagues who will be
encouraged to place them in their newsletters.
The Mayor and City Council supports the staff's policy, "Zero tolerance for factual
errors".
I Zoning Matters
The Mayor and City Council agree there will be "No Commitments" to developers
and zoning applicants prior to Council action. The Council Member could meet with
developers after Planning Commission has met and made their recommendation. There is
a misconception that a developer and/of zoning applicant needs to go to the District Council
representative for her or his sign-off and/or endorsement.
COUNCIL LIAISONS: GUIDELINES
[ TyPes of Liaisons J
Representative to a Group or Organization
·
Fact Finding on an Issue
* Lead Negotiator Working with a Staff Team
Guidelines for Liaison: Responsible for .... [
* Provide regular reports on activities and status
* Alert Council on potential news items
* Share information relative briefings and written reports
* Check for Council direction and Policy Guidelines on major issues
* Represent City Policy and Goals, Council direction and Guidelines
* Serve as Council's link to the Staff on assigned project or subject area
When Establishing a Liaison
* City Council shall determine the overall goal and direction
* City Council shall establish policy parameters and policy guidelines
* City Council shall define the role and authority of the liaison
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Item V-M. 4.
NE W BUSINESS
ITEM # 45382
B Y CONSENSUS, the CITY CLERK SHALL RECORD:
ABSTRA CT OF CIVIL CASES RESOLVED - JUL Y 1999
August 24, 1999
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Item V-M.$.
NEW BUSINESS
ITEM # 45383
Mayor Oberndorf announced the Borough Council North Down, Northern Ireland, would be tn sesston
thts evemng and would adopt the "Friendship" Agreement to a future "Sister City" relationship with
Virginia Beach.
August 24, 1999
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ITEM # 45384
Mayor Meyera E. Oberndorf entertained a motton to permtt City Counctl to conduct tts CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose
PUBLICLY-HELD PROPERTY Discussion or constderation of the
acqutsition, or of the disposttton of pubhcly-held real property, where
&scussion tn an open meettng wouM adversely affect the bargaining
positron or negottattng strategy of the pubhc body, pursuant to Sectton
2 1-344(A)(3)
Acquisttton of Property - Beach District
Dtsposttton of Property - Rose Hall Dtstrict
Upon motion by Councdman Hetschober, seconded by Councdman Harrtson, Ctty Counctl voted to proceed
tnto CLOSED SESSION (8:20 P.M.).
Voting 9-0
Councd Members Voting Aye:
Margaret L. Eure, Willtam W. Harrison, Jr, Harold Heischober, Barbara
M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Councd Members Absent:
Linwood 0 Branch, III, and Vice Mayor Wilham D Sessoms, Jr
August 24, 1999
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ITEM # 45385
Mayor Meyera E Oberndorf called to order the FORMAl_, SESSION in the Council Conference Room, City
Hall Budding, on Tuesday, August 24, 1999, at 8 20 P M
Council Members Present.
Margaret L Eure, tVtlliam V?. Harrtson, Jr, Harold Hetschober,
Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and A M. "Don" Weeks
Councd Members Absent'
Ltnwood O. Branch, III, and Vice Mayor Wtlliam D. Sessoms, Jr
August 24, 1999
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CER TIFICA TION OF
CLOSED SESSION
ITEM # 45386
Upon motton by Councilman Heischober, seconded by Councilman Jones, City Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bus~ness matters lawfully exempted from Open Meettng
requtrements by Virginia law were discussed in Closed Session to whtch
thts certification resolution applies;
AND,
Only such public bus~ness matters as were tdentified in the motton
conventng the Closed Session were heard, dtscussed or constdered by
Vtrginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
Margaret L. Eure, Wdliam W. Harrison, Jr., Harold Hetschober,
Barbara M. Henley, Louis R Jones, Reba S. McClanan, Nancy K.
Parker, Mayor Meyera E. Oberndorf and A M. "Don" Weeks
Council Members Voting Nay'
None
Counctl Members Absent.
Linwood O. Branch, III and Vice Mayor Wilham D. Sessoms, Jr
August 24, 1999
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 45384, Page 42, 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 Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
R~mit ,h~CM~/~
City Clerk
August 24, 1999
Item V-N.
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AD JO URNMENT
ITEM # 4538 7
Mayor Meyera E. Oberndorf DECL,4RED the City Counctl Meettng ADJOURNED at 8:43 P.M.
Chief Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrginia Beach
Vtrginta
August 24, 1999