The URL can be used to link to this page

Home My WebLink AboutOCTOBER 2, 2001 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, I11, Beach -Dtstrtct 6 MARGARET L. EURE, Centervdle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Pnncess Anne - Distr, ct 7 LOUIS R JONES, Baystde -DIstrtct 4 REBA S McCLANAN, Rose Hall - District 3 ROBERT C MANDIGO. JR, Kempsvdle - District 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, City Manager LESLIE L LILLEE City Attorney RUTH HODGES-SMITH, MMC, City Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING i 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl~cay vtrgtnta-beach va us October 2, 2001 CITY MANAGER'S BRIEFINGS - Conference Room- A. FIRE DEPARTMENT ACCREDITATION Chief Gregory B. Cade, Department of Fire Bo 2002 COMMUNITY LEGISLATIVE AGENDA Robert R. Matthias, Assistant to the City Manager 2:00 PM Il. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION Citizens may register to address Cay Council for a limited time on any item on the Formal Counctl Agenda. Speakers may register immediately prior to the meeting or, in advance, by calling the Cay Clerk's Office at 427-4303 V. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend William E. Austin, Jr. Virginia Beach Christian Church C. 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 1. INFORMAL & FORMAL SESSIONS September 25, 2001 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by Cay Councd to be enacted by one motion. H. PUBLIC HEARINGS 1 REDISTRICTING 2. AGRICULTURAL RESERVE PROGRAM (ARP) - (DISTRICT 7 - PRINCESS ANNE) (a) Gene G. Bright, Trustee - 40.25 acres (b) Gene G. Bright, David Bright and Rosanne Ray - 63.33 acres I. ORDINANCES/RESOLUTION o Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easement and the issuance of its contract obhgatlons at Pungo Ferry Road: (DISTRICT 7 - PRINCESS ANNE) (Previously scheduled for September 11, 2001) (a) Gene G. Bright, Trustee (2001-39) 40.25 acres $141,860 (b) Gene G. Bright, David Bright, 63.33 acres $512,973 and Rosanne Ray (2001-40) . Or&nance to APPROPRIATE $64,787 from the Reserve for Contingencies to the FY 2001-02 Juvenile Probation Operating Budget re adminlstrat~ng a new program for Non-Custodial Foster Care within the Comprehensive Services Act; and, ADDING a full-time position. , Or&nance to APPROPRIATE $44,538 in additional revenue to the FY 2002 operating budget of the Comprehensive Services Act (CSA) special revenue fund; TRANSFER same to the FY 2002 operating budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) re services required by the Comprehensive Services Act; establish one full- t~me posit~on to provide services to emotionally troubled youth m the public schools; and, estimated revenue in the Comprehensive Services Act Special Revenue Fund be increased accordingly. , Resolution to authorize and direct the City Manager to execute a contract entitled, "Agreement for the provision of electric service to munic~palities and counties of the Commonwealth of Virginia from Virginia Electric and Power Company (VEPCO)", dated August 6, 2001. J. PLANNING Planning items were previously scheduled for September 11, 2001 and readvertised September 14 and September 21, 2001. lo , . , . o Apphcatlon of CARLOS & JUDDEL PARKER for a Condittonal Use Permit re a church at Pleasure House Road and Independence Boulevard (1628 Independence Boulevard), contalmng 1.37 acres. (DISTRICT 4- BAYSIDE) Recommendation: APPROVAL Apphcation of CHESAPEAKE BAY TOWER ASSOCIATES L.P. for a Conchtional Use Permit re a monopole communicatton tower at Ferry Road and Shore Drive, (2465 Ferry Road), eontaimng 5,600 square feet. (DISTRICT 4- BAYSIDE) Recommendation: APPROVAL Application of PAUL C. LOWN for a Condittonal Use Permit re a residential multiplefami!¥ dwelhng (3 units) on Lot 10, Block C, Lynnhaven Beach, on UrcMn Road and Ocean Avenue, contmning 7,500 square feet. (DISTRICT 5 - LYNNHAVEN) Staff Recommendation' Planning Commission Recommendation: APPROVAL DENIAL Application of SAM'S REAL ESTATE BUSINESS TRUST for a Con&ttonal Use Permit re an automobde servtce statton (fuel sales) on the south side of%rgima Beach Boulevard, east of North Plaza Trail, contmnmg 11.64 acres more or less. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL Application of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a Conditwnal Use Permit (renewal) re a church expansion at Pnneess Anne Road and Curry Comb Court, (2708 Pnncess Anne Road), containing 6.328 acres. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL Application of SPRINT PCS for a Conditional Use Permit re a communication tower at Dam Neck Road and General Booth Boulevard, (484 Dam Neck Road), containing 4,800 square feet. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL Application of EASTMINSTER PRESBYTERIAN CHURCH for a Conditional Use Permit re a chtM care education center at MacDonald Road and Indmn R~ver Road, (3229 MacDonald Road), containing 5 acres more or less. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL Application of OCEAN BAY VENTURES, L.L.C. for a Change of Zoning Dtstrtct Classification from I-1 Light Industrial and R-5D Residential Duplex to Conditional A-24 Apartment on the northwest comer of the Norfolk & Southern Railroad right-of-way and Cypress Avenue, containing 2 89 acres more or less. (DISTRICT 6 - BEACH) Recommendation: DEFERRAL TO OCTOBER 23, 2001 Ko APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS PRINCESS ANNE COMMONS STEERING COMM1TYEE PUBLIC LIBRARY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS o o , REQUEST TO RECONSIDER: Application of MILLER/PARKER ASSOCIATES, for the disconttnuance, closure and abandonment of a portion of Lavender Lane at the intersection of Lavender Lane and Potomac Street, running in a southerly direction a distance of 250 feet to the northern boundary of Cleveland Street, contmmng 12,500 square feet. (DISTRICT 2 - KEMPSVILLE) (Approved September 25,2001) ABSTRACT OF CIVIL CASES RESOLVED - August 2001 The ,4bstract of Votes, as recorded by the General Registrar, from the SPECIAL ELECTION for the 14tn State Senate Dtstrict, held September 4, 2001, is on.file with the Ctty Clerk N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) 09/28/0 lbap AGENDA\10\02\01 www.vbgov.com 3 MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~n~a October 2, 2001 Former Mayor Louts R Jones, prestdtng tn the absence of Mayor Oberndorf, called to order the Ctty Manager's Brtefing FIRE DEPARTMENT ACCREDITATION tn the Ctty Counctl Conference Room, Ctty Hall Bmldtng, on Tuesday, October 2, 2001, at 2 O0 P M Counctl Members Present Margaret L Eure, Barbara M Henley, Louts R Jones Reba S McClanan, Nancy K Parker and Rosemary Wtlson Counctl Members Absent Mayor Meyera E Oberndorf Vice Mayor Wilhams D Sessoms, Jr Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr Robert C Mandtgo, Jr [Boston Urban Land Conference a annual meettng] [Out of the Ctty re Bank Bustness] [Entered 2 09 P M] [Legal Appotntments] [Entered 2 06 P MI -2- CITYMANAGER'S BRIEFING FIRE DEPARTMENT A CCREDITA TION 2:00 P.M. ITEM #48686 Chtef Gregory Cade advtsed the Fire Department Accreditation program has entaded a thee year effort It ts a Joint Commtsston sponsored by the Internattonal Assoctatton of Ftre Chtefs and lnternattonal Ctty IRuth Smith - F~re Chief's comments before Councd Page 1 ] From: To: Date: Subject: "Bob Gregory" <rebelsbeach@home com> <ctycncl@vbgov com>, "Bob Mand~go" <r c mand~go@home net> 10/7/01 10 12AM F~re Chief's comments before Councd Members of Council, I am wnbng th~s letter to address some ~naccuracles ~n the statements that the F~re Chief made to you the members of councd at your meebng last week Mrs Eure asked the F~re Chief questions regarding the safety of our flreflghters and the commumcabons ability of the flreflghters, and ~t ~s h~s answers that I take excepbon to Mrs Eure asked ~f every flreflghter had a "radio", to which the Chief said yes,when ~n fact there are only three radios on an apparatus Th~s means that the "county" apparatus, or apparatus that have four flreflghters on them, the fourth flreflghter has no means of commun~cabng w~th the other members of h~s crew Mrs Eure asked about m~n~mum staffing, and was told that ~n the "county" there are four flreflghters on the engine, and everywhere else there are three flreflghters on the engine and three on the ladder Th~s ~s another statement that can be quesboned, as, even ~n the "county" the F~re Chief allows the m~n~mum manmng to be reduced to three flreflghters for periods of t~me,~n order that a flreflghter be "sent" for supphes or a~r bottle fllhng,etc I submit that these dubes are not worth the under manmng of the fire apparatus, and thereby reducing the safety of the c~bzens These "errands" could very well be completed by the battahon chief and h~s "driver", as ~s done ~n other surrounding c~t~es The battahon chief v~stts each stabon on a dady bas~s and could very easdy get supphes or "swap" empty a~r bottles for full ones I am not sure who asked the next question, I'd have to watch the tape again, but there was a quesbon concermng the abd~ty of V~rgm~a Beach flreflghters to "talk" to our s~ster c~bes flreflghters by radio, ~n the event of an emergency that reqmred mult~-jur~sd~cbonal response The F~re Chief rephed that ~ndeed they would be able to talk to one another,but ~t should be noted that the only portable radio or "walk~e talkte" that has that capabd~ty ~s the Captains radio The flreflghters radios do not have that capability, therefore the Captain would have to constantly sw~tch back and forth to talk to h~s crew and the other C~ty's crew, creating a very confusing atmosphere in an atmosphere that most hkely would be confusing enough Furthermore, the cond~bon of "spare" radios should also be addressed, as their are hm~ted supplies of these, should the portable radios on the apparatus need repair As you can see, ~t ~s an ~ssue that reqmres a b~t more attenbon, than what the F~re Chief would have you beheve Thank you for the opportumty to address my concerns to you Respectfully, Robert D Gregory 3305 Welwyn Muse V~rg~ma Beach, VA 23452 (757) 631-1830 CITY MANA GER 'S BRIEFING FIRE DEPARTMENT A CCREDITA TION ITEM I:M8686 (Continued) The Department has been tnvolved wtth the SARA Title III, and local Emergency Planmng Commtsstons, stnce the early 1980's and gone a long way tn forgtng the regtonal worktng relattonshtp For over twenty (20) years, the Ftre Departments tn thts area have had a close worktng relattonshtp, Vtrgtnta Beach ts a part of the Tidewater Regional Fire Academy, thus tratntng together for over 20 years Other tntttattves entatl the Metropolitan Medical Response System, wtth tnvolvement from the Hampton Roads Planmng Dtstrtct Commtsston, whtch has been a regtonal mtttattve wtth the stxteen (16) jurtsdtcttons whtch are part of the HRPDC Chtef Cade serves on a Steertng Commtttee Therefore, the Department has been comprehenstvely examtntng all of the weapons of mass destructton types of events The Ctty Counctl two years ago made a commttment, subject to the avatlabthty of fundtng, to tncrease the overall staffing on the fire apparatus to a mmtmum staffing of four (4) personnel The Department ss begtnntng to move tn that dtrectton The questtons ts whether he Department should reach the NFPA 1710 Standard or the 1720 Standard, as they are a combtnatton department An tntttal assessment should be accomphshed within the next two months A report ts being comphed At the present ttme, the mtntmum staffing on the majortty of the engtne compantes ts three (3) on the engtne and three (3) on the ladders In 1997, the City Council tncreased the staffing to four (4)for the four stations tn the southern portton of the Ctty (Creeds Company 6, Blackwater Company 13, Sandbrtdge Company 17 and Courthouse Company 5) The rule of"2 tn and 2 out" ss currently betng met Portable radtos are tssued to each posttton, not any tndtvtdual Counctlman Jones commended Chtef Cade October 2, 2001 -4- CITY MANA GER 'S BRIEFING 2002 COMMUNITY LEGISLATIVE AGENDA 2:29 P.M. ITEM #4868 7 Robert Matthtas, Asststant to the Ctty Manager, presented tnformatton relattve the DRAFT Community Legislative Agenda for the 2002 General Assembly Session There are a number of changes tn the process for adopttng the agenda thts year Bestdes the name change, there has been early and conttnuous pubhc parttctpatton and tnput Under the revtsed Ctty Counctl procedures, the package wtll be posted on the Ctty's webstte There wtll be an opportumty for pubhc comments on October 9, 2001, and on October 23, 2001, Ctty Counctl has scheduled the package for adoption A Pubtc Forum ts scheduled for October 17, 2001, at 5 O0 P M, the Pavtlton, Charred by Counctl Lady Rosemary Wtlson wtth a General Assembly Ltatson moderattng Mr Matthtas has met wtth the Executtve Commtttee of the Counctl of Ctvtl Organtzattons to explatn thts process and recetve thetr suggesttons As thts package ts betng prepared, the Natron ts reehng from the worst terrortsm attack tn world htstory The stock market ts plunging and consumer confidence ts greatly depressed The State Pohce have needed a new radto system for over l O years whtch entads a cost of over $100-MILLION The General Assembly has put offfundtng thts ttem However, there have been four changes tn technology tn that amount of ttme Mr Matthtas ts confident tt wtll be funded durtng the next General Assembly Sesston and wtll be a statewtde system whtch can be utthzed for other Government Departments t e VDOT, Forest Rangers The General Assembly ts gotng to fund the system whtch works best wtth the most local governments tn the area At the present ttme the Pohce radtos are outmoded wtth no replacement equtpment avatlable There ts supposedly a $500-MILLION shortfall tn the current fiscal year whtch could tncrease to $800- MILLION or more The General Assembly dtd not adopt a revtsed Budget for the Btenmum Therefore, there were no salary tncreases for state employees, school teachers and tncreases tn mandated programs hke Medtcatd Mr Matthtas beheves when the "Caboose" Bill ts introduced as one of the first btlls, thts wtll change the Budget for the rest of the Btenmum (tn January, a pay tncrease of 4% effecttve December) Thts will entatl a cost of $40-MILLION for state employees and teachers The Commonwealth ts tn a better positron to face Recession than thye were tn 1990/1991 The "rainy day" fund, created through an amendment to the Constttutton after the Recesston, contains approxtmately SI-BILLION However, to utthze same, revenues have to be 2% less than the offictal forecast and then only enough funds to make up the dtfference between the offictal forecast and the actual forecast can be utthzed If there ts a shortfall of $500-MILLION, only $250-MILLIONof the "ratny day fund" can be used to make up the dtfference There ts sttll talk by members of the General Assembly of securtttztng the tobacco settlement funds whtch conststs of over $400-MILLION. This could preclude gotng into the "ratny day fund" The Medtcatd and Tobacco securtttzatton are one-trine funds The Prestdent announced Reagan National Airport would reopen on Thursday, October 4, 2001 Thts ts great news as 11, O00jobs are dtrectly tmpacted at Reagan 85, 000 other jobs tn Northern Vtrgtnta were also directly tmpacted by Reagan being closed There are approxtmately 12,500 tndtvtduals watttng to get tnto mental health facdtttes across the state, 500 of those are ctttzens of Vtrgtnta Beach The General Assembly dtd not fund enough to pay for these cases Thts will be contatned within the "Caboose" Bill [ The largest tnpattent psychtatrtc facthty tn America ts the Los Angeles County jatlJ Vtrgtnta Muntctpal League, the Vtrgtnta Assoctatton of Counctls and, tndeed, some of the several ongotng studtes of Vtrgtnta's tax system are constdertng returmng substanttal sums of General Fund money to local governments For instance, the so called 50/40/10 program of VML and VACO would return approxtmately $800-MILLION a year from General Funds to localmes based on restdence of the taxpayer, where the taxable income ts earned wtth a base amount for all locahttes Vtrgtnta Beach Ctty Counctl strongly beheves any constderatton of tax sharing programs should be held tn abeyance until the Commonwealth ts able to fully fund extsttng commttments, such as educatton A final area of great concern for Vtrgmta Beach and other locahttes is transportation needs and funding Numerous studtes have revealed that the State should be spendtng upwards of $2.5-BILLION dollars a year more than ts avatlable for transportatton Although the General Assembly attempted to address the shorfall tn transportation funding wtth the Virginia Transportation Act of 2000, tt ts hkely that effort wtll prove tnadequate The three new fundtng sources have proven to not work as expected Some addtttonal revenue ts being generated by a change tn the way the gas tax ts admtmstered However, there have been httle to no General Funds avatlable to transfer to transportation The 1/3 of the tax on car tnsurance premmms that ts supposed to begtn betng allocated to transportatton tn the next Btenmum ts hkely not to matertahze When General Fund revenue ts tnadequate to provtde for teacher salary tncreases, mental health needs, pubhc health needs and the other bastcs state government should be dotng, those funds should not be diverted to transportatton Substanttal addtttonal funds on a state-wtde basts need to be made avatlable for transportatton Regtons should be gtven the flextbthty to ratse revenue for transportatton Transportatton ts a state-wtde responstbdtty that shouM be addressed to the extent posstble by the Commonwealth on a hohsttc basts However, certatn regtons of the Commonwealth, such as Vtrgtnta Beach and Hampton Roads, generally have spectfic needs October 2, 2001 -5- CITY MAN`4 GER 'S BRIEFING 2002 COMMUNITY LEGISL`4 TIVE ,4 GEND,4 ITEM #4868 7 (Continued) Legislative Requests Funding of Education The state should fund the full cost necessary to meet the Standards of Quahty (SOQ) With the Vtrgtnta Beach School System havtng more than 1,000 teachers above the number needed to meet the SOQ and having to spend almost $100-MILLION tn local funds above the SOQ amount, tt ts obvtous that the level of educatton fundtngprovtded under the gutdehnes of the SOQ ts hopelessly tnadequate Whtle locahttes are grateful for the funds placed tnto educatton tnfrastructure anti technology from the state lottery, the City beheves all of the approximate $310-MILLION per year from the lottery shouM be made avatlable to locahttes instead of less than 'half of that amount Vtrgtnta Beach feels that the Standards of Quahty, whtch the State funds, are not adequate for students to pass the Standards of Learntng tsttng Funding for Transportation Transportation improvements are vttal to the ttmely movement of people, goods and servtces The Ctty spectfically requests the following The General Assembly should, on a state-wtde basts, provtde stgnfcant addtttonal funds for transportatton Projects of state-wide importance, uch as 1-66 tn Northern Virginia, 1-81 throughout the enttre western portton of the Commonwealth, Route 58, Route 460 and many other routes, need significant amounts offun&ng The City requests the General Assembly to approve legtslatton that would allow regtons of the Commonwealth to allow referendums for voter approval of revenue tncreases for transportatton Thts would be stmtlar to theproposal that was defeated tn the 2001 Sesston of the General Assembly for Northern Vtrgtnta If regtons, or locahttes, adopt such seIf-tmposed revenue measures, they should be rewarded for these efforts through addtttonal revenue from the Commonwealth and certatnly not puntshed by recetvmg less funds because they are taktng care of thetr own needs The Ctty conttnues to support the constructton of the Thtrd Crosstng of Hampton Roads Thepubhc/prtvatepartnershtp currently before the Commonwealth Transportatton Board, although the detatls have not been released, offers to have the project constructed constderably qutcker and at a reduced cost Thts may entatl tolhng the facthty and perhaps other facthttes tn Hampton Roads Wtth the support for the Thtrd Crosstng, however comes a requtrement for the Ctty that tmprovements to Interstate-64 between Newport News and Rtchmond must be made at the same ttme as the Thtrd Crosstng tt makes httle sense to invest btlhons of dollars for a Thtrd Crosstng when traffic ts sttll very congested from Bland Boulevard to 1-64 on the outstde of Rtchmond Thts $2-BILLION project must be funded tn concert wtth the Thtrd Crosstng The Ctty Counctl also requests addtttonal fundtng be made avatlable for mass transit Fundtng to allow Handt-Rtde to expand back to tts previous servtce levels and allow HRT to reestabhsh routes that were tn extstence on January 2001 must be provtded Ctty Counctl ts ready to enthustasttcally support a MAGLEV (magnettc levttatton) system for Southampton Roads and beyond tf proven worthy Route 460 should recetve a prtortty for fundtng Funding for the Virginia Marine Science Museum The Vtrgtnta Martne Sctence Museum ts seektng SI-MILLION for operattng asststance each of the next fiscal years Funding for the Comprehensive Services Act (CSA) As Vtrgtnta Beach has conststently been unable to meet the needs of chtldren and adolescents ehgtble for servtces under the Comprehenstve Servtces Act due to tnadequate state fun&ng for both mandated and non-mandated chtldren, the Ctty requests a state code change that would requtre suffictent state funchng for thts program October 2, 2001 -6- CITY MAN,4 GER 'S BRIEFING 2002 COMMUNITY LE GISL,4 TIVE ,4 GEND,4 ITEM #4868 7 (Continued) Funding for Community Services Board (CSB) Fundtng must be adequate to meet the needs of persons ehgtble for mechcatd supported services, but unable to recetve them due to lack of state match funding, persons tn need of services unfunded by me&cat& and, persons who are tn&gent and cannot access medicaid servtces Addtttonal state-wtde fundtng ts needed as follows FY2003 FY2004 Mental Health Children/Family Mental Retardation Substance ,4buse $20 -MILLION $14 -MILLION $25 -MILLION $12. 5-MILLION $20 -MILLION $14 -MILLION $29 -MILLION $12. 5-MILLION $ 71.5-MILLION $ 75. 5-MILLION Funding for Public Health Department Costs have steaddy tncreased tn Vtrgtnta Beach, and the dollars spent are sttll tnadequate to address the needs of chtldren tn Vtrgtnta Beach and the Commonwealth Based on l/'trgtnta Beach's current annual btrth rate of 6, 000-6, 5000, 3, O00 famthes should be reached annually, 800 of those would benefit from long term visitation Currently, approximately 1000 famthes recetve services and 100 recetve long term home vtsttatton These preventive efforts wtll decrease dollars needed for mtenstve CSA servtces requtred for chtldren The Vtrgtnta Beach program can be matntatned tf Health Famthes dollars conttnue from the General Fund, and the Ctty's current portton, $87, 719 ts sustatned Ideally, an incremental mcrease m fundmg of 5% each year for stx (6) years would cover tnflattonary costs so that the current level of servtce can be matntatned In the current btenntum, a supplemental budget allotment was made specifically for the Vtrgtnta Beach Health Department Ifa complete overhaul of Health Department fundtng ts not posstble, then the City requests the supplemental approprtatton be conttnued for l, rlrgtnla Beach Funding for the Convention Center The Vtrgtnta Beach City Council has approved funchngfor a new $193.5-MILLION Conventton Center and the. archttectural firm of Sktdmore, Owtngs& Merrtll (SOM) has been selected as the national archttect to destgn the project The General Assembly ts requested to provtde $20-MILLION tn fundtng for the lZtrgmta Beach Conventton Center facthty Thts ts tn keeptng wtth the benefit to the. Commonwealth based on the amount of state tax revenue that wtll be generated from the new facthty over a l O-year pertod $20-MILLION ts also tn keeping with the amount of money provtded the Richmond Conventton, when adJusted for tnflatton, based on the hkely year offundmg betng provtded by the General Assembly Virginia Beach Public Libraries Full fun&ng of State Atd The Vtrgtnta Beach Pubhc Ltbrary requests that Governor Gilmore fully fund State Aid to Vtrgtnta Pubhc Ltbrartes tn the 2002-2004 budget It ts currently esttmated that full fundtng of State Atd wtll requtre a $1,5 76, 619 tncrease tn FY2003 over FY2OO2 fundmg levels The current fundmg level for State Atd and the levels proposed to achteve and mamtam full fundmg are as follows Current State Atd Full fundtng Full Fundtng Approprtatton tn Request for Request for FY 2001/02 FY 2002 FY 2003 $20,485,543 $21,209,899 $22,062,162 October 2, 2001 -7- CITY MANA GER 'S BRIEFING 2002 COMMUNITY LEGISLATIVE AGENDA ITEM #48687 (Continued) Funding for Infopowering the Commonwealth Infopowertng funds for FY2002 have been reduced to $i 6-MILLIONIn FY2003 an estimated $3- MILLION ts needed to provtde servtces to pubhc hbrartes, $5-MILLION, tf servtces are expanded Fullyfundmg the State grants-m-atdprogram and Infopowertng the Commonwealth wtll provtde Vtrgtnta wtth a well estabhshed pubhc hbrary system with access for all cities to traditional hbrary servtces and services based on extsttng and mergtng technologtes Funding for Contemporary Arts Center of Virginia The Contemporary Arts Center of Vtrgmta requests $500, O00 for each year of the Btenntum from the Legtslature for the purpose of conttnumg an expanded educattonal program that employs state-of-the-art telecommuntcattons to reach students and educators state-wtde The Ctty proposes to electrontcally export these educattonal programs to schools outstde the regton offertng educators a cost-effecttve means to met the requtrements of the SOL's Funding for Corps of Engineers study of Kerr Reservoir Vtrgtnta Beach ts requesttng the General Assembly provtde funchng tn the Department o.f Envtronmental Quahty (DEQ) 2003 budget for a Corps of Engtneers study of Kerr Reservotr Non-Funding Issues Support of Inclusion of "Sexual Orientation" in any proposed "Hate Crimes" Legislation Improvements for Processing Prorated Personal Property Taxes Support for Connection Fee Payments and Attorneys' Fees Abandoned Nonconforming Signs Board of Zoning Appeals to be Created Tree Conservation Ordinance Solid Waste Ordinance Violation Locality may provide for removal or disposal of ash, cutting of grass and weeds. Procurement of professional services Fixed Price Contracts/Increases Municipal Recreation Deed Restriction Relattve Ftxed Prtce Contracts the request shall be changed from "A pubhc contract may tncludeprovtstons for modtficatton of the contract durtng performance, but no fixed prtce contract may be tncreased by more of the amount of the contract whtch shall not exceeed $50,000 wtthout the advance wrttten approval of the governtng body or the chtef executtve officer or hts destgnee" Mr Matthtas shall provtde examples October 2, 2001 -8- CITY MANA GER 'S BRIEFING 2002 COMMUNITY LEGISLATIVE AGENDA ITEM #4868 7 (Continued) ADDEND UM - PUBLIC SAFETY ISSUES Amend Code Deahng wtth Team Pohctng and Traffic Infracttons Amend State Code regardtng Eludtng Pohce DUI Arrest wtthout Warrant Approved Equtpment Non-Standard Equtpment Forfetture of Vehicle Multtple DUI Offenses Juvende Records Interference wtth Pubhc Safety Workers Overstze/Permttted Vehtcles or Loads Definmon of Sport Utthty Vehtcle Over-Hetght Vehtcles Slow Vehtcle }Varmng Escort Drtvers and Vehtcles Testtng for DUI Mr Matthtas referenced tssues mtght be added relattve the Post Labor Day opening Bill In years past, there has been language supporttng the Post Labor Day school opemng Correspondence has been recetved from the Hotel/Motel Assoctatton bastcally supporttng the extsttng State Code whtch allows locahttes to get watvers tf they wtsh However, wtthout a watver, Post Labor Day ts when school shall be open The School Board has backed away from the SMARTStart School Program The Hotel/Motel Assoctatton ts attempttng to get support from the locahaes most affected by tourtsm to support the existing legislation Concermng the Southampton Roads Coalition on Aging Legislative meeang wtth the Vtrgtnta Beach Task Force on Agtng betng one of the parttctpants, chd Mr Matthtas revtew any of the tssues ? The k'trgmta Care Gtvers Grant Program enumerated $500 grant avadabthty, but then was not funded and they are requestmg tt be ratsed to $1,000 Mr Matthtas shall revtewposstble state tssues and shall consult wtth Adult Protecttve Servtces forposstble mcluston of these ttems tn the Package The Conflict of lnterest Act was suggested as a posstble addttton to the package The Ctty Attorney advtsed the comprehenstve Confltct of Interests Act was enacted by the General Assembly tn 1987 The Act does need revtston wtth the asststance of a Study Commtttee It ts extraordtnardy broad tn some cases In many cases, the only authortty ts the Attorney General's optmon The Ctty Attorney beheves the Act should be revtewed by two General Assembly Sesstons Local Government attorneys throughout the State would be pleased to parttctpate The Act should not be lessened tn any sense of tts tmpact, but would be made clearer so the confltcts are apparent rather than subject to tnterpretaaon of the local government or the Commonwealth's Attorney Concermng the snctnerator for the horses, there ts a $75 O0 charge for these servtces, whtch ss determtned at the State level The tnctnerator charge and a regsonal tnctnerator wdl be constdered as part of these stems for review It was urged that Route 460 be placed at the top of the transportatton requests rather than at the bottom Mr Matthtas advtsed VDOT ts tn the process of htrtng a consultant to perform an envtronmental tmpact statement whsch wdl probably not be accomphshed untd after the first of the year Then, they are saysng st wdl take etght (8) years to accomphsh thss work before the "first shovel of dtrt ss turned" The 460 Commission was created because of the Vtrgtnta Beach's City Councd's efforts through the delegatson Addtttons wtll be tncluded sn City Councd's Frsday package October 2, 2001 -9- AGENDA RE VIEW SESSION 3:33 P.M. ITEM # 48688 I1 Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (ARP) easement and the tssuance of tts contract obhgattons at Pungo Ferry Road (DISTRICT 7 - PRINCESS ANNE) (Previously scheduled for September 11, 2001) (a) Gene G. Bright, Trustee (2001-39) 40 25 acres $141,860 Counctl Members Eure and McClanan wtll vote a VERBAL NAY on Item (a) (b) Gene G. Bright, David Bright, and Rosanne Ray (2001-40) 63 33 acres $512,973 Counctl Members Eure, McClanan and Wtlson wtll vote a VERBAL NAY on Item (b) ITEM # 48689 14 Resolutton to authorize and direct the Ctty Manager to execute a contract entttled, "Agreement for the provtston of electric service to muntctpahttes and counttes of the Commonwealth of Vtrgtnta from Virginia Electric and Power Company (VEPCO) ", dated August 6, 2001 Counctlman Jones wtll ABSTAIN as he has income from VEPCO whtch exceeds the statutory hmtts ITEM It 48690 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTION II Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (ARP) easement and the issuance of tts contract obhgattons at Pungo Ferry Road (DISTRICT 7 - PRINCESS ANNE) (Previously scheduled for September 11, 2001) (a) Gene G. Bright, Trustee (2001-39) 40 25 acres $141,860 (b) Gene G. Bright, David Bright, 63 33 acres $512,973 12 Ordtnance to APPROPRIATE $64, 787from the Reserve for Conttngenctes to the FY 2001-02 duventle Probatton Operattng Budget re admtntstrattng a new program for Non-Custodial Foster Care wtthtn the Comprehensive Services Act, and, ADDING a full-ttme posttton 13 Ordtnance to APPROPRIATE $44,538 tn addtttonal revenue to the FY2002 operattng budget of the Comprehenstve Servtces Act (CSA) spectal revenue fund, TRANSFER same to the FY 2002 operattng budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) re servtces required by the Comprehenstve Servtces Act, establish one full-ttme posttton to provtde servtces to emottonally troubled youth tn the pubhc schools, and, esttmated revenue tn the Comprehensive Services Act Special Revenue Fund be increased accordtngly October 2, 2001 14 - 10- AGENDA RE VIE W SESSION ITEM # 48690 (Continued) Resolution to authorize and direct the Ctty Manager to execute a contract entttled, "Agreement for the provtston of electric service to muntctpahttes and counttes of the Commonwealth of Vtrgtnta from Virginia Electric and Power Company (VEPCO) ", dated August 6, 2001 Counctl Members Eure and McClanan wtll vote a VERBAL NAY on Item I 1 (a) Counctl Members Eure, McClanan and Wtlson wtll vote a VERBAL NAY on Item I 1 (b) Counctlman Jones wtll ABSTAIN on Item 14 October 2, 2001 -11- AGENDA RE VIEW SESSION ITEM # 48691 J2 Apphcatton of PAUL C. LOWN for a Con&ttonal Use Permtt re a restdenttal multtple _family dwelhng (3 untts) on Lot 10, Block C, Lynnhaven Beach, on Urchtn Road and Ocean Avenue, contamtng 7,500 square feet (DISTRICT 5 - L YNNHA VEN) Thts ttem wtll be &scussed during Formal Sesston ITEM # 48692 Apphcatton of SAM'S REAL ESTATE BUSINESS TRUST for a Con&ttonal Use Permtt re an automobtle servtce statton (fuel sales) on the south side of Vtrgmta Beach Boulevard, east of North Plaza Tratl, contatntng 11 64 acres more or less (DISTRICT 3 - ROSE HALL) Councd Lady McClanan advtsed thts apphcatton may be approved, Lan&cape Plan Councd Lady Parker wtll vote a VERBAL NAY on this ttem ITEM # 48693 subject to ad&ng the amended J6 Apphcatton of SPRINT PCS for a Con&ttonal Use Permtt re a commumcatton tower at Dam Neck Road and General Booth Boulevard, (484 Dam Neck Road), contatntng 4, 800 square feet (DISTRICT 7 - PRINCESS ANNE) Counctl Lady Henley referenced correspondence from Attorney Romtne requesttng a 30-day DEFERRAL (November 13, 200D Council Lady Henley stated a pohcy nee& to be devtsed relattve commumcatton towers for the southern portion of the Ctty and the posstbthty of a stealth destgn Or&nances whtch requtre co-location may require these towers to be even taller Is there a posstbtltty to encourage these to be located on sttes where there ts more tndustrtal rather than on a natural stte Counctlman Branch wtshed to be advtsed of the network planned tn the southern portton of the Ctty Counctl Members Parker and Henley met wtth Steve Thompson, Robert Scott and Stephen Whtte relattve communtcatton towers Counctl Lady Parker beheves the towers should blend tn wtth the aesthettcs of the environment Counctl Lady Eure wished a report relattve commumcatton towers be scheduled for the Ctty Counctl Sesston of October 9, 2001 Counctlman Man&go satd the brtefing from Ctty Staff would also requtre the plans from each of the providers, and when thts ts recetved, tt becomes pubhc tnformatton Thts ts a &sadvantage to the apphcants as far as negottattons relattve sttes A workshop shall be scheduled for &scusston ofcommumcatton towers and this locatton ITEM # 48694 L8 Apphcatton of OCEANBA Y VENTURES, L.L.C. for a Change ofZontng Dtstrtct Classtficatton from I-1 Ltght Industrtal and R- 5D Restdenttal Duplex to Con&ttonal A-24 Apartment on the northwest corner of the Norfolk & Southern Ratlroad rtght-of- way and Cypress Avenue, contatmng 2 89 acres more or less (DISTRICT 6- BEACH) Councilman Branch advtsed thts ttem wtll be DEFERRED, B Y CONSENT, until the City Council Session of October 23, 2001. October 2, 2001 - I2- AGENDA RE VIEW SESSION ITEM # 48695 B Y CONSENSUS, thefollowtng shall compose the PLANNING B Y CONSENT AGENDA: J1 Apphcatton of CARLOS & JUDDEL PARKER for a Condtttonal Use Permtt re a church at Pleasure House Road and Independence Boulevard (1628 Independence Boulevard), contatntng 1 3 7 acres (DISTRICT 4 - BAYSIDE) J2 Apphcatton of CHESAPEAKE BAY TOWER ASSOCIATES L.P. for a Condtttonal Use Permtt re a monopole communtcatton tower at Ferry Road and Shore Drtve, (2465 Ferry Road), contatmng 5, 600 square feet (DISTRICT 4 - BA YSIDE ,14 Apphcatton of SAM'S REAL ESTATE BUSINESS TRUST for a Con&ttonal Use Permtt re an automobtle servtce statton (fuel sales) on the south side of Virginia Beach Boulevard, east of North Plaza Tratl, contatntng 11 64 acres more or less (DISTRICT 3 - ROSE HALL) ,15 Apphcatton of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a Condtttonal Use Permtt (renewal) re a church expanston at Prtncess Anne Road and Curry Comb Court, (2708 Princess Anne Road), contatntng 6 328 acres (DISTRICT 7 - PRINCESS ANNE) J6 Apphcatton of SPRINT PCS for a Condtttonal Use Permttre a commumcatton tower at Dam Neck Road and General Booth Boulevard, (484 Dam Neck Road), contammg 4, 800 square feet (DISTRICT 7 - PRINCESS ANNE) `17 Apphcatton of EASTMINSTER PRESBYTERIAN CHURCH for a Condtttonal Use Permtt re a chtld care educatton center at MacDonaht Road and In&an Rtver Road, (3229 MacDonald Road), contamtng 5 acres more or less (DISTRICT I - CENTER VILLE) `18 Apphcatton of OCEANBA Y VENTURES, L.L. C for a Change of Zontng Dtstrtct Classtficatton from I-1 Ltght Industrtal and R-5D Restdenttal Duplex to Condtttonal A-24 Apartment on the northwest corner of the Norfolk & Southern Ratlroad rtght-of-way and Cypress Avenue, contatmng 2 89 acres more or less (DISTRICT 6 - BEACH) ItemJ 4 wtll bepresented for APPROVAL, B Y CONSENT, wtth AMENDED Landscape Plan Counctl Lady Parker wtll vote a Verbal Nay Item J 6 will be presented for DEFERRAL, B Y CONSENT, until the City Council Session of November I3, 2001 Item J 8 wtll be presented for DEFERRED BY CONSENT, unttl the Ctty Counctl Sesston of October 23, 2001 ITEM # 48696 M 1 REQUEST TO RECONSIDER Apphcatton of MILLER/PARKER ASSOCIATES, for the dtsconttnuance, closure and abandonment of aportton of Lavender Lane at the tntersectton of Lavender Lane and Potomac Street, runmng tn a southerly dtrectton a &stance of 250 feet to the northern boundary of Cleveland Street, contatntng 12, 500 square feet (DISTRICT 2 - KEMPSVILLE) (Approved September 25, 2001) Counctlman Man&go advtsed thts ttem ts betng requested to reconstder, as there was a speaker on September 25, 2001 The Ctty Clerk chd not recetve Mr Davtd Ltndsay's card Based on a conversatton wtth Mr Ltndsey, Counctl Lady Wtlson, the Ctty Attorney, Ctty Clerk and htmself had after the meeting, tt was dectded to schedule this for the Ctty Counctl Sesston of October 2, 2001, to afford Mr Lmdsey the opportuntty to speak and the Counctl to evaluate thetr reason to (or not to) Reconsider October 2, 2001 -13- CITY COUNCIL COMMENTS 3:53 P.M. ITEM # 48697 Counctl Lady Henley stated she ts very uncomfortable tn meettng prtvately and negottattng wtth apphcants re planntng items She prefers to conduct ctty bustness tn a pubhc forum She requested the Ctty Attorney advtse the Ctty Counctl Members relattve any concerns wtth thetr negotiating individually with applicants The Ctty Attorney shall advtse He and the Ctty Manager have spoken at length relattve thts practtce ITEM # 48698 Counctl Lady Henley advtsed the Floodplain and Stormwater Amendments are scheduled for the City Counctl Sesston of October 23, 2001 As these are very extenstve, Counctl Lady Henley requested a Brtefing The Ctty Manager shall schedule a Brtefing on Floodplatn Regulattons for the Ctty Counctl Sesston of October 9, 2001 ITEM # 48699 Counctl Lady Eure mqutred tf the water pipes are currently being placed underground on the Nimmo Parkway. The Ctty Manager advtsed they are plactng the ptpes under the Ashvtlle Brtdge Creek Thts ts a better situation and removes the "eyesore" Comments have been favorable ITEM # 48 700 Counctl Lady Eure referenced correspondence from a bustnessman offertng to place a flag pole tn front of the Court House tn honor of hts brother Hts brother was stattoned at Pearl Harbor on December 7, 1941, durtng the attack and then lost hts hfe servtng his country tn the battle of Guadalcanal Counctl Lady McClanan concurred and thought tt approprtate for flags to be on the grounds of all pubhc butl&ngs Tom Barton donated the Flags tn Flag Square at City Hall The Ctty Manager advtsed the staff had been worktng wtth the Judges on thts tssue, who wtsh to memortahze former Judge Lam, who had been the National President of the American Legion The City Manager was trytng to coor&nate thts wtth the opemng of the street tn front of the Court House He forwarded the request from the bustnessman to the Judges Counctl Lady Wtlson concurred ITEM # 48 701 Counctlman Man&go advtsed there are many bike riders on Princess Anne Road, a gentleman who works tn the same office as Counctlman Man&go has sertous concerns relattve the famthes and groups of rtders on the rural roads on the weekends, parttcularly tn view of the heavy truck traffic Thete are some bhnd curves He tnqutred, tf there would be some remedy to the sttuatton etther through signage or creating shoulders to make these ctttzens understand the sertousness of thts sttuatton The majortty of Prtncess Anne Road tn the Prtncess Anne Dtstrtct are narrow October 2, 2001 - 14- ITEM # 48702 Former Mayor Louts R Jones called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, October 2, 2001, at4 04PM Council Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and Rosemary Wdson Councd Members Absent Wdham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vice Mayor Wdham D Sessoms, Jr October 2, 2001 -i5- ITEM # 48 703 Former Mayor Louts R Jones entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtma, as amended, for the followmg purpose PERSONNEL MATTERS Dtscusston, consideration or interviews of prospecttve candtdates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Appotntments Boards and Commtsstons Franczs Land House Board of Governors Prtncess Anne Commons Steertng Commtttee Pubhc Ltbrary Board PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Agrtcultural Reserve Program Prtncess Anne Dtstrtct Acqutsttton/Dtsposttton of Property Beach Dtstrtct Prtncess Anne Dtstrtct LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) Oceanfront Tttle Issues/Cavaher Hotel Corporatton v Ctty of Vtrgtnta Beach Upon motton by Counctlman Mandtgo, seconded by Counctl Lady Parker, Ctty Council voted to proceed tnto CLOSED SESSION. Vottng 8-0 Council Members I,'ottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and Rosemary l, gtlson Counctl Members Voting Nay None Counctl Members Absent Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Mayor Wtlham D Sessoms, dr [7tce (Time of Closed Session: 4:06 P.M. to 6:05 P.M.) October 2, 2001 -16- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL October 2, 2001 6:10 P.M. Former Mayor Louts R Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, October 2, 2001, at 6 10 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, , Barbara M Henley, Louts R Jones Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker and Rosemary Wtlson Counctl Members Absent Mayor Meyera E Oberndorf [Boston Urban Land Conference annual meettng] Vtce Mayor Wtlhams D Sessoms, Jr [Out of the Ctty re Bank Busmess] Wtlham W Harrtson, Jr [Legal Appotntments] INVOCATION Reverend Wdham E Austtn, Jr Vtrgtnta Beach Chrtsttan Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 2, 2001 Item V-E -17- CER TIFICA TION OF CLOSED SESSION ITEM # 48 704 Upon motton by Council Lady Eure, seconded by Counctlman Branch.~ Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certification resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motion convemng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 8-0 Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Nancy K Parker,, and Rosemary Wilson Council Members Vottng Nay None Counctl Members Absent Wdham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr October 2, 2001 Beso u on CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virg~ma Beach C~ty Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded ~n ITEM it 48703, page 15, and in accordance w~th the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344 of the Code of V~rg~ma requires a certification by the governing body that such Closed Session was conducted in conformity w~th V~rgmia law. NOW, THEREFORE, BE IT RESOLVED: That the V~rg~ma Beach C~ty Council hereby certffies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Session to which th~s certffication resolution apphes; and, (b) only such pubhc business matters as were identified ~n the motion convemng th~s Closed Session were heard, d~scussed or considered by V~rgm~a Beach City Councd. l~uth Hodges ~'m~th, MMC City Clerk October 2, 2001 Item V-F. 1. -18- MINUTES ITEM # 48 705 Upon motton by Counctl Lady Henley, seconded by Counctlman Man&go, Ctty Counctl APPROVED, AS AMENDED, the Minutes of the INFORMAL AND FORMAL SESSIONS of September 25, 2001 ITEM # 48652, Page 20 The following sentence shall be added after the verbiage "Mr Jack Whitney, Dtrector- Agriculture, ts prepartng an Or&nance scheduled for an October Ctty Counctl Sesston One of the proJects selected ts to seek fun&ng and locatton for a large antmal tnctnerator" However, the Ctt_¥ Manager was &rected to handle thts admtntstrattvel?,, rather than through an Or&nance Vottng 8-0 Council Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ivtlham tV Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor IVtlltam D Sessoms, Jr October 2, 2001 - 20- Item V-H. 1. INTR OD UCED ITEM # 48 70 7 Former Mayor ,Jones requested Chtef Gregory Cade present the guests tn attendance Chtef Cade tntroduced the vtstttng Ftreman and Pohceman from our Stster Ctty, North Down, Bangor, Northern Ireland Brian Gough Fire Divisional Officer Billy Justin Inspector Royal Ulster Constable Former Mayor Jones also recogmzed our Own Melvin Mathias Fire Deputy Chief Michael Glendon Police Lieutenant October 2, 2001 Item V-H. 1. PUBLIC HEARING - 21 - ITEM # 48 708 Former Mayor Louts R Jones DECLARED A PUBLIC HEARING: REDISTRICTING Assistant City Attorney Larry Spencer outlined the process relative Redistricting and a&,tsed two general information meetings were held in June and July A page has been created on the city's Webstte, which contains information relative the schedule and process In co-operation with the office of Pubhc Information, a Redlstrtctlng packet has been formulated including a map by which interested citizens could produce a plan Mr Kimball Brace, President of Election Data Services, has met with Council Members and citizenry on three occasions relative the issues to assist them with proposed plans On September 5, 6, 12 and 13, 2001, four meetings were conducted with the proposed plans on &splay These proposals are also on &splay at the Central Library, Baystde Recreation Center, Seatack Recreation Center, Voter Reglstrar's office, and in the City Council Chamber The City Attorney advised there will be another Public Hearing on October 9, 2001, with a vote on the proposed Redistricting Plan scheduled for October 23, 2001 (subJect to City Council requiring additional mformatton) Mr Brace referenced the proposed Redistricting Plans Composite Alternative Eure-Mandigo Groveland Park Civic League Henry Ryto 2 Pembroke Manor Civic League Rudy Wilson 11 (new Plan received electronically on Sunday September 30) Comparison reports between the new Plans and existing 1990 Districts are provtded for each proposal, five of the stx plans all havmg 7 Districts Rudy Wilson had an 11 single District Plan A cover sheet depicting the percentage of new District, that came from the old Dtstrlct, of each of the Plans (with exception of Rudy Wilson 11)was also chstrtbuted to City Council The following registered to speak tn SUPPORT of the Pembroke Master Plan Gene R Moore, 4604 Wtlhamsburg Court 23462, Phone 497-5174 Robert &pka, President - Pembroke Manor Civic League, 412 Betsy Ross Road 23462, Phone 490-0630 The following registered to speak tn SUPPORT of the Henry Ryto 2 Proposal: Henry Ryto, 864 Old Virginia Beach Boulevard 23451, Phone 428-2763 The following registered to speak In SUPPORT of the Rudy Wilson 11 District Proposal Brian Ktrwtn, 304 Cripple Creek Court 23452, Phone 463-0399, Shewhng Wong, 4621 Dorchester Lane 23464, Phone 474-6194 Georgia F Allen, 4405 Runmng Brook Drive 23462, Phone 687-3171, Member - Community Coahtlon for a Better Virginia Beach Nony Abrajano, 972 Aspen Drive 23464, Phone 420-418I, Chairman - National Federation of Filipino~ American Assoc and Member - Community Coahtton for a Better Virginia Beach Gtl Zulueda - National Federation of Fthptno/ Amertcan Assoc , 1105 Brtks Lane 23464, Phone 495-1618 Member - Community Coahtton for a Better Virginia Beach Mary Nelson, 1994 Newland Drive 23456, Phone 468-6164, Ron Vtllanueva, 5691 Pin Oak Court 23464, Phone 523-9393, Member- Community Coahtton for a Better Virginia Beach Dr Charles E Flowers, 4604 McGregor Drive 23462, Phone 499-0403 Charles W Edmonds, 3013 Red Maple Lane 23452, Phone 498-7317 Rudy Wilson, 6381 Chestnut Hill 23464, Phone 523-1679, Principal designer of the Rudy Wilson 11 Plan, Member - Commumty Coahtton for a Better Virginia Beach There being no further speakers, Former Mayor Jones CLOSED THE PUBLIC HEARING. October 2, 2001 - 22 - Item V-H. 2. PUBLIC HEARING ITEM # 48 709 Former Mayor Louts R Jones DECLARED ,4 PUBLIC HEARING: AGRICULTURAL RESERVE PROGRAM (ARP) - (DISTRICT 7 - PRINCESS ANNE) Gene G. Bright, Trustee - 40 25 acres Gene G. Bright, David Bright and Rosanne Ray - 63 33 acres There betng no speakers, Former Mayor Jones CLOSED THE PUBLIC HEARING October 2, 2001 Item V=I. - 23 - ORDINANCES/RES OL UTION ITEM # 48 710 Upon motton by Councdman Branch, seconded by Counctl Lady Parker, Ctty Counctl APPROVED IN ONE MOTION, Or&nances/Resolutton 1, 2, 3 and 4 of the CONSENT AGENDA. Vottng 8-0 (By Consen0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and Rosemary Wtlson Councd Members Vottng Nay None Council Members Absent Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Eure and McClanan voted a VERBAL NAY on Item Ia Counctl Members Eure, McClanan and Wdson voted a VERBAL NAY on Item lb Item V-1 b This motion failed for lack of stx affirmative votes Counctlman Jones ABSTAINED on 14 as he has tncome from VEPCO whtch exceeds the statutory hmtts October 2, 2001 - 24 - Item V-I. l a ORDINANCES/RES OL UTION ITEM # 48 711 Upon motion by Counctlman Branch, seconded by Counctl Lady Parker, Ctty Council ADOPTED Ordtnance to AUTHORIZE the acqmsttton of Agrtcultural Reserve Preservatton (AR_P) easement and the tssuance of tts contract obhgattons at Pungo Ferry Road (DISTRICT 7 - PRINCESS ANNE) (Previously scheduled for September 11, 2001) (a) Gene G. Bright, Trustee (2001-39) 40 25 acres $141,860 Voting 6-2 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Robert C Man&go, .Ir, Nancy K Parker, and Rosemary Wilson Counctl Members Vottng Nay Margaret L Eure and Reba S McClanan Counctl Members Absent Wdham W Harrison, ,Ir, Mayor Meyera E Oberndorf and Vice Mayor Wtlham D Sessoms, dr October 2, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $141,860 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $141,860; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agrIcultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 5.10% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 7.10% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby 66 constitutes the indebtedness a contractual obligation bearing 67 the full faith and credit of the City. 68 69 70 71 72 73 74 75 76 Adopted by the Council of the City of Virginia Beach, Virginia, on this -2nd day of October , 20C)1. Adoption requires an affirmative vote of a majority of all members of the City Council. CA-8231 wmmkbrightbnrorn, wpd R-1 August 21, 2001 77 78 79 8O APPROVED AS TO CONTENT' Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY- Law Department 81 82 83 CERTIFIED AS TO AVAILABILITY OF FUNDS' Di~ecto-r ~f Finance ' , AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2001-39 SUMMARY OF MATERIAL TERMS SELLER: Gene G. Bright, Trustee PROPERTY LOCATION: Buzzard Neck Road PURCHASE PRICE: $141,860 EASEMENT AREA: 40 25 acres, more or less DEVELOPMENT POTENTIAL: 5 single-family dwelling building sites (4 acquired, 1 reserved for future development) DURATION: Perpetual INTEREST RATE: Equal to y~eld on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 5.10% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement) Rate may not exceed 7.10% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment ofpnnclpal due 25 years from [PA date RESTRICTIONS ON TRANSFER: [PA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of[PA. ARP Boundary Line Under Consideration BL A(~KVd~TgR Bright Family Item V-I.b. - 25 - ORDINANCES/RESOL UTION ITEM # 48 712 Upon motton by Councdman Branch, seconded by Councd Lady Parker, Ctty Councd ADOPTED Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (ARP) easement and the tssuance of tts contract obhgattons at Pungo Ferry Road (DISTRICT 7 - PRINCESS ANNE) (Previously scheduled for September 11, 200D (b) Gene G Brtght, Davtd Brtght, and Rosanne Ray (2001-40) 63 33 acres $512,973 Vottng 5-3 (By ConsenO THIS MOTION FAILED FOR LACK OF SIX (6) AFFIRMATIVE VOTES (see Ctty Attorney's letter here appended) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Mandtgo, Jr and Nancy K Parker Robert C Council Members Vottng Nay Margaret L Eure, Reba S McClanan and Rosemary Wtlson Counctl Members Absent Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr October 2, 2001 City of Virginia Beach LESLIE L LILLEY CITY A'FI'ORNEY MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427 4531 FAX (757) 426-5687 TDD (757) 427-4305 October 4, 2001 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Ruth Hodges-Smith, City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Insufficient Number of Affirmative Votes for Adoption- ARP Acquisition Ordinance of October 2, 2001 Property of Gene G. Bright, David Bright, and Rosanne Ray Dear Mayor Oberndorf and Members of Council: At your preliminary agenda session of October 2nd when the consent agenda was set, the City Clerk pointed out to me that there would only be five affirmative votes for passage of the above- referenced ordinance and asked if that number of votes would be sufficient for adoption of the ordinance. We immediately reviewed the issue and concluded that an Agricultural Reserve Program acquisition ordinance approves an installment sales contract for the purchase of land, and thus requires only a majority of those present and voting, rather than a majority o fthe entire City Council. On Wednesday after the Council meeting, we revisited the issue and determined that the installment sales contract includes a pledge of the full, faith and credit of the City, and it is the addition of that pledge which requires six affirmative votes for adoption. Because the vote in this case was five to three, with three members of Council being absent, the ordinance did not receive a sufficient number of affirmative votes to be adopted. The minutes of October 2"a should reflect that the motion to adopt the subject ordinance failed, as it was not approved by a majority of all of the members of the governing body, and this letter should be appended to those minutes. Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector. Honorable Meyera E. Oberndorf, Mayor Members of City Council -2- October 4, 2001 Re.' Insufficient Number of Affirmative Votes for Adoption - ARP Acquisition Ordinance of October 2, 2001 Property of Gene G. Bright, David Bright, and Rosanne Ray If Council wishes to revisit this issue when all members are present, any member may move for reconsideration of the matter at any time. Thank you for your consideration of this matter, and I appreciate the City Clerk's having brought this matter to our attention. Very truly yours, Leshe L Lflley City Attorney LLL/cms CC: James K. Spore, City Manager William J. Whitney, Jr. AICP, Director of Agriculture - 26- Item V-I.2. ORDINANCES/RES OL UTION ITEM # 48 713 Upon motton by Councilman Branch, seconded by Counctl Lady Parker, City Council ADOPTED Ordinance to APPROPRIATE $64,787from the Reserve for Conttngenctes to the FY2001-02 Juvende Probatton Operattng Budget re admmtstratmg a newprogramfor Non-Custodial Foster Care wtthtn the Comprehenstve Servtces Act, and, ADDING a full-ttme posttton Vottng 8-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Absent Wtlham W Harrison, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr October 2, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE $64,787 FROM RESERVE FOR CONTINGENCIES TO THE FY 2001-02 JUVENILE PROBATION OPERATING BUDGET TO ADMINISTER A NEW PROGRAM WITHIN THE COMPREHENSIVE SERVICES ACT WHEREAS, by funding the establishment of one full-time position and related expenditures to administer the program, City staff can begin programmatic changes that permmt the use of state funds and will reduce overall City Comprehensive Services Act 14 expenditures. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 17 THE CITY OF VIRGINIA BEACH, VIRGINIA' 18 1. That $64,787 ms hereby transferred from the Reserve 19 20 for Contingencies to the FY 2001-02 Juvenile Probation Operating Budget to fund programmatmc changes mntended to decrease the 21 City's expenditures under the Comprehensmve Services Act. 22 23 2. That one new full-time position is hereby added to the FY 2001-02 Juvenile Probation Operating Budget. 24 25 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day Ofoctober , 2001. 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 APPROVED AS TO CONTENT Management ~erv APPROVED AS TO LEGAL SUFFICIENCY City Attorney~Office CA8255 DATA/ORDIN/NONCODE/CSA Ordinance.wpd September 24, 2001 R3 -27- Item V-I.$. ORDINANCES/RES OL UTION ITEM # 48 715 Upon motton by Counctlman Branch, seconded by Council Lady Parker, City Counctl ADOPTED Ordtnance to APPROPRIATE $44,538 tn addtttonal revenue to the FY 2002 operattng budget of the Comprehenstve Services Act (CSA) special revenue fund, TRANSFER same to the FY 2002 operattng budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) re servtces requtred by the Comprehenstve Servtces Act, establish one full-ttme posttton to provtde services to emottonally troubled youth tn the pubhc schools, and, esttmated revenue tn the Comprehenstve Servtces Act Spectal Revenue Fund be tncreased accordtngly Vottng 8-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and Rosemary Wtlson Councd Members Vottng Nay None Council Members Absent Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr October 2, 2001 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE $44,538 IN ADDITIONAL REVENUE TO THE FY 2002 OPERATING BUDGET OF THE COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND AND TO TRANSFER THESE FUNDS TO THE FY 2002 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES TO DELIVER SERVICES REQUIRED BY THE COMPREHENSIVE SERVICES ACT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the Comprehensive Services Act provides an array of services to emotionally troubled youth, including therapeutic interventions to children in the public schools; and WHEREAS, Virginia Beach Public Schools have determined that demand for this service is sufficient to request the establishment of an additional full-time position that will be reimbursed through Comprehensive Services Act funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $44,538 resulting from an increase in estimated revenue ~s hereby appropriated to the FY 2002 Operating Budget of the Comprehensive Services Act Special Revenue Fund and transferred to the FY 2002 Operating Budget of the ]Department of Mental Health, Mental Retardation, Substance Abuse Services for the purposes of providing mental health services in the public schools. 2. That one (1) posit~on to provide services in the public schools is hereby established ~n the FY 2002 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services. 3. That estimated revenue ~n the Comprehensive Services Act Special Revenue Fund for FY 2002 is hereby increased by $44,538, as a result of revenue from the Commonwealth increasing by $28,642 and m~scellaneous revenue generated from 35 36 payments by the Virginia Beach City Public Schools increasing by $15,896. 37 38 Adopted the 2 day of October , 2001, by the 39 Council of the City of Virginia Beach, Virginia. 40 41 42 43 CA8256 DATA/ORDIN/NONCODE / cs amhs chord2, wpd September 27, 2001 R3 APPROVED AS TO CONTENT: Management Services / APPROVED AS TO LEGAL SUFFICIENCY: 5epartmen~of Law , Item V-I. 4. - 28 - ORDINANCES/RESOL UTION ITEM # 48 716 Upon motton by Counctlman Branch, seconded by Counctl Lady Parker, City Counctl ADOPTED: Resolutton to authorize and direct the Ctty Manager to execute a contract entttled, "Agreement for the provtston of electric service to muntctpahttes and counties of the Commonwealth of Vtrgtnta from Virginia Electric and Power Company (VEPCO)", dated August 6, 2001 Voting 7-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and Rosemar) Wtlson Counctl Members Votmg Nay None Council Members Abstatmng Louts R Jones Counctl Members Absent Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr Counctlman Jones ABSTAINED on 14 as he has tncome from VEPCO whtch exceeds the statutory hmtts October 2, 2001 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT ON BEHALF OF THE CITY FOR THE PURCHASE OF ELECTRIC SERVICE FROM VIRGINIA ELECTRIC AND POWER COMPANY WHEREAS, the contract under which the City of Virginia 8 Beach purchases electric service from Virginia Electric' and Power 9 Company (VEPCO) expired as of June 30, 2000; and 10 WHEREAS, the City, through its representation on a 11 Steering Committee composed of members of the Virginia Municipal 12 League (VML) and Virginia Association of Counties (VACo), has 13 negotiated a new contract with VEPCO; and 14 WHEREAS, the Steering Committee has recommended approval 15 of a new contract for the purchase of electric service; and 16 WHEREAS, the proposed contract sets forth rates, terms 17 and conditions for the purchase electric service from VEPCO which 18 are fair and reasonable; and 19 WHEREAS, the City Council hereby finds that competitive 20 bidding or negotiation is not required for the purchase of the 21 services contemplated by the proposed contract, in that VEPCO 22 presently is the sole source for the retail purchase of 23 electricity, and the proposed contract allows the City to purchase 24 electric service from other providers in accordance with the 25 provisions of the Virginia Electric Utility Restructuring Act, 26 Virginia Code Sections 56-576 through 56-595; and 27 WHEREAS, a complete copy of the proposed contract, a 28 summary of the material terms of which is hereto attached, is on 29 file at the Office of the City Attorney and is available for public 30 inspection. 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 That the City Manager be, and hereby is, authorized and 34 35 36 37 directed to execute, on behalf of the City, the proposed contract entitled ~Agreement for the Provision of Electric Service to Municipalities and Counties of the Commonwealth of Virginia from Virginia Electric and Power Company", dated August 6, 2001. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of October , 2001. CA-8254 wmm~ordres~2001vepcocontract.res R-1 September 18, 2001 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Law Agreement for the Provision of Electric Service Other Party Purpose: Term. Rates' Exclusivity' Retail Choice Phase-In Capital Projects: Contract Re- Openers Summary of Material Terms Virginia Electric and Power Company (VEPCO) Purchase of electric service by City from VEPCO July 1, 2000 through June 30, 2007 Base rates are capped at old (7/97 - 6/00) contract rates for entire seven years of new contract Monthly fuel adjustment continues as in prior contracts. Actual rates vary according to specific account and applicable rate schedule. City has the option of purchasing all of its electricity from VEPCO, but may switch any or all accounts to alternative supplier at any time ("retail choice") after retail choice becomes available City may switch back to VEPCO at any time, but must thereafter stay with VEPCO for a minimum period consistent with State Corporation Commission (SCC) rules (generally, 12 months) NOTE: Per SCC, "competitive electric supply, will depend entirely on the wdhngness of competitive suppliers to enter the Vlrglma market" Per SCC order, 1/3 of local government accounts must be subject to retail choice beginning on January 1, 2002, add'l 1/3 beglnmng on September 1, 2002, all by January 1, 2003 Clarifies use of City contractors to perform capital projects and sets up Joint Action Committee to effect positive changes in procedures to improve service to localities Allows rate adjustments for financial distress in circumstances in which the SCC has made a finding that VEPCO is subject to financial distress beyond its control - 29- Item V-J. PLANNING ITEM # 48 717 1. CARLOS & JUDDEL PARKER CONDITIONAL USE PERMIT 2. CHESAPEAKE BAY TOWER ASSOCIATES L.P. CONDITIONAL USE PERMIT 3. PAUL C. L O WN CONDITIONAL USE PERMIT 4. SAM'S REAL ES TA TE CONDITIONAL USE PERMIT 5. CO UR THO USE COMMUNITY UNITED METHODIST CHURCH CONDITIONAL USE PERMIT 6. SPRINT PCS CONDITIONAL USE PERMIT 7. EASTMINSTER PRESBYTERIAN CHURCH CONDITIONAL USE PERMIT 8. OCEAN BAY VENTURES, L.L. C. CONDITIONAL CHANGE OF ZONING October 2, 2001 - 30- Item V-J. PLANNING ITEM # 48 718 Upon motton by Counctlman Branch, seconded by Counctl Lady Parker, City Counctl APPROVED in ONE MOTION Items 1, 2, 4, 6 (DEFERRED), 7 and 8 (DEFERRED) of the PLANNING AGENDA Item 4 was APPROVED, BY CONSENT, ad&ng the amended Landscape Plan Item 6 was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of November 13, 2001 Item 8 was DEFERRED, BY CONSENT, unttl the Ctty Counctl Session of October 23, 2001 Vottng 8-0 (By ConsenO Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, dr, Nancy K Parker, and Rosemary Wdson Counctl Members Vottng Nay None Council Members Absent Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr Counctl Lady Parker voted a VERBAL NAY on Item J 4 (SAM's REAL ESTATE BUSINESS TRUST) October 2, 2001 -31 - Item V-J. 1. PLANNING ITEM # 48 719 Upon motton by Counctlman Branch, seconded by Counctl Lady Parker, City Counctl ADOPTED the Ordtnance upon apphcatton of CARLOS & JUDDEL PARKER for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF CARLOS & JUDDEL PARKER FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO10013075 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Applicatton of Carlos & duddel Parker for a Conchttonal Use Permttfor a church on the east side of Independence Boulevard, 200 feet south of Pleasure House Road (GPIN #1479-23- 7563) Satd parcel ss located at 1628 Independence Boulevard and contatns 1 37 acres DISTRICT 4 - BA YSIDE The followtng conchttons shall be requtred The apphcant shall obtatn all the necessary permtts, inspections, and approvals from the Ftre Department and the Permtts and Inspections Dtvtston of the Plannmg Department before occupancy of the butldmg A Certtficate of Occupancy for the use shall be obtatned from the Permtts and Inspecttons Dtvtston of the Planntng Department Thts Ordtnance shall be effective tn accordance wtth Sectton 107 (JO of the Zomng Ordinance Adopted by the Council of the Ctty of Vtrgmta Beach, Vtrgznta, on the Second of October, Two Thousand One Vottng 8-0 (By Consent) Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and Rosemary Wtlson Council Members Votmg Nay None Counctl Members Absent Wtlham W Harrison, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr October 2, 2001 - 32 - Item V-J. 2. PLANNING ITEM # 48 720 Upon motton by Councdman Branch, seconded by Counctl Lady Parker, Ctty Councd ADOPTED an Ordtnance upon Apphcatton of CHESAPEAKE BAY TOWER ASSOCIATES L.P. for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF CHESAPEAKE BAY TO WER ASSOCIATES L P FOR A CONDITIONAL USE PERMIT RO10013076 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Chesapeake Bay Tower Assoctates L P for a Con&ttonal Use Permtt for a monopole commumcatton tower on the east stde of Ferry Road, 250 feet more or less north of Shore Drtve (GPIN #1469-18-3523, #1469-29-1708, #1469-19-9359) Satdparcel ts located at 2465 Ferry Road and contains 5,600 square feet DISTRICT 4 - BA YSIDE The followtng conchttons shall be requtred The tower height ts hmtted to 103 feet as deptcted on the submttted stte plan tttled "FERR Y ROAD SITE, LITTLE CREEK, 2465 FERRY ROAD, VIRGINIA BEACH, VIRGINIA 23520", prepared by Clark-Nexson Archttecture& Engtneertng, dated 03/05/01 2 The apphcant shall submit to the Planntng Department the followtng ttems for revtew before approval of the stte plan A report from a regtstered structural or ctvtl engineer tnchcattng tower hetght and destgn, structure, tnstallatton, and total anticipated capactty of structure (mcludmg number and type of antennas whtch could be accommodated) Thts data shall sattsfactortly demonstrate that the proposed tower conforms to all structural requirements of the Untform Statewtde Butldmg Code A statement from a registered engmeer that the NIER (non- tontztng electromagnettc radtatton) emttted therefrom does not result tn a ground level exposure at any potnt outstde such facthty whtch exceeds the lowest apphcable exposure standards estabhshed by any regulatory agency of the U S Government or the Amertcan Nattonal Standards Instttute A letter from the Federal Avtatton Admtntstratton concermng any spectal hghttng and/or patnttng of the tower due to tts proxtmtty to Norfolk Internattonal Atrport Unless a watver ts obtatned from the Ctty of Vtrgmta Beach Department of Commumcattons and Informatton Technology (COMIT), a ra&o frequency emtsstons study (RF Study), conducted by a quahfied engtneer hcensed to practice tn the Commonwealth of Vtrgtma, showtng that the tntended user(s) wall not tnterfere wtth any Ctty of Vtrgtnta Beach emergency communtcattons faczlzttes, shall be provtded prtor to stte plan approval for the ortgtnal tower user and all subsequent users In the event tnterference wtth any Ctty emergency communtcattons facthttes arises from the users of thts tower, the user(s) shall take all measures reasonably necessary to correct and ehmtnate the interference If the tnterference cannot be ehmtnated wtthtn a reasonable time, the user shall tmmedtately crease operatton to the extent necessary to stop the tnterference October 2, 2001 i Item V-J.2. - 33 - PLANNING ITEM # 48 720 (Continued) Due to the tndustrtal locatton and use of thts site, screemng and buffering of the stte wtll not be required In the event that the tower ts tnacttve for a pertod of one (1) year, tt shall be removed at the owner's expense Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Second Of October, Two Thousand One Voting 8-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vice Mayor Wtlham D Sessoms, Jr October 2, 2001 Item V-J. 3. - 34- PLANNING ITEM # 48 721 Douglas Talbot, 6160 Kempsvtlle Ctrcle, State 20A, Phone 455-5800, represented the appphcant A MOTIONwas made by Councdman Man&go, seconded by CounctlLady Wdson to ADOPT an Or&nance upon Apphcatton of PAUL C. LOWN for a Con&ttonal Use Permtt A SUBSTITUTE MOTION was made by Councd Lady Eure, seconded by Counctl Lady Henley to DEFER until the City Council Session of November 27, 2001, an Or&nance upon Apphcatton of PAUL C. LO~TV for a Con&ttonal Use Permtt This wtll enable an Amendment to the Zontng Or&nance to be expe&ted to the Ctty Councd Sesston of November 27, 2001, whtch will allow two umts mstead of three to butlt tn thts Dtstrtct Voting' 4-4 (MOTION LOST TO A TIE VOTE) Counctl Members Voting Aye Ltnwood 0 Branch, IIL Margaret L Eure, Barbara M Henley and, Nancy K Parker Council Members Vottng Nay' Louts R Jones, Reba S McClanan, Robert C Man&go, Jr and Rosemary Wtlson Council Members Absent Wdham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wdham D Sessoms, Jr October 2, 2001 I - 35- Item V-d. 3. PLANNING ITEM # 48721 (Continued) A The Matn MOTION was made by Counctlman Man&go, seconded by Councd Lady Wtlson to ADOPT an Or&nance upon Apphcatton of PAUL C. LOWN for a Con&ttonal Use Permtt ORDINANCE UPON APPLICATION OF PAUL CLOWN FOR A CONDITIONAL USE PERMIT Or&nance upon Apphcatton of Paul C Lown for a Con&ttonal Use Permit for restdenttal multiple faintly dwelhng (3 untt butl&ng) on the west stde of Urchtn Road, 200feet south of Ocean Avenue (GPIN #1590-10-3410) Satd parcel ts located on Lot 10, Block C, Lynnhaven Beach and contatns 7, 500 square feet DISTRICT 5 - L YNNHA VEN Vottng 2-6 (MAIN MOTION TO APPROVE LOST TO NEGATIVE VOTE) Counctl Members Vottng Aye Robert C Man&go, Jr and Rosemary Wtlson Council Members Vottng Nay Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley Louts R Jones, Reba $ McClanan and Nancy K Parker Counctl Members Absent Wtlham W Harrison, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr October 2, 2001 URCHIN ROAD SITE PICTURES October, 2001 COMMISSION NUMBER: 1539.2 6 ~ 6 o K~ C~d~ Su~ 200A Norfolk, l/wgtma 2S302 (757) 455 5800 Fax: (757) 455-5638 http'//www darknexsen ccm LOOKING EAST ON SITE SHOWING ADJACENT CONDO/APT OWNERS/RENTERS ENCROACHMENT AND USE OF PROPERTY (SITE) FOR GARDENS AND LEISURE USAGE. LOOKING EAST SHOWING SITE AND ENCROACHMENTS. LOOKING EAST SHOWING EXISTING DECKS AND BALCONIES ADJACENT TO SITE. LOOKING WEST AT CONDO, APARTMENTS, AND SHEDS ADJACENT TO THE SITE. PARCEL LOOKING WEST FROM URCHIN ROAD. SITE, LOOKING SOUTH, SHOWING ENCROACHMENT AND USE OF PROPERTY BY ADJACENT CONDO/RENTERS l- ' 1 LOOKING NORTH FROM TERMINUS OF URCHIN ROAD. THE APARTMENTS SHOWN ARE BACKING ONTO THE EAST SIDE OF URCHIN ROAD ACROSS FROM SITE. LOOKING EAST ALONG NORTH PROPERTY LINE OF SITE FENCE IS ON THE PROPERTY LINE WITH THE ADJACENT PARKING LOT OWNED BY WESTMINISTER CANTERBURY. LOOKING WEST FROM EXISTING URCHIN ROAD AT ADJACENT CONDO AND APARTMENT UNITS SOUTH OF THE SITE. ADJACENT PARKING AREA, OWNED BY WESTMINISTER CANTERBURY, ON NORTH SIDE OF SITE. LOOKING NORTH FROM EAST END OF PROPERTY SHOWING NEW CONDOS AND FENCE AT PROPERTY LINE NEW CONDOMINIUMS BEING BUILT ALONG BAY ON OCEAN SHORE AVE OF SITE. NORTH I Item K-J. 4. - 36- PLANNING ITEM # 48722 Upon motton by Councdman Branch, seconded by Counctl Lady Parker, City Counctl ADOPTED an Ordtnance WITH ADDED LANDSCAPING PLAN to the Apphcatton of SAM'S REAL ESTATE BUSINESS TRUST for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF SAM'S REAL ESTATE BUSINESS TRUST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SER VICE STATION (FUEL SALES) RO10013077 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA An Ordinance upon Apphcatton of Sam's Real Estate Bustness Trust for a Condtttonal Use Permtt for an automobtle servtce statton (fuel sales) on certatn property located on the south stde of Vtrgtnta Beach Boulevard, 3 70feet east of North Plaza Tratl (GPIN#1487-84-3 745, #1487-84-5434) Satdparcel contains 11 64 acres more or less DISTRICT3 - ROSE HALL The followtng condtttons shall be requtred The facthty shall be constructed tn substanttal conformance with the submitted stte plan tttled, "CONCEPTUAL GAS SALES LAYOUT SAM'S CLUB #4711-00 Wal-Mart Stores, Inc, Vtrgtnta Beach, Vtrgtnta", prepared by Dewberry & Dams Inc, dated July II, 2001 Satd plan ts on file m the Czty of V~rgmta Beach Planmng Department The appearance of the facthty shall substanttally conform to the untttled color rendertngs submttted wtth the Condtttonal Use Permtt apphcatton and on file wtth the Ctty of Vtrgtnta Beach Planmng Department The canopy shall be metal wtth a dtmpled fintsh The canopy roof and fascia shall be tan tn color wtth a red strtpe The supporttng columns shall be betge Street frontage landscaptng shall be tnstalled tn the tslands along the northern and eastern perimeter of the facthty area Stgnage for the stte shall be hmtted to traffic control stgns and logos and strtptng on the fuel pump canopy and logo signs on the fuel dtspensers as shown on the rendertng descrtbed tn Condttton 2 No other signs shall be tnstalled on any other wall area, on the roof of the canopy, on hghtmgpoles, or any otherportton of the stte 5 No merchandtse shall be dtsplayed anywhere on the stte The facthty shall be avadable only to members of the Sam's Club If the operatton expands to tnclude the general pubhc, a traffic tmpact study of the facthty shall be submttted for revtew and approval to the Planntng Dtrector Thts Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Virginia, on the Second of October, Two Thousand One October 2, 2001 -37- Item V-J. 4. PLANNING ITEM # 48 722 (Continued) Vottng 7-1 (By Consen0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr and Rosemary Wtlson Counctl Members Voting Nay Nancy K Parker Counctl Members Absent Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr October 2, 2001 - 38- Item V-J.$. PLANNING ITEM # 48 723 Upon motton by Counctlman Branch, seconded by Counctl Lady Parker, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of Apphcatton of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a Condtttonal Use Permit (renewal) ORDINANCE UPON APPLICATION OF COURTHOUSE COMMUNITY UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION (RENEWAL) ROI 0013078 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Courthouse Communtty Untted Methodtst Church for a Condtttonal Use Permtt for a church expanston (renewal) on the east side of Prtncess Anne Road, north of Curry Comb Court (GPIN #1494-55-7644) Satd parcel ts located at 2708 Prtncess Anne Road and contatns 6 328 acres DISTRICT 7 - PRINCESS ANNE The followtng condtttons shall be requtred The two extsttng modular units are approved for a pertod of two years from the date of City Council approval The modular untts shall be removedprtor to the termtnatton of thts two-yearpertod The extsttng landscape screemng located around the untts shall be supplemented wtth addtttonal wax myrtle shrubs between those that have beenprevtouslyplanted The new shrubs shall be a mtntmum of three feet htgh at planttng and shall be setback three feet behtnd the extsttng row of shrubs The anttctpated result ss a double row of staggeredplanttngs approxtmately three feet apart along the full length of the south and east stdes of the modular untts A mtnzmum nine-foot wtde mulched planttng bed shall be installed around the shrubs The landscape bed and addtttonal plants shall be tnstalled wtthtn one month of the date of approval Extsttng healthy mature trees along the front property hne adjacent to Prtncess Anne Road, as shown on the submttted stte plan, shall be retatned for the duration of the use of the modular untts Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (/) of the Zomng Ordtnance Adopted by the Councd of the Ctty of Vtrgmza Beach, Vtrgmta, on the Second Of October, Two Thousand One Vottng 8-0 (By Consen0 Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and Rosemary Wtlson Counctl Members Vottng Nay None Council Members Absent Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr October 2, 2001 Item VoJ. 6. - 39- PLANNING ITEM # 48 724 Upon motton by Councdman Branch, seconded by Council Lady Parker, Ctty Counctl DEFERRED TO CITY COUNCIL MEETING of November 13, 2001, an Ordinance upon apphcatton of SPRINT PCS for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF SPRINT PCS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TO WER Ordtnance upon Apphcatton of Sprint PCS for a Con&ttonal Use Permtt for a commumcatton tower on the north side of Dam Neck Road, east of General Booth Boulevard (GPIN #2425-45-3375) Satd parcel ss located at 484 Dam Neck Road and contatns 4, 800 square feet DISTRICT 7 - PRINCESS ANNE Vottng 8-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and Rosemary Wtlson Counctl Members Voting Nay None Councd Members Absent Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wdham D Sessoms, Jr October 2, 2001 Item V-J. 7. - 40- PLANNING ITEM # 48 725 Upon motton by Counctlman Branch, seconded by Counctl Lady Parker, Ctty Council ADOPTED an Ordtnance upon apphcatton of EASTMINSTER PRESBYTERIAN CHURCH for a Condtttonal Use Permtt ORDINANCE UPONAPPLICA TION OF EASTMINSTER PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE EDUCATION CENTER RO10013079 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Apphcatton of Eastmtnster Presbytertan Church for a Condtttonal Use Permtt for a chtld care educatton center on the west stde of MacDonald Road, north of lndtan Rtver Road (GPIN #1446-96-2603) Satdparcel ts located at 3229 MacDonald Road and contatns 5 acres more or less DISTRICT 1 - CENTER VILLE The followtng condtttons shall be requtred Before operatton of the pre-school and the after-school program commences, the church shall obtain all the necessarypermtts and approvals from the Permits and Inspecttons Dtvtston of the Planntng Department, the Ftre Department, and the Department of Soctal Servtces A certtficate of occupancy shall be obtatned for the change of use tn the butldmg The student enrollment ts hmtted to a maxtmum of160 students If the Permtts and Inspecttons Dtvtston of the Planmng Department, the Ftre Department, or the Department of Soctal Servtces sets a lesser enrollment than 160 as the maxtmum, then that number shall govern the maxtmum allowed enrollment to the use permtt All ptck-up and drop-off of the children shall be accomphshed tn the church parktng lot wtth no "sptll-over" traffic queutng onto MacDonald Road or Justts Street Thts Or&nance shall be effecttve tn accordance wtth Section 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Second of October, Two Thousand One Vottng 8-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Wtlham W Harrison, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wdham D Sessoms, Jr October 2, 2001 Item V-J. 8. - 41 - PLANNING ITEM # 48726 Upon motton by Counctlman Branch, seconded by Council Lady Parker, City Counctl DEFERRED TO CITY COUNCIL MEETING of October 23, 2001, Ordtnance upon apphcatton of OCEAN BAY VENTURES, L.L.C. for a Condtttonal Change of Zomng ORDINANCE UPON APPLICATION OF OCEAN BAY VENTURES, L L C, A VIRGINIA LIMITED LIABILITY COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 AND R-5D TO CONDITIONAL A-24 An Ordtnance upon Apphcatton of Ocean Bay Ventures, L L C, a Vtrgtnta hmtted habthty company, for a Change of Zontng Dtstrtct Classt_ficatton from I-1 Ltght Industrtal Dtstrtct and R-5D Restdenttal Duplex Dtstrtct to Condtttonal A-24 Apartment Dtstrtct on certatn property located at the northwest corner of the Norfolk & Southern Railroad Right-of-Way and Cypress Avenue (GPIN #2417-94-4482) The proposed zonmg classtficatton change to Condtttonal A-24 ts for multt-famtly land use at a denstty no greater than 24 dwelhng units per acre The Comprehenstve Plan recommends use of these parcels for suburban restdenttal/medmm and htgh denstty use Satd parcel contatns 2 89 acres more or less DISTRICT 6- BEA CH Vottng 8-0 (By ConsenO Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and Rosemary Wtlson Counctl Members Vottng Nay. None Counctl Members Absent Wtlham W Harrtson, ,Ir, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, ,Ir October 2, 2001 - 42 - Item V-L. 1 APPOINTMENTS ITEM # 48 728 BY CONSENSUS, Ctty Council RESCHEDULED the followtng APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS PRINCESS ANNE COMMONS STEERING COMMITTEE October 2, 2001 - 43 - Item V-L. 2 APPOINTMENTS ITEM # 48 729 Upon NOMINATION by Councd Lady McClanan, Ctty Counctl REAPPOINTED: Karl F. Morrison 3-Year Term 9/1/01 - 8/31/04 PUBLIC LIBRARY BOARD Voting' 8-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent Wdham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vice Mayor Wtlham D Sessoms, Jr October 2, 2001 Item V-M. 1. - 44- REQUEST TO RECONSIDER ITEM # 48730 The followtng spoke tn OPPOSITION to the apphcatton and tn SUPPORT of Reconstdertng same Davtd Ltndsey, 5368 Provtdence Road 23464, Phon 424-5102, adjacent property owner Thomas Ltndsey, 4564 Bob Jones Drtve 23462, Phone 467-0439, adjacent property owners Edith Gordon Ltndsey, 4564 Bob Jones Drtve, Phone 467-0439 Upon motion by Counctlman Man&go, seconded by Counctl Lady Eure, Ctty Counctl ,4UTHORIZED RE. dD VERTISING ~4ND SCHEDULED RECONSIDER/I TION FOR 6:00 PM November 13, 2001 Apphcatton of MILLER/P,4RKER,,ISSOCI/I TES, for the dtsconttnuance, closure and abandonment of aportton of Lavender Lane at the tntersectton of Lavender Lane and Potomac Street, runntng tn a southerly dtrectton a &stance of 250 feet to the northern boundary of Cleveland Street, contatntng 12,500 square feet (DISTRICT 2 - KEMPSVILLE) (Approved September 25, 2001) Thts apphcatton was approved with con&ttons on September 25, 2001 Vottng 8-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and Rosemary Wtlson Council Members Voting Nay None Counctl Members Absent' Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, dr October 2, 2001 I - 45 - Item V-M.2. ITEM # 48 731 CITY CLERK TO RECORD, B Y CONSENSUS, the ABSTRA CT OF CIVIL CASES RESOL VED -August 2001 October 2, 2001 - 46- Item V-M.$. ITEM # 48 732 CITY CLERK TO RECORD, B Y CONSENSUS, The Abstract of Votes, as recorded by the General Regtstrar, from the SPECIAL ELECTION for the 14th State Senate Dtstrtct, held September 4, 2001 October 2, 2001 I Item V-N. 1. -47- ITEM # 48 733 Former Mayor Louts R Jones entertatned a motton to permtt City Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatmng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Agrtcultural Reserve Program - Princess Anne Dtstrtct A cqutsttton/Dtsposttton of Property Beach Dtstrtct Prtncess Anne Dtstrtct Upon motion by Counctl Lady Wilson, seconded by Counctlman Branch, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 8-0 Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr (Time of Closed Session: 8:25 P.M. to 9:27 P.M.) October 2, 2001 - 48- ITEM # 48 734 Former Mayor Louis R Jones RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, October 2, 2001, at 9 27PM Council Members Present Linwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and Rosemary Wilson Council Members Absent Wilham W Harrison, Jr, Mayor Meyera E Oberndorf and Vice Mayor Wilham D Sessoms, Jr October 2, 2001 - 49- Item V-E CER TIFICA TION OF CLOSED SESSION ITEM # 48 735 Upon motton by Councdman Man&go, seconded by Councdman Branch, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meeting requtrements by Vtrgtnta law were &scussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc busmess matters as were tdenttfied tn the motton conventng the Closed Session were heard, &scussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 8-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and Rosemary Wdson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W. Harrtson, Jr, Mayor Meyera E Oberndorf and Mayor Wtlham D Sessoms, dr Vice October 2, 2001 I CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rg~nia Beach C~ty Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 48733, page 47, and ~n accordance w~th the prowsions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of V~rgima requires a certification by the governing body that such Closed Session was conducted ~n confonmty w~th V~rgmm taw. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach C~ty 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 whmh this certfficatlon resolution applies; and, (b) only such public bttslness matters as were ~dentified in the motion convemng this Closed Session were heard, discussed or considered by V~rg~nia Beach City Councd. Rr~h Hodges Smffh, I~IMC C~ty Clerk October 2, 2001 - 50- Item V-N. ADJOURNMENT ITEM # 48736 Former Mayor Louts R Jones DECLARED the City Counctl Meeting ADJOURNED at 9:28 P.M. ~~-Beverly O~ Ho~o~~¢ff-'~/ Chtef Deputy City Clerk Louts R Jones Counctl Member Baystde -Dtstrtct 4 Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtma Beach Vtrgtnta October 2, 2001