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HomeMy WebLinkAboutJULY 2, 1990 MINUTESCITY ~Ot~lL Cit.sr o£ Vit-~itai~ I]3c~clq "WORLD'S LARGEST RESORT CITY" AUI:IREY V. WA'ITS. JR., C'=ly IJ:.~IJE L IJIJJ~Y, C,ly f,:[II'l I l l{ )l X ;1~,~ .";&fl'/'l f, ( :&Il :IAAI':, (:dy CITY COUNCIL AGENDA PUBLIC HEARING July 2, 1990 ITEM 1. V I RG I N I A BEACH C ! TY COUNC I L - Council Chamber - 9:00 AM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. PUBL I C HEAR I NG 1. Virginia Beach School Board Appointment Candidates D · AD J OURNMENT "WORLD'S LARGEST RESORT CITY" CITY COLI~CIL ROBERT ~. CLVBU~, K~v~e ~nough ~8~T E. FE~gE~, V~a B~ 8o~ou~h L~1S R. JOHn, ~V6~¢ PAUL :. ~E~E, Fungo Borough RE~ S. UcCL~, P.~ne~6 Am~¢ ~o,~ou~h M~CY K. PARKER, At L~gc k'ILLI~( U. SE~O{~, Y~., ~ AUIUtEY V. ~VA1T.e,, JR., C~y Llfl'gLll': L. IJlJJ:.¥, ¢:~Y {~ ( ] TI ! I 1¢ {{ ,W; f~.% .*'OJ I'{'l l, ¢ :Mi :/AA CITY COUNCIL AGENDA July 2, 1990 2a! CI1¥ IIALL IIUILDING MUNICIPAL C['~NTER VI,q(;INIA IJFACI I. VIRGINIA ZI4-~'~a/U5 {~041 427-4.10J ITEM I. INFORMAL SESSION - Conference Room - 1:00 PM L U N C H ITEM I I · A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi Israel Bornstein B'nai Israel Congregation C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA O. ELECTRONIC ROLL CALL OF CITY COUNCIL ITEM III. CEREMONIAL ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL The Honorable J. Kenneth Whitehurst Chief Judge Virginia Beach Circuit Court, Presiding A. OATH OF OFFICE B. ELECTION OF THE VICE MAYOR C. OATH OF OFFICE TO THE VICE MAYOR ITEM IV. FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL Mayor Meyera E. Oberndorf, Presiding A. CERTIFICATION OF EXECUTIVE SESSION B. MINUTES 1. INFORMAL AND FORMAL SESSIONS - June 25, 1990 C. PRESENTATION 1. LABOR DAY COMMUNITY COORDINATION COMMITTEE Dr. Harrison B. Wilson~ Co-Chair Andrew S. Fine, Co-Chair D. RESOLUTION/ORDINANCES 1. Resolution authorizing the City Manager to award second CME contract to Sverdrup Corporation; and, execute a change order to the original Construction Management Engineer (CME) contract re 60-day time ~xtension beyond June 30, 1990. 2. Ordinance to AMEND and REORDAIN Section 2-20 of the Code of the City of Virginia Beach, Virginia, re time and place of City Council meetings. 3. Ordinance, upon FIRST READING, to APPROPRIATE $169,522 to the FY 1990-1991 Operating Budget of the Police Department for the purchase of a second helicopter. E. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution authorizing the City Manager to execute an agreement with Southeastern Virginia Job Training Administration for the 1990 Job Training Partnership Act Summer Youth Employment and Trainlng Program. 2. Resolution authorizing the City Manager to enter into a lease with Pavilion Center Associates, LP, for office space for the Department of Convention and Visitor Development. 3. Ordinances, upon SECOND READING, to APPROPRIATE: a. $3,853,000 for the Fiscal Year 1990-1991 School Textbook Rental Fund Budget b. $9,960,644 for the City of Virginia Beach School Programs funded by Special Categorical Grants for School Year 1990-1991 c. $317,700 for the Fiscal Enterprise Budget Year 1990-1991 School Athletic d. A grant of $15,000 for the Fire Tralnlng Program for the Virginia Beach Fire Department. 4. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE community gifts totalling $44,428.56 re additional prenatal care programs for the Health Department. Ordinance to TRANSFER $140,000 within the FY 1989-1990 Operating Budget of the Public Works Department to cover the deficit in the Solid Waste Division· Ordinance to TRANSFER $20,000 from the Reserve for Contingencies for the First Night Virglnla Beach 1990 Program. F. APPOINTMENTS CENTRAL BUSINESS DISTRICT COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION SCHOOL BOARD TIDEWATER TRANSPORTATION DISTRICT COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA MUNICIPAL LEAGUE: Effective Government Committee Human Development Committee Public Safety Committee G. UNFINISHED BUSINESS H. NEW BUSINESS Resolution directing the City Manager to proceed with conducting a Joint Public Location Hearing for Court House Loop-North and Ferrell Parkway Phase V, VI and VII; proceed with evaluation of the transportation engineering study proposals; and, provide recommendations to the City Council of any modifications to the City's Master Street and Highway Plan. REQUEST TO SCHEDULE FOR AUGUST 13, 1990, RECONSIDERATION OF: Application of GOODMAN-SEGAR-HOGAN for a Conditional Use Permit for an open space promotion on the East side of Indian River Road, 250 feet South of Elbow Road, containing 167 acres (KEMPSVILLE BOROUGH). (Denied June 11, 1990) (Sponsored by Council Lady Reba S. McClanan) e Resolution requesting the Commonwealth Transportation Board authorize the Virginia Department of Transportation to proceed with award of the contract for design of the Constitution Drive Project utilizing approved Alignment IA. 4. CENTRAL BUSINESS DISTRICT Authorization to award the CBD Master Plan Consultant contract ® Ordinance to AMEND and REORDAIN Section 26-3 of the Code of the City of Virginia Beach, Virginia, re peddling or soliciting on or in public parks, public buildings, or on public property In the Resort Area. (Sponsored by Vice Mayor Robert E. Fentress) ® INTERIM FINANCIAL STATEMENTS July 1, 1989 - May 31, 1990 Giles G. Dodd, Assistant City Manager for Administration I. ADJOURNMENT CITY COUNCIL RECESS JULY 10 - 31, 1990 6/28/90 lbs Item V-E.2. MINUTES ITEM # 33159 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED, AS CORRECTED, the Minutes of the INFORMAL AND FORMAL SESSIONS of July 2, 1990: CEREMONIAL ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL ITEM # 33109, Page 11 Robert W. Ciyburn - Kempsville Borough* *Councilman Clyburn was INCORRECTLY representing the Lynnhaven Borough. listed as Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan July 9, 1990 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 2, 1990 The PUBLIC HEARING of the VIRGINIA BEACH CITY COUNCIL for the VIRGINIA BEACH SCHOOL BOARD APPOINTMENT was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Monday, July 2, 1990, at 9:00 A.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: William D. Sessoms, Jr. (ENTERED: 9:08 A.M.) -2- I TENS OF THE C I TY MANAGER ITEM # 33100 The City Manager advised the State Water Control Board called the evening of July First with reference to the collision of the Containerized Cargo Ships Columbus America and Neptune Jade in the Thimble Shoals Channel. The City Manager provided Members of City Council with a summary of information. The Columbus America is leaking fuel, which the Coast Guard has described as Heavy Number 4 Fuel, primarily at this time concentrated in the Elizabeth River near Waterside and the various Navy piers. The Coast Guard reports that clean up crews are making good progress. The Elizabeth River has been reopened to commercial traffic. Beach clean-up crews are working in Ocean View. The Coast Guard has only had one report of oil on the beach at Chesapeake Beach. July 2, 1990 -3- Item I-C. ITEM # 33101 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: VIRGINIA BEACH SCHOOL BOARD APPOINTMENT CANDIDATES The following spoke as CANDIDATES: Michael B. Hamar 1597 Bay Point Drive, Phone: 473-5321 Gerard H. Katzmann 2205 Leeward Shore Drive, Phone: 467-0200 Cynthia Davenport 804 Circuit Court, Phone: 481-2291 Margaret B. Reed, 2116 East Admiral Drive, Phone: 481-0649 George B. Shields 4832 Kempsville Greens, Phone: 467-9252 Dr. Joshua Edwards 2141Boush Hill Lane, Phone: 427-6313 Maury E. Bailey 2412 Ketch Court, Phone: 496-1934 La-Goldia Williamson 285 Joan Terrace, Phone: 486-2517 Dr. Roger Visser 505 Wilder Road, Phone: 428-8428 Roger L. Handy 2228 Shingle Wood Way, Phone: 427-0913 John T. Early, Jr. 174 Huntington Drive, Phone: 490-3014 Jack W. Dumford 4517 Boxford Road, Phone: 495-5016 Pamela Brunner 4016 Vinland Circle, Phone: 471-3535 Sharon R. Davis 4113 Clintwood Lane, Phone: 463-6477 Dr. Louis Cafiero 433 King Richard Drive, Phone: 490-0091 Frank L. Palmieri 500 Norman Lane, Phone: 340-8942 Sandra S. Richter 721 Hemlock Crescent, Phone: 495-4488 Angel H. Creed 4253 Spruce Knob Road, Phone: 471-3339 (Lynnhaven) (Bayside) (Lynnhaven) (Lynnhaven) (Kempsville) (Kempsville) (Lynnhaven) (Lynnhaven) (Lynnhaven) (Princess Anne) (Kempsville) (Kempsville) (Kempsville) (Kemps¥ille) (Lynnhaven) (Lynnhaven) (Kempsville) (Kempsville) There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. July 2, 1990 -4- Item I-D. ADJOURNMENT ITEM # 33102 Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council ADJOURNED the PUBLIC HEARING at 1:00 P.M. to CONVENE the City Council Concerns Session in the Conference Room, City Hall Building. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Beverl~ . Hooks Chief Deputy City Clerk Ruth Hodg~ S~ith, CMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia July 2, 1990 - 5- ITEM # 32912 The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, July 2, 1990, at 1:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None July 2, 1990 CONCERNS -6- OF THE MAYOR ITEM # 33103 Mayor Oberndorf referenced a telephone call from Mrs. Paris, whose husband is a government contractor. Mrs. Parris advised she represented many of the residents in Brigadoon and requested the Tallwood High School land decision be RECONSIDERED. Mrs. Paris desired to meet with Members of City Council and the Superintendent of Schools as well as the School Board to voice her suggestions and concerns. Mr. Paris believed the project was not necessary. Salem and Green Run High Schools were under-utilized and Brandon Jr. High School could be used as a Senior High School as opposed to the establishment of Tallwood High School. Councilman Clyburn had previously advised Mrs. Paris that Tallwood High School was necessary and could not be delayed. The other alternatives were not viable. If Green Run was under-utilized this year, same would not hold true next year. July 2, 1990 - 7- COUNCIL CONCERNS SESSION ITEM # 33104 Councilwoman McClanan referenced the Resolution requesting the Commonwealth Transportation Board authorize the Virginia Department of Transportation to proceed with award of the contract for design of the Constitution Drive Project utilizing approved Alignment IA. (See Item IV-H.3 of NEW BUSINESS in the Formal Agenda.) Councilwoman McClanan requested this item be DEFERRED. This road should be considered with the entire CAPITAL IMPROVEMENT PROGRAM. Councilwoman McClanan had requested this item not be SCHEDULED on the City Council Agenda of July 2, 1990. Being out of town for the weekend, Councilwoman McClanan was not able to notify her constituents relative the SCHEDULING of this item on the agenda. Councilman Louis Jones concurred with the request for DEFERRAL as he had several concerns. Mayor Oberndorf referenced correspondence from Gerald Divaris, Chairman of the Central Business District Association, relative the Central Business District Master Plan and Council's request to delay selection of a Consultant to perform said Master Plan as well as City Council's request to the Commonwealth Transportation Board to delay consideration of the selection of the consultant for the Constitution Drive Project until after the "reorganized council" had considered these projects. Mr. Divaris expressed his disappointment. Mayor Oberndorf responded to Mr. Divaris' concerns advising of the appropriateness of the "reorganized Council" to consider these projects. Mayor Oberndorf advised these actions were not administrative decisions of the City Manager and forwarded Mr. Divaris' copies of the Minutes from June 18, 1990, relative the Constitution Drive Project. Councilman Lanteigne requested a City Staff BRIEFING relative the Constitution Drive Project. ITEM # 33105 Councilman Clyburn referenced correspondence from a concerned oceanfront merchant relative youngsters loitering. Councilman Clyburn inquired if the laws are adequate to handle situations of this nature. The City Manager advised he will be investigating this concern with the Police Department and will respond to City Council. ITEM # 33106 Councilman Lanteigne referenced the Ordinance upon application of CONTEL CELLULAR, INC. for a Conditional Use Permit for a communication tower and equipment building on the south side of Indian River Road, 1500 feet more or less west of Princess Anne Road (PUNGO BOROUGH). This item is scheduled for the City Council Session of July 9, 1990. Councilman Lanteigne requested the City Staff investigate the feasibility of utilizing multi-use towers on City owned property at Creeds abandoned drag strip, now the Police Firing range and the City leasing space. The City Manager advised information will be provided to City Council relative this concern. July 2, 1990 -8 - ITEM # 33107 The INFORI~AL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, July 2, 1990, at 1:28 P.M. Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None July 2, 1990 ITEM # 33108 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MA~ERS: Discussion or consideration of appointment of specific appointees pursuant to Section 2.1-344(A) (1). To-wit; Boards and Commissions as listed 'in the Formal Agenda. Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 F O R M A L S!E S S I O N VIRGINIA BEACH CITY COUNCIL July 2, 1990 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, July 2, 1990, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Rabbi Israel Bornstein B'nai Israel Congregation PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA July 2, 1990 - 11- Item III-A. CEREMONIAL ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL ITEM # 33109 The Honorable J. Kenneth Whitehurst, Chief Judge - Virginia Beach Circuit Court, administered the formal Oath of Office to the six (6) Members of the Virginia Beach City Council elected to serve the four (4) year term from July 1, 1990 to June 30, 1994: James W. Brazier, Jr. - Lynnhaven Borough Robert W. Clyburn - Lynnhaven Borough Louis R. Jones - Bayside Borough Paul J. Lanteigne - Pungo Borough Nancy K. Parker - At Large William D. Sessoms, Jr. - At Large Mayor Oberndorf advised Sheldon Corner, who is in the hospital having his knee replaced, conveyed his very best wishes to all newly elected and reelected Members of City Council. July 2, 1990 - 12- Item III-B. ELECTION OF VICE MAYOR ITEM # 33110 Mayor Oberndorf called for the NOMINATIONS for the election of the VICE MAYOR of the City of Virginia Beach. Upon NOMINATION by Councilman Baum, City Council RE-ELECTED as VICE MAYOR: ROBERT E. FENTRESS July 1, 1990 thru June 30, 1992 Mayor Oberndorf extended congratulations to Vice Mayor Fentress and advised she looked forward to again be working with him. His ability to be gentle and firm is most admired and he has been a source of strength and comfort. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 - 13- Item III-C. OATH OF OFFICE TO THE VICE MAYOR ITEM ~ 33111 The Honorable J. Kenneth Whitehurst, Chief Judge - Virginia Beach Circuit Court, administered the formal Oath of Office to the Vice Mayor: Robert E. Fentress - Virginia Beach Borough July 1, 1990 through June 30, 1992 July 2, 1990 - 14 - Item III-D. RECOGNITION ITEM ~ 33112 Mayor Oberndorf requested all family members of the newly installed Vice Mayor and City Council to stand and be recognized. July 2, 1990 -15- ITEM III-E. FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL ITEM # 33113 Mayor Oberndorf referenced the FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL. A copy of the FORI~AL SEATING chart is hereby made a part of the proceedings. July 2, 1990 / I-4 ity Clerk IN FORMAl, VIRGI. N IA BEACll CITY COUNCIL o o Z 0 - 16- Item IV-A. CERTIFICATION OF EXECUTIVE SESSION ITEM # 33114 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motions convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 33108, Page No. 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. 4~th Hodges~Smith, CMC/AAE City Clerk July 2, 1990 - 17 - Item IV-B.1. MINUTES ITEM ~ 33115 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council DEFERRED the reading of the Minutes of INFORMAL AND FOPJI4AL SESSIONS of June 25, 1990, until the City Council Session of July 9, 1990. The Minutes were deferred due to an error in the printing. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 - 18- Item IV-C.1 PRESENTATIONS ITEM # 33116 LABOR DAY COMMUNITY COORDINATION COMMIR~E Andrew S. Fine and Dr. Harrison Wilson, Co-Chairs of the LABOR DAY COMMUNITY COORDINATION CO~~, referenced the three traffic proposals A, B and C, distributed to City Council and requested City Council support TRAFFIC PLAN B, which represents the highest degree of security as it restricts most of the traffic east of Birdneck. City Council had previously ADOPTED TRAFFIC PLAN A. TRAFFIC PLAN B restricts traffic August 31 thru September 3, 1990, east of Birdneck Road and on Atlantic Avenue from the LOOP to 42nd Street. There will be no parking at the Oceanfront. Satellite parking areas will be designated and signs posted. Atlantic Avenue will be used for a festival area and will be crowded with pedestrians, but still open to trolleys and authorized vehicles going to and from specific points. Pacific Avenue will be used as a feeder route to Atlantic Avenue. All traffic going to Atlantic Avenue will use Pacific Avenue to reach the area then go over the Atlantic via special entry points left open for that purpose. TRAFFIC CONTROL PLAN B will require additional personnel as compared to TRAFFIC PLAN A. Thousands more residents will need to be issued passes to gain access to their homes and businesses. The Traffic Control Plan requires monitoring some 45 intersections on a 24-hour basis throughout the weekend, utilizing a combination of police and civilian city employees. There will be two satellite parking lots for a total of approximately 15,000 vehicles: (A) Old north field NAS Oceana (B) Off International Parkway near the Lillian Vernon facility. The LABOR DAY CO~[ONITY COORDINATION COMMITTEE advised their support of TRAFFIC PLAN B. The City Staff supports TRAFFIC PLAN A. The City Manager, in his Memorandum of June 27, 1990 to Members of City Council, identified costs of $223,604 have been incurred by the four specific activities involved in the planning of LABORFEST 1990: Labor Day' Task Force, Public Works, Police and Public Information. For each of these activities costs involve mostly salary and compensation which were incurred from January 1 through May 31, 1990. Equipment and other items, which were purchased for initial use during LABORFEST 1990, but are intended for use throughout the year, were not included in these costs. A similar analysis for other events (i.e. Neptune Festival) supported by the City will be provided. Dr. Wilson advised, relative Redwing Park, Norfolk State University has had several corporations investigate the various mandates in terms of security and the preservation of the park. Dr. Harrison also advised of a trip out of the State to seek support from a national business who was most impressed by the plan and was satisfied to support same. This particular company also wishes to bring in two of their top national and internationally known basketball players as Marshalls for their parade. Mayor Oberndorf referenced a telephone call from a female basketball player in Dallas, Texas, with suggestions for proposals which have worked in other cities. Dr. Harrison and Mr. Fine advised they would contact her. Mayor Oberndorf extended congratulations to Dr. Harrison on behalf of his beautiful daughter, April, representing the City and being selected as MISS TIDEWATER for the MISS VIRGINIA PAGEANT. The City Manager presented an outline of the OPERATION PLAN for LABOR DAY 1990. Copy of same is hereby made a part of the record. An Operations Center will be established at the Pavilion, operational 24 hours a day, Friday, August 31 through Tuesday September 4, 1990. Communications to the Operations Center will be facilitated by utilization of the Mobile Emergency Operations Center (ME(R]). It will be stationed at the Pavilion, supervised by officers from the Fire Department. With the exception of a Job Fair, co-sponsored by Norfolk State and Old Dominion Universities, the Pavilion will be used exclusively by city agencies. July 2, 1990 - 19- Item IV-C.1 PRESENTATIONS ITEM # 33116 (Continued) LABOR DAY COMMUNITY COORDINATION COMMITTEE The City Manager itemized the Shuttle routes by TRT: From satellite parking to Oceanfront and return From satellite parking to Red Wing Park and return From Oceanfront to Red Wing Park and return Trolley service on Atlantic Avenue Shuttle from Oceanfront to Norfolk State University for football game. With reference to Entertainment at the Oceanfront, there will be five non- profit vendors at 24th Street, 17th Street and 14th Street. There will be a parade on Saturday morning. The Virginia Beach Jaycees are planning an event on the sand beach at Second Street. There shall be sports entertainment on Atlantic Avenue. There shall be an organized "Courtesy Patrol" or "Festival Aid" program involving 800 plus volunteers patrolling the Boardwalk and Atlantic Avenue, 24 hours a day. The National Black Poltce Association will consist of over 125 volunteers. In addition to Public Safety employees, and those involved with routinely provided services, 819 employees will be required to perform special tasks All of the various appropriate personnel in the Public Safety area of Police, Fire and Emergency Medical Services will be working LABOR DAY weekend. City services shall be maintained for the remainder of the City throughout the weekend. The Virginia State Police will be assisting the City LABOR DAY weekend. July 2, 1990 - 20 - Item IV-C.1 TRAFFIC PLAN B ITEM # 33117 ADD-ON Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council APPROVED: A new TRAFFIC CONTROL PLAN B for the restriction of August 31 thru September 3, 1990, east of Birdneck Road and on Atlantic Avenue from the LOOP to 42nd Street. There will be no parking at the Oceanfront. Satellite parking areas will be designated and signs posted. Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne and Reba S. McClanan Council Members Absent: None July 2, 1990 - 21 - Item IV-D.1 RESOLUTIONS/ORDINANCES ITEM # 33118 A MOTION was made by Vice Mayor Fentress, seconded by Councilman Sessoms to ADOPT a Resolution authorizing the City Manager to award a second CME contract to Sverdrup Corporation; and, execute a change order to the original Construction Management Engineer (CME) contract re 60-day time extension beyond June 30, 1990. Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Jones, City Council: APPROVED: A sixty (60) day extension beyond June 30, 1990, of the Sverdrup Corporation's original Construction Mangement Engineer (CME) contract; and DEFERRED: Awarding a second CME contract to Sverdrup Corporation until after a Staff Briefing on August 7, 1990. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None - 22 - Item I V-D.2. ORDINANCES ITEM # 33119 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION A MOTION was made by Councilman Heischober, seconded by Councilman Clyburn to ADOPT an Ordinance to AMEND and REORDAIN Section 2-20 of the Code of the City of Virginia Beach, Virginia, re time and place of Clty Council meetings. A SUBSTITUTE MOTION was made by Councilwoman Parker, seconded by Councilwoman McClanan to DEFER until the City Council Session of August an Ordinance to AMEND and REORDAIN Section 2-20 of the Code of the City of Virginia Beach, Virginia, re time and place of City Council meetings. This DEFERRAL. will enable notification to the public. Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Vice Mayor Robert E. Fentress, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Absent: None July 2, 1990 - 23 - Item IV-D.2. ORDINANCES ITEM # 33119 (Continued) Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to A~END and REORDAIN Section 2-20 of the Code of the City of Virginia Beach, Virginia, re time and place of City Council meetings. Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Absent: None July 2, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-20 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO TIME AND PLACE OF CITY COUNCIL MEETINGS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-20 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 2-20. Time and place of regular meetings. Regular meetings of the council shall be held in the City Hall Building, Municipal Center, Virginia Beach, Virginia, on the ~ .... Tuesdays at 1:00 p.m. and on the first, second and third ~- ...... ~ fourth ~" Tuesday of each month at 5:00 p.m., unless such date shall fall upon a legal holiday, in which case the meeting will be held on the next succeeding day which is not a holiday and at the same hour, except as otherwise provided by special resolution of the council. However, in July of each year there shall be regular meetings only on the first two (2) ~ .... Tuesdays of the month. To accommodate citizen participation in public hearings, the council may by resolution convene any council meeting at such public facility in the city that will in the judgment of city council accommodate the citizens; provided, however, that notice shall be provided to the press by the city manager. 26 27 28 This Ordinance shall become effective August 1, 1990. Adopted by the Council of the City of Virginia Beach, Virginia on 2nd day of July , 1990. 29 3O 31 CA-03692 \ordin\proposed\02-020.pro R-2 - 24 - Item IV-D.3. ORDINANCES ITEM # 33120 Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council APPROVED upon FIRST READING: Ordinance to APPROPRIATE $169,522 to the FY 1990- 1991 Operating Budget of the Police Department for the purchase of a second helicopter. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None Councilman Lanteigne DECLARED pursuant to Sectlon 2.1-639.1 of the Code of Virginia governing the application of the Conflict of Interests Act, he is able to participate fairly, objectively and in the best public interest on this transaction as long as no financial benefit or liability accrues to him and said transaction has no more affect on him than any member of the public at large. The opinion letter of City Attorney Leslie L. Lilley, dated July 2, 1990, is hereby made a part of the proceedings. July 2, 1990 LESLIE L. LILLEY CITY ATTORNEY MUNICIPAL CENTER VIRGINIA BEACH, VA 23456-9004 (804) 427-4531 July 2, 1990 Councilman Paul Lanteigne Municipal Center Virginia Beach, Virginia 23456 Dear Mr. Lanteigne: I am writing to advise you of certain parameters governing the application of the Conflict of Interests Act (the Act) which may arise as a result of your salary as a City employee and your responsibilities of voting as a Council Member. While the Act recognizes the situation of an employee of a governmental agency becoming a member of its legislative body, it does not appear that the Act anticipates the personal interests of a legislator-employee regarding the transactions before the public body. Specifically, the definition of personal interest in the Act refers to financial benefit or liability accruing to an officer or employee or a member of his immediate family as a result of five enumerated criteria, the one most generally applicable being salary in excess of $10,000.00 paid by a business. Absent this criteria, no personal interest is established under the Act, and a personal interest is a threshold finding in determining your permitted or prohibited actions. Since your salary comes from a governmental agency, under the Act, an argument can be made that you do not receive income from a business and, thus, do not have a personal interest in any matter before the public body, including your personal salary. As you can see, this interpretation would lead to a result inconsistent with the intent of the Act. On the other hand, if the term business is defined to include a municipal corporation, you, as well as every other member of the Council by virtue of your salary, would have a personal interest with respect to essentially every transaction Council considers. This would create a constant disclosure situation which also is inapposite to the intent of the Act. Councilman Paul Lanteigne -2- July 2, 1990 This leads me to the conclusion that in order to fulfill the intent of the Act which is stated in ~ 2.1-639.1 (copy attached) and in keeping with the statutory provision that the Act be liberally construed to accomplish its purpose, I offer the follow- ing advice: 1. If a transaction before the City Council has no financial benefit or liability accruing to you and has no more affect on you than on any member of the public at large, then you have no interest and are not required to abstain or disclose. 2. If a transaction comes before the City Council where you will receive a financial benefit or liability or it is reasonably foreseeable that you will realize a benefit or detriment as an employee of the City, then you should treat the transaction as if a personal interest exists and follow the dictates of the Act in disclosing and/or abstaining depending upon the facts and circumstances I have discussed this opinion with the Commonwealth's Attorney and he agrees with this interpretation and course of action. Very truly yours, City Attorney LLL/clb cc: Robert Humphreys, Commonwealth's Attorney 1 2 3 AN ORDINANCE TO APPROPRIATE $169,522 TO THE FYg0-91 OPERATING BUDGET OF TUE POLICE DEPARTMENT FOR THE PURCHASE OF A SECOND HELICOPTER WHEREAS, it is advantageous to the city to acquire a second helicopter for use during times of maintenance and repair, reduce demand on the single unit and provide supplemental aerial support during times of peak demand; 8 9 10 WHEREAS, an opportunity has arisen that will allow the city to purchase a second helicopter at an estimated cost for FY90-91 of $169,522 including insurance, with subsequent annual lease-purchase payments of $45,322 through FY95-96; 11 12 13 14 WHEREAS, there are sufficient funds available for the FY90-91 amount from the U. S. Department of Justice Drug Enforcement Agency as the city's share of proceeds from confiscated money and property as a result of narcotics investigations; 15 16 WHEREAS, the balance of these shared proceeds are available for acquisition of the communications enhancement equipment for the resort area; 17 18 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $169,522 from the DEA Shared Proceeds Program be appropriated to the FY90-91 Budget of the Police Department for the first year's costs associated with the acquisition of a second helicopter; 21 22 BE IT FURTHER ORDAINED that the balance of the DEA Shared Proceeds be used for acquisition of the communications enhancement equipment at the resort area; 23 24 BE IT FURTHER ORDAINED that estimated revenues from the federal government be increased correspondingly. 25 26 Adopted the Virginia Beach, Virginia day of , 1990, by the Council of the City of 27 28 29 This ordinance shall be in effect on July 1, 1990. First Reading: July 2, 1990 Second Reading: - 25 - Item I¥-E. CONSEhFr AGENDA ITEM # 33121 Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council APPROVED in ONE MOTION items 1, 3, 4 5 a.b.c.d, and 6 of the CONSENT AGENDA: Item IV-E.2 was pulled for separate vote. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress*, Harold Heischober*, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Vice Mayor Fentress and Councilman Heischober ABSTAINED on Item No. IV-E.6 as they are Directors of Virignia Beach Events, Unlimited. July 2, 1990 - 26 - Item IV-E.1 CONSENT AGENDA ITEM # 33122 Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council ADOPTED: Resolution authorizing the City Manager to execute an agreement with Southeastern Virginia Job Training Administration for the 1990 Job Training Partnership Act Summer Youth Employment and Training Program. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION FOR THE 1990 JOB TRAINING PARTNERSHIP ACT SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM WHEREAS, SVJTA has entered into an agreement with the State of Virginia for a grant to implement the Job Training Partnership Act Program, and WHEREAS, SVJTA has notified the City that the grant to Virginia Beach will provide summer employment for 164 economically disadvantaged youth between the ages of 14 and 21 in sub-entry level positions with City Departments and the School board, and WHEREAS, SVJTA will receive and administer the funds and the City and School Board will plan and direct the work activities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized to execute an agreement with SVJTA for the City's participation in the 1990 Job Training Partnership Act Summer Youth Employment and Training Program. Said agreement is attached hereto and the same is hereby approved. This Resolution shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, on the ? day of .]1,1v , 1990. AGREEMENT THIS NON-FINANCIAL AGREEMENT, entered into this first day of June, 1990, by and between the Southeastern Virginia Job Training Administration, a consortium of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton, pursuant to the authority granted by Section 15.1-21 of the Code of Virginia, 1950, as amended, hereinafter referred as "SVJTA", having its principal offices at the Circle East Office Building, Suite 223, Norfolk, Virginia 23502 and the City of V±r~inia Beach existing under and by virtue of the laws of the State of Virginia hereinafter referred to as the "Agent" having its principal Municipal Center office at Virginia Beach. Virginia 23456 to begin by the first day of June, 1990, and to be completed by the thirtieth day of September, 1990. WITNESSETH THAT: WHEREAS, SVJTA has entered into an Agreement with the State of Virginia for a grant for the execution and implementation of a Job Training Partnership Act (JTPA) program; AND WHEREAS, the elected officials comprising SVJTA and the officials of the State of Virginia are desirous of providing job training which will lead to enhanced self-sufficiency; AND WHEREAS, SVJTA and the "AGENT" desire to provide meaningful employment for economically disadvantaged youths between the ages of fourteen (14) and twenty-one (21). NOW THEREFORE, in consideration of the premises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto agree and understand as follows: ARTICLE I: AGREEMENT PURPOSE AND DEFINITIONS 100. PURPOSE It is the purpose of this Agreement to state the covenants and conditions which SVJTA and the Agent will implement to provide Training and Employment Services, specifically summer work experience opportunities to eligible youths as described herein, to be funded under the guidelines of JTPA, and under the contracting powers of SVJTA. 101. DEFINITIONS 101.1 "Agent" shall mean the participating governmental unit or nonprofit agency. 101.2 "Counselor" shall mean a SVJTA/SYETP staff person who shall serve as liaison between SYETP, the site and the participants by providing technical assistance and resolving job site problems. 101.3 "DOL" shall mean the Department of Labor. 101.4 "Economically disadvantaged" shall mean that income level as determined by the DOL and the State of Virginia as being below poverty guidelines as certified by SVJTA. 101.5 "GETD" shall mean the Governor's Employment and Training Department of the State of Virginia. 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 "Job Site/Worksite" shall mean the physical location and the Department of the participating Agent to which the youth is assigned. "Job Order" shall mean the SVJTA/SYETP JOB ORDER form (and attachments thereto) used as an application for requesting work sites/job slots for SYETP participants and which is incorporated into and made a part of this Agreement. "JTPA" shall mean the Job Training Partnership Act of 1982 as amended. "Participant" shall mean a JTPA eligible youth referred by SVJTA for placement to Agent and who is between the ages of fourteen (14) and twenty-one (21). "Program" shall mean the activities and services to be provided by the Agent under this Agreement. "SVJTA" shall mean the Southeastern Virginia Job Training Administration. "State" shall mean the Commonwealth of Virginia. "SYETP" shall mean Summer Youth Employment and Training Program. "Worksite Supervisor" shall mean Agent's personnel designated by Agent to provide continuous on-site supervision and direction to SYETP participants at Agent's worksite(s) and who will be responsible for verifying SYETP participants' timesheets. "Youth" shall mean a person between the ages of fourteen (14) and twenty-one (21) at the time of certification. ARTICLE II: PROGRAM OPERATIONS 200. PROGRAM The program to be provided shall be a work experience operation, wherein a youth referred by SVJTA to the Agent, is given job duties to perform under the guidance and leadership of the Agent in accordance with the JTPA. 201. RESPONSIBILITIES OF AGENT 201.1 The Agent shall plan and direct participant work activities in accordance with the applicable Federal and State Child Labor Law Acts, rules and regulations, and other applicable State and local laws which are available from SVJTA upon request. 201.2 The Agent shall direct participant(s) work activities in accordance with their training plan/job order(s) and/or job description(s), which are hereby incorporated by reference and made a part of this Agreement. 201.3 The Agent shall comply with the Job Training Partnership Act of 1982 as amended and the regulations promulgated thereunder especially as they relate to the SYETP. 201.4 The Agent shall ensure that all of the Agent's personnel, including any alternate staff, who will be involved in supervising the SYETP participants shall attend the SYETP Worksite Supervisor's training session conducted by SVJTA, which will be held during the months of May and June, 1990. 201.5 201.6 201.7 201.8 201.9 The Agent shall provide program orientation and training for their worksite supervisory personnel directly responsible for the supervision of SYETP participants, as to the Agent's responsibilities and obligations under this Agreement. The Agent shall notify SVJTA/SYETP immediately of any temporary and/or ongoing changes in the designation of personnel who will be supervising youth. The Agent shall be accountable for maintaining SVJTA/SYETP participant timesheets by keeping accurate time and attendance records, recording time in segments of fifteen (15) minutes, assuring and supervising the proper completion of SYETP participant timesheets consistent with instructions furnished by SVJTA/SYETP and certifying their accuracy by signing the participant timesheet(s). The Agent shall not require participants to work more than the hours reflected in the Job Order/Training Plan not to exceed forty (40) hours per week. The Agent shall not knowingly employ or refer for eligibility certification any youth if a member of the youth's immediate family is engaged in an administrative capacity for the contractor or SVJTA. 201.10 a. For the purpose of this section: (1) The term "employ" means hire, or place by transfer or any other means of whatsoever nature. (2) The term "immediate family" means a person's spouse and any other relative, by blood, marriage (including step-children and step-parents) or adoption, who resides in the person's household. (3) The term "person in an administrative capacity" means the members of a public or private governing board or council, persons having overall administrative responsibility, and persons in subordinate positions thereto having selection, hiring, placement or supervisory responsibilities regarding or over a person to be employed at the time of, or subsequent to, employment. The Agent warrants that no youth will be involved in a work experience activity that contributes or could be expected to contribute to additional sales or income of the Agent or which will otherwise result in the subsidization of wages for the Agent's organization. 201.11 The Agent assures that all sites where participants will be assigned have the capability and facilities to provide services to summer youths in a sanitary and safe environment. 201.12 201.13 201.14 201.15 201.16 The Agent's worksite shall conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, the provision of safe working conditions, appropriate supervision on the premises at all times, and the development of positive work habits. The Agent shall assure it will have supervisory personnel who will act as worksite supervisors for each of the Agent's worksites so as to provide for continuous on-site supervision of participants. The Agent understands that the program it is operating is a single site work experience program, which means that all job sites at which youths are to be located must be part of the Agent's organization. Under no circumstances shall a participant be placed at a site other than the Agent's designated worksite, unless prior written permission is granted by SVJTA for outstationing and in such instances under no circumstances shall the outstationing site be a private for profit agency. The Agent shall maintain according to sound management procedures records and files, containing, but not limited to, timesheets, attendance records, supervisor assignments, and personnel changes, relating to the Agent's operation of the SYETP program. The Agent shall make original and/or certified copies of any reports, plans, surveys, information, documents, maps or other data produced or developed 201.17 201.18 201.19 201.20 201.21 by the Agent in execution of the project covered by this Agreement, available to SVJTA, the GETD and/or the Department of Labor (DOL) at any time upon reasonable notice for the purpose of program audit, examination, and review, even though the Agent may at the time of the request no longer be operating programs for SVJTA. The Agent shall keep copies of all records pertaining to the operation of this Agreement and any Amendment hereto for three (3) years following the expiration of this Agreement. The aforementioned records will be retained beyond the three (3) years if any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In these instances, the records will be retained until the litigation, audit or claim has been finally resolved. The Agent shall incorporate additional Assurances and Certifications, attached hereto as Exhibit A into this Agreement. The Agent shall cooperate with SVJTA/SYETP in conducting Orientation for SYETP participants. The Agent shall inform SVJTA/SYETP staff immediately should an accident or injury occur at the job site, affecting or involving a participant, in compliance with Exhibit D. The Agent shall notify SYETP staff of any problem concerning a participant's performance at a worksite. 201.22 201.23 The Agent understands and agrees that no qualified handicapped individual shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under this SYETP program. Agent understands that JTPA funds shall not be used in any way to promote or oppose union activities. a. No individual shall be required to join a union as a condition for enrollment in a JTPA program. b. No participant may be placed into, or remain working in any position which is affected by labor disputes involving a work stoppage. If such a work stoppage occurs, participants in affected positions must: 1. Be relocated to positions not affected by the dispute; 2. Be placed on leave; 3. If participants belong to the labor union involved in a work stoppage, they must be treated in the same manner as any union member. Such members must not remain working in the affected position. The contractor shall make every effort to relocate participants who wish to remain working into suitable positions unaffected by the work stoppage. 201.24 The Agent agrees to maintain the confidentiality of any information regarding SYETP participants or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies, counselors or any other source. 202. RESPONSIBILITIES OF SVJTA 202.1 SVJTA shall provide "Counselors" to provide technical assistance and aid in the supervision of the youths, respectively. 202.2 SVJTA shall provide technical assistance with regard to complying with program requirements. 202.3 SVJTA shall assist the worksite supervisor in resolving any problems concerning the youth's performance on the job by responding to the Agent's notice as per Section 201.21 above. 202.4 SVJTA shall hear all grievances concerning program participants' performance at the job site and shall remove a participant from the program upon a determination of cause after such hearing. 202.5 SVJTA shall provide Worker's Compensation for all Summer Youth Employment and Training Program (SYETP) participants and SVJTA employees. 202.6 SVJTA shall provide counseling and supportive services to the SYETP participants. 202.7 202.8 202.9 SVJTA shall be responsible for picking up participant timesheets and distributing participant paychecks dependent on Agent's submission of properly certified timesheets. SVJTA shall evaluate and monitor the Agent's program, including, but not limited to, providing written statements as to corrective actions to be taken on the part of the Agent. SVJTA shall be responsible for providing Program Orientation to SVJTA/SYETP participants. ARTICLE III: GENERAL OBLIGATIONS 300. GENERAL PROVISIONS 300.1 The Agent shall allow SVJTA or any of its agents, the GETD and the DOL to visit the Agent's worksites, and monitor, report problems, require corrective action within specified time periods or close worksites without prior notice other than a written notification to be delivered to the Agent at the time of the closing of the worksites, where SVJTA, the GETD, or DOL find serious or continual violations of JTPA, the JTPA regulations or other federal, state or local laws which violations are not being remedied, or where SVJTA, GETD, or DOL find noncompliance with any of the terms or conditions under this Agreement. 300.2 300.3 Other than as provided herein, notice shall be required to be given to SVJTA under this Agreement, and shall~be sufficient when hand delivered or mailed to SVJTA at its office at the Circle East Office Building, Suite 223, Norfolk, Virginia 23502. All notices required to be given to the Agent under this Agreement shall be sufficient when hand delivered or mailed to the Agent at its office located at Municipal Center 300.4 VirEini~ Beach. Virginia 23456 . Termination This Agreement may be terminated as follows: a. SVJTA may at its discretion terminate this Agreement without penalty in the event that JTPA funds become unavailable to SVJTA for performance under this Agreement. b. SVJTA or the Agent may request a termination for convenience upon fifteen (15) days prior written notice to the other party. c. SVJTA may terminate this Agreement at any time that the SVJTA authorized representative, who shall be the SVJTA Executive Director determines that: 1. the Agent has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; or 400. 2. the Agent fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by SVJTA. ARTICLE IV: INCORPORATION CLAUSES DOCUMENTS TO BE INCORPORATED INTO THE AGREEMENT The following documents are hereby incorporated into and made a part of this Agreement. 400.1 Labor Laws of Virginia (Code of Virginia of 1950 and 1982 cumulative supplement) and the Virginia Rules and Regulations declaring hazardous occupations as promulgated by Commissioner, Virginia Department of Labor and Industry (effective date November 1, 1979). (Available Upon Request) 400.2 400.3 400.4 400.5 General Assurances and Certifications. (Exhibit A) JTPA Rules and Regulations governing the operation of the Summer Youth Employment and Training Program. (Available Upon Request) Summer Youth Employment and Training Program Worksite Supervisor's Handbook developed by SVJTA. (Exhibit B) Completed Job Orders/Training Plans to be incorporated into this Agreement. (Exhibit C) 500. 400.6 SVJTA Memorandum, Medical Authorization for Work Related Injuries. (Exhibit D) ARTICLE V: COMPENSATION PARTICIPANT WAGES 500.1 SVJTA shall be responsible for the payment of wages to the SYETP participants based upon: a. the prevailing minimum wage in effect during the contract period, and b. the actual time spent in the program activity as recorded and verified by the Agent on the timesheets submitted to SVJTA. 600. ARTICLE VI. PROHIBITED ACTIVITIES UNALLOWABLE ACTIVITIES: 600.1 No participants may engage in partisan or non-partisan political activities during hours for which that person is paid for with or receives training supported by JTPA funds and no participant may engage in any political activity in which such participant represents himself or herself as a spokesperson of any JTPA program, activity or organization. No participant may be employed in a position involving political activities in the office of an elected official. 600.2 JTPA funded programs and activities may not be used to support any religious or anti-religious activity. Participants may not perform 600.3 functions which provide direct religious education services. Participants shall not be employed in the construction, operation, or maintenance of any facility that is used or to be used for sectarian instruction or as a place of religious worship. Under JTPA Regulations, placement of a JTPA participant in private-for-profit activities wherein the activities of the participant can be expected to profit the employer or the product of the participant's work provides a profit for any private or non-profit organization is prohibited in Summer Youth Employment and Training Program and activities. IN WITNESS HEREOF, THE City of Virginia Beach (Name of Organization, Governing Body) has caused this Agreement to be executed and signed in its name by Aubrey V. Watts~ Jr. (Name of Authorized Signature) its City Manager (Title of Authorized Signature) and the SOUTHEASTERN VIRGINIA JOB .TRAINING ADMINISTRATION has caused this Agreement to be executed and signed in its name by Richard A. Sciullo, Executive Director, all as of the date and year first written above. DEPARTMENT APPROVED AS TO LEGAL (Signature of Agent) Aubrey V. Watts, Jr. City Manager (Name and Title) SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION Sciullb Executive Director - 27 - Item IV-E.2 CONSENT AGENDA ITEM # 33123 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution authorizing the City Manager to enter into a lease with Pavilion Center Associates, LP, for office space for the Department of Convention and Visitor Development. In reply to Councilman Heischober, the City Manager advised as it relates to the Dome Study, this action would probably not have any impact; however, in relation to the Pavilion Expansion Study, which is underway at this particular time, there was little likelihood the aforementioned office space would be made available in any new or expanded facility. The City Manager further advised Councilwoman McClanan, this action does not reflect an immediate impact on the Fiscal Year 1990-1991 Operating Budget, he hoped some revenue enhancements could be depicted in the next Operating Budget to assist in offsetting this expense. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE WITH PAVILION CENTER ASSOCIATES, LP FOR THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT WHEREAS, the Department of Convention and Visitor Development has occupied space in the Pavilion since the Building was opened in 1980; and WHEREAS, the department has grown to the point where the existing space can no 'longer accommodate them which is now detracting from their marketing efforts; and WHEREAS, the City Manager has analyzed the availability of "Class A" office space in the Virginia Beach Borough to meet the needs of the Department of Convention and Visitor Development; and WHEREAS, a lease has been negotiated with the developer of the Pavilion Center Office Building which will allow the department to occupy the building in January, 1991, so that, the City will not incur any costs during FY 1991 or the first six months of FY 1992. NOW, THEREFORE, BEACH, VIRGINIA: That the City Manager is hereby Pavilion Center Associates, LP, for Department of Convention and Visitor Development. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA authorized to execute a lease with space in the Pavilion Center for the Adopted by the Council of the City of Virginia Beach, day of July , 1990. Virginia, on the - 28 - Item IV-E.3.a/b/c. CONSENT AGENDA ITEM # 33124 Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council Al]OPTED upon SECOND READING: Ordinances to APPROPRIATE: $3,853,000 for the Fiscal Year 1990- 1991 School Textbook Rental Fund Budget. $9,960,644 for the City of Virginia Beach School Programs funded by Special Categorical Grants for School Year 1990-1991 $317,700 for the Fiscal Year 1990-1991 School Athletic Enterprise Budget Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 1 2 3 4 AN ORDINANCE TO APPROPRIATE FUNDS OF $3,853,000 FOR THE FISCAL YEAR 1990-91 SCHOOL TEXTBOOK RENTAL FUND BUDGET WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the rental of textbooks require an appropriation of the local governing body; 8 9 10 WHEREAS, the Virginia Beach School Board has a textbook rental plan whereby rental income is deposited in a textbook rental fund and purchases of textbooks and other related expenses are paid from this fund; 12 WHEREAS, the School Board has submitted a Textbook Rental Fund budget for FY 1990-91 in order to comply with the Attorney General's opinion; 13 14 15 WHEREAS, the Textbook Rental budget approved by the School Board included total revenues of $3,853,000 and total disbursements of $3,853,000 for fiscal year 1990-91. 16 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $3,853,000 be appropriated for a School Textbook Rental Fund budget in the manner approved by the School Board. 19 20 BE IT FURTHER ORDAINED that this appvopriation be financed byestimated revenues of $3,853,000 in the School Textbook Rental Fund. 21 This ordinance shall be effective from the date of its adoption. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia on the day of July , 1990. 24 25 First Reading: Second Reading: June 25, 1990 July g 1990 1 2 3 4 AN ORDINANCE TO APPROPRIATE FUNDS OF $9,960,644 FOR THE CITY OF VIRGINIA BEACH SCHOOL PROGRAMS FUNDED BY SPECIAL CATEGORICAL GRANTS FOR SCHOOL YEAR 1990-91 WHEREAS, the Virginia Beach School Board has been notified that it will receive funds of $9,960,644 through special state and federal categorical grants for the school year 1990-91; 8 9 WHEREAS, these funds were not included in the FY 1990-91 School Operating Budget approved by City Council; 10 11 WHEREAS, the School Board approved this funding and requests that City Council appropriate these funds; 12 13 WHEREAS, it is desirable and necessary for the City Council to appropriate these funds prior to the incurring of the expenditures. 14 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $9,960,644 be appropriated for school purposes for FY 1990-91. 17 18 BE IT FURTHER ORDAINED that this appropriation be financed by $9,960,644 of estimated revenues from state and federal grants. 19 20 BE IT FURTHER ORDAINED that this appropriation is authorized subject to the expenditures being incurred with no local match. 21 This ordinance shall be effective from the date of its adoption. 22 23 2 Adopted by the Council of the City of Virginia Beach, Virginia on the day of July , 1990. 24 25 First Reading: June 25, 1990 Second Reading: July 2~ 1990 1 2 3 4 AN ORDINAN6'E TO APPROPRIATE FUNDS OF $317,700 FOR THE FISCAL YEAR 1990-91 SCHOOL ATHLETIC ENTERPRISE FUND BUDGET WHEREAS, the School Board expenditures of funds generated by the sale of admissions to high school basketball, football, gymnastics, wrestling, and soccer events require an appropriation of the local governing body; 8 9 10 11 WHEREAS, the Virginia Beach School Board has an athletic program whereby admissions income is deposited in an athletic enterprise fund and disbursements from this account are used to purchase athletic equipment and uniforms, to pay officials, and to provide miscellaneous supplies; 12 13 WHEREAS, the School Board has submitted a budget for the Athletic Enterprise Fund for FY 1990-91; 14 15 16 WHEREAS, the Athletic Enterprise Fund budget approved by the School Board included total revenues of $317,700 and total disbursements of $317,700 for fiscal year 1990-91. 17 18 19 2O NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $317,700 be appropriated for a School Athletic Enterprise Fund budget in the manner approved by the School Board. 21 22 BE IT FURTHER ORDAINED that this appropriation be financed by estimated revenues of $317,700 in the School Athletic Enterprise Fund. 23 This ordinance shall be effective from the date of its adoption. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia on the day of July , 1990. 26 27 First Reading: Second Reading: June 25, 1990 July 2, 1990 - 29 - Item IV-E.3.d. CONSENT AGENDA ITEM ~ 33125 Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE: A grant of $15,000 for the Fire Training Program for the Virginia Beach Fire Department. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lantelgne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT OF $15,000 FOR THE FIRE TRAINING PROGRAM WHEREAS, the City of Virginia Beach Fire Department applied for and was granted $15,000 from the Commonwealth of Virginia Department of Fire Programs for purchase of equipment for the Fire Training Cente~, WHEREAS, this grant requires no local dollar match, NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a grant from the Commonwealth of Virginia in the amount of $15,000 be accepted and appropriated to the Fire Department and that revenue from the Commonwealth be increased by $15,000. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia ow the 2 day of '!July 1990. June 25, 1990 First Reading Second Reading July 2, 1990 - 30 - Item IV-E.4. CONSENT AGENDA ITEM # 33126 Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council APPROVED upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE community gifts totalling $44,428.56 re additional prenatal care pro<jram$ for the Health Department. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO ACCEPT AND APPROPRIATE GIFTS FROM THE COMMUNITY TOTALLING $44,428 FOR PRENATAL CARE PROGRAMS WHEREAS, potential reductions in prenatal care earlier in this year led various community groups to offer financial assistance to allow continuation of prenatal services to needy residents of Virginia Beach, WHEREAS, these donations have now been received by the Treasurer of Virginia Beach in amounts totalling $44,428, WHEREAS, discussions with the donors, Tidewater Health Care and Father Dale's Coalition for Prenatal Care, have indicated that they wish these funds to be used to provide prenatal services to eligible residents whose needs are unserved with currently available state cooperative health resources, WHEREAS, these gifts require no match of city funds nor do they create an obligation on the part of the city to provide resources to continue such services after FY 90-91, NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that community donations in the amount of $44,428.56 be accepted and appropriated to the Health Department to provide additional prenatal care on a contractual basis and that estimated revenue from donations be increased by $44,428. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of July, 1990. First Reading Second Reading July 2, 1990 -31 - Item IV-E.5. CONSENT AGENDA ITEM ~ 33127 Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to TRANSFER $140,000 within the FY 1989- 1990 Operating Budget of the Public ~orks Department to cover the deficit in the Solld ~aste Division. C. Oral Lambert, Jr., Director of Public Works, advised the deficit was caused by a number of factors throughout the fiscal year including equipment being used on overtime basis more than projected, replacement equipment not put in service as projected and the transfer station being closed several weeks creating more operating costs. Anticipated surpluses in accounts within this budget unit will offset approximately $60,000 of the deficit. The SPSA facility shut down because of the need to rebuild some of the facility, the floor and the tipping area. This incurred expenses not anticipated. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 AN ORDINANCE TO TRANSFER $140,000 WITHIN THE FY 1989-1990 OPERATING BUDGET OF THE PUBLIC WORKS DEPARTMENT TO COVER THE DEFICIT IN THE SOLID WASTE DIVISION WHEREAS, the Public Works Department is projecting a deficit of $140,000 in the Waste Collection Unit; 6 7 8 9 10 WHEREAS, the deficit is due to several factors including: the closure of the transfer station by the Southeastern Public Service Authority resulting in additional travel requirements to the city's landfill; delayed replacement of equipment resulting in higher maintenance costs; and overtime use of equipment to cover the expanded service area; 11 12 WHEREAS, the funds needed to cover the deficit are available within the Public Works Solid Waste Division. 13 14 15 16 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that $140,000 be transferred within the Department of Public Works FY 1989-1990 Operating Budget to offset the deficit in the Waste Collection Unit. 17 This ordinance shall be effective from the day of its adoption. 18 Adopted on the 2 day of July , 1990 - 32 - Item IV-E.6. CONSENT AGENDA ITEM # 33128 Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to TRANSFER $20,000 from the Reserve for Contingencies for the First Night Virginia Beach 1990 Program. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Robert E. Fentress and Harold Heischober Council Members Absent: None ~Vice Mayor Fentress and Councilman Heischober ABSTAINED as they are Directors of Virignia Beach Events, Unlimited. July 2, 1990 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $20,000 FROM THE RESERVE FOR CONTINGENCIES FOR THE FIRST NIGHT VIRGINIA BEACH 1990 PROGRAM WHEREAS, the City of Virginia Beach wishes to promote a drug free environment for all citizens throughout the year; 9 10 11 WHEREAS, the The First Night Virginia Beach Program is a highly visible activity that promotes a drug free environment on New Years Eve as well as throughout the year; 12 13 WHEREAS, a successful First Night Program was staged in 1989 and the City wishes to repeat the event in 1990; 14 15 WHEREAS, these funds will be used to hold the First Night Virginia Beach 1990 Program; 16 17 18 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $20,000 from the Reserve for Contingencies be transferred to the First Night Virginia Beach 1990 Program. This ordinance shall be in effect from the date of its adoption. 21 22 2 Adopted by the Council of the City of Virginia Beach, Virginia on the July day of , 1990. - 33 - Item IV-F.1. APPOI~rrMENTS ITEM ~ 33129 Upon NOMINATION by Councilman Heischober, City Council APPOINTED: CENTRAL BUSINESS DISTRICT COMMISSION Councilman Robert W. Clyburn, Ex Officio Voti ng: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba So McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 - 34 - Item IV-F.2. APPOINTMENTS ITEM # 33130 Upon NOMINATION by Councilman Heischober, City Council APPOINTED: DEVELOPMENT AUTHORITY Louis R. Jones, City Council Liaison Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr.. Robert W. Clyburn, Vice Mayor Robert E. Fentress Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 - 35 - Item IV-F.3. APPOINTMENTS ITEM # 33131 Upon NOMINATION by Councilman Heischober, City Council APPOINTED: HAMFrON ROADS PLANNING DISTRICT COMMISSION One Year Terms (July 1, 1990 - June 30, 1991) Vice Mayor Robert E. Fentress Mr. Walter E. Mather Mr. Aubrey V. Watts, Jr. Two Year Terms (July 1, 1990 - June 30, 1992) Councilman John A. Baum Councilman Harold Heischober Council Lady Reba S. McClanan Mayor Meyera E. Oberndorf AND, APPOINTED HAMPTON ROADS PLANNING DISTRICT COMMISSION EXECUTIVE COMMITTEEE Council Lady Reba S. McClanan Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 - 36 - Item IV-F.4. APPOINTMENTS ITEM # 33132 Upon NOMINATION by Councilman Heischober, City Council APPOINTED: SCHOOL SITE SELECTION COMMITTEE Robert W. Clyburn, Council Liaison Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 - 37 - Item IV-F.5. APPOINTMENTS ITEM # 33133 Upon NOMINATION by Councilman Heischober, City Council APPOINTED: TIDEWATER TRANSPORTATION DISTRICT COMMISSION Councilman William D. Sessoms, Jr. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 - 38 - Item IV-F.6. APPOINTMENTS ITEM ~ 33134 Upon NOMINATION by Councilman Heischober, City Council APPOINTED: VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Dr. Benjamin Laremont Unexpired Term thru: 12/31/92 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr , Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 - 39 - Item IV-F.7. APPOINTMENTS ITEM # 33135 Upon NOMINATION by Councilman Heischober, City Council APPOINTED: VIRGINIA MUNICIPAL LEAGUE Effective Government - Councilman Paul J. Lanteigne Human Development - Councilman Robert W. Clyburn Public Safety - Councilman James W. Brazier, Jr. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 - 40 - Item IV-G.i. UNFINISHED BUSINESS ITEM # 33136 ADD-ON Upon motion by Councilman Baum, seconded by Councilwoman McClanan, City Council DEFERRED INDEFINITELY, to return on an Administative Item Agenda prior to September 20, 1990, any considerations of the Chesapeake Bay Preservation Area Regulations. (This item will appear on the City Council Agenda of July 9, 1990, as it was so advertised). Chesapeake Bay Preservation Area Regulations: Proposed policies to be included as Appendix F to the City Code concerning Geographic Extent, Resource Protection Areas, Resource Management Area and Intensely Developed Areas. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 - 41 - Item IV-G.2. UNFINISHED BUSINESS ITEM # 33137 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council APPROVED: Request for the City Attorney to appeal the Board of Zoning Appeals' decision re signs on 19th Street at the International Brewery property. (VARIANCE GRANTED by the Board of Zoning Appeals on June 6, 1990, to International Festival Associates, 1065 19th Street.) Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne Council Members Absent: None July 2, 1990 - 42 - Item IV-H.1. NEW BUSINESS ITEM # 33138 Bryant Goodloe, Vice President - Langley and McDonald, distributed a Summary of Phase I Study for Planning and Preliminary Engineering : Courthouse Loop, North CIP No. 2-078, Ferrell Parkway, Phase V CIP No. 2-096, Ferrell Parkway, Phases VI & VII. Said document is hereby made a part of the record. Mr. Goodloe introduced Kathy Weese, Engineer and Bill Cashman, Traffic Engineer - Langley and McDonald. Courthouse Loop North, CIP 2-078: This project is for the construction of a two-lane section of an ultimate six-lane highway from Princess Anne Road (Ferrell Parkway) around the Municipal Center to North Landing Road at West Neck Road, a distance of 4,000 feet (0.75 miles). Ferrell Parkway Phase V, CIP 2-096: This project is for the construction of a four lane parkway expandable to eight lanes from the Municipal Center to Holland Road on the west side of Kellam High School. It is also for the construction of a two-lane section expandable to an eight-lane parkway from Holland Road to Seaboard Road (extended) and expandable to a six-lane parkway section from Seaboard Road (extended) to General Booth Boulevard. The eastern most 1,200 feet of this project will be a four-lane section. This project will transverse 2,000 feet of the West Neck Creek floodplain/wetlands area. The total project length is 14,200 feet (2.7 miles). Ferrell Parkway Phase VI and VII: Extend from General Booth Boulevard to Upton Drive a distance of approximately 3,800 feet. Ferrell Parkway Phase VII will join Phase VI at Upton Drive and extend to Sandfiddler Road at the beach, approximately 18,900 feet. The total length of the project is 22,720 feet or 4.3 miles. Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution directing the City Manager to proceed with conducting a Joint Public Location Hearing for Court House Loop-North and Ferrell Parkway Phase ¥, VI and VII; proceed with evaluation of the transportation engineering study proposals; and, provide recommendations to the City Council of any modifications to the City's Master Street and Highway Plan. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 RESOLUTION WHEREAS, the engineering firm of Langley and McDonald, on July 2, 1990, informed the Council of the City of Virginia Beach, Virginia, of the roadway alignment necessary for improvements to Court House Loop-North and to the Ferrell Parkway corridor from Princess Anne Road to Sandbridge, known as Ferrell Parkway Phases V, VI and VII. WHEREAS, the Council of the City of Virginia Beach, Virginia, were further informed of the need for modifications to the city's Master Street and Highway Plan based on the results of the transportation engineering study performed by the engineering firm of Langley and McDonald. NOW, THEREFORE, be resolved by the Council of the City of Virginia Beach, Virginia: The City Manager is directed to proceed with conducting a joint public location hearing for Court House Loop-North and Ferrell Parkway Phases V, VI and VII. Further, the City Manager is directed to proceed with evaluation of the transportation engineering study proposals and provide recommendations to the Council of the City of Virginia Beach, Virginia of any modifications to the city's Master Street and Highway Plan that will be required. Adopted by Virginia on the the 2 Council of the day of Jul}, City of Virginia Beach, , 1990. - 43 - I tern I V-H. 2. NEW BUSINESS ITEM # 33139 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City Council SCHEDULED for the City Council Session of August 14, 1990 RECONSIDEI~TION of the application of 6~ODMAN-SEGAR-HOGAN for a Conditional Use Permit for an open space promotion (DENIED June 11, 1990) ORDINANCE UPON APPLICATION OF GOODMAN-SEGAR-HOGAN FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION Ordinance upon application of Goodman-Segar-Hogan for a Conditional Use Permit for an open space promotion on certain property located on the east side of Indian River Road, 250 feet south of Elbow Road. The parcel contains 167 acres. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 10-1 Councll Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf Council Members Absent: None July 2, 1990 Item IV-H.3. - 44 - NEW BUSINESS ITEM # 33140 The following registered in SUPPORT of the Resolution: Donna Girardot, Program Manager - Hampton Roads Chamber of Commerce - Virginia Beach, read a Statement into the record by Roger M. Pierce, Chairman of the Board. (Said statement is hereby made a part of the record.) Ed Hanson, 4913 Blackfoot Court, Phone: 497-9450, President of the Pocohontas Village Civic League Gerald S. Divaris, President - Central Business District Association, One Columbus Center, Suite 611, Phone: 490-7810. Mr. Divaris' letter of June 25, 1990 is hereby made a part of the record. Mayor Oberndorf referenced message from John L. Perry advising he was unable to attend the City Council Session, but wished his OPPOSITION to the "flyover" registered. The following registered in OPPOSITION: Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, represented the Citizens Action Coalition Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City Council DEFERRED until the City Council Session of July 9, 1990: Resolution requesting the Commonwealth Transportation Board authorize the Virginia Department of Transportation to proceed with award of the contract for design of the Constitution Drive Project utilizing approved Alignment IA. This DEFERRAL will enable a complete STAFF BRIEFING. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: None ~Councilman Heischober ABSTAINED as he may have an interest which might be affected by the Constitution Drive Alignment. July 2, 1990 - 45 - Item IV-H.4. NEW BUSINESS ITEM # 33141 The following registerd in SUPPORT of the application: Gerald S. Divaris, President - Central Business District Association, One Columbus Center, Suite 611, Phone: 490-7810, spoke in support of the authorization to award the CBD Master Plan Consultant Contract. Donna Girardot, Program Manager - Hampton Raods Chamber of Commerce - Virginia Beach, read a Statement into the record by Roger M. Pierce, Chairman of the Board. (Said statement is hereby made a part of the record). Ed Hanson, 4913 Blackfoot Court, Phone: 497-9450, President of the Pocohontas Village Civic League Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City Council: AUTHORIZED the awarding of the CENTRAL BUSINESS DISRICTMaster Plan Contract (EDAW). Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Absent: None Councilman Sessoms DISCLOSED he is serving as Council Liaison to the CENTRAL BUSINESS DISTRICT COMMISSION and is employed with the Central Fidelity Bank located in the Pembroke area, but can participate in the transaction fairly, objectively and in the public's best interest. July 2, 1990 - 46 - Item IV-H. 5. NEW BUSINESS ITEM # 33142 Georgette Constant-Davis, 110 82nd Street, Phone: 422-2948, spoke in SUPPORT of the Ordinance. Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 26-3 of the Code of the City of Virginia Beach, Virginia, re peddling or soliciting on or in public parks, public buildings, or on public property in the Resort Area. (Sponsored by Vice Mayor Robert E. Fentress) Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 2, 1990 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND AND REORDAIN SECTION 26-3 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PEDDLING OR SOLICITING ON OR IN PUBLIC PARKS, PUBLIC BUILDINGS, OR ON PUBLIC PROPERTY IN THE RESORT AREA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 26-3 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 26-3. Peddling or soliciting on or in public parksL or public buildings, or on public property in the resort area. It shall be unlawful for any person to sell, promote the sale of, market, advertise, solicit or take orders for~ goods, wares, merchandise, publications, foods, prepackaged or otherwise, or any service or commodity whatsoever, to or from any prospective customers or passersby while such person, prospective customers or passersby are in on any public park, on the grounds of the city municipal complex, ~- in any city-owned or -leased building, or on public property in the RT-1, RT-2, RT-3, and RT-4 Resort Tourist Districts without obtaining a permit from the city manager. Such permit shall be granted or denied in the reasonable discretion of the city manager based upon the public health, safety and welfare, and the public convenience and necessity. Such permit shall be in addition to any other permit required by this chapter. 29 30 Adopted by the Council of the City of Virginia Virginia on the 2 day of July , 1990. Beach, 31 32 33 CA-03784 ~ordin~proposed~26-003.pro R-1 - 47 - Item IV-H.6. NEW BUSINESS ITEM # 33143 Mr. Giles G. Dodd, Assistant City Manager for Administration, distributed the INTERIM FINANCIAL STATEMENTS (July 1, 1989 - May 31, 1990) to City Council. Said statements are hereby made a part of the record. July 2, 1990 - 48 - Item IV-I.1. ADJOURNMENT ITEM # 33144 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 6:08 P.M. Beverly O. Hooks Chief Deputy City Clerk ~uth Hodge~ Smith, CMC City Clerk 0 ~. Oberndorf ~ City of Virginia Beach Virginia July 2, 1990