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HomeMy WebLinkAboutJANUARY 7, 2003 MINUTESEITY COUNCIL MA YOR ME YERA E 0 BERND ORF, A t-La rge VICE MAYOR LOUIS R JONES, Bayside - D~str~ct 4 MARGARET L EURE, Centervdle - Dtstr~ct 1 HARRY E DIEZEL, Kempsvdle - D~str~ct 2 REBA S McCLANAN, Rose Hall - Dtstr~ct 3 RICHARD A MADDOX, Beach -Dtstrtct 6 JIM REEVE, Princess Anne -Dtstrtct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, A t-Large JAMES L WOOD, Lynnhaven -Dtstrtct 5 dAMES K SPORE, Ctty Manager LESLIE L LILLEE Ctty Attorney RUTH HODGES SMITH, MMC, Ctty Clerk City of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA January 7, 2003 CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4505 FAX (75 7) 426-5669 E MAIL Ctycncl~vbgov com I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM , TELECOMMUNICATIONS UPGRADE Gwen K. Cowart, Director - Department of Commumcations and Information Technology . COMMONWEALTH'S ATTORNEY - GOVERNOR'S Budget Shortfalls Harvey L. Bryant, m, Commonwealth's Attorney , ECONOMIC DEVELOPMENT STRATEGIC PLAN Donald L. Maxwell, Director of Economic Development Il. REVIEW OF AGENDA ITEMS III. COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI FORMAL SESSION -Council Chamber - 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Pastor Randy Chddress Kempsville Church of Christ 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 AND FORMAL SESSIONS December 17, 2002 G. AGENDA FOR FORMAL SESSION H PUBLIC HEARING 1. TAXIMETER RATE INCREASE ORDINANCES/RESOLUTION 1. Ordinances re Cigarette Tax: a. AMEND § 35-207 of the City Code re proposed cigarette tax increase bo APPROPRIATE $1,080,000 additional CIGARETTE TAX revenue to Economic Development re fire and police staffing as well as public safety facilities and equipment . Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the School Board re the provision of legal services to the Board by the City Attorney in FY 2002-2003. . Ordinance to ESTABLISH the Creeds Trmmng Facility-design; APPROPRIATE $80,0000 from the DEA Shared Assets fund; and, TRANSFER $520,000 from the Library Renovations and Replacements capital improvement project (CIP). . Ordinances to ACCEPT and APPROPRIATE funds for open space improvements: a. $ 5,830 from Mill Dam Landing Associates - Beachwalk Landing b $94,250 from Carol Ann Properties, Inc. - Estates on the Lynnhaven o Resolution appointing Lee Earl Devendorf to the position of Assistant City Attorney effectlvel January 2003. Jo PLANNING o Application of KEMPSVILLE/CENTERVILLE ASSOCIATES, L.L.C. for a Concltttonal Use Perrntt re mini-warehouses and self storage with an office building and manager's residence on the south side of Kempsville Road and Centervdle Turnpike containing 9.31 acres. (DISTRICT 1 - CENTERVILLE) Deferred: Recommendation: November 26, 2002 APPROVAL Ko APPOINTMENTS COMMUNITY SERVICES BOARD (nominated 12/17/02) Robert Gregory William J. Bmnke MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION (RAC) VOLUNTEER COUNCIL YOUTH SERVICES COORDINATING COUNCIL L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephonic Demce for the Deaf) Agenda 01/07/03/gw www vbgov com MINUTES VIRGINIA BEACH CiTY COUNCIL Virginia Beach, Virginia 7 January 2003 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFINGS re the report of TELECOMMUNICATIONS tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, January 7, 2003, at 1 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None -2- CITY MANAGER'S BRIEFINGS TELECOMMUNICATIONS UPGRADE I :OO P. M. ITEM # 50602 Davtd Sulhvan, Chtef lnformatton Officer, tntroduced Gwen Cowart, Dtrector of Communtcattons and Informatton Technology and Doug Onhatzer, Commumcattons Technology Admtntstrator Mr Sulhvan advtsed ComlT ts at a potnt hwere tt ts necessary to make stgntficant tnvestment tn the telecommuntcattons tnfrastructure and telephone system technologtes that support all the City Government Gwen Cowart, advtsed COMITvtrtually runs tts own telephone company for the Ctty Thts has proven to be cost effecttve and more effictent The City's Internal "Telephone Company" Cost effecttve and effictent Volume servtce purchastng for the enttre orgamzatton Centrahzed support, engtneertng, matntenance and &rector servtces Integrated votce and data wtrtng infrastructure management Dehvers conststent, tntegrated servtce and feature sets Ms Cowart &splayed a chart deptcttng the Telecommumcattons overvtew A prtvate phone swttch ss operated on the Mumctpal Campus a prtvate branch exchange that servtces all the 'phones across the Muntctpal campus area The servtces dehvered are Votce Mad, Automattc Call Dtstrtbutton (ACD) and Integrated Information Response System The Ctty then connects out to the long &stance servtce provtder and the contracted telephone company (Vertzon) Thts subsequently connects to all the remote users throughout the Ctty Soctal Servtces, Pohce and Ftre Stattons, Ltbrartes and Parks and Recreatton facthttes There are thtrty-five hundred (3500) Campus users and three thousand (3, 000) Remote users Telecommunication Services Votce Mad Automattc Call Dtstrtbutton (A CD) Remote &te Telephone Systems Remote Dtal-tone Phone Servtce (Centrex) Telephone Equtpment Servtce- (PBX AND Phones) Integrated Informatton Response Systems (Permtts and Inspecttons, Beachhne) Pubhc Telephone Service (Payphone ManagemenO Long Dtstance Servtce Cell Phone Equtpment and Servtces Wtde Area Network (WAN) - Remote &te Networks Cabhng January 7, 2003 -3- CITY MANAGER'S BRIEFINGS TELECOMMUNICATIONS UPGRADE ITEM # 50602 (Continued) Wide Area Network (WAN) Services Data network connecttng muntctpal campus network and 50 remote sttes Provtdes access to Enterprtse apphcattons and servtces such as emad, VIBES (ORACLE Fmanctals), CPRMS/DBRMS, Internet Departmental apphcatton Current WAN Network Type - SMDS Out of support by June 2003 *New WAN Network Type - Frame Relay Future mtgratton capabthty to A TM *Mtgratton must be made as current WAN Network wtll no longer be supported Relattve the ortgtnal Telecommumcattons RFP and contract, the ortgtnal contract for servtces was exptrtng duly 2002 Extenstons were negottated to December 31, 2002, to assure thorough evaluatton of opportuntttes The planmng began tn December 2000 with the development of an Request for Proposal (RFP) The Telecom RFP was completed and tssueddune 2001 Essenttallyfrom October 2002 to July 2002, ComlTengaged tn vendor presentattons, demonstrattons and negottattons The final contract was awarded to Vertzon tn August 2002 Basically the contract has a ten (I0) year term, wtth a four-(4) year tmttal term and then the optton for three (3) two (2)-year renewals Thts contract entatls Wire telephone services, not wireless. Maintenance of main switch Wide Area Network (WAN) system Remote telephone systems Voice Main Services Provtdes standard votce mad box Currently at capacity - 1800 users ttave unmet need for approxtmately 200 users (watttng hsO Remote sites wtll be servtced by new votce mad (Need for addtttonal 500 +matlboxes) No expansion capactty on extsttng system - need to replace January 7, 2003 -4- CITY MANAGER'S BRIEFINGS TELECOMMUNICATIONS UPGRADE ITEM # 50602 (Continued) Counctl Lady McClanan expressed concern relattve the mtsuse of Votce Mad Ms Cowart advtsed each department determtnes tf Votce Mad ts a servtce the tndtvtdual staff member requtres to conduct thetr bustness ComlT provtdes Votce Mad upon request by the parttcular Ctty Department There are 6,500 telephones tn the system wtth 1800 Votce Mad users Ms Cowart will query the tn&vtdual departments re the crtterta utthzed to determtne Votce Mad usage A copy of the City's gmdehnes re utthzatton of Votce Mad will be provtded Mr Onhatzer advtsed there are approxtmately 1,000 wtreless phones Ms Cowart referenced the Ctty has a regtonally negottated contract wtth the Ctty of Norfolk, currently tnvolvmg Vertzon The Ctty wtllprobably submtt a new RFP for these servtces OCocustng on wtreless or votce and data servtces) wtthtn the next ntne (9) to twelve (12) months Thts envtronment has been changtng radtcally and has become very compettttve There wtll be opportuntttes to procure expanded servtces for the same or less dollars Concerntng pagers, a pagtng system ts run through the ra&o system, whtch ts uttltzed by many Ctty agenctes Thts ts a very tow cost to the agenctes as tt ts runmng on the City's tnfrastructure However, some employees have a need to be paged regtonally or statewtde and vendors tn the marketplace are requtred There ts no spectfic contract, pagtng servtces can be provtded through the Vertzon contract or other vendors Thts ts usually drtven by some spectfic bustness need for the employee who travels nationally Typtcally, these contracts would entatl a 3 to 4-year term wtth the optton to renew Counctlman Wood advtsed hts organtzatton, although relattvely small, has saved constderable funds by evaluatmg thts technology on a much more frequent basts than yearly Ms Cowart advtsed the Ctty's system ts very complex, wtth a dtahngplan, dtstrtbutton and reservatton of numbers If thts was done more frequently, thephone number would have to be continually changed throughout the entire organization Ms Cowart advtsed Counctlman Vtllanueva, the Vertzon contract was based on best value Internet services are procured through a consortium tn the Regton (RIPTIDE) Bastcally, those servtces are from Cox Cable Remote Site Upgrades Current aged systems fathng 41 Remote sites with eqmpment Replace tn phases -Ftrst Phase 15 sttes- some tn excess of 12 years old Connect to muntctpal center for Votce Mad and other telephony servtces (ACD, 5-Dtgtt dtahng) Stte Examples -Ltbrartes (Kempsvdle, Great Neck, Prtncess Anne, Windsor Woods) Fire Stations (I6 18, 20, 3, 17, 19), Recreatton Centers (Baystde, Great Neck Princess Anne) January 7, 2003 -5- CITY MANAGER'S BRIEFINGS TELECOMMUNICATIONS UPGRADE ITEM # 50602 (Continued) Automatic Call Distribution (ACD) Ctttzen calls can be processed effecttvely versus getttng busy stgnal or not reachtng servtces Heavy volume of phone calls Pubhc Utthttes Pubhc Works Commzsstoner of Revenue Permtts& Inspecttons Pubhc Informatton Office Unmet need Need to upgrade to support new users Ltbrartes, Waste Management, Emergency 911 Center No cttywtde phone stattsttcs- no abthty to add addtttonal management consoles Phone Equipment Telephone sets are agtng- Average 8 years 3500 sets currently at Muntctpal Center Upgrade to be tn Phases 1200 tn First Phase Rematmng 2300 wtll be phased tn over the next 2 years Provtde conststent platform - enhanced servtces (Cttywtde dtrectory, securtty feature of log-m apphcatton) Mtntmtze repatr parts and cost Ease of programmmg Additional Services Cttywtde Dtahng - 5 Dtgtt dtahng to any ctty office Caller - Id - Displays incoming call tnformatton to assist tn identifying the caller Prtvate Branch Exchange (PBX) Swttch Upgrades - Matntatmng swttches at current support level January 7, 2003 -6- CITY MANAGER'S BRIEFINGS TELECOMMUNICATIONS UPGRADE ITEM # 50602 (Continued) Internal Service Fund Fund reserve managed to support tnfrastructure and system replacement and refresh Telecommuntcatton rates estabhshed to cover current cost and fund future replacement and refresh Mtntmtze tmpact on General Fund for tnfrastructure mvestments Funds fi>r this effort held tn retatned earmngs untd Telecom Contract was tn place 611 - IT Retained Earnings Appropriation Request Voice Mail $ 300,000 ~lCD $ 150,000 Phones $ 350,000 Remotes $ 440,000 WAN $ 150,000 TOTAL $ 1,390,000 Councdman Dtezel requested information re the overall revenue stream derived from the 911 fund Relattve the total contract award, Ms Cowart advtsed Councdman Vdlanueva the award ts dependent upon purchase If the City does not replace the Voice Mad system, this cost value wdl not be under the contract The Contract allows the Ctty to purchase "off the contract" what they wtsh Mr Onhatzer esttmated approxtmately SI-MILLION tn servtces per year encompasstng the Wtde Area Network and the hnes tnto the pubhc swttch telephone network The telephones provided also encompass the School admtmstratton buddtng Counctl Lady Eure requested a breakdown of the location and types of phones such as the one located tn Conference Room Ms Cowart esttmated the Ctty ts savtng approxtmately $400,000 byprovtdmg its own servtce The exact calculatton shall be provtded Some of the Remote systems are breaktng down dady (key systems, whtch are self contained) The current Voice Mad system ts not fadmg The Votce Mad System and the Automattc Call Dtstrtbutton system just does not have the functtonahty needed by the organtzatton Ms Cowart advtsed Councdman Schmtdt there are etght (8)full ttme staff who operate the 'phone system for the Ctty Outsourcmg, tn tts enttrety, was revtewed tn the RFP process and thts tnformatton shall be provided Councd Lady Eure requested caution and monttortng tn the utthzatton of Caller Id January 7, 2003 -7- CITY MANAGER'S BRIEFINGS TELECOMMUNICATIONS UPGRADE ITEM # 50602 (Continued) Ms Cowart advtsed Councilman Jones the capabtltttes of the replacement telephones wtll entail readtng from the matn swttch AND a dtrectory of all the tnternal numbers Mr Onhatzer, advtsed thts ts the base model There are advanced models wtth addtttonal features The 'phones tn the first year replacement (approximately 1200 telephones) entatl a cost of approxtmately $250 to $290 per 'phone Where there does not need to be a large &splay (as tn a Conference Room), there ts a lower cost 'phone of approximately $100 These are betng evaluated on a case-by-case base Therefore, thts ts not a one-for-one replacement Mayor Oberndorf appomted Vtce Mayor Jones and Counctlman Schmtdt as Council Ltatsons to confer with ComlT re the concerns Ms Cowart advised that ttme dependent on the approprtatton ts the fun&ngfor the replacement of the Wide Area Network (WAN) which goes wtthout further support by June 2003 The servtces contract wtth Vertzon was stgned tn August The Wide Area Network (WAN) approprtatton document shall be scheduled for the Ctty Counctl Session of January 14, 2003 January 7, 2003 -8- CITY MANAGER'S BRIEFINGS COMMONWEALTH'S ATTORNEY- GOVERNOR'S Budget Shortfalls 2:IO P. M. ITEM # 50603 Commonwealth's Attorney Harvey L Bryant, III, advtsed he has been a Prosecutor for 19 of the 28 years, he has been practtctng law Few departments of thts Ctty are as pubhcally scrutmtzed as ts hts office tn the performance of datly duttes Judges, jurtes, the pubhc and medta evaluate the Attorneys The Commonwealth's Attorney's budget was reduced by 7% as a result of the Governor's cuts tn October Thts equates to approxtmately $136,000 between now and the end of June Because of those cuts, Commonwealth's Attorney Bryant reahzed he was gotng to have to cease duttes not requtred by State law and for whtch the State does not provtde fundtng Thts, unfortunately, ts the category of Domesttc Vtolence cases (approxtmately 2,200 casesperyear) Effecttve November 25, 2002, Commonwealth's Attorney Bryant stopped accepttng new Domesttc Vtolence cases for prosecutton Obvtously, there wtll sttll be arrests wtth cases comtng to Court Correspondence from Chtef dacocks was dtstrtbuted On December Thtrty-first, the office expertence thetr first loss of a posttton Fortunately, as Ctty Attorney Les Ltlley had an opentng, the Attorney was able to transfer wtth tn the system Wtthout asststance, he wtll lose another Attorney before the end of February or first part of March Commonwealth's Attorney Bryant has reduced his budget tn terms of travel, tratntng and other ttems whtch would allow hts office to sttll perform the bare mtntmum on a datly basts The office ts requtred by State Law to have a certam number of hours of conttnutng legal educatton tn order to matntatn thetr hcenses An approprtatton of $50,000 would allow the restoratton of the prosecutton of Domesttc Vtolence cases at least unttl June Thtrtteth $25,000 would prevent the dtsmtssal of a second Attorney Domestic Vtolence cases that are tn the ptpehne are still betng prosecuted The loss of thts Attorney would mean there wtll be no dedtcated counsel relattve the forfeiture of drug assets These would result tn loss of funds to the Pohce Department Stnce thts program commenced, tn 1977, $777,000 has been forfetted as a result of prosecutton of drug dealers and the forfetture of thetr assets Currently, on an annual basts, those forfettures are provtdmg approxtmately $125,000 a year to the Pohce Department Chtef Jacocks esttmates if there ts no longer an attorney dedtcated to thts functton wtll result tn a shortage of approximately $50, O00 per year wtll result Thts duty of forfetture will become a collateral duty to those attorneys who handle those cases Relattve the Ctty Attorney's office prosecuttng the Domesttc Vtolence cases, hts office can only prosecute those matters which the Commonwealth's Attorneypermtts The City Attorney has dtscussed wtth the Pohce Department provtdtng a mtntmal amount of servtce to assist with the most sertous cases The Commonwealth's Attorney's office has a very effictent servtce and provtdes "vtcttm wttness" The Ctty Attorney's office would not be able to provtde thts same level of servtce The Pohce Officers wtll prosecute the mtsdemeanor cases on thetr own and the City Attorney's office wtll provtde and an attorney to asstst Currently wtth mtsdemeanors tn General Dtstrtct Court, hts office asstgns one attorney to asstst Pohce Officers requesttng asststance (prtmartly tn the DUI area) Commonwealth's Attorney Bryant advtsed he would have to research the delegatton of forfetture of drug asset cases to the Ctty Attorney's office However, he beheves there would be co-ordtnatton and effictency problems He ts now on record tn the nattonal medta advtstng that he wtll accept corporation and foundatton donattons to hts Operattng Budget The Commonwealth's Attorney recetves 20%from the proceeds of the drugforfetture cases Thts ts placed tn a "ratny day fund" He wtll probably have to uttltze thts fund when tt comes ttme to tratn approxtmately twenty-etght (28) attorneys tn thetr conttnutng educatton requtrements Annual tratntng cost ts approxtmately $100,000 January 7, 2003 -9- CITY MANAGER'S BRIEFINGS COMMONWEAL TH'S ATTORNEY- GOVERNOR'S Budget Shortfalls ITEM # 50603 (Continued) Currently there ts dtscusston involving tncreastng a $5.00 Commonwealth's Attorney's fee assoctated wtth the prosecutton of crtmtnal cases, which ts placed tn the State's General Fund Thts has been at $500for approxtmately forty (40) years or more The collectton of fines and costs ts approxtmately $2-MILLION 60% or more comes back to the Ctty of Vtrgtnta Beach Commonwealth's Attorney Bryant dtstrtbuted correspondence from Chtef A M `iacocks, ,Ir - Pohce, Captatn San& Baum, Detecttve Bureau and Fredertck C ,Ienks, III, Clerk- `iuventle and Domesttc Relattons Dtstrtct Court, as well as coptes of pettttons stgned by 936 tndtvtduals The ortgtnals wtll be forwarded to the State Delegation The Ctty Manager advtsed the amount of funds necessary to asstst the State responstbthttes through the March 1, 2003, would be approxtmately $250,000 Thts figure assumes a hiring freeze tn all the departments and travel and training cut back the maxtmum extent posstble If thts fundtng were provtded by the Ctty through June 30, 2003, thts would entatl approxtmately $600,000 The Ctty Manager shall provtde tnformatton relattve exact fitndtng costs .January 7, 2003 -10- CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN 3:40 P.M. ITEM # 50604 The City Manager advised the Council's vision for Virginia Beach ts "Community for a Lifetime" Three presentattons have been encompassed into only one to provtde the "btg ptcture" of the importance of economic vitality The Ctty Counctl, at thetr August 2002 Retreat, estabhshed a htgh prtortty on the tssue of economic development There are now seven (7) Ctty Businesses, (Quahty Organization) betng added Economtc Vttahty dtrectly tmpacts all of the bustnesses Cultural & Recreational SEVEN OF THE CITY' Economic Vitality Strategic Issue Team Don Maxwell Chair - Director of Economic Development Jim Ricketts Director- Convention and Visitor Development Robert Scott Director - Planning Patricia Phillips Director of Finance Jerry Banagan Real Estate Assessor Cynthia Whitebred-Spanoulis Team Facilitator Mary Sheppard Team Recorder January 7, 2003 -11- CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) Mr Rtcketts advtsed the bustness of Economtc Vttahty ts an tntegrated system of tnterrelated processes Business of Economic Vitality: Processes & (Leads) The four processes tn the middle of the chart Tourism, Agribusiness, Economic Development and Mtlttary Support are actually the "four legs to the stool "for Economic Vitality Desired Outcomes of The Business of Economic Vitality + Economic Diversity & Growth + Increasing Per Capita Income & Community Wealth + Work Opportunity & Security + Opportunity for Upward Mobility + Positive City Image Economtc Vttahty means sustatnable growth This requtres chverstty of the sourcs of jobs and revenues to wtthstand negattve changes tn any one sectton of the economy at any gtven ttme January 7, 2003 - 12- CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) Mr Scott retterated the four new ways of thtnktng about Economic Vitality: Four New Ways of Thinking About Economic Vitality ()ur Success ~n Achtevtng& Sustaining Econormc Vitahty Depends Upon Our Understandh~g of the /3'n,e/:s' & What We Can Do About Them 2. Wlxat Should Be Put On the I~ast Acre of Iznd? 3. See, Communicate & Act Ulx)n Every Issue & Project Within the Context of the City's Vision & Strategy To Achieve £b~run/02 For A Lifettme 4. Reacl~g the Upper Rungs of the ~Econormc Vltahty [aider Requires Regional Partnerships & Combined Capacity. Quahtx Global ompclltmn & C hang~ I e&ral &. qtatc Pohc,, & ^ctton R~glonal ~. t, ader,,hip Partncrnhlp, qtrateg~ & ( ap.xc~tx (_ ommumtx Posmxe R~lat~on~h~ps & LttcCtl~t ( OlBllltlnlCatlOII Intrastruttulc -1 mnspettatmn & £ ~rculatmn hfi-o I cch lntrastmcture -Pox~cr In fra,,tructurc Government & ( ommunlt~, [ cadcrqup Suateg~ & P ~rtncrshlp ~ndudmg Ssstema Fhmkmg Lommmnent to Quaht~ -Grox~th Mgt Phfiosophx -qustamqblc Dcx elopmct~t Economic D~¢r~tv & Gro~xth  Peopk I -Populatton ~Dc mog~aph,cs  Retad & ( on)Tnun~t~ Wedlh Rca[ ~qqtc ~ )l~[,o ttlrtltV ~( I 1 Jj)~ 'Id M flnl tn Rcvenu~ ~ Debt & Fxpcnd~turc ~ Economtc lqtahty Drtvers Wheel BUblnc~ (Dr~vers, Linkages, Impacts & Indicators) ch.,~t~ Educ,mon & Trmnmg Quahtx & } ocus The drtvers apply dtfferently to each of the Economic Vitality sectors Bustnesses, Jobs, Income, Houstng, Retad, Revenues, Educatton, and Workforce Per Captta Income ts total tncome dtvtded by total populatton Currently Vtrgtnta Beach Per Captta Income ts nearly the same as that of Vtrgtnta and the Charlotte MSA, htgher than the Untted States, the Jacksonville MSA and the Hampton Roads MSA, but lower than Mecklenberg and Fulton Counties and the Atlanta MSA In the mid 1980's, Vtrgtnta Beach per capital tncome was htgher than all of the enttttes on thts graph, wtth the exceptton of Fulton County Stnce then, Vtrgtnta Beach has lost ground to Charlotte and Atlanta and the gap conttnues to wtden January 7, 2003 - 13- CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) Per Capita Income Comparisons Family Income $70,000 $60,000 $50,000 $40,000 ~ $30,000 $20,000 $10,000 $0 1980 1990 2000 Years · Mecklenberg Cty [] Atlanta M SA [] Fulton Cty ' EIV~rg~ma [] Charlotte MSA · V~rg~ma Beach , ·Jackson~lle MSA · · USA ~' i·Hampton Roads MSA '.i Patrtcta Phtlhps, Dtrector of Ftnance, referenced the amount of tncome influences the market for the houses tn which people hve and estabhsh the type of retatl products they purchase January 7, 2003 -14- CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) Impact of Retail on Economic Vitality · Retail Sales provide 10.7% of Gross City Product (GCP) · Sales Taxes on Retail Contribute 3.4% of City's Revenues--- $41 Million in FY 02 - $344 Million/Pastl 0 Years · Additional Revenues Are Generated From Real Estate and Personal Property Taxes and Business Licenses · Retail Employs 19% of the City's Worktbrce · Virginia Beach is Selling $600 Million Less Than the Purchasing Power of Its Citizens Revenues enable the Ctty to provtde a full array of commumty servtces and opportuntttes tncludmg Quality Education Where Revenues Come From IBusmessDcense 2 5%~ ,Generals alesTax 3 4%~, , 1Utd,tv tax3 4%~ 1~1 Federal Revenues 6 1Other Revenues 10 3% g"21S tate Rcvenues29 7% Charges for S erwce (User Fees) 10 5% [] P · rsonal P rope rty Taxes 8 2% IReal~tate Taxes25 2% ~I otal $1,231,721,539 [] State Revenues 29 7% · Real Estate Taxes 25 2% [] Personal Property Taxes 8 2% [] Charges for Sermces (User Fees) 10 5% · Other Revenues 10 3% [] Federal Revenues 6 8% · Utd~ty Tax 3 4% · General Sales Tax 3 4% · Bus~ness L~cense 2 5% 52% of Vtrgtma Beach's Annual Operating Budget ts tnvested tn Quahty Educatton and Ltbrartes danuary 7, 2003 - 15- CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) Where The City Spends Its Money Pohcv quppor t 0 9°~ Cult ur al &Rccr eatlonal 3 I".~, ~ I Oper atmnal Support 5 Quahtv Physical Environment 17 Economc Vdahly 4 8% Total $1 ,_.~ 1,721,5.~9 Quahty P ducat ton 8dJbr ar ms 52"4 · Quahty Education & L~branes 52% · Economc V~tahty 4 8% [] Quality Physical Enwronment 17 2% [] Safe Corm~mty 11% · Famhes and Youth Opportunities 5 6% [] Operational Support 5 4% · Cultural & Recreational 3 1% [] Policy Support 0 9% Mr Scott referenced the second way of thtnktng about Economic Vitality concerns land Mr Scott &splayed maps of Vtrgmta Beach The first map &splayed six snapshots of development htstory tn ten (l O)-year increments post World War H In I950, Vtrgmta Beach was a very rural county wtth small pockets of development A much more developed pattern emerged tn 1960, just before the creatton of the Ctty of Vtrgmta Beach, through relentless surbamzatton of the Ctty over the next several years By 1970, the growth tn Kempsvtlle, Baystde and the Prmcess Anne Plaza area hadprogressed to constderable expense By 1970, wtth the adoptton of the Comprehensive Plan, Ctty Counctl created the Green Line The Green Line has proven to be the single most effecttve land use tool By 1990, the developed land ts almost untversally above the Green Line By 2000, development has gone below the Green Line into the Transttton area Many of these developments, however, were by the Ctty Amphttheater, Tournament Players Golf Course, Sportsplex There are approxtmately 2,000 acres of vacant land, remammg north of the Green Line A key pomt of the Comprehenstve Plan ts the Ctty sttll needs to grow and develop If we are to contmue to grow, the Ctty must do tt by a pohcy of Redevelopment The Ctty needs to look at land as a resource and not a commodtty A very important thmg to remember ts "What do we want to go on the last acre of land?" What Should be Put on the Last Acre of Land? Treat every land dectston as though tt were about the last acre of/and tn Vtrgtnta Beach Create an Economic Redevelopment Policy now before the last acre of land ts gone ,January 7, 2003 -16- CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) Don Maxwell, Dtrector of Economtc Development retterated the Four New Ways of Thinking About Economic Vitality: Our success in achieving and sustaining Economic Vitality depends upon our understanding of the Drivers and what we can do about them Treat every land decision as though it ware about the last acre of land in Virginia Beach and create an Economic Redevelopment Policy now before the last acre of land is gone See, communicate and act upon every city issue and project within the context of the City's vision and strategy to achieve a Community for a Lifetime Reaching the upper rungs of the Economic Vitality ladder requires regional partnerships and combined capacity Mr Maxwell tntroduced Tom Flynn, Prestdent- Thomas Pomt Assoctates, Inc , Annapohs, Maryland Mr Flynn ts a graduate of Holy Cross and Harvard Untverstttes and has been a consultant to government and prtvate sectors on economtc tssues for over 25 years Mr Flynn stated tn most respects, the bustness envtronment tn Vtrgtnta Beach ts robust Wtth the largest populatton tn the regton, the Ctty offers the best bustness locatton Strategy 2000: B usin ess R eten tio n/Expansio n DED should g~vc high p~aor~t,~ to assisting businesses in expansion and lob creation. / Increase communmatJons with businesses already m the C~ty, partmularly m targeted sectors ~/ Develop a detaded plan to make the best use of the ATC v/ Connect the EDIP grant program to specific industries and h~gher-pay~ng h~gh tech jobs Strategy 2000: Development~Redevelopment DED should expand ~ts ellorts to develop and redevelop land and ~tes · /We estimate an annual demand for approximately 50 acres of commercial land with a p~pehne of only 5-10 years January 7, 2003 -17- CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) Strategy 2000: D evelopm en t/R edevelop m en t The Southeastern Parkway and Greenbelt should have a high priority ,/Acquire/redevelop properties at the Airport Industrial Park for ~ndustnal use ,/Identfficat~on of new development and redevelopment opportumtles. ~llrglnla Bei~.4 ~ Current Population/Job Growth Slower population growth (1,200 hh/year). Average of 4,900 added jobs/year. Strongest growth in service sector. Retail trade is second largest category. Continuing growth in manufacturing. Finance sector is fastest growing. The Department of Economtc Development should expand and tntenstfy its external targettng efforts The fact there was greater success tn the late 1990's wtth a smaller number of prospects means the targettng effort begtn tn 1995 ts worktng Economtc Development should focus tts markettng acttvtttes and ahgn them with its target Economtc Development should reahgn organtzattonal resources to reflect strategtcprtortttes January 7, 2003 - 18- CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) ~llrgtnla oeaab Occupational Employment · Total employment prqjected to grow by 15%: 22 million jobs. · Professional jobs will add 7 million and service sector 5.1 million. · Eight of ten thstest growing occupations are computer-related ("IT"). · Production and manufacturing occupations will grow slowly. · Jobs that require a post-secondary degree will account for 42% of new jobs. The fastest growtng occupattonal categortes are at oppostte poles of the educattonal and lncotne spectrum The Digital Divide In Wage Terms: INTEL's Workforce Survey, 1999 Average Pay of Workers in Oregon by Type of Work No of Workers Non- Techmcal Workers $24,000 I Htgh-technology Sector Workers $104,000 $20,000 $40,000 $60,000 $80,000 $100,000 Salary Level January 7, 2003 - 19- CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) Nltr~lnla ~e~ Exlnb[t 3-1 Target~rg Business Sectors in Virginia Beach (1995/1999) I Sector/Induslry SIC(s) Tdecommm[cabons 48 Radio ami Teleaston 483 Speoal Q)rnmm~cat~n Semces 489 Engneenng/Management 87 Bu,~ness Ser~(es 73 O:)rp Regional Off(es G:)rp Irformabon Mgrnt Centers O3rnputers & Data P~)(es.~ng Ser 737 Manne Sem(esNVater Transl:x~abcn 44 Tra[nng 824 Area Local Grow th Concen- ~J2-95 tratDn 21% 2 26 0% 8 84 94% 0 93 23% 1 8 25% 1 45 10% 264 -30% 1 5 24% 3 97 Criteria GSO Regonal Target Ta'get Sou'(e Thomas Pont Associates, Inc National Grow th Prospect M ark e tin g [ re n d s · Iht;case In defense-related activity · F x p an s[on o f pro fe ss~o n al se[v ~c es · G row th in rn an u lactu r~n g There are at least 141foretgn compantes wtth a presence zn the region - twenty-five (25) tn Vtrgtnta Beach There are at least two hundred twenty-one (221) local firms that export from the region, sixty (60) tn Virginia Beach International Prospects: Israel was very producttve (software apphcatton targeO One other company from Iceland Compete loss of new prospects from Canada, England, Germany and Sweden danuary 7, 2003 - 20 - CITY MAN/I GER 'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PL/IN ITEM # 50604 (Continued) Relattve the tssue of wage thresholds Competitive Cities Jacksonville, Florida: Charleston, South Carolina $ 39,7oo $ 25,3OO National and Metro Area Comparison Exhibit Wage Comparison: US and Va. Beach MSA, 2002 Geographic Area Mean Wage 1/ Hourly Annual 21 Untted States $ 16 23 $ 33,400 Va Beach MSA All workers (full-bme) $ 15 58 $ 32,094 Targeted categones $ 25 36 $ 52,240 Sources NatIonal Compensation Survey, 2001 Notes 1 F~gures from 2001 ~ncreased by 3 percent 2 Annual work year at 2000 hours Mr Flynn stated hts conclustons Top prtortttes are unchanged- balance tnternal/external markettng Help businesses expand locally Target the ktnds of jobs we want and stay the course Add computer and software development to target tndustrtes Expand mdttary/government conract connecttons Seek higher - paying jobs Use Department of Economtc Development's database management software Refocus thejob-quahty tssue A wage threshold Expand and enhance tnternattonal focus - use Hampton Roads Economtc Development Asststance effecttvely Matntatn Ctty's tnternattonal relattonshtps Enhance markettng and use of the Advanced Technology Center - The Perfect match Expand bustness locatton opportumttes parks and business sttes Fund land acqutsttton January 7, 2003 -21 - CITY M/INA GER 'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) Mr Maxwell, Director, tn conjunction with Robert Ruhl - Economic Development Coordinator, dtscussed the desired economic outcomes. Economic Development Desired Outcomes New Targeted Businesses Make Capital Investment & Existing Businesses Stay, Prosper & Expand, Creating Quality Jobs, Higher Wages, l.ow Tax Rates & Quality L~fe in Virginia Beach I ill PI'RI'LCT MAFCll Our Progress in Achieving Economic Development Desired Outcomes 1998-2002 · 143 New Company Locations/3.761 New Jobs · 189 Business Expansions/9,176 New Jobs · TotalNew Jobs Created 12,937 · Jobs Retained in the City 9,827 · $541) Million Tax Base Generated Target Desired Businesses · Target Industries > Felecommumcat~ons >Engmeenng & Management >Marine Services & Water Transportation-Related >Business Serwces (Info Tech & Corporate Offices) >Trmnmg & Development >Manufacturing w/Strong Links to Other Targeted lndustrles >Defense & Security >Computer & Software Development Iltl. PI'RFI~CI MAICIi danuary 7, 2003 - 22 - CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) Target Desired Businesses · Geographic Locations Businesses With an Average Salary & Benefits Package of Greater Than $35,000/Year Our Message THE PERFECT MATCH MATCH MATCH FHI- PERI'I-CT MAPCII Recommended Council Action Treat every Land Dectston as though tt were the last acre avadable tn Vtrgtnta Beach Ensure the supply of land ss adequate to meet the needs of Economtc Development Strategy Estabhsh an Economtc Redevelopment Pohcy Expand EDIP (Economtc Development Investment Program) Pohcy and fundmg Opttons Constder requested Economtc Development program proposals for 2003-2004 Budget Study the retad tndustry and estabhsh a Retad Development Strategy Seek, commumcate and act upon every Ctty tssue and prodect wtthtn the context of the Ctty's vtston and strategy to achteve the Communtty for a Ltfettme Lead regtonal efforts to make Hampton Roads more economtcally compettttve globally January 7, 2003 - 23 - CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT STRATEGIC PLAN ITEM # 50604 (Continued) Mr Maxwell referenced the request of the Development Authortty Chatr for an tncrease allocatton from the addtttonal ctgarette tax revenue Mr Maxwell advtsed there wtll be future presentattons to Ctty Counctl January 14, 2003 DonaM V. Jellig- Chair Jones Hooks - President, HRPDA (Status report) February 25, 2003 James Ricketts - Director of Convention and Visitor Development (Tourism Plan) Last week of March, or first of Apra Economic Development EDIP Proposals Spring Comprehensive Plan danuary 7, 2003 - 24 - ITEM # 50605 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, January 7, 2003, at 5 43 PM Counctl Members Present Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf &m Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None January 7, 2003 - 25 - ITEM # 50606 Mayor Meyera E Oberndorf entertatned a motion 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 PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 2-3711 (A) (1) To Wtt Appotntments Boards and Commtsstons Commumty Servtces Board Mtnortty Bustness Counctl Planntng Commtsston Resort Advtsory Commtsston Volunteer Counctl Youth Servtces Coordtnattng Counctl Upon motton by Counctlman Reeve, seconded by Counctlman Maddox,, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None (5:43 P.M. - 5:50 P.M.) January 7, 2003 - 26- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL January 7, 2003 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, January 7, 2003, at 6 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf, dsm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None INVOCATION Reverend Randy Chtldress Kempsvtlle Church of Chrtst PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA January 7, 2003 ~em ~E -27- CER TIFICA TION OF CLOSED SESSION ITEM # 50607 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meetmg requtrements by Vtrgtma law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton conventng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Council Vottng 11- 0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None January 7, 2003 o~, OUR #~'~°¥ RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rg~ma Beach C~ty Councd convened into CLOSED SESSION, pursuant to the affirmative vote recorded ~n ITEM ii 50606 50592, page 25, and m accordance w~th the provisions of The Virginia Freedom of Information Act, and, WHEREAS Section 2 2-3 711 (,4) of the Code of Vlrglma requires a certification by the governing body that such Closed Session was conducted ~n conformity with V~rg~ma law NOW, TItEREFORE, BE IT RESOLVED' That the Virginia Beach City Councd hereby certifies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully exempted from Open Meeting reqmrements by Vlrg~ma law were d~scussed ~n Closed Session to which th~s certification resolution apphes, and, (b) only such pubhc bus~ness matters as were Identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council ~l(uth Hodges ~'mlth, MMC City Clerk January7,2003 Item V-F. 1. - 28 - MINUTES ITEM # 50608 Upon motton by Counctl Lady Eure, seconded by Councd Lady Wdson, Ctty Councd APPROVED the Mmutes of the INFORMAL AND FORMAL SESSIONS of December 17, 2002. Voting 10-0 Councd Members Vottng Aye Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jzm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Councd Members Abstamtng Harry E Dtezel Councd Members Absent None Councdman Dtezel ABSTAINED, as he was not APPOINTED to Ctty Councd unttl the end of the Formal Sesston, and take hts Oath of Office December 18, 2002 January 7, 2003 - 29- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 50609 BY CONSENSUS, Czty Councd ADOPTED: AGENDA FOR THE FORMAL SESSION January 7, 2003 - 30- Item V-H. 1. P UBL lC HEARING ITEM # 50610 Mayor Meyera E Oberndorf DECLARED A PUBLIC HEARING TAXIMETER RATE INCREASE The following registered tn SUPPORT: Stan Slone, 1661 Lola Drtve, Phone 681-7557, represented Yellow Cab Chrts Wratten, 2900 Ballahack Road, Chesapeake, Vtrgtma, Phone 421-3739, Prestdent- Yellow Cab There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 7, 2003 - 3I - Item V-I.l.a/b. ORDINANCES/RESOL UTIONS ITEM # 50611 The followtng regtstered tn SUPPORT Wtlham P Barley, Prestdent- Vtrgtnta Beach Professtonal Ftrefighters, 4841 Rosecrofi Street, Phone 288-5761 Frank Doyle, Vtrgtnta Beach Professtonal Ftrefighter, 53 72 Lynbrook Landmg, Phone 490-0842 The followtng regtstered tn OPPOSITION: John D Moss, Chatr- Vtrgtnta Beach Taxpayers Alhance, 4109 Rtchardson Road, Phone 363-7745 Brtan Ktrwtn, 304 Crtpple Creek Court Ben Krause, Vice Chatr- Vtrgmta Beach Taxpayers Alhance, 1436 Ftve Htll Tratl, Phone 486-3721, dtstrtbuted tnformatton propostng hts method to decrease expenses and avotd ratstng taxes Satd tnformatton ts hereby made a part of the record Joseph Lewts Ltcart, Catamaren Court, dtstrtbuted correspondence from the Department of the Treasury regardtng Federal Reserve Notes A MOTION was made by Counctlman Jones, seconded by Counctl Lady Eure to ADOPT Ordtnances re Cigarette Tax (a) AMEND 3~ 35-207 of the City Code re proposed cigarette tax increase, and, (b) APPROPRIATE $1,080,000 addtttonal CIGARETTE TAX revenue to Economtc Development retire and police staffing as well as public safety facilities and equipment Counctl Lady Wtlson advtsed economtc development has been determtned Ctty Counctl's htghest prtortty during their August 2002 Retreat Council Lady Wilson suggested another amendment to this Ordtnance APPROPRIATE $1,080,000 addtttonal CIGARETTE TAX revenue to tncrease the EDIP (Economtc Development Investment Program)from three (30 cents to five (50 cents, commencing tn July A SUBSTITUTE MOTION was made by Counctlman Reeve, seconded by Counctlman Vtllanueva to DEFER INDEFINITEL Y Ordtnances re Cigarette Tax (a) AMEND 3~ 35-207 of the City Code re proposed cigarette tax increase, and, (b) APPROPRIATE $1,080,000 addtttonal CIGARETTE TAX revenue to Economtc Development retire and police staffing as well as public safety facilities and equipment: Voting 5-6 (MOTION LOST TO A NEGATIVE VOTE) Counctl Members Vottng Aye Reba S McCtanan, Rtchard A Maddox, dtm Reeve, Peter W Schmtdt and Ron A Vtllanueva, Counctl Members Vottng Nay Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Mayor Meyera E Oberndorf, Rosemary Wilson and James L Wood Counctl Members Absent None January 7, 2003 Item V-I.l.afo. ORD INA NCES/RES OL U TIONS - 32 - ITEM # 50611 (Continued) Upon motton by Vzce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED Ordtnances re Cigarette Tax (a) AMEND 3g 35-207 of the Ctty Code re proposed ctgarette tax tncrease (b) APPROPRIATE $1,080,000 addtttonal CIGARETTE TAX revenue to Economic Development retire and police staffing as well as public safety facilities and equipment Counczl Lady Eure requested the Ctty Manager be chrected to ensure that none of these funds be expended unttl after the General Assembly Sesston Vottng 7-4 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve, and James L Wood Council Members Voting Nay Reba S McClanan, Peter W Schmtdt, Ron A Vtllanueva and Rosemary Wtlson Counctl Members Absent None January 7, 2003 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO CIGARETTE TAX BY INCREASING THE AMOUNT OF THE TAX SECTION AMENDED: ~ 35-207 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-207 of the Code of the City of Virginia Beach are hereby amended and reordalned to read as follows: Sec. 35-207. Lev~ed; Amount. There is hereby levied and imposed by the city, upon each sale of cigarettes, a tax equivalent to sixteen {I~.0) twenty-five (25.0) mills per cigarette sold within the city, the amount of such tax to be paid by the seller, if not previously pa~d, in the manner and at the time provided for in this article. The tax shall be reduced by two and one-half (2.5) mills per cigarette on June 30, 2027. There shall be a penalty for late payment of the tax imposed herein in the amount of ten (10) per centum per month, and interest ~n the amount of three-quarters of-one (0.75) per centum per month, upon any tax found to be overdue and unpaid. Adopted by the City Council of the C~ty of V~rglnla Beach, Virginia, on this 7th day of January, 2003. Requires an affirmative vote by a ma2or~ty of the members of Clty Co uncll. CA-8683 Ordin/Proposed/35-207ord.wpd R-3 December 5, 2002 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #9- 038, "ECONOMIC DEVELOPMENT INFRASTRUCTURE PROJECTS" AND TO APPROPRIATE $1,080,000 IN ADDITIONAL CIGARETTE TAX REVENUE TO THE ECONOMIC DEVELOPMENT DEPARTMENT'S FY 2002-03 OPERATING BUDGET AND THE FY 2002-03 CAPITAL IMPROVEMENT PROGRAM TO FUND THE PURCHASE OF PUBLIC SAFETY RADIOS AND FURTHER ECONOMIC DEVELOPMENT INITIATIVES WHEREAS, the cmgarette tax was increased zn an accompanying ordinance from 16 mills to 25 mills per cigarette sold (raising the tax per pack from 32 cents to 50 cents); and WHEREAS, additmonal publmc safety and economic development initmatives have been identified for funding from the revenue produced by this increase. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That estimated revenue from the cigarette tax mn the 2002-03 Operatmng Budget is hereby mncreased by $1,080,000. (2) (a) That Capmtal Pro]ect #9-038, "Econommc Development Infrastructure Projects," ms hereby establmshed in the FY 2002-03 Capmtal Improvement Program; and (b) That $418,600 ~s hereby approprmated to Capital Project #9-038 to fund economic development mnfrastructure projects. (3) That $406,400 is hereby approprmated to the Capital Pro]ect #3-446, "CIT Communicatmon Systems Upgrade," for the purposes of purchasmng radmos for public safety. (4) That $75,000 is hereby approprmated to the FY 2002-03 Operating Budget of the Department of Econommc Development to 33 34 35 36 target business investment in the defense and security mndustrles. (5) That $180,000 is hereby appropriated to Capital Project #9-141, "Economic Development Investment Program," for the purpose of economic development mnmtiatives. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day O~nll~ry , ~x66~, 2003 CA-8699 ordin/noncode/cigaretteapprop.ord.wpd December 31, 2002 R4 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Item V-I. 2. ORDINANCES/RES OL UTIONS - 33 - ITEM # 50612 Upon motton by Counctl Lady Wtlson, seconded by Counctlman Vtllanueva, Ctty Counctl ADOPTED Ordtnance to AUTHORIZE a Cooperattve Agreement between the Ctty Counctl and the School Board re the provtston of legal services to the Board by the Ctty Attorney tn FY 2002-2003 Vottng 11-0 Council Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R clones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve, Peter W Schmtdt, Ron A VtlIanueva, Rosemary Wtlson and dames L Wood Counctl Members Vottng Nay None Counctl Members Absent None January 7, 2003 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN CITY COUNCIL AND THE VIRGINIA BEACH SCHOOL BOARD PERTAINING TO THE PROVISION OF LEGAL SERVICES TO THE BOARD BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the Office of the City Attorney provided legal services to the Virginia Beach School Board and School Administration ~n FY 2002 pursuant to a "Cooperative Agreement" that was approved by the Board on September 11, 2001, and by C~ty Council on September 28, 2001; WHEREAS, the "Cooperative Agreement" for FY 2002, which expired on June 30, 2002, provides that "It]his Cooperative Agreement ... may be revised, as necessary, and renewed each f~scal year ..."; WHEREAS, a revised "Cooperative Agreement" for FY 2003 was approved by the School Board at its meeting of December 3, '2002; and WHEREAS, C~ty Council agrees that ~t ~s ~n the best · nterests of the City and the School Board for the Offmce of the City Attorney to continue to provide legal services to the School Board pursuant to the revised "Cooperative Agreement" for FY 2003. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby approves the Cooperative Agreement, a copy of which ~s attached hereto as Exhibit A; and 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of the City Council. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of January , 2003. CA-8700 DATAkATYkORDINkNONCODEkLEGALSvc. ORD.wpd R-2 - December 18, 2002 APPROVED AS TO LEGAL SUFFICIENCY' Department of COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2003 Factual Back~round: 1. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attomey shall be the chief legal advisor of the City Council, the City Manager, and of all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the Council. 2. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City and School Board matters, institutional memory, and the ability of the City Attorney's Office to provide a wide range of legal services to the Board based upon the expertise of the attorneys in numerous specialized areas of the law. 6. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. The City Council and the School Board recognize that the potential for conflicting interests between the Council and the Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the Board. Obiectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. The Office of the City Attorney will provide the equivalent of two and one half (2 full-time attorney positions (or 4125 hours per year) and one (1) secretarial position during FY 2003; these services to be provided as follows: A. The Office of the City Attorney will dedicate one full-time attorney at a minimum of the Deputy level and one full-time attorney at a minimum of the Associate Attorney level, or as otherwise mutually agreed. The dedicated attorneys will be located in the School Administration Building and will devote all of their time (t e, 3300 hours per year) to the provision of legal services to the School Board and School Administration. B. During the term of this Agreement, the dedicated attorneys shall be Deputy City Attorney John F. Newhard, Jr., and Associate City Attorney Kamala Hallgren Lannetti, subject to reassignment in the judgment of the City Attorney; provided, however, that selection of the dedicated attorneys shall be mutually agreed upon. Additionally, if a majority of the members of the Board express dissatisfaction with the legal services provided by the dedicated attorneys, or by any other attomey providing services to the Board, the City Attorney will meet with the Board to discuss and evaluate its concerns. Furthermore, if the Board and the City Attorney agree that the most reasonable way to address the Board's concerns is to assign another attorney or other attorneys to represent the Board, the City Attomey will use his best efforts to make such an assignment(s) as soon as possible. C. In addition to the dedicated attorneys, the Office of the City Attorney will also provide an additional 825 hours per year of legal services to the School Board and School Administration. These services will be provided by the other attorneys in the Office, based upon their various areas of expertise with school- related legal issues, and shall include representation in real estate matters, representation of the School Administration in personnel matters, general administrative and procedural issues, and general litigation; and, with the exception of major special education issues, will endeavor to handle as many other legal matters in-house as it is capable of handling subject to the provisions of this Agreement. 2. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the Board and the Division Superintendent, and will keep them apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Division Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual Board members in accordance with applicable Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board a quarterly report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the Board, the Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual Board members. 3. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the Board and the School Administration, and shall assist the Board and Administration in the management of the Board's legal matters; and that the City Attorney shall report to the Board concerning those matters he has been assigned by the Board to manage and/or handle on its behalf. 4. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 6. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. The City shall forward to the School Board IDT requests in the amount of $303,476.39 from its FY 2003 Operating Budget to the FY 2003 Operating Budget ofthe Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of one ( 1 ) Deputy Attorney, one ( 1 ) Associate Attorney, one-half ( 1/2) Assistant Attorney, and one ( 1 ) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2002, and ends June 30, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. 9. This Agreement shall be submitted to, and approved by, the City Council and the School Board prior to December 31, 2002. SCHOOL BOARD OF CITY OF VIRGINIA BEACH By: Daniel D. Edwards Chairman CITY COUNCIL, CITY OF VIRGINIA BEACH By: Meyera E. Oberndorf, Mayor School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on ~"tcmbcr' ~ ,2002. By: School Board Clerk City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on ., 2002. By: City Clerk /I I I I APPROVED AS TO [ LEGAL SUFFICIEiqCY /-/ / Item V-I. 3. ORDINANCES/RESOL UTIONS - 34 - ITEM # 50613 Pohce Chtef A M dacocks and Deputy Chief Greg Mullen - Investigative Servtces, responded to Ctty Council concerns The followtng spoke tn SUPPORT Robert N Fall, 925 Kaster Arch, Phone 464-4669, represented the Thtrd Pohce Prectnct Ctttzens Advtsory Commtttee- Vtrgtnta Beach Trtad Counctl Francts (Bud) L Warren, 1048 Yardley Landtng, Phone 495-0539, represented the Vtrgmta Beach Pohce Department Ctttzens Advtsory Board Judy MacDonald, 2260 Chadwtck Drtve, Phone 498- 7776, Chart - Second Prectnct- Ctttzens Advtsory Commtttee The followtng spoke tn OPPOSITION: Dr Layne Brett, Vetertnartan, 5217 Morrts Neck Road, Phone 426-9079 Wayne Holloman, 5489 Fttztown Road, Phone 426-1264 Ltnda Thteman Xenakts, 1436 Campbells Landmg Road, Phone 426-5303 Dawd Thteman, 1400 Campbells Landtng Road, Phone 426-0511 Ntck Xenakts, 1436 Campbell Landtng Road, Phone 426-5303 Ted Thteman, 1436 Campbells Landtng Road, Phone 426-6520 A MOTION was made by Counctlman Reeve, seconded by Counctlman Maddox to DEFER 30 DA YS (February 4, 2003), Ordinance to ESTABLISH the Creeds Tratmng Facdtty-des~gn, APPROPRIATE $80, O00 from the DEA Shared Assets fund, and, TRANSFER $520, O00 from the Library Renovattons and Replacements capttal tmprovement project (CIP) A SUBSTITUTE MOTION was made by Counctlman Wood, seconded by Counctlman Vdlanueva to ADOPT Ordtnance to ESTABLISH the Creeds Tratnmg Facdtty-destgn, APPROPRIATE $80, O00 from the DEA Shared Assets fund, and, TRANSFER $520, O00 from the Ltbrary Renovattons and Replacements capital tmprovement project (CIP) The name "Creeds" shall be deleted and replaced wtth the word "Pohce" The followtng verbiage shall also be added to the Ordinance ",4 stte selectton process shall precede destgn work and the stte selected shall be approved by Ctty Counctl" January 7, 2003 - 35 - Item V-I. 3. ORDINANCES/RESOLUTIONS ITEM # 50613 (Continued) Vottng 4- 7 (MOTION LOST TO A NEGATIVE VOTE) Counctl Members Voting Aye Vice Mayor Louts R Jones, Mayor Meyera E Oberndorf, Vtllanueva and James L Wood Ron ,4 Council Members Voting Nay Harry E Dtezel, Margaret L Eure, Reba S McClanan*, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt and Rosemary Wtlson Counctl Members Absent None * Verbal Nay January 7, 2003 Item V-I.3. ORDINANCES/RESOL UTIONS - 36- ITEM # 50613 (Continued) Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council DEFERRED thirty (30) days until the City Council Session of February 4, 2003: Or&nance to ESTABLISH the Creeds Tratmng Facthty-destgn, APPROPRIATE $80,000 from the DEA Shared Assets fund, and, TRANSFER $520, O00 from the Ltbrary Renovattons and Replacements capttal tmprovement project (CIP) Counctl Members Wood and Reeve shall serve as Ltatsons The Ctty staff ts chrected that on all future documents, the name "Creeds "shall be deleted and replaced wtth the word "Pohce" The followmg verbtage shall also be added to the Ordmance "A stte selection process shall precede destgn work and the site selected shall be approved by Ctty Counctl" Vottng l l-O Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None January 7, 2003 Item V-I. 4. -37- ORDINANCES/RES OL UTIONS ITEM it 50614 Upon motton by Counctl Lady Wtlson, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Ordtnances to ACCEPT and APPROPRIATE funds for open space improvements a $ 5,830from Mtll Dam Landmg Assoctates- Beachwalk Landing b $94,250from Carol Ann Properties, Inc - Estates on the Lynnhaven Voting 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None January 7, 2003 1 AN ORDINANCE TO ACCEPT $5,830 (IN 2 LIEU OF A PARK DEDICATION) AND 3 APPROPRIATE THIS AMOUNT TO CAPITAL 4 IMPROVEMENT PROJECT #4-950, 5 "NEIGHBORHOOD PARK DEVELOPMENT (ON- 6 GOING)," FOR OPEN SPACE IMPROVEMENTS 7 IN THE VICINITY OF THE BEACHWALK 8 LANDING SUBDIVISION 9 10 WHEREAS, the developer of Beachwalk Landing subdivision, Mill l! Dam Landing Associates, L.L.C., has agreed to a $5,830 cash payment 12 in lieu of a park dedication. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, Virginia: 15 That $5,830 is hereby accepted from Mill Dam Landing 16 Associates, L.L.C., and appropriated to Capital Improvement Pro]ect 17 #4-950, "Neighborhood Park Development (On-Going)," for open space 18 improvements in the vmcinity of the Beachwalk Landmng subdivision, 19 with revenue from local sources in the Capital Budget increased 20 accordingly. 21 Adopted by the Council of the City of Virginia Beach, V~rg~nla 22 on the 7th day ofJanuary, 2003. 23 CA-8706 Ordin/noncode/Cash Beachwalk.ord December 20, 2002 R2 Approved as to Content:  ~rvlces M~-~em--~ ~ ~ Approved as to Legal Sufficiency: Department o Law ! AN ORDINANCE TO ACCEPT $94,250 (IN 2 LIEU OF A PARK DEDICATION) AND 3 APPROPRIATE THIS AMOUNT TO CAPITAL 4 IMPROVEMENT PROJECT #4-950, 5 "NEIGHBORHOOD PARK DEVELOPMENT (ON- 6 GOING)," FOR OPEN SPACE IMPROVEMENTS 7 IN THE VICINITY OF THE ESTATES ON 8 THE LYNNHAVEN SUBDIVISION 9 10 WHEREAS, the developer o f Es tates on the Lynnhaven 11 Subdivision, Carol Ann Properties, Inc., has agreed to a $94,250 12 cash payment in lieu of a park dedication. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, Virginia: 15 That $94,250 is hereby accepted from Carol Ann Properties, 16 Inc., and appropriated to Capital Improvement Project #4-950, 17 "Neighborhood Park Development (On-Going)" for open space 1§ improvements in the vicinity of the Estates on the Lynnhaven 19 subdivision, with revenue from local sources in the Capital Budget 20 increased accordingly. 21 Adopted by the Council of the City of Virginia Beach, Virginia 22 on the 7 day of Januar~ 2003. CA-8707 Ordin/noncode/Cash Lynnhaven. ord December 20, 2002 R2 Approved as to Content: Management Approved as to Legal Sufficiency: Item Vol. 5. - 38- ORDINANCES/RES OL UTIONS ITEM # 50615 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, Ctty Council ADOPTED: Resolutton appotnttng Lee Earl Devendorf to the posttton of Assistant City Attorney effecttve 1 January 2003 Vottng 11-0 Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None January 7, 2003 10 11 12 13 14 A RESOLUTION APPOINTING LEE EARL DEVENDORF TO THE POSITION OF ASSISTANT CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to ~ 2-166 of the Code of the City of Virginia Beach, Virginia, Lee Earl Devendorf is hereby appoInted to the poslt~on of Assistant City Attorney, effective January 1, 2003. Adopted by the Council of the City of Virginia Beach, V~rg~n~a on the 7th day of January, 2003. CA-8711 DATA~ATY%ORDIN~NONCODE\Devendorf. Res December 30, 2002 RI APPROVED AS TO LEGAL SUFFICIENCY' C ~'yJAt t o~R e ~' ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolubon Appo~nhng Lee Earl Devendorf to the Position of Assistant C~ty Attorney MEETING DATE: January 7, 2003 · Background: Secbon 2-166 of the C~ty Code provides that "[t]he c~ty council may, from bme to t~me, upon recommendabon of the c~ty attorney, appoint such deputy and assistant c~ty attorneys as ~t may deem necessary to serve at the pleasure of the c~ty attorney" · Recommendations: It ~s recommended that C~ty Councd adopt the attached resolubon appointing Lee Earl Devendorf to the pos~bon of Assistant C~ty Attorney, effecbve January 1,2003 Mr Devendorf has served as an Assistant Commonwealth's Attorney and ~s being transferred to the C~ty Attorney's Office to fill a vacant posit~on Mr. Devendorf will be working ~n the Real Estate Secbon. · Attachments: Resolubon Recommended Action: Adopbon Submitting Department/Agency: C~ty Attorney - 39- Item V-d. PLANNING ITEM # 50616 1. KEMPSVILLE/CENTER VILLE ASSOCIATES, L.L. C. CONDITIONAL USE PERMIT January 7, 2003 Item V-J. 1. - 40- PLANNING ITEM # 50617 The followtng regtstered tn SUPPORT: Attorney R E Bourdon, Phone 499-8941, represented the apphcant and chstrtbuted tnformatton re self storage facthttes/populatton study and correspondence tn support of the apphcatton Satd tnformatton ts hereby made a part of the record Martin Salasky, 2284 Lynx Drtve, Phone 426-5363, one of the owners of the property The following regtstered tn OPPOSITION: Thomas Salmons, 5952 Senators Court, Phone 502-0203, representattve of the Alexandrta Ctvtc League A MOTION was made by Counctl Lady Eure, seconded by Councilman Vtllanueva to DENY an Ordinance upon apphcatton of KEMPSVILLE/CENTER VILLE ASSOCIA TES, L.L.C. for a Condtttonal Use Permtt Vottng 3-8 (MOTION LOST TO A NEGATIVE VOTE) Counctl Members Vottng Aye Margaret L Eure, Vtce Mayor Louts R Jones and Ron A Vtllanueva Counctl Members Vottng Nay Harry E Dtezel, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Absent None January 7, 2003 Item V-J. 1. - 41 - PLANNING ITEM # 50617 (Continued) Upon motion by Councilman Vtllanueva, seconded by Counctl Lady Wilson, City Council DEFERRED TO FEBRUARY 11, 2003, Ordmance upon apphcatton of KEMPSVILLE/CENTER VILLE ASSOCIATES, L.L.C. for a Conchttonal Use Permtt O~INANCE UPON APPLICATION OF KEMPSVILLE/CENTER VILLE ASSOCIATES, L L C FOR A CONDITIONAL USE PERMIT FOR MINI- WAREHO USES/SELF STORA GE Ordtnance upon Apphcatton of Kempsvtlle/Centervtlle Assoctates, L L C for a Condtttonal Use Permtt for mtm-warehouses/self storage on the south stde of Kempsvtlle Road, 580feet more or less west of Centervtlle Turnptke (GPIN 1455813371, 1455900477) Satd parcel contatns 9 31 acres DISTRICT 1 - CENTER VILLE Vottng I I-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None January 7, 2003 - 42 - Item V-K. 1. APPOINTMENTS ITEM # 50618 B Y CONSENSUS, Ctty Council RESCHEDULED the followtng APPOINTMENTS MINORITY BUSINESS CO UNCIL RESORT AD VISOR Y COMMISSION (RA C) VOL UNTEER CO UNCIL YOUTH SER VICES COORDINA TING COUNCIL January 7, 2003 - 43 - Item V-K. 2. APPOINTMENTS ITEM # 50619 Upon NOMINATION by Counctlman Wood, Ctty Counctl APPOINTED: Robert Gregory 3 year term 01/01/03 - 12/31/05 AND, REAPPOINTED William J. Brunke 3 year term 01/01/03 - 12/31/05 COMMUNITY SER VICES BOARD Vottng 1 I-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None January 7, 2003 - 44 - Item V-K. 3. APPOINTMENTS ITEM # 50620 Upon NOMINATION by Councdman Maddox, Ctty Councd APPOINTED: Janice Pickrell Anderson - Beach District 4 year term 01/01/03 - 12/31/06 PLANNING COMMISSION Vottng 11-0 Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Councd Members Voting Nay None Councd Members Absent None (The appotntment of Michael Levinson on December 10, 2002, ts null and void as he ts not a restdent of the Beach District) January 7, 2003 - 45- Item V-N. 1. AD JO URNMENT ITEM # 50621 Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:32 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk Ruth Hodges Smtth, MMC Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta January 7, 2003