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Home My WebLink AboutOCTOBER 1, 2002 MINUTES ITY OF VII GINIA t EAGH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E OBERNDORF, At-Large VICE MA YOR ROBERT C MANDIGO, JR, Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervtlle -Dtstrtct 1 LOUIS R /ONES, BayvMe - Dt~trlct 4 REBA S McCLANAN, Ro~e Hall - Dt~trtct 3 RICHARD A MADDOX, Beach -Dtstrtct 6 JIM REEVE, Prmce~, Anne- Dl~trtct 7 PETER W SCHM1DT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Dt,trtct 5 JAMES K SPORE Cay Manager LESLIE L LILLEE Ctty Attorney RUTH HODGES SMITH, MMC, Ctty( lerk CITY COUNCIL AGENDA ( ITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn October 1, 2002 I CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM Ao SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) John S. Hadfield, Executive Director (30 min.) II.. REVIEW OF AGENDA ITEMS III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V INFORMAL SESSION - Conference Room- 4:30 PM Ao B CALL TO ORDER- Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION FORMAL SESSION - Council Chamber - 6:00 PM Ao CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Peter Daley New Hope Clmstian Fellowship Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F MINUTES 1. INFORMAL AND FORMAL SESSIONS - September 24, 2002 G. AGENDA FOR FORMAL SESSION H ORDINANCES/RESOLUTION Ordinance to ACCEPT and APPROPRIATE $238, 644 additional grant revenue from the U Department of Housing and Urban Development (HUD) to the FY 2002-2003 operating budget of the Department of Housing and Neighborhood Preservation for additional housing Choice Vouchers. Ordinance to APPROPRIATE $6,066,267 to the Development Authority re their outstanding obligation to the City to support economic and commercial development; AND, structure the remaining balances as an interest free debt. , Ordinance to AUTHORIZE a temporary encroachment into the City's drainage easement known as Canal No. 2 by Virginia Beach Marble Company. Ordinance to TRANSFER $107,000 from various Storm Water projects to the Capital Budget and to update the Storm Water Master Plan for the City's Transition Area. , Resolutions re placement of the United States Navy F/A-18 EF Super Hornet Aircraft as recommended in the draft Environmental Statement (EIS): ao Alternative 1 with stipulations. (Recommended by City Manager) bo Alternative 4A with a new outlying field. (Sponsored by Council Lady McClanan) APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT 10/01/02 AGENDA09/03/02/bb www vbgov coin If you are physically disabled or wsually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call TDD only 427-4305 (TDD - Telephonic Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 1 October 2002 Mayor Oberndorf called to order the CITY COUNCIL'S BRIEFING re SOUTHEASTERN PUBLIC SER VICE AUTHORITY (SPSA) tn the City Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, October 1, 2002, at 2 30 P M Counctl Members Present Margaret L Eure, Louts R clones, Reba S McClanan, Vtce Mayor Robert C Mandtgo, dr, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and dames L Wood Council Members Absent None Mayor Oberndorf referenced the Ctty Manager's correspondence of September 2 7, 2002 The Ctty Manager ts attendtng the 88th Annual Conference of the International City Manager's Association tn Phtladelphta (September 30 through October 2, 2002) Followtng the conference, he will be on vacatton for two (2) days C Oral Lambert, Jr, ChtefOperattng Officer, was acttng Ctty Manager -2- CITY COUNCIL'S BRIEFING SOUTHEASTERN PUBLIC SER VICE AUTHORITY (SPSA) ITEM # 50208 2:30 P.M. Michael Barrett, Member - Southeastern Pubhc Service Authortty (SPSA) advtsed since 1985, the Southeastern Pubhc Service Authortty has been operattng an tntegrated and comprehenstve sohd waste management system The system serves the restdents of Chesapeake, Frankhn, Isle of Wight, Norfolk, Portsmouth, Southampton, Suffolk and Virginia Beach The dady management of the regton's sohd waste ts the responstbtltty of over 450 employees, whale system development ts overseen by SPSA 'S Board of Directors composed of a member and alternate representative from each of the etght commumttes The Board has gone through a number of retreats stmdar to the Ctty Councd's and utthzed the same facthtator, Lyle Sumek SPSA needs to be assured thetr servtces are cost effective and meet the spectfic needs of the etght (8) parttctpattng regtons, thetr customers SPSA must negottate a new contract wtth the parttctpattng regions tn 2018 Mr Barrett advtsed there ts no crtsts at thepresent ttme The muntctpal ttpptngfee has been reduced and there are suffictent quanttttes of waste recycled into fuel and burned tn the Navy shtpyard Mr Barrett tntroduced dohn S Hadfield, Executtve Dtrector- SPSA Mr Hadfield advtsed whde there ts no crtsts at the present ttme, there has been some controversy Mr Hadfield ctted the mtsston of SPSA To manage and operate safe, cost efficient and envtronmentally responstble sohd waste collectton, processing and dtsposal programs and facthttes for the mutual benefit of the ctttzens, busmesses and tnstttuttons tn the member communtttes SPSA was formed tn 1975 to replace old mumctpal landfills tn the area The member vtston was that SPSA would recover recyclables and provtde energy and landfill he rematntng waste Contracts wtth commumttes were wrttten to requtre that vtrtually all waste collected tn a communtty be taken to SPSA and that these communtttes pay ttpptng fees necessary to operate the system SPSA WASTE MANAGEMENT SYSTEM Waste-to-Energy System Regtonal Landfill Transfer Stations Yard Waste Recychng Curbstde and Drop-off Recychng Ttre and Metals Recychng Household Hazardous Waste Bustness and Community Educatton POWER PLANT/WASTE TO ENERGY SYSTEM (WTE) SPSA began operattng the US Navy Power Plant tn October 1989 SPSA took over ownershtp of the Power Plant from the Navy tn duly 1999 SPSA receives revenue from the Navy for process stream and electrtcal energy SPSA also recetves revenue from Dommton Vtrgtnta Power for electrtctty sales SPSA has tmproved tts track record of energy productton and efficiency Changes have been made tn management, plant automatton and tn getttng more waste to fuel the Plant Waste-to-Energy Power Plant ts now profitable October 1, 2002 -3- CITY COUNCIL'S BRIEFING S O UTHE,4S TERN PUBLIC SER VICE ,4 UTHORITY (SPS,4) ITEM # 50208 (Continued) Facthttes located tn Portsmouth Over 600,000 tons of Refuse Dertved Fuel (RDF) or more than 50% of the total waste stream was benefictally used through the Power Plant Steam and electrtctty are generated tn an environmentally sound manner 3,385,550,000 pounds of steam generated 240,332,000 kilowatt hours of electricity generated Stx (6) alternattves were presented to update, enhance and change SPSA 's present recychng programs At its September 25, 2002 meettng, the SPSA Board of Dtrectors opted to further tnvesttgate the followtng three opttons Recycling through Waste-to-Energy system Expanded Drop-off recycling Subscription-based curbside recycling The Board wtll further consider the opttons at future Board meettngs begtnntng tn October Mr Barrett advised SPSA is not talking about Virginia Beach changing its recycling program, which ts provtded through Wade Kyle - Rtsk Management Admtmstrator None of these changes would affect Vtrgtnta Beach Six (6) major goals were tdenttfied at the Retreat Long-term Ftnanctal securtty Excellence tn Sohd Waste Management and Servtces Ltfe after 2018 New servtces Awareness and credtbthty Nattonal Model for Environmentally Responstble Integrated Waste Management SPSA reached agreement wtth prtvate hauler contractors tn 2001 The 5-year contract ts subject to renewal tn June 2006 Contracts assure waste volumes are dehvered tn order to meet system reqmrements Hauler ttppmg fees are now tncreastng as the muntctpal ttpptng fees are decreasing By 2006, SPSA's goal ts to have a $42/ton municipal tipping fee At present the ttpptngfee ts $55/ton The Ctty of Vtrgtma Beach's ttpptngfee ts controlled by either the lower of the actual muntctpal ttpptngfee or the cap The $42 wtll get below the cap for Vtrgtnta Beach when that occurs To achteve this, SPSA wtll reduce expenses by conttnutng to tmprove operattng effictenctes and tnvesttgate new, related bustness opportumttes Mr Hadfield &splayed a graph deptcttng Municipal Tipping Fee Reductions. SPS,4 ' s ENVIR ONMEN T,4L CONSIDERATIONS SPSA ts committed to enhanctng and protecttng the envtronment by Matntatmng the pubhc responstbthty for management of waste Protecttng local commumty government, area restdents and area business tnterests Meettng requtrements for state-mandated recychng Managtng the state-requtred sohd waste managementplan for all member communtttes Reductng landfill usage (Less than 50% of sohd waste generated tn our regton ts landfilled) October 1, 2002 -4- CITY COUNCIL'S BRIEFING SOUTHEASTERN PUBLIC SER VICE AUTHORITY (SPSA) ITEM # 50208 (Continued) Mr Hadfield advtsed commerctal tonnage ts approxtmately 600,000 tons There are vartous rates for dtfferent kinds of waste Total revenue from ttpptngfees, both tn the ctttes and from the commerctal sector, ts almost $40-MILLION per year There ts no charge for dumptng normal household waste from a small vehtcle (hke a ptck up) The free dtsposal ts for regtons tn thts Dtstrtct There are about 4 ~ years capactty rematntng tn Cell 5 There ts another area tn the Landfill Cell 6 where part of our yard waste program ts located Stnce Vtrgtnta has become the dumping grounds for New York, Pennsylvama and New Jersey, Mayor Oberndorf tnqutred relative the hfe of the landfills Mr Hadfield esttmated approxtmately seventeen (17) years (some landfills less~some more) Mr Hadfield has heard the land fills on the eastern end of Pennsylvnta have approxtmately two years of hfe left Re the entrepreneurs rolhng thetr garbage tnto Vtrgtnta, there ts no state fee at thts potnt Mr Barrett advtsed last year the Governor made a proposal and this legtslatton ts betng redrafied A number of parttes are tnvolved prtvate haulers, the admtntstratton, VML and, VACO Thts legtslatton has been modtfied SPSA ts concerned, however, tf the flow back ts to the locahttes ts for thtngs that meet the City's needs, thts mtght be a trade-off There are certatnly pohttcal tmphcattons tn recetvtng waste~fuel from other states In some sense to the degree that we are able, the tmport fuel works to our advantage SPSA ts careful about the program betng benefictal to the ctttzens and communtttes and avotdtng waste comtng to Vtrgtnta that ts notprocessable Thts asststs with a lower tipping fee. Mr Hadfield advised Pennsylvama has a fee on all waste of about $8 O0 a ton whether generated tnstde or outstde of state A part of this fee goes back to local government for recychng purposes or other envtronmental uses Mayor Oberndorf advtsed she has been tnvtted to serve on this Commtttee at the State level and would advtse Ctty Counctl Mr Hadfield advtsed, relative locatton of other waste-to-energy opttons, new technologtes bemg utthzed tn Europe and Japan, are expenstve but envtronmentally frtendly These wtll be reviewed Mayor Oberndorf expressed apprectatton to Wade Kyle, Rtsk Management Admtntstrator, and hts "can do attttude" A ctttzen who hves tn Norfolk has a Summer home tn Croatan, comphmented hts expedtent servtce October 1, 2002 -5- AGENDA RE VIEW SESSION 3:03 P.M. ITEM # 50209 H2 Or&nance to APPROPRIATE $6,066,267 to the Development Authority re thetr outstan&ng obhgatton to the Ctty to support economtc and commerctal development, AND, structure the rematntng balances as an interest free debt. As several members tn&cated verbal nays, thts ttem wtll be &scussed durtng the Formal Sesston ITEM # 50210 H3 Or&nance to AUTHORIZE a temporary encroachment tnto the Ctty's dratnage easement known as Canal No. 2 by Virginia Beach Marble Company Counctl Lady McClanan expressed concern as the U S Corps of Army Engtneers seemed emphattc re not utthztng the easement Jtm Lawson, Real Estate - Pubhc Works, advtsed the agreement wtth the Corps sttpulated that anythsng allowed to be budt wsthsn the canal had to be approved by Ctty Counctl This ts a fence for a storage area Vtce Mayor Man&go snqusred tf there would be anythsng hazardous or water soluble wtthsn the drasnage easement As Mr Lawson understood for thesr apphcatton, all they are requesting ss the storage of the bulk stone Council Lady Eure tnqusred relatsve the stze of the area The product should be tdenttfied and be stspulated as "non hazardous waste material" Mr Lawson estsmated the area to be approxtmately 225feet, but he wtll verify thts by the Formal Sessson Mr Lawson advssed thts ss stmtlar to the Hermes encroachment and others, prevsously approved, for fencsng and mostly bulk storage Thts stem wtll be &scussed durtng the Formal Sessson and Mr Lawson wtll have a representattve of Vtrgsnsa Beach Marble tn attendance ITEM # 50211 H5 Resolutsons replacement of the Untted States Navy F/A- 18 EF Super Hornet Asrcrafi as recommended tn the draft Envsronmental Statement (EIS) a. Alternative 1 wtth sttpulattons (Recommended by Csty Manager) b. Alternative 4A wtth a new outlytng field (Sponsored by Councsl Lady McClanan) Councslman Maddox advssed he has another Resolutson he would hke added to the Agenda Mayor Oberndorf wtll also be ad&ng a Resolutson, a mo&ficatson of the Resolutson wrstten by the Csty Manager, and prepared by Chatr Dudley Fulton and the Super Hornet Commssston The Ctty Attorney advssed as there are two resoluttons relattve the Super Hornets, the resoluttons of Mayor Oberndorf and Counctlman Maddox could be sntroduced as amendments or added as separate resolutsons As they are prepared, tt would be preferable to follow the procedure requtrtng 8 votes to ADD the to the Agenda However, if one Resolution fads to be added, the proponent could add hts or her chotce as an amendment Councdman Jones suggested placsng the two Resolutsons as c. and d. The Csty Attorney addressed the sssue of Parhamentary Procedure When these are conssdered by Csty Councd, assumsng all four (4) are vsable, one motton will take place The way City Counctl usually has handled these types of sstuatsons ts there wsll be a motton on one of the ttems wtth a Substttute Motion forthcomsng In thts case, tf the Subststute ts successful, the masn motson ts dropped The Subststute becomes the Masn Motson and ss subject to ad&tsonal substttutes Vtce Mayor Man&go advtsed a correctton and sasd the Resoluttons under (a), (c), and (d) all have a reference to Fleet Carrier Landing Practice Thss should be changed to Field Carrier Landing Practice, whtch ts what FCLP means Alternattve 4A does not have that reference ** See Additional comments re this item after CLOSED SESSION. October 1, 2002 -6- AGENDA RE VIE W SESSION ITEM # 50212 Vtce Mayor Man&go referenced the request of the Mayor relattve movtng Ctty Councd 's Meettng of October 22, 2002, to October 29, 2002 Mayor Oberndorf advtsed the Vtrgtnta Muntctpal League Annual Meettng wtll be held tn Norfolk on October 20 through 23, 2002, and Ctty Counctl Members mtght wtsh to attend Mayor Oberndorf wtll be hea&ng the offictal Ctty delegatton to Vtrgtnta Beach's stster ctty, Mtyazakt, Japan A Resolutton shall be &strtbuted to members of Ctty Counctl Counctl Lady McClanan wtll not be tn attendance durtng the City Councd Sesston of October 29, 2002, and requested the Billboard tssue not be scheduled for thts Session Council Lady McClanan wtshes to be tn attendance for thts tssue Mayor Oberndorf assured the Btllboard ttem wtll NOT be scheduled for thts Sesston ITEM # 50213 B Y CONSENSUS, thefollowtng shah compose the CONSENTAGENDA: ORDINANCES/RES OL UTION HI Or&nance to ACCEPT and APPROPRIATE $238, 644 ad&ttonal grant revenue from the US Department of Houstng and Urban Development (HUD) to the FY 2002- 2003 operattng budget of the Department of Housing and Neighborhood Preservation for ad&ttonal housmg Choice Vouchers. H4 Or&nance to TRANSFER $107, O00 from various Storm Water projects to the Capttal Budget and to update the Storm Water Master Plan for the City's Transition Area October 1, 2002 -7- CITY CO UNCIL LIAISON REPOR TS 3:20 P.M. ITEM # 50214 Counctl Members Reeve and Schmtdt referenced the Virginia Beach Transition Area Technical Review Committee Meeting on Monday, September 30, 2002 Thts meettng was very producttve and the Commtttee ts close to "wrapptng" up the recreational component There ts a network of tratls betng developed whtch hopefully will presented to the Commtttee next Monday The Commtttee wtll revtew the formahzed recreattonal opportuntttes Corrtdorprotectton has been discussed relattve the appearance of the roadways from other parts of the City The development opportuntttes wtll be dtscussed at a later sesston As the ttme hne ts November 30, 2002, the Commtttee ss hopeful topresent a complete report to Ctty Counctl There are many dtfferent dtscusstons and tf tt ss sensed there wtll be a delay, the City Counctl wtll be advtsed and requested to extend thts time ITEM # 50215 Counctl Members Wdson and McClanan referenced a CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS meettng on Friday, September 27, 2002, wtth 100% attendance The completed surveys, were taken very sertously by the Boards and Commtsstons These have been recetved and comptled by the Ctty Clerk Currently, these surveys are betng revtewed Another meettng ss scheduled for October 4, 2002 Counctl Members were requested to provtde comments Counctl Lady Wtlson and Counctl Lady McClanan, City Counctl Ltatsons, are revtewtng the Ctty's appotnttve Boards and Commtsstons Mayor Oberndorf referenced requests of Committees for addtttonal fundtng and staff Counctl Lady Eure beheves at the approprtate ttme, the Lynnhaven Rtver project should be asstgned to the Beaches, Boats and Waterways Commission Councilman Wood concurred Mayor Oberndorf advtsed Councilman Schmtdt that Clay Bermck, Environmental Management Admmtstrator, wtll sttll brtef Ctty Council relattve the waterways durtng a future Workshop Counctlman Reeve advtsed the Lynnhaven, hke the Ehzabeth Rtver project, may have a longer hfe and more ora need to create a network out of the commumty whtch would be beyond the scope of the Beaches and Waterways Commtsstons He beheves thts to be more a commumty tnvolvement Counctlman Wood advtsed there are many stakeholders tn thts process There are groups whtch wtll be worktng on the Lynnhaven Rtver project independent of the Ctty Counctl Lady Wtlson advtsed the representatives of the Beaches and Waterways Commtsston tnvtte ctttzens to attend There were three (3) pubhc hearings durtng formulatton of the Beach Management Plan The Commtsston has an excellent process estabhshed October 1, 2002 -8- CITY COUNCIL COMMENTS 3:33 P.M. ITEM # 50216 C Oral Lambert, ChtefOperattng Officer, advtsed E Dean Block Dtrector of Pubhc Works and hts staff had conducted a Brtefing on September 3, 2002, re the Sandbrtdge Road Corrtdor Improvements Counctl Members requested addtttonal tnformatton whtch was dtstrtbuted by Acttng Ctty Manager Oral Lambert Mr Lambert advtsed another Brtefing has been scheduled for October 8, 2002 The staff wtll advtse the summary of the pubhc meettngs conducted and the recommendatton on ahgnments from the Sandbrtdge Ctttzens Advtsory Commtttee ITEM # 50217 Counctl Lady Eure referenced the reception tn honor of Rtchard S "Dtckte" Foster at the Sheraton Oceanfront Hotel, Oceanfront and 36th Street, 5 30- 7 30 P M, October 1, 2002 The Vtrgtnta Polytechmc Instttute and State Untverstty scheduled this receptton to celebrate the estabhshment of the Rtchard S Foster Urban Forestry Scholarshtp As st ss anttctpated, because of the anttctpated length of thts Ctty Counctl Sesston, st ss doubtful any Members wtll be able to attend Counctl Lady Eure had prevtously passed on thetr apologtes to Mr Foster ITEM # 50218 Council Lady Eure referenced the correspondence concerning the problems at the Creeds firing range Mr Lambert advtsed there are two letters, one from an attorney representtng some of the restdents and another one from the restdents The Ctty Manager met wtth these restdents approxtmately one week ago and they tdenttfied thetr various concerns Stnce that ttme, a number of acttons have taken place and the Ctty Manager's office wtll be prepartng a response to the attorney tdenttfytng those actions Counctlman Reeve advtsed betng tn touch wtth the property owners He has spoken wtth the Pohce Department and toured the Creeds firtng range He asststed tn the organtzatton of the aforementtoned meettng wtth the Ctty Manager, Mr Lambert, Pohce Chtef dacocks, members of the Pohce fi~rce that operate the range and the concerned restdents Thts ss an ongotng tssue, whtch wtll be followed and a resolutton wtll be forthcoming ITEM # 50219 Counctl Lady Eure referenced correspondence of Attorney Tom Smtth regar&ng the purchase of hts property at 19'h Street relattve the Conventton Center Counctl Lady Eure requested an update from the Ctty Attorney be provtded The Ctty Attorney advtsed there ts a ttmetable whtch has been estabhshed for the acqutsttton of the properttes Mr Lambert advtsed a constructton schedule has been estabhshed for the conventton center and the destgn process ts proceedtng wtth the acqutsttton of sttes to facthtate the constructton A number of properttes have been acqutred Council Lady McClanan advtsed tt was clear that some of the procedures were sttll open ended and the Archttects were planntng to provtde further tnformatton to the City Counctl tn October Mr Lambert adwsed the Archttects are returmng with the destgn for the butldtng and other details dtscussed durtng the brtefing The bastc stte plan, the concept of parktng across the southstde of J9th Street and the locatton of the butldtng have been dectded and the project ts movtng forward on that basts Counctl Lady McClanan expressed concern relattve changes tn the landscaptng Stephen Thompson, Chtef Ftnanctal Officer, spoke wtth Jtm Rtcketts, Dtrector of Conventton and Vtsttor Development, and he advtsed the changes were not at an unacceptable level Mr Thompson advised essenttally $4-MILLION has been expended tn destgn and approxtmately $10-MILLIONtn land acqutsttton The staff ts movtngforward with the project Brtefings to revtew each aspect of the Conventton Center wtll be scheduled for Cay Counctl Sesstons. The work to-date has been approved by Ctty Counctl (a stte for the Conventton Center, movtngforward with the project and locattng the Theater tn Town Center) Council Lady Eure advtsed she ss a Ltatson to the Conventton Center and referenced a report from the Pavilion Feasibility Design Subcommittee dated September Thtrd There are constderable changes and the aquartum was ehmtnated Counctl Lady Eure advtsed them thts was Ctty Counctl's dectston Ctty Council needs to have thts Brtefing October 1, 2002 -9- CITY COUNCIL COMMENTS ITEM # 50219 (Continued) Mr Thompson advtsed nothing has been ehmtnated from the project Thts ts sttll awatttng Ctty Counctl's revtew Counctlman Maddox advtsed he ts the new Ltatson wtth Counctl Lady Eure While theprevtous Ctty Counctl gave the dtrecttons, thts ts occurrtng during the new Ctty Counctl's tenure and ts the largest stngle tnvestment the Resort wtll make tn hts hfettme Counctlman Reeve concurred as the new Members have not had a briefing stnce taktng office He only saw the destgns havtng attended prevtous Ctty Council Sesstons prtor to assuming hts duttes ITEM # 50220 Counctlman Vtllanueva also requested a brtefing on the 31~ Street Project and the Performing Arts Theater. ITEM # 50221 Counctl Lady I'Vtlson expressed apprectatton to Robert Matthtas, Asststant to the Ctty Manager, relative the meettng, tnvtttng the pubhc to provtde thetr comments concerning the Legislative Package Thts meettng was conducted tn the Pavthon Board Room, IVednesday, 6 30 P M, September 25, 2002 ITEM # 50222 Vtce Mayor Man&go commended Nancy Creech, Prestdent- Neptune Festival and Donald "Pat" Patterson, 2002 Neptune Festival Director for thetr unselfish endeavors thts past weekend It was an extremely successful weekend The "woman of the cloth" who prayed for our fine weather was certatnly tn good wtth the Lord The Parade was held on Sunday The streets were hned for at least stx blocks The Art Show and Sand castle contest were wonderful Counctlman Maddox comphmented the fireworks as the best he had ever wttnessed October 1, 2002 -lO- ITEM # 50223 Mayor Oberndorf called to order the second INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Council Conference Room, Ctty Hall Butldtng, on Tuesday, October 1, 2002, at 3 50 PM Counctl Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, IZtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary I'Vtlson, and James L I'Vood Counctl Members Absent None October 1, 2002 -11- ITEM # 50224 Mayor Oberndorf entertatned a motton to permtt Ctty Council to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotion, performance, demotton, salaries, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 2-3711 (A) (1) To Wtt Appotntments Boards and Commtsstons Htstortcal Review Board Parks and Recreation Commtsston Pubhc Ltbrary Board LEGAL MATTERS Consultatton wtth legal counsel or briefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Sectton 2 2-3771(A)(7) Ctty of Vtrgtma Beach & Phthp d Kellam v Sentara Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, City Counctl voted to proceed into CLOSED SESSION. Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox, Vtce Mayor Robert C Man&go, Jr, 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 (Recess 3:57 to 4:17 P.M.) (Closed Session 4:17 P.M. - 5:20 P.M.) October 1, 2002 - 12- ITEM # 50225 At 5 20 P M the Mayor ADJOURNED THE CLOSED SESSION and opened the doors for Ctty Counctl to discuss other items of tnterest Several Members of the pubhc returned to the Conference Room and were present for the dtscusston HOWEVER THE RECORDING HAD BEEN TURNED OFF TO ALLOW THE DISC TO BE REMOVED TO THE FORMAL SESSION. THEREFORE, THERE WAS NO TELEVISING OF THIS BRIEF SESSION NOR WAS IT RECORDED Thts ts a summartzatton of City Counctl's dtscusston, ITEM # 50226 Counctlman Maddox expressed concern relattve appotntments to certatn Boards and Commtsstons whtch he feels should be made tn advance of the Agency's exptratton date to allow the appotntee to learn more about the parttcular Board or Commtsston before they have to stt to make determtnattons or recommendattons ITEM # 5022 7 Mayor Oberndorf clartfied there would be twenty-seven (27) or more speakers for the Resoluttons re placement of the United States Navy F/A-18 EF Super Hornet Atrcrafi as recommended tn the draft Envtronmental Statement (EIS) and ascertatned Ctty Counctl's pleasure for the ttme speakers would be allowed to make thetr presentatton BY CONSENSUS, City Counctl agreed each speaker would have three (3) minutes and the Mayor should adhere to the cautton and the red hghts on the podtum to let the speaker know their ttme had exptred The Mayor advtsed that she and Counctlman Maddox had collaborated on another verston of the Super Hornet Resolutton She and Counctlman Maddox advtsed they agreed on the new verston and, BY CONSENSUS, Ctty Council agreed to replace the resolutton previously hsted on the agenda V-H 5 a wtth the new document collaborated by the Mayor and Councilman Maddox ITEM # 50228 Counctlman Jones ascertatned from Ctty Counctl Members thetrpleasure to honor former Counctl Member Harold Hetschober wtth a Resolutton, renamtng the Vtrgtnta Beach Sportsplex - Harold Heischober Field, to be presented October 8, 2002 at the Regular Formal Session October 1, 2002 - 13- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL October 1, 2002 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, Ctty Hall Butldmg, on Tuesday, October 1, 2002, at 6 O0 P M Counctl Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None INVOCATION Reverend Peter Daley New Hope Chrtsttan Fellowshtp Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 1, 2002 Item V-E. - 14- CER TIFICA TION OF CLOSED SESSION ITEM # 50226 Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton conventng the Closed Sesston were heard, chscussed or considered by Vtrgtnta Beach City Counctl Vottng 11-0 Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None October 1, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rg~ma Beach C~ty Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded ~n ITEM # 50224, page 11, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS Section 2 2-3 711(A) of the Code of Vlrg~ma requires a certification by the governing body that such Closed Session was conducted in conformity with Vlrg~ma law NOW, THEREFORE, BE IT RESOLVED That the V~rglma 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 Vlrglma law were discussed ~n Closed Session to which this certification resolution applies, and, (b) only such public business matters as were identified in the motion convemng this Closed Session were heard, discussed or considered by V~rg~ma Beach City Council t~uth Hodges Sml~'th, MMC City Clerk October 1, 2002 Item V-F. 1. - 15- MINUTES ITEM # 5022 7 Upon motton by Counctl Lady Wtlson, seconded by Counctl Lady Eure, Ctty Counctl APPROVED, AS AMENDED, the Mtnutes of the INFORMAL AND FORdFIAL SESSIONS of September 24, 2002 ITEM# 50163 - Page 7 Vtce Mayor Man&go advtsed Cherry Potnt has-a-n._q.o need for an addtttonal outlytng field with tts extsttng atrcraft The runways and outlytngfields would not be suffictent for the Super Hornets The outlytngfield at 4~c,gtte Bogue fltes rtght hand patterns all the ttme Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, 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 October 1, 2002 Item V-G. -16- ADOPT AGENDA FOR FORMAL SESSION ITEM # 50228 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION The Mayor requested City Council ADD: Resolutton to change regular City Council Sessions from October 22 to October 29, 2002 at 6.'00 P.M. October 1, 2002 Item V-G. 1 -17- ADD-ON ITEM ITEM # 50229 Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, City Counctl ADDED and ADOPTED: Resolutton to change regular City Council Session from October 22 to October 29, 2002 at 6:00 P.M. IZottng 11-0 Counctl Members Vottng Ave Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None October 1, 2002 Requested by Mayor Meyera E. Oberndorf A RESOLUTION TO MOVE CITY COUNCIL'S MEETING OF OCTOBER 22, 2002, TO OCTOBER 29, 2002 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Virginia, on the 1st day of October CA-8636 ORDIN~NONCODE~ccmtgres.wpd R-1 - September 30, 2002 WHEREAS, Section 2-20 of the City Code provzdes that "[r]egular formal meetings of the council shall be held ~n the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on the first, second and fourth Tuesdays of each month at 6:00 p.m., unless such date shall fall upon a legal holiday, in which case the meeting shall 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." WHEREAS, the annual meeting of the Virginia Municipal League will be held in Norfolk on October 20 through 23, 2002; and WHEREAS, at this same time, an official City delegation led by Mayor Oberndorf will be in Virginia Beach's sister city of Miyazaki, Japan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That due to the meeting of the Virginia Municipal League and the City delegation's sister city trip durzng the fourth week of October 2002, the briefing, informal and formal session of City Council scheduled for October 22, 2002, shall be held one (1) week later on October 29, 2002. 2. That the City Clerk is hereby directed to take adequate measures to notify the general public of this change in the City Council's meeting date. Adopted by the Council of the City of Virginia Beach, , 2002. APPROVED AS TO LEGAL SUFFICIENCY: _ Department'-of~ Item V-G. 2. - 18- ADD-ON ITEM ITEM # 50230 Upon motton by Councilman Maddox, seconded by Counctl Lady Wilson, Ctty Counctl ADDED to the Agenda and substttuted for Resolution 5a (Collaborattve Resolutton of Mayor Oberndorf and Counctlman Maddox) Alternattve 1 Resolutton re placement of the Untted States Navy F/A-18 EF Super Hornet Atrcrafi as set forth tn the DEIS Vottng 11-0 Council Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members gottng Nay None Counctl Members Absent. None October I, 2002 Item V-H. - 19- ORDINANCES/RES OL UTION ITEM ii 50231 Upon motton by Councdman Jones, seconded by Councdman Wood, Ctty Councd APPROVED IN ONE MOTION Items 1 and 4 as the CONSENTAGENDA Votmg 11-0 (By ConsenO Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None October 1, 2002 Item V-H. 1. - 20- ORDINANCES/RES OL UTION ITEM # 50232 Upon motton by Counctlman Jones, seconded by Counctlman Wood, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE $238, 644 addtttonal grant revenue from the US Department of Houstng and Urban Development (HUD) to the FY 2002-2003 operating budget of the Department of Housing and Neighborhood Preservation for addtttonal houstng Choice Vouchers Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, 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 October 1, 2002 AN ORDINANCE TO ACCEPT AND APPROPRIATE $238,644 OF ADDITIONAL GRANT REVENUE FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO THE FY 2002-2003 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR ADDITIONAL HOUSING CHOICE VOUCHERS 10 11 12 13 WHEREAS, an additional $238,644 has been awarded by the United States Department of Housing and Urban Development for additional housing choice vouchers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL .OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $238,644 is hereby accepted and appropriated to the FY 2002-2003 Operating Budget of the Department of Housing and Neighborhood Preservation to provide additional housing choice vouchers, with estimated revenue from the federal government increased accordingly. Accepted by the Council of the C~ty of Virginia Beach, Virginia on the 1st day of October 2002. CA8620 ordin/noncode/Housing Vouchers.ord.wpd September 25, 2002 R3 Approved as to Content: giment Se~ Approved as to Legal Sufficiency: City Attorney~/Of f ] ce~ U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Section 8 Financial Management Center 2345 Grand Boulevard, Suite 1150 Kansas C~ty, M~ssoun 66108-2603 SEP 1 S Andrew Friedman, Executive Director City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Dear Mr. Friedman: Subject: FY 2002 Fair Share Award of Section 8 Housing Choice Vouchers - Consolidated Annual Contributions Contract Amendment By letter of August 7, 2002, you were notified by the Grants Management Center of the Office of Public and Indian Housing (PIH) that your housing agency has been awarded Section 8 Housing Choice Vouchers under the FY 2002 Fair Share competition. Enclosed with this letter is your executed copy of the Notice to Amend the Consolidated Annual Contributions Contract (CACC), with revised funding exhibit(s) incorporating the funding provided to you by this award. The amendment Notice and revised funding exhibit(s) should be filed with your most recently executed CACC. No execution by your housing agency is needed. The details of the funding awarded to your agency are presented on the first enclosure to this letter. The effective date of the funding has been set a_t January 1, 2003, in order to give you sufficient time to prepare for lease-up, as well as to make the funds available to you during the time period in which they are needed. If your planning indicates that an earlier effective date is needed, please contact your Financial Analyst at the Financial Management Center, and it will be adjusted. If the funding is effective in your current fiscal year, and your currently approved Voucher budget does not include sufficient advances to cover your planned use of these Vouchers, you should submit a budget revision to your Financial Analyst as well. You may issue Vouchers prior to the effective date of the funding. If you have any questions about the CACC documents, please contact your Financial Analyst, Stefanie Gorby, at (304) 347-7013. Any questions concerning the award process or amount should be directed to the PIH Grants Management Center. Please accept our congratulations on your receipt of this funding award We wish you every success as you implement these Vouchers to meet the housing needs of your community. Sincerely, Bernice C. Unland Director Enclosures Annual Contributions Contract Rental Certificate and Rental Voucher Programs ! I II I I u. o. uepanment or Housing and Urban Developrrlent Office of Pubhc and Indian Housing Sechon 8 m I I I HUD NOTICE TO HOUSING AGENCY AMENDING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT Housing Agency: VA039 CITY OF VIRGINIA BEACH In accordance w~th Paragraph 2.c of the Consolidated Annual Contributions Contract between HUD and the HA, you are notified that the funding exhibits of the Consolidated Annual Contnbubons Contract are hereby revised to add a new funding ~ncrement as provided in the attached revised funding exhibits A and B. (This nobce adds one or more funding increments I~sted on the attached funding exhibits ) Revised funding exhibits A and B are attached to th~s HUD nobce. These rewsed funding exhibits replace and revise the prior funding exhibits. In accordance with Paragraph 2.d. of the Consolidated Annual Contributions Contract, this HUD notice and the attached funding exhibits constitute an amendment to the Consolidated Annual Contributions Contract. United States of America Secretary of H. ousin.q and Urban D.e.velopment Date smgned Smgnature of Authorized Represema[~ve x . . S.£P 18 Name & Offimal T~tle: Bernice C. Unland, Director, Section 8 Financial Management Center Form HUD-52520A (12/97) U S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PIH SECTION 8 - FUNDING EXHIBIT PROGRAM-RASED FIELD OFFICE 3FPH OFFICE OF PUBLIC HOUSING HA NUMBER VA039 CITY OF VIRGINIA BEACH MUNICIPAL CENTER VIRGINIA BEACH , VA 234560000 HA FISCAL YEAR-END 06/30 PROGRAM TYPE- VOUCHER PROGRAM ACC NUMBER VA039VO FI FIRST DATE LAST DATE CONTRACT CONTRACT BUDGET NUMBER OF TERM OF TERM TERM AUTHORITY AUTHORITY VA039VOOF03 07/01/2001 06/30/2002 12 0 34,613 VA039VO0016 01/01/2001 12/31/2001 12 0 1,453,785 VA039VO0017 02/01/2001 01/31/2002 12 0 95,554 VA039VO0018 03/01/2001 02/28/2002 12 0 341,264 VA039VO0019 07/01/2001 12/31/2001 6 0 974,314 VA039VO0020 08/01/2001 12/31/2001 S 0 247,065 VA039VO0021 09/01/2001 12/31/2001 4 0 158,122 VA039VO0022 09/01/2001 08/31/2002 12 0 28,500 VA039VO0023 09/01/2001 08/31/2002 12 0 720,480 VA039VO0024 01/01/2002 10/31/2002 10 1,101,379 917,816 VA039VO0025 01/01/2002 10/31/2002 10 2,036,328 1,696,940 VA039VO0026 10/01/2001 09/30/2002 12 3SS,775 355,775 VA039VO0027 01/01/2002 10/31/2002 10 2,812,047 2,343,372 VA039VO0028 02/01/2002 10/31/2002 9 159,096 119,322 VA039VO0029 03/01/2002 10/31/2002 8 568,200 378,800 VA039VO0030 09/01/2002 12/31/2002 4 863,664 287,888 VA039VO0031 10/01/2002 12/31/2002 3 426,148 106,537 VA039VO0032 01/01/2003 12/31/2003 12 477,288 477,288 VA039vog001 07/01/2001 06/30/2002 12 0 324,771 002-09-12 15.49 19 PAGE i Item V-H. 2. - 21 - ORDINANCES/RESOL UTION ITEM # 50233 Upon motton by Counctlman Jones, seconded by Counctlman Vtllanueva, Ctty Counctl DEFERRED IND E FINITE L Y: Ordtnance to APPROPRIATE $6,066,267 to the Development Authority re thetr outstanding obligation to the City to support economtc and commerctal development, AND, structure the rematntng balances as an interest free debt. Counctlman Schmtdt dtstrtbuted a SUBSTITUTE Ordinance Ordtnance to restructure the Ctty of Vtrgtnta Beach Development Authority's outstanding obligation to the City of Vtrgtnta Beach Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Thts ttem was moved and placed after the vote on Item H. 5. re Super Hornet Aircraft, to enable the Ctty Attorney to DRAFT Counctlman Schmtdt's Ordmance October 1, 2002 Item V-H. 3. - 22 - ORDINANCES/RES OL UTION ITEM # 50234 Mr C Oral Lambert, Jr, Acting Ctty Manager, advtsed the area of the encroachment ts 115'x 90' and wtll allow the storage of tratlers tn which are fintshed products such as stnks Attorney Alan Gordon, represented Vtrgmta Beach Marble and advtsed only twenty-five percent (25%) of the storage area ts wtthtn the easement The area of the easement wtll be fenced, stx feet high and landscaped The traders are cargo containers Cultured marble (stnks/wallboards) are stored tn the contatners No raw matertal wtll be stored outstde There shall be three (3) contatners on the stte at one ttme and wtll not be stacked Upon motton by Councd Lady Eure, seconded by Councd Lady Wtlson, Ctty Counctl ADOPTED: Or&nance to A UTHORIZE a temporary encroachment tnto the Ctty's dratnage easement known as Canal No. 2 by Virginia Beach Marble Company The following conchttons shall be requtred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance with the Ctty's spectficattons and approval The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthtn thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall tndemntfy and hold harmless the Ctty, its agents and employees from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an action artstng out of the locatton or extstence of the temporary encroachment Nothing heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied herem and to the hmtted extent spectfied herein, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant must obtatn a permtt from the Development Servtces Center of the Planntng Department prtor to commenctng any constructton wtthtn the encroachment area 7 The temporary encroachment must conform to the mtntmum setback requtrements as estabhshed by the Ctty The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the Grantee to remove the encroachment and, if such removal shall not be made wtthtn the ttme ordered heretn above by thts Agreement, the Ctty may tmpose a penalty tn the sum of One Hundred Dollars ($100) per day for each and every day that the encroachment ts allowed to conttnue thereafter, and may collect such compensatton and penalttes tn any mannerprovtded by law for the collectton of local or state taxes October 1, 2002 Item V-H. 3. - 23 - ORDINANCES/RESOLUTION ITEM # 50234 (Continued) 9 There shall be no stacktng of contatners and contatners are hmtted to no more than three at a ttme Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent None October 1, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S THREE HUNDRED FOOT (300') DRAINAGE EASEMENT KNOWN AS CANAL NO. 2 BY VIRGINIA BEACH MARBLE COMPANY, A VIRGINIA CORPORATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, VIRGINIA BEACH MARBLE COMPANY, a Virginia corporation, desires to construct and maintain a fence behind their building located at 506 Viking Drive, within a portion of the City's 300' drainage easement known as Canal No. 2. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments within the City's existing easements subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, VIRGINIA BEACH MARBLE COMPANY, a Virginia corporation, its heirs, assigns and successors in title, is authorized to construct and maintain a temporary encroachment for a fence in the City's 300' drainage easement known as Canal No. 2, as shown on that certain plat entitled: "PHYSICAL SURVEY OF UNIT 2, BUILDING 2 OF SOUTHEASTERN CONDOMINIUM 506 VIKING DRIVE VIRGINIA BEACH, VIRGINIA FOR VIRGINIA BEACH MARBLE COMPANY", a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and VIRGINIA BEACH MARBLE COMPANY, a Virginia corporation (the "Agreement"), which is attached hereto and incorporated by reference; and 38 39 40 41 42 43 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as VIRGINIA BEACH MARBLE COMPANY, a Virginia corporation and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the First day of October , 2002. 46 47 48 49 CA#- TKENN\ENCROACH\VBMARBLE.ORD R-1 PREPARED: 9/4/02 SiGNA-r=URE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND ~ CITY ATTORNEY LOCATION MAP SC~.E : 1" ~ 1,600~ · \ \ · · \ /\ \ ", ..,\ ~Q LOCATION MAP FOR ENCROACHMENT REQUEST FOR VIRGINIA BEACH MARBLE COMPANY 506 VIKING DRIVE SCALE: 1" = 100' PREPARED BY P/W ENG. DRAFT. 01-^UG-2002 Photos taken behind building of Virginia Beach Marble Co. at 506 Viking Dr. which shows area to be fenced in and used as a storage area. PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this /~~ day of .l~ F~ , 20 Ok, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City" Grantor and VIRGINIA BEACH MARBLE COMPANY, a Virginia corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one). WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as Building 2, Unit 2, Southeastern Condominium, as shown on the plat recorded in D.B. 2753, PG. 0355; and being further designated and described as 506 Viking Drive, Virginia Beach, VA 23452; and WHEREAS, it is proposed by the Grantee to construct and maintain a storage area for large metal containers, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City drainage easement known as Canal No. 2, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for GPIN: 1497-50-7390-1720 the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval, and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PHYSICAL SURVEY OF UNIT 2, BUILDING 2 OF SOUTHEASTERN CONDOMINIUM 506 VIKING DRIVE VIRGINIA BEACH, VIRGINIA FOR VIRGINIA BEACH MARBLE COMPANY", a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty (30) days after such notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Te~pora~y Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Development Services Center of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, VIRGINIA BEACH MARBLE COMPANY, a Virginia corporation, the said Grantee, has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary, with due authority by its board of directors. Further, that the Ci=y of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH By city Manager/Authorized Designee of the City Manager City Clerk VIRGINIA BEACH MARBLE COMPANY a Virginia corporation Mose Mast, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: CITY/COUNTY O~ U~ c~'~ c~~~, to-wit: The foregoing instrument was acknowledged before me this L~ day of ~l_t~ , 20 ~~ , by Mose Mast, President, on behalf of VIRGINIA BEACH MARBLE COMPANY, a Virginia corporation. Notary Public M~p Commission Expires: ~' ~-O5 proved as to Form: lA, PROVED AS TO CONTENT F .... ~GNATU~E Item V-H. 4. - 24 - ORDINANCES/RES O. L UTION ITEM # 50235 Upon motton by Counctlman Jones, seconded by Counctlman Wood, Ctty Councd ADOPTED: Or&nance to TRANSFER $107,000 from vartous Storm Water projects to the Capttal Budget and to update the Storm Water Master Plan for the Ctty's Transition Area Vottng 11-0 (By Consent) Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, 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 October 1, 2002 AN ORDINANCE TO TRANSFER $107,000 FROM VARIOUS STORM WATER CAPITAL PROJECTS TO CAPITAL PROJECT %7-027, SWM MASTER PLANNING, ANALYSIS AND INVENTORY, TO UPDATE THE STORM WATER MASTER PLAN FOR THE CITY'S TRANSITION AREA WHEREAS, $107,000 from various existing storm water 9 capital projects is available to be transferred to capital #7- 10 027, SWM Master Planning, Analysis and Inventory, to update the 11 storm water master plan for the City's transition area. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 13 CITY OF VIRGINIA BEACH, VIRGINIA: 14 1. That $107,000 is hereby transferred from existing 15 capital projects to Capital Project #7-027, SWM Master Planning, 16 Analysis and Inventory, to update the storm water master plan for 17 the City's transition area. 18 2. That of the $107,000 to be transferred, $70,000 19 shall come from Capital Project #7-022, Oceana Gardens East 20 Drainage and $37,000 shall come from Capital Project #7-186, 21 Windsor Woods Drainage. 22 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia, on the 1st day of October , 2002. 25 26 CA-8622 ordin/noncode/swu.ord.wpd R3 September 23, 2002 Approved as to Content' Management ~ APPROVED AS TO LEGAL SUFFICIENCY' L~ Departm~ V Item V-H. 5. - 25 - ORDINANCES/RES OL UTION ITEM # 50236 Spoke tn SUPPORT of Resolution a. (Alternative 1) Rear Admtral Fred Metz, 4512 Vtrgtnta Beach Blvd, Vtce Chatr- Super Hornet Commtsston Bob Sutherland, Representtng Oceana Task Force, Hampton Roads Chamber of Commerce, Chatr- Super Hornet Commtsston Dorcas Helfant, Realtor, Representing Oceana Task Force, Hampton Roads Chamber of Commerce Ron Pearson, rettred Navy Captatn flew out of Oceana for 14 years, representtng Oceana Task Force, Hampton Roads Chamber of Commerce Jtm Joyner, rettred Navy Captatn out of Oceana, representtng Oceana Task Force, Hampton Roads Chamber of Commerce, Commandtng Officer of the Hampton Roads Assoctatton of Naval Avtatton Squadron Jeff Gray, Representtng Oceana Task Force, Hampton Roads Chamber of Commerce Delceno Mtles, Representtng Oceana Task Force, Chatrman- Hampton Roads Chamber of Commerce Michael Barrett, Representtng Hampton Roads Chamber of Commerce Joseph Ltcart, Retatler and Representtng Hampton Roads Chamber of Commerce Ned Wtlhams, past Chatrman of the Vtrgtnta Beach Dtvtston Hampton Roads Chamber of Commerce, Realtor for thtrty (30) years Jeff Garrenton, Board Member -Vtrgtnta Beach Dtvtston Hampton Roads Chamber of Commerce Nancy Creech Representtng Hampton Roads Chamber of Commerce Jimmy Capps, hfe long resident, representtng Hampton Roads Chamber of Commerce, owns and operate an oceanfront motel at beach Mtlhe Jones, 1035 S Bayshore Road 23451, Phone 491-8656 Marvtn Seay, restdent stnce 1965, one of earher assignments was wtth the Navy's overstght of enhsted atrcrafi personnel, 2413 Mtllwood Road 23454, Phone, 481-6394 Suprtya Christopher, Prestdent of Oceana Spouses Club, representtng Hampton Roads Chamber of Commerce Vtce Admtral Rtchard M Dunleavy last tour of duty served as Asststant Chtef of Naval Atr Warfare/and tn Norfolk as Commander Naval Air Force Atlanttc Fleet, representing Hampton Roads Chamber of Commerce Congressman Owen Ptckett, representtng Hampton Roads Chamber of Commerce Spoke tn SUPPORT of Resolution b. (Alternative 4a) Gordon Wall, 523 General Booth Blvd, Dorts Me&ate, 1434 Gannet Run 23451, Phone 428-1439 Dr D C Amerastnghe --Congresstonal can&date, 2030 Meadow Lake Court, Norfolk 23518, Phone 534-549-3450/288-5188 Dr Robert E Young, 665 Fort Raletgh Drive 23451, Phone 428-4758 Mtchelle Pappachrtston, 508 Delaware Avenue 23451, Phone 422-0454, Shadowlawn Restdent Mona Saferstetn, Board Member of CCAJN (Concerned Ctttzens Agatnst Jet Norse), 748 Vtrgtnta Dare Drtve 23451, Phone 422-0401 Hal Levenson, Foundtng Member of CCAJN, 2004 Brtckell Court, Phone 496-0745 Captatn John Shtck, Chatrman- CCAJN and Member Super Hornet Commtsston, 912 Duke of Suffolk Drtve, Phone 496-414 7 Ktmberly Johnson, Member of CCAJN and Super Hornet Commtsston, 4412 Reynolds Drtve 23455, Phone 363-3660 Alexander Renee, school teacher, 900 Duke of Suffolk Drtve 23454, Phone 496-3642 Scott Hessell, Rettred Navy, 301 Eastwood, Phone 463-3845 Elatne Levenson, 2004 Brtckell Court, Phone 496-0745 The Mayor tnvtted the Members of the Super Hornet Commtsston to come forward and speak Chairman F Dudley Fulton, Robert F Atherton, Charles "Gee" Fatson, Jr, Cornell Fuller, Ktmberly I Johnson, Rear Admtral Fred Metz, Captatn John Schtck, Robert F Sutherland and Stanley Waranch A MOTION was made by Vtce Mayor Man&go, seconded by Counctlman Wood, to ADOPT Mayor Oberndorf/ Counctlman Maddox Revtston of the Resolutton endorstng Alternattve 1, as set forth tn the Draft Environmental Impact Statement for the tntroductton of United States Navy F/A-18 EF Super Hornet Atrcrafi to the East Coast of the Umted States, wtth an Outlying Landing Fteld, as the City Council's preferred alternattve October 1, 2002 Item V-H. 5. - 26- ORDINANCES/RESOLUTION ITEM # 50236 (Continued) A SUBSTITUTE MOTION was made by Counctl Lady McClanan to ADOPT a Resolutton endorstng Alternative 4A, wtth a new Outlytng Fteld, as set forth tn the Draft Environmental Impact Statement for the tntroductton of United States Navy F/A-18 EF Super Hornet Atrcrafi to the East Coast of the United States, as the Ctty Council's preferred alternattve The MOTION FAILED for lack of a Second Upon motton by Vtce Mayor Man&go, seconded by Counctlman Wood, Ctty Counctl ADOPTED: (Mayor Oberndorf/ Counctlman Maddox Revtston) Resolutton endorstng Alternattve 1, as set forth tn the Draft Environmental Impact Statement for the tntroductton of United States Navy F/A-18 EF Super Hornet Atrcrafi to the East Coast of the Untted States, wtth an Outlytng Landtng Fteld, as the Ctty Counctl's preferred alternattve Vottng 10-1 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent None October 1, 2002 A RESOLUTION ENDORSING ALTERNATIVE 1, AS SET FORTH IN THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE INTRODUCTION OF F/A-18 E/F (SUPER HORNET) AIRCRAFT TO THE EAST COAST OF THE UNITED STATES, WITH AN OUTLYING LANDING FIELD, AS THE CITY COUNCIL'S PREFERRED ALTERNATIVE WHEREAS, NAS Oceana is the site of the East Coast Master 10 Jet Base at which all of the Navy's F-14 Tomcats and the 11 majority of east coast F/A-18 C/D Hornet aircraft are currently 12 based; 13 14 15 WHEREAS, the City of Virginia Beach has always taken great pride in being the location at which the Navy's East Coast jet aircraft are based; 16 WHEREAS, the City of Virginia Beach recognizes the Navy, 17 and in particular, the men and women who have been stationed at 18 NAS Oceana, as outstanding corporate and individual citizens who 19 are honored and vital to our community; 2O WHEREAS, the Navy intends to replace all of the F-14 21 Tomcats with F/A-18 E/F Super Hornet aircraft, and to that end, 22 has prepared a Draft Envmronmental Impact Statement (DEIS) to 23 evaluate the home basing alternatives for the F/A 18 E/F Super 24 Hornet aircraft; 25 WHEREAS, the aforesaid DEIS considers eight home basing 26 alternatives, among them Alternative 1, under which all ten 27 fleet squadrons and the Fleet Replacement Squadron (FRS) would 28 be stationed at NAS Oceana; 29 WHEREAS, the history of cooperation between the City of 30 Virginia Beach and the Navy demonstrates our mutual recognition 31 of, and concern for, the needs and welfare of each other, as 32 demonstrated by many actions, including, but not limited to, the 33 Navy's constant vigilance in keeping our nation strong and 34 secure; the Navy's sensitivity to the impacts of its operations 35 upon the residents of the City, as shown by the construction of 36 a hush house and adjustment of flight operations so as to lessen 37 the noise impacts upon populated areas; the City's steadfast and 38 unwavering support of the Navy and NAS Oceana; the C~ty's 39 adoption of construction standards requiring noise a~tenua~on 40 in buildings and structures most likely to be zmpacted by les 41 noise; the City's adoption of the Navy's Air In3tallatlon 42 Compatible Uses Zone (AICUZ) Map and of ordinances and zoning 43 regulations implementing measures to reduce the adverse impacts 44 of jet noise; and the City's adoption of an ordinance requirzng 45 disclosure in proposed real estate transactions of the location 46 of property in Noise and Accident Potential Zones; 47 WHEREAS, the implementation of Alternative 1 by home basing 48 all of the East Coast Super Hornet squadrons at NAS Oceana, with 49 an Outlying Landing Field (OLF) at a location to be determined 50 by the Navy, would provide the best economic benefits to the 51 City and the Hampton Roads region, would allow the taxpayers of 52 the United States to avoid the expenditure of millions of 53 dollars for the construction of necessary facilities at other 54 potential home bases; and would allow the naval and civilian 55 personnel assigned to the Super Hornet squadrons, and their 56 families, to enjoy the high quality of life offered in the City 57 and region; 58 WHEREAS, the Navy has indicated its willingness to enhance 59 the level of cooperation and coordination between it and the 60 City; and 61 WHEREAS, it is the sense of the City Council that enhancing 62 the level of proactive cooperation and coordination between the 63 City and the Navy, by means of a more formalized process than 64 has been utilized to date, presents an important opportunity for 65 avoiding conflicts and adverse impacts on both the Navy and the 66 citizens of the City. 67 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 68 CITY OF VIRGINIA BEACH, VIRGINIA: 69 That the Secretary of the Navy is requested to select 70 Alternative 1 from the DEIS on the East Coast placement of the 71 Super Hornet aircraft if an additional fully capable Outlying 72 Landing Field (OLF) is constructed. The goal of the new (OLF) 73 being to reduce the impacts at Fentress and Oceana from all 74 operations to those of Alternative 4A in the DEIS. Alternative 75 1 would place 10 fleet squadrons and the Fleet Replacement 76 Squadron at Oceana Naval Air Station; and, 77 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 78 VIRGINIA BEACH, VIRGINIA: 79 That the Navy is encouraged to re-examine options within 80 Virginia for an OLF and if unsuccessful, the Washington County, 81 North Carolina site should be developed no later than 2008. The 82 fully capable site shall include refueling capabilities so that 83 the majority of Field Carrier Landing Practice (FCLP) and other 84 operations could take place there. 85 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 86 VIRGINIA BEACH, VIRGINIA: 87 1. That the City Manager shall establish a Naval 88 Relations Task Force (hereinafter the "Task Force"), which shall 89 regularly and as frequently as is necessary or appropriate, meet 90 with senior representatives of the Navy for purposes of 91 proactively evaluating land use, environmental, noise, 92 operational and other issues arising from Naval operations, and 93 fostering enhanced relations between the Navy and the City of 94 Virginia Beach; 95 2. The Task Force shall consist of the City Manager and 96 designated staff. The mayor and a council member designated by 97 the City Council will serve as liaisons between the City 98 Council, the Task Force and the Navy; 99 3. That the City Manager shall report the issues 100 considered by the Task Force and its findings and 101 recommendations regarding such issues to the City Council 102 regularly as needed; and 103 4. That the City Council shall give careful and mature 104 consideration to such findings and recommendations and shall, to 105 the extent practicable and appropriate, endeavor to implement 106 them in such manner as will best accommodate the respective 107 needs of the Navy and citizens of the City. 108 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 109 VIRGINIA BEACH, VIRGINIA: 110 That it being the sense of the City Council that the 111 opportunity for close cooperation between the City and the Navy 112 would be enhanced by the Navy's establishment of a similar body 113 having duties and responsibilities which are reciprocal and 114 complementary to those of the Task Force to be established by 115 the City Manager, the United States Navy is hereby respectfully 116 asked to establish a body similar in nature to the Task Force, 117 and should include individuals in the Navy command structure 118 that have authority over aircraft operations, and charge it with 119 working collaboratively with the Task Force to minimize impacts 120 by Naval operations upon the citizens of Virginia Beach. 121 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 122 VIRGINIA BEACH, VIRGINIA' 123 That the Navy is requested to utilize the 1999 AICUZ map 124 adopted by the City Council in 1998 for comparison purposes 125 rather than the "2000 Base Map" in the DEIS. 126 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 127 VIRGINIA BEACH, VIRGINIA- 128 That the City Clerk is hereby directed to forward a 129 certified copy of this Resolution to the Office of the Secretary 130 of the Navy and to each of the City's elected representatives to 131 the United States Congress. 132 133 Adopted by the City Council of the City of Virginia Beach, 134 Virginia on this 1st day of October, 2002. 135 136 137 138 139 CA-8634 Noncode/hornetmaddox2. res. wpd R-3 October 1, 2002 Item V-I 1 -27- APPOINTMENTS ITEM # 5023 7 B Y CONSENSUS, Ctty Council RESCHEDULED the following APPOINTMENT: PARKS AND RECREATION COMMISSION October 1, 2002 Item V-J. 2. - 28- APPOINTMENTS ITEM # 50238 Upon NOMINATION by Counctlman Vtllanueva, Ctty Council APPOINTED Dale Tyree Unexpired thru 8/31/04 CHESAPEAKE BAY PRESER VA TION AREA BOARD Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, 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 October 1, 2002 Item V-I. 3. - 29 - APPOINTMENTS ITEM # 50239 Upon NOMINATION by Council Lady Wtlson and Vice Mayor Man&go, Ctty Counctl APPOINTED REAPPOINTED: Marjorie B. Swallie Ann B. Simpson 2 year term 11/1/02 - 10/31/04 HISTORICAL RE VIEW BOARD Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Voting Nay None Council Members Absent None October I, 2002 Item V-I. 4. - 30- APPOINTMENTS ITEM # 50240 Upon NOMINATION by Vtce Mayor Mandtgo, Ctty Counctl REAPPOINTED Ruth M. Barco Mary L. Denny Jeffrey A. Sachs 3 year term 9/1/02 - 8/31/05 PUBLIC LIBRARY BOARD Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None October 1, 2002 Item V-L. ADJOURNMENT - 31 - ITEM # 50241 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 9:06 P.M. Chtef Deputy Ctty Clerk C~ty Clerk Meyera E Oberndorf Mayor Czty of Vtrgtnta Beach Vtrgtnta October I, 2002