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HomeMy WebLinkAboutMARCH 12, 2002 MINUTESCi CITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, III, Beach - District 6 MARGARET L EURE, Centervtlle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO, JR, Kernpsvtlle -Dtstrtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEY, City Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk of inia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@ctty vtrgtnta-beach va us March 12, 2002 I. CITY COUNCIL'S BRIEFING - Conference Room- 3:00 PM Ao CONVENTION CENTER SOM Planning Consultants Il. REVIEW OF AGENDA ITEMS HI. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Joseph Stallings, Jr. City of Refuge Christian Church of V~rg~nia Beach 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 March 5, 2002 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. ELECTION DISTRICT PRECINCT CHANGES: ao Estabhsh a new polling place for the Capps Shop voting precinct Close the Hilltop voting precinct Modify the boundaries for the Oceana, Llnkhom, Eastern Shore, South Beach, North Beach, Bellamy, and Round Hill voting precincts I ORDINANCES/RESOLUTION 1. Ordinance to AMEND and REORDAIN § 10-1 ofthe City Code to: a, b, Move the polling place for the Capps Shop Precinct from the Mosquito Control Bttitdmg to Back Bay Christian Assembly at 1196 Princess Anne Road Close the Hilltop Precinct at '~-- ~ °' .... ,____, T __., ....... ,-~_ .... ,_ ~,.J~Ji, J~J. OII~,.,}JIIIGI t~. I ~Li. IAI~;~I IJ. ll ~,~.~IILI. I L~ll Modify the boundaries for the Oceana, Linkhorn, Eastern Shore, South Beach, North Beach, Bellamy and Round Hill voting precincts , Ordinance to ACCEPT and APPROPRIATE $12,826 from the Federal Government to the FY 2001-02 operating budget of the Social Servmes Department re enhancement of adoption-related services. o Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange re an agricultural land preservation easement owned by Mildred C. Furlough on Indian Creek Road. , Resolution to AUTHORIZE the City Manager to sign a Memorandum of Agreement to ~mprove the wetlands compensation process ~n the Southern Watershed Area Management program (SWAMP). J. PLANNING , Application of COLONEL WILLIAM H. and JO A. GALLUP for an enlargement/ conversion of a nonconforming use and add an addition, enclose the deck and shed with a second floor addition to the structure at 304 45th Street, contaimng 6,477.5 square feet. (BEACH - DISTRICT 6) Recommendation: DENIAL . Application of WOODFIN HEATING, INC., for a Condtttonal Use Permtt for an automobile service station on the east side of First Colonial Road, north of Virginia Beach Boulevard, containing 41,817.6 square feet. (BEACH- DISTRICT 6) DEFERRED: Recommendation: February 12, 2002 February 26, 2002 APPROVAL . Apphcation ofTYSINGER MOTORSPORTS, L.L.C., a V~rg~ma limited habfl~ty company, for a Conditional Use Permtt re a small engine repair estabhshment (motorcycles) on the south s~de of V~rgmm Beach Boulevard, east of Fret Meadows Road (5503 Virgmm Beach Boulevard), contmnmg 0.9392 acres. ( KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL . Application of ARACELI G. DIAZ and VICTORIA GUMAPAS for a Condtttonal Use Permit re housing for seniors and disabled persons on Lot 27, Block L, Fox Run, Section Two (901 Marlborough Circle), containing 10,360 square feet. ( KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL . Application of CENTRAL PARK ASSOCIATES, L.L.C., for a Change of Zomng Dtstrtct Classtficatton from R-7.5 Residential to Conditional B-2 Community Business re property on the south side of Bonney Road, east of Witchduck Road (5129 Bonney Road), contaimng 4 acres. ( KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL K. APPOINTMENTS 1. SHORE DRIVE ADVISORY COMMISSION 2. TIDEWATER REGIONAL GROUP HOME COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE- FINAL EVENT ]l TOPIC l] LOCATION ][ DATE City Manager's FY 2002-2003 Proposed Resource Management Plan Councd Chamber March 26th Presentation 6 PM Council Workshop Economic Vitality, Cultural and Recreational Opportumtles and, Council Conference Aprd 2nd Policy and Decision Support Room Council Workshop Quality Education for Lifetime Learning Council Conference April 9th Room Council Workshop Quality Physical Environment & Operational Support Council Conference April 16th Room Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Frank W. Cox High Aprd 18th Plan School 6:00 PM Council Workshop Safe Community and Family and Family and Youth Council Conference April 23rd Opportunities Room Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Council Chamber April 23rd Plan 6 PM Council Workshop Reconciliation of outstanding resource issues Council Conference May 9~ Room 3 PM Adoption of FY 2002-2003 City Council Vote on Resource Management Plan Council Chamber May 14th Resource Management Plan (will include Public Hearinl~) 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 - Telephomc Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 12, 2002 Mayor Meyera E Oberndorf called to order the Ctty Manager's Brtefing re the CONVENTION CENTER tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, March 12, 2002, at 3 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent None -2- CITY MANAGER'S BRIEFING CONVENTION CENTER 3:00 P.M. ITEM # 49393 dames B Rtcketts, Dtrector- Department of Convention and Vtsttor Development, advtsed, stx months has been saved on the Convention Center construction time hne because the City Council developed the Constructton Management process Thus, Phase 1,4 ('half of the Exhtbtt Hall, Meettng Room/Ballroom and prefunctton spaces) wtll be completed tn March 2005, at whtch ttme the Ctty wtll move out of the old facthty tnto the new The old facthty wtll be torn down Final completton ts scheduled for November 2006 vs 2007 The stte layout ts more define concerntng the sttuatton on the stte and the ctrculatton tssues of parktng The ballroom has been tncreased tn stze from 30,000 square feet to 38,000 square feet Thts ts not addtttonal space The ballroom has been tncreased, but the butldtng has been kept wtthm the ortgtnal square footage and budget The trend tn the Untted States, tn terms of conventton centers, ts to have larger banquet space and ballroom space The butldmg program and operattonal functtons of the butldmg have been fatr[y defined Four (4) basic design options have been presented to the Conventton Steertng Commtttee The 19'h Street Corrtdor ts bemg reviewed by a separate team from Skidmore Ownings & Merrill LLP (SOM) tn terms of land use and recommendattons The Ctty staff has been very acttve tn conferring wtth the archttects, SOM, the local archttect Clark Nexsen, and the Programmtng Consultants, Conventional Wisdom On January 24-25, 2002, the Manager of the Pavthon, Courtney Dyer, Operations Supervisor, M H Vankeuren and dames Parttn, ProJect Manager - Pubhc Utthttes, Engtneertng, vtstted Chtcago wtth SOM and all of the consultants approprtate to the butldtng, dtscusstng food servtce, acousttcal tssues, audtovtsual commumcattons, securtty and the cost esttmattng procedures to stay wtthtn the proposed budget Two meettngs wtth the Conventton Steermg Commtttee have occurred 0 February 19, 2002: SOM presented site layouts, programming of the facility, three (3) building conceptional design options for discussion. 2. March 1I, 2002: SOM presented further building site layouts, diagrams, programming and a fourth conceptional design option. After these meetings, the Steering Committee voted unantmously to support proceeding with the schematic destgn process where the architectural forms assume a more clearly defined look Mr Rtcketts emphastzed the concepttonal destgns do not necessartly convey the archttectural destgn of theproject to any great detatl The archttectural destgn wtll be better defined durtng the next ten (I0) weeks Mr Rtcketts introduced George J Efstahtou - Management Partner - SOM and Letgh S Breslau -Destgn Partner wtth SOM George d Efstahtou advtsed the project has been dtvtded tnto four (4) bastc phases predestgn, schemattc destgn, destgn development and constructton document The predestgns are very early concepts and the end result may not even resemble these destgns However, for these first ten weeks SOM, concentrated on very tmportant aspects of stte planntng the butldtng and the organtzatton of the butldtng Letgh S Breslau advtsed thts ts an tmportant project not only for Vtrgtma Beach but potenttally for the regton Thts ts to be a very masstve facthty of approxtmately ~-MILLIONsquare feet of space to be located within a few blocks of the Beachfront Mr Breslau advised the larger ballroom can be accommodated wtth tts support base and all of the exhtbttton area wtthtn the site prevtously planned Thts concept allows the theater facthty to rematn tn place until such ttme as moved Thts was the whole potnt of starttng the project to the east and bmI&ng toward the west There has been pressure on the buffer edge along Parks Avenue, but SOM does not beheve thts wtll be a problem That edge of the butldtng wtll actually '`step up ", so that the mass of the ballroom wtll not be &rectly on the edge of the street There wtll sttll be a very broad zone of setback Mr Breslau showed the creatton of a major pubhc space at 19th Street SOM had prevtously recommended the butldtng's face be turned towards 19'h Street At present, the front of the Pavthon has a 30-foot setback from a major highway. Thts ts not a htghly recommended manner to approach a "state of the art" conventton center SOM recommended the buddtng be "flipped around" The pubhc space wtll be across the front of the bmldtng factng a grand new pubhc square and the servtce entrances are on the back stde of the butldtngfacmg the htghway There should be a sense of arrtval, occaston and grandeur SOM ts revtewtng development of a pubhc space on both stdes of 19tn Street tn order for more pubhc space being created and not just a street As the design evolves, 19~n Street at Parks Avenue tn the location of the Conventton Center may actually change tn tts character It may evolve from a pubhc street tnto a Ctty Square Then the populous would drtve through the pubhc square on the way past the Conventton Center Many acttwttes are accommodated wtthtn a pubhc street Thts could become a very compelhngpubhc space wtth the matertal of the roadway changed All of these tssues presented need to be studted tn detad wtth a range oftechntcal consultants March 12, 2002 -3- CITY MANA GER 'S BRIEFING CONVENTION CENTER ITEM # 49393 (Continued) Beyond the major pubhc space tn Phase I, there ts the potenttal to accommodate shghtly over 3, 000 cars between parktng areas at the west end of the site and south of 19tn Street on the property the Ctty ts tn the process of acqutrtng Thts parktng space has been dtvtded by the City grtd to make the parktng areas understandable and maxtmtze the movement of the cars tn and out of theparktng lots There ts some thought of narrowtng the 5-block wtdth of 19tn Street Thts ts an unusually wtde block and could be narrowed to make the pedestrtan expertence a httle more comfortable The potenttal for under- and over-passes ts also part of the long term study for design of this pubhc space SOM went on to determine how the second phase would be accommodated A drawing of Phase H was deptcted Once Phase H comes tnto play, wtth the loss of parktng on the stte, structured parktng would have to be constdered at thts potnt as 800 spaces would be lost adjotmng the butIdtng A third and fourth phase south of19t* Street was deptcted These butldtngs will grow every seven to ten years and the growth needs to be accommodated Thts study shows the Center can substanttally grow to three and four ttmes the current stze on the stte the Ctty ts tn the process of acqutrtng In the thtrd phase, another parktng garage wtll come on hne so all the parktng needed wtll be acqutred for the expanded complex As the project ts expanded, the pubhc space ts also expanded Thts can be a wonderful ctvtc plaza when closed off for certatn events, not just for a roadway The surroundtngs do not suggest an archttectural dtrectton whtch could be emulated The second set of boards dlustrates the ortentatton of the proposed Conventton Center on the stte, whtch ts sttll betng evaluated There ts a questton of ortenttng the bmldtng and tts matn access perpen&cular to the htghway or parallel to 19tn Street versus parallel to the highway In the final dtagram, the pubhc space has been shtfted and related to 19'h Street, however, the butldtng ts parallel to the htghway. Thts stttng ts sttll open At Parks Avenue, there ts a "shift in the grid" of the ortentatton whtch ts exemphfied tn the houstng development north of the htghway me&an, the arts center and other bmldmgs Thts shift must be understood as to whtch &rectton the butldtng must be ortented The next set of presentatton boards &splayed tnvolves the public space The questton of the drop offs (shuttle bus traffic, vtsttor cars, pedestrtan arrtvai, posstble hnkage from a stgnature hotel, emergency vehtcle and securtty person access) occurrmg tn the front of the butldtng was revtewed There ts a lot of movement Control of access must be answered tn the context of the pubhc space Four alternattves were revtewed (1) Pubhc space only being north of19th Street/drop-off comtng off ]9th Street tn front of the butldtng, (2) Crosstng ]9th Street, but sttll utthze the drop-off tn front of the butldtng, (3) Boulevard through 19~h Street, whtch began to reduce the wtdth of the street to the me&an and then cross agam (part of the ]9th Street Corrtdor study), and (4) more radtcal scheme wtth all the traffic movtng around the edge of the space This fourth alternative ts another option, but not recommended at thts potnt The small rectangular elements, deptcted on the tllustratton, are very tnternahzed and proposed to be small pavthon centers outside the Conventton Center Potentially an exhibitor could chose to occupy that Pavdton with an element of thetr matn exhtbttton tn the Conventton Center From an urban destgn potnt of view, thts provtdes a gdt edge rather than a sea of parktng lots These pavthons can also serve to be an orientation element, serving as an tnformatton ktosk These might also be made avatlable to the communtty for fund drtves At the tntersectton of 19tn Street and Parks Avenue, tt ts beheved there wtll be another archttectural structure, a symbol whtch marks the tntersectton tn some spectal manner stgntfytng arrtval at the Conventton Center complex and gateway to the pubhc space The access to the complex ts fatrly stratghtforward Thts can be cleaned up and separate the servtce stde from the pubhc side, which ts one of the prtmary goals of the project It ts obvtous at thtspotnt that IlYn Street becomes theprtmarypubhc access Boulevard to all future phases and the upcomtng phase of the Conventton Center The access to the Convention Center can be cleaned up and the servtce stde can be separated from the pubhc stde, whtch is one of the prtmary goals of th ts project Ithtnk tt ts obvtous that ]9th Street becomes the prtmary pubhc access Boulevard to all future phases and the upcomtng phase of the Conventton Center Another movement has to do wtth the trucks whtch brtng the exhtbtts and the products to the Conventton Center, a major concern At the present trine, SOM recommends the trucks come off Pavthon Drive to the west, move tnto the stte utthztng the zone behtnd the Conventton Center and return, back onto Pavthon Drive There ts ample dtmenston behtnd the Conventton Center for trucks to turn around tncludtng 75- and 80-foot semt trucks SOM ts planntng on essenttally clostng the servtce movement area (archttecturally shtelded from mew) Between this archttectural structure and the htghway wtll be a landscape buffer Mr Breslau &splayed a three dtmenstonal form dtagram of the butldtng areas An Exhtbttton Hall wtll be supported by the pubhc lobbtes, otherpubhc amentttes as restrooms, telephone servtce and the meeting rooms On the other stde wall be the loadtng docks wtth all utthttes March 12, 2002 -4- CITY M/INA GER 'S BRIEFING CONVENTION CENTER ITEM # 49393 (Continued) The ground floor deptcts the pubhc concourse runmng the full length, as opposed to betng wedged between space, a sertes of uttlity elements, support elements along one stde of the pubhc lobby, and the halls whtch connect to the Ballroom At ttmes the Ballroom can be utthzed for exhibitions It will not always be used for Ballroom purposes That conttnutty ts powerful wtth an tncredtble sense of expanston to the facthty The halls wtll be subdtvtded at a mmtmum tnto three modules Each wtll be supported by loachng docks off the back stde The Ballroom can also be subdtvtded tnto smaller modules and ts eqmpped with a massive kitchen and support facthty On the level above, the meettng rooms are chstrtbuted along the length of the enttre concourse As the halls are subdtvtded, the meettng rooms are also subchvtded There ts pubhc ctrculatton assoctated wtth the second level On the back side of the bmldtng ts addtttonal pubhc support for the halls and the three blue boxes deptcted represent food servtce areas The butldtng ts destgned to be flextble Above thts level ts a set of utthty systems The hall ts 240feet deep and almost three ttmes the stze of the current hall will be potenttally a clear span There will be no columns tn that space There will not be the undulating cethng whtch gets tn the way of exhtbttton space There will be a cethng and floor grtd A sertes of opentngs ts deptcted tn the second level, whtch represent actual opentngs tn the butldtng to the sky SOM ts tnterested tn bringing natural hght tnto the pubhc area Thts butldtng can expand tn a very rattonal manner whtch ts the goal ora good destgn for a Conventton Center Mr Breslau referenced the three (3) basic conceptional models of the Convention Center structure Fabric ortgtnally tnsptred by oceanfront condtttons and the harbor The tmphcattons of satl-hke forms were studted Thts ts a cable supported structure wtth a sertes of folded glass planes, tnterlockmg tn the same manner as satls The tower ts a symbohc marker of arrtval at a spectal place The tower (wtth a lookouO spans approxtmately 150feet (under the fltght zone requtremen0 The tower wtll also contatn the major boardroom for the Conventton Center Thts wtll be a spectal meettng room which could charge a higher premium for tts leasmg Thts tower ts hterally a "hghthouse " Platform The Coastal archttecture of the regton deptcts double porches (ground and second level) An extraordtnary metal roof plane ts the organtztng element of the enttre complex Thts ts a masstve structure wtth cantdevered edges Shctng through thts roof plane ts a lobby runmng the enttre length of the butldtng A tower emerges at the potnt of thejunctton between the ballroom end of the butldtng and the exhtbttton halls Thts ts a gtantporchfor the City, open and tnvtttng Vessel: Thts concept ts the hull ora vessel lytng tn the beach The lobby can be vtsuahzed as floating tn water Thts concept contatns all the prevtous elements hght wells, meetmg rooms marchtng down tts length The roof structure ts very expresstve dtfferenttattng one end of the butldmg from the other. The food servtce elements are emergtng out of the back of the butldtng There ts another structural element reachtng out over the loadmg docks and then enclostng them Thts ts a secondary structural system Wtthtn the curves, there ts a memory of the ortgtnal butldmg Mr Breslau referenced the combtmng of schemes and &splayed a conceptton contatntng the remnant of the vessel wtth a soft curvature, and the porch findtng tts way through the scheme Mr Breslau advtsed SOM has destgned many glass systems to rematn tn place durtng stgmficant wtnd loads The glass wtll stgntficantly contrtbute to hmtttng the tmpact of the sun Low E Glass ts a product used on every butldtng destgned by SOM The hght green ttnt coatmg ts vtstble The destgn of wtndow washtng systems ts always apart of a matntenance system The tracks for the wtndow washtng system wtll be butlt-tn Although more expenstve, there ts the optton for automated wtndow washers (the butldtng cleans ttselJ) Relattve the practtcahty of leavtng the theater tn place, tt wtll tn the end be factng the wrong way The lobby of the theatre wtll be overlooktng the loadtng dock whtle the rest of the Conventton Center wtll be correctly orgamzed I, Vtth the creatton of the new Conventton Center, the existing central plants wtll be shut down over ttme and all new uttltty, mechantcal and electrtcal systems wtll have to be attached to the theatre Thts wtll result tn stgntficant cost The thtrd challenge wtll be the pubhc access to the theatre If left tn place, thts wouM be an "eyesore" and the look wouM be tnstantly dated March 12, 2002 -5- CITY MANA GER 'S BRIEFING CONVENTION CENTER ITEM # 49393 (Continued) Mr Breslau advised the space south of 19tn Street ts for anticipated growth tn the future The conventton centers conttnue to grow To accommodate all of the growth, structured parktng sttes wtil have to be butlt around the stte Concermng constructton of a theater south of 19tn Street, the Ctty ts undertaktng an extenstve taktng of property tn thts area and tn that process there may be sttes that wouM accommodate a theatre Mr Breslau would not recommend butldtng tt tn the general area of the Conventton Center Theaters generally do not belong tn or near Convention Centers They tend to conflict The posttton of the theatre does not alter tts cost It does become more dtfficult for all four phases of the Conventton Center to communtcate if they are further apart Mr Rtcketts advtsed there ts an optton for the Town Center to utthze the "hght garden "sculpture from the Pavthon The Ctty Manager advtsed the presentatton by Theatre Projects Consultants and Webb Management Services relattve stze, cost opttons and operatmgpro forma for the performtng arts theatre ts scheduled for the Aprtl 2, 2002, Ctty Counctl Sesston Thts presentatton wtll encompass a range of opttons The proposed Resource Management Plan will contain a Capttat Improvement Program sheet on the theatre, outhntng the locatton and budget approved Hopefully by the mtddle of May, all these tssues wtil be constdered and a chrectton on the theatre provtded Btlly Almond, represented Chatrman Rob Goodman - Convention Steertng Commtttee, and advtsed of thetr support for thts project concept Mr Almond, a member of the Resort Advtsory Commission -Destgn Revtew Commtttee, stated SOM ts a firm whtch ts comprtsed of some of the best archttects and destgners tn the Country The Commtttee concurs wtth the destgns SOMts a worldclass archttectural firm The tmage is spectacular and would be an tcon for the Ctty The destgns are extremely conceptual Concern was expressed relattve the cables utthzed and gotngfrom a Quonset hut to a scaffold look Mr Breslau concurred refinement ts necessary and SOM has a year to destgn the butldtng SOM wtil not submtt proposals the Ctty Counctl cannot afford At the end of the schemattc destgn, the esttmators wtil prtce the optton (approxtmately 10 weeks) Mayor Oberndorf advtsed thts ts a Twenty-first/Twenty-second Century bmldmg and resembles an edifice The Mayor compared tt to the Central Ltbrary wtth masstve spans of glass opentng the hbrary to the sun March 12, 2002 -6- AGENDA RE VIE W SESSION 5:17 P.M. ITEM # 49394 BY CONSENSUS, the foIlowtng shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTION I 1. Ordtnance to AMEND andREORDAIN3~ 10-1 of the Ctty Code to Move the polhng place for the Capps Shop Prectnct from the ' ' ........ '~ ....... ' "---' J .... Bay bly ~v,~,~,,,,~, ,~,,,,, ~,, ,.,,,,,,,,,~; to Back Christian Assem at 1196 Prtncess Anne Road b Close the Htlltop Prectnct at '~- - -' °'- --' .... -' '-'~' ....... '~' ...... " Modtfy the boundaries for the Oceana, Ltnkhorn, Eastern Shore, South Beach, North Beach, Bellamy and Round Hill voting precincts 12 Ordtnance to ACCEPT and APPROPRIATE $12,826from the Federal Government to the FY 2001-02 operating budget of the Soctal Servtces Department re enhancement of adoption-related services 13 Or&nance to AUTHORIZE the Ctty Manager to execute a Deed of Release and Exchange re an agricultural land preservation easement owned by Mddred C Furlough on In&an Creek Road 14 Resolutton to AUTHORIZE the Ctty Manager to stgn a Memorandum of Agreement to tmprove the wetlands compensation process tn the Southern Watershed Area Management program (SWAMP) March 12, 2002 -7- AGENDA RE VIE W SESSION ITEM # 49395 J1 Apphcatton of COLONEL WILLIAM H. and JO A. GALL UP for an enlargement/conversion of a nonconforming use and add an ad&tton, enclose the deck and shed wtth a second floor ad&tton to the structure at 304 45th Street, contatnmg 6,477 5 square feet (BEA CH - DISTRICT 6) Attorney Edward Bourdon requested a DEFERRAL until the Ctty Counctl Sesston of Aprtl 9, 2002 The North gtrgtnta Beach Ctvtc League has also requested a WITHDRAWAL. ITEM # 49396 J 2 Apphcatton of WOODFINHEA TING, INC.,for a Con&ttonal Use Permit for an automobile service station on the east side of First Colontal Road, north of Vtrgmta Beach Boulevard, contamtng 41, 817 6 square feet (BEACH- DISTRICT 6) The applicant's attorney, R d Nutter, ts requesttng wtthdrawal ITEM # 4939 7 J 3 Apphcatton of TYSINGER MOTORSPORTS, L.L.C., a Vtrgtnta hmtted habthty company, for a Con&ttonal Use Permtt re a small engine repair estabhshment (motorcycles) on the south stde of Vtrgtnta Beach Boulevard, east of Fart Meadows Road (5503 Vtrgmta Beach Boulevard), containtng 0 9392 acres (KEMPSV[LLE - DISTRICT 2) Councdman Man&go referenced the addttton of Con&tion 9 The extsttng contatner on the rear of the stte shall be removed Counctl Lady Parker expressed concern relattve the excesstve norse of motorcycle engtnes Counctlman Man&go advtsed the metal butl&ng stts on the north end of the lot and the only buffer are ptne trees which wtll eventually grow and may muffle the norse, however, all repatrs must be accomphshed wtthm the bmldmg Stephen Whtte, Planntng, advtsed repairs must be performed wtthtn the butldtng whtch ts located tn the northern portion of the parcel, adjacent to Virginia Beach Boulevard This is a long &stance between the butl&ng and the houstng ITEM # 49398 Apphcatton of ARACELI G. DIAZ and VICTORIA GUMAPAS for a Condmonal Use Permtt re housing for seniors and disabledpersons on Lot 27, Block L, Fox Run, Sectton Two (901 Marlborough Ctrcle), containing 10,360 square feet ( KEMPSVILLE - DISTRICT 2) Councdman Man&go advtsed he had recetved concerns from ctttzens Thts ttem wdl be &scussed durtng FORMAL SESSION March 12, 2002 -8- AGENDA RE VIE W SESSION ITEM ii 49399 BY CONSENSUS, the followtng shall compose the PLANNING B Y CONSENT AGENDA: JI J2 J3 Apphcatton of COLONEL WILLIAM H. and JO A. GALLUP for an enlargement/conversion of a nonconforming use and add an addttton, enclose the deck and shed wtth a second floor addttton to the structure at 304 45th Street, contatntng 6,477 5 square feet (BEA CH - DISTRICT 6) Apphcatton of WOODFIN HEA TING, INC., for a Con&tional Use Permtt for an automobile service station on the east side of Ftrst Colomal Road, north of Vtrgmta Beach Boulevard, containing 41, 817 6 square feet (BEA CH- DISTRICT 6) Apphcatton of TYSINGER MOTORSPORTS, L.L.C., a Vtrgtma hmtted habdtty company, for a Conchttonal Use Permtt re a small engine repair estabhshment (motorcycles) on the south side of Vtrgtnta Beach Boulevard, east of Fart Meadows Road (5503 Vtrgmta Beach Boulevard), contammg 0 9392 acres (KEMPSVILLE - DISTRICT 2) J 4 Apphcatton of CENTRAL PARK ASSOCIATES, L.L.C., for a Change of Zomng Dtstrtct Classtficatton from R- 7.5 Residential to Conditional B-2 Community Business re property on the south side of Bonney Road, east of Wttchduck Road (5129 Bonney Road), contatmng 4 acres ( KEMPSVILLE- DISTRICT 2) Item J 1 will be DEFERRED, BY CONSENT, untd the Ctty Councd Sesston of Aprd 9, 2002 Item J 2 wdl be WITHDRAWN, BY CONSENT March 12, 2002 -9- CITY COUNCIL COMMENTS 5:24 P.M. ITEM # 49400 Vtce Mayor Sessoms advtsed he and Counctl Lady Parker, represent the Ct0~ on the Hampton Roads Transportation District (HRT). The year-end audtt has sttll not been obtatned Vtce Mayor Sessoms ts hopeful to recetve a prehmtnary cost durmg the HRTMeettng at 9:30A.M. on March 13, 2002. It appears there wtll be a defictt of approxtmately SI-MILLION for the enttre membershtp of HRT The Ctty's cost would amount to approxtmately $260,000, wtth Norfolk's cost bemg about $600,000. Addtttonally, this would have an tmpact on the current budget The Ctty staff, and outside consultants have been involved tn an attempt to solve thts problem Vice Mayor Sessoms has requested Patrtcta Phtlhps, Dtrector of Ftnance, or Steven T Thompson, Chtef Ftnanctal Officer, attend to asstst Vtce Mayor Sessoms Councd Lady Eure tnqutred tf HRT ts constdermg any evaluation of management Vtce Mayor Sessoms advtsed he will confer wtth Counctl Lady Eure relattve this concept The Mayor and Counctl Members expressed confidence tn the excellent performance of Vtce Mayor Sessoms and Counctl Lady Parker Mayor Oberndorf also comphmented the tncre&ble staff of the Ctty Manager, Patrtcta Phtlhps, and Dale Castellow, Transportatton Planntng Co-Ordtnator Counctlman Branch stated that stnce locahttes, by law, must have balanced budgets, how does the HRT defictt effect the Ct0~ and the habthty of the Commtsston members? Vtce Mayor Sessoms has requested Attorney Don Clark advtse the Commtsston re the responstbthty of Counctl Lady Parker and himself The Ctty Attorney advtsed every pubhc agency tn the Commonwealth ts reqmred to have a balanced budget, however, he has not revtewed thts law tn the context of the HRT deficit The Ctty Attorney wtll have to revtew the provtstons of HRT's charter Attorney Clark ts the counsel for HRT. Counctl Lady Henley requested an adjustment to the appointment pohcy allowtng Vtce Mayor Sessoms and Counctl Lady Parker to conttnue their servtce on this Board Thts Board needs expertence One of HRT's problems has been very mexpertenced membership Council Lady Parker advised Vice Mayor Sessoms ts scheduled to be the Chatrman next year ITEM # 49401 Council Members McClanan and Wdson are the appotnttve agency Ltatsons for the review of the Boards and Commtsstons Counctl Lady Wtlson &strtbuted a statement offive goals to be constdered for the future efficiency of the Boards and Commissions Councd Members McClanan and Wilson requested City Counctl revtew and advtse ITEM # 49402 Mayor Oberndorf referenced the request of Old Dominion University President Roseann Runte for the Mayor and Ctty Counctl's presence for breakfast or lunch and a presentatton on ODU'S eagerly awatted developments on thetr campus 2002 wtlI feature the grand openmg of the 8, 600-seat Constant Convocatton Center and the tnnovattve M,4GLEV transportatton system connecttng the matn campus to the Constant Center They have recently broken round for their new Engtneertng and Computational Sctences bmldtng with another groundbreaktngfor the Phystcal Sctences wmg of the Oceanography and Phystcs butldtng tn the very near future Mayor Oberndorf advtsed the Ct0~ Clerk had forwarded correspondence requesting Ct0/ Counctl's consensus of dates Aprtl 30~May 15~May 16 ITEM # 49403 Mayor Oberndorf advtsed the US Conference of Mayors requested former Governor Thomas Rtdge and the White House star to prepare a system relative warntngs of terrorists threats Governor Rtdge- Secretary of Homeland Securtty for the Prestdent has devtsed the "green ", "blue", "red" concept of response representmg varying degrees of seriousness C Oral Lambert, Chief Operating Officer, has requested Ftre Chtef Cade to contact all Ct0~ Departments to devtse a chsaster plan tn thts locahty March 12, 2002 - 10- CITY COUNCIL COMMENTS ITEM # 49404 Mayor Oberndorf advtsed the squadrons on the USS Kennedy were from Oceana. Ctttzens should remember that the servtcemen and women are Volunteers as there ts no DRAFT These men and women are volunteertng to matntatn our democracy and freedom Our thoughts and prayers wtll be wtth them and thetr famthes ITEM # 49405 Mayor Oberndorf referenced the Randall Arendt Presentation on Thursday, ~4prtl 11, 2002, 9 O0,4 M to 12'00 Noon Mr Arendt wtll be speaktng on the "Principles of Rural Design". Counctl Lady McClanan suggested thts Presentatton be taped as some Counctl Members may haveprevtous commttments and be unable to attend March 12, 2002 -11- ITEM # 49406 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, March 12, 2002, at 5 43 PM Counctl Members Present. Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M. Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Wtlham D Sessoms, Jr and Rosemary Wilson Council Members Absent None March 12, 2002 - 12- ITEM it 4940 7 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Vtrgmta, as amended, for the followmg purpose PERSONNEL MA ITERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, &sctplintng, or restgnatton of specific pubhc officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Appotntments Boards and Commtsstons Shore Drtve Advtsory Commtttee Ttdewater Regtonal Group Home Commtsston PUBLICLY-HELD PROPERTY. Dtscusston or constderatton of the acqmsttton of real property for a pubhc purpose, or of the &sposttton of pubhcly-held real property, where &scusston tn an open meettng would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Acqutsttton of Property - Lynnhaven Dtstrtct Upon motton by Councdman Branch, seconded by Vtce Mayor Sessoms, Ctty Council voted to proceed tnto CLOSED SESSION. Voting 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent' Vtce Mayor Wtlham D Sessoms, Jr (Time of Closed Session: 5:45 P.M. to 6:13 P.M.) The Ctty Attorney advtsed Mayor Oberndorf relattve the Vtce Mayor's request to add HRT under PERSONNEL, the Attorney General has ruled that unless you are the appotnted body, you cannot go tnto Closed Sesston relattve thts subject Vtce Mayor Sessoms beheved he could respond to the tn&vtdual Counctl Members. March 12, 2002 - 13- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL March 12, 2002 6:14 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Budding, on Tuesday, March 12, 2002, at 6 14 P M Councd Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, dr Counctl Members Absent None INVOCATION Reverend Joseph Stalhngs, ,Ir Ctty of Refuge Chrtsttan Church of Vtrgtnta Beach PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, esther tnchvtdually or tn hts capactty as an officer of Wachovta Bank whtch recently merged wtth Ftrst Unton Nattonal Bank The Vtce Mayor regularly makes thts Disclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl l/'tce Mayor Sessoms' letter February 5, 2002, ss hereby made apart of the record March 12, 2002 Rem ~E - 14- CER TIFICA TION OF CLOSED SESSION ITEM # 49408 Upon moaon by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were chscussed tn Closed Sesston to whtch thts certtficatton resolution 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 Councd Vottng 11-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandigo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None March 12, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Vlrgima Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded ~n ITEM ii 49407, page 12, and in accordance with the prowslons of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3711(A) of the Code of V~rg~ma requires a certification by the governing body that such Closed Session was conducted ~n conformity w~th V~rg~ma law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Coullcll hereby certifies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed ~n Closed Session to which this certification resolution apphes; and, (b) only such pubhc bus~ness matters as were identified m the motion convemng this Closed Session were heard, discussed or considered by Vlrglma Beach City Council. ~d~th Hodge~ Smith, MMC City Clerk March 12, 2002 Item I/-F. 1. - 15- MINUTES ITEM # 49409 Upon motton by Councd Lady Parker, seconded by Councdman Man&go, Ctty Councd APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of March 5, 2002 Vottng 10-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Robert C Man&go, Jr, Nancy K Parker and Rosemary' Wdson Councd Members Vottng Nay None Councd Members Abstatmng Vtce Mayor Wdham D Sessoms, Jr Councd Members Absent None Vtce Mayor Sessoms ABSTAINED as he was not tn attendance durtng the Ctty Councd Session of March 12, 2002 March 12, 2002 Item V-G. 1. - 16- ADOPT AGENDA FOR FORMAL SESSION ITEM it 49410 BY CONSENSUS, Ctty Councd ADOPTED: AGENDA FOR THE FORMAL SESSION March 12, 2002 -17- Item V-H. l. afo/c PUBLIC HEARING ITEM # 49411 Mayor Oberndorf DECLARED A PUBLIC HEARING ELECTION DIS TRICT PRECINCT CHANGES: tr Establish a new polling place for the Capps Shop voting precinct b. Close the Hilltop voting precinct c. Modify the boundaries for the Oceana, Linkhorn, Eastern Shore, South Beach, North Beach, Bellamy, and Round Hill voting precincts There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING March 12, 2002 - 18- Item V-I. ORDINANCES/RES OL UTION ITEM # 49412 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl APPROVED IN ONE MOTION, Or&nances/Resolutton la/b c, 2, 3, and 4 of the CONSENT AGENDA. Vottng 11-0 (By Consent) Councd Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None March 12, 2002 Item V-I. l. afo/c - 19- ORDINANCES/RES OL UTION ITEM # 49413 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrtson, Ctty Councd ADOPTED: Ordtnance to AMEND and REORDAIN ~ I0-1 of the City Code to Move the polhng place for the Capps Shop Prectnct from the Moaqiiito '~ ....... ' .... '-' .... ,~o,,,, ~,, .,,,,,,,,,,~; to Back Bay Christian Assembly at 1196 Prtncess Anne Road b Close the Hilltop Prectnctm~t Good Sliepheid Latheiaii Cliiirch Mo&fy the boundartes for the Oceana, Ltnkhorn, Eastern Shore, South Beach, North Beach, Bellamy and Round Hdl vottng prectncts Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr., Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Counctl Members Vottng Nay None Councd Members Absent None March 12, 2002 AN ORDINANCE TO AMEND AND REORDAIN CITY CODE ~ 10-1 BY MOVING THE POLLING PLACE FOR THE CAPPS SHOP PRECINCT, CLOSING THE HILLTOP PRECINCT, AND CHANGING THE BOUNDARY LINES FOR OCEANA, LINKHORN, EASTERN SHORE, SOUTH BEACH, NORTH BEACH, BELLAMY AND ROUND HILL PRECINCTS SECTION AMENDED: ~ 10-1 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' 12 That Section 10-1 of the City Code is hereby amended and 13 reordained to read as follows- 14 Sec. 10-1. Establishment of precmncts and polling places. 15 There are hereby established in the city the following precincts 16 and their respective polling places, as set forth below' 17 Precinct Polling Place 18 Alanton Alanton Elementary School 19 Aragona Kemps Landing Magnet School 20 Arrowhead 21 Baker Arrowhead Elementary School Heritage United Methodist Church 22 Bayside 23 Bellamy 24 Blackwater Bayside Elementary School Salem Middle School Blackwater Fire Station 25 Bonney 26 Brandon Center for Effective Learning Brandon Middle School 27 Brookwood Brookwood Elementary School 28 Buckner 29 Cape Henry 30 31 32 Capps Shop 33 Holy Spirit Catholic Church Research and Enlightenment_ Building (Edgar Cayce Library) ~.~. ~-~usquito Control Bui~=~-'in? Back Bay Christian Assembly 34 Centerville Centerv~lle Elementary School 35 Chesapeake Beach Bayside Baptist Church 36 College Park College Park Elementary School 37 Colonial Colonial Baptist Church 38 Colony Lynnhaven Colony Congregational Church 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Courthouse Creeds Culver Dahlia Davis Corner Eastern Shore Edinburgh Fairfield Foxfire Glenwood Great Neck Green Run nil~ Holland Homestead Hunt Indian Lakes Kings Grant Kingston Lake Smith Landstown Larkspur Linkhorn London Bridge Lynnhaven Magic Hollow Malibu Mt. Trashmore North Beach Ocean Lakes Ocean Park Courthouse Fire Station Creeds Fire Station Ocean Lakes High School Green Run High School Bettie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Fairfmeld Elementary School Princess Anne Middle School Glenwood Elementary School Ail Saints Episcopal Church Green Run Elementary School Holland Elementary School Providence Presbyterian Church Princess Anne Recreatzon Center Indian Lakes Elementary School St. Nicholas Catholic Church Kingston Elementary School Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Virginia Beach Community Chapel London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Windsor Woods Elementary School First Baptist Church of Virginia Beach Ocean Lakes Elementary School Bayside Christian Church 70 Oceana Scott Memorial United Methodist Church 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Old Donation Pembroke Plaza Point O'View Providence Red Wing Rosemont Forest Roundhill Rudee Salem Seatack Shannon Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Thal~a Thoroughgood Tmmberlake Trantwood V~llage Windsor Oaks Witchduck Wolfsnare Woodstock Central Absentee Voter Precinct Old Donation Center for G~fted Pembroke Elementary School Lynnhaven Elementary School Kempsville Church of Christ Kempsv~lle Recreation Center Seatack Elementary School Rosemont Forest Elementary School Salem H~gh School V~rgin~a Beach Volunteer Rescue Squad Building Salem United Methodist Church Seatack Community Recreatzon Center Church of the Ascension Unity Church of T~dewater Shelton Park Elementary St. Matthews Catholic Church St. John the Apostle Catholic Church Contemporary Art Center of V~rg~nla Providence Elementary School Strawbr~dge Elementary School Thalia Elementary School Independence Middle School Whmte Oaks Elementary School V~rginia Beach Christian Church Thal~a Lynn Baptist Church Windsor Oaks Elementary School Bays~de Presbyterian Church Virginia Beach Christian Life Center Avalon Church of Christ Agriculture/Voter Registrar Building 103 BE IT FURTHER ORDAINED: 104 That the following precinct boundary changes, as descrmbed 105 below and set forth mn greater detail in the maps labeled 106 "Precinct Boundary Changes" filed wroth the City Clerk on March 107 5, 2002, are hereby approved: 108 Precinct Name Change 109 (a) Hilltop 110 Precinct closed, splzt between Oceana and Linkhorn precincts. 111 (b) Oceana 112 Northern boundary moved to take part of old Hilltop precinct. 113 114 (c) Linkhorn Western boundary moved to pick up part of old Hilltop precinct. 115 116 117 (d) Eastern shore Eastern boundary moved to absorb western half of existzng Oceana precinct. 118 119 120 (e) North Beach Southern boundary extended to pick up territory of existmng Seuth Beach precinct. 121 122 123 (f) South Beach Western boundary moved to absorb part of existmng Linkhorn precinct. 124 125 126 127 (g) Bellamy Southeastern corner moved to Round H~ll precinct. 128 129 Adopted by the City Council of the City of Virginma Beach, Virgmnia, on this 12th day of March , 2002. CA-8410 DATA/ORDIN/PROPOSED/10-1 Hilltop.ord R3 March 4, 2002 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: hity At~torne~7~ 'Of'~ice Item V-I.2. - 20 - ORDINANCES/RES OL UTION ITEM # 49414 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED: Or&nance to ACCEPT and APPROPRIATE $12,826from the Federal Government to the FY 2001-02 operattng budget of the Soctal Servtces Department re enhancement of adoption-related services Vottng' 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None March 12, 2002 Ai~ ORDINANCE TO ACCEPT AND APPROPRIATE $12,826 IN ADOPTION INCENTIVE FUNDS FROM THE FEDERAL GOVERNMENT TO THE FY 2001-02 OPERATING BUDGET OF THE DEPARTMENT OF SOCIAL SERVICES TO ENHANCE ITS ADOPTION-RELATED SERVICES 10 11 12 13 14 15 16 17 18 WHEREAS, the Federal Adoption and Safe Fammlmes Act of 1997 authorizes adoption bonuses for states that increase the number of foster children who are adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL (DF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $12,826 mn adoption incentive funds from the Federal Government ms hereby accepted and appropriated to the FY 2001-02 Operating Budget of the Department of Social Services to enhance the Department's adoption-related services. 2. That estmmated revenue from the Federal Government mn the FY 2001-02 Operatmng Budget is hereby increased by $12,826. 19 20 Adopted by the Councml of the Czty of Virginia Beach, Virginia, on the 12th day of March , 2002. 21 Requires an affirmative vote by a majority of the members of C~ty Council 22 23 24 25 CA-8420 Ordin/Noncode/Incentiveord.wpd R-1 March 1, 2002 26 27 28 29 Approved As to Content: Management Services / Approved As To Legal Sufficiency: m~tm~e'n~/~ DATE: April 6, 2001 TO: Local Departments of Social Services Directors, Foster Care and Adoption Staff, Regional Foster Care and Adoption Consultants FROM: Brenda Kerr, Adoption Program Manager SUBJECT: Adoption Incentive Funds and OASIS Issues CONTACT: Brenda Kerr (804) 692-1290. Bik2~ds.s. state..va.us GOOD NEWS! VIRGINIA HAS RECEIVED ADOPTION INCENTIVE FUNDS FOR FISCAL YEAR 1999. Adoption Incentive Funds The Adoption and Safe Families Act of 1997 authorizes adoption bonuses for states that increase the number of foster care children who are adopted. To draw down these federal funds, Virginia had to establish preliminary baseline data on the number of adoptions for fiscal year 1997. The baseline was determined by averaging the number of children leaving care through adopbon for fiscal years 1995, 1996, and 1997. Virginia's 1997 baseline was 298 children. For each adoption in 1998 over the baseline, Virginia would have received $4,000 per child plus an additional $2,000 if the child adopted was receiving Title IV-E adoption assistance. To receive the adoption incentive funds, stabstical data ~s submitted to the federal government through our AFCARS semi-annual submissions. Virginia did not receive adoption incentive funds for fiscal year 1998 because the adoption reformation required for incentive funds was not entered into OASIS. Our adoption rate was also under-reported in 1999. However, the federal government was aware of the fact that adoptions in Virginia were increasing although our AFCARS submissions did not reflect an increase. The federal government advised that we could re-submit the 1999 AFCARS data. Consequently, we completed a data run from ARRIS to identify those children who had a final order of adoptio.n entered in fiscal year 1999. ARRIS is another computerized information system but data is entered exclusively by central office staff on all adoption petitions filed in Virginia. ARRIS provides broader information on children adopted in Virginia but includes those children who were adopted from the foster care system. The ARRIS printout, which showed the number of final orders of adoption for children in public agency custody, was compared with a listing of children in OASIS. In some cases, the children had a Post-It' Fax Note 7671 co ( ~ case ~n OASIS but suffi~ent ~nformation had not been entered to meet the AFCARS requirements. In other cases, there was not an OASIS case. With the help of staff from OASIS, local workers were contacted and willingly agreed to enter the critical information for those children who had a case record in OASIS. For the remaining cases, an OASIS case was created here in central office and the required information was entered by central office. As a result of this effort, Virginia showed an increase in the number of children adopted in 1999 over the 1997 baseline. Adoption Incentive Funds in the amount of $212,000 have been awarded. Following is a list of the agencies that increased their adoptions in 1999 and the amount of money awarded to each agency. The money that is allocated must be spent on adoption services. The money will be available through the LASER financial system. I would like to take this opportunity to thank all of you for the efforts you are making to increase the number of children in foster care achieving the permanency goal of adoption You are doing a great job and your efforts need to be recognized and rewarded! Fiscal Year 2000 Your efforts cannot be recognized if the critical information is not entered into OASIS in a timely manner. Although the federal government gave us a chance to correct our 1999 data, it is not likely that we will get this chance for the 2000 data. A preliminary review of data from ARRIS indicates that Virginia might be eligible for adoption incenbve funds for 2000. A list of adoption cases in OASIS with a finalized date of 10/1-99-9/31/00 will be sent to each agency. Please check your cases to be sure they have all the critical data elements completed and to be sure you have entered all finalized adoption cases. The following data elements in the adoption file must be entered by the local worker for the determination of incentive payments: Date adoption finalized (Workload/Adopt/General Information/date adoption finalized) Child placed from - must show either within State or within locality (Workload/Adopt/General Information/child placed from) Child was placed by- must show public agency (Workload/Adopt/General Information/child placed by) Is the child eligible for title IV-E adoption assistance (Workload/Adopt/Subsidy) Please make sure that all adoption finalized in federal fiscal year 2000 (October 1, 1999- September 31, 2000) are entered into OASIS The necessary information can be entered on cases that have already been closed The information must be entered before April 30, 2001 for all cases that have a final order of adoption. Be sure that you re-open the adoption case and not the foster care case. The closed case will no longer be available from the worker's workload so a search must be completed. From the Workload dialog box, chck on case & Ex~sting, then search from the case search box. Enter the last name of the family and choose your locality, click on OK When results occur, h~ghlight the case and click on show Click on the summary screen and click on the reopen button. The assign/transfer screen appears. Click on new, choose the appropriate unit and worker, complete the summary box (reopen to complete AFCARS fields), and click on OK This defaults to update case type history box, which will show adoption and the current date. Click on cancel; click on the Adopt button and complete screens as needed. The case should then be closed with the reason from the pick list of "re-opened existing". Thanks again for all the hard work on getting children permanent homes through adoption. It is my hope that we can continue to increase the number of children who achieve adoption and if we continue to work collaboratively, that hope can be a real possibility. Name of Agency Number of Adoptions Over Last Year Percent of Adoptions Adoption Incentive Awards $212,000 001 003 013 015 019 027 031 041 043 047 051 O53 059 061 065 067 069 073 O87 089 105 107 109 117 121 135 143 153 155 159 161 163 167 169 177 179 185 193 195 199 510 52O 530 550 Accomack Albemarle Arlington Augusta Bedford County Buchanan Campbell Chesterfield Clarke Culpeper Dickenson Dinwiddie Fairfax County Fauquier Fluvanna Franklin County Frederick Gloucester Henrico Henry Lee Loudoun Louisa Mecklenburg Montgomery Nottoway Pittsylvania Prince William Pulaski Richmond County Roanoke County Rockingham Russell Scott Spotsylvania Stafford Tazewell Westmoreland Wise York Alexandria Bristol Buena Vista Chesal3eake 2 6 10 2 2 1 5 9 t 4 1 3 19 3 3 1 7 3 1 1 1 9 2 1 4 3 3 11 1 1 1 5 1 2 2 3 2 1 2 5 12 1 1 5 0.71% 2.14% 3.56% 0 71% 0.71% 0.36% 1.78% 3.20% 0.36% 1.42% 0.36% 1 07% 6.76% I 07% 1.07% 0.36% 2.49% 1.07% 0.36% 0.36% 0.36% 3.20% 0.71% 0.36% 1.42% 1.07% 1.07% 3.91% 0.36% 0.36% 0.36% 1.78% 0.36% 0.71% 0.71% 1.07% 0.71% 0.36% 0.71% 1.78% 0.00% 4.27% 0.36% 0.36% 1.78% $1,509 4,527 7,544 1,5Q9 1,509 754 3,772 6,790 754 3,018 754 2,263 14,335 2,263 2,263 754 5,281 2,263 754 754 754 6,790 1,509 754 3,018 2,263 2,263 8,299 754 754 754 3,772 754 1,509 1,509 2,263 1,5O9 754 1,509 3,772 g,053 754 754 3,772 5g0 595 630 640 650 660 670 68O 700 710 720 730 740 760 77O 8OO 810 820 84O Danville Emporia Fredericksburg Galax Hampton Harrisonburg Hopewell Lynchburg Newport News Norfolk Norton Petersburg Portsmouth Richmond City Roanoke City Suffolk Virginia Beach Waynesboro Winchester State Office 8 1 3 2 3 2 1 6 16 4 1 3 6 19 2O 4 17 1 1 281 2.85% 0.36% 1.07% 0.71% 1.07% 0 71% 0.36% 2.14% 5.69% 1.42% 0.36% 1.07% 2.14% 6 76% 7.12% 1.42% 6.05% 0.36% 0.36% 0.00% 87.54% 6,036 754 2,263 1,50g 2,263 1,509 754 4,527 12,071 3,018 754 2,263 4,527 14,335 15,089 3.018 12,826 754 212,000 TOTAL P.OS Item V-I.3. - 21 - ORDINANCES/RES OL UTION ITEM # 49414 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE the Ctty Manager to execute a Deed of Release and Exchange re an agricultural land preservation easement owned by Mtldred C Furlough on In&an Creek Road Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdliam W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent None March 12, 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 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF RELEASE AND EXCHANGE PERTAINING TO AN AGRICULTURAL LANDS PRESERVATION EASEMENT LOCATED ON LAND OF MILDRED C. FURLOUGH WHEREAS, on, the City of Virginia Beach (hereinafter "the City") and Mildred C. Furlough (hereinafter "Furlough") entered into Installment Purchase Agreement Number 2000-28, ~Thereby the City acquired an Agricultural Lands Preservation Easement (hereinafter "Preservation Easement") upon certain property owned by Furlough; and WHEREAS, as part of the aforesaid transaction, Furlough reserved for future development a portion of property having an area of 3.000 acres, more or less, such that the Preservation Easement does not encumber the reserved area; and WHEREAS, Furlough desires to exchange an area of land not encumbered by the Preservation Easement for an equal area of land which is to be encumbered by the Preservation Easement, as shown on the attached "Exhibit Plat Showing Amended Easement Exceptions on a Portion of Property of Mildred C. Furlough," dated November 7, 2001, and prepared by Jeffrey D. Williams, Land Surveyor; and WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance ("hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a Preservation Easement ~n exchange for the conveyance to the city of a Preservation Easement on a d~fferent portion of the landowner's property, under certain conditions set forth in the Ordinance; and WHEREAS, the Ordinance provides that the City Council shall approve such an exchange ~f ~t makes certain findings enumerated in the Ordinance; and 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 to-wit · WHEREAS, the City Council does hereby make such findings, (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing tke purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of the elzgzbllity requmrements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservatmon Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That subject to the determination of the C~ty Attorney that there are no defects ~n title to the property to be placed under the Preservation Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the C~ty's interests, the City Manager be, and hereby is, authorized and directed to execute a Deed of Release and Exchange pursuant to which the C~ty releases the existing Preservation Easement on a portion of the property, as shown on the aforesaid survey, and acqumres, in exchange therefor, land equal ~n area to be placed under the Preservation Easement, as shown on such survey. 66 67 Adopted by the City Council of the City of Virginia Beach, Virginia, on thlsl2th day of March , 2002. 0A-8379 wmm~ordres ~ furloughexchange, ord March 1, 2002 R-1 APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY' ~- c5 ~ ~5 d z o >~ o ~ 0 Ld Ld Z ,--- -0 ~i:::: I~ Z <C ,.~ ,--z ~-~ ,---<z o ~ Ld LU LU LU LJ :~1:1_ ~ ...... L~ --- ~.~X~'O~. .... ANE coORDIN. ~,~ C.)z bo o o o o ~%":' *~"x-"d" VIRGINI .., .o S , / . '~ . .'-- m ~ o 0a 1,, X, \ - x , .,.,e" ' \. ' ~'~ (9 '- x ~ ' z~,4~, o /I. // ~ xx o lox x , x \ \ x - <;;5',' ,, ~ x x x, ,--.,e~o ,, ?p 1/ m ~ I ~dz: \ \ \\ '. , \ X' ..v> \~×,-.x, \ x \ 'e -~x x \m. /, o .,-- o 0 ",h r'0.~~,I ,.,_,o I~_ -J ~- 0 o % o ~u.~ z Z ...J Q_ 0 0 'r-- Z C~ o · II IIII II II ]1 IILI I I i Item V-I.4. - 22 - ORDINANCES/RES OL UTION ITEM # 49415 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED: Resolutton to AUTHORIZE the Ctty Manager to sign a Memorandum of Agreement to tmprove the wetlands compensation process tn the Southern Watershed Area Management program (SWAMP) Voting 11-0 (By Consent) Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None March 12, 2002 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN THE MEMORANDUM OF AGREEMENT TO IMPROVE THE WETLANDS COMPENSATION PROCESS 15 17 2O 2! 24 27 29 3O 3! 32 33 WHEREAS, the Cities of Chesapeake, Virginia Beach, the Hampton Roads Planning District Commission and the Virginia Coastal Program are currently participating in the Southern Watershed Area Management Program (SWAMP); WHEREAS, the SWAMP program is intended to enhance management of the significant natural resources in the Southern Watershed Area of Chesapeake and Virginia Beach while accommodating the commercial and residential development needs of the two cities; WHEREAS, the goals of the Memorandum of Agreement are to improve coordination and sharing of information among the agencies involved in the wetlands mitigation process in the Southern Watershed Area, to continue refinement of the conservation corridor system for the Southern Watershed Area, particularly as mt pertains to the identification of multiple benefits sites to be used for compensation for wetlands impacts, to continue to refine a coordinated process for the selection of multiple benefmt sites for compensation of wetland impacts, and to voluntarily employ the shared methodology when selecting compensation sites for wetlands impacts that simultaneously achieve multiple benefmts while complying with the existing regulations and maintaining local land use control; and WHEREAS, the City of Virginia Beach shall also participate as a member of the Multiple Benefits Conservation Plan Technical Advisory Committee (TAC), who will provide the organizational structure to implement the Memorandum of Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager ms hereby authorized and d~rected to execute, on behalf of the City of Virginia Beach, the Memorandum 34 35 of Agreement to Improve the Wetlands Compensation Process, a true copy of which is hereto attached. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of March, 2002. 38 39 40 41 CA-8419 bkw/work/moa, wpd R-1 February 27, 2002 42 43 44 APPROVED AS TO CONTENTS' Planni~g'~Department 45 46 47 48 APPROVED AS TO LEGAL SUFFICIENCY' Law Department Memorandum of Agreement Between City of Chesapeake, Virginia City of Virginia Beach, Virginia Hampton Roads Planning District Commission Virginia Dare Soil and Water Conservation District Virginia Department of Conservation and Recreation Virginia Department of Environmental Quality Virginia Department of Game and Inland Fisheries Virginia Marine Resources Commission Virginia Department of Transportation United States Department of Agriculture, Natural Resources Conservation Service United States National Marine Fisheries Service United States Army Corps of Engineers United States Fish and Wildlife Service United States Environmental Protection Agency The Nature Conservancy To Improve the Coordination of the Wetlands Compensation Process in the Southern Watershed Area 1. PARTIES TO THE AGREEMENT Th~s Memorandum of Agreement (MOA) is between the following enbbes' · C~ty of Chesapeake, V~rgin~a · C~ty of V~rg~nia Beach, V~rg~n~a · Hampton Roads Planning D~stnct Commission · V~rg~n~a Dare So~l and Water Conservation D~str~ct · Wrg~n~a Department of Conservation and Recreabon · V~rg~n~a Department of Enwronmental Quality · V~rgin~a Department of Game and Inland F~shenes · V~rg~n~a Manne Resources Commission · Virginia Department of Transportabon · Un,ted States Department of Agriculture, Natural Resources Conservation Service · Un~ted States National Manne Fisheries Service · Un~ted States Army Corps of Engineers · Un~ted States F~sh and W~ldl~fe Servme · Un~ted States Enwronmental Protection Agency · The Nature Conservancy w ENABLING AUTHORITY The enabling authonty for the participants to enter ~nto the MOA ~s contained in the following Virginia State Code and Un~ted States Code c~tat~ons' Cities of Chesapeake and Virginia Beach Section 15 2-1300 of the Code of Virginia enables local governments to enter ~nto cooperabve agreements to exercise those powers that each may be enabled to exercise Hampton Roads Planning District Commission Section 15 2-4205 of the Code of V~rgin~a enables the Hampton Roads Planning D~str~ct Commission to enter into cooperabve agreements w~th local governments to exercise those powers that each may be enabled to exercise Virginia Department of Conservation and Recreation Section 10 1-104 of the Virginia Code enables the D~rector of the Department of Conservation and Recreation to make and enter into all contracts and agreements necessary or ~ncidental to the performance of ~ts dubes and the execubon of ~ts powers, ~ncluding but not hm~ted to contracts w~th private nonprofit organizations, the Un~ted States, other state agencies and pol~t~cal subdivisions of the Commonwealth. Virginia Dare Soil and Water Conservation District Virginia Department of Environmental Quality Section 10.1-1186 of the V~rgin~a Code grants the D~rector of the Department of Enwronmental Quality the power, or to delegate as appropriate, to make and enter ~nto all contracts and agreements necessary or ~nc~dental to the performance of ~ts duties and the execution of ~ts powers under th~s chapter, ~nclud~ng, but not I~m~ted to, contracts with the Un,ted States, other states, other state agencies and governmental subdivisions of the Commonwealth. Virginia Department of Game and Inland Fisheries Section 29 1-109 of the V~rg~n~a Code grants the D~rector the power to make and enter ~nto all contracts and agreements necessary or ~nc~dental to the performance of h~s dubes and the execubon of h~s powers, ~nclud~ng, but not I~m~ted to, contracts w~th the United States, other state agencies and governmental subd~ws~ons of the Commonwealth Virginia Marine Resources Commission Section 20 2-202 grants the Commissioner to prowde for the development of programs designed to enhance and improve commercial and sport fisheries ~n V~rg~n~a's bdal waters Virginia Department of Transportation Section 10 1-2202 of the Virginia Code grants the D~rector the power to make and enter ~nto all contracts and agreements necessary or ~nc~dental to the performance of h~s dubes and the execubon of h~s powers, including, but not I~m~ted to, contracts w~th pnvate nonprofit organ~zabons, the Un~ted States, other state agencies and pol~bcal subdivisions of the Commonwealth United States Department of Agriculture, Natural Resources Conservation Service Secbon 590a of Title 16 of the Un~ted States Code states that the Secretary of Agriculture shall coordinate and d~rect all act~wbes with relabon to sod erosion and ~n order to effectuate th~s policy ~s authonzed to cooperate or enter ~nto agreements w~th, or to furnish financial or other a~d to, any agency, governmental or otherwise, or any person, subject to such conditions as he may deem necessary United States National Marine Fisheries Service United States Army Corps of Engineers Secbon 2313 of T~tle 33 of the Un~ted States Code authonzes the Secretary of the Army to ublize Army Corps of Engineers laboratories and research centers to undertake, on a cost-shared bas~s, collaborabve research and development w~th non-Federal enbbes, ~nclud~ng State and local government, colleges and un~vers~bes, and corporabons, partnerships, sole proprietorships, and trade assoc~abons which are incorporated or established under the laws of any of the several States of the Unites States or the D~str~ct of Columbia United States Fish and Wildlife Service Secbon 661 of T~tle 16 of the Un~ted States Code (Fish and W~ldl~fe Coordinabon Act) grants the Secretary of the Interior the authority to provide assistance to, and cooperate with, Federal, State and public or private agencies and organ~zabons for the conservabon of fish and w~ldl~fe and their habitats United States Environmental Protection Agency The Nature Conservancy 3. CONTEXT The C~ties of Chesapeake and V~rg~n~a Beach, the Hampton Roads Planning D~str~ct Commission and the V~rg~n~a Coastal Program are currently participating ~n the Southern Watershed Area Management Program (SWAMP) SWAMP ~s ~ntended to enhance management of the s~gn~ficant natural resources ~n the Southern Watershed Area of Chesapeake and V~rg~nia Beach whde accommodating the commercial and residential development needs of the two c~t~es The Southern Watershed Area (SWA) consists of the sub-watersheds of Back Bay, the North Landing R~ver, and the Northwest R~ver One of the subtasks of SWAMP ~s the development of the Multiple Benefits Conservation Plan (MBCP) The MBCP focused on the following two areas' A A set of riparian-based conservation corridors for the SWA has been ~dent~fled Proper management of lands ~n these corridors w~ll provide multiple benefits ~nclud~ng, but not limited to, the follow~ng Water quality protection, W~ldl~fe habitat enhancement, Natural Hentage Resource protection, Opportunities for compatible recreational activities, Opportunities for nature-based tourism, Opportunities for enwronmental education, Potential wetlands compensation capab~hty, Storm water management; Ground water recharge. A methodology to select wetlands compensabon areas for specific wetlands ~mpacts has been developed. Th~s methodology wdl a~d in enhancing the conservation corndor system and w~ll y~eld multiple benefits when used in the select,on of compensation s~tes. In December 1999 a Technical Advisory Committee consisting of representatives from the C~ties of Chesapeake and Virginia Beach, the HRPDC, Landmark Design, project consultant, the Wrg~n~a Department of Conservation and Recreation, the V~rg~nia Department of Environmental Quality, the V~rg~n~a Department of Game and Inland F~shenes, the Virginia Department of Transportation, the Wrg~n~a Manne Resources Commission, the Un~ted States National Marine Rshenes Service, the Un~ted States Army Corps of Engineers, the Un,ted States Environmental Protection Agency, the United States F~sh and Wddlife Service and the Un~ted States Department of Agriculture, Natural Resources Conservation Serwce began meeting These meetings contributed to the production of . two reports that are pertinent references ~n the implementation of th~s MOA The first report ~s t~tled Conservation Plan for the Southern Watershed Area and was prepared by the V~rg~n~a Department of Conservation and Recreation (Natural Heritage Technical Report 00-12), February 2001 Th~s report evaluates the s~gn~flcant natural resources of the Southern Watershed, describes a range of options for the conservabon corndors and prowdes ~nformat~on on stewardship and protection methods The second report ~s t~tled the Multiple Benefits Conservation Plan for the Southern Watershed Area and was prepared by Landmark Design Group, July, 2001 Th~s report describes a methodology for selecting multiple benefit compensation s~tes for wetlands ~mpacts ~n the Southern Watershed and ~denbfles a set of focus areas to compensate for the loss of specific natural system functions PURPOSE OF THE AGREEMENT Th~s Memorandum of Agreement ~s ~ntended to achieve the following goals A C D Improve coordination and shanng of mformabon among the agencies ~nvolved ~n the wetlands m~tigat~on process ~n the Southern Watershed Area Continue refinement of the conservation corridor system for the Southern Watershed Area, particularly as it pertains to the ~denbficabon of mulbple benefits s~tes to be used for compensabon for wetlands ~mpacts Conbnue to refine a coordinated process for the selecbon of mulbple benefit s~tes for compensation of wetland ~mpacts Voluntarily employ the shared methodology when select~ng compensabon s~tes for wetland ~mpacts that s~multaneously achieve multiple benefits wh~le complying w~th ex~sbng regulations and maintaining local land use control Nothing ~n th~s MOA supercedes or alters application of ex~sbng state and federal wetland regulabons Nor does th~s MOA alter the m~bgabon sequence of avoidance of wetland ~mpacts, m~n~m~zabon of ~mpacts and compensabon for unavoidable ~mpacts Th~s agreement ~s primarily ~ntended to improve the s~te select,on process when off-site wetlands compensabon ~s warranted The methodology ~s also applicable to the s~tbng of wetland m~tigabon banks. STRUCTURE OF THE TECHNICAL ADVISORY COMMITTEE The Mulbple Benefits Conservabon Plan Technical Adwsory Committee (TAC) w~ll prowde the organ~zabonal structure to ~mplement this MOA. The TAC w~ll consist of one representative from each s~gnatory agency, as designated by that agency head Other representatives of the s~gnatory agencies may participate in the TAC meebngs as needed and assist ~n ach~ewng the goals of the MOA 6. TERMS OF THE AGREEMENT The s~gnatory agencies of this MOA agree to the following A To ~mprove coord~nabon and shanng of ~nformabon. · The TAC w~ll meet quarterly, or as needed, to share mformat~on on pending m~t~gabon projects, m~t~gabon bank s~tt~ng, evolwng regulations and other perbnent top~cs, · The TAC w~ll work towards a shared database and GIS systems related to multiple benefit conservabon planning to ~mprove the efficiency and effectiveness of the compensabon s~te select,on process B Integrate the mapping and methods contained ~n Conservation Plan for the Southern Watershed Area and Mulbple Benefits Conservabon Plan for the Southern Watershed Area to refine the definition of the conservation corridor system C Employ the shared methodology for selecting wetlands compensation s~tes When feasible, select or recommend the select~on of compensabon s~tes that enhance the conservation corndor system depicted on the map ~n Appendix A Goals of the enhancement process ~nclude, but are not hm~ted to, the follow~ng. · Improvement of water quality protection, · Improvement of storm water management, · Protecbon and enhancement of cnbcal habitat, · Provision of compabble recreabonal and educational opportun~bes. D Refine the multiple benefits s~te selection process outlined in Multiple Benefits Conservation Plan for the Southern Watershed Area based on the experience gained by the TAC ~n analyzing m~tigabon s~te opbons In add~bon to ~ts role as a member of the TAC, the HRPDC w~ll perform the following functions ~n support of the MOA. · The HRPDC w~ll serve as a clearinghouse for ~nformabon on wetlands m~bgabon ~n the Southern Watershed Area · The HRPDC w~ll prowde technical support through the use of GIS modeling to ~denbfy and rank potenbal multiple benefits s~tes upon the request of one or more of the part~c~pabng agencies · The HRPDC w~ll be responsible for calling the meebngs of the TAC and recording the m~nutes of the meetings 7. MODIFICATIONS al ,, 10. 11. 12. Modifications to this Memorandum of Agreement must be submitted ~n writing and approved by all part~es to the Memorandum of Agreement. EFFECTIVE DATE The effecbve date of the Memorandum of Agreement shall be the date of the s~gn~ng of the Memorandum of Agreement by the C~bes of Chesapeake and Virg~n~a Beach and the HRPDC. DURATION AND TERMINATION OF THE AGREEMENT The durabon of th~s Memorandum of Agreement w~ll be unbl such bme as ~t ~s terminated upon agreement of all part~es; however, any party to the Memorandum of Agreement may terminate ~ts participation by written nobce to all other part~es MANNER OF FINANCING This Memorandum of Agreement wdl not require financing or budgebng from or by the s~gnatory agencies, however, th~s clause w~ll not preclude, under a separate document or agreement, grant funding or other financial assistance from one s~gnatory to another for the purpose of carrying out the purposes of the Memorandum of Agreement OWNERSHIP OF PROPERTY It ~s not the ~ntent of the signatory part~es that this Memorandum of Agreement w~ll result ~n the purchase, ownership, holding or conveying of any real or personal property. APPENDIX A Medium Conservabon Corndor Density Map LIST OF SIGNATORIES C~ty of Chesapeake C~ty of V~rg~n~a Beach Hampton Roads Planning D~stnct Commission V~rg~n~a Dare Sod and Water Conservabon D~stnct V~rg~n~a Department of Conservation and Recreabon V, rg~n~a Department of Environmental Quality V~rg~n~a Department of Game and Inland Fishenes V~rg~n~a Manne Resources Commission V~rg~n~a Department of Transportabon Un~ted States Nabonal Manne Rshenes Services Un~ted States Army Corps of Engineers Un~ted States F~sh and W~ldl~fe Service Un~ted States Environmental Protecbon Agency The Nature Conservancy APPENDIX A MEDIUM CONSERVATION CORRIDOR DENSITY MAP 0 E SIGNATURE PAGE FOR THE CITY OF VIRGINIA BEACH IN WITNESS WHEREOF, the following individuals execute this agreement C~ty Manager, City of Chesapeake C~ty Manager, City of Virginia Beach Executive Director, Hampton Roads Planning District Commission Director, Virginia Dare Soil and Water Conservation District Director, Virginia Department of Conservation and Recreation Director, Virginia Department of Environmental Quality D~rector, Virginia Department of Game and Inland Fisheries Commission Chair, Virginia Marine Resources Commission Environmental Engineer, Virginia Department of Transportation Virginia State Conservationist, Un~ted States Department of Agriculture, Natural Resources Conservation Service Fishery Biologist, United States National Marine Fisheries Services Norfolk D~strict Engineer, United States Army Corps of Engineers Supervisor, Virginia Field Office, United States Fish and Wildlife Service Environmental Scientist, United States Environmental Protection Agency Director, Virginia Chapter, The Nature Conservancy CITY OF VIRGINIA BEACH By: Date: Attest: Date: Item V-J. - 23 - PLANNING ITEM # 49416 1. COLONEL WILLIAM AND JO A. GALLUP NONCONFORMING USE 2. WOODFIN HEATING, INC. CONDITIONAL USE PERMIT 3. TYSINGER MOTORSPORTS, L.L. C. SMALL ENGINE REPAIR 4. ARACELI G. DIAZ AND VICTORIA GUMAPAS CONDITIONAL USE PERMIT 5. CENTRAL PARK ASSOCIATES, L.L. C. CONDITIONAL CHANGE OF ZONING March 12, 2002 Item V-J. 1. - 24 - PLANNING ITEM # 49417 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl APPROVED in ONE MOTION Items 1 (DEFER), 2 (WITHDRA W) and 5 of the PLANNING B Y CONSENT Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay' None Counctl Members Absent None March 12, 2002 - 25 - Item V4.1. PLANNING ITEM # 49418 Upon moaon by Vtce Mayor Sessoms, seconded by Councdman Harrtson, Ctty Councd DEFERRED TO April 9, 2002, Resolutton upon apphcatton of COLONEL WILLIAM H. and JO A. GALL UP for an enlargement/conversion of a nonconforming use and add an addition, enclose the deck and shed with a second floor addttton to the structure Resolutton authortzing the enlargement and converston of a non- conformtng use on property located at 304 45th Street Satd parcel contatns 6,477 5 square feet DISTRICT 6 - BEACH Vottng 11-0 (By ConsenO Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and Rosemary Wdson Council Members Voting Nay None Counctl Members Absent None March 12, 2002 Item V-J. 2. - 26- PLANNING ITEM # 49419 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ALLOWED WITHDRAWAL of the Ordtnance upon apphcatton of WOODFIN HEA TING, INC.,for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF WOODFIN HEA TING, INC , FOR A CONDITIONAL USE PERMIT FOR AN A UTOMOBILE SER VICE STATION Ordtnance upon Apphcatton of Woodfin Heattng, Inc, for a Con&ttonal Use Permtt for an automobtle servtce statton on certatn property located on the east stde of Ftrst Colontal Road, 160feet more or less north of Vtrgtnta Beach Boulevard (GPIN #2407-86-4082) Satd parcel contains 41,817 6 square feet DISTRICT 6 - BEACH Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Council Members Vottng Nay None Counctl Members Absent None March 12, 2002 Item V-J. 3. -27- PLANNING ITEM # 49420 Attorney R Edward Bourdon, Phone, 499-8971, represented the apphcant and advtsed the apphcant leases the land and the landowner wll not allow the extsttng storage contatner to be removed Upon mouon by Councdman Man&go, seconded by Vice Mayor Sessoms, ~ Ctty Councd ADOPTED Ordtnance upon apphcatton of TYSINGER MOTORSPORTS, L.L.C., a Vtrgtnta hmtted habthty company, for a Conchttonal Use Permtt ORDINANCE UPON APPLICATION OF TYSINGER MOTORSPORTS, L L C, FOR A CONDITIONAL USE PERMIT FOR A SMALL ENGINE REPAIR ESTABLISHMENT R030231013 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcaaon of Tystnger Motorsports, L L C for a Condtttonal Use Permtt for a small engtne repatr estabhshment (MOTORCYCLES) on the south stde of Vtrgtnta Beach Boulevard, 1194 66 feet east of Fatr Meadows Road (GPIN #1467-37-9683) Satd parcel ts' located at 5503 Vtrgtnta Beach Boulevard and contatns 0 9392 acres KEMPSVILLE DISTRICT 2 The followtng condtttons shall be requtred 1 The extsttng barbed wtre shall be removed Category I landscaptng shall be tnstalled along the extsttng chatn hnk fence The plant matertal may be tnstalled wtthtn the fence but shall be tmmedtately adjacent to the fence Foundatton landscaptng conststent wtth the requtrements set forth tn the Ctty of Vtrgtnta Beach Parktng Lot Foundatton landscaptng Spectficattons and Standards for foundauon screentng shall be installed on the north stde of the extsttng, stngle parktng space/paved area located tn front of the buddtng The extsttngfreestan&ng, nonconformtng stgn shall be removed All stgnage on the stte shall conform to all apphcable Ctty of Vtrgtnta Beach requtrements 5 All repair and servtce work shall be performed wtthm the buddtng 6 No outside storage of motorcycles shall be allowed tn view from the pubhc rtght-of-way There shall be no outstde storage or &splay of ares, parts, matertals or equtpment outside the buddtng tn view from the pubhc rtght-of-way A certtficate of occupancy shall be obtatnedfrom the Butl&ng Offictal for the approprtate use group and/or mtxed use prtor to use of the budding for small engtne repatr Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Councd of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Twelfth Of March, Two Thousand Two March 12, 2002 Item V-d.3. - 28 - PLANNING ITEM # 49420 Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None March 12, 2002 Item V-J. 4. - 29 - PLANNING ITEM # 49421 The followtng registered tn SUPPORT of the apphcants Arceh G Dtaz, Regtstered Nurse, apphcant Vtctorta Gumapas, Certtfied Nurstng Asststant, apphcant Upon motton Counctlman Man&go, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED the Or&nance upon apphcatton of ARACELI G. DIAZ and VICTORIA GUMAPAS for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF ARA CELI G. DIAZ AND VICTORIA GUMAPAS FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR SENIORS AND DISABLED PERSONS R030231 O14 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of ARACELI G. DIAZ and VICTORIA GUMAPAS for a Con&ttonal Use Permtt for houstng for seniors and &sabled persons on Lot 27, Block L, Fox Run, Sectton Two (GPIN 141476- 13-8557) Satd parcel ts located at 901 Marlborough Ctrcle and contatns l 0,360 square feet more or less (KEMPSVILLE - DISTRICT 2) The followtng con&ttons shall be reqmred The Con&ttonal Use Permtt shall be for asststed hvtng care of up to five (5) sentors as defined by the Ctty of Vtrgtnta Beach Zontng Or&nance wtthtn 3 bedrooms of the dwelhng located on the parcel The apphcant shall file an apphcatton wtth the State Department of Soctal Servtces to be hcensed as a Home for Adult Care Restdence (ACR) If the apphcant ts not hcensed as an Adult Care Restdence (ACR), the apphcant shall be permttted to care for only three (3) tndivtduals conststent wtth the regulattons of the State Department of Social Servtces The apphcant and the Ctty Fire Marshall shall meet to review the butl&ng and stteplans and shall agree to fire safety measures for the facthty that are sattsfactory to and enforceable by the Ftre Marshall The facthty shah meet the butl&ng provtstons of the Amertcan wtth Dtsabthttes Act or shall requtre that the restdents be ambulatory The butl&ng shall be protected by centrally-monttored alarm systems Bedrooms and bathrooms shall be served by a centrally-momtored call-for-aM system The house numbers on the front of the restdence shall be clearly vtstble and unobstructed at all ttmes so that emergencypersonnel can qutckly find the house 7 Thts Con&ttonal use Permtt shall be admtmstrattvely revtewed tn two years for comphance This Or&nance shah be effecttve tn accordance wtth Sectton 107 (D of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Twelfth of March, Two Thousand Two March 12, 2002 Item V-J. 4. - 30- PLANNING ITEM # 49421 (Continued) Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twelfth of March, Two Thousand Two Vottng 10-1 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D Sessoms, .Ir and Rosemary Wtlson Counctl Members Voting Nay Reba S McClanan Counctl Members Absent None March 12, 2002 Item V-J. 5. - 31 - PLANNING ITEM # 49420 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Harrtson, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of CENTRAL PARK ASSOCIATES, L.L.C., for a Conchttonal Change Of Zoning Dtstrtct ORDINANCE UPONAPPLICA TION OF CENTRAL PARK ASSOCIA TES, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7 5 CONDITIONAL B-2 Z03021218 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Central Park Assoctates, L L C for a Change of Zontng Dtstrtct Classtficatton from R-7 5 Restdenttal to Condtttonal B-2 Communtty Bustness on certatn property located on the south side of Bonney Road, 410feet more or less east of Wttchduck Road (GPIN #1467-80-6177, #1467-80-3093) The proposed classtficatton change to Condtttonal B-2 ts for commerctal land use The Comprehenstve Plan recommends use of thts parcel for suburban restdenttal/low denstty that ts compattble with stngle famtly use tn accordance wtth other Plan pohctes Satdparcel ts located at 5129 Bonney Roadand contains 4 acres DISTRICT 2 - KEMPSVILLE The followtng conchtton shall be requtred 1. An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Ordtnance shall be effective tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twelfth of March, Two Thousand Two Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlltam D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None March 12, 2002 Item V-K. 1. - 32 - APPOINTMENTS ITEM # 49420 BY CONSENSUS, Ctty Counctl RESCHEDULED: SHORE DRIVE ~ID VISOR Y COMMISSION TIDEW/ITER REGIONAL GROUP HOME COMMISSION March 12, 2002 Item V-N. 1. - 33 - ITEM # 49421 Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 6:39 P.M. Chtef Deputy Ctty Clerk es Smtth, MMC erk Meyera E Oberndorf Mayor Ctty of Vtrgtma Beach Vtrgtnta March 12, 2002