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Home My WebLink AboutOCTOBER 24, 2000 MINUTESCITY COUNCIL MAYOR MEYERA ~ OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR., At-Large HARWOOD 0 BRANCH, I!!, Beach - Dutrict 6 MARGARET I, EURE, Centervdle -Dtstnct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct $ BARBARA M HENLEY, Pnncess Anne - Dtrtnct 7 LOUIS R JONES, Baystde -Dtstnct 4 REBA S McCLANAN, Rose Hall - Dtrtnct $ ROBERT C. MANDIGO, JR, Kempxvdle - Dutnct 2 NANCY K. PARKER, At. Large ROSEMARY WILSON, At-Large JAMES K SPORE, City Manager LESLIE L LILLEE City Anorney RUTH HODGES-SMi'ITI, MMC, City Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING ! 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456.9005 PHONE (757) 427-4504 FAX (757) 426.$669 EMAIL. Ctycncl ~ ctty vtrgmta-beach, va.u~ October 24, 2000 I CITY MANAGER'S BRIEFINGS - Conference Room - 2:30PM A B C D CITIZEN COMMUNICATIONS and INTERRELATIONSHIPS · Diane Roche, Assistant to the City Manager John D. Stewart, Operations Manager - Public Libraries BENEFITS REVIEW and GAINSHARING Fagan D. Stackhouse, Director - Human Resources INTELLIGENT TRANSPORTATION SYSTEM E Dean Block, Director- Public Works FERRELL PARKWAY name change to NIMMO PARKWAY Thomas Pauls, Comprehensive Planning Coordinator II REVIEW OF THE AGENDA III. CITY COUNCIL COMMENTS IV INFORMAL SESSION - Conference Room - 5:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION MOVE TO BUILDING NO. 6- SCHOOL ADMINISTRATION BUILDING Citizens may register to address City Council for a limited time on any item on the Formal Council Agenda. Speakers may register immediately prior to the meeting or, in advance, by calling the City Clerk's Office at 427-4303. V. FORMAL SESSION - School Administration Building No. 6 - 6:00 PM A CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Richard J Keever Bayslde Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS October 10, 2000 G. AGENDA FOR FORMAL SESSION The Consent Agenda wtll be determtned during the Agenda Review Session and constdered tn the ordtnary course of bustness by Ctty Counctl to be enacted by one motion. H. MAYOR'S PROCLAMATION 1. "Thomas Gill Day"- October 24, 2000 I PUBLIC HEARING 1 Utihty Tax Rate Conversion for Electricity and Natural Gas J. ORDINANCES o Ordinance to establish a Super Hornet Commission re defining the membership, purpose and dissolution thereof; and, to adopt the Commission's bylaws. (Deferred 10-10-00) 2. Ordinance to AMEND the C~ty Code§ § 35-114,35-115,35-118,35-119,35-120,35-121 and 35-122, ADDING §§ 35-115.1-and 35-115.2 to revise the manner in which the local utility tax on electric and natural gas service is calculated. . Ordinance to AUTHORIZE the City Manager to execute a lease between the Vlrglma Beach School Board and the City for the Pungo-Biackwater Library Creeds Elementary School Media Center. . Ordinance to AUTHORIZE the City Manager to execute the jmnt procurement dunng the pilot period; execute and dehver the Joint Powers Agreement; administer the projected savings and obligate the annual appropriation re purchase of electricity for the "PILOT" program of the Virginia Municipal League (VML) and Virginia Association of Counties (VACO) 5. Ordinances to authorize temporary encroachment's' a. Shore Ventures Associates, LLC into a paper street, known as Piedmont C~rcle; and, a portion of Crab Creek to construct and maintain an access pier, pier and proposed finger piers b. Giover Industries, LLC into a portion of the City's right-of-way and variable width easement, known as the Lake Gaston Plpehne, in Jarrett, Virginia, to allow for placement and maintenance of a support structure and conveyor system . Ordinance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission, as approved by the Commission on September 13, 2000. , Ordinance to ACCEPT and APPROPRIATE a $150,000 grant from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2000-2001 operating budget re support operations of the V~rgmla Task Force No 2 Urban Search and Rescue Team. 8 REFUNDS: ao License - $26,962.01 Tax- $ 3,193 99 K RESOLUTIONS Resolution re issuance of the Development Authority's Industrial Development Revenue Bonds Series 2000: Global Technical Systems Project not to exceed $3,500,000 ° Resolution to MODIFY the composition of the Virginia Beach Community Criminal Justice Board to ADD the City Manager, or his designee, to the Board's membership by appointment of City Council. . Resolution to support a fee payable to host localities for services provided to the Virginia Port Authority; and, request Governor Gilmore to include funding this fee m the 2002 budget amendments to be considered by the General Assembly dunng its 2001 Session. Resolution to AUTHORIZE and DIRECT the City Manager to sign the North Landing River use conflict Memorandum Of Agreement with the City of Chesapeake, Hampton Roads Planning District Commission (HRPDC), and other federal and state agencies. L. PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. . RECONSIDER: Applications for property at Indian River Road and Forman Trail (Denied August 22, 2000)(PRINCESS ANNE - DISTRICT 7)' a. TOWNE DEVELOPMENT CORPORATION / CARL SCHUBERT Change of Zoning District Classification from AG-2 Agricultural District to R-15 Residential District, contmmng 26.6 acres b. TOWNE MILL DEVELOPMENT LLC Conditional Use Permit for an open space promotion, containing 37 acres Recommendation: APPROVAL . Application of KENNETH A. HALL and S&S ENTERPRISES for the discontinuance, closure and abandonment of the following streets: (ROSE HALL - DISTRICT 3) a. Second Street: (1) beginning at the western boundary of Butternut Lane eastward to the western boundary of Spruce Street (2) beginning at the eastern boundary of Spruce Street eastward to the western boundary of Pine Street b. Spruce Street: beginning 400 feet south of Bonney Road southward to the northern boundary of 1-264 Recommendation: DENIAL Council Lady McClanan requests a 2 week Deferral . Application of TIDEWATER IMPORTS, INC. - HALL AUTO WORLD BODY SHOP for a Conditional Use Permit for an automobile repair facility located at the southeast comer of Butternut Lane and unimproved Second Street. (ROSE HALL - DISTRICT 3) Recommendation: DENIAL Council Lady McClanan requests a 2 week Deferral . Application of SHORE VENTURES ASSOCIATES. L.L.C., for a Con&tional Use Permit for a community boat dock at the intersection of Lynnhaven Promenade and Piedmont Circle on Lots 6, 7, 8, 9 & 10, Block 3, Section A, Ocean Park, containing 24,296 square feet. (BAYSIDE - DISTRICT 4) Recommendation: APPROVAL . Apphcatlon of FRED VIRTUCIO for a Conditional Use Permit re housing for seniors and disabled persons on the north side of Paca Lane, east of Newtown Road (5556 Paca Lane), containing 11,586.96 square feet. (KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL Application of MORE THAN CONQUERORS CHURCH for a Conditional Use Permit re a church on the east s~de of Holland Road, north of Shlpps Comer Road (3208 Holland Road), contalmng 5.4788 acres. (PRINCESS ANNE- DISTRICT 7) Recommendation: APPROVAL . Apphcatlon of WOODFIN HEATING, INC., for a Conditional Use Permit re automobile service station (fuel sales) at the northeast comer of Lynnhaven Parkway and Southern Boulevard, containing 41,295 square feet. (BEACH- DISTRICT 6) Recommendation: APPROVAL o Apphcatlons of ARMADA/HOFFLER HOLDING COMPANY (PRINCESS ANNE - DISTRICT 7)' a° Modification of Proffers placed on the June 14, 1994, approved Change of Zomng D~stnct Classfficatlons from A- 12 Apartment D~stnct and B-2 Commumt¥ Business D~strlct to Conditional B-2 Community Business District Classification for Bel- Aire, Inc. & King's Way Corp. at the northeast comer of Dam Neck Road and General Booth Boulevard bo Discontinuance, closure and abandonment of Dam Neck Station Road beglnmng on the eastern boundary of General Booth Boulevard and running in an easterly direction to the eastern terminus, containing 1.336 acres Deferred: Deferred: Recommendation: October 10, 2000 September 26, 2000 APPROVAL ° Apphcatlon of MATT J. MARSHALL, JR. for a Change of Zomng District Classification from B-1 Neighborhood Business D~stnct to Conditional B-lA Limited Community Business D~strict at the southwest comer of Dam Neck Road and London Bridge Road, containing 2.290 acres (BEACH - DISTRICT 6) Deferred: Recommendation: September 26, 2000 APPROVAL 10. Apphcat~on of COMMERCIAL INVESTMENT PROPERTIES, L.L.C. for an Amendment to the Green Run Land Use Plan to allow fuel sales in conjunction with a convenience store at the southwest intersection of Buckner Boulevard and S. Rosemont Road, containing 1.6 acres (PRINCESS ANNE - DISTRICT 7). Deferred. Recommendation: September 26, 2000 APPROVAL 11. Application of the City of Vlrg;ma Beach to AMEND Section 5B of the Site Plan Ordinance re floodplain regulations. Deferred: Recommendation: September 26, 2000 INDEFINITE DEFERRAL M. APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION BOARD RESORT ADVISORY COMMISSION (RAC) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call. TDD only 427-4305 (TDD- Telephonic Device for the Deaf) 10/19/00slb AGENDA\09-26-00.PLN www.vlrginla-beach.va.us OFFICE OF THE CI'I~ MANAGER (757) 427-4242 FAX (757) 427-4135 TDD (757) 427..4305 City of Virginia Beach MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456-9001 October 20, 2000 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Dear Councilmembers: The attached provides an overview of the employee health and dental benefit program for 2001. Open enrollment for City and School employees will begin November 1. If you have any questions, please feel free to call me or Susie Walston at 427-4242, or Fagan Stackhouse at 427- 8374 dsc Sincerely, · 'James K. Spore City Manager Attachment Proud Recipient of the 1998 U S Senate Medallion of Excellence for Producttwty and O. Qualtty in the Public Sector VIRGINIA B hCH Bene! ~l~, Ol rice 2512 George Mason Drive V~rgmm Beach. VA 21456-0038 (757) 427 8536 FAX (757) 563-1050 MEMORANDUM TO' Mr. James K. Spore City Manager FROM: Dr. Timothy R. Jenney Superintendent Susan D Walston/ Chief of Staff Fagan D. Stackhouse~5~ Human Resource Dtre'ctor Victoria L Lexvis'~ Chief Financial Officer Lynn O. Sachs Benefits Coordinator SUBJECT: Health and Dental Renewal 2001 DATE: October 18, 2000 Thts memorandum is intended to provide you with an update on the status of the health and dental insurance renewals for the 2001 plan year. Open enrollment is currently scheduled for November 1 - November 30. There were no changes to our benefit plans for health insurance for 2001. There will be an increase tn our premiums, however, they wdl be much less than will be felt by most other plans. Last year the City and the Schools agreed that the rates for health and dental insurance for the City and School's should be ahgned. We were able to align rates in Plan Year 2000 for Dental and the Healthkeepers Plan. Beginning in Plan Year 2001 we were able to achieve the goal of having the same premiums for the city and the school employees in all of our health and dental offerings. As discussed during the budget process last May, the City and Schools have a scheduled increase in the employer subsidy beginning January 1,2001 to $2,400. These increases were budgeted and approved during the development of the FY 00/01 Operating Budget for both the City and the School budgets. As you may recall, we had gone several years without any increase tn the employer subsidy, however we have had tncreases m the last several years January 1, 1999/'rom $2,040 to $2,100, July 1, 1999 to $2,160, January 1, 2000 to $ 2,280 and now Janua~ 1, 2001 to $2,400. We contracted with the consulnng firm of William M Mercer to revtew the status of our health plan, help estimate the IBNR's (Incurred But Not Reported Claims) for financial statement purposes, and to asstst ~n the setting of rates for Plan Year 2001. Mercer was provtded the followmg parameters and information in order to set rates for 2001: · The annual premium for City and School Health Plans should be the same · The Employer Subsidy will increase from $2,280 to $2,400. · $ 5.00 per member per year should be added to the annual premium for each City and School member to pay for the Wellness Programs for City and School employees. · Provider networks appear to have stabilized, therefore we do not anticipate any significant movement between plans since the benefits and costs are the same as last year. · Current year claims data directly from the providers · Enrollment figures for each plan from the Benefits Office. Mercer developed their cost projections based on our actual plan experience for the 2000 plan year, our prior year claims experience for 1998 and 1999, and the Mercer nauonal database. Based upon the data and analysis, the aggregate claims experience trend for each plan is indicated below' · HealthKeepers HMO · Trigon PPO · Health Plan By Sentara · All Plans Combined 82% 9.8% ll 0% 95% Based on the expected incurred costs in 2001, we will fully fund the projected cost of the health plans by applying an 8 8% aggregate increase to the current budgeted rates. These rates include a 2% contingency margin to cover fluctuations from projected claims levels. City and School costs increases are attributed to the actual claims experience utilization, and the projected health care trend increases. To provide you with some perspecuve, the average plan increases on a regional basis are upwards of 10%. We have also attached a chart comparing 2001 cost increases for other municipalities and school systems tn the region. Due to the voluntary nature of the Dental Insurance, we have significant adverse selection, particularly in the Indemnity plan, - i.e. employees who 'know that they need dental services are largely the ones who enroll in the program. The premium increases of 23 % in the Indemnity Dental plan are due to high utilization. There were benefit changes as well as premium increases in the Indemnity Plan. There will now be a $50 deductible for preventive services. We will also be changing from a true Indemnity Plan to a Stlent PPO Under the Silent PPO plan, you may use any l~censed dentist or one of the parttc~patmg PPO dentists By receiving your dental care from within the PPO network, you benefit from pre-negotiated dtscounts. Using a PPO dentist can s~gmficantly reduce employees's out-of-pocket expenses. As you may recall from the last year, the DHMO will have no rate increases ti'trough 2004 Since the DHMO has a l~mited network and capitated fees are negotmted w~th the dentists, there are s~gnificant cost sav~ng measures within the plan. The follow~ng are ~ncluded for your review. · Attachment I, Proposed City and School Health and Dental Rates · Attachment II, Comparison of 2000 Health Care Rates and Proposed 2001 Health Care Rates · Attachment III, Comparison of C~ty and School Indemnity Dental Rates for 2000 and 2001 · Attachment IV, Comparison of Health Care Plan Increases for Regional Municipalities and School Systems cc' Beverly Spencer Attachment I HealthKeepers by PrIority Health Care CITY OF VIRGINIA BEACH HEALTH, DENTAL, AND LEGAL RESOURCES RATES Effective January 1, 2001 through December 31, 2001 Employee Pays New Rates City Pays Monthly Employee Pays Sem~-Monthly Subscriber $225 59 $200 00 $25 59 $12 80 Subscriber & M~nor $239 03 $200 00 $39 03 $19 52 Subscriber & Spouse $335 05 $200 00 $135 05 $67 53 Double Employee $400 00 $1 00 $0 50 Family $450 17 $200 00 $250 17 $125 09 Double Family $400 00 $50 17 $25 09 Health Plan by Sentara Subscriber $229 23 $200 00 $29 23 $14 62 Subscriber & M~nor $266 05 $200 00 $66 05 $33 03 Subscriber & Spouse $379 34 $200 00 $179 34 $89 67 Double Employee $400 00 $1 25 $0 63 Famdy $512 91 $200 00 $312 91 $156 46 Double Family $400 C0 $112 91 $56 46 Trlgon Blue Cross Blue Shield KeyCare Subscr, ber $295 98 $200 00 $95 98 $47 99 Subscriber & Minor $388 79 $200 00 $188 79 $94 40 Subscriber & Spouse $544 26 $200 00 $344 26 $172 13 Double Employee $400 00 $154 26 $77 13 Family $750 85 $200 00 $550 85 $275 43 Double Family $400 00 $350 85 $175 43 Dominion DHMO Subscnber SubscrIber & Minor Subscnber& Spouse Family Dom~mon Indemmty Subscnber Subscriber & Minor Subscriber & Spouse Family OPTIONAL DENTAL RATES $13 15 $21 92 $21 92 $31 75 $32 69 $64 80 $64 80 $90 98 $15 oo Legal Resources $6 58 $10 96 $10 96 $15 88 $16 35 $32 40 $32 40 $45.49 $7 50 f Attachment I VIRGINIA BEACH CITY PUBLIC SCHOOLS HEALTH, DENTAL, AND LEGAL RESOURCES RATES Effect, ve January 1, 2001 through December 31, 2001 ' Employee Pays New Rates City Pays Monthly HealthKeepers by Priority Health Care Employee Pays Semi-Monthly Subscriber $270 70 $240 00 $30 70 $15 35 Subscriber & Minor $286 84 $240 00 $46 84 $23 42 Subscriber & Spouse $402 06 $240 00 $162 06 $81 03 Double Employee $480 00 $1 20 $0 60 Family $540 21 $240 00 $300 21 $150 11 Double Fam,ly $480 00 $60 21 $30 11 Health Plan by Sentara Subscriber $275 08 $240 00 $35 08 $17 54 Subscriber & M~nor $319 26 $240 00 $79 26 $39 63 Subscriber & Spouse $455 21 $240 00 $215 21 $107 61 Double Employee $480 00 $1 50 $0 75 Family $615 50 $240 00 $375 50 $187 75 Double Famdy $480 00 $135 50 $67 75 Trigon Blue Cross Blue Shield KeyCare Subscriber $355 18 $240 00 $115 18 $57 59 Subscriber & Minor $466 55 $240 00 $226 55 $113 28 Subscriber & Spouse $653 11 $240 00 $413 11 $206 56 Double Employee $480 00 $173 11 $86 56 Family $889 02 $240 00 $649 02 $324 51 Double Family $480 00 $409 02 $204 51 Dominion DHMO Subscriber Subscriber & Minor Subscnber & Spouse Family $15 78 $26 30 $26 30 $38 10 Dominion Indemnity Subscriber Subscriber & Minor Subscriber & Spouse Family $39 23 $77 76 $77 76 $109 17 OPTIONAL DENTAL RATES $7 89 $13 15 $13 15 $19 05 $19 62 $38 88 $38 88 $54 59 Legal Resources $18 00 $9 00 Attachment IV Hampton Roads Area 2000/2001 Health Insurance Increases Chesapeake Hampton Newport News Norfolk PortSmouth Suffolk CiTY 4% SCHOOLS 12% 25% Not Avad. 0% 26% 10% 10% 0% Not Avail. 0% 10% Increase has been averaged based on number of plans avadable 10/18/00 10 52 AM Citizen Communication and Interrelationships Progress Report October 24, 2000 CITIZEN COMMUNICATION AND INT E RRE LAT ION S HIPS PROGRESS REPORT OCTOBER 2000 Back~round: -- The quality of communication between citizens and elected officials and between citizens and government employees ~s of paramount ~mportance. Representative government works best in an environment of openly shared information and viewpoints and mutual understanding and trust. The strategy document entitled "Community for a Lifetime" proposes an outcome strategy that speaks directly to this enwronment: We facilitate citizen communication, learning and engagement by creating forums for honest and open dialogue on Community issues by ensuring inclusion and an equal awareness and knowledge, and by providing appropriate methods and tools. This outcome was assigned to the Pubhc Relations and Marketing Commons Policy Team for action. The Commons Policy Team formed a subgroup called the Citizens Communication and Interrelationships Team in July-August, 1999. This Policy Report contains the recommendations of that Team. The Team was directed to develop recommendations, methods, processes, policies, procedures and training needed to create and maintain active, two-way communication between the City government and Virginia Beach citizens. The work was to include research about best practices in other cities and to consider the opinions of mt~zen groups throughout Virginia Beach. The Team was directed to make recommendations that would assure a consistent quality of communications across the organization, be useable by indiwduals in and out of C~ty government, and be capable of being tracked and evaluated for success. The Team ultimately ~dentified SlX outcomes that it beheves can be the result of its recommendations. The outcomes build upon a foundation of solid commumcatlons and culminate m issues of relationship and engagement, areas where we beheve we have real oppormmty for improvement: · Commumcations: C~tizens are aware of City services, programs and events sponsored by City government. C~tizens understand all s~des of complex mwc pohcy Issues. Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 1 · Civic Engagement: Citizens engage with one another and with government in deliberation about civic policy issues. · Civic Capaci _ty: Citizens feel they can make a difference in civic issues. · Member Capacity: Citizens and government employees experience open and easy communication with each other. Government members have the skalls, tools, and capactty to effectively braid positive relationships with citizens. The Team supported its work by conducting a Communications Survey in February 2000. The survey was designed, admimstered and analyzed by Continental Research Associates, Inc. The Team relied upon the same survey methodology to gather information from a variety of unique mtizen groups: businesses, civic leagues, the media, churches, the resort industry, agriculture and volunteers ~n government. It heard presentations about the Outdoor Plan dialogue methodology, and it learned about public information programs being undertaken by the Media and Communications Office, VBTV 48 and the City's website. It also surveyed municipalities of all sizes throughout the United States to learn about citizen communications and interrelationship programs already underway. Considerations: The considerations that affect decision-making about citizen communications and interrelationships have derived from three primary sources: the Communications Survey, a parallel survey of community stakeholders and research on the commumcation practices m Virginia Beach and other municipal governments around the country. The discussion of considerations will be organized within these three topics. Communications Survey The Communications Survey established that the government of the City of Virginia Beach does an excellent job communicating with citizens. More than 82% of the respondents indicated that they were satisfied with the level of communication the government has with its residents and believe they are able to keep up-to-date with City services, policies and projects. In this respect, we are working to improve a process that already enjoys considerable success. Survey results exhibited heavy reliance (75 percent) on the Virginian-P~lot and local television news to get information about the City of Virginia Beach services, policies, and projects. Forty-nine (49) percent of respondents receive their information from the Pdofl3eacon, wath 26 percent indicating they received their information from television news. Respondents to the survey provided interesting insights when asked to recommend ways for the government to expand communications with citizens. VBTV 48 was the overwhelming choice for the government to expand communications w~th mtizens. At the same time, there was very little interest in placing more information in the newspaper. There is a paradox in this response: while there may not be an expressed ~nterest for more Information to be inserted in the newspaper, the newspaper is the place where most citizens get information about government. Citizen Communication and Interrelationships }Fork Group Progress Report - October 2000 Page 2 III ii ~ Another common method of sharing information between the government and citizens is to send City staff to civic, social and cultural groups to talk about government services. While many respondents felt this was important, there was enough polarization of viewpoints to suggest that just sending representatives to meetings will not be an effective way to tell the government story. Small meetings where conversation and dialogue prevail may be more useful in boosting mutual understanding. Speakers may not achieve this outcome. One interesting aspect of the survey concerns expanding the City's websites. While very few people felt this was important, the response may be attributed to the very newness of the medium. An investment in "electronic government" may be an important investment for the future, even if it is not a crucial issue today. The investment in electronic, interactive commumcations between government and citizens will become increasingly important as more and more individuals become accustomed to commumcating on the Internet. More recent survey results from the Citizen Survey, conducted in June 2000, show that 76% of the households in Virginia Beach have Internet access at home or through their employer and 29% reported having visited the City's Web site. Communication is not a one-way street. It does not occur simply from government to citizens. To have communication, citizens must be communicating to their government. Here, as with the issue of government communications to citizens, there is broad satisfaction in Virginia Beach: over 80% of the respondents indicated satisfaction with how easily they can communicate with their government. Once again, recommendations to improve communications are being made within an atmosphere of general success. Attendance at City Council meetings and participation in workshops and citizen information meetings as a way of getting or giving information is an experience enjoyed by a very small percentage of residents(6.2% and 9%, respectively). On the contrary, the survey would invite us to believe that m the course ora year, over half(56%) of the adult residents of Virginia Beach make contact with a government office by telephone and almost half (45.2%) visit a government office in person. The government has many, many opportunities throughout the day to inform its citizens and to learn from them through conversation and mslt. Success in communications, whether in giving information or receiving information, is a different thing from a belief that the exchange will make any difference. On this score, we seem to have an opportunity for real improvement. While almost 71% of individuals surveyed felt that government is interested in hearing their opinions, nearly one-third of respondents indmated that government was "not interested" m these opinions. The relative number of negative responses suggests room for ~mprovement. The survey also indicated that holding a behef that government wants to hear my opinion and knowing how to express that opinion effectively are two different things. Over half of all respondents indicated that they did not know "how" to influence decisions. Some citizens know how to influence decisions and indicate that they have attempted to exert that Citizen Communication and Interrelationships }Fork Group Progress Report - October 2000 Page 3 influence over the past year. Long time permanent residents, registered voters, and people with relatively higher income are more likely to be involved in influencing government. Almost one quarter of th~s group is not satisfied with how easy it ~s to communicate w~th their government. That number is offset by another quarter of the respondents who are very satisfied. On the other hand, and more telling, almost 43% of the same group does not beheve that government is interested in their opinions and suggestions. This ~s a relatively large number, and ~t is particularly ~mportant, because it comes from those people who are tn fact most involved with government. Citizens make many contacts with government that may extend beyond an intention of"influencing" decisions. An assessment of the nine questions in the survey in which people indicated whether someone had commumcated by phone, visit, letter or participation in a City Council meeting, a public heanng or public workshop adds more understanding about the quality of the communications and relationship between citizens and their government. Of the 323 people who participated in the Communications Survey, 226 individuals indicated they had made some effort to contact the government in the past year. Among these people, there was an overall sense of satisfaction with their ease of commumcating with the City, but there was an expression from 34% of the respondents that the City was not "interested" in hearing their opinions or suggestions. Once again, we seem to have an oppommlty during individual telephone calls and visits to make a tremendous difference in the degree to which citizens understand and develop confidence in their government. These "moments of troth" invite improvement. Stakeholder Survey The questions that comprised the Communications Survey were administered in varying degrees of rigor to six stakeholder groups: mvic leagues, business persons, the resort industry, the media, churches and volunteers with the City of Virginia Beach government. These groups represented a substantial cross-section of the Team's stakeholder plan. Stakeholders The purpose of the survey was to assure the availability of a variety of viewpoints and to detect when a unique group within the mty m~ght differ from the whole. The stakeholder surveys generally confirmed the overall indications of the Communication Survey. Respondents had a very similar Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 4 sense of satisfaction with the manner in which government communicates to them and their ease in communicating with government. At the same time, the stakeholder groups also experienced a similar skepticism in the interest of government in using their opinions. Only church and business leaders and developers expressed a sense of confidence in the level of interest their government had in their viewpoints. The stakeholder survey pointed out other differences of opinion between stakeholder groups and the overall population. Business leaders, civic group leaders, church leaders and government volunteers all indicated a preference for increasing the amount of information in the newspaper, sending more city representatives out to speak in the community, and increasing use of the government's website. Sending information by mail to each household also received more affirmation among volunteers, church leaders and business leaders. On the other hand, business leaders had little interest in expanding programming on VBTV 48. The variables that influenced these opinions aren't known. It may well be that representatives of these groups are relatively more active information-seekers than the population as a whole. In any case, their responses suggest the need to examine the relative costs and advantages of more newspaper and/or direct mail communications, suggest that city representatives will always be requested as speakers, and point out that our webslte may already be an important source of information for those people who are more avid information-seekers. Another disparity between the stakeholder surveys and the Communications Survey was found in the responses that church leaders made to the question of the government's interest in using their opinions. Unlike other groups, the leaders of the ten congregations who were surveyed strongly indicated they felt the city was very interested in their opinions and they were well aware of the ways that thetr opinions could be used to influence these decisions. Responses fi.om ctvic league leaders and developers provided one final and very revealing difference among respondents: unique among stakeholder groups, and also different fi.om the survey of the whole population, these individuals showed a markedly stronger propensity to telephone, visit and write an elected city offictal as well as attend City Council meetings, speak out at a city public hearing, and attend a citizen workshop. The differences were dramatm. They point to the fact that while a very small number of citizens in Virginia Beach avail themselves of these communications and relationship opportunities, a large portion of that group may be comprised of leaders of organized civic groups. The data is revealing m terms of who may be most active tn tnfluencing government decision-making. It is also a persuasive argument for increasing the number of civic leaders who can successfully bring the concerns of their group before elected officials. In addition, it is a strong tnvitation to develop awareness of an overall City vision or strategy among citizen leaders and business persons if we are to avoid a growing tendency of groups to compete against groups for limited resources without any sense of how everyone contributes to the whole. Citizen Communication and Interrelationships IFork Group Progress Report - October 2000 Page 5 Local and National Government Practices Forty-one government offices in Virginia Beach responded to a set of quesuons about citizen communication. Their responses confirm a shared commttment to cittzen commumcations. The variety of methods alone supports this assertion. Among the respondents, over 25% indicated that their office had a requirement for"public hearings" as a way to share information and develop an understanding of citizen viewpoints. These "public hearings" range between informal dialogue and closely regulated heanngs before City Council. S~nce public hearings will always be part of the communications landscape, improvements to them would be an opportunity to enhance citizen communications and interrelationships. The success of the public meetings on Open Space/Outdoor Plan demonstrates that the public input process can become a positive experience for all participants. The City of Virginia Beach employees also believe that face-to-face contact offers them the best opportunity to exchange ideas with citizens, develop mutual understanding and make modffications to existing policies and proposed programs. They also believe that this kind of contact is generally the best way for citizens to learn about government services, policies and programs. The survey also pointed to an important group of citizens that need to be considered within a plan for improved communications and interrelationships: citizen advisory boards. More than 25% of the government respondents work with some form of board. The members of these boards are citizen leaders willing to engage in civic issues. While the survey data did not identify any specific communications problems among these advisory groups, improving their communications and interrelationship would again be an opportunity to enhance the process them and for City Council. Research of cities nationwide showcased a myriad of promising two-way communications vehicles and programmatic efforts designed to foster and enhance relationships. Cities large and small have ideas and programs that Virgtnia Beach can replicate. Active programs of civic instruction, formal dialogue and feedback, improved publications and advertising, personalizing the "face" of government, and experiments with telephone, written and electronic interactions are all under exploration. The team drew from many of these experiences m developing its recommendauons. Some highlights include: Phoenix's Netghborhood Association Tool Kit, Tucson's City Page, 24-hour telephone comment line, and e-mail exchange; Ventura County, Califorma's mall-based touch-screen kiosks for paying traffic tickets; Delray Beach, Florida's citizen Capital Improvement Tours, Lakewood, Colorado's Cittzens 'Planning Academy; Orange County Florida's Cttizens First Strategic Plan; Scottsdale, Arizona's use of c~tizens' homes to conduct community meetings; and Indianapohs' Front Porch Alhance. Many c~ties are also successfully using Government TV to build relationships and communicate with their citizens. (See Appendix for a detailed summary). Recommendations Improvements in commumcat~ons and interrelationships between government and C~tlzens invites Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 6 leadership from among all members of government. There are leadership roles for both City Council and City staff. The job of making improvements is not solely the job of the Med~a and Communications Office. It's everyone's job. The Communications Survey supports this viewpoint. Actions taken to improve communications will make gradual, incremental change in areas that are already perceived and experienced as generally successful. It's fair to say that the real issue we are grappling with is the development of improved mterrelationships between City Council and City staff and the citizens of Virginia Beach. We can have all the communications in the world, but without solid relationships, we'll see httle improvement. Conversely, if we build increased trust between government and citizens, our communications issues may become even smaller There may be a tendency to think of "communications" and "interrelationships" as if they are two separate activities. They are not. Every opportunity for communication is an opportunity to build trust and understanding between City government members and citizens. The business of communications is in fact the business of creating positive interrelationships among us all. Commumcations and interrelationships take a number of forms. One-way communications ("Providing" and "Obtaining" information) have both active and passive attributes. Their success, however, will be affected by the participants' relative trust in the usefulness and meaningfulness of the effort. Similarly, they can be highly engaged activities in which the participants are working and learning with one another as they strive for a common goal. Engagement is where real interrelationships occur. It is active, and it takes effort. The willingness to expend this effort will be largely based in a belief that it will make a difference. Ways We Communicate Interrelationships - Where We Make · Difference . I~orma~lon ~ Citizens ~///~//~ Gov,ernment These considerations suggest an organization of the recommendations into three categories: (1) Government's communication with its citizens, (2) citizen efforts to communicate w~th their government, and (3) citizen behefthat their communication can make a difference. These categories are helpful tn reminding us of the fundamental elements of the work. At the same time, it is ,, Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 7 important to remember that each action may be affecting one or more of the desired outcomes for the work. Each action is related to the other actions in its category and to the sum of the actions that affect a particular outcome. The "C~tlzen Communication and Interrelationship Report Recommendations Matrix" demonstrates the nature of this system. Citizen Communication and Interrelationship Report Recommendations Matrix OUTCOMES: ~.~ Communications Civic Member Citizen ~, " -,,-,;%~,,'.~41~,~; .... i,! Capacity Capacity Engagement Recommended Actions (top six priorities ~n bold) · Government's Communication with Citizens Meetings with Print/TV Media ~r ~ · Newspaper Insert/Home Mailings Enhance Programming on VBTV ~r / Electronic Govemment / / Automatic Messages City Page in Newspaper vr Citizen Communication with Government Public Dialogue / Customer Service Training ~r Public Hearings Citizens' Belief That They Can Make a Difference in the Decisions of Government Learning about Communications / and Relationship-building Tools Early Information Sharing ~r Persuasion vs. Information / Ease of Participation Education Children about Govt. / Civic Toolkits ~' Citizen Advisory Boards d' Follow-up from Speaking Engagements Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 8 While the recommended actions are organized as a list w~th~n each category, it ~s important to remember their connectedness when considering them. Government's Communication With Citizens Increase Meetings with Print and Television Media: Plan periodic meetings to build understanding among representatives of the print and television media and leaders of Virginia Beach government. Members of the Management Leadership Team, department directors, middle managers and key media contacts would meet with editors and editorial board members, assignment editors and news directors. The outcome of these meetings would include development of more personalized relationships, sharing of issues anticipated on the government's horizon, dialogue about perceived problems and planning for the ways that government and the press can collaborate in the building of a "Community for a Lifetime" while the press can maintain its watchdog role in our democracy. The recommendation derives from the recognition of the importance of the media in an overall communications plan. Process Manager: Media and Communications Group(MCG)/City Manager's Office with the assistance of the public relations staff within City departments and agencies Action Plan: Arrange annual meeting with Directors/middle managers and local news reporters/editors/editorial writers at the beginning of each fiscal year or calendar year. Continue on-going contact (daily or several times a week) with reporters and assignment editors to pitch stones and provide access to information, experts to interview, etc. Extend the media tour program to include broadcast media as well as print and conduct at least two media tours with City experts annually. ~ Update current Media Relations Manual and redistribute to all City departments ~ Conduct media relations and interview training for City staffwho have contact with reporters. Projected Costs: Annual meeting - $500 Media Tours - $1,500 Media Relations Training - 2-day, $10,000 Clarify the Use of Newspaper Inserts and Home Mailings: Newspapers are a popular medium for delivering information to Virginia Beach households. There is a question, however, about whether increased newspaper inserts will be successful as a communications tool. Similarly, while there is a strong expression of interest in receiving information about government through the mail, there are polarized feehngs (both positive and negative) about the approach. The use of focus groups may be helpful in better understanding the relative advantages of resource to those methods. Process Manager' Media and Commumcation Group (City Manager's Office) Citizen Communication and Interrelationships I~ork Group Progress Report - October 2000 Page 9 Action Plan' · Conduct several focus groups with citizens assessing a variety of communication tools, including inserts in the newspaper and direct malhngs to home, to determine what citizens prefer. · Create a workgroup that includes MCG staff and public relations/marketing staff from other departments to analyze results, cost out options, share results with City departments and develop recommendations for the C~ty Manager/Chief Information Officer Projected Costs: · Approximately $7,000 - $10,000 for two focus group sessions. · Other costs depend on recommendations of the workgroup. Enhance VBTV 48 Programming: Program VBTV 48 to become a primary source for up-to- date "news" and information coverage on important civic issues; include m its programming civic instruction similar to that offered by the Neighborhood Institute; and be a place of inclusiveness. Increased resources, including an expanded advertising budget, would be required to bring these new opportunities to Virginia Beach residents and provide these services to City Council and city departments. These recommendations will bridge the apparent gap between a citizen expression for more VBTV48 programming and current viewership levels. The proposed actions that support the recommendation link this proposal with the investments in Vbgov.com and the development of"civic toolkits" recommendations in this report. The enhancement of VBTV programming also dovetails with positioning the City as "government as educator, partner and builder of community capacity." When VBTV programs are utilized as a vehicle to partner with the Neighborhood Institute, community groups, the business community, and the like, it will become a preemptive, proactive and positive retort to common perceptions about a lack of inclusiveness in City issues. Raising the level of quality and quantity of VBTV programs will also result in increased viewership and will parlay VBTV into a legitimate primary source of detailed information. Process Manager: Video Services Division/Department of Communication and Information Technology with the assistance of the Media and Communications Group Action Plan: Produce and air advertisements on cable television to direct viewers to VBTV programming where City programs, events, issues, etc. are promoted for City government. · Cover additional events for inclusion in news programming Create and produce additional programming that continues to support Council's goals and supports the recommendations in this report (i.e. create a new program series on "Neighborhood/Civic Tool Kit"); increase video public meeting/forum coverage; create additional single issue programs about the "hot topics/issues" facing the C~ty. Projected Costs' $ 84,000 - Salary and benefits to h~re two staff members to produce additional series and public meetings. $ 2,000 - Increase in freelance budget to support additional news programs $12,000 - Increased advertising Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 10 Investment in Electronic Government: Increase the opportumt~es for e-mail communications among citizens, government employees and City Council members; create more interactive electronic government opportunities; and develop structured, moderated "chat" on civic issues. The purpose of improved communications and interrelationships could provide an additional focus for some of the VBgov.com ~nitiatives in development. E-mail communications seem to be analogous to one-on-one methods that are used by citizens and preferred by government employees. Online discussions could parallel public dialogues on selected topics of importance to the community. If investment is made in the City's website, investment must also be made throughout government to assure that elected officials and government employees have the capacity to respond quickly to electronic communications and have the competencies to participate m electronic communications. While the survey did not strongly support investment in the City's website, it seems essential that the government prepare itself to be a skillful participant in the evolving electronic communications experience. Providing "24 hours a day/seven-days-a-week" opportunities to build v~rtual commtmity is one of these experiences. Process Manager: Customer Communication Coordinator with assistance from Public Libraries and the Media and Communications Group. Action Plan: ~ Wait for the existing Vbgov Citizen Commission to complete its work to see what impact it will have on these recommendations. Currently, Vbgov is focused on service delivery and commerce via the Intemet. We recommend that this group also address the aspects of citizen communication developed in this recommendation or that a separate work group be developed to analyze/develop/implement the citizen communication components of e-government. The City's Web Master reports that ComIT will be hiring two new staff members in August of 2000 to begin to address e-government. In addition, ComIT staff has discussed the use of message boards and discussion groups but no decisions were made. They have purchased chat room sot'tware but the product needs to be tested and configured which would take dedicated resources. Decisions would need to be made on who would moderate the discussion groups and how to manage/fund that process. ~ Measure citizen satisfaction/receptivity to these initiatives. Projected Costs: Unknown Automatic Messages: Invest in the capacity to send automated messages to telephones throughout the City in both normal times and times of emergency to mform and remind citizens of important issues and events and to send automatic information to citizens online through "narrow casting" technology. This recommendation supports an overall commitment to explore new technologies to enhance the sharing of information with citizens. Process Manager' Department of Communications and Information Technology (ComIT) Action Plan' A Task Force made up of representatives from ComIT, Police, Fire, PIO, etc to ~nvestigate feas~bihty of using this telephone out-calhng service. Telecommumcat~ons/ComIT indicates that the Pohce department is already looking into using "reverse 911" to call specific Citizen Communication and Interrelationships tVork Group Progress Report - October 2000 Page 11 geographic areas of the city with vital public safety information, such as missing persons, hurricane information, etc. (Pohce in the City of Portsmouth currently use this technology). Our Police Department tndicates that the Fire Department has also shown interest in such a system. The Customer Communication Coordinator would be asked to work with Police and Fire and other interested departments tn taking a system wide look at this service and prepare a program proposal, If necessary Use a survey or focus group to measure citizen receptivity to expanding this service beyond the emergency public safety uses. Work with an interested sot~ware and service vendor to become a test site for a "narrow casting" service to c~tizens. This allows persons to s~gn up online to be sent information on a variety of topics, programs, issues, etc. The interested person provides their e-mail address. The City provides the content and the vendor provides the service at a cost per e-mail. The City should pursue testing th~s technology if the contractual arrangements can be worked out. Projected Costs: Telephone: Costs depend on the number of outgoing lines needed. Projections received by the Police Department show a $30,000-$35,000 investment for the software and 12 phone lines with a $50 a month charge per phone hne. Obviously, if the City was trying to reach a large portion of the population, 12 lines would not be sufficient. Narrow casting Service: Initial cost of $10,000 for set-up would be waived by vendor. Cost per e-mail ranges from $.05 to $. 10 each so total cost depends on the volume. Estimate of $2,000 per month for the year long stte test for a total of $24,000. ~ Costs for research to measure citizen receptivity would depend on the methods used. Citizen survey is about $8,000. Two focus groups would be about $7,000. ~ Advertising funds would be needed to inform the public of the service. Estimate $5,000. · City Page: Given the nature and propensity of newspaper and TV news to focus on controversy, dr~una and conflict as well as the difficulty the City has experienced in getting the fullness of its message out, we recommend the formation of a Task Force made up of appropriate City departments to study the feasibility of creating and disseminating a weekly City page in The Virginian-Pilot. The weekly City page would have short informational pieces about City projects, programs, and events as well as be a potential source for public notices about public heatings and the like (sample in Appendix). The weekly City page would be for included in the Hampton Roads section of The Virginian-Pilot. The Virginian-Pilot has a major impact on the City's image and how the City is perceived by the general Hampton Roads public. Many Hampton Roads residents read The Pilot to get information about our city. Placing information in the 'main sheet' ensures maximum exposure and allows us to 'tell our own story.' The City spends more than $400,000 per year on advertising in The V~rginian-Pilot and other publications. It is questionable as to whether we are maximizing or leveraging our dollars properly. Process Manager: Media and Commumcation Group/City Manager's Office Actions Plan: Appoint a Task Force of appropriate City department representatives to evaluate and synergize City advertising in the Pilot. Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 12 · Implement clearinghouse for ad purchases to leverage City assets with an eye toward max~mtzing City ad expenditures. · Implement a full page "City Page" in the V~rg~nian Pilot on a regular basis to include ads and short ~nformational pieces about City projects, programs and events. Prolected Costs' $182,000 for a weekly "main sheet" full page $40,000 in salary and benefits for a Media and Comm. Coordinator and $10,000 to convert the part-trine freelance graphic artist to a full time to coordinate the program with all departments. **It should be noted that there may be additional costs associated with staff charged with oversight of the 'clearinghouse' for all City advertising spending (depending on the Task Force findings and recommendations). There may also be cost savtngs. Citizen Communication With Government Public Dialogue: Experiences with "conununity conversations" and with the dialogues used to develop the Comprehensive Plan and the Open Space portion of the Outdoor Plan suggest increased reliance upon structured public dialogues that build mutual trust and shared understanding. These dialogues support the government employees' preference for face-to-face contact, and they help assure that accurate and early information is the basis of public discussion. They inwte mtizens to be part of the learning as a project evolves and provide feedback as decisions are being made. Public dialogue can be used by both City Cotmcfl and City government employees, it can address fundamental leadership issues as well as neighborhood-level concerns, and it can be the cornerstone of a communications and interrelationship process whose outcome is a belief by c~tizens that they can make a difference in their commumty. The Outdoor Plan model can be a vehicle adapted for all types and levels of dialogue. Process Manager: City Manager's Office (Chief Information Officer, Media and Communications Group and Assistant to the City Manager for Community Affairs and Management Services Action Plan: Citywide Public Dialogues: City Council and City government should pool efforts to sponsor Citywide dialogue on issues of critical ~mportance to the goals of City Council and to the accomplishment of the strategy "Community for a Lifetime." The Outdoor Plan model should be relied upon for the fundamental structure of the dialogues, and anticipated resource reqmrements should parallel the requirements for that model. The dialogues should invite a shared understanding of how alternative actions affect our ability to become the City we desire Understanding rather than consensus will be the predictable outcome of these dialogues Ctty Council Dialogues: City Council members, who volunteer to do so, would lead public meeungs in their respective d~stncts to hear c~tizen input, build consensus around the goals Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 13 of City Council or develop shared understanding about a city-wide issue. The meetings should be led by the City Council member w~th assistance from City government staff. Each meeting should include a time to offer feedback from previous meetings, have a structured dialogue on a chosen topic, and to receive input or questions from citizens about locally important issues. Depending on interest, a training session would be made available for participating City Council members so they can choose the meeting method most appropriate to the chosen outcome. This training would parallel the training recommended for City govemment staff (see recommendation on page 14, Leaming about Communications and Relationship-building Tools). City Counctl members who volunteer to participate in the dialogues should schedule them regularly and frequently so citizens come to anticipate and plan for their occurrence. City staff dialogues: City govemment staff should make use of existing meetings of citizens to address community and neighborhood level issues that require citizen input or participation in the consensus-building or decision-making process. For instance, the Citizen Advisory Councils associated with each Police precinct broadened their membership to include Fire, Housing and Parks and Recreation issues and bring in representatives from other departments when questions. Projected Costs: ~ All of these would require significant commitment of staffand time. City Manager's Office may require additional staff given the additional work. ~ Printing materials $5,000 Customer Service Improvements/Training: Government employees have many oppommities each day to be knowledgeable and caring representatives of the pohcies of City Council and the directives of government. Telephone conversations, face-to-face visits in offices, e-mail and letters provide opportunities to improve both communications and a sense of trust between citizens and government. The recommendation suggests revisiting the proposals developed by the Citizen Inquiry Team and giving priority to the staff training component and current plans for a Citizen Contact System The purpose of the recommendation is to expand the sense of employees' jobs: The "job" of our members to assure a better city, not simply better services from their particular department. Being aware of the major initiatives of other departments, being able to discuss them and make adequate referrals, and sharing information about citizen feedback are all elements of the recommendation. The recommendation derives from the fact that government employees have many "moments of truth" every day on the phone and in person to be strong communicators and build a sense of trust between citizens and themselves. Process Manager: Customer Communications Coordinator with assistance from and the Professional Support Development Team and Human Resources Training Action Plan: The Professional Support Development Team has draRed guidelines and a training manual for consistency in handling telephone calls. This effort is currently under review by the Customer Communication Coordinator. We feel that this is a critical first step to clarify the organization's expectations in these situations and we recommend that this effort receive priority support. Citizen Communication and Interrelationships [Fork Group Progress Report - October 2000 Page 14 Align with and support the work of the team de~,elop~ng a strategic plan for a Citizen Contact System. Projected Costs: More will be known about projected costs when the strategic plan for Clttzen Contact System is completed. Estimated costs for the telephone training ~s $5,000 for the training materials and the cost oftraimng will depend on the demsion to use in-house or outside. This estimate may need to be modified based on actual program and participation. Public Hearings: Public heanngs are required of many City departments. These experiences probably range between one-way presentations with audience questions to structured dialogue among citizens and government representatives. We recommend research to develop an ,anderstand~ng of the current practmes and the legal and regulatory requirements for such hearings. Based on this research, we recommend development of a plan for additional ~ommunicat~on experiences that might be used during these hearings to increase the degree of dialogue among all participants. Adaptation of the Outdoor Plan Model could be one method to enhance the quality of public heanngs. Improved methods of notification and better citizen understanding of the public hearing process are other methods to be considered. The purpose of the recommendation is to find ways that we might go beyond the minimum requirements of the pubhc hearing, so the experience is more meaningful for the participants. Process Manager: Chief Information Officer with support from the City Clerk's Office, City Attorney's Office; Planning; Public Works; Parks and Recreation, and Public Utihties, Community Services Board Action Plan. Formation of a team comprised of two City Council Members; one Planning Commission Member, one Board of Zomng Appeal member, one Community Services Board Member, and one each: City Clerk's Office, City Attomey's Office, Planning, Pubhc Works, Parks and Recreation, and Public Utilities. This team would examine the various types of pubhc heanngs/public meetings currently undertaken to gain citizen input and seek ways to improve the process for all parties. The team would develop a set of guidelines for holding each type of public input process. These guidelines would include: how to enrich the process with dialogue oppommit~es where the law and regulations permit; when to hold each type of meeting to provide meaningful input; legal requirements; advertising requirements; who the players would be in each type of ~nput process; etc. Projected Costs: * M~mmal - less than $2,000 for printing of guidelines. Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 15 I Citizens' Belief That They Can Make a Difference in the Decisions of their Government Learning about Communications and Relationship-building Tools: We recommend that the Human Resources training plans be expanded to include learning for City employees about when and how to usc focus groups, dialogue, surveys etc. to improve understanding and facilitate communication between government and its citizens. Process Manager,: Management Services with assistance from Human Resources Training Action Plan: Offer one training class on the use of focus groups, surveys, and other techniques to gauge public sentiment. Management Services can coordinate identifying an outside trainer and working with Human Resources to provide the training. The training will focus on individuals throughout the organization who will routinely use the training in the performance of their Jobs. Projected Costs: · $10,000 for the outside trainer to train 25 individuals. Early Information Sharing and Citizen Feedback: Any plan that intends to increase citizens' belief that they can make a difference in their government must make a radical commitment to the sharing of information early enough and m ways in which citizens can understand and know how and when to contribute their viewpoints. The recommendation also speaks to the concem for the accuracy of information that citizens have to use in working with government. The combination of early shanng of information and face-to-face dialogue opportunities between members and citizens would combine to create mutual understanding, trust and real learning. Any program of early information sharing and citizen feedback will be imperfect; not everyone will find out about these opportunities and others may only £md out much later that they were actually interested in them. Nevertheless, they offer an opportunity in an imperfect world to invite real citizen engagement at a time when it can be useful to both government and citizens. Process Manager: Chief of Staff with assistance fi'om each Chief and Human Resources Training Action Plan: · Provide training to middle managers and professionals on Completed StaffWork, with a focus on involvement of citizens early in the decision making process. The Completed Staff Work Document, which is an integral part of the Virginia Beach Quality Service System, clearly identifies the need to involve stakeholders in the formation of decisions. Citizens are clearly stakeholders in nearly every dec~sion we make as an organization. Currently a workgroup commissioned by the Chief of Staff is working on the Completed Staff Work Document and should be consulted in developing this training. · Each Chief would identify an issue manager for critical projects/large issues who would be responsible for rewew of information provided to the pubhc for that project/issue prior to ~ts release. The issue manager would be responsible for the conststency and accuracy of the information distributed for that project. Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 16 PrOlected Costs' An existing training contractor has developed a tratning class whmh he has given to several agencies. This could be extended to other departments Esumated cost would be approximately $4,000. Persuasion Versus Information: It is recommended that the government include all sides of an issue when it attempts to educate citizens about indiwdual projects, programs, etc. Education and understanding, rather than persuasion, would be the prevailing ethic. When government designs a public forum, exh~btt or flyer, it would offer pros and cons, identify the antimpated risks as accurately as possible, and explain the rationale for its particular recommendation. In addition, the preparation could include recommended hnks to web sites, publicattons, etc. for addttional informatton. Citizens are already satisfied wtth the quantity of ~nformation they receive. A pohcy that said government's job is to assure an understanding of all sides of an issue would place the government in the position of being a leader in helping citizens choose the furore they want for thetr City. A complementary recommendation is for the Neighborhood Institute to include teaching and sharing sessions that help citizen groups learn how to tell their story accurately and persuastvely. The role of government, in this case, is to invite greater capacity for civic expression. Process Manager: Chief Information Officer with the assistance of all city staff and decision makers Action Plan: Starting immediately, information pieces on decisions and projects published to support dialogues and hearings, or published as stand-along items, should identify the major alternatives which were considered and provide the reader w~th some understanding of why the City made the decision ~t did. Where there is a legitimate risk to the City, that needs to be explained as well and the steps the City took to mitigate the risk d~scussed. Projected Costs: * Minimal Ease of Participation: We live in a world in which the majority of adults in any household are working away from home. Meetings need to be structured to respect the t~me of the citizen. The electronic exchange of information and the availability of daycare at meetings are two ways to speak to the issues of convenience and family life as we pursue increased communication commitments. Process Manager: City Manager's Office w~th the assistance of City Council and Parks and Recreation Action Plan: Establish a team, comprised of a member of the C~ty Clerk's Office, the City Manager's Office, Pubhc Works, Public Utihties, and Management Sermces to develop a process to accept and forward electronic ~nput into processes such as zomng changes; public hearings; Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 17 council agenda items. Many communities have continual "electronic public hearings" where citizen input is collected and forwarded to the appropriate staff and to all council members for use in their deliberations. Request that City Council discuss the establishment of a pilot program with night only Council meetings. This might maximize the opportunities for cittzen involvement. Request that Parks and Recreation conduct a three-month pilot program to provide "day care" at Council Meetings, whether held only at night to create a "family friendly" environment. Projected Costs: The establishment ora process for electronic public heatings should be relatively inexpensive, however some staff time will be required to handle the actual programming on the web site. $3,000 would be needed for advertising the service. * Having all City Council meetings at night or on the weekend will increase the use of overtime for staff. Estimated cost of"day care" at meetings would be approximately $30 per hour (includes staff and supplies) and assumes that space would be provided in either City Hall or in a Human Resources Training Room. An average three hour meettng would cost $90. Parks and Recreation suggests that this service be limited to children ages three (potty trained) to 12 years old. Children older than 12 could attend the meeting itself. To recoup part of the cost a nominal fee could possibly be charged for the service. Educating Children about Government: It is a recommendation to restructure programs such as "Job Shadowing" and "Official for a Day" that are shared between the government and the public schools. Building civic mindedness among our children may be a profoundly important investment in helping to build a "Community for a Lifetime." It is recommended that whenever students join members of government, the members of government be furnished with a set of guidelines for topics relating to communications and interrelationships that can be shared with the children. This approach could be expanded to include contacts with curriculum planners and civic teachers to extend the concept into the classroom. Process Manager: Youth Opportunities Office with the assistance of City Council and Human Resources Training Action Plan: ~ Develop a set of guidelines for use by City Staff when participattng in programs such as Job Shadowing Day and Official for the Day. These are opportunities to share with the children of our community, not just what the staff person does for a hving, but also why they are in local government. We can share the concept of e~vics and why it's important. These are opportunities to improve communications, understandtng, and interrelationships within our community. Contact the public school system and private school cumculum planners to see if there is interest ~n extending civic education into the classroom. P, rojected Costs: Minimal ! Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 18 I Civic Toolkits: The outcome of this recommendation is the creation of a new cadre of community leaders who know about processes of civic dialogue, understand how to learn about complex civic issues, and understand how to affect the decisions of government. The recommendation sees the role of government as a teacher, trainer and catalyst for c~v~c action. It speaks directly to the concern expressed in the Communications Survey that citizens may not know "how" to be effective in influencing their government. It envisions the creation of instructional "toolkits" for use by civic and cultural groups to improve meeting planing, increase the level of civic discourse, and have an increased rate of success in working with government. It suggests an expansion of the role of the Neighborhood Institute to be that of a "civic academy" for the City of Virginia Beach. It responds to the relatively Iow level of citizen involvement with government and the relatively low level of citizen interest in working with other citizens on civic issues. Its outcome would be a measurable change in the belief that citizens can influence their government. One product that would be required would be an instructional manual that would support the teaching as well as reinforce the learning. The recommendation is directly linked to the development of civic instruction programs on VBTV 48. Process Manager' Department of Housing and Neighborhood Preservation with assistance from Management Services Department Action Plan: Housing and Neighborhood Preservation and the Virginia Beach Council of Civic Leagues, should develop a packet of information which can be handed out to civic leagues and neighborhoods. This would involve a folder into which brochures/informational sheets could be slipped. These then would be available through Housing, Libraries, and the City Manager's Office. Some of the information contained could be, but would not be limited to: how to form a civic league; how to be designated a tax exempt organization; suggested meeting rules; last of potential "meeting places"; city contacts for "basic" information (i.e. budget, zoning issues, e-gov, road construction); city web sites and other communication tools; a list of reference materials which would provide information to the civic league (i.e. Books, articles, web sites); list of Council Members and how to contact them; and the city's mission and goals. Projected Costs: ~ $15,000 for printed materials. Citizen Advisory Boards: Citizen advisory boards and commissions are comprised of people who are willing to be civic leaders. It is recommended that all c~tizen advisory board members be briefed on "Community for a Lifetime" and be invited to see their work as one part of an overall community initiative. It is also recommended that the recruitment program be expanded to bring new names into the pool of potential participants, and that government respond to all individuals who offer their names so they are aware of the status of their opportumty. Finally, it is recommended that we develop a program that helps define and nurture the relationship between the advisory groups and City Council. Members of c~tizen advisory groups are our frontline civic participants. They are an obvtous place to begin improving communications and relationships. Citizen Communication and Interrelationships ~Fork Group Progress Report - October 2000 Page 19 [ Process Manager' Chief of Staff with the assistance of the City Clerk, the Volunteer Counc~l, the VBQSS Coordinating Center (VCC) and Human Resources Training Action Plan: ~ Request that the City Council discuss methods to increase citizen partmipation on various boards, commissions, and citizen advisory groups through their appointment process, to encourage active participation in government decision making. Provide training to citizen advisory groups on City Council's goals, the Virginia Beach Quality Service System (VBQSS) and the City's Strategy. A workgroup for Organizational Learning and Development has interviewed staffliaisons from a variety of Council appointed Boards and Commissions to determine what they need to understand about the Virginia Beach Quality Service System to effectively fulfill their role. Recommendations on specific training and who would provide the training are still under discussion. Extend s~mflar training to c~tizen advisory groups as well as Council appointed Boards and Commissions. Projected Costs: Minimal in th~s fiscal year. Follow-up from Speaking Engagements: City staff will always be invited to speak before civic groups. It is recommended that we equip these "speakers" with several methods that might make their visits more effective from a communications and interrelationships perspective. We propose that speakers take citizen response cards along in order to record unanswered questions and to refer the questions to appropriate staff the following work day. The proposal assumes a parallel process for quick response back to the citizen who originated the question. In addition, we recommend that speakers be trained to convert "speeches" into more interactive sessions that practice dialogue among citizens as well as with the speaker. Finally, we propose that speakers systematically share wathin the government any learning that they derive from the meeting. Lead: City Manager's Office/Assistant to the City Manager for Community Affairs Action Plan: Provide copies of the sample card below to city staff to use at all public speaking engagements. Completed cards to be returned to the City Manager's Office either by mail or by the speaker. The City Manager's Office will track the questions and the response back to the citizen. It is of critical importance that city staff understands the need to respond in a timely fashion to citizen questions, even if the response is only that they are working on the answer. An open discussion at a Department Leadership Meeting would help convey this message. The cards should be handed out at that time. Citizen Communication and Interrelationships F~ork Group Progress Report - October 2000 Page 20 I Sample Follow-Up Card Follow-up Questions We undersUmd that you may have unanswered ques'aons or conc~ fi'om tlus chscusston, or that ther~ maybe other areas wh~re you would hk¢ mfonuauon Please fill out the tvmamder oftlus card and r~-urn ~! to the speaker, or marl ~t to the address on the r~verse s~d¢ and someone wtil contact you w~n ~h¢ w~k You may aho request mt'orm~on v~a the Interact a! www v~muua-beach, va.u~ Qu~suon How we may comact you Nltln¢ Ad.ss Phone Number Emad Projected Costs: * $1,000 for printing of cards. City Manager's Office may require additional staff to process and track comment cards in order to maintain a reasonable response time. Top Six Priorities There are 17 recommendations with specific actions identified within this report. We recognize the need to provide focus to the City's efforts in improving communications and interrelationships within our community. Toward that end, the Team used a nominal voting method based on personally developed criteria to narrow its recommendations to a smaller set. We considered the relative impact upon communications and interrelationship outcomes, cost, relative timing, related activities in the community and the need for sequencing in selectmg six priority actions: - Create Civic Tool Kits; - Develop Public Dialogue; - Enhance VBTV; - Provide Customer Service Traimng; - Provide Early Information Sharing and Citizen Feedback; and - Create a "City Page" in the newspaper. Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 21 I Among the other recommendations are some which simply should be done and have little d~rect cost (i.e. Persuasion Versus Information, Cittzen Adwsory Boards, Follow-up from Speaker Engagements). There are others where an oppormmty to accompltsh the action will present ~tself and should not be missed. We view these recommendations as evolutionary. They will need to be reevaluated and mo&fled over time. We have made specific recommendations for feedback and discussion with the citizens of the community. These actions represent specific points among a system of communications efforts. Our survey shows that overall we are doing a good job, but that there are areas for improvement. We need to support current efforts while talcing specific steps on these actions. Citizen Input/Verification As was noted in the beginning of this report, citizen d~alogue or focus groups should be conducted prior to implementation of the recommendations in thts report. Although citizen input occurred through surveys, it is important to ensure that the recommendations address the citizen's needs from their perspective. The Citizen Communication and Interrelationship Work Group will be responsible for validating the recommendations through citizen dialogue and the cost is estimated at $10,000. It is also recommended that the c~tizen communication survey conducted by this work group serve as a benchmark and be conducted again after implementation of the recommendations. Where We Go From Here - Calendar October November December January Present Initial Recommendations to City Council Obtain citizen and member feedback on the recommendations; citizen feedback through focus groups and member feedback through the Department Leadership Meeting. Develop Program Proposal for the budget process Develop final sequencing recommendations and an overall time line for actions. Presentation of final recommendations to City Council and the Budget Caucus Monitoring/Measuring of Implementation It is recommended that monitoring the implementation of these recommendations be the responsibdity of the Chief Information Officer through the Public Relations and Marketing Commons Policy Team. Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 22 · I Submitted by the Citizen Communication and Interrelationships Work Group Co-Leaders: Diane Roche, City Manager's Office/Media and Communications Group Pam Lmgle, Department of Convention and Visitor Development Members: Tommy Cubine, Community Services Board Kathleen Hassen, City Manager's Office Karen Lasley, Department of Planning Rich Nettleton, Department of Public Utilities Chuck Penn, City Manager's Office/Media and Communications Group John Stewart, Department of Public Libraries Catheryn Whitesell, Department of Management Services Carol Williams, Department of Housing and Neighborhood Preservation Facilitator: Wade Kyle, Department of Public Works Recorder: Aileen Petty, Department of Public Works Citizen Communication and Interrelationships Work Group Progress Report - October 2000 Page 23 T 0~. OUR MINUTES VIRGINIA BEACH CITY COUNCIL V,rg~n~a Beach, V~rgm~a October 24, 2000 Mayor Oberndorf called to order the CITYMANA GER'$ BRIEFING re CITIZEN COMMUNICATION$ AND INTERRELATIONSHIPS tn the Counctl Conference Room, CttyHall Bmldmg, on Tuesday, October 24, 2000, at 2 30 P M Council Members Present Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mandtgo, dr, MayorMeyera E Oberndorf, Nancy K Parker, V~ce Mayor Wtlham D Sessoms, Jr and Rosemary W~lson Counctl Members Absent Wzlham W Harrison, dr [0 UT OF CITY WITH SON] Reba S McClanan [0 UT OF CITY] -2- CITY MANAGER'S BRIEFING CITIZEN COMMUNICATIONS AND INTERRELATIONSHIPS 2:30 P.M. ITEM # 47263 Dtane Roche, Asststant to the Ctty Manager for Medta and Commumcattons, advtsed the Citizen Communications and lnterrelationships Progress Report was developed by a cross departmental team Ms Roche, Co-Leader, introduced the members of thts team Co-Leader Pam Lingle Department of Convention and Visitor Development Tommy Cubine Community Services Board Kathleen Hassen City Manager's Office Karen Lasley Department of Planning Rich Nettleton Department of Public Utilities Chuck Penn City Manager's Office/Media and Communications Group John Stewart Department of Public Libraries Catheryn Whitesell Department of Management Services Carol Williams Department of Housing and Neighborhood Preservation Facilitator Wade Kyle Department of Public Works Recorder Aileen Petty Department of Public Works Ellis Hinnant-Will Citizen Advisor John D Stewart, Operattons Manager- ?ubhc Ltbrartes, advtsed the quahty of commumcat~on between ctttzens and elected offictals and between ctttzens and government employees ts of paramount tmportance Representative government works best m an envtronment of openly shared mformatton wtth v~ewpotnts of mutual understandmg and trust The strategy document entttled "Community for a Lifetime"proposes an outcome strategy that speaks dtrectly to th~s envtronment We facilitate citizen communication, learning and engagement by creating forums for honest and open dialogue on community issues by ensuring inclusion with an equal awareness and knowledge, as well as by providing appropriate methods and tools. October 24, 2000 -3- CITY MANAGER'S BRIEFING CITIZEN COMMUNICATIONS AND INTERRELATIONSHIPS ITEM # 47263 (Continued) This outcome was assigned to the Public Relations and Marketing Commons Policy Team for action The Commons Policy Team formed a subgroup called the Citizen Communication and Interrelations Team in duly-August, 1999 This Policy Report contains the recommendations of&at Team DESIRED OUTCOMES Communication: Citizens aware of city services, programs and events Citizens understand all sides of complex clvlc pohcy Issues Civic Engagement Citizens engage with one another and government in deliberation about civic pohcy Issues Civic Capacity Citizens feel they can make a &fference in civic Issues Member Capacity: Citizen and City employee~ experience open and easy commumcat;on wtth each other Government members have the dolls, tools and capacity to bulM positive relationships with citizens The Policy Team will Incorporate the latest opinions of City Council and will combine the results of this Briefing by meeting with citizen groups and staff members to assure recommendations are coherent with everybody's needs The Team anticipates returning in danuary with the final report A statistical valid survey was conducted by Nancy Glassman - Continental Research, involving 323 adult residents Variations of this same survey were unhzed m conversations with a number of targeted stakeholder groups throughout the City. 82% are generally able to obtain the information they need to keep up-to-date on City services, pohctes and projects 84% are satisfied with how easily they can communicate with the City While 71% think the City is interested in their opinions and suggestions when malang Important decisions, nearly one-third of respondents indicated government was "not interested" tn these opinions The relative number of negative responses suggests room for improvement The survey also indicated that holding a behef that government wants to hear their opmon and knowing how to express that opinion effectively are two different things Over 'half of all respondents indicated they did not know "how" to influence decisions Of the 323 people who participated in the Communications Survey, 226 individuals indicated they had made some effort to contact the government in the past year. Research on these types of opportumt~es in other cities around the country, indicates Vlrglma Beach is not alone The Team has developed seventeen (17) interrelated recommended actions addressing the four outcomes The recommended actions are the six priorities in bold October 24, 2000 -4- CITY MANAGER'S BRIEFING CITIZEN COMMUNICATIONS AND INTERRELATIONSHIPS ITEM # 47263 (Continued) Citizen Communication and Interrelationship Report Recommendations Matrix OUTCOMES Commumcat~on C~wc Capacity Member Capacity Ctnzen Engagement Government's Communication with Citizens Meetings wtth ./' Prmt/TV Med~a Newspaper Insert/Home Mathngs Enhance Programming on VBTV Electromc ./ ./ ./ ./ Government Automated ./ Messages City Page in Newspaper Citizen Communication with Government Public Dialogue Customer Service Training Pub hc Hearings ./ ./ Citizens' Belief that They Can Make a Difference in the decisions of Government Learmng about ./' ~' ./ Communtcattons and Relat~onshtp- bmldmg Tools Early Information Sharing Persuasion vs ~; / ./ Informatton Ease of Parttc~patton Educating ,/' Chtldren about Government Civic Tool Kits ./ ./' C~t~zen Adwsory ./ Boards Follow-up from ./ Spealang Engagements October 24, 2000 -5- CITY MANAGER'S BRIEFING CITIZEN COMMUNICATIONS AND INTERRELATIONSHIPS ITEM # 47263 (Continued) Enhance VBTV Description VBTV to become primary source for news/information on civic issues, provide mstrucnonal programs to support Civic Tool Klts, and make pubhc dialogue available in homes across the City Actton Cover additional events news, public meetings, hearings, dialogues and produce additional single-topic programs annually City Page Description Publish weekly "City Page" ad in Virginian-Pilot to inform citizens about City projects, programs, events, hearings, workshops, rinse awareness about pubhc notices increase effectiveness of advertising dollars Action Media & Communications Group to lead cross departmental planning initiative Public Dialogue Description Structure public dialogues to boost shared understanding about City projects, programs, services and enable feedback on issues, budd mutual trust Action City wide dialogue on critical issues Council Member dialogue to hear citizen viewpoints Staff dialogue to address community and neighborhood issues Customer Service Training Description Everyone's '~ob " to assure a better City, not simply conduct department business Members need stalls to make every phone call, letter, e-mad and face-to-face conversation into an opportumtyfor clear communication and development of trust Action Initiate training proposed by Citizen Inquiry Team and align with work being done on a Cttlzen Contact System October 24, 2000 -6- CITY MANA GER'S BRIEFING CITIZEN COMMUNICATIONS AND INTERRELATIONSHIPS ITEM # 47263 (Continued) Early Information and Citizen Feedbacl~ Description Share information early enough for cmzens to understand Issues and contribute to solutions Actton Completed staff worlt - commitment to stalteholder involvement and training to make it happen Civic Tool Kits Description Increase cadre of community leaders who know about processes for civic dialogue, know how to learn about complex civic issues and how to affect the decisions of government Actton Develop instructionalpackage as outgrowth of Nelghborhood lnsatute and distribute through civic leagues, libraries and the Ctty Manager's Office Davld Sulhvan, Chleflnformanon Officer, advtsed there are many linkages in this report, l e E-Government However, public deliberation on complex clwc issues is not meant to be instantly decided by an immediate citizen poll There are techniques being reviewed through the Mayor's E-Government Commission to respond to citizen requests as many E-mad inquires are specific service requests The technology has moved forward faster than the cmzens and government can adapt An automatic response system for E-mail can be developed Diane Roche advised 50% of the respondents surveyed received their main source of reformation from The Virginian-Pilot The City Page will appear in the Hampton Roads section, not The BEACON Chuck Penn advised Tucson, Arizona, ts employmg this method very effecnvely A full page appears every Sunday Abdene, Texas, utdtzes a 'half page ad Mr Penn displayed examples The purpose of the FAQ sheet ts to explam a very complex ~ssue or concept m detad This City Page might hnk to an FAQ, hstmg many lnternet rote hnks Factual mformat~on appearing m the City Page would be beneficial to the c~ttzens Commumcatton ts a top priority for the City Councd The City Councd cannot respond to all the E-mad received COMIT can assist m replying to some of these issues with the unhzatlon of technology (filtering) 76. 8% of the households have access to the lnternet The City Page rs a wable tool, however the long range plans must include electromc procedures The City needs to be able to tell their own story The concept of a "voice poll" was suggested Mr Sulhvan adwsed the schools have been utdtzmg the "polhng m" feature and it is vahd on some issues Mr Stewart advised structured dialogue assists tn deahng with the consequences, ~ e cost Pubic d~alogue can be designed as a tool to open understanding Mayor Oberndorf expressed appreciation to the Staff Th~s rs an exciting concept The Dady News and The Pdot have the advantage of growmg and shapmg the story This rs repeated on news broadcasts Therefore, this news becomes the reality October 24, 2000 -7- CITY MANAGER'S BRIEFING BENEFITS REVIEW AND GAINSHARING ITEM # 47264 3:35 P.M. Fagan D Stackhouse, Dtrector- Human Resources, advtsed an Internal Benefits Review Committee has been developed to assess and recommend benefit program changes and potenttal enhancements Employee benefits are essenttal components of a total compensatton package whtch mcludes base pay, quahty worlang condtttons, opportumt~es for recogmtton and career development for ali ehgtble members Pertodtc assessment of the Ctty's benefit program estabhshes an opportumty to tdent~fy and subsequently tmplement those programs and enhancements that can heIp pos~t~on the Ctty to be one of the most competitive mumctpal employers m Hampton Roads Current Benefits Picture Fiscal Year 1999 77% 17% 5% I% Mandated Benefits Leave Incenttves Pay Allowances/Awards Programs Why Review our Benefits Program? To assess all program components as a whole system To mcrease mdtv~dual chotces and provtde more benefit chotces To matntatn a quahty workforce (attractmg and retamtng talenO The statewtde Compensatton and Benefits Survey for 2000 reflected turnover rates are exceedmg 17% on average for all mdustrtes and non-for-profits (governments, et cetera) Future technology wtll allow greater capactty of benefit and program offermgs Employees' hfestyles and value structures are changmg Studtes show that nearly 50% of all Amertcans may need some form of long-term care durmg thetr h fettLe (a benefit not offered to our employees) A stgmficant gap emsts m mamtam~ng mcome when non-duty dlnesses and tnjurtes occur A recent member survey tn&cates a cluster of benefits and enhancements destred by staff Member Survey Results Full-ttme employees tndtcated they wouM be tnterested m recetvmg the followtng benefits m addttton to thetr extstmg benefit package, understandmg that they wouM pay the addtttonal costs Long-Term Dtsabthty 45% Short-Term Dtsabthty 35% Cancer Care 31% Adult Care 11% Cafeterta-Style Plan 38% Long-Term Care 32% ChtM Care 29% Benefits Employees would most hke to see added or enhanced Dtsabtlrty Insurance Health Insurance Dental Insurance Chtld Care V'tston Insurance October 24, 2000 -8- CITY MANAGER'S BRIEFING BENEFITS RE VIE W AND GA INSHARIN G ITEM # 47264 (Continued) Total Benefits Review Worl~force Structure A Steering Committee, which consists of the Chief Financial Officer, Chief of Staff Chlef Fmanclal Officer of Schools', Assistant Superintendent of Schools Human Resources and the City's Human Resources Director, will oversee the review A Strategy and Guidance Workgroup, consisting of Human Resources, Benefits Office, Information Technology, Payroll, Legal, Purchasing and Member Commumcattons representatives, wdl develop and guide the review A Technical Support andApphcation Group will implement the strategy an details for program execution Mr Stackhouse referenced correspondence of the Ctty Manager to the Mayor andMembers of City Council, recommending favorable consideration to provide Gainsharing to ehglble City employees Action Steps Establish voluntary benefits (e g, long term and short term care) by danuary 1, 20002 Continue Gainsharing program through December 31, 2000 Develop benefit choice program to be phased m, starting January 2003, providing employees choices for benefits In early September, the unaudlted financlal statements for the year ending June 30, 2000, were provided At that time, the staff indicated the City Council's General Fund Balance Pohcy had been met with SI- MILLION above the 75% poliqv levd W~th City Councd 's approval, Gainsharing for this year couM be payable from this $1-MILLION Consistent with the City's pohcyfor Gainsharing, ten percent of the dollars avadable for sharmg are set aside to fund a Special Productivity Incentive Account which can be utthzed to fund creative mmattves which can save the City dollars orprovide stgmficant service improvements City Council's approval would provtde Gainsharing in the amount of $18$ for full-time employees and $9Z 50 for part-time employees to be paid on November 30, 2000 This Ordinance shall be scheduled for the City Council Session of November 7, 2000 October 24, 2000 -9- CITY MANAGER'S BRIEFING INTELLIGENT TRANSPORTATION SYSTEM ITEM # 47265 4:05 P.M. E Dean Block, Director of Public Works, advised development of a Master Plan for Intelligent Transportation Systems that wdl serve the commumty These Intelligent Transportation Systems (ITS) use computers, mformat~on technology and advanced management systems to increase the safety and efficiency of transportation systems and networks Mr Block recogmzed Bob Guy and Frankhn H~ckman of Traffic Engmeenng Mr H~ckman ~s the ProJect Manager for the Intelhgent Transportation System Steve Shapiro - Frederick R Harris, Inc consulting firm, introduced Carol Crowe - Frederick R Harris, Inc and Larena Burno - Mdes Agency Mr Shapiro referenced the sm (6) tasks o fiTS Task 1 Outreach and Determination of ITS Goals and Objectives Leadershtp Briefing Elected and Appointed Officials Business Community Leaders Leaders of the Multlcultural Commum ty Meet wtth Local Stakeholders and hsten to their transportation problems, goals and objectives Estabhsh a ProJect Steering Committee Task 2 Document Existing Conditions Incident Management Network Concept of City Departments wodang together Transportation Systems S~gnal System Eqmpment Major Traffic Generators Large Park and Ride Facilities Intermodal Facdtt~es Evacuation Routes Commumcat~on Networks City's Traffic Signal Interconnect City's Commumcation Networks (LAN/WAN, Radio, Broadcast Fax) VDOT's Commumcat~on Infrastructure Transportation Information Networks Hampton Roads A TIS~Metro Traffic Smart Traffic Center Web Stte HAR TV Stations Task 3 Identify Transportation Problems and Needs Stakeholder Comments Quantitative Data October 24, 2000 olO- CITY MANAGER'S BRIEFING INTELLIGENT TRANSPORTATION SYSTEM ITEM tt 47265 (Continued) Task 4 Determine ITS Options Determme Candtdates Revtew Modern Traffic &gnal Control Systems and other Intelhgent Transportatton and Systems tn Comparable Crees Screen Candidates Task 5 Define Functional Requirements and High Level System Architecture Select Bastc Functional Requtrements Customtze Functional Requtrements Identtfy Htgh Level systems Architecture VDOT's Regtonal ITS Archttecture Complementing VDOT's Regtonal ITS archttecture conststs of VDOT Smart Traffic System, Tunnel/Bridge Management Systems, Transit Authority Systems, Regional Multimodal Management Systems, City Traffic Control Systems and Regional Multimodal Traveler Information. Task 6 Develop a Prioritized ITS Master Plan Master Plan Deployment Plan Implementatton Plan Mayor Oberndorf advtsed the Vtrgmta Mumc~pal League (VML) wtll request the General Assembly to allow all ctttes and towns to be able to perform the robottc catching of drtvers "running red lights" at intersections Mr Shaptro advtsed thts couM be mcorporated into the Intelligent Transportation System Red hght cameras work Dewces are currently being tested to automatically tssue speechng ttckets The Rtchmond system, wtth a very mtenstve commumcattons infrastructure and hardware encompassed wtthm the traffic stgnal, cost from $5 to $10-MILLION Cost esttmates wtll be provtded relattve Dynamic Message stgn untts on major arteries whtch not~f-y drtvers of acctdents An esttmate wdl be prowded relattve delay reduction per drtver afforded through ITS October 24, 2000 -ll- CITY MANAGER'S BRIEFING FERRELL PARKWAY name change to NIMMO PARKWAY 4:40 P.M. ITEM ii 47266 Thomas Pauls, Comprehenstve Planmng Coordmator, advtsed the name of the sectton of Ferrell Parkway existing in the Kempsville area will not be changed. Ferrell Parkway has been tdent~fied m a number of documents Capttal Improvement Program, Master Transportatton Plan, to be extended to what ts now Princess Anne Road, down to the Judtctal Boulevard lntersectton near the Judtctal Center, then proceed east over to General Booth Boulevard and then points east from there Mr Pauls dtsplayed a map whtch mdtcated the port, on of Prmcess Anne Road, whtch ts now north of Ferrell Parkway and the portton of Prmcess Anne Road that ts south of Sandbrtdge, wouM be btsected wtth no Princess Anne Road m the mtddle Therefore, the concept ts to have Ferrell Parkway remain in Kempsville, keep the name Princess Anne Road from its connection at the City of Norfolk line all the way down to the North Carolina line, and then the portion of an "east/west"planned road depicted on the Master Transportation Plan, would be modified from the Judicial Boulevard and Ferrell length that exists today to Nimmo Parkway. Th~s ts an 8 ~ mtle stretch The planned roadway wouM go from Indtan Rtver Road, parallehng North Landmg Road, cont~numg past the Judtctal Center across West Neck Creek and then over to the General Booth Boulevard area Mr Pauls emphastzed thts ts a "name change" only and does not affect any land change pohctes Ferrell Phase Il down Princess Anne Road wouM be renamed to Princess Anne The name change would be effective March 1, 2001 The name "Nimmo" ortgmated when George Washington was Prestdent In 1791, Anne Nimmo conveyed one (1) acre of land to the Soctety of the Members of the Methodtst/Eptscopal Church for five shdhngs Councd Lady Henley advtsed thts concept was dtscussed wtth a group of ctttzens tn Dtstrtct 7 The majortty was m favor of th~s tdea Thts tssue was mcluded on the Sandbrtdge Ctvtc League Agenda on Saturday mormng, October 21, 2000 Councd Lady Henley dtd not hear any negattve comments Mr. Pauls advtsed there ts a roadway development, "Courthouse Loop" George Mason Drtve extended up to what ts now the dudtctal Termtnus wdl have an "L " shaped connectton Thts development ts scheduled to be completed th~s comtng Summer 2001 The WalMart ts planned to open tn late March and the connection of what wouM be Ferrell Parkway to that facdtty wouM obvtously need to change tts name from Ferrell Parkway I4rhat was Ferrell Parkway Vacross West Neck Creek ts slated tn the Capttal Improvement Program (CIP) to be butlt tn the year 2005 All the businesses located on the Parkway have been nottfied October 24, 2000 -12- AGENDA RE VIEW SESSION 4:50 P.M. ITEM # 47267 J1 Ordinance to estabhsh a Super Hornet Commission re defimng the membershtp, purpose and dtssolutton thereof, and, to adopt the Commtsston's bylaws Thts ttem wtll be dtscussed durtng the Formal Sesston ITEM # 47268 d 5 a Ordinance to authortze temporary encroachment Shore Ventures Associates, LLC into a paper street, known as Ptedmont C~rcle, and, a portton of Crab Creek to construct and mamtatn an access pter, pier and proposedfingerpters Vice Mayor Sessoms referenced the petmon tn opposmon Thts ttem will be dtscussed durmg the Formal Sesston ITEM # 47269 J 60r&nance to RATIFYamendments to the Bylaws of the Parks andRecreation Commission, as approved by the Commtsston on September 13, 2000 Council Lady Henley wtshed the references relattve "open space" be removed from the amendments ITEM # 47270 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES d 20rdmance toAMEND the C~ty Code3~ 35-114,35-115,35-118, 35-119 35-120, 35-121 and 35-122, ADDING 3~3~ 35-115 1-and 35-115 2 to rewse the manner tn whtch the local utility tax on electrtc and natural gas servtce rs calculated J3 Ordinance to A UTHORIZE the Ctty Manager to execute a lease between the Vtrgtma Beach School Board and the C~ty for the Pungo-Blackwater Library Creeds Elementary School Media Center. J4 Ordmance to AUTHORIZE the Ctty Manager to execute the jomt procurement durmg the ptlot pertod, execute and dehver the dotnt Powers Agreement, admtmster the projected savmgs and obhgate the annual approprtatton re purchase of electrtctty for the "PILOT" program of the Vtrgmta Mumctpal League (VML) ~md V~rgmta Assoctatton of Counttes (VACO) d 5 b Ordinance to authortze temporary encroachment Glover Industries, LLC mto a portton of the Ctty's rtght-of-way and variable w~dth easement, known as the Lake Gaston Ptpehne, tn darrett, Vtrgmta, to allow for placement and maintenance ora support structure and conveyor system October 24, 2000 -13- AGENDA RE VIEW SESSION ITEM # 47270 (Continued) J 6 Ordinance to RATIFYamendments to the Bylaws of the Parks andRecreation Commission, as approved by the Commission on September 13, 2000 J 70rdtnance to ACCEPTandAPPROPRIATE a $150,000 grant from the Federal EmergencyManagement Agency (FEMA) to the Ftre Department's FY 2000-2001 operating budget re support operations of the V~rgtma Task Force No 2 Urban Search and Rescue Team J8 REFUNDS a Ltcense- $26,962 O1 b Tax - $ 3,193 99 RESOLUTIONS K 1 Resolution re ~ssuance of the DevelopmentAuthonty's Industrial Development Revenue Bonds Sertes 2000 Global Techmcal Systems ProJect not to exceed $3,500,000 K2 Resolutton to MODIFY the compostt~on of the Virginia Beach Community Criminal Justice Board to ADD the Ctty Manager, or hts destgnee, to the Board's membershtp by appointment of C~ty Councd K3 Resolutton to support a fee payable to host localities for servtces prowded to the Virginia PortAuthority; and, request Governor Gdmore to include funding th~s fee m the 2002 budget amendments to be cons~dered by the General Assemb ly during ~ts 2001 Session K4 Resolutton to AUTHORIZE and DIRECT the Ctty Manager to s~gn the North Landing River Use Conflict Memorandum Of Agreement wtth the C~ty of Chesapeake, Hampton Roads Planmng D~stnct Comm~sszon (7-IRPDC), and other federal and state agencies Item J 7 wdl be ADOPTED, AS AMENDED, B Y CONSENT October 24, 2000 -14- AGENDA RE VIEW SESSION ITEM # 472 71 L 1 RECONSIDER: Apphcattonsforproperty at In&an Rtver Road and Forman Tratl (DemedAugust 22, 2000 (PRINCESSANNE- DISTRICT 7) a, TOWNE DEVELOPMENT CORPORATION / CARL SCHUBERT Change qf Zomng D~str~ct Class~ficat~ on from A G- 2 Agrtcultural Dtstrtct to R-15 ResMenttal D~strwt, containing 26 6 acres b TOWNEMILLDEVELOPMENTLLC Condtttonal Use Permtt for an open space promotion, containing 37 acres Counctl Lady Henley referenced an error tn Con&tton 1 Stephen Whtte, Planning, advtsed the first condttton neglected to include the last sentence The sub&vtston shall be developed as shown on the plan enntled, "Prehmmary Exhtbtt of Dewberry Farm, "by Kellam Gerwttz Engmeermg, Inc dated Apnl 12, 2000 The plan may be modtfied to provtde left and rtght turn lanes and rtght-of-way de&carton as determined necessary by the C~ty's Traffic Engineering Dtvts~on The plan must be revised so that all lot area is outside of the floodplain as defined in Section 5B of the Site Plan Ordinance. ITEM # 47272 L 2 Apphcatzon of KENNETHA. HALL and S&S ENTERPRISES for the dtscontmuance, closure and abandonment of the following streets (ROSE HALL - DISTRICT 3) a Second Street (1) begmnmg at the western boundary of Butternut Lane eastward to the western boundary of Spruce Street begmnmg at the eastern boundary of Spruce Street eastward to the western boundary of Pme Street b Spruce Street begmnmg 400 feet south of Bonney Road southward to the northern boundary ofi-264 L 3 Apphcatton of TIDEWATER IMPORTS, INC. - HALL AUTO WORLD BODY SHOP for a Condtttonal Use Permtt for an automobile repair facility located at the southeast corner of Butternut Lane and ummproved Second Street (ROSE HALL - DISTRICT 3) Vtce Mayor Sessoms requested theses ttems be DEFERRED INDEFINITELY ITEM # 472 73 L4 Apphcatton of SHORE VENTURES ASSOCIATES. L.L.C., for a Conditional Use Permit for a community boat dock at the intersection of Lynnhaven Promenade and Ptedmont Ctrcle on Lots 6, 7, 8, 9 & 10, Block 3, Section A, Ocean Park, containing 24, 296 square feet (BA YSIDE - DISTRICT 4) Counctlman Jones advtsed tf there are no speakers, thts ttem wtll be APPROVED, BY CONSENT October 24, 2000 -15- AGENDA RE VIE W SESSION ITEM ii 47274 L 6 Apphcat~on of MORE THAN CONQUERORS CHURCH for a Conditional Use Permit re a church on the east sMe of Holland Road, north of Shtpps Corner Road (3208 Holland Road), containing 5 4788 acres (PRINCESS ANNE - DISTRICT 7) Council Lady Henley referenced the apphcant wishes to operate a church for a maximum of 75 to 100 persons tn a umt of an exttmg retatl shopping center Council Lady Henley wishes to have the condition of 55 people remain No more than 55people shall be present at the church at any one time The apphcant shall submit an annual statement to the Zonmg Admlmstrator indicating that the current membership of the church ts at 55 people or below Th~s Item w~ll be d~scussed during the Formal Session L 7 Apphcatton of WOODFINHEATING, INC.,for a Condmonal Use Permit re automobile service station (fuel sales) at the northeast corner of Lynnhaven Parkway and Southern Boulevard, containing 41,295 square feet ('BEACH- DISTRICT 6) Councilman Branch advised the applicant has requested WITHDRAWAL However, Attorney R J Nutter wishes to speak to request this Withdrawal Councilman Branch wished this item be moved forward before Item L 6 Councilman Branch wishes to comment during the Formal Session ITEM # 472 75 L 8 Apphcat~ons of ARMADA/HOFFLER HOLDING COMPANY (PRINCESS ANNE - DISTRICT 7) Modification of Proffers placed on the June 14, 1994, approved Change of Zonmg D~str~ct Classifications from A-12 Apartment District and B-2 Commumty Busmess District to Conditional B- 2 Commumty Business District Clasmficatlonfor Bel-Aire, Inc. & King's Way Corp. at the northeast corner of Dam Neck Road and General Booth Boulevard Discontinuance, closure and abandonment of Dam Neck Station Road beg~nmng on the eastern boundary of General Booth Boulevard and running tn an easterly direction to the eastern terminus, containing 1 336 acres This item will be DEFERRED INDEFINITELY ITEM # 47276 L10 Apphcat~on of COMMERCIAL INVESTMENTPROPERTIES, L.L.C. for an Amendment to the Green Run Land Use Plan to allow .fuel sales tn conlunct~on w~th a convemence store at the southwest intersection of Buckner Boulevard and S Rosemont Road, containing ! 6 acres (PRINCESS ANNE - DISTRICT 7) Counctl Lady Henley advised it is requested that thts ~tem be DEFERRED until the City Council Session of November 28, 2000. October 24, 2000 -16- AGENDA RE VIEW SESSION ITEM # 47277 Ll l Apphcatton of the Ctty of Vtrgtma Beach to AMEND Section 5B of the Site Plan Ordinance re floodplain regulations. This item will be DEFERRED INDEFINITELY, BY CONSENT. Council Lady Henley hoped th~s item wouM not be delayed too long by the Plannmg Commission ITEM # 472 78 BY CONSENSUS, the following shall compose the Planning By Consent Agenda L 2 Apphcatlon of KENNETHA. HALL and S&S ENTERPRISES for the discontinuance, closure and abandonment of the following streets (ROSE HALL - DISTRICT 3) a Second Street beginning at the western boundary of Butternut Lane eastward to the western boundary of Spruce Street begmmng at the eastern boundary of Spruce Street eastward to the western boundary of Pine Street b Spruce Street beginning 400 feet south of Bonney Road southward to the northern boundary ofi-264 L3 Apphcat~on of TIDEWATER IMPORTS, INC. - HALL AUTO WORLD BODY SHOP for a Conditional Use Permit for an automobile repair facility located at the southeast corner of Butternut Lane and ummproved Second Street (ROSE HALL - DISTRICT 3) L4 App h catl o n o f SHORE VENTURES ASSOCIA TES. L. L. C. , for a Conditional Use Permit for a community boat dock at the intersection of Lynnhaven Promenade and Piedmont Circle on Lots 6, 7, 8, 9 & 10, Block 3, Section A, Ocean Park, containing 24,296 square feet (BAYSIDE- DISTRICT 4) L5 Apphcat~on of FRED VIRTUCIO for a Condlttonal Use Permit re housing for seniors and dlsabledpersons on the north side of Paca Lane, east of Newtown Road (5556 Paca Lane), contammg 11,586 96 square feet (KEMPSV1LLE - DISTRICT 2) L 8 Applications of ARMADA/HOFFLER HOLDING COMPANY (PRINCESS ANNE- DISTRICT 7) Modification of Proffers placed on the dune 14, 1994, approved Change of Zoning District Classt_ficatlons from A-12 Apartment Dtstrlct and B-2 Community Business District to Condttlonal B- 2 Commumty Busmess District Classification for Bel-Aire, Inc. & King's Way Corp. at the northeast corner of Dam Neck Road and General Booth Boulevard Discontinuance, closure and abandonment of Dam Neck Station Road beginning on the eastern boundary of General Booth Boulevard and running in an easterly dtrectlon to the eastern terminus, containing 1 336 acres October 24, 2000 - 18- CITY COUNCIL COMMENTS 5:02 P.M. ITEM # 47279 Mayor Oberndorf attended the Virginia Municipal League (VML) Legislative Committee meeting on Sunday, October 22, 2000 There ts a huge gap between the 6. 5% growth that was predicted by Governor Allen and Governor G~lmore The growth was actually 1. 7%. The Commtttee ts revtewmg methods to "tighten the belt", portzon of whtch would be commumty services, mental health, mental retardatton and pubhc health In the fifih year, there wtll really be a shortJall Councilman Branch referenced the mformatton recetved relattve the vartous groups worlong wtth the State to allot additional state revenue to localmes ~ e 5% income tax Are these fruttless ventures? Mayo Oberndorf advtsed VML and VACO decided upon a formula Mayor Oberndorf objected based on the fact thts was a surprtse Mayor Oberndorf supported the return of the funds to the locahttes where they are collected Thts formula rewards thatport~on ofVtrgm~a whtch pays htgher salartes to thetr cmzens It ts not just the number of people, tt ts how much more the salartes are m thatparttcular area ofVtrgtma 4fter the Brtefing by Betty Long, the lobbytst for VML, tt does not appear there wtll be extra funds for anything Counctl Lady Henley advised mdtvtduals are dtscussmg shortfalls of the State and d~fficulty m malong payroll, as well as having to borrow funds Counctl Lady Henley wtshed a Brtefing relattve these shortfalls. Counctl Lady Eure referenced her d~scusston relattve the Formula wtth Robert Matthtas, Asststant to the Ctty Manager In revtewmg a port~on of the Formula, the Ctty mtght lose $9-MILLION Unless thts ts made up tn the mcome tax $9-MILLION would equate the d~fJerence m not havmg the lottery Mayor Oberndorf advtsed tt was agreed legtslattve b~lls must be submttted by December 18, 2000, and couM only be corrected unttl the first day of the General Assembly Sesston No further Btlls couM then be submttted Counctl Lady Eure advtsed a Legtslator could not introduce more than ten (10) Btlls, including Resolutions ITEM # 4728O Counctl Lady Parker referenced the scheduled Ctty Counctl Sesstons and the Christmas Holida. vs Vtce Mayor Sessoms advtsed usually the meetings are only on the first and second Tuesdays of December ITEM # 47281 Mayor Oberndorf referenced a program on the ABC Nattonal News The sled dogs hve wtth thetr owners on the outerportton of Alaska The dogfish salmon are depleted and the men are having to loll these dogs Mayor Oberndorf conferredwtth the Honorable dtm Hays, Mayor of Fatrbanks, Alaska on the Internet She received mformat~on on these ammals and where donattons and food may be sent Mayor Oberndorf suggested a ctty-wtde effort to asstst m thts endeavor Mayor Oberndorf referenced receipt of correspondence from St. [qncents Catholic Medical Center of New York, expressmg apprectatwn for the Mayor's land words m the mtdst of the tragedy when four nurses met thetr death when their auto careened from the parlong area on the top of a motel m Vtrgm~a Beach m September The loss of Maryann Dono, Mary Ann Going, Kathleen Molhck-Kelly and doan Ellen Walsh goes beyond words, but thetr legacy w~ll conttnue through the work of the hundreds of nurses they tramed during thetr long and producttve careers Mayor Oberndorf dtstrtbuted further correspondence expressing apprectat~on to the I4rgmta Beach Emergency Medtcal Servtces for their level of respect pard to thetr nurses October 24, 2000 -19- ITEM # 47282 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, October 24, 2000, at 5 15PM Councd Members Present Ltnwood O Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mandtgo, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wdson and Vtce Mayor Wdham D Sessoms, Jr Councd Members Absent Wdham W Harrtson, dr and Reba S McClanan October 24, 2000 - 20- ITEM # 47283 Mayor Oberndorf entertamed a motion to permit C~ty Counctl to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of V~rgmla, as amended, for the followmg purpose PERSONNEL MATTERS D~scusslon, consideration or interviews of prospective candtdates for employment, assignment, appointment, promotion, performance, demotion, salaries, dlsclphmng, or restgnatlon of specific pubhc officers, appointees, or employees pursuant to Section 2 1-344 (A) (1) To W~t Boards and Comm~sstons Board of Zomng Appeals Chesapeake Bay Preservation Board Resort Advisory Commission Virginia Beach Community Development Corporation Oceana EIS Committee PUBLICLY-HELD PROPERTY Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of pubhcly-held real property, where d~scusslon ~n an open meeting would adversely affect the bargaining posmon or negotiating strategy of the pubhc body pursuant to Section 2 1-344(A)(3) To-Wit Virginia Beach Boulevard - Parker Lane Acqulmtlon/D~spomtlon of Property- Lotus Creek Assoclates LEGAL MATTERS Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specgic legal matters requiring the provision of legal advtce by counsel pursuant to Section 2 1-344(A)(7) Joynt Enterprlses, Inc v City Council Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting 9-0 Council Members Voting Aye Dnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R clones, Robert C Mand~go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary Wilson and V~ce Mayor W~lham D Sessoms, dr Counctl Members Votmg Nay None Council Members Absent W~lham W Harrison, dr and Reba S McClanan (Time of Closed Session: 5:15 P.M. to 6:20 P.M.) October 24, 2000 - 21 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 24, 2000 6:30 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL m the School BoardMeetmg Room, School Admtmstratton Bmldmg No 6, on Tuesday, October 24, at 6 30PM Counctl Members Present Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R dories, Robert C Mandtgo, dr MayorMeyeraE Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and Rosemary Wilson Councd Members Absent Wtlham W Harrtson, ,Ir [0 UT OF CITY WITH SON] Reba S McClanan [0 UT OF CITY] INVOCATION Reverend Rtchard ,I Keever Baystde Presbytertan Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, bemg a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters on the agenda m whwh he has a "personal interest", as defined tn the Act, e~ther mdtvtdually or tn his capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the Bank's interest tn any apphcatton that may come before Ctty Council Vtce Mayor Sessoms' letter of ,Ianuary 4, 2000, ts hereby made a part of the record October 24, 2000 Item V-E. - 22 - CER TIFICA TION OF CLOSED SESSION ITEM ii 47284 Upon motion by V~ce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd CERTIFIED THE CLOSED SESSION TO BE IN A CCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meeting requtrements by Vtrgmm law were &scussed m Closed Sesston to whtch th~s certification resolution apphes, AND, Only such pubhc business matters as were Ment~fied tn the motton convening the Closed Sesston were heard, dtscussed or constdered by Vtrgmta Beach C~ty Councd Voting 8-0 Councd Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R .Jones, Robert C Man&go, Jr, MayorMeyera E Oberndorf Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Voang Nay None Councd Members Absent Wdham I,V Harrtson, Jr, Reba S McClanan and Nancy K Parker October 24, 2000 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM it 4728.3, Page 20, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS Section 2 1-344 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law NOW, THEREFORE, BE IT RESOLVED That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council City Clerk October 24, 2000 o 23 - Item V-F. 1. MINUTES ITEM # 47285 Upon motion by V~ce Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 10, 2000. Voting 8-0 Council Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louis R Jones, Robert C Mandlgo, Jr, Mayor Meyera E Oberndorf V~ce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Council Members Voting Nay None Councd Members Absent William W Harrison, Jr, Reba S McClanan and Nancy K Parker October 24, 2000 ~ 24 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 47286 B Y CONSENSUS, C~ty Counc~I ADOPTED: AGENDA FOR THE FORMAL SESSION October 24, 2000 - 25 - Item V-H. 1. MA YOR 'S PROCLAMATION ITEM ti 47287 Mayor Oberndorf recogmzed Thomas G~ll, a hfelong resident of Vtrgtma Beach Mr G~ll serves w~th the V~rgtma Beach Emergency Medical Servtces (EMS) as a seven-year veteran of the Rescue Squad and also as a L~feguard Supervisor w~th the Ctty's Djesavmg Servtce Mr Gtll ts a Government teacher at Nansemond-Suffolk Academy has put hts hometown, Vtrgmta Beach, into the national spothght Thomas Gtll demonstrated charm, compasston and humthty tn the compet~tton wtth 50 other men to wm the tttle of "America's Sexiest Bachelor" during a pageant at the MGM Grand Hotel tn Las Vegas Mayo r 0 b e rndo rf PROCLAIMED: October 24, 2000 THOMAS GILL DA Y October 24, 2000 q4~reas: Thomas Gdl. a ~felong resident ~Y~in~ ~e~. ~emo~trated c~a~n. complan a~ ~um~ to 6eat out 50 ot~er ~n a~ ~n t~e ttffe ~ '~~a ~ S~t ~ac~e~r ~ dun~ a p~eant at t~e ~ ~ra~MHote{m Eas ~e~ xv~ aire~on October 2. 2000; a~ ~re~: ~om~ ~i~ a ~em~tt teach, at ~amv~M-S~o~c~emy. ~ put ~ ~o~to~ ~r~tn~ ~e~fi. Commumtyfor a E~ttme. into t~e ~tto~{ ~otfi~t; and ~ere~: ~om~ Gift se~es ~th the City~ ~an~t ~Bm~ency ~e~cal S~ges ~ a s~en-year vet~an memb~ ~the VtrOtn~ ~e~h ~scue Squa~ a~ ~e~: ~om~ G iffa~o se~es the 0'~ ~ ~an~nt ~ B~rg~ ~ed~alSe~ ~ a fi~guardsupe~or ~tfi tile V~rginm ~e~fi L~s~i~ Se~e: How, ~~m L M~em ~. ObeMo~ M~r ~ the Ci~ ~ ~rgin~ ~e~, ~rgmm, do hereby Poc&un: October 24, 2000 Thomas Gill y In Vtr~inm $each. and I caff upon all cittz~u and ci'o~c orgamzatio~u to extend thetr conoratulations to Thomas Gdlon h~s tmpresswe tnutnph attdtn ho~wr of his dtstu~Iu~shed service to the Oty of Vtrgmm $each. In Wit~ss Whereof, I have hereunto set my handandcaused the OfficialSealof the Oty of V~rbmia qSeach, Virbin~ to be affixed this B~hteenth day of October, Two Thousaml 9eteyera B. Oberndo~ fl4ayor ¢V~ereas: Whereas: Many Ameman sailors were b3'lledandinjuredwhen an explosion blasteda hole in the ~)SS Cole off the ff'emeni port of Aden; and The crew of the Cole has been heroic in their efforts to save their ship; and Many Cole sailors are Virginia $each residents; and Virginia $each is a patriotic community that is proudof its mifi'tary heritage and its military families, including families of the ~)SS Cole: How, Therefore, I, Meyera B. Obemdo~, Mayor of the City of Virginia $each, Virginia, do hereby Proclaim: October 18, 2000 DSS Cole Day In Virtlinm $each, and I call upon all citizens and civic organizations to e~end their condolences to the families of the three Virginia $each residents and fourteen other sailors who were slain in the attackon the DSS Cole, andtheir best wishes for speedy recoveries to the sailors who were injured In Witness Whereof, I have hereunto set my handandcausedthe OfficialSealof the Oty of Virginia $each, Virginia, to be affixedthis Bighteentli day of October, Two Thousand Mayor -27- Item V-I. 1. PUBLIC HEARING ITEM # 47289 Mayor Oberndorf DECLARED A PUBLIC HEARING Utility Tax Rate Conversion for Electricity and Natural Gas There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING October 24, 2000 - 28 - Item V~ ORDINANCES ITEM # 47290 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED IN ONE MOTION, Ordinances 2, 3, 4, 5, 6 (AS REVISED), 7 and 8 and Resolutions 1, 2, 3 and 4 of the CONSENT AGENDA. Item J 6 was ADOPTED, AS REVISED Voting 9-0 Counctl Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Lores R Jones, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, V~ce Mayor W~lham D Sessoms, Jr and Rosemary W~lson Counctl Members Voting Nay None Council Members Absent Wtlham W Harrtson, Jr, and Reba S McClanan October 24, 2000 - 29- Item V-J 1 ORDINANCES ITEM # 4 7291 The followtng spoke tn SUPPORT Captain Wtlham C "Skip" Zobel, 805 Oceana Boulevard, Phone 491-9689, Commanchng Officer of Oceana Captatn John Shtck, USN Rettred, 912 Duke of Suffolk Drtve, Phone 496-4147 Chatrman of Ctttzens Concerned Agatnst Jet Norse (CCAJN) Rear Admiral Fred Metz, (Rettred), 805 Circuit Court, Phone 481-3248 Marvin Seay, 2413 Mtllwood Road, Phone 481-6394 Allen Johnson, 1148 Crystal LakeDrtve, Phone, 44-2834 Jim Joyner, 3732 Redwood Farm Drtve, Phone 463-4142 The followtng spoke tn OPPOSITION: Carl Helvte, 421 Lake Road, Phone 422-4794 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Ordtnance to estabhsh a Super Hornet Commission defimng the membership, purpose and dissolution thereof, and, to adopt the Commtsston 's ByLaws (Deferred 10-I0-00) The Ctty Attorney declared the adoptton of thts Or&nance for "EXttlBIT A" only Voting 9-0 Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Wtlham W Harrtson, Jr, and Reba S McClanan October 24, 2000 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE ESTABLISHING A SUPER HORNET COMMISSION AND PROVIDING FOR THE MEMBERSHIP, BY-LAWS, PURPOSE AND DISSOLUTION THEREOF WHEREAS, the City Council has adopted a resolution requesting that all of the East Coast F/A-18E/F aircraft (the "Super Hornet") be stationed at Naval Air Station Oceana; and WHEREAS, the City Council adopted the said resolution in conjunction with the scoping process for the Environmental Impact Statement (EIS) to be done on the East Coast basing of the Super Hornet aircraft; and WHEREAS, as part of the said resolution, the City Council resolved to establish a Super Hornet Commission to advise it on the aforesaid EIS; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby establishes the Super Hornet Commission (the "Commission"). 2. That the Commissmon shall be comprised of eleven (11) voting members serving without compensation, and such ex off~cio, non-voting members as City Council may deem appropriate. Voting members shall have knowledge of, or interest in, the basing of the Super Hornet aircraft at Naval Air Station Oceana. 3. That the purpose of the Commission shall be to advise the City Council on the draft and final EIS on the East Coast basing of the Super Hornet aircraft and on such other matters as are specifically directed to the Commission by the City Council. 4. That the Commission shall automatically be dissolved as of the date which is sixty (60) days after the publication in the Federal Register of the Record of Deczszon on the aforesaid EIS. 30 31 32 33 5. That all meetings of the Commmssion shall be open to the public, and all records of the Commission shall be available for inspection and copying, in accordance with the provisions of the Virginia Freedom of Information Act. 34 35 36 6. That the Commission shall be governed by its by-laws, a copy of whzch is attached hereto as Exhibit A, and incorporated by reference. 37 38 39 40 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of October , 2000. CA-7808 wmmkordresksuperhornetordin.wpd R-1 October 18, 2000 43 44 45 46 APPROVED AS TO CONTENT' ~r's Office APPROVED AS TO LEGAL SUFFICENCY- Department of Law Exhibit A BY-LAWS SUPER HORNET COMMISSION ARTICLE I NAME The name of this organization shall be the Super Hornet Commission. ARTICLE II PURPOSE The purpose of the Commission shall be. , To review issues referred by the Virginia Beach City Council and to make recommendations to Council regarding such issues. The issues referred to the Commission at 1ts inception shall be the review of the draft Environmental Impact Statement for the east coast basing ofF/A- l 8E/F Super Hornet aircraft . The Commission shall undertake no other issues other than those referred to it by City Council. Ongoing noise and other issues concerning Naval Air Station Oceana operations are not w~th~n the purview of the Comm~sslon ARTICLE III MEMBERS Section 1. Number. The Commission shall be comprised of seven (7) members appointed by City Council from each of the seven voting districts and four (4) members appointed from at large and non-voting, exe officio members as directed by Council Section 2. Term. Term of membership shall be from the initial appointment until sixty (60) days after filing the Record of Decision on the east coast basing of the F/A-18E/F Super Hornet aircraft in the Federal Register. Section 3. Qualifications. The appointee shall have knowledge of, or interest in, the Super Hornet aircraft basing at Naval A~r Station Oceana Membership shall be appointed from such groups as Civic Leagues, organizations concerned about jet noise, the business community, Chamber of Commerce, Hotel Motel Association, Retail Merchants Association, realtor, etc Section 4. Chair and Vice-Chair. A Chair, or Vice-Chair in the Chair's absence, shall preside over the meetings of the Commission. The Chair and Vice-Chair shall be appointed by the City Council and will serve for the life of the Commission. Section 5. Attendance. Attendance records shall be kept at each meeting of the Commission and a report of the attendance of the members shall be filed with the City Clerk for review by City Council. No member shall accumulate a total ofmore~ than three (3) absences. Ifth~s hmltation is exceeded for reasons other than personal illness, death, or other unusual ctrcumstances, the appointment shall be terminated automatically, or as otherwise prescribed by law. Section 6. Vacancies A vacancy caused by death, resignation, termination, expiration, or otherwise shall be filled by City Council. October 19, 2000 (2:54PM) Section 7. Ex Officio Members. Ex officio members may include representative s from the U S. Navy, the City of Chesapeake, and others as directed by Council ARTICLE IV MEETINGS Section 1. Regular Meetings. The Commission shall meet as needed to review the work to develop the draft Environmental Impact Statement for the east coast basing of F/A-18E/F Super Hornet aircraft or to review items referred by City Council Section 2. Requirements. A majority of Commission members shall be present in order for any official action to be taken. All actions of the Commission shall be conducted at regular or special meeting and shall require a majority vote of those members present ARTICLE V REPORT Section 1. Report. Within thirty (30) days of the release of the draft Environmental Impact Statement for the east coast basing ofF/A- 18E/F Super Hornet aircraft, the Commission shall prepare and submit a report on its recommendations to City Council Said report shall also be presented to City Council so that Council may take an official poslt~on on the draft EIS Section 2. Requirements. All reports shall be approved by a majority of members of the Commission. ARTICLE VI COORDINATION Section 1. City Departments. The Commission shall work with and through the City Manager's Office which shall be responsible for staffing and coordinating the efforts of the Commission with other City departments, boards, and commissions. ARTICLE VII AMENDMENTS No alteration, amendment, or repeal of these By-Laws or any sectton hereof shall be effective without prior consent of City Council ARTICLE VIII TERMINATION The Commission shall terminate automatically sixty (60) days after the pubhshlng of the Record of Decision on the final Environmental Impact Statement for the east coast basing ofF/A- l 8E/F Super Hornet aircraft unless terminated or extended by City Council prior to that date. October 19, 2000 (2:54PM) These By-Laws [as amended] are hereby adopted as of this 24 day of October 2000, by the Council of the City of Virginia Beach, Virginia October 19, 2000 (2'54PM) - 30- Item V-J. 2 ORDINANCES ITEM ti 47292 Upon moaon by Vice Mayor Sessoms, seconded by Councdman Branch, C~ty Councd ADOPTED: Ordinance to AMEND the Ctty Code~ ~ 35-114, 35-115, 35-118, 35-119, 35-120, 35-12I and 35-122, ADDING 3q3~ 35-115 1-and 35-115 2 to revtse the manner m which the local utility tax on elecmc and natural gas servlce ~s calculated Voting 9-0 (By ConsenO Councd Members Voting Aye L~nwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mand~go, dr, Mayor Meyera E Oberndorf Nancy K Parker, Vlce Mayor Wdham D Sessoms, dr and Rosemary Wdson Councd Members Voting Nay None Councd Members Absent Wdham W Harrison, Jr, and Reba S McClanan October 24, 2000 AN ORDINANCE TO AMEND THE CITY CODE BY REVISING THE MANNER IN WHICH THE LOCAL UTILITY TAX ON ELECTRIC AND NATURAL GAS SERVICE IS CALCULATED SECTIONS AMENDED: §§ 35-114, 35-115, 35-118, 35-119, 35-120, 35-121 and 35-122. SECTIONS ADDED: §§ 35-115.1 and 35- 115.2. 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 12 That Sections 35-114, 35-115, 35-118, 35-119, 35-120, 35- 13 121 and 35-122 of the Code of the City of Virginia Beach, Virginia, 14 are hereby amended and re-ordained, and Sections 35-115.1 and 35- 15 115.2 are hereby added, to read as follows: 16 Sec. 35-114. Definitions. 17 Except where the context clearly indmcates a different 18 meaning, the following words and phrases, when used in this 19 article, shall, for the purposes of this article, have the meanings 20 ascribed to them in this section: 21 "CCF" means a volume of gas at standard pressure and 22 temperature in units of 100 cubic feet. 23 "Consumer" means every person who, individually or 24 throuqh an aqent, employee, officer, representative or permitee, 25 makes a taxable purchase of water, electricity, natural gas or 26 other utility service in the City of Vzrqinia Beach. 27 "Gas utility" means a public utility authorized to 28 furnish natural qas service in Virginia. 29 "Kilowatt hours (kWh) delivered" means 1000 watts of 30 electrmcity delivered in a one-hour period by an electric provmder 31 to an actual consumer, except that in the case of eliqlble 32 customer-qenerators (sometimes called coqenerators) as defmned in 33 Code of Virqmnia § 56-594, it means kWh supplied from the electric 34 qrid to such customer-qenerators, minus the kWh qenerated and fed 35 back to the electzic qrid by such customer-qenerators. 36 "Master-metered" means one metered utility service point 37 serving more than one residential consumer. 38 ~ ..... mm ...... ~ "pP includes any individual, firm, ~ ~o~ ......... ~ _erson" 39 partnership, association, corporation, limited liability company or 40 partnership, and any combination of individuals of whatever form 41 and character. 42 "Pipeline distribution company" means a person, other 43 than a pipeline transmission company, which transmits, by means of 44 a pipeline, natural qas, manufactured qas or crude petroleum and 45 the products or by-products thereof to a purchaser for purposes of 46 furnishinq heat or liqht. 47 48 49 "Residential consumer" means the owner or tenant of 50 property used primarily for resmdential purposes as classified by 51 the utilmty service provider. 52 o~:i~ m~ ...... ~ "~^ii ~"~ p h ........ bo cvcry crson w o 53 54 "Service provider" means a person who delivers utility 55 services to consumers, ~ncluding a person who delivers electricity, 56 a gas utmlity or pipeline distrmbution company that delivers 57 natural qas, or a person who delivers water. 58 "Used primarily" relates to the larqer portion of the use 59 for which electric, natural qas or other utmlity service is 60 furnished. 61 service" includes 62 electric service, water service and gas service, whether generally 63 termed a utility service or not, for which the ..... ~ .... ~ ....... ~ consumer 64 is rendered a separate invoice by the scllcr service provider, 65 furnished in the corporate limits of the city. 66 Sec. 35-115. Levy of water utility 67 consumer tax. 68 69 with Code of Virginia ~ 58.1-3814, as amended, there is hereby 70 imposed and levied by the city, upon each residential 71 consumer of e water utility service, a tax in the amount of twenty 72 (20) percent of the charge, exclusive of any federal tax thereon, 73 made by the scll~ service provider against the N~~~ .... consumer 74 with respect to each such water utility service. There is excluded 75 from the tax imposed and levied by thms section so much of the 76 charge, exclusive of any federal tax thereon, made by the 77 service provider against the ..... ~ .... ~ ......... consumer of water utility 78 service in excess of fifteen dollars ($15.00) for any single-family 79 unit for any month or part of a month. Where more than one 80 single-family unit is served by one meter, in computing such 81 maximum of fifteen dollars ($15.00), the same shall be multiplied 82 by the number of single-family units served by such meter. 83 84 with Code of Virginia § 58.1-3814, as amended, there is hereby 85 imposed and levied by the city, upon each commercial or ~ndustrial consumer of an ........ , gas, ~ water utility service, 87 a tax in the amount of fifteen (15) percent of the first six 88 hundred twenty-five dollars ($625.00) of the monthly charge and 89 five (5) percent on the amount between six hundred twenty-five 90 dollars ($625.00) and two thousand dollars ($2,000.00) of the 91 monthly charge for any single billing for .... ~^-~, gas, ~ water 92 utility service, exclusive of any federal tax thereon, made by the 93 seller service provider against the purchaser consumer with respect 94 to each such utility service. The tax imposed by this section shall 95 not be applied to any portion of a monthly charge for any single 96 water utility service to a commercial or 97 industrial '-~m .... pu ........ consumer that exceeds two thousand dollars 98 ($2,ooo.oo). 99 (c) For the purposes of this section, the words 100 "commercial or industrial ~ ...... scr consumer" shall not be 101 construed to include a ~ ...... scr consumer in the business of 102 renting apartments or other such dwelling units as to utmlity 103 service furnished directly to an apartment or other such dwelling 104 unit; provided, however, that utility services purchased by such 105 ~ ...... scr consumer through separate meters for hallways, swimming 106 pools, outside lighting and other accessory uses shall be deemed 107 commercial or industrial .... ~ .... p ......... consumptmon. 108 Sec. 35-115.1. Levy of electric utility consumer tax. 109 (a) In accordance with Code of Virginia § 58.1-3814, 110 there is hereby imposed and levied a monthly tax on each purchase 111 of electricity delivered by a service provider to the followinq 112 classes of consumers, such classes to be defined by the service 113 provider, as set forth below: 114 (1) Residential consumers, includinq resmdential 115 consumers receiving service from a master meter, shall pay a 116 minimum tax of $1.40, plus a tax at the rate of $0.014771 per kWh 117 delivered monthly, with the total tax not to exceed $3.00 per 118 month. 119 (2) Non-residential consumers shall pay, for each meter, 120 a monthly tax at the rates per month for the classes of non- 121 residential consumers as set forth below: 122 (i) Commercial consumers shall pay a minimum tax of 123 $1.72, plus a tax at the rate of $0.010057 per kWh on the first 124 9,151 kWhs delivered monthly, and at the rate of $0.002831 per kWh 125 on all remaining kWhs delivered monthly; provided, however, that 126 the total monthly tax shall not exceed $162.50. 127 (ii) Industrial consumers shall pay a minimum tax of 128 $1.72, plus a tax at the rate of $0.009253 per kWh on the first 129 9,946 kWhs delivered monthly, and at the rate of $0.001190 per kWh 130 on all remaininq kWhs delivered monthly; provided, however, that 131 the total monthly tax shall not exceed $162.50. 132 (b) Bills shall be consmdered as monthly bills for the 133 purposes of this section if they are submitted 12 times per year 134 and cover periods of approximately 30 days each. Accordingly, the 135 tax for a bi-monthly bill (approxzmately 60 days) shall be 136 determined as follows: 137 (i) the kwh will be divided by 2; (ii) a 138 monthly tax will be calculated usinq the rates 139 set forth above; (iii) the tax determined by 140 (ii) shall be multiplied by 2; and (iv) the 141 tax in (iii) may not exceed twice the monthly 142 "maximum tax". 143 Sec. 35-115.2. Levy of natural ~as utility consun%er tax. 144 (a) In accordance with Code of Virqinia § 58.1-3814, 145 there is hereby imposed and levied a monthly tax on each purchase 146 of natural qas delmvered to consumers by pipeline distribution 147 companies and qas utilities, classmf~ed by "class of consumers" as 148 such term is defined in Code of Virqinia § 58.1-3814(J), as set 149 forth below: 150 (1) Residential consumers, includinq residential 151 consumers receivlnq service from a master meter, shall pay a 152 minimum tax of $1.98, plus a tax at the rate of $0.162451 on each 153 CCF delivered monthly, with the total tax not to exceed $3.00 per 154 month. 155 (2) Non-residential consumers shall pay, for each meter, 156 a monthly tax at the rates per month for the classes of non- 157 residential consumers as set forth below: 158 (i) Commercial consumers shall pay a minimum tax of 159 $1.94, plus a tax at the rate of $0.097668 per CCF on the first 961 160 CCFs delivered monthly, and at the rate of $0.031362 per CCF on all 161 remaininq CCFs delivered monthly; provided, however, that the total 162 monthly tax shall not exceed $162.50. 163 (ii) Industrial consumers shall pay a minimum tax of 164 $1.94, plus a tax at the rate of $0.097668 per CCF on the first 961 165 CCFs delivered monthly, and at the rate of $0.031362 per CCF on all 166 remaining CCFs delivered monthly; provided, however, that the total 167 monthly tax shall not exceed $162.50. 168 (b) Bills shall be considered as monthly bills for the 169 purposes of this section if they are submitted 12 times per year 170 and cover periods of approximately 30 days each. Accordingly, the 171 tax for a bi-monthly bill (approximately 60 days) shall be 172 determined as follows: 173 (i) the CCF will be divided by 2; (ii) a 174 monthly tax will be calculated usinq the rates 175 set forth above; (iii) the tax determined by 176 (ii) shall be multiplied by 2; and (iv) the 177 tax in (iii) may not exceed twice the monthly 178 "maximum tax". 179 . 180 181 Sec. 35-118. Computation when ~ service provider collects charges periodically. 182 In all cascs --'~^~^,,.~=~ thc Except as provided otherwise in 183 this article, when the sc~ .... servmce provider collects the prmce 184 for utility services periodically, the tax imposed and levied by 185 this article may be computed on the aggregate amount of purchases 186 or consumption, as applicable, during such period; provided, that 187 the amount of the tax to be collected shall be the nearest whole 188 cent to the amount computed. 189 Sec. 35-119. 190 Duty of ~ service provider to collect, report and remit; penalty and interest. 191 192 t~ ~ ..... l~^~t4~mc~4 ..... agcncy f~ thc ~4ty 193 194 195 196 198 199 prcscribcd by thc city treasurer. The service provider shall bill 200 the utility tax to all consumers who are subject to the tax and to 201 whom mt delivers utility service, and shall report and remit taxes 202 collected each month to the c~ty treasurer on or before the last 203 day of the succeeding month of collection. The required report 204 shall be in such form as may be prescribed by the commissioner of 205 the revenue. Such taxes shall be paid by the service provider to 206 the city mn accordance with Code of Virqinia § 58.1-3814(F) and 207 (G), and Code of Virqinia § 58.1-2901. If any consumer recemves 208 and pays for utility service but refuses to pay the tax imposed by 209 thms section, the service provider shall notify the city treasurer 210 of the name and address of such consumer. If any consumer fails to 211 pay a bill issued by a service provider, includinq the tax imposed 212 by this section, the service provider must follow its normal 213 collection procedures and, upon collection of the bill or any part 214 thereof, must apportion the net amount collected between the charqe 215 for utility service and the tax and remit the tax portion to the 216 city. Any tax paid by the consumer to the service provider shall 217 be deemed to be held in trust by such provider until remitted to 218 the city. 219 (b) Failure to remit the taxes so collected to the city 220 treasurer on or before the due date set forth in subsection (a) of 221 this section shall result in a penalty of ten (10) percent of the 222 amount due or ten dollars ($10.00), whichever is lcsscr greater, 223 which shall be added to the amount due. In addition, interest at 224 the rate of ten (10) percent annually from the first day following 225 the last day the taxes are due to be remitted may be added to the 226 overdue principal and penalty, and collected from the delinquent 227 seller. 228 Sec. 35-120. ~ Service provider's records. 229 Each scllcr service provider shall keep complete records 230 showing all purchases and consumption of utility services in the 231 city, which records shall show the price charged against each 232 ~ ...... scr consumer with respect to each purchase and amounts of 233 service consumed, the date thereof and the amount of tax imposed 234 under this article. Such records shall be kept open for inspection 235 by the duly authorized agents of the city at reasonable times for 236 a period of three years from the date such records were created. 237 The duly authorized agents of the city may make such transcripts 238 thereof during such times as they may desire. 239 240 Sec. 35-121. Duties of city treasurer and commissioner of the revenue. 241 (a) The city treasurer shall be charged with the 242 collection of the taxes levied and imposed by this article and 243 shall cause the same to be paid into the general treasury of the 244 city. 245 (b) The commissioner of the revenue shall be charqed 246 with reqistering service providers for collection of the taxes 247 levmed by this article and periodically auditinq their reports of 248 taxes collected. 249 Sec. 35-122. 250 Failure of ~ ......... consumer to pay, violations of article by seller. 251 Any ..... ~ .... ~ ......... consumer failing, refusing or neglectmng to 252 pay the tax imposed or levied by this article and any ~- 253 service provider ...... lng thc provlslons of ~ art~-~, ~ .... 254 or officer, agent or employee of any ~~ ~~ service provider 255 violating the provisions of this article, shall be guilty of a 256 Class ~ ~ mmsdemeanor. Each failure, refusal, neglect or violation 257 continuance thereof shall constitute a separate 258 offense. Conviction for such violation shall not relieve any such 259 person from the payment, collection and remittance of the tax as 260 provided in this article. 261 . . 262 BE IT FURTHER ORDAINED: 263 That this ordinance shall be effective on January 1, 264 2001, and the conversion of tax to either monthly CCF delmvered (in 265 the case of natural gas) or monthly kWh delivered (in the case of 266 electricity) shall not be effective before the first meter reading 267 after December 31, 2000, prior to which time the tax previously 268 imposed shall be in effect. 269 Adopted by the Council of the City of Virginia Beach, 270 Virginia, on the 24th day of October, 2000. CA7805 F:~Data~ATY~Ordin~PROPOSED~35-114etal.ord.wpd October 12, 2000 R-Ii 10 APPENDIX 1 City of Virginia Beach Utility Tax Rate Conversion For Electric And Natural Gas Services Shown ~n the tables below are the uhhty rate conversions for electric and nalural gas services Currently, under Code of V~rg~n~a § 58 1 - 3814, the Cdy of V~rgm~a Beach ~s granted authordy to tax consumers of uhhty servme or services The current tax authorized by Code of Virginia ~s d~v~ded ~nto two classes "residential" consumers and all other types of consumers The Code of V~rgmia Beach c::3 35-115 which deais with ubhty taxahon further separates the consumer classification into three separate groups: residenbal 0nclud~ng residential consumers receiving service from a master meter), commercial and industnal Each distinct group has been given a tax ceiling which should remain the same under the newly conveded rates Table 1 -Electric Services: Customer Class Utility Tax Rates Prior to December 31, 2000 Utility Tax Rates Effective January 1, 2001 Res~denbal (includes residential consumers receiving service from a master meter) 20% of first $15 00 of bill up to $3 00 maximum Minimum monthly tax of $1 40, plus a tax at the rate of $0 014771 per kWh* dehvered monthly, with the total tax not to exceed $3 00 Commercial 15% of the first $625 charged (maximum is $93 75) 5% of the amount between $625 and $2,000 (~ e on the next $1,375 charged which produces a maximum of $68 75) No tax on charges greater than $2,000; therefore, the maximum total tax would be $162 50 Minimum tax of $1 72, plus a tax at the rate of $0 010057 per kWh on the first 9,151 kWhs delivered monthly, and at the rate of $0 002831 per kWh on all remaining kWhs delivered monlhly, provided, however that tile total ~lonlhly lax shall not exceed $162 50 Industrial Same as commercial. Minimum tax of $1 72, plus a tax at the rate of $0 009253 per kWh on the first 9,946 kWhs delivered monthly, and at the rate of $0.001190 per kWh on all remaining kWhs dehvered monthly; provided, however, that the total monthly tax shall not exceed $162.50 * "Kilowatt hours (kWh) delivered" means 1000 watts of electricity delivered in a one-hour period by an electnc provider to an actual consumer. APPENDIX I (Continued) Table 2- Natural Gas Services: Customer Class Utility Tax Rates Prior to December 31, 2000 Utility Tax Rates Effective January 1, 2001 Residential (residential consumers receiving service from a master meter) 20% of first $15 O0 of bill up to $3 O0 maximum Minimum monthly tax of $1 98, plus a tax at the rate of $0 162451 on each CCF* delivered monthly, w~th the total tax not to exceed $3 00 Commercial 15% of the first $625 charged (maximum is $68 75) 5% of the amount between $625 and $2,000 (i e. on the next $1,375 charged which produces a maximum of $93 75) No tax on charges greater than $2,000; therefore, the maximum total tax would be $162 50 Minimum monthly tax of $1 94, plus a tax at the rate of $0 097668 per CCF on the first 961 CCFs delivered monthly, and at the rate of $0 031362 per CCF on all remaining CCFs delivered monthly; provided, however that the total monthly tax shall not exceed $162 50. Industrial Same as commercial Minimum monlhly tax of $1 94, plus a tax at the rate of $0 097668 per CCF on the hrst 961 CCFs delivered monthly, and at the rate of $0 031362 per CCF on all remaining CCFs delivered monthly, provided, however thal lhe total monthly tax shall not exceed $162 50 * "CCF" means a volume of gas at standard pressure and temperature in umts of 100 cubic feet APPENDIX I (Concluded) Table 3 City of Virginia Comparison of Utility Tax Revenue from Electric and Natural Gas Services Actual versus Predicted Revenue from Converted Tax Rates Calendar 1999 Type of Utility Provider Electric Services * Natural Gas * Total Electric and Natural Gas Services Actual Revenue Remitted Using Existing Tax Rates $11,258,467 3,046,046 $14,304,513 Predicted Revenue To Be Remitted Using Converted Tax Rates $11,253,906 3,040,949 $14,294,855 Difference ($4,561) (5,097) * Actual revenue remitted according to Virginia Power and Virginia Natural Gas records. ii iii I i i i II i I ii i I i i I I ii I -31 - Item V-J. 3. ORDINANCES ITEM tt 47293 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, C~ty Council ADOPTED: Ordmance to AUTHORIZE the Ctty Manager to execute a lease between the V~rgmta Beach School Board and the Ctty for the Pungo-Blackwater Library Creeds Elementary School Media Center. Voting 9-0 (By ConsenO Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Lores R dories, Robert C Mandtgo, dr, Mayor Meyera E Oberndorf Nancy K Parker, V~ce Mayor Wtlham D Sessoms, dr and Rosemary W~lson Council Members Voting Nay None Councd Members Absent W~lham W Harrtson, dr, and Reba S McClanan October 24, 2000 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE VIRGINIA BEACH SCHOOL BOARD AND THE CITY FOR THE PUNGO-BLACKWATER LIBRARY CREEDS ELEMENTARY SCHOOL MEDIA CENTER WHEREAS, the Virginia Beach School Board ("School Board") is the owner of that 8 certain parcel of land located at 920 Pnncess Anne Road, V~rglnla Beach, V~rglma known as the 9 Creeds Elementary School; 10 WHEREAS, the School Board's 1999/00 Capital Improvement Program included the Creeds Elementary School Modernization (the "ProJect"); 12 WHEREAS, the scope of the Project included funding for the construction of a new 13 Pungo-Blackwater Library to be physically connected to Creeds Elementary School; 3.4 WHEREAS, the School Board and City staff worked with the community to develop 15 a plan to provide for the joint use of certain spaces between Creeds Elementary School and the 3.6 Pungo-Blackwater L~brary consisting of approximately 9,022 square feet of space shown as the hatched area on Exhibit A attached hereto; 3.8 WHEREAS, the School Board and C~ty staff worked with the City Attorney to draft lease and joint use regulations which set forth the responmbdltles of the respective parties upon 2 0 terms and conditions mutually agreeable to all parties; and 21 WHEREAS, on October 3, 2000, the Vlrglma Beach School Board approved 2 2 execution of the lease with the City for the Pungo-Blackwater Library Creeds Elementary School 2 3 Media Center. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 2 5 VIRGINIA BEACH, VIRGINIA: 26 That the City Manager is hereby authorized to execute a lease between the Virginia 2 7 Beach School Board and the C~ty for the Pungo-Blackwater Library Creeds Elementary School 2 8 Media Center in accordance with the Summary of Terms attached hereto, and containing such other 2 9 terms as are acceptable to the City Manager and approved by the City Attorney. 30 Adopted by the Council of the City of Vlrglma Beach, Vlrglma, on the 2all day of 31 October ,2000. CA-7876 F \Data\ATY\Ordln\NONCODE\ca7876 ord R-I 10/12/00 Department of Pub~l~c Libraries APPROVED AS TO LEGAL SUFFICIENCY Department of Law ~) SUMMARY OF TERMS LESSOR: LESSEE: TERM: RENT: LEASE FOR THE PUNGO-BLACKWATER LIBRARY CREEDS ELEMENTARY SCHOOL MEDIA CENTER Virginia Beach School Board City of Virginia Beach October 1, 2000- September 30, 2020. One Dollar ($1.00) annually. RIGHTS AND RESPONSIBILITIES OF CITY: Will use a portion of the Creeds Elementary School building for a public library in joint usage with the School Media Center. Will pay for utlhtles and janitorial services ~n accordance with the Joint Use Regulations. · Will maintain its equipment, workstations, book shelving units and fixtures. · May insure agmnst loss/casualty of personal property and leasehold ~mprovements. RIGHTS AND RESPONSIBILITIES OF SCHOOLS: Will ~nsure against loss/casualty of all real property excluding City's personal property and leasehold improvements made by City. TERMINATION: Either party may terminate by providing the other party 180 days notice. JOINT USE OPERATION: The day-to-day operation of the joint use spaces will be governed by Joint Use Regulations the prowslons of which have been incorporated by reference into the Lease. The Joint Use Regulations will be administered by a Joint Use Committee comprised of the Assistant Supenntendent for Elementary Schools to which Creeds Elementary School is assigned, the Pnnc~pal of Creeds Elementary School, the Creeds Media Specialist, the Creeds Computer Resource Teacher, the Vlrgima Beach City Public Schools Library Media Coordinator, the Pungo-Blackwater Library Coordinator, the Public L~brary Computer Room Assistant, the Public Library Operations Manager and the local representative to the Pubhc Library Board. F \Users\VValldej\WP~BZA\creeds sum PUNGO/BLACKWA TER PUBLIC LIBRARY CREEDS ELEMENTARY SCHOOL MEDIA CENTER NO SCALE ' 02-12-1999 pBPARsON~ BRINCKERHOFF ~ ~rc~ltecture EXHIBIT "A" x iRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION REGARDING A LEASE FOR TIlE CREEDS ELEMENTARY SCHOOL & PUNGO/BLACKWATER LIBRARY WItEREAS, the 1999/00 Capital Improvement Program included ProJect 1-214, Creeds Elementary School Modernization, WHEREAS, the scope of the Creeds Elementary School p~oject ~ncluded funding for thc construction of a new Pungo/Blackwater L~brary which Is physically connected to the school, WItEREAS, School and Cfly staffs have worked together with the cormnumty to develop a plan which provides for the sharing of certain spaces between the school and pubhc library, and WHEREAS, School and C~ty staffs have worked with the C~ty Attorney to draft the attached Lease and Joint Use Regulations wluch outline the responsibilities of the respective parties Now, therefore, be it RESOLVED: that the School Board authorizes the Chairman to execute the aforementioned lease and forward same to the City Manager for approval by City Council, and be ~t further RESOLVED: that a copy of th~s resolution be delivered promptly to the C~ty Council, the City Manager, and the C~ty Clerk by the Clerk of the Board Adopted by the School Board of the City of V~rglma Beach October 3, 2000 ~Edwards, Chalrn~an ATTEST Dlanne P Alexander, Clerk of the Board School Adm~mstrat~on Budding · 2512 George Mason Drive · P O Box 6038 · V~rg~n~a Beach, VA 23456-0038 - 32- Item V-J. 4. ORDINANCES ITEM # 47294 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, C~ty Council ADOPTED: Ordinance to AUTHORIZE the C~ty Manager to execute the joint procurement during the ptlot per~od, execute and dehver the Joint Powers Agreement, admmtster the projected savings and obhgate the annual appropriation re purchase of electricity for the "PILOT" program of the V~rgmta Mumc~pal League ('Va/IL) and V~rgm~a Assoc~atton of Count~ea (VA C o) Voting 9-0 (B.v ConsenO Counctl Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Council Members Vonng Nay None Council Members Absent W~lham W Harrison, Jr, and Reba S McClanan October 24, 2000 AN ORDINANCE APPROVING A JOINT POWERS AGREEMENT FOR THE PURCHASE OF ELECTRICITY PURSUANT TO A PILOT PROGRAM OF THE VIRGINIA MUNICIPAL LEAGUE (VML) AND VIRGINIA ASSOCIATION OF COUNTIES (VACo) WHEREAS, the VML/VACo Virginia Power Steering Committee 8 (the "Committee"), composed of representatives of the City of 9 Virginia Beach and other municipalities and political subdivisions 10 of the Commonwealth, has for several decades negotiated on behalf 11 of such governmental units their purchase of electricity supply 12 from Vmrginia Power as a sole source provider; and 13 WHEREAS, Section 15.2-1300, et seq. of the Virginia Code 14 (the "Joint Powers Act") authorzzes politmcal subdivisions to 15 exercise jointly powers they otherwise are authorized to exercise 16 independently, under the terms and conditions set forth in the 17 Joint Powers Act; and 18 WHEREAS, the Electric Utility Restructuring Act, Virginia 19 Code Section 56-576 et seq. (the "EUR Act"), further authorizes 20 municipalities and other political subdivisions in the Commonwealth 21 to aggregate their electricity supply requirements for the purpose 22 of their joint purchase of such requirements from licensed 23 suppliers; and 24 WHEREAS, the EUR Act provides that such aggregation shall 25 not require licensure; and 26 WHEREAS, the Virginia Public Procurement Act (the 27 "Procurement Act") exempts from its competitive sealed bidding and 28 competitive negotiation requirements (the "Requirements") the joint 29 procurement by public bodmes, utilizing competitive principles, of 30 electricity supply purchased through member associations under the 31 conditions set forth in the Procurement Act; and 32 WHEREAS, the Committee has voted unanimously to fund an 33 effort to aggregate local governmental purchases of a maximum of 34 approximately 117,000,000 kilowatt hours (kWh) of annual 35 electricmty supply (the "Supply") from competitive l~censed 36 supptmers during a pmlot period commencing no earlier than 37 January 1, 2001, and extending through no later than December 31, 38 2002 (the "Pilot Period"); and 39 WHEREAS, the Committee has recommended: 4O (i) the aggregation and joint procurement of the Supply 41 as provmded ~n the form of the Joint Powers Association Agreement, 42 a copy of which is attached hereto and made a part of thms 43 Ordinance (the "Joint Powers Agreement"); 44 (ii) that one or more Requests for Proposals ("RFPs") be 45 issued requesting licensed suppliers (the "Proposers") to submit 46 proposals (the "Proposals") to furnish the Supply to the interval 47 accounts (the "Accounts") selected by the Proposers from among 48 approximately two hundred (200) interval accounts of the 49 municipalities and other polztlcal subdivzs~ons that presently 50 purchase electrmcity supply from Virginia Power; 51 that for the Accounts selected, approxmmatety 30% 52 of the kwh shall be for schools on V~rg~n~a Power's Rate Schedules 53 100 and 110 and approximately 70% of the kWh shall be for non- 54 schools on its Rate Schedule 130; and 55 (iv) that a contract or contracts for the furnishing of 56 the Supply be awarded to the Proposer (or Proposers) by considering 57 which Proposals best meet the requirements and conditions of the 58 RFP, offer the greatest dollar savings for the aggregated group as 59 a whole, and offer a price for each Account selected that ~s 60 projected to be lower than the projected price that would otherwise 61 obtamn applying the Virginia Power supply rate under which the 62 Account would otherwise be served; and 63 WHEREAS, the Committee has agreed to provide funds from 64 its operating budget in an amount not to exceed $40,000 to pay the 65 fees and expenses of its counsel, Christian & Barton, L.L.P., and 66 its utilmty consultant, the Columbia Group, to prepare the 67 documents necessary for the aggregation, the RFP process, the 68 evaluation of the Proposals, and the award and executmon of the 69 contract or contracts on behalf of the municipalities and political 70 subdivismons owning the Accounts for whmch the Supply wmll be 71 furnished; and 72 WHEREAS, the Committee recommends that the municipalmtmes 73 and politmcal subdivisions particmpatmng ~n the aggregatmon process 74 agree to contribute back to the Commmttee's budget up to 25% of the 75 estzmated savmngs projected to be realmzed w~th respect to such of 76 their Accounts, if any, for which the Supply ~s to be furnished 77 during the Pilot Period, provided that the aggregate of such 78 contributions back to the Committee shall not exceed $40,000; and 79 WHEREAS, the Commmttee recommends that the aggregation 80 and procurement of the Supply for the P~lot Per~od be effectuated 81 as provided in the Joint Powers Agreement utilizing competmtlve 82 principles pursuant to an exemption from the Requirements; and 83 WHEREAS, the procurement of the Supply through the Joznt 84 Powers Agreement ms structured such that the projected costs of the 85 electrmcal energy requmrements of the City of Vmrg~n~a Beach can 86 only be less than such costs would otherwmse be under otherwise 87 applicable rates; and 88 WHEREAS, that competitmve sealed blddmng and competitive 89 negotiations by the Cmty of Virgznia Beach for such of the Supply 90 as may be applicable to any of its Accounts would not be fiscally 91 advantageous to the public; and 92 WHEREAS, it appearing to the Cmty Council that the joint 93 procurement of the Supply pursuant to the Jomnt Powers Agreement 94 durmng the Pilot Per~od is otherwmse in the best ~nterests of the 95 City of Virginia Beach 96 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 97 OF VIRGINIA BEACH, VIRGINIA: 98 (1) The aggregation and 3oznt procurement of the Supply 99 during the Pilot Period pursuant to the Jomnt Powers Agreement is 100 hereby approved; 101 (2) The Jomnt Powers Agreement and the performance of 102 the terms and conditions thereof on behalf of the C~ty of Virginia 103 Beach are hereby authormzed and approved; 104 (3) The C~ty Manager is hereby authorized and directed 105 to execute and deliver the Joint Powers Agreement on behalf of the 106 City of Virginia Beach in substantially the form presented to the 107 City Council at this meetzng; 108 (4) The return to the Committee of up to 25% of any 109 savings projected to be realized by the Cmty of V~rginia beach on 110 any of its Accounts, as provided in and subject to the overall 111 limitation set forth in the Joint Powers Agreement, Ks hereby 112 authorized and approved; 113 (5) The payment obligations of the C~ty of Virginia 114 Beach pursuant to the provisions hereof and the Jo±nt Powers 115 Agreement shall be subject to annual appropriation of requisite 116 funds therefor by the City Council. 117 Adopted by the Council of the City of V~rglnla Beach, 118 Virginia, on the 24 day of October , 2000. 119 120 121 122 CA-7858 www/ordres / jpaordin, wpd R-1 September 25, 2000 123 APPROVED AS TO CONTENT: 124 125 Public ~orks l- 126 127 128 129 APPROVED AS TO LEGAL Department of Law 130 VIRGINIA GOVERNMENTAL ELECTRICITY PURCHASING ASSOCIATION JOINT POWERS ASSOCIATION AGREEMENT THIS AGREEMENT ("Agreement"), made and entered into as of the ~ day of ,2000, by and among the local governments and other poht~cal subd~ws~ons of the Commonwealth of V~rg~ma which are stgnatones hereto and more particularly identified on Schedule B hereto (each a "Member" and, collectively, the "Members") WITNESSETH: WHEREAS, the Members are each authorized by law to acqmre electric utd~ty services as necessary or appropriate for the operation of their respective public facd~t~es, and WHEREAS, V~rg~ma Code {}15.2-1300 (the "Code") provides that any power, privilege or authority exercised or capable of being exercised by a poht~cal subdivision of the Common- wealth of Virgima may be exercised and enjoyed jointly w~th any other poht~cal subdivision of the Commonwealth having a s~mdar power, pnwlege or authority except where express statutory procedure ~s otherwise provided for the joint enterprise, and WHEREAS, the Code authorizes two or more political subd~wsions to enter ~nto agreements w~th one another for such joint action and to appropriate funds and sell, lease, gtve or otherwise supply such property, personnel or services therefor as may be w~th~n their legal power to furnish, and WHEREAS, the Members, pursuant to the authority granted ~n the Code, desire to create a joint powers association (the "Association") and associate as members hereunder w~th the assistance of the Consultant and Counsel 0dentffied below) for the purposes, among other th~ngs, of promoting the interest and welfare of the Members, and developtng a closer relation among them, all as heretnafier more particularly set forth; and WHEREAS, Virgima Electric and Power Company ("Vtrg~ma Power") has agreed principle to permit localities purchasing energy from V~rg~nia Power ("Virgima Power Localities") to participate in a ptlot program ("Pilot Program") whereby the Virgima Power Locahties may purchase up to 117,000,000 kWh of their annual electricity supply ("Supply") commencing no sooner than January 1,2001, and cont~nmng through no later than December 31, 2002, from one or more compet~tive hcensed suppliers ("Supphers"); and WHEREAS, the VML/VACo V~rg~ma Power Steering Committee, which ~s composed of representatives of mumc~paht~es and other poht~cal subdivisions of the Commonwealth, ~nclud~ng the Members ("Committee"), w~th the adwce and consultation of the Consultant and Counsel, has assisted the V~rg~ma Power Locaht~es in connection w~th the negot~ation of contracts for the supply of electricity, and the Committee has recommended that the V~rg~ma Power Localities aggregate their purchases for the Pilot Program pursuant to one or more requests for proposals ("RFP") to prowde electricity servme to the accounts (the "Accounts") selected by the Suppliers from among apprommately 200 ~nterval accounts w~th a total kWh of approximately 1 bflhon kWh as tdentffied on Schedule A hereto (the "Member Accounts") w~th the specfficat~ons (the "Specfficat~ons") that the contract or contracts awarded for the Pilot Program (the "Pilot Program Contracts") will (a) serve up to approximately 117,000,000 kWh on an annual bas~s for all or any port~on of the period commencing no earlier than January 1, 2001, and ending no later than December 31, 2002 (the "Pilot Period") and (b) be allocated so that apprommately 30% of the 117,000,000 kWh will be allocated to schools on V~rg~ma Power Rate Schedules 1 O0 and 110 and approximately 70% of the 117,000,000 kWh will be allocated to non- schools on Virginia Power Rate Schedule 130; and WHEREAS, the Committee has further recommended that the Virginia Power Localities whose electricity accounts are included within the Member Accounts form a membership association pursuant to the authority granted to locaht~es under the Code; and WHEREAS, the Members consist of all or a portion of the Vlrglma Power Localities whose electricity accounts are included within the Member Accounts; and WHEREAS, the Members desire to use an RFP process that will permit them during all or any portion of the Pilot Period to aggregate their purchases of the Supply from one or more Suppliers using competitive principles; and WHEREAS, the Members desire the continued assistance of the Committee, the Consultant and Counsel in connection with the matters to be undertaken by the Association NOW, THEREFORE, in consideration of the premises and the undertakings hereinafter stated, the Members agree as follows 1. Name. The undertaking of the Members hereunder shall be named and designated as the Virginia Governmental Electricity Purchasing Association (hereinafter the "Association"). 2 Term of the Agreement. This Agreement shall be effective for the period commencing on the date hereof (w~th each Member to adopt the Agreement on or after such commencement date) and shall terminate upon the earlier of (a) completion of the RFP process and, as applicable, the completion of the Pilot Program and any matters necessary to wind up the admimstratlon of the Pilot Program, or (b) a vote by 75% of the members of the Board (as defined below in this Agreement) to turn over the administration of the Pilot Program to a successor association. 3. Purpose of the Agreement. The Members enter ~nto th~s Agreement for the purpose of acting jointly to promote their interests and welfare and to promote the ~nterest and welfare of, and develop close relationships w~th, similar public bodies. Th~s promotion and development shall consist of the following actions undertaken by the Association as the agent for the Members: (a) ~ssuance of one or more RFPs, (b) evaluation of responses to the RFP, (c) award of one or more contracts to one or more Supphers, if any, whose responses are selected pursuant to the evaluation of such responses in accordance w~th the terms of this Agreement, and (d) the adm~mstrat~on of any Pilot Program Contracts that may be awarded pursuant to the RFP All such actions by the Association shall be done with the advice and consultation of the Consultant and Counsel and approved by the Board. 4. Purchase of the Supply. (a) After evaluating any responses submitted by Supphers to the RFP, the Board shall determine what contracts, if any, should be awarded for the purchase of the Supply for the Accounts for the Pilot Period. The purchase of the Supply shall be made pursuant to the exemption from competitive sealed b~dd~ng and competitive negotiation as set forth tn V~rgima Code Section 11-45G of the Vtrg~ma Pubhc Procurement Act (the "Act") using competitive principles, and, to the extent apphcable, other relevant prov~sions of the Act Each Member agrees, subject to annual appropriation, to purchase its respective share of the Supply for ~ts Accounts selected by the successful Supplier(s) from among the Member Accounts and to pay therefor the rate for such Accounts negotiated ~n the procurement process for the Supply, subject may attend all meetings of the Board, but who shall not have voting pnvdeges unless the primary representative of the Member shall be absent The Board shall have power to dec~de all matters relating to the Association's activities and operations, subject to the provisions set forth here~n Whenever any Member withdraws from the Association ~n accordance with this Agreement, that Member shall no longer have any representation on the Board. (b) Meeting of the Board The Board shall meet at such t~mes and places w~th~n the Commonwealth of V~rgm~a as shall be designated by the Chmrman Three working days' notice by fax or E-mad shall be g~ven tn advance of all Board meetings (c) Officers of the Board. Paul Proto ~s hereby designated as Chmrman of the Board and Steve S~nclmr is hereby designated as ~ts V~ce Chmrman, to serve untd the earher of (a) the termination of the Assomation or (b) the submission of such officer's resignation or h~s removal and the elect~on of a successor by the Board. The Chmrman shall preside at all meetings of the Board, and in h~s absence, the Vice Chmrman shall preside Vacanmes in such offices may be filled by the Board at any meeting. Steve Crmg of the VML, or its designee, shall serve as the Board's secretary, but without vote (d) Quorum Twenty-five percent of the members of the Board shall consmute a quorum for any Board meeting (e) Actions by the Board. All matters for action by the Board may be adopted upon the affirmative vote of a majority of the Members present and voting (f) Consultant and Counsel The Columbia Group ~s hereby ~mt~ally designated as Consultant to the Association and Christian & Barton, L L.P, ~s hereby ~mt~ally designated as Counsel to the Association 6 Budget of the Association. (a) There is hereby established a budget of $40,000 for the RFP process and the selection of and contracting with the successful Suppher, based upon an estimate therefor of $20,000 for the Consultant and $20,000 for Counsel, including fees and expenses. The budget shall be funded from amounts set aside by the Committee from ~ts current operanng budget (b) Each of the Members owmng any of the Accounts shall, subject to annual appropriation, contribute back to the Committee by December 31,2001, for credit to the Committee's current operating budget an amount of up to 25% of such Member's sawngs projected to be reahzed from purchasing its respective share of the Supply for its Accounts compared to the amount that otherwise would be projected to be paid by applying the Virginia Power Rate for such Accounts; prowded, that the aggregate of such contnbunons back to the Committee shall not exceed $40,000 total for all members Such projected savings and contributions back to the Committee shall be reasonably determined by the Consultant following the award of the contract or contracts for the Supply and a written report thereof promptly delivered by the Consultant to the Committee and to each of the Members. Should the projected aggregate savings for all the Accounts exceed $160,000 ( 25 x $160,000 = $40,000), the percentage of each Member's contribution back shall be adjusted by the Consultant in making its determinations by multiplying .25 by a fraction, the numerator of which shall be 160,000 and the denominator of which shall be the sum of the projected savings for all the Accounts No Member shall be reqmred to pay any portion of any contribution back assessed to, but unpaid by, any other Member (c) The Association shall not create or ~ncur any liability for the Members, jointly or severally, other than 0) the costs incurred by any Member in paying for any Accounts of the Member that are served under any Pilot Program Contracts and (~) the reimbursement owed to the Committee pursuant to subsection (b) above. 7. Withdrawal of Members. A Member may w~thdraw from the Association effective upon the earlier of (a) notice from the Association that no Pilot Program Contract w~ll serve any of the Member's Member Accounts, or (b) notice from the Association that the term of all Pilot Program Contracts serving any of the Member's Member Accounts has expired and the Member has reimbursed the Committee for any amounts owed under Section 6(b) of this Agreement. 8 Notices. Unless otherwise provided for here~n, notices, approvals, requests, consents and other commumcat~ons under th~s Agreement shall be ~n writing and shall be deemed to have been g~ven when dehvered ~n person, by fax or by E-marl or marled by first class, registered or certified mail, postage prepmd, addressed to the primary representatives of the Members at the addresses shown on Schedule B The Members may designate by not~ce g~ven hereunder any further or different addressees or addresses to which subsequent commumcatlons under th~s Agreement shall be sent 9 Execution of Multiple Originals. This Agreement may be executed by the Members in multiple original counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same ~nstrument SCHEDULE B LIST OF BOARD MEMBERS Members Designated members of the Board 11 Item VoJ. 5. a. ORDINANCES - 33 - ITEM # 47295 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Czty Counctl ADOPTED: Ordinance to authorzze a temporary encroachment Shore Ventures Associates, LLC mto a paper street, known as Piedmont Circle, and, a portton of Crab Creek to construct and maintain an access pier, pter and proposed finger pters (BA YSIDE - DISTRICT 4) The followtng concht~ons shall be requtred, The temporary encroachment shall be constructed and maintained tn accordance wtth the laws of the Commonwealth of Vtrgmta and the Ctty of V~rgm~a Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termmate upon nottce by the Ctty to the apphcant and. wtthm thtrty (30) days after such not~ce ~s 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 mdemmfy and hoM harmless the Czty, tts agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artsmg out of the locatton or extstence of the temporary encroachment Nothtng herem contamed shall be construed to enlarge the permzsston and authortty to permtt the matntenance or construction of any encroachment other than that spectfied hereto and to the hm~ted extent specified herem, nor to permtt the mamtenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to maintain the temporary encroachment so as not to become unstghtly or a hazard The Apphcant agrees to obtain a permit from the Office of Development Servtces Center/Planmng Department prtor to commencing any constructton wtthm the encroachment area The apphcant agrees that prtor to tssuance of a rtght-of-way permit, the apphcant must post sureties, m accordance wtth thetr engineer's cost esttmate, to the Office of Development Servtces Center/Planmng Department The apphcant shall obtam and keep tn force all rtsk property insurance and general habthty or such insurance as ts deemed necessary by the Ctty, and all msurance pohctes must name the Ctty as additional named insured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty insurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combined smgle hmtts of such insurance pohcy or pohctes The apphcant must provide endorsements provtdmg at least thtrty (30) days'written nottce to the Ctty prtor to the cancellatton or termmatton of, or materzal change to, any of the insurance pohctes The apphcant assumes all respons~bthttes and hablhtles, vested or contingent, wtth relanon to the temporary encroachment October 24, 2000 i Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF PIEDMONT CIRCLE/CRAB CREEK BY SHORE VENTURES ASSOCIATES, LLC, ITS ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, SHORE VENTURES ASSOCIATES, LLC, desires to construct and maintain an access pier, pier and proposed finger piers into the City's right-of-way known as Piedmont Circle and a portion of Crab Creek. WHEREAS, City Council is authorized pursuant to §§ 15.1-316 and 15.1-893, Code of V~rgin~a, 1950, as amended, to authorize a temporary encroachment upon the City's right-of-way 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 §§ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended SHORE VENTURES ASSOCIATES, LLC its heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for an access p~er, pier and proposed finger piers 2 0 ~n the City's right-of-way as shown on the map entitled: "PROPOSED MARINA IN CRAB 21 CREEK. LYNNHAVEN RIVER. VIRGINIA BEACH · APPLICANT: SHORE VENTURES", 22 a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and 24 BE IT FURTHER ORDAINED, that the temporary encroachments are 25 26 2'7 expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and SHORE VENTURES ASSOCIATES, LLC, (the "Agreement") which is attached hereto and incorporated by reference; and 28 29 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 3 0 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 31 such time as Mike Megge, Managing Member, on behalf of Shore Ventures Associates, 32 LLC and the City Manager or his authorized designee execute the Agreement. 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~,~ 34 day of October ,2000. 3 5 CA-~'~,~',~' 36 R-1 3'7 PREPARED October 5, 2000 ^s o,co. E. S SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY ~ FORM C~TY ~tT'I'O~N EY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 ~')L,/~2~ 200c'~), by and THIS AGREEMENT, made thlsd(c day of between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and SHORE VENTURES ASSOCIATES, LLC, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "OCEAN PARK" and That, WHEREAS, it is proposed by the Grantee to construct and maintain marina moonng slips, "Temporary Encroachment", in the City of Virgima Beach; GPIN 1489-58-6459; and WHEREAS, tn constructing and maintatning the Temporary Encroachment, it is necessary that the smd Grantee encroach into a portion of an emsting C~ty right of way located at PIEDMONT CIRCLE/CRAB CREEK, "The Encroachment Area"; and said 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 the further conslderatton of One Dollar ($1.00), in hand pard, to the City, receipt ofwhtch ts hereby acknowledged, the City doth grant to the Grantee GPIN 1489-58-6459 permission to use The Encroachment Area for the purpose of constructing and maintaining the 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 Vlrgima and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to w~t: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED MARINA IN CRAB CREEK . LYNNHAVEN RIVER VIRGINIA BEACH . APPLICANT: SHORE VENTURES", a copy of which ~s attached hereto as Exhibit "A" and 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 C~ty to the Grantee, and that within thirty (30) days after such notice is g~ven, 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 ~s 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 ~n 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 penmt 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 ~s further expressly understood and agreed that the Grantee agrees to mmnta~n the Temporary 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 Office of Development Services Center/Planning Department prior to commencing any construction w~thin The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, ~n accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liabihty or such insurance as is deemed necessary by the City, and all ~nsurance pohcies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single hmits of such ~nsurance policy or policies. The Grantee wall provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibdit~es and liabihties, vested or contingent, with relation to the Temporary Encroachment. It ~s further expressly understood and agreed that the Temporary Encroachment must conform to the mimmum setbacks requirements, as estabhshed by the C~ty. It is further expressly understood and agreed that the C~ty, upon revocation of suc¢ 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 reqmre the Grantee to remove the Temporary Encroaclunent; and ~f 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, SHORE VENTURES ASSOCIATES, LLC, the said Grantee has caused this Agreement to be executed in its corporate name and on its behalf by ~ts partner, and its corporate seal to be hereto affixed and duly attested by its corporate secretary w~th due authority by its board of directors. Further, that the City 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. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By: City Manager/Authorized Designee of the City Manager City Clerk · egge, lqanag~x'~~~ember Shore Ventures Associates, LLC 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. 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. My Commission Expires: Notary Public STATE OF VIRGINIA CITY/I~KR,III" OF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this 26th day of September , 20 00, by MIKEMEGGE, VENTURES ASSOCIATES, LLC. Managing Member, on behalf of SHORE _ . , r,, Not;aCy-Puglic My Commission Expires: August 31, 2002 APPROVED AS TO LEGAL SUFFICIENCY CITY XT~O~ APPROVED AS TO CONTENT 5 ~ VICINITY · J FUIURE ClIY OF YA ICH I~ IOkl RA~P FACILIIY k ,~: ~--~- ~..~. ~ (..'~' ~/ ~ ~ ~r'~-- ,,.,o.,, . ~ ~ ~ ~-/ · Proposed /' !~/ '"'" ' "'""" ~ / k. ~ / ' ",, I ~ Ramp " ~ I / ~i/ .'* % I · · · t PROPOSED FINGER PIERS J SPACfO At 2k' O/C PROPOSED PIER I ! PROPO$1~ ¢ITT o~ VlRGIII& leACH ¢#A##IL SO'viol g -S.O'OIEP PURPOSE: HAR INA DAT.U_H: ~L~ .', 0.. 00,, IllOl,l,V, Oll,l,I. 5583 ftte,o,~ RAOOII~J P lt#lllll,¥ I I II III SITE PLaN l'-tO0' · '" ' I _ I/I II & · APPLICANT: SHONE VENTURES ASSOC.LLC, HIKE ~EGGE, PARTNER 22q8 CALVERT ST. VIRGINIA BEAC~.YA.23~! AGENT: KEN THO#PION CONSULTANT 3705 BOSUN DRIVE CHESAPEAKE,YA.2332! 7/Zq/OO I II II PROPOSED S-SLIP C0NOOHINU~ HOORIN$ FACILITY I PROPOSEO ~ARINA IN CRAB CRlE~ LYNNHAVEN RIVEN VIRGINIA BEACH APPLICANT: SHORE VENTURES S,EET'I OF 3 Mr. James C. Lawson Real Estate Agent Dept. of Public Works City of V~rgmia Beach September 19, 2000 Re: Shore Ventures Associates, L.L.C. - Application for Proposed Shps/Piers and Condom~mum Moonng Facdity in Crab Creed, Lynnhaven River, Virginia Beach, Virginia. Site location: Intersection of Lynnhaven Promenade and Piedmont Circle on Lots 6,7,8,9 & 10, Block 3, Section A, Ocean Park (GPIN#1489-58-6459;#1489-58-5541,#1489-58-5517) / District 4 - Bays~de. M/'. Lawson, The enclosed petitions, s~gned by property owners and residents of the Ocean Park community, express concern regarding the encroachment of the proposed boat dock onto C~ty property. Please constder this opposition at the upcormng rewew dunng the Joint Perrmt Application process. Thank you, Wendy V~ughn Homeowner PETITION TO C~ty of V~rg~ma Beach Planmng Department RE Apphcataon for Proposed Sllps/P~ers and Condomtmmn Mooring Famhty ~n Crab Creek, Lynnlmven Paver, V~rgm~a Beach The apphcaUon ~s made by Shore Ventures Assocmtes LLC, Mxke Me~gge, Panner, 2248 Calvert Street, V~rg~ma Beach, Varg~ma 23451 Agent Ken Thompson, Consultant, 3705 Bosun Drive, Chesapeake, Vlrg~ma 23321 We, the undersigned, object to the granung of the stated apphcauon We are owners or occupants of property, or residents of the Ocean Park commumty ~n which the proposed variance for shps/p~ers ~s being requested by Shore Ventures Associates, LLC 1 The proposed boat shps/p~ers would encroach on c~ty property, effecuvely takang ~t for private use 2 The proposed boat shps/p~ers would block pubhc access to Crab Creek flu-ough the exxstmg chrt boat romp on c~ty property NAME S~gnature ADDRESS Date 3 4 5 PETITION TO City of Vlrg~ma Beach Planning Department RE Apphcatlon for Proposed Sllps/P~ers and Condormmum Mooring Faclhty ~n Crab Creek, Lynnhaven Paver. Vtrgmla Beach The application is made by Shore Ventures Assocmtes LLC, Mike Melgge, Panner, 2248 Calvert Street, Vlrgtma Beach, V~rg~ma 23451 Agent Ken Thompson, Consultant, 3705 Bosun Drive. Chesapeake, Virginia 23321 We, the undersigned, object to the granting of the stated apphcaUon We are owners or occupants of property, or residents of the Ocean Park commumty ~n whmh the proposed variance for shps/piers is being requested by Shore Ventures Associates, LLC 1 The proposed boat shps/p~ers would encroach on c~ty property, effecUvely taking ~t for private use 2 The proposed boat shps/pters would block pubhc access to Crab Creek through the exasUng chrt boat romp on ctty property NAME S~gnature ADDRESS Date ~ - . 4~_ ~~~ ~q~ ~. ~~~ t~ t 1o r , - 35 - Item V-J. 5. b. ORDINANCES ITEM # 47296 Upon motion by V~ce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnance to authortze a temporary encroachment Glover Industries, LLC into a portton of the Ctty's rtght-of-way and vartable wtdth easement, known as the Lake Gaston Ptpehne, to allow for placement and mamtenance of a support structure and conveyor system On darrett, Vtrgmm) The followtng condtt~ons shall be requtred The temporary encroachment shall be constructed and mamtamed tn accordance wtth the laws of the Commonwealth of Vtrgmta and the City of Vtrgtma Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon not~ce by the C~ty to the apphcant and, wtthm thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wdl bear all costs and expenses of such removal The apphcant shall mdemmfy and hoM harmless the Ctty, tts agents and employees from and agamst all claims, damages, losses and expenses, mcludmg reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment No permtsston or authortty rs gtven to the apphcant to permtt the maintenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied herem, nor to permtt the mamtenance and constructton of any encroachments by any one other than the apphcant .5 The apphcant agrees to mamtatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant shall obtatn and keep tn force all rtsk property insurance and general habdtty or such insurance as ts deemed necessary by the Ctty, and all msurance pohctes must name the Ctty as add~ttonal named tnsured or loss payee, as apphcable The apphcant must also carry comprehenstve general habdtty msurance tn an amount not less than F~ve Hundred Thousand Dollars ($500,000), combmed single hmtts of such insurance pohcy or pohctes The apphcant must provtde endorsements prowdmg at least thtrty (30) days'wrttten not~ce to the Cttyprtor to the cancellatton or termination of or matertal change to, any of the insurance pohctes The apphcant assumes all responstbdtttes and ltabtltttes, vested or conttngent, wtth relatton to the temporary encroachment The apphcant shall submtt for rewew and approval a survey of the area bemg encroached upon, certified by a regtstered professtonal engmeer or a hcensed land surveyor, and/or "as butlt" plans of the temporary encroachment, sealed by a registered professional engineer, ~f requtred by the Ctty Engineer's Office October 24, 2000 ' i AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT ONTO A PORTION OF CITY OWNED RIGHT OF WAY AND RIGHT OF WAY EASEMENT KNOWN AS THE LAKE GASTON PIPELINE RIGHT OF WAY BY GLOVER INDUSTRIES, L L C , ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 11 12 13 VIRGINIA That pursuant to the authority and to the extent thereof contained in Section 15 1-893, Code of V~rgmia, 1950, as amended, Glover Industries, L L C, its assigns and successors in title are authorized to construct and maintain a temporary encroachment onto the City owned right of way and right of way easement known as the Lake Gaston Pipeline Right of Way, located in Jarrett, 14 15 16 17 Virginia That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a support structure and conveyor system for a clup mill and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Utilities 18 Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows 20 21 22 23 24 25 26 27 28 29 3O 31 An area of encroachment into a portion of the City's right of way and right of way easement known as the Lake Gaston Pipeline Right of Way as shown on the certain plat entitled "ENCROACHMENT PLAT FOR GLOVER INDUSTRIES, L.L.C. SHOWING ENCROACHMENT INTO PROPERTY AND EASEMENT OF CITY OF VIRGINIA BEACH TOWN OF JARRATT NOTTOWAY MAGISTERIAL DITRICT GREENVILLE COUNTY, VIRGINIA, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description 32 PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall 3 3 terminate upon notice by the City of Virgima Beach to Glover Industries, L L C, its assigns and 3 4 successors in title and that within thirty (30) days after such notme is given, said encroachment shall 3 5 be removed from the City's right of way and right of way easement at the rear of 230 South Allen i I 65 66 67 68 69 7O 71 72 73 74 AND, PROVIDED FURTHER, that the Party of the Second Part agrees to carry General Liability Insurance in an amount not less than $500,000 00 and have City named additional insured AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that an authorized officer of Glover Industries, L L C executes an agreement with the City of Virgima Beach encompassing the aforementioned provisions Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of October CA- PREPARED 9-25-00 ,2000 APPROVED AS TO CONTENT: /~City Real Estate Agent APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City Attorney PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(aX3) AND 58 1-811(c)(4) REIMBURSEMENT AUTI IORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ...day of ,2000, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and GLOVER INDUSTRIES, L.L.C., ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land containing 2.127 Acres, designated and described as "230 South Alien Road, Jarratt, Virginia 23867; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a support structure and conveyor system for a chip mill, "Temporary Encroachment", in Greenville County, Virginia; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it ~s necessary that the Grantee encroach into a portion of an existing City of Virginia Beach Right of Way and a City of Virginia Beach Right of Way Easement, utilized for the Lake Gaston Pipeline, "The Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. , I NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for 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 the 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: "ENCROACHMENT PLAT FOR GLOVER INDUSTRIES, L.L.C. SHOWING ENCROACHMENT INTO PROPERTY AND EASEMENT OF CITY OF VIRGINIA BEACH TOWN OF JARRATT NOTTOWAY MAGISTERIAL D1TRICT GREENVILLE COUNTY, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the 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, ~ts agents and employees, from and against all claims, I 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 the 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 Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessa~y by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. I It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that no construction activity or placement of any structures or facilities within City property or easements is to occur until the City has been provided seven (7) days advance notice. It is further expressly understood and agreed that construction contractors will be instructed, by the Grantee, to coordinate with City's representatives with respect to construction activities, schedules, and any means or methods that may be necessary to protect the City's Lake Gaston Pipeline, "the Pipeline" It is further expressly understood and agreed that activity within The Encroachment Area is restricted to a sixty (60) foot wide comdor centered under the Clfip Mill conveyor. It is further expressly understood and agreed that the southern conveyor support of the Temporary Encroachment is to be located outside of The Encroachment Area; the northern conveyor support of the Temporary Encroachment is to be located directly over the existing southern rail of the railway; and no supports for the Temporary Encroachment are to be placed or located within twenty-five (25) feet of the centerline of the Pipeline. It is further expressly understood and agreed that no fill or excavation is to occur within twenty-five (25) feet of the centerline of the Pipeline. It is further expressly understood and agreed that no loadings greater than AASHTO HS 20 standard loadings will occur over the Pipeline or within twenty-five (25) feet of the centerline of the Pipeline. 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 pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; 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, the said Glover Industries, L.L.C. 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 dtrectors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its C~ty Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk (SEAL) ATTEST: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: GLOVER INDUSTRIES, L.L.C. Brian K. Glover, President APPROVED AS T? LEGAL 8UFFiOiEN~V The foregoing instmmem was acknowledged before me this day of ,2000, by .., CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public i STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2000, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: CITY/~Y Ol~/ /~_ ~ OO~_a.~ , to-wit: I The foregoing insma'nent was acknowledged before me tiffs l~ ~-/3 day of ~, 2000, by Brian K. Glover, President, on behalf of Glover Industries, L.L.C.. ~/ N~tary Public My Commission Expires: l- J I'/) ~5 STATE OF/~f~~& . CITY/~ OF , to-wit: The foregoing instrument was acknowledged before me this /,g/q dayof Industries, L.L.C.. 2000, by ...J~dt /-1 C , Secretary, on behalf of Glover My Commission Expires: /- ~1' b3 ~-/% 90 14'0r56" RAD. 979 73 ARC. 239 99 CH. 239 39 S66O40'25"W I'll ~72'27'20"W ,00'05"~/ S00'17'45"E t SOI*Ir45"E E0389 ~ 149~? SOOOE6'50"E 255 57 ~ g P~. 14 PG 29 0 0 z,,, ~, ' c I -37- Item ORDINANCES ITEM it 47297 Upon monon by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: AS REVISED, TO DELETE CERTAIN REFERENCES TO "OPEN SPA CE": Ordmance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission, as approved by the Comm~sston on September 13, 2000 Voting 9-0 (By ConsenO Counctl Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mand~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 Wtlham W Harrtson, Jr, and Reba S McClanan October 24, 2000 AN ORDINANCE TO RATIFYAMENDMENTS TO THE BYLAWS OF THE PARKS AND RECREATION COMMISSION WHEREAS, the Parks and Recreation Commission on September 5 13, 2000, approved various changes to its Bylaws; and WHEREAS, Article 9 of the Commission's Bylaws provides 7 that amendments to the Bylaws must be reviewed and ratified by City 8 Council; and WHEREAS, City Council has reviewed these recommended 10 amendments and, with the exception of amendments concerning open 11 space, finds them to be acceptable. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 That the City Council hereby ratifies the amendments to 15 the Bylaws of the Parks and Recreation Commission, as approved by 16 the Commission on September 13, 2000, and as revised by the Council 17 this date to delete all new references to open space, a copy of 18 which is attached hereto as Exhibit 1 and hereby incorporated by 19 reference. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of October , 2000. CA7869 F:~Data~ATY~Ordin~NONCODE[parks & rec bylaws.ord.wpd R2 PREPARED: 9/19/00 APPROV AS TO CONTENT: Parks and Recre APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office I EXHIBIT 1 REVISED 8/11/93 REVISED 8/15/00 VIRGINIA BEACH PARKS AND RECREATION COMMISSION BY-LAWS The Virgln, a Beach Parks and Recreation Commission has adopted the following articles in order to facilitate its powers and duties in accordance w,th the provisions of the ordinances and resolutions of the City of Virginia Beach, Virginia. ARTICLE 1 That there ,s hereby created a Comm,smon to be known as the Virginia Beach Parks and Recreation Commission, hereinafter referred to as the "Commission" ARTICLE 2 -- Purpose of the Commission The Commission shall serve as an advisory body of the Virglma Beach City Council ("Council") for the purposes set forth in this article. The Commission shall serve as a liaison between Council, the City Manager, the Director of the Department of Parks and Recreation therewith, and the citizens of the City. The Commission shall consult with and advise the City Manager, the Director and the Council in matters affecting open spa¢c, parks and recreation policies, programs, finances, and the acqu, mtlon and d~sposal of lands and properties related to the total community and open space, parks and recreation program, and to its long-range projected program for opcn apace, parks and recreat, on. ARTICLE 3 -- Membership Section 1. -- The Commission shall be comprised of twelve (12) members until such time that an at-large member's term expires Effective then, the Commission will be comprised of eleven (11) members One (!) member shall be appointed bY City Council from the residents of each of the Ctt_y's seven (7) election districts, and the remaining members shall be appointed from among the residents of the Ct~_ at large The Commission members are appointed by Council for such terms as Council shall provide. Members will serve without pay, but under certain conditions may be paid expenses incurred while performing their duties. City staff shall serve as ex-officio members with no voting power. Other communt~_ members requested bY the Commission and approved bY Council shall serve tn an ex-officio capacity with no voting power They shall serve one year terms or as necessary tn an advisor_ capact~_ Section 2. -- Vacancies occasioned by removal, resignation, or otherwise, shall be reported to the Council, and shall be filled in like manner as original appointments, except that the term of office is restricted to the unexpired term of office. T~c¢ -~- ...... c_~_ r, ......... KJA-/~,.~II~..~%.,'~,,.~ ll%.Jlll 9~lllllllflOl~ll mcctings ~.,... a j~ ~j any ............. thc o ........... u.,, ~ a .... a ........... c.~__ ,u~ ~ ......... No b h ll l an annual total of more than three absences for reasons other than personal illness, the illness or death of a relative, or other circumstances beyond the member ¢ control [( thts hmttatton ts exceeded, the Chairperson shall forthwith report to the Ct~ Clerk the name of the member whose unexcused absences exceed the hmttatton, pursuant to Code 2[the Ct~ of Drgtnta Beach fi 2-3 1 In the event 2[an anticipated absence, a member shall dthgent¢ attempt to not{~ the Secreta~ ~(the absence prior to the meeting Section 3. -- Members may be reimbursed for travel and subsistence to professional recreation meetings, conferences and workshops. Such reimbursement may be made in compliance with the general policies of Virginia Beach upon authorization of the City Manager. i ARTICLE 4 -- Officers The officers of the Commission shall be C~,,,l~,,ll Chatrperson, '~'-- ,-t._:____ Vtce- Chairperson and Secretary. The officers shall be elected at the organizational meeting to serve for one year or until a successor shall be elected. ARTICLE 5 -- Meetings Section 1. -- Regular meetings shall be held the second Wednesday of each month during the year. Begtnntng Janua~_ , 2001, regular meettngs of the Commtsston shall be held the second Tuesday of each month during the year Section 2. -- Special meetings may be called by the C,5ahl,--nan Chatrperson or on the written request of at least three members. Section 3. -- The time and place for the meetings shall be designated by the Chairman. Chatrperson. Section 4. -- The first regular meeting in September of each year shall be called the orgamzatlonal meeting. The purpose of this meeting shall be the election of officers, thc ...... · ~' .... "'~- ....... ' .... -' reviewing the inventory report, and other business that may need to come before such meetings The presentatton of the annual report shall be ~n Janua~_ of each year Section 5. -- The majority of the members present and voting at any duly constituted meeting shall have the full authority of the Commission, provided that no fewer than seven voting members must be present to constitute a quorum and no fewer than seven voting members shall constitute an organizational meeting. Section 6. -- All meetings are open to the public. Where allowed by the Freedom of Information Act, the Commission, by majority vote, may go into cxccut~v¢ ~¢~$~on a closed meettng. Section 7. -- Meetings shall be conducted in accordance w~th procedures prescribed in the by-laws. Section 8 -- The following shall be the order of business of the Commission, but the Rules of order may be suspended and any matters considered or postponed by action of the Commission. Order of Business -Call to order -Roll call -Consideration of minutes of last regular meeting and of any special meetings held subsequently and their approval or amendment -Correspondence -Unfimshed business -.,~wl,o ,,, o,--,l,*,llS cornm;tt¢c$ Commtttee dtscusstons -Rcpo~a _c ...... , ~, ~~ c~mm;ttcca Reports from Liaisons . ...... c+~_ ~ ...... :-- Rep t fr D -New bus~ness -AdJournment Section 9. -- The rules of procedure outlined in Robert's Rules of Order (revised), shall govern the Commission on all occasions in which they are applicable and in which they are not found ~nconslstent with the by-laws or special rules of the Commission. ARTICLE 6 -- Duties and Respons~biht~es of the Commission Section 1. -- The Commission shall make recommendations for approval by C~ty Councd 1) The establishment of a system of supervised recreat,on for the C,ty; to set apart for use as parks, playgrounds, recreation areas and structures, any lands, water areas or bmldlngs owned or leased to or controlled by the City and may suggest ~mprovements of such lands or bu,ldings, and structures as may be necessary to the recreat,onal program within funds allocated to the Department. 2) The Commission shall assist C~ty Council and the C~ty Manager by appointing subcommittees to study and evaluate certmn matters dealing w~th Parks and Recreation as directed by City Counc, 1. Section 2. -- The Commission shall adv,se Council in the acceptance of any grant, gffi, bequest or donation of any personal or real property offered or made ava, lable for recreational purposes and wh, ch ~s judged to be of present or possible future use for recreation or parks. Section 3. -- The Commission shall interpret the recreation and park services of the Department to the commun,ty and ~nterpret the needs and desires of the commumty to the Councd, C~ty Manager and D~rector. Section 4. -- The Commission shall determine and estabhsh the general pohmes to be followed ~n carrying out the purposes for which the Commission was established. Section 5. -- Financial Dut, es and Respons~b,ht~es -- The Comm,ss~on shall have no authority to enter ,nto any contract or incur any obhgat~on b~ndlng the City 1) The Comm~sslon shall assist the Director in the development and preparat,on of an annual budget for the Department to be submitted to the C,ty Manager and subsequently to C~ty Council, at the t, medes, gnated by the City Manager 2) The Commission shall assist the D~rector in the development and preparation o fan annual budget for capital ~mprovements (acqms~t,on and development) ~n accordance w~th the plan for parks and recreation for the C~ty. Section 6. -- Planmng Duties and Responsxbd~t~es -- The Commission shall ~nvest, gate and determine the needs and interests of the commumty for recreation facd~t~es and programs, and recommend recreat,onal programs and faclht, es to meet these needs and interests. ARTICLE 7 -- Duties of Officers and Relationship of the D~rector of Parks and Recreation Section 1. -- Clhal. l,--nan. Chatrperson -- The Chai~an Chatrperson shall preside at all meet,ngs, s,gn offic,al papers, appo,nt comm,ttees, call spec,al meet,ngs when he or she deems ,t advisable, and perform all such duties as are usually handled by a Chai~an. Chatrperson, except when such duties are properly delegated. The C.hai.,~-nan Chairperson may succeed h~mself or herself and shall be elected from the Commission members. Section 2. ,, .... ,. ..... ~,~ ~ , ,. ~ ^ r,,. ..... Vtce-Chatrperson. The Vtce-Chatrperson shall perform all the duties of the Cl.,~l~.,,,.. Chatrperson, ~n the absence of the Chai,~an. Chatrperson. The V~cc- Cha;~an Vtce-Chatrperson shall be charged with the respons~bd~ty to see that all standing and temporary committees function as planned by the Comm~ss,on. In the absence of both the C,.,a.l~.,~. Chatrperson and the V~cc-Cha;rn.an Vtce-Chatrperson, the Comm~ss,on shall elect a ,~.-,~ll,llan Chairperson Pro Tempore who shall perform the duties of the C.,,~.~l.l,,.. Chatrperson Section 3. -- Secretary-- The Secretary shall perform the usual duties pertaimng to the office. The Secretary shall keep or cause to be kept a full and true permanent record of all meetings of the Commission. Th~s ~ncludes regular and special meetings plus reports of standing committees and the Secretary shall be the custodian of all documents committed to h~s or her care. Section 4. -- Executive Committee -- The Executive Committee shall consist of the officers elected by the Commission. It will be their duty to review all matters to be brought before the entire Commlss~on, make recommendations and prepare an agenda for the Commission meetings. Meetings of the Executive Committee will be held as called by the Chai~r~n. Chatrperson. Section 5. -- D~rector's Relationship -- The D~rector shall have a cont~nmng respons~bihty to explmn the orgamzatlon, responslblht~es, working relationships and program objectives of the Department of Parks and Recreation to the Commission. The D~rector of Parks and Recreation shall work closely w~th the Commission in matters of~nterest to the Commission, ~nvolv~ng the operation of an efficient parks and recreation program in the City of Virg~ma Beach. The D~rector is an ex-officio member (by virtue of his/her office) and attends the Comm~sslon meetings. The Director keeps the Commission ~nformed concerning the ~nterests, needs, objectives, the progress of plans and other factors related to Parks and Recreation and considered to be of importance to the Commission. ARTICLE 8 -- Reports The Commission shall make full and complete reports to the Council at such times as may be requested and at such other times as the Commission may deem proper. ARTICLE 9 -- Amendments These by-laws may be amended at any regular meeting of the Commission by a majority of the entire Commission, provided previous notice of the nature of any proposed amendment shall have been g~ven at least one regular meeting before the action thereon shall be taken and upon concurrence of the City Council of the City of Virginia Beach. The Commission's by-laws, rules and regulations governing ~ts procedure shall not be ~nconslstent with the provisions of the State laws and the approved ordinances and resolutions as set forth by the Virginia Beach C~ty Council Approved this __day of Recreation Commission. ,2000, by the Virginia Beach Parks and C,,,--,-,,. Chatrperson Secretary F \Data\ATY\Ord~n\NONCODE\bylaws-old wpd - 38 - Item V-J. Z ORDINANCES ITEM # 47298 Upon monon by V~ce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $150,000 grant from the Federal Emergency Management A gency (FEMA) to the Ftre Department's FY 2000-2001 operating budget re support operattons of the V~rgm~a Task Force No 2 Urban Search and Rescue Team Vottng 9-0 (B.y Consent) Counctl Members Votmg Aye Dnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Ihce Mayor Wtlham D Sessoms, Jr and Rosemary W~lson Counctl Members Voting Nay None Council Members Absent Wtlham W Harrtson, Jr, and Reba S McClanan October 24, 2000 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $150,000 GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2000-01 OPERATING BUDGET TO SUPPORT THE OPERATIONS OF THE FEMA URBAN SEARCH AND RESCUE TEAM, VIRGINIA TASK FORCE NO.2 WHEREAS, the Federal Emergency Management Agency ("FEMA") 12 13 provides annual grants to localities sponsoring Urban Rescue Teams; WHEREAS, the City of Virginia Beach, as the sponsoring 14 locality for Virginia Task Force No. 2, an Urban Search and Rescue 15 Team authorized by FEMA, has been awarded a grant in the amount of 16 $150,000 to be used for the maintenance of equipment, the purchase 17 of additional equipment, and the training of personnel; and 18 WHEREAS, this grant does not require a city match. 19 20 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $150,000 grant is hereby accepted from the Federal 23 Emergency Management Agency and appropriated to the Fire 24 Department's FY 2000-01 Operating Budget for maintenance of 25 equipment, the purchase of additional equipment, and the training 26 of personnel for the FEMA Urban Search and Rescue Team, Virginia 27 Task Force No 2. 28 2. That estimated revenue from the federal government is 29 30 31 32 hereby increased in the amount of $150,000. Adopted the 24 day o~ct°b~r2000, by the Council of the City of Virginia Beach, Virginia. 33 34 35 36 37 38 39 4O 41 42 43 CA7888 F:~Data~ATY~Ordin~NONCODE~FEMA.ord.wpd October 17, 2000 R2 APPROVED AS TO CONTENT APPROVED AS TO LEGAL · , , t er City Attorney s Office ...... -,-= ~ iE:FE, , _.,, 4_,, 4d9_, . F'E'E, OIJF"EE I IGT 642 F'L) 1 Federal Emergency Management Agency Washington, D,C. 20a~72 O,iT lB ' O0 10'1- NAR 2 C 2009 Steven Cover Virginia Beach Fire Department S~cial Operations, Municipal Center 2408 Courthouse Drive, Building #21 Virginia Beach, VA 23456-9065 Mr. Cover: Enclosed is a fully executed copy of FEMA agreement number EMW-2000-CA.0047. Please retain this document for your records. Should you have any questions, you may contact me at (202) 6404531. Sincerely, Arlene Ramsey "% Grants Management Specialist Enclosure '--9' REciPIE;I;4T PROJE~i'-MAN~GER t'1 ASSISTANCE ARRANGEMENT ~] COST REIMBURSEMENT ['-'] COST SHARING r'"] FIXED PRICE E~ OTHER -14 ASSISTANCE AI~OUNT 12.-PAYMENT METED TREASURY CHECK REJMBURSEMENT ADVANCE CHECK LETTER OF CREDIT PREVIOUS AMOUNT At, CUNT TH~S ACtiON ¥OTA~ AMOUNT -~ [~ESCR~P'nON ~:,4~' Pu-' OCT 16 '00 2 TYPE OF AGTION ..... ----::-- ....... 6 EFFE'C'r~VE DATE 1'6.'CON mOL 'NOMaER' See Block #21 ~ W3332~SY Federal Eme~eflcy Management A~ ~CS~,~W,R~m~ PO ~ ~7~ See Con~nu.bon Page This I$ a C_~:,c~_. ,reUve Al~'eement f~ I~e development ~ main~n.~ of ~U~II US&R Re~ System r~r~s, ~ ~ ~ ~r~ ~ P~e qual~ a~ ~nl ~&R ~r~ ~ l~p~ of ESF-9 u~er ~e Federal Ro~o The Statement of Wo~ !~ Included et Attachment A. (Page 1 of 8} ~?, RB~;IP'i'~NT REaUi-AE~MENT RECIPIENT I$ REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE I$SUINC..VADMIN OFFICE IN BLOCK RECIPIENT IS NOT REQUIRED TO SIC.~i 'I'HI~; DOCUMENT 18 RECIPIENT {Type n~me lind -20.~ FNAYUR~-' h.-Ei---' j,,rr , I , ...,, 4_,, 43d._, '.~BFD PE'=_,OUP'--,E flGT 642 POS ID'iT 16 '00 i0'lS CONTINUATION PAGE A. 1 PRICE/COST SCHEDULE ITEM NO. 0001 DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT 1 Each Virginia Beach Fire Department - USR FUNDING/REQ NO: 01: $150,000.00 UNIT PRICE $150,000.00 W333285Y AMOUNT $150,000.00 PAGE SUBTOTAL - so,%-oo.oo· ACCOUNTING AND APPROPRIATION DATA: ACRNAPPROPRIATION 01 2000-06 -4240AD-4430 - -4101-D GRAND TOTAL --- REQUISITION NUMBER W333285Y $1S0,000-;-~0 AMOUNT $150,000.00 , I I - 39- Item V-J. 8. a/b. ORDINANCES ITEM # 47299 Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Council APPROVED: REFUNDS: License - $26,962. O1 Tax- $ 3,193.99 Voting 9-0 (By ConsenO Council Members Votmg Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wflham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Council Members Absent Wflham W Harrtson, Jr, and Reba S McClanan October 24, 2000 FORM NO C A 8 REV 3/~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for hcense refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID AIR & ENERGY SYSTEMS CONTROL ASSOCIATED FINANCIAL GROUP INC CHAPMAN SCOTT H EMILSSON OMAR J HARRIS & WESLEY INC KABEL SUNG D JRB DESIGN GROUP INC LACEY SUPPORT SERVICES COMPANY LINDELLS AUTO REPAIR INC MANAGEMENT & CONSTRUCTION INC NATIONAL CERTIFICATION COUNCIL FOR ACT M & C CAFETERIA INC MJM RECOVERY INC PEMBROKE CHIROPRACTIC PC RAO JYOTI MD RITE AID OF VA INC VILLERS THOMAS R VIRGINIA SAI MOTEL LLC WILCOX WILLIAM & ASHLEY WILLIAMS JOHN T 09/20/00 AUDIT 300 06 44 99 345 05 09/08/00 AUDIT 7,876 63 1,151 20 9,027 83 09/13/00 AUDIT 215 69 35 47 251 16 2000 09/29/00 15 09 0 00 15 09 09/15/00 AUDIT 3,288 28 116 95 3,405 23 09/20/00 AUDIT 76 43 11 14 87 57 2000 06/29/00 706 00 0 00 706 00 09/21/00 AUDIT 10 35 2 44 12 79 09/18/00 AUDIT 1,099 17 159 67 1,258 84 09/19/00 AUDIT 23 94 0 00 23 94 09/22/00 AUDIT 2,499 71 130 49 2,630 20 09/13/00 AUDIT 367 67 0 00 367 67 2000 09/25/00 10 00 0 00 10 00 09/15/00 AUDIT 4,034 61 0 00 4,034 61 09/15/00 AUDIT 14 07 2 86 16 93 09/21/00 AUDIT 2,450 00 367 35 2,817 35 09/22/00 AUDIT 10 00 0 00 10 00 09/20/00 AUDIT 278 09 31 28 309 37 09/25/00 AUDIT 399 05 107 75 506 80 09/07/00 AUDIT 977 09 148 49 1,125 58 Comm~s~oner'6f t~ I~evenue Th~s ordinance shall be effecbve from date of adopbon The above abatement(s)totahng C~ty of Virg~ma Beach on the 26,962.01 were approved by the Council of the 2,4. day of October ,20 O0 Ruth Hodges Smith City Clerk , I AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcatlons for tax refunds upon certfficauon of the Treasurer are hereby approved Tax Type Ticket Exoneration NAME Year of Tax Number Number Date Paid Penalty Int. Total Gore, Leslie P & Arthur A N~do 2000 Gore, Leshe P & Arthur A Nldo 2000 Gore, Leshe P & Arthur A Nldo 2000 Johnson, Chnton A & Patncxa A 2000 Brooks, C Fmr, III 2000 Commerce Center Associates, LC 2000 Exxon Corporation 2000 Moore, Milton H 2000 Weber, James L III & M~chelle 2000 Weber, James L III & M~chelle 1998 Weber, James L III & M~chelle 1998 Weber, James L III & Mlchelle 1999 Weber, James L III & M~chelle 1999 EVW Group, Inc 1999 EVW Group, Inc 1999 McLellon, Lo~s Baker 1998 McLellon, Lo~s Baker 1998 McLellon, Lo~s Baker 1997 McLellon, Lms Baker 1997 McLellon, Lo~s Baker 1999 McLellon, Lo~s Baker 1999 Hernng, Kenneth M & Sharon 2000 Hernng, Kenneth M & Sharon 2000 Dragas Court Home Associates LP 1999 Dragas Court Home Associates LP 1999 Rlganto, LLC 2000 Chasm, Charles T, Jr 2000 Chasm, Charles T, Jr 2000 Chasm, Charles T, Jr 1999 Chasm, Charles T, Jr 1999 Chasm, Charles T, Jr 1998 Charles, Charles T, Jr 1998 Neal, George W 1997 Wilson, Edward C 1996 Marsee, Demse & Ledwell, Brian 1996 Merrick, JohnB III 1996 McCnckard, Hope & Rebecca 2000 RE(2/2) 00-047898-6 RE(2/2) 00-047899-5 RE(2/2) 00-047897-7 RE(2/2) 00-063211-3 RE(2/2) 00-014975-2 RE(2/2) 00-025134-6 RE(2/2) 00-038637-1 RE(2/2) 00-086861-7 RE(l/2) 00-131904-0 EA RE(l/2) 98-129014-4 EA RE(2/2) 98-129014-4 EA RE(l/2) 99-130413-8 EA RE(2/2) 99-130413-8 EA RE(l/2) 99-038083-2 EA RE(2/2) 99-038083-2 EA RE(l/2) 98-080602-7 EA RE(2/2) 98-080602-7 EA RE(l/2) 97-080012-2 EA RE(2/2) 97-080012-2 EA RE(l/2) 99-081606-0 EA RE(2/2) 99-081606-0 EA RE(l/2) 00-055770-2 EA RE(2/2) 00-055770-2 EA RE(l/2) 99-034068-0 EA RE(2/2) 99-034068-0 EA RE(l/2) 00-104335-6 EA RE(l/2) 00-022560-6 EA RE(2/2) 00-022560-6 EA RE(1/2) 99-022390-4 EA RE(2/2) 99-022390-4 EA RE(l/2) 98-021900-0 EA RE(2/2) 98-021900-0 EA PP(1/2) 97012425587 PP(1/2) 96012431376 PP(1/2) 96011426794 PP(1/2) 96011517428 Dog Tag 25176,7,8 05/11/00 2 04 05/24/00 248 23 05/11/00 186 70 06/02/00 85 30 06/02/00 46 97 06/05/00 18 76 06/05/00 50 48 03/03/00 8 45 12/05/99 32 05 12/04/97 69 53 06/01/98 69 53 12/05/98 69 53 05/24/99 69 53 11/25/98 62 53 05/07/99 62 53 12/04/97 164 70 06/05/98 164 70 12/05/96 146 40 06/05/97 146 40 12/05/98 164 70 06/05/99 164 70 11/16/99 4 29 11 / 16/99 4 29 12/04/98 178 43 06/05/99 178 43 03/24/00 340 99 12/03/99 7 61 08/11/00 7 61 11/19/98 11 42 05/21/99 11 42 12/05/97 9 52 06/01/98 9 52 08/05/99 1000 12 26 86 12 06/02/00 17 14 65 62 254 17 08/31/00 9 73 7 18 26 64 07/13/00 8 77 623 23 77 06/26/00 6 00 TOTAL: $3,193.99 Th~s or&nance shall be effective from date of adoption The above abatement(s) totahng were approved by the Council of the C~ty of V~rg~ma Beach on the 24 day of October 2000 Ruth Hodges Snuth C~ty Clerk Cert~fie& to payment, John T ~(kmsoh, Trea~r[~: ' Approved as to form Leshe L Lflley, City Attorney i - 40 - Item V-K. 1. RESOLUTIONS ITEM it 473O0 Upon motion by V~ce Mayor Sessoms, seconded by Councilman Branch, Ctty Council ADOPTED: Resolutton re tssuance of the Development Author~ty's Industrial Development Revenue Bonds Sertes 2000 Global Techmcal Systems Project not to exceed $3,500,000 Voting 9-0 (By ConsenO Council Members Votmg Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, V~ce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Councd Members Voting Nay None Counctl Members Absent Wtlham W Harrison, Jr, and Reba S McClanan October 24, 2000 , I VIRGINIA Depm tmenl of Economic Developmenl One Columbus Center, State 300 V~rg~ma Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webstte www v~rgmta-beach va us/deptJecondev E-mad ecdev@cfly virginIa-beach va us October 17, 2000 Thc Honorable Meyera E. Oberndorf, Mayor Members o1' C~ty Council Municipal Center V.'g~ma Beach, VA 23456 Re~ Management Servtces Group, Inc (d/b/a Global Techmcal Systems) IDRB - $3,500,000 Dear Mayor Obcmdorf and Members of City Council We subnut the following in connection w~th project Management Services Group, Inc (d/b/a Global Techmcal Systems, located adjacent to 780 Lynnhaven Parkway on Parcel 23B2, V~rgm~a Beach, V~rgmla. (1) Evidence of publ~catmn oflthe notice of hearing is attached as Exhibit A , and a summary of the statements made at the public hearing Is attached as Exhibit B . The C~ty of V~rgmia Beach Development Authonty's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D (3) The statement of the Authonty's reasons for its approval as a benefit for the C~ty of V~rg~n~a Beach and ~ts recolnmendat~on that C~ty Council approve the modification of the bonds described above ~s attached as Exhibit E 'File Honorable Meyera E. Obemdorf, Mayor Mclnbers of City Council October 17, 2000 Page 2 (4) The Fiscal Impact Statement is attached as Exhibit F. (5) Attached as Exhibit G ~s a smnmary sheet setting forth the type of~ssue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from tile appropriate C~ty department commenting on the Project. SWB/GLF/rab Enclosures Very truly yours, Chalmlall.~ , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA APPROVING TIlE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (GLOBAL TECHNICAL SYSTEMS PROJECT), SERIES 2000 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Management Services Group, Inc, d/b/a Global Tectuucal Systems (the "Company") for the issuance of the Authonty's industrial development revenue bonds in an amount not to exceed $3,500,000 (the "Bonds") to assist in the financing of the construction and equipping ora 44,000 square foot manufacturing facility for the manufacture of(a) electronic circuit cards and assemblies for use in avionics systems, (b) printed circuit cards for use in AEGIS command and control systems, (c) non-volatile memory backup power modules for use in AEGIS command and control computer complexes, and (d) radar systems (the "ProJect"), all to be located adjacent to 780 Lynnhaven Parkway on Parcel 23B2, as shown in Map Book 215, at page 47 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and has held a public hearing thereon on October 17, 2000, and WHEREAS, the Authority has rcquested City Council (the "Councd") of Vlrgima Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section 147(0 of the Internal Revenue Code of 1986, as amended, and WHEREAS, pursuant to Section 15.2-4906, Code of Vlrgnua, 1950, as amended, a copy of the Authonty's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the cominents expressed at the public hearing, if any, have been filed with the Council of the City of Vlrgnna Beach, Virginia BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the bonds by the City of Virginia Beach Development Authority, in a principal amount not to exceed $3,500,000 to finance the Company's construction and equipping of a 44,000 square foot manufactuang facility for the manufacture of (a) electronic circuit cards and assemblies for use in avionics systems, (b) printed circuit cards for use in AEGIS command and control systems, (c) non- volatile memory backup power modules for use in AEGIS command and control computer complexes, and (d) radar systems for the benefit of Management Services Group, Inc., d/b/a Global Technical Systems, to thc extent required by Section 147(0 of the Internal Revenue Code. 2. The approval of the issuance of the Bonds, as required by Section 147(0 does not constitute an endorsement of the bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither B 1-36769 I o/17/00 i I the City nor the Authority shall be obhgated to pay the Bonds or the interest thereon or other costs ~ncident thereto except from the revenues and moneys pledged therefor, and neither the froth or credit nor the tatung power of the Commonwealth, the C~ty or the Authority shall be pledged thereto. 3. In approving the Resolution, the C~ty of V~rgm~a Beach, ~ncludmg ~ts elected representatives, officers, employees and agents, shall not be hable and hereby d~sclalms all habdtty for any damages to any person, d~rect or consequential, resulting from the Authonty's fadure to ~ssue Bonds for the Facd~ty for any reason 4. Th~s Resolution shall take effect ~mmed~ately upon ~ts adoption. Adopted by a majomy of a quorum of the Council of the C~ty of V~rg~ma Beach, V~rg~ma on October 24, 2000. LEGA~- ,~':'LTM, .-,,.." i:::-" : BI-36769 i I 0/17/00 2 EXHIBIT A NOTICE OF PUBLIC tIEARING ON PROPOSED CITY OF VIRGINIA BEACII DEVELOPMENT AUTItORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS (GLOBAL TECHNICAL SYSTEMS PROJECT), SERIES 2000 Notice ~s hereby given that the C~ty of Virginia Beach Development Authority (the "Authority") will hold a public hearing on the application of Management Services Group, Inc., doing business as Global Technical Systems, 2697 International Parkway, Parkway 2, Suitel00, Virgima Beach, V~rgima 23452 (the "Applicant"), for the Authority to issue, pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), up to $3,500,000 of its Industrial Development Revenue Bonds to assist the Applicant in financing the construction and equipping of a 44,000 square foot two-story manufacturing facility for the manufacture of (a) electronic circmt cards and assembhes tbr use in avionics systems, (b) printed circuit cards for use in AEGIS command and control systems, (c) non-volatile memory backup power modules for use in AEGIS command and control computer complexes, and (d) radar systems, all to be located adjacent to 780 Lynnhaven Parkway on Parcel 23B2, as shown in Map Book 215, at page 47 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. The public hearing which may be continued or adjourned, will be held at 8:30 a.m. on Tuesday, October 17, 2000, before the Authority at the Authorlty's office at One Columbus Center, Suite 300, Virginia Beach, Virginia 23462. As reqmred by the Act, the Bonds will not pledge the faith and credit or the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority, but will be payable solely from revenues derived from the Applicant and pledges therefor. Any person interested in the issuance of the Bonds or the location or purpose of the proposed project may appear and be heard. A copy of the Applicant's application is on file and is open for inspection at the Authority's office at One Columbus Center, Suite 300, Virginia Beach, Virginia, during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY B 1-36344 I 10/2/00 , I EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (Global Technical Systems Project) The Chamnan of the C~ty of V~rgm~a Beach Development Authority (the "Authority") armounced the commencement of a pubhc heanng on the request of Management Services Group, Inc., a V~rginia corporation, d/b/a Global Teclm~cal Systems (the "Borrower"), and that a notme of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in the City of V~rg~ma Beach, V~rginia, the first publication being not less than fourteen (14) days prior to the hearing and the second pubhcation being not less than six (6) days and not more than twenty-one (21) days prior to the heanng. The Chairman indicated that a copy of the notme and a certificate of publmat~on of such notice have been filed with the records of the C~ty Council of the City of Virginia Beach. The following individuals appeared and addressed the Authority: Mr. Hugh L. Patterson of the finn of Wlllcox & Savage, P.C. appeared on behalf of the Borrower. Mr. Michael Dougherty, a representative of the Borrower, appeared for the Borrower. Mr. Patterson gave a brief description of the Project (below defined). He explained that the Borrower has applied to the Authority for up to $3,500,000 of its industrial development revenue bonds to assist the Borrower m financing the construction and eqmpping of a 44,000 square foot two-story manufacturing facility for the manufacture of(a) electronic circuit cards and assemblies for use in avionics systems, (b) printed circuit cards for use in AEGIS command and control systems, (c) non-volatile memory backup power modules for use in AEGIS command and control computer complexes, and (d) radar systems, all to be located adjacent to 780 L ynnhaven Parkway on Parcel 23B2, as shown in Map Book 215, at page 47 in the Clerk's Office of the Circuit Court of the City of V~rgima Beach, Virginia. Mr. Dougherty answered various questions of the members of the Authority. No other persons appeared to address the Authority, and the Chairman closed the pubhc heanng. The Authority hereby recommends that the City Council of the City of V~rgima Beach, Virginia approve the issuance of the proposed financing and hereby transmits the Fiscal Impact Statement to the City Council of the C~ty of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing BI-36602 I I O/12/00 I EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDICATING ITS INTENT TO ISSUE BONDS FOR GLOBAL TECIINICAL SYSTEMS TO CONSTRUCT AND EQUIP A 44,000 SQUARE FOOT MANUFACTURING FACILITY WHEREAS, there has been described to the City of Virgima Beach Development Authority (the "Authority"), the plans of Management Servmes Group, Inc., d/b/a Global Technical Systems (the "Coinpany"), whose current address ~s 2697 International Parkway, Vlrg~ma Beach, Virginia 23452, acting on its own behalh to construct and equip a 44,000 square foot manufacturing facility for the manufacture of (a) electronic circuit cards and assemblies for use in avionics systems, (b) printed circuit cards for use ill AEGIS command and control systems, (c) non-volatile memory backup power modules for use In AEGIS command and control computer colnplexes, and (d) radar systems (the "ProJect"), all to be located adjacent to 780 Lynnhaven Parkway on Palcel 23B2, as shown in Map Book 215, at page 47 in the Clerk's Office of the Circuit Court of the City of Vlrginia Beach, Virgin~a (the "C~ty"), and Wll EREAS, the Compal~y, iii its application and m its appearance before the Authority, has requested that the Authoi'~ty Issue its industrial development reventie bonds under the provisions of Chapter 643 of the Acts of Assembly of 1964, as amended, and the Industrial Development and Revenue Bond Act, Chapter 49, T~tle 15.2 of the Code of V~rglnla of 1950, as amended (collectively, the "Act") In such alnounts as lnay be necessary to finance costs to be lncuri ed iii constructing and equipping the ProJect, and WHEREAS, a public hearing has been held as required by Scchon 147(0 of the Internal Revenue Code of 1986, as alnended, and applicable provisions of the Code of Vlrgnua of 1950, as amended (thc "Virginia Code") NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTIIOR1TY TIIAT: 1. The foregoing recitals are approved by the Authority and are incorporated in, and deemed a part o[ th~s Resolution. 1 2. It is hereby found and determined by the Authority that (a) provision of financing of the Project by the Authority will be in the public interest and will benefit the inhabitants of the City through the prolnot~on of their safety, health, welfare, convenience or prosperity, and (b) the construction and equipping of the Project for the Company in the City will further the pubhc purposes of the Act and provide a public benefit to the City by, among other th~ngs, promoting Industry, colnmcrce and developing trade. B 1-36462 I 1 1 I 0/5/00 3. It ~s hereby found and determined that the Project wall constitute an "authority facd~ty" w~thm the meamng of the Act 4. To reduce the Company to construct and eqmp the Project, the Authority hereby agrees to cooperate w~th the Company ~n the review and evaluation of the apphcat~on to finance the Project and, subject to the Authonty's final approval of the terms and conditions of the financing of the Project and the offering of the Bonds at a later date, to undertake the issuance of ~ts industrial development revenue bonds therefor ~n the maximum pnncipal amount of $3,500,000 (the "Bonds") upon the terms and conditions to be mutually agreed upon by the Authority and the Company If finally approved by the Authority, the Bonds w~ll be ~ssued pursuant to an Indenture of Trust and certain other documents satisfactory to, and w~th terms to be approved by, the Authority. The Bonds wall be ~ssued only after the Authority has recmved the approwng opinion of Bond Counsel as to the quahficat~on of the Bonds under the Act and appropriate certifications and opinions as to the offenng of the Bonds and the disclosure w~th respect thereto. 5. It hawng been represented to the Authority that ~t is necessary to proceed w~th the construction and eqmppmg of the ProJect, the Authority hereby agrees that the Company may proceed w~th the plans for the ProJect, enter into contracts for the construction and equipping of the Project and take such other steps as ~t may deem appropriate ~n com~ect~on therewith, promded that notlung herein shall be deemed to authorize the Company to obligate the Authority w~thout ~ts consent in each instance to tile payment of any moneys or tile performance of any acts ~n connection w~th the Project. 6. Tile Authority hereby agrees to tile recommendation of the Company that W~licox & Savage, P.C., Norfolk, V~rg~ma, be appointed as Bond Counsel and hereby appoints such finn to supervise the proceeds and approve the ~ssuance of the Bonds. 7. The Authority hereby agrees, ~f requested, to accept the recommendation of the Company w~th respect to the appmntment o fan agent or underwriter for the sale of Bonds pursuant to the terms to be mutually agreed upon by the Authority and the Company. 8. All costs and expenses ~n connection with the financing and the construction and eqmpp~ng of the ProJect, including the fees and expenses of Bond Counsel, counsel for the Authority and the agent or underwriter for the sale or,tile Bonds shall be prod from the proceeds of the Bonds (but only to the extent penmtted by apphcable law) or by the Company. If for any reason such Bonds are not ~ssued, ~t ~s understood that all such expenses shall be paid by the Company and that the Authority shall have no ~espons~b~l~ty therefor. 9. In adopting th~s Resolution, the Authority hereby declares ~ts"official ~ntent" to ~ssue the Bonds w~thin the meaning of Treasury Regulation Section 1.150-2 and certffies that, based upon the Company's application and other evidence avmlable at the t~me of the adoptmn of tins Resolutmn, the Authority reasonably expects that ~t wall use proceeds of the Bonds to reimburse BI-36462 I original expend,tures for the Project within the meaning and contemplation of Treasury Regulation Section 1.150-2 in an amount not expected to exceed $500,000. 10. The Bonds shall be hnuted obl,gations of the Authority and shall be payable solely out of revenues, recmpts and payments spec,fically pledged therefor. Neither the commissioners, officers, agents or employees ofthe Authority, past, present and future, nor any person executing the Bonds, shall be liable personally on the Bonds by reason of the issuance thereofi The Bonds shall not be deemed to constitute a general obligation debt or a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City of Virginia Beach and the Authority and neither the Commonwealth of Virginia nor any such political subdlv,s,on thereof shall be personally liable thereon, nor ,n any event shall the Bonds be payable out of any funds or properties other than the special funds and sources provided therefor. Neither the faith and credit nor the taxing power of the Commonwealth of Virglma, or any political subdivision thercofi including the City of Vlrglma Beach, shall be pledged to the payment of the principal of the Bonds or the interest thereon or other costs ,nc,dent thereto. The Bonds shall not constitute an indebtedness witlun the meaning of any constitutional or statutory debt limitation or restriction. 11. The Authority shall not be i,able and hereby disclaims all liability to the Company for any damages, direct or consequent,al, resulting from the Authority's failure to issue Bonds for the ProJect for any reason, including but not Ii,rated to, the failure of the City Council of the City of Virginia Beach to approve the issuance of the bonds. Nothing herein shall be construed as a commitment or obligation on the pa, t of the Authority to adopt a final resolution or execute any documents with respect to the ProJect. 12. Unless this Resolution ,s extcnded by the Authority, the Bonds authorized hereunder shall be issued w,thm one year from the date hereof or this Resolution shall become void and of no further force or effect. 13. The Authority hereby recommends that the City Council of the City of Vlrglma Beach approve the issuance of the Bonds and hereby directs the Chalmian or Vice-Chairman of the Authority to subnut to the City Counc,l of the City of Virginia Beach a reasonably detailed summary of the cominents, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law, and a copy of this Resolutmn. 1 14. This Resolution shall take effect ,mmed,ately upon its adoption Adopted October 17, 2000 CITY OF VIRGNIA BEACH DEVELOPMENT AUTHORITY Secretary Il 1-36462 I 10/5/011 3 , I EXHIBIT D DISCLOSURE STA I'EMENT Date Octobei ,2000 Ai~phcam's Name(s) Management Sc~v~ces Gloup, Inc, a Vuguua cmpo~atton, d/b/a Global Technical Systems All Owneis (t/ dt//e; t'nt fi om applicant) 'i ype of AI)lflicalmn: Rezonmg I:~om_ 1o ('ondflmnal Usc Pcsmst Street Closusc Subch~. m~on Vm ~ance Olhc~ Bond Issue - '1 EFRA Approval by Cst? Cotmc~l lhe Iollow~ng is to be completed by or for the Apphcant: II iht applscant Is a C()RPOI~,A] ION, list all the ofllcess of the Colpolat~on Yusun J Spitzes !1 tile ai~plscant ~$ a i'AR I NERS! l lP, FIRM m othcl Unmcos polatcd Os gamzatlon, list all members os pastries s m tile mgamzalson lie following ts to be completed by o~ roi the Owne! (t.[ th~e; e.t/, om the apphcant) II the owncs ~s a COI?.PORA I ION. list all the otficels of the Co~pmat~on II thc owncs ss a I'AICI NERS! liP, FIRM os othes Unmco~polatcd Oigamzauon, hst all mcmbms os pmtness m tile os gan~zahon MANAGEMENT SERVICES GROUP. INC. a V.gmsa co~posatmn, d/b/a GLOBAL TECI INICAL SYSq EMS (SEAL) lu'l i I VIRGINIA BEACH Department of l~conmmc l)evelopmenl One Columbus Center, State 300 Virg~ma Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webstte www v~rgmla-beach va us/dept/econdev E-mad ecdev@c~tyv~rgmm-bcach va us EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $3,500,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (GLOBAL TECHNICAL SYSTEMS PROJECT), SERIES 2000 The Authority recommends approval of the captioned financing. The Global Technical Systems facility (the "ProJect") w~ll promote industry, commerce and trade within the C~ty of V~rg~ma Beach The financing provided by the Authol fly will assist an ex~stmg manufacturing business to expand ~n the City of Virginia Beach and ~ncrease its employment and revenues and add to the C~ty's economic tax base. , I EXHIBIT F FISCAL IMPACT STATEMENT DATE' TO' PROJECT NAME: TYPE OF FACILITY: October ,2000 THE CITY COUNCIL OF V1RGINIA BEACH, VIRGINIA Management Services Group, Inc., d/b/a/Global Technical Systems Manufacturing Facility o o Maximum amount of finanmng sought $ 3,500,000 Estimated taxable value of the facility's real property to be constructed in the mumclpality $ 4,000,000 Estimated real property tax per year using present tax rates $ 48,000 Estimated personal property tax per year using present tax rates $ 7,500 Estimated merchant's capital (bus~ness license) tax per year using present tax rates $ 40,000 Estimated dollar value per year of goods and services that will be purchased locally $ 2,000,000 Estimated number of regular employees on year round bas~s 1 41 8. Average annual salary per employee $ 55,000 The information contmned in this Statement is based solely on facts and estimates provided by the Apphcant, and the Authority has made no ~ndependent ~nvestigation with respect thereto. BI-36608 I I o/12/00 City of V~rginla Beach Development Authority By: - i I EXHIBIT G SUMMARY StlEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS (GLOBAL TECHNICAL SYSTEMS PROJECT) SERIES 2000 o o , PROJECT NAME Global Teclmical Systems Project LOCATION Adjacent to 780 Lynnhaven Parkway Virginia Beach, V~rg~nia 23452 DESCRIPTION OF PROJECT: The construction and ecjmpping of a 44,000 square foot two-story manutactunng facihty for the manufacture of (a) electronic c~rcmt cards and assemblies for use in avmmcs systems, (b) printed circuit cards for use in AEGIS command and control systems, (c) non-volatile memory backup power modules for use in AEGIS command and control computer complexes, and (d) radar systems, all to be located adjacent to 780 Lynnhaven Parkway on Parcel 23B2, as shown in Map Book 215, at page 47 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "ProJect") AMOUNT OF BOND ISSUE: $3,500,000 PRINCIPALS. Yusun J. Spitzer, President ZONING CLASSIFICATION: no Present zoning classification of the Property I-1 b. Is rezonmg proposed? Yes No X C, If so, to what zoning classification? The Authority recommends approval of the, captioned finanmng. The Project will promote industry, conunerce and trade in the City of Virgih~a Beach and will assist in the growth of an existing business already located w~thin the City. BI-36610 I I 0/12/00 , I VIRGINIA BEACH EXHIBIT H October 17, 2000 V, rglma Beach l)evelopment Authority One Columbus Center, Suite 300 VIrgm~a Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webstte www wrgm~a-beach va us/dept/econdev L-marl ecdev@c~ty wrgmla-beach va tls Mr Robert G. Jones Chairman V~rgima Beach Develop~nent Authority One Columbus Center, Suite 300 V~rglma Beach, VA 23462 Re' Global Technical Systems Dear Mr. Jones. It ~s the finding of the Department of Econonfic Development that the 44,000 sq. ft. ~nanufactunng fitcfi~ty p~oposed by Global Techmcal Systems will be in the public's best interest and benefit thc c~t~zens of V~tglma Beach through the creatmn of jobs and expansion of the tax base. This p~oposed p~oject will promote industry, commerce and developing trade, thereby meeting the pubhc purpose test I will be happy to answer any questions you may have after our meeting of Octobm 17th. S~ncerely, Mark R. Wawne~ ProJect Development Manager MRW.IIs _~,.--_ ~#IR~ $.~ I~.~ ~ ~,~ ?=~ N \ N ~, N ! ti ~% 2 % % 1~ 1~ I"11 % / / , I ---1~ ~ 16 i1 FROM WILCOX ~ SA'~AGE 7576285659 ~0:757 563 1167 PAGE ~2 _ _ ,en~ uy: VA PILOT LEGALS; ?57 222581~; Oct-2-O0 14;13j Page ~/I CT V~ ['e~ch, :~ v~ /~ '~46d IY TI, ~ x // m - 41 - Item V-K.Z RESOLUTION$ ITEM # 473O1 Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, C~ty Council ADOPTED: Resolutton to MODIFYthe composmon of the Virginia Beach Community Criminal Justice Board to ADD the C~ty Manager, or hts designee, to the Board's membership by appotntment od' C~ty Counctl Voting 9-0 (By Consent) Counctl Members Vottng Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Lores R Jones, Robert C Mand~go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary W~lson Council Members Voting Nay None Council Members Absent W~lham W Harrtson, Jr, and Reba S McClanan October 24, 2000 A RESOLUTION MODIFYING THE COMPOSITION OF THE VIRGINIA BEACH COMMUNITY CRIMINAL JUSTICE BOARD WHEREAS, in 2000, the Virginia General Assembly amended 7 Code of Virginia § 53.1-183 to require the appomntment of a member 8 of the City Councml, the Cmty Manager, or an assistant or deputy, 9 to the Vmrginia Beach Community Criminal Justice Board. 10 11 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 12 That in accordance w~th § 53.1-183 of the Code of 13 Virginia, the composition of the Virginia Beach Community Criminal 14 Justice Board is hereby modified by adding to its membership the 15 City Manager, or one of his designated assistants or deputies, to 16 be appointed to the Board by City Council. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of October , 2000. 19 20 21 22 CA7873 F:~Data~ATY~Ordin~NONCODE~VBCCJB membership.res.wpd October 18, 2000 R5 APPROVED AS TO CONTENT: Services~~~_~ APPROVED AS TO LEGAL SUFFICIENCY: '~ity Attorney's Office I - 42 - Item V-K. 3. RESOLUTIONS ITEM # 47302 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Resolution to support alee payable to host localities for servtces provtded to the Virginia PortAuthority; and, request Governor GtImore to include funding th~s fee tn the 2002 budget amendments to be constdered by the General Assembly during tts 2001 Sesston The C~ty Attorney declared th~s adopted Resolutton ts the SECOND one shown m the Councd Agenda for thts date Voting 9-0 (B.y ConsenO Councd Members Vottng Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Votmg Nay None Councd Members Absent Wdham W Harrtson, Jr, and Reba S McClanan October 24, 2000 Requested by Mayor Meyera E. Oberndorf 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 A RESOLUTION SUPPORTING THE ADOPTION OF A FEE TO BE PAID TO HOST LOCALITIES FOR THE SERVICES THEY PROVIDE TO THE VIRGINIA PORT AUTHORITY WHEREAS, the Virginia Port Authorzty is located primarily zn the Cities of Portsmouth, Newport News and Norfolk; WHEREAS, over the past several decades, the Vlrgznia Port Authority has shown exceptzonal growth; WHEREAS, thzs growth has produced prosperzty throughout the Commonwealth; WHEREAS, thzs growth has also produced extensive demands on the host localitzes, przmarzly assoczated with their provision and maintenance of highways which provzde port access; WHEREAS, local ports are an economic maznstay of the Hampton Roads region by providing direct employment to the citizens of the region, including Virginia Beach; WHEREAS, despite these benefits, the host cities continue to experience significant economzc loss due to the fact that port property is exempt from local taxation; WHEREAS, during zts 2000 Session, the General Assembly enacted legislation directing that the Port host c~t~es receive substantial funds zn lzeu of taxes; and WHEREAS, the General Assembly did not approprzate funds to carry out the zntent of that legislation. NOW, THEREFORE, BE IT RESOLVED by the Counczl of the City of Virginia Beach, V~rgznia: That City Council hereby supports the adoption of a fee to be paid to the host localities of the Virginia Port Authority, from sources other than Authority funds, for the servzces such local~tzes provide to the Authority; and BE IT FURTHER RESOLVED: That Czty Council hereby requests Governor Gilmore to include funding for such a fee ~.n the 2002 Budget Amendments to be considered by the General Assembly durzng ~ts 2001 Session. 35 36 Adopted by the City Council of the Czty of Vzrginia Beach, Virginia on the 24 day of OctobEr , 2000. CA-7890 ORDINkNONCODEkVIRGINIA PORTS FEES.RESOLUTION OCTOBER 18, 2000 R2 - 43 - Item V-K. 4. RESOLUTION$ ITEM # 473O3 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Resolutton to AUTHORIZE and DIRECT the Ctty Manager to stgn the North Landing River Use Confltct Memorandum Of Agreement wtth the C~ty of Chesapeake, Hampton Roads Planning Dtstr~ct Commtss~on (HRPDC), and other federal and state agenctes Voting 9-0 (By ConsenO Counctl Members Votmg Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Wtlham W Harrtson, Jr, and Reba S McClanan October 24, 2000 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN THE NORTH LANDING RIVER WATER USE CONFLICT MEMORANDUM OF AGREEMENT WITH THE CITY OF CHESAPEAKE, THE HAMPTON ROADS PLANNING DISTRICT COMMISSION, AND OTHER FEDERAL AND STATE AGENCIES WHEREAS, one of the goals of the Southern Watershed Special 8 Area Management Program is to ensure compatibility of recreational 9 activities and commerce with natural resource protection; and 10 WHEREAS, the North Landing River has been documented as 11 exhibiting some of the most unique natural resources and ecosystems 12 found in the Commonwealth of Virginia; and 13 WHEREAS, the North Landing River has been designated as a 14 component of the Virginia Beach Scenic Waterway System, as a State 15 Scenic River and as a component of the Intracoastal Waterway; and 16 WHEREAS, the purpose of the North Landing River Water Use 17 Conflict Memorandum of Agreement is to promote safe boating through 18 increased public awareness of use conflicts and to protect rare and 19 unique ecosystems from damage by on-water uses through increased 20 public awareness of the importance of these systems to the health 21 of the River; and 22 WHEREAS, the City of Virginia Beach has been a participant 23 with other federal, state, regional and local agencies concerning 24 the North Landing River Water Use Conflict Memorandum of Agreement; 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 That the City Manager is hereby authorized and directed to 28 execute, on behalf of the City of Virginia Beach, the Memorandum of 29 Agreement to Improve the Water Use Conflict Education for the North 30 landing River, a true copy of which is hereto attached. MEMORANDUM OF AGREEMENT BETWEEN CITY OF CHESAPEAKE CITY OF VIRGINIA BEACH HAMPTON ROADS PLANNING DISTRICT COMMISSION VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES UNITED STATES ARMY CORPS OF ENGINEERS UNITED STATES COAST GUARD UNITED STATES FISH AND WILDLIFE SERVICE TO IMPROVE THE WATER USE CONFLICT EDUCATION FOR THE NORTH LANDING RIVER 1. PARTIES TO THE AGREEMENT Th~s Memorandum of Agreement (MOA) ~s between the following enbbes' · C~ty of Chesapeake, V~rg~n~a · C~ty of V~rg~n~a Beach, V~rg~n~a · Hampton Roads Planning D~stnct Commission · V~rg~n~a Department of Conservabon and Recreabon · V~rg~n~a Department of Environmental Quality · V~rg~n~a Department of Game and Inland F~shenes · Un,ted States Army Corps of Engineers · Un~ted States Coast Guard · Un~ted States F~sh and W~ldl~fe Service 2. ENABLING AUTHORITY The enabling authonty for the parbc~pants to enter ~nto the MOA ~s contained ~n the follow~ng (".pdt. cfi V~rg~n~a and Un~ted States Code c~tabons Cities of Chesapeake and Virginia Beach Secbon 15 2-1300 of the Code of V~rg,n~a enables local governments to enter ~nto agreements w~th one another for joint acbon pursuant to the prows~ons of the secbon Hampton Roads Planning District Commission Section 15 2-4205 of the Code of VIrginia enables the Hampton Roads Planning D~stnct Commission to enter ~nto all contracts or agreements, as ~t may determine, which are necessary and incidental to the performance of ~ts duties and to the execubon of the powers granted under th~s chapter Virginia Department of Conservation and Recreation Section 10 1-104 of the Crude of V~rg~n~a enables the D~rector of the Department of Conservation and Recreabon to make and enter ~nto all contracts and agreements necessary or ~nc~dental to the performance of ~ts dubes and the execubon of ~ts powers, ~nclud~ng 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 DCR ~s a npanan landowner of natural area preserves dedicated under Secbon 10 1-213 of the Code of V~rg~n~a Secbon 10 1-413 2 of the Code of V~r0~n~a designates a secbon of the North Land~ng R~ver and ~ts tnbutanes as a State Scenic R~ver DCR ~s designated as the adm~nlstenng agency pursuant to Secbon 10 1-405 of the Code of Vlrr~n~a Virginia Department of Environmental Quality Secbon 10 1-1186 of the Code of V~ro~nm grants the D,rector of the Department of Environmental Quality the power, or to delegate as appropnate, to make and enter ~nto all contracts and agreements necessary or ~nc~dental to the performance of ~ts dubes and the execubon 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 subd~ws~ons of the Commonwealth Virginia Department of Game and Inland Fisheries Secbon 29 1-109 of the Code of V~rg~n~a 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 Un~ted States, other state agencies and governmental subd~ws~ons of the Commonwealth United States Army Corps of Engineers General statutory authonty allows the U S Army Corps of Engineers to enter Cooperabve Agreements beneficial to the public that do not require funding or other commitments of resources United States Coast Guard Secbon 13109 of T~tle 46 of the Un~ted States Code enables the Secretary of Transportabon, ~n carrying out respons~b~l~bes under th~s chapter, to consult w~th State and local governments, public and pnvate agencies, organ~zabons and committees, pnvate ~ndustry, and other persons hawng an ~nterest ~n boabng safety United States Fish and Wildlife Service Secbon 661 of T~tle 16 of the Un~ted States Code grants the Secretary of the Intenor the authonty to provide assistance to, and cooperate w~th, Federal, State and public or pnvate agencies and organ~zabons ~n the development, protecbon, reanng, and stock~ng of all species of w~ldhfe, resources thereof, and their habitat, in controlling losses of the same from disease or other causes, ~n m~n~m~z~ng damages from overabundant species, ~n providing pubhc shoobng and fishing areas, ~nclud~ng easements across public lands for access thereto, and ~n carrying out other measures necessary to effectuate the purposes of sa~d secbons 3. PURPOSE OF THE AGREEMENT Th~s MOA ~s ~ntended to achieve two pnmary goals · To promote safe boabng through an ~ncrease ~n public awareness of ex~sbng and potenbal waterway use conflicts, and To protect rare and unique ecosystems from damage by on-water uses by raising public awareness of the ~mportance of these nabve ecosystems to the health of the R~ver and the conbnued wab~l~ty of th~s ~mportant natural and recreational resource The North Landing R~ver ~s host to a broad range of uses Th~s fact combined w~th the narrow, w~nd~ng nature of the R~ver sets the stage for potenbal coll~s~ons and other conflicts between the d~verse set of users The R~ver ~s a designated component of the Intracoastal Waterway (ICW) The ICW serves a w~de vanety of commercial and recreabonal craft moving up and down the M~d-Atlanbc Coast. The R~ver ~s also very popular for recreabonal power boabng, canoeing, kayak~ng, water sk~ng, jet sk~ng and flsh~ng The through traffic on the ICW ~s forced ~nto close proximity w~th other users ~n the upper reaches of the main stem of the R~ver The North Landing R~ver watershed contains some of the most d~verse and unspoiled wetland ecosystems ~n V~rg~n~a A substanbal port~on of the shoreline of the R~ver and ~ts tnbutanes has been purchased by The Nature Conservancy and the V~rg~n~a Department of Conservabon and Recreabon to protect these wetland habitats The North Landing R~ver and ~ts tnbutanes were designated as a State Scenic R~ver by Chapter 490 and 891 of the 1988 V~rg~n~a Acts of Assembly and by Chapter 656 of the 1989 V~rg~n~a Acts of Assembly The River's narrow and curwng tnbutanes limit ws~bll~ty and the waterway ~s prone to accidents Recreational safety ~s also at nsk due to the s~gn~flcant ~ncrease ~n boat reg~strabons and the decrease ~n attendance ~n safe boabng classes The North Landing R~ver has the h~ghest number of accidents w~th~n the three subwatersheds of the Southern Watershed Area On-water acbwt~es have the potenbal to adversely ~mpact these sens~bve areas ~n several ways Both jet and prop powered craft have the potenbal to damage shallow water ecosystems Boat wake can erode fragile shoreline areas In addition, o~1 and gas d~scharges are a source of water pollubon F~nally, human ~ntrus~on and no~se can d~sturb the flora and fauna ~n these wetland areas Many of the problems currently experienced on the R~ver can be attributed to a lack of public awareness about the Iocabon of enwronmentally sensitive areas and the ~mpact of human act~wt~es on these areas Many users of the river may not be aware of the Iocabon of the areas along the r~ver that are most suitable for their activities, leading to conflicts between d~fferent uses and causing damage to fragile areas of the nver 4. PUBLIC AWARENESS CAMPAIGN STRATEGY A map depicting suggested use areas and deflnlbons of the Use Categories are contained ~n Appendix A and Appendix B of th~s document The public awareness campaign strategy outhned by th~s MOA ~s based on the North Landing River Water Use Categories and North Landing R~ver Water Use Plan Map The Categories ~nclude Low Impact Recreation, General Recreation, and Special Use/High Speed Recreation areas These recommended water use areas are located to m~n~m~ze conflicts between various water uses and to m~n~m~ze adverse impacts on aquatic and shoreline ecosystems These water use categories and recommended use area designations, however, do not apply to the channel of the Intracoastal Waterway The ~ntent ~s that the s~gnatory agencies use the Categones and Map ~n boater safety education programs, I~terature and s~gnage It ~s not ~ntended that the Categories and Map be used as a water zoning system or as a bas~s for enforcement achv~t~es A second aspect of the strategy ~nvolves the appropriate s~t~ng of new boat launching facilities The intent is that new facdlt~es should be located to minimize on-water use conflicts, and designed to m~n~m~ze the wsual ~mpact on natural surroundings and adverse impacts on aquatic and shoreline ecosystems The s~gnatory agencies agree to consult w~th each other before s~bng such fac~l~bes The ~nformat~on exchanged through th~s consultation w~ll be adwsory ~n nature and ~n no way hm~ts the autonomy of the s~gnatory agencies ~n making such decisions 5. TERMS OF THE AGREEMENT Each of the s~gnatory enbbes ~n th~s cooperabve regional planning effort agrees to participate on a voluntary bas~s ~n the following acbv~bes Incorporate the North Landing R~ver Water Use Plan and associated text ~n boater safety classes and other educational programs focused on users of the North Landing R~ver and ~ts tributaries, Consult w~th other s~gnatory agencies on how best to m~n~m~ze on-water confhcts and adverse ~mpacts on aquabc and shoreline ecosystems before s~t~ng boat launching fac~l~bes, · Participate ~n the development of educabonal materials to promote the North Landing R~ver Water Use Plan, · Participate in before and after surveys of users of the North Landing River to determine the su~tab~hty and effecbveness of the public education strategy, · Participate ~n quarterly meebngs to d~scuss educabonal efforts, and Participate ~n an evaluabon of the plan after one year of ~mplementabon efforts (If necessary the evaluabon process w~ll ~nclude restructuring of the plan based on ~nput from users of the North Land~ng R~ver ) A committee consisting of volunteers from each of the signatory agencies w~ll be created to develop educational materials for use ~n boater education programs and to assist ~n the performance of the North Land~ng User Survey 6. REPORTING AND DOCUMENTATION Within three months of the effecbve date of the Memorandum of Agreement and again one year after the effecbve date of the Agreement, the HRPDC w~ll conduct surveys of users of the North Landing R~ver to determine the suitability and effecbveness of the public educabon strategy The HRPDC wdl also be responsible for organizing quarterly meetings of the part~es to the agreement to d~scuss educational efforts The HRPDC staff w~ll record and publish meebng m~nutes The HRPDC w~ll conduct an evaluabon of the plan after one year of ~mplementabon efforts among part~es to the agreement (If necessary the evaluation process w~ll ~nclude restructuring of the plan based on ~nput from users of the North Landing River ) 7. POINTS OF CONTACT All part~es to the Memorandum of Agreement w~ll designate specific points of contact These points of contact are ~ncluded as Appendix D to th~s Agreement 8. MODIFICATIONS Mod~flcabons to th~s Memorandum of Agreement must be submitted ~n wnbng and approved by all parbes to the Memorandum of Agreement 9. EFFECTIVE DATE The effecbve date of the Memorandum of Agreement shall be the date of the s~gn~ng of the last party to the Memorandum of Agreement 10. 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 their part~c~pabon by wntten nobce to all other part~es 11. MANNER OF FINANCING The Waterway Use Conflict Memorandum of Agreement wdl not require financing or budgebng from or by the s~gnatory agencies, however, th~s clause wtll not preclude grant funding from one s~gnatory to another for the purpose of carrying out the purposes of the Memorandum of Agreement 12. OWNERSHIP OF PROPERTY It ~s not the ~ntent of the s~gnatory parbes that th~s Memorandum of Agreement w~ll result ~n the purchase, ownership, holding or conveying of any real or personal property 13. APPENDICES A North Landing R~ver Water Use Plan Map B North Landing R~ver Water Use Categones C History D Points of Contact LIST OF SIGNATORIES City of Chesapeake City of Virginia Beach Hampton Roads Planning District Commission Virginia Department of Conservation and Recreation Virginia Department of Environmental Quality Virginia Department of Game and Inland Fisheries United States Army Corps of Engineers United States Coast Guard United States Fish and Wildlife Service This effective date of this Agreement is ,, 2000. APPENDIX A NORTH LANDING RIVER WATER USE PLAN MAP till APPENDIX B NORTH LANDING RIVER WATER USE CATEGORIES WATER USE CATEGORIES The purpose of the water use categones ~s to m~n~m~ze conflict between vanous uses and protect the North Landing R~ver's valuable natural resources This unique watershed contains some of the most d~verse and unspoiled wetland systems ~n Wrg~n~a Also, due to the physical conflgurabon of the North Landing R~ver, boater safety ~s a major concern W~th the goals of safety and habitat protecbon ~n m~nd, the ~ntent is that the water use categones be used for future planning and educabonal endeavors These water use categones, however, do not apply to the channel of the Intracoastal Waterway LOW IMPACT RECREATION Goals: The Low Impact Recreabon category ~s ~ntended to achieve two pnmary goals The first goal ~s to promote safe boabng by separabng Iow ~mpact acbwbes such as canoeing, kayak~ng and fishing from h~gh-speed recreabonal acbwbes The second goal ~s to protect the sens~bve and unique natural resources of the North Land~ng R~ver from the potenbal adverse ~mpacts of ~nappropnate boabng achwty Policies: Both jet and prop powered craft have the potenbal to damage shallow water ecosystems Boat wake can erode fragile shoreline areas In add~bon, o~1 and gas d~scharges are a source of water pollubon F~nally, human ~ntrus~on and no~se can d~sturb the flora and fauna ~n these wetland areas Great care should be taken by boaters to avoid excess no~se and wake ~n these areas by maintaining carefully controlled speeds and nawgabng ~n established channels where possible · Low Impact acbwbes such as w~ldl~fe observabon, fishing, environmental educabon, canoeing and kayak~ng should be promoted ~n th~s area · New boat launching fac~l~bes should be onented toward canoe and kayak launching GENERAL RECREATION Goals: The goals for the General Recreabon category are the promobon of motonzed recreabonal acbwbes ~n the safest areas and m~n~m~z~ng enwronmental ~mpact from these acbwbes Policies Low Impact recreabonal acbwbes should be hm~ted to through traffic ~n the General Recreabon Area, except for stabonary fishing vessels, which may be anchored ~n areas outside of the ma~n channel whde ~n the process of flsh~ng Persons fishing should be aware that the channel w~ll be used by larger, motonzed vehicles · Motonzed boaters should operate at a m~n~mum of 500 feet from the shoreline where possible · Motonzed boabng should take place at no wake speeds w~th~n 500 feet of the shoreline where possible Where possible, motonzed boats should operate at no wake speeds when they are w~th~n 500 feet of non-motonzed craft that are passing through the General Recreabon area SPECIAL USE/HIGH SPEED RECREATION Goals The goal of the Special Use/H~gh Speed Recreabon area ~s to focus ~ntense, h~gh- speed motonzed boabng acbv~bes such as water sk~ng and jet sk~ng ~n the safest and least enwronmentally sens~twe areas Policies: · Encourage h~gh speed recreabon only ~n these areas · D~scourage other forms of recreabonal acbwbes ~n these areas to m~n~m~ze conflicts · Vessel traffic should proceed through these areas at a slow, no-wake speed APPENDIX C HISTORY HISTORY To protect natural resources, sens~bve lands and water supplies, the c~bes of Chesapeake and Wrg~n~a Beach, ~n partnership w~th the Hampton Roads Planning D~stnct Commission and the Wrg,n~a Coastal Program, developed the Southern Watershed Management Program (SWAMP) SWAMP's purpose ~s the development of a collaborabve management effort for the Southern Watershed_Area The SWA ~ncludes the watersheds of Back Bay, the Northwest R~ver, and the North Land~ng R~ver One goal of the c~t~es of Chesapeake and V~rg~n~a Beach ~s to establish a cooperabve approach to raising public awareness of waterway use conflicts on the North Landing R~ver, which ~s both a heavily used component of the Atlanbc Intracoastal Waterway and a State Scenic R~ver The area under cons~derabon ~ncludes the Chesapeake and the Albemarle Canal One possible approach to managing these compebng uses ~s through a Memorandum of Agreement (MOA) among the agencies w~th management responsibilities Th~s MOA addresses compebng waterway uses ~nclud~ng commercial vessels, watersk~ng and jet sk~ acbv~bes, non-motonzed watercraft and sens~hve natural resources The MOA focuses on a cooperabve public educahon effort on waterway uses and protecbng the extensive and sens~bve land holdings of the Department of Conservabon and Recreahon and The Nature Conservancy The methodology ~ncorporated ~n the HRPDC study Managing Mulbple Recreabonal Use Conflicts ~n the Waters of Hampton Roads (Volumes I and II) has been used to develop the proposed management system to be embodied ~n the MOA In order to develop a Waterway Use Conflict MOA, the HRPDC coordinated the formabon of a committee ~n January 1999 of potenhal s~gnatory agencies The committee's objecbves were to · Create a better understanding of the ex~shng problems on the North Landing R~ver, Establish recommended use areas for the North Landing R~ver (Low Impact Recreabon, General Recreabon, and Special Use/H~gh Speed Recreabon areas), · Define safety ~ssues due to conflicts between various on-water acbwbes and uses that take place on the North Landing R~ver and ~ts tnbutanes, · Identify appropnate s~bng of launch fac~l~bes (such as boat ramps and mannas), · Determine goals of the MOA > Addressing ~denbfled boabng safety ~ssues, > Reducing ex~st~ng and potential waterway use conflicts, > Preserving the ~ntegr~ty of the natural resources of the North Landing, and > Enhancing the recreational experience for all users · Create Water Use Plan and explanation of water use classifications, · Implement s~gnage for educational purposes, and · Build consensus on text of MOA by all potential part~es Waterway Use Confhct Committee Members Mr Ms Ms Mr Mr Ms Mr Ms Mr Mr Ms Ms Mr Ms Mr Ms Mr Mr Mr Mr Mr Clay Bemock, C~ty of V~rg~n~a Beach, Dept of Planning S K B (Kris) Dougherty, VDGIF, State Game Warden Jerry Hodd~nott, C~ty of Chesapeake, Dept of Public Utd~t~es Fred Hazelwood, Park Manager, F~rst Landing State Park Peter Fay, USCG Auxiliary Chnst~e Glenn, Hampton Roads Planning D~str~ct Commission R~ck Henderson, Corps of Engineers Laura McKay, Dept of Enwronmental Quality Enk Molleen, F~rst Landing State Park Jack Nour~e, USCG Auxiliary and HRRBSC Peg Noune, USCG Auxiliary and HRRBSC Jaleh Pett, C~ty of Chesapeake, Dept of Planning Steve Phillips, USCG and HRRBSC Amy R~ng, Hampton Roads Planning D~stnct Commission John Stasko, Back Bay Natl W~ldl~fe Refuge Caryl Thompson, C~ty of V~rg~n~a Beach, Parks and Recreation Phil Roehrs, C~ty of V~rg~n~a Beach, Off~ce of Beach Management Joel Scussel, Corps of Engineers Hugo Valverde, Hampton Roads Planning D~stnct Commission Br~an Van Eerden, The V~rg~n~a Chapter, The Nature Conservancy Enc Walberg, Hampton Roads Planning D~str~ct Commission I APPENDIX D POINTS OF CONTACT Ms Jaleh Pett Comprehensive Planning C~ty of Chesapeake PO Box15225 Chesapeake, V~rg~n~a 23328 Phone (757) 382-6176 jpett@pJan c~ty.r'.hesapeake_va us Mr Clay Bern~ck Department of Planning C~ty of V~rg~n~a Beach Municipal Center V~rg~n~a Beach, VA 23456 Phone (757) 427-4899 cbe rn ~r'.k ¢'~cttv w r~ ~ r~ ~a-beach_va Mr Fred Hazelwood F~rst Landing State Park Department of Conservabon and Recreabon 2500 Shore Dnve V~rg~n~a Beach, VA 23451 (757) 481-2131 L~eutenant D~ane Gawrys State Game Warden V~rg~n~a Department of Inland Flshenes 5806 Mooretown Road W~ll~amsburg, VA 23188 Phone (757) 253-4180 Game and Mr R~ck Henderson US Army Corps of Engineers Norfolk D~stnct 803 Front Street Norfolk, VA 23510 Phone (757) 441-7652 bmckav~der~_state va us Ms Laura McKay V~rg~n~a Coastal Program Department of Environmental Quality 629 East Ma~n Street R~chmond, VA 23219 (804) 698-4323 Ibmckay@deq state_va tJS Mr Steve Phillips US Coast Guard and HRRBSC 431 Crawford Street Portsmouth, VA 23704 (757) 398-6204 sph~ll~ps@lan~dS_~Jsc, g ~mll Mr John Stasko US F~sh and W~ldl~fe Serwce Back Bay Nabonal W~ldl~fe Refuge 4005 Sandp~per Road V~rg~n~a Beach, VA 23456 (757) 721-2412 Mr Enc Walberg Physical Planning Hampton Roads Planning Commission The Regional Budding 723 Woodlake Dnve Chesapeake, VA 23320 (757) 420-8300 ewalberg@hrpdc~ro D~stnct - 44 - Item V-L. PLANNING ITEM # 473O4 1. a. TOWNE DEVELOPMENT CORPORATION/ CARL SCHUBERT RECONSIDERATION CHANGE OF ZONING b. TOWNE MILL DEVELOPMENT LLC CONDITIONAL USE PERMIT 2. KENNETH A. HALL & S & S ENTERPRISES STREET CLOSURE 3. TIDE}VA TER IMPORTS, INC. - HALL AUTO }VORLD BODY SHOP CONDITIONAL USE PERMIT 4. SHORE VENTURES ASSOCIATES L.L. C. CONDITIONAL USE PERMIT 5. FRED VIRTUCIO CONDITIONAL USE PERMIT 6. MORE THAN CONQUERORS CHURCH CONDITIONAL USE PERMIT 7. WOODFIN HEA TING, INC. CONDITIONAL USE PERMIT 8. ARMADA/HOFFLER HOLDING COMPANY MODIFICATION OF PROFFERS (APPROVED COZ 6/14/94) S TREE T CL OS URE 9. MATT J. MARSHALL, JR. CONDITIONAL CHANGE OF ZONING 10. C OMMER CIAL INVESTMENT PR OPER TIES, L.L. C. AMENDMENT TO THE GREEN R UN LAND USE PLAN 11. CITY OF VIRGINIA BEA CH AMEND Site Plan Ordinance re floodplain regulations October 24, 2000 - 45 - Item V-L. PLANNING ITEM # 473O5 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ct ty Councd APPROVED in ONE MOTION Items 1 (REVISED), 2 (DEFERRED), 3 (DEFERRED), 4, .5, 8 (DEFERRED), 9, 10 (DEFERRED) and 11 (DEFERRED) Item 1 was APPROVED with Condition 1 REVISED, BY CONSENT Item 2 was DEFERRED INDEFINITEL Y, B Y CONSENT Item 3 was DEFERRED INDEFINITEL Y, B Y CONSENT. Item 8 was DEFERRED INDEFINITEL Y, B Y CONSENT. Item 10 was DEFERRED until the City Council Session of November 28, 2000. Item 11 was DEFERRED INDEFINITEL Y, BY CONSENT Vonng 9-0 Counctl Members Votmg Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mand~go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr, and Reba S McClanan October 24, 2000 I - 46- Item V-L. 1. PLANNING ITEM # 47306 Upon motion by V~ce Mayor Sessoms, seconded by Councdman Branch, C~ty Councd APPROVED, AS CONDITIONED AND REVISED m the RECONSIDERATION of Ordinances upon apphcanon of TOWNE DEVELOPMENT CORPORATION / CARL SCHUBERT Change o~/ Zomng Dlsmct Class~ficatlon and TOWNE MILL DEVELOPMENT LLC for a Condmonal Use Permit (DENIED 8/2 2/0 O): ORDINANCE UPON APPLICATION OF TOWNE DEVELOPMENT CORPORATION / CARL SCHUBERT FOR A CHANGE OF ZONING FROMAG-2 TO R-15 ZOIO001185 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatlon of Towne Development Corporation~Carl Shubert for a Change of Zoning District Class~ficatlon from AG-2 Agricultural District to R-15 Residential District on the north side of Indian River Road beginning at a point 1650feet more or less east of Foreman Trail (GPIN #1474-92-2210, #1474-92-5046, #1474-92-1356) The proposed zoning class~ficatlon change to R-15 1s for single family residential land use on lots no less than 15,000 square feet The Comprehensive Plan recommends use of this parcel for residential uses at or below 3 5 dwelhng units per acre at densities that are compatible with single family use in accordance with other Plan pohcles Said parcel contains 26 6 acres more or less PRINCESS ANNE DISTRICT 7 AND, ORDINANCE UPON APPLICATION OF TO WNE MILL DEVELOPMENT LLC FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION OPTION ROI 0003073 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatlon of Towne Mdl Development, LLC for a Condlttonal Use Permit for an open space promotion option on certain property located on the north side of Indian River Road begmmng at a point 1500feet more or less east of Foreman Trad (GPIN #1474-92- 2210, #1474-92-5046, #1474-92-1356) Sald parcel contains 37acres more or less PRINCESS ANNE- DISTRICT 7 The following condmons shall be required The subdivision shall be developed as shown on the plan entitled, "Prehmlnary Exhibit of Dewberry Farm," by Kellam Gerwltz Engineering, Inc dated April 12, 2000 The plan may be modified to provide left and right turn lanes and right-of-way dedication as determined necessary by the City's Traffic Engineering DlVlSlOn The plan must be revised so that all lot area is outside of the floodplain as defined in Section 5B of the Site Plan Ordinance. Approxtmately ten (1 O) acres of wetlands on the northern port~on of the property shall be dedicated to the C~ty as depicted on the plan referenced above The apphcant shall supply documentation to support the wetlands dehneatlon reflected on the plan If City staff deems this information inaccurate or Incomplete, the plan may be altered to reflect the City's determination of wetland boundaries October 24, 2000 -47- Item V-L. 1. PLANNING ITEM ii 47306 (Continued) The apphcant shall submlt an approval letter from Vtrgmta Power mdwatmg that the proposed entrance and other ~mprovements w~thm the power easement are acceptable The developer shall prowde an active recreational area and prowde eqmpment acceptable to the C~ty's Parks and Recreat~on Department 6 S~dewalks shall be prowded on both s~des of all streets w~thm the subd~ws~on All open space area wtthm the Development, other than that proposed for dedtcat~on to the C~ty, shall be owned m common by a Homeowners Assoclat~on Membership m the Homeowners Assoc~atton wdl be mandatory The Assoctatton wtll be responsible for maintenance of entry s~gns, landscaping, fence, waltong tra~ls, retention pond and park benches 8 A 25-Joot wtde pubhc access easement shall be provtded to the ten acres of wetlands descrtbed tn Condttton Two The hmlts of the 50-~/oot Southern Watersheds Management area buffer shall be field dehneated wtth orange safety fencing prior to any land d~sturbance Thts requtrement shall be noted tn bold- face type on the constructton plans and documents These Ordmances shall be effective m accordance wtth Sectton 107 09 of the Zoning Ordinance Adopted by the Councd of the Ctty of Vtrgtma Beach, Vtrgmta, on the Twenty-_fourth of October, Two Thousand Voting 9-0 (By ConsenO Councd Members Votmg Aye Lmwood 0 Branch, Ili, Margaret L Eure, Barbara M Henley, Louts R clones, Robert C Mand~go, dr, MayorMeyeraE Oberndorf Nancy K Parker, Vlce Mayor Wdham D Sessoms, dr and Rosemary Wdson Councd Members Vottng Nay None Council Members Absent Wdham W Harrison, air, and Reba S McClanan October 24, 2000 - 48 - Item V-L. 2. PLANNING ITEM # 47307 Upon motzon by Vtce Mayor Sessoms, seconded by Councilman Branch, City Councd DEFERRED INDEFINITELY application of KENNETH A. HALL and S&S ENTERPRISES for the discontinuance, closure and abandonment of Second and Spruce Streets Ordmance upon apphcatlon of Kenneth A Hall & S & S Enterprtses, a Vtrgmta General Partnership, for the d~scontmuance, closure and abandonment of the following streets Second Street beginning at the western boundary of Butternut Lane eastward to the western boundary of Spruce Street Second Street beginning at the eastern boundary o3' Spruce Street eastward to the western boundary of Pine Street Spruce Street beginning at apomt 400feet more or less south of Bonney Road southward to the northern boundary ofi-264 Satd parcels contain 1 037 acres ROSE HALL - DISTRICT 3 Vonng 9-0 (By ConsenO Councd Members Votmg Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mandigo, Jr, MayorMeyeraE Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and Rosemary Wdson Councd Members Votmg Nay None Councd Members Absent Wdham W Harrtson, Jr, and Reba S McClanan October 24, 2000 Item V-L. 3. - 49 - PLANNING ITEM it 473O8 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, C~ty Councd DEFERRED INDEFINITEL Y Ordmance upon apphcat~on of TIDEWA TER IMPORTS, INC. - HALL AUTO WORLD BOD Y SHOP for a Conditional Use Permit O~INANCE UPONAPPLICA TION OF TIDEWA TER IMPORTS, INC - HALL AUTO WORLD BODY SHOP FOR A CONDITIONAL USE PERMIT Ordinance upon apphcat~on of Ddewater lmports, Inc -Hall Auto Worm Body Shop for a Conditional Use Permit for an automobde repatr facd~ty on certam property located at the southeast corner of Butternut Lane and ummproved Second Street (GPIN #1487-43-7783, #1487-43- 7488, #14733-43-8402, #1473-43-94! 7, #1473-43-4435, # 1473-43- 54 77, # 14 73-43-4330, # 1473-43-53 75, # 1473-43-5380, # 14 73-43-528 7) ROSE HALL - DISTRICT 3 Voting 9-0 (By ConsenO Councd Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Lores R Jones, Robert C Mand~go, Jr, MayorMeyeraE Oberndorf Nancy K Parker, V~ce Mayor Wdham D Sessoms, dr and Rosemary Wdson Counctl Members Vottng Nay None Councd Members Absent W~lham W Harrison, Jr, and Reba S McClanan October 24, 2000 Item V-L. 4. - 50 - PLANNING ITEM # 47309 Upon motion by Vwe Mayor Sessoms, seconded by Councilman Branch, Czty Counctl ADOPTED, Ordinance upon apphcaaon ofSHORE VENTURESASSOCIA TES. L.L. C, for a Condt tzonal Use Permzt ORDINANCE UPON APPLICATION OF SHORE VENTURES ASSOCIATES, L L C FOR A CONDITIONAL USE PERMIT FOR A COMMUNITY BOA T DOCK ROI 000308 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcat~on of Shore Ventures Assoctates, L L C, for a Condtttonal Use Permtt for a commumty boat dock at the mtersectton of Lynnhaven Promenade and Ptedmont Ctrcle on Lots 6, 7, 8, 9 & 10, Block 3, Sectton A, Ocean Park,(GPIN #1489-58-6459, #1489-58- 5541, #1489-.58-5517) SaM parcel contains 24, 296 square feet (BAYSIDE- DISTRICT 4) The following condmons shall be reqmred 1 No commercial use of the commumty boat dock shall be permitted The commumty boat dock shall be used exclustvely by the owners, occupants and mvtted guests of lots 7, 8, 9, and 10 as shown on the submttted stte plan 3 The commumty boat dock shallnot exceedetght shps (moormgs) 4 No butld~ngs, boat houses, boat launches or addmonalparlang shall be permttted 5 No vessels larger than 26feet tn length shall be permttted 6 The commumty boat dock ts subject to all apphcablefederal, state and local rules and regulattons Thts Ordinance shah be effecttve tn accordance w~th Sectton 107 (J) of the Zonmg Ordmance Adopted by the Counctl of the Ctty of V~rgmta Beach, Vtrgmta, on the Twenty-fourth of October, Two Thousand Voting 9-0 (By Consent) Counctl Members Voting Aye Dnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mandtgo, .Ir, MayorMeyeraE Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Councd Members Voting Nay None Council Members Absent W~H~am W Harrison, Jr, and Reba S McClanan October 24, 2000 - 51 - Item V-L.$. PLANNING ITEM # 47310 Upon motzon by Vzce Mayor Sessoms, seconded by Councdman Branch, Czty Counczl ADOPTED, Ordmance upon apphcatzon of FRED VIRTUCIO for a Condmonal Use Permzt ORDINANCE UPON APPLICATION OF FRED VIRTUCIO FOR A CONDITIONAL USE PERMIT RE HOUSING FOR SENIORS AND DISABLED PERSONS RO1000309 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Fred Vtrtucto for a Con&ttonal Use Permit for housmgfor semors and d~sabled persons on the north sMe of Paca Lane, east of Newtown Road (GPIN #1468-40-0771) Smd parcel located at 5556 Paca Lane and contains 11,586 96 square feet KEMPSVILLE- DISTRICT 2 The following condmons shall be requtred The Con&ttonal Use Permtt shall be for the prowston of 5 bedrooms for asststed hvmg care for up to 8 mdtwduals 60 years of age and older The budding wdl be protected by centrally-momtored alarm systems Bedrooms and bathrooms w~ll be served by a centrally- momtored call-for-a~d system An automatic domestlc fire alarm system, meenng the approval of the V~rgtma Beach Office ofF, re /Plans Revtew and the C~ty Ftre Protectton Engineer, wtll be reqmred for the safety of the resMents The house numbers on the front oft he resMence shall remain clearly ws~ble and unobstructed at all t~mes so that emergency personnel can qutckly find the house Th~s Ordmance shall be effective tn accordance w~th Sectton 107 09 of the Zoning Ordinance Adopted by the Counctl of the C~ty of V~rgtma Beach, Vtrgmta, on the Twenty-fourth of October, Two Thousand Voting 9-0 (By Consen0 Councd Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mandtgo, dr, MayorMeyera E Oberndorf, Nancy K Parker, ~ce Mayor Wdham D Sessoms, Jr and Rosemary Wd~on Councd Members Voang Nay None Councd Members Absent Wdham W Harrison, Jr, and Reba S McClanan October 24, 2000 - 52 - Item V-L. 6. PLANNING ITEM # 47311 The followtng spoke tn SUPPORT: Reverend Wdham Crest, Pastor of More Than Conquerors Church Kenneth Htlton, Admmlstrator for the Church Upon motton by Councd Lady Henley, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED Ordinance upon apphcatton of MORE THAN CONQUERORS CHURCH for a Condmonal Use Permtt ORDINANCE UPONAPPLICA TION OFMORE THAN CONQUERORS CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ROLO003010 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordmance upon apphcanon of More Than Conquerors Church for a Condmonal Use Permtt for a Church on the east sMe of Holland Road, north of Shtpps Corner Road (GPIN # 1495-17-4332) Satd parcel ts located at 3208 Holland Road and contains 5 4 788 acres PRINCESS ANNE- DISTRICT 7 The followmg condmons shall be requtred No more than 55people shah be present at the church at any one ttme The apphcant shall submtt an annual statement to the Zomng Administrator md~catmg that the current attendance of the church ts at 55 people or below All necessary alteratton permtts and a certtficate of occupancy for the change o fuse from the Department of Planmng / Permtts and lnspecttons D~wston shall be obtained before occupancy and use of the budding for a church City staff shall have a reasonable working relationship with the applicant Thts Ordinance shall be effective tn accordance ruth Section 107 09 of the Zoning Ordmance Adopted by the Councd of the Ctty of Vtrgmta Beach, Vtrgmta, on the TwenW-fourth of October, Two Thousand Vottng 9-0 Councd Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Man&go, dr, MayorMeyeraE Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and Rosemary Wtlson Councd Members Voting Nay None Counctl Members Absent WtH~am W Harrtson, Jr, and Reba S McClanan October 24, 2000 Item V-L. Z PLANNING - 53 - ITEM # 47312 Attorney R d Nutter, 4425 Corporation Lane, Phone 518-3200, represented the apphcant and requested WITHDRAWAL Upon motion by Councdman Branch, seconded by Vtce Mayor Sessoms, Ctty Counctl ALLOWED WITHDRAWAL, the apphcatton of WOODFIN HEATING, INC., for a Condtt~onal Use Permtt ORDINANCE UPON APPLICATION OF WOODFIN HEATING, INC FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION (FUEL ,gALES) Ordinance upon apphcatton of Woodfin Heating, Inc for a Condtttonal Use Permtt for an automobile servtce statton (fuel sales) on certain property located at the northeast corner of Lynnhaven Parkway and Southern Boulevard (GPIN # ! 49 7-54- 7354, # 149 7-54-6254) Satdparcel contains 41,295 square feet BEACH- DISTRICT 6 Mayor Oberndorf and Counctlman Branch expressed apprec~ation to the restdents of Eureka Park and Pinewood Gardens for thetr calls and attendance at the Ctty Counctl Sesswn Ctttzens who take prtde m thetr neighborhood make thts Ctty a place a wonderful place to live Voting 9-0 Counctl Members Vottng Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R clones, Robert C Mandtgo, Jr, MayorMeyeraE Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Council Members Votmg Nay None Counctl Members Absent Wtlham W Harrtson, dr, and Reba S McClanan Thts ttem was MOVED FORWARD prtor to Item 6 (g/lore Than Conquerors Church) October 24, 2000 Item V-L. 8 - 54 - PLANNING ITEM # 47313 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, C~ty Counctl DEFERRED INDEFINITELY apphcattons of ARMADA/HOFFLER HOLDING COMPANY for a Modification of Proffers approved dune 14, 1994, Change of Zomng Dtstrtct Classtficattons from A-12 Apartment Dtstrtct and B-2 Commumty Business Dtstrtct to Condtttonal B-2 Commumty Business Dtstrtct Classification for Bel-Aire, Inc. & King's Way Corp; and, d~scontmuance, closure and abandonment of Dam Necl~ Station Road Ordinance upon apphcatton of Armada/Hoffler Holding Company for a modification of proffers placed on the apphcat~on for a change of zomng from A-12 and B-2 to Condmonal B-2 on dune 14, 1994 (GPIN #2415- 56-9501, #2415-56-7275, #2415-56-6099, #2415-55-6902, #2415-55- 5734, #2415-55-4556, #2415-55-6525. #2415-55-7523. #2415-66-2541) Property ts located at the northeast corner of Dam Neck Road and General Booth Boulevard PRINCESS ANNE - DISTRICT 7 Ordinance upon apphcatton of Armada/Hoffler Holding Company for the d~scontmuance, closure and abandonment of Dam Neck Station Road begmnmg on the eastern boundary of General Booth Boulevard and running m an easterly dtrect~on to the eastern terminus Sa~d parcel ts vartable m wtdth and contains 1 336 acres PRINCESS ANNE- DISTRICT 7 Voting 9-0 (By ConsenO Council Members Vottng Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mand~go, dr, MayorMeyeraE Oberndorf Nancy K Parker, V~ce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, dr, and Reba S McClanan October 24, 2000 Item V-L. 9. - 55 - PLANNING ITEM # 47314 Upon morion by V~ce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED an Ordinance upon apphcanon of MATT J. MARSHALL, JR. for a Condmonal Change of Zoning D~strtct Class~ficatton ORDINANCE UPONAPPLICA TION OFMA TT J MARSHALL, JR FOR A CHANGE OFZONING DISTRICT CLASSIFICA TIONFROMB-1 TO CONDITIONAL B-lA Z01000] 186 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Matt d Marshall, dr, for a Change of Zoning D~stnct Class~cat~on from B-1 Neighborhood Business D~stnct to Condmonal B-IA L~m~ted Commumty Business Dtsmct on certain property located on the southwest corner of Dam Neck Road and London Bndge Road (GPIN # 2405-04-5104) The proposedzomng class~ficat~on change to Condmonal B-IA ts Jot hght commercial land use The Comprehensive Planning recommends use of th~s parcel m accordance wtth other Plan pohc~es SaM parcel contains 2 290 acres BEACH - DISTRICT 6 The following condttton shall be reqmred I An Agreement encompassmgproffers shall be recorded wtth the Clerk of Ctrcutt Court Voting 9-0 (By ConsenO Councd Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Lores R Jones, Robert C Man&go, Jr, MayorMeyeraE Oberndorf Nancy K Parker, V~ce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Voting Nay None CounctI Members Absent W~lham W Harrison, Jr, and Reba S McClanan October 24, 2000 - 56- Item V-L. I O. PLANNING ITEM # 47315 Lance Sapera, 3508 Rtders Lane, Phone 368-4896 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd DEFERRED UNTIL NOVEMBER 28, 2000, CITY COUNCIL MEETING: Ordinance upon apphcatton of COMMERCIAL INVESTMENT PROPERTIES, L.L.C. for an Amendment to the Green Run Land Use Plan ORDINANCE UPONAPPLICA TION OF COMMERCIAL INVESTMENT PROPERTIES, L L C FOR AN AMENDMENT TO THE GREEN R UN LAND USE PLAN TO ,4LLO W FUEL SALES IN CONJUNCTION WITH .4 CONVENIENCE STORE Ordmance upon apphcanon of Commercial Investment Properaes, L L C, jbr an amendment to the Green Run Land Use Plan to allow fuel sales m conjunctton wtth a convemence store at the southwest mtersecaon of Buckner Boulevard and S Rosemont Road (GPIN # 1485- 65-6406) Satd parcel contains 1 6 acres PRINCESS ,4NNE - DISTRICT 7 Votmg 9-0 (By ConsenO Councd Members Vottng Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mandtgo, Jr, MayorMeyeraE Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vonng Nay None Councd Members ,4bsent Wdham W Harrtson, Jr, and Reba S McClanan October 24, 2000 -57- Item V-L. 11. PLANNING ITEM ii 47316 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED INDEFINITEL Y apphcatton of the City of Vtrgmta Beach to AMEND Section SB of the Stte Plan Ordinance re floodplain regulations and Section 200 of the City Zomng Ordinance pertaining to regulations relating to zoning lots Voting 9-0 (By ConsenO Council Members Voting Aye Llnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louis R Jones, Robert C Mandlgo, Jr, MayorMeyeraE Oberndorf, Nancy K Parker, Vice Mayor Wllham D Sessoms, Jr and Rosemary Wilson Councll Members Voting Nay None Councll Members' Absent Wllham l,V Harrison, Jr, and Reba S McClanan October 24, 2000 - 58 - Ite~ V-M. 1. APPOINTMENTS ITEM it 47317 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT RESORT AREA AD VISOR Y COMMISSION (PA C) October 24, 2000 - 59 - Item V-M. 2. APPOINTMENTS ITEM # 47318 Upon NOMINATION by Vtce Mayor Sessoms, C~ty Councd REAPPOINTED: Harry R. Purl~e.v, Jr. 5 Year Term 1/1/01 - 12/31/05 BOARD OF ZONING APPEALS Voting 9-0 Councd Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley. Lores R Jones, Robert C Mand~go, Jr, MayorMeyeraE Oberndorf, Nancy K Parker, V~ce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent Wdham W Harrison, Jr, and Reba S McClanan October 24, 2000 - 60 - Item V-M. 3. APPOINTMENTS ITEM # 47319 Upon NOMINATION by Vtce Mayor Sessoms, C~ty Council REAPPOINTED: Carl W. Fisher John C. Napolitano 3 Year Terms 1/1/01- 12/31/03 CHESAPEAKE BAY PRESER VA TION AREA BOARD Voting 9-0 Council Members Vottng Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Lores R Jones, Robert C Mandlgo, Jr, MayorMeyeraE Oberndorf, Nancy K Parker, V~ce Mayor Wflham D Sessoms, Jr and Rosemary Wilson Council Members Vottng Nay None Counctl Members Absent Wllham W Harrison, dr, and Reba S McClanan October 24, 2000 Item V-M. 4. - 61 - APPOINTMENTS ITEM # 4732O Upon motion by V~ce Mayor Sessoms, seconded by Councdman Branch, C~ty Councd ENDORSED the creation of the Mayor's Commtttee OCEANA OPERA TIONS TASK FORCE Rear Admiral Fred Metz Captain John Shick Council Member Robert C. Mandigo Council Member Nancy K. Parker (to work closely w~th Captain Wdham C Zobel, Commanding Officer NAS Oceana) Voting 8-1 Councd Members Vonng Aye Ltnwood 0 Branch, III, Barbara M Henley, Louts R dones, Robert C Mandtgo. dr, Mayor Meyera E Oberndorf Nancy K Parker, V~ce Mayor Wdham D Sessoms, dr and Rosemary kVdson Councd Members Voting Nay Margaret L Eure Councd Members Absent Wdham I,V Harrtson, Jr, and Reba S McClanan October 24, 2000 Item V-M. 5. APPOINTMENTS ITEM # 47321 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Councd APPOINTED - -parttal appointments Charles "Gee" Faison, Jr. Colonel Cornell Fuller Dewey S. Jones Rear Admiral Fred Metz Captain John Shick Robert F. Sutherland Stanley Waranch SUPER HORNET COMMISSION (Thts Commtsston ts estabhshed thts date, 24 October 2000, to dtssolve smty (60) days afier pubhcatton m the Federal Reglster of the Record of Decision on the EIS ) Voting 9-0 Councd Members Voting Aye Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mandlgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Counctl Members Voting Nay None Counctl Members Absent Wllham W Harrison, dr, and Reba S McClanan October 24, 2000 Item V-M. 6. - 63 - APPOINTMENTS ITEM ii 47322 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Councd REAPPOINTED Sandra J. Baines Barbara E Clevenger Vicki L. Stephenson Dorothy L. Wood 4 Year Terms 1/1/01 - 12/31/04 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORA TION Vottng 9-0 Councd Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Mand~go, Jr, MayorMeyeraE Oberndorf Nanc. v K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Counctl Members Absent Wdham W Harrison, Jr, and Reba S McClanan October 24, 2000 - 64 o Item V-P. ADJOURNMENT ITEM # 47323 Mayor Meyera E Oberndorf DECLARED the C~ty Councd Meeting ADJOURNED at 8:12 P.M. Hooks, CMC Chief Deputy C~ty Clerk City Clerk Meyera E Oberndorf Mayor City of V~rgm~a Beach V~rgmta October 24, 2000 .) City of Virginia Beach INTER-OFFICE CORRESPONDENCE TO: FROM: DATE: SUBJECT: Department Directors and Constitutional and Appointed Officials Susan D. Walstort, Chief of Staff~ November 2, 2000 Employee Health and Dental Benefit Program for 2001 Attached is the overview of the employee health and dental benefit program for 2001 that was shared with City Council on October 20~. The Open Enrollment is scheduled for November 1st through November 30~' and employees should begin receiving their packets some time next week.