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HomeMy WebLinkAboutJANUARY 6, 2004 AGENDACOUNCIL MA YOR MEYERA E OBERNDORF At-Large VICE MAYOR LOUIS R JONES, Baystde -Dtstmct 4 HARRY E DIEZ, EL, Kempsvdle - Dtstrwt 2 MARGARET L EURE, Centervdle - Dtstrwt 1 REBA S McCLANAN, Rose Hall - D~strtct 3 RICHARD A MADDOX, Beach - Distrwt 6 JL~I REEVE, Princess Anne - Dtstrwt 7 PETER W SCHMIDT. At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, A t-Large JAMES L WOOD, Lynnhaven -Dtstrwt 5 JAMES K SPORE, Ctty Manager LESLIE L LILLEY Ctty Attorney RUTH HODGES SMITH MMCA, ('tO' Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (75 7) 426-5669 E MAIL Ctycncl~vbgov corn 6 January 2004 I. CITY MANAGER'S BRIEFING Conference Room - 3.O0 P.M A VBTV Enchancements David Sulhvan, Chief Information Officer II REVIEW OF AGENDA ITEMS III CITY COUNCIL LIAISON REPORTS IV CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6'00 P M. A. CALL TO ORDER - Mayor Meyera E Obemdorf B INVOCATION: Rector James R. Anderson Saint. Francis Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F MINUTES 1. INFORMAL AND FORMAL SESSIONS December 9, 2003 G. AGENDA FOR FORMAL SESSION H. PRESENTATION o GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) AWARD Department of Management Services I. PUBLIC HEARING 1. Senior Citizen Tax Relief (proposed) CONSENT AGENDA K. RESOLUTIONS / ORDINANCES 1. Resolution committing the C~ty to PARTICIPATE w~th the Umted States Office of Economic Adjustment in a JOINT LAND USE STUDY re zomng issues in the AICUZ 2 Resolution re a City Council Pohcy addressing CERTIFICATE OF PUBLIC NEED requests re medical care 3 Resolution SUPPORTING the development of a HEALTH CAMPUS at Pnncess Anne Commons and a Certfficate of need for the Ambulatory Surgery Center 4. Ordinance to APPROPRIATE $2,619,243 from the C~ty's General Fund re various School projects and Revenue Sharing Formula funds as requested by the School Board: $250,000 to eqmpment and vehicle replacement re distance learmng for two middle schools b. $369,243 School Wellness Trust Fund re Card~o4Llfe c $1,000,000 re one-time new Academy proposals d. $1,000,000 to the School Reserve Ordinance to APPROPRIATE and TRANSFER $1,077,385 from the FY 2002-03 Tourism Advertising Program to FY 2003-04 operating budget re Convention and Visitors Bureau expansion on the City's Tourism Advertising program to fund capital improvements and prowde emergency funds 6. Ordinances re MH/MR/SA FY 2003-2004 operating budget: APPROPRIATE $239,574 from the Commonwealth of Vlrg~ma re ad&tlonal services b. TRANSFER $351,899 re new positions to stabilize their workforce L. PLANNING Ordinance re CATHOLIC DIOCESE OF RICHMOND extending the time to July 8, 2004, to comply for dtsconttnuance, closure and abandonment of a portion of Arctic Crescent at Arctic C~rcle and 14th Street. (DISTRICT 6- BEACH) M APPOINTMENTS BOARD OF BUILDING CODE APPEALS - Plumbing/Mechanical COMMUNITY SERVICES BOARD- CSB FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MINORITY BUSINESS COUNCIL PLANNING COMMISSION PUBLIC LIBRARY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEVAMP TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION -VBCDC M. UNFINISHED BUSINESS No NEW BUSINESS 1 ABSTRACT OF CIVIL CASES RESOLVED - November 2003 O. ADJOURNMENT Agenda 01/06/04 blb www vbgov com If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephomc Device for the Deaf) i ! i i i ii i i ii I CITY COUNCIL'S BRIEFING Conference Room - Ao Virgnma Beach/U.S. Navy Joint Land Use Study- AICUZ James M. Davis, Assomate Director Office of Economxc Adjustment 2:00 P.M CITY MANAGER'S BRIEFING Ao VBTV Enchancements Dawd Sullivan, Chief Information Officer m. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL LIAISON REPORTS V. CITY COUNCIL COMMENTS i i i VI. INFORMAL SESSION - Conference Room - 4:00 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Rector James R. Anderson Stunt Francis Episcopal Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F MINUTES 1. INFORMAL AND FORMAL SESSIONS December 9, 2003 G. AGENDA FOR FORMAL SESSION ! CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virgima Beach City Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Informataon Act; and, WHEREAS: Section 2.2-3712 of the Code of Virg~ma requires a certification by the govermng body that such Closed Session was conducted in conformity with V~rginia Law. NOW, THEREFORE, BE IT RESOLVED: That the V~rginia Beach C~ty Councd hereby certifies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully exempted from Open Meeting requirements by Virginia Law were d~scussed ~n Closed Session to wtuch this certification resolution applies, and, (b) only such pubhc bus~ness matters as were ~dentified in the motion convemng th~s Closed Session were heard, d~scussed or considered by Virgima Beach C~ty Council. H. PRESENTATION GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) AWARD Department of Management Services i PUBLIC HEARING 1. Semor C~tlzen Tax Relief (proposed) J. CONSENT AGENDA THE BEACON SUNDAY. DECEMBER 21, 2003 NOTICE OF PUBLIC HEARING ¥'~rg~ma Beach C,~¥ Counc~t wdl meet m the Chamber at C~ty Hall, Mumooal Cent. er, 2401_ Courthouse Drive, Tuesday, Ja,~uar~ 6 2004 at 6 O0 p m The following, apDl~cabon wdl be hearC DISTRICT 6- BEACH Cathohc D~ocese of R~chmond Appl~cabon Extens;on of tm~e to corn pi) for d~sconbnuance, closure and abandonment of a ¢orbon of Arct,c Crc' c~ r,t at Arctic C~-( le ,Jfld 141h Street A,i .. terested c,l~zens ~re ~nwted to attend Ruth hOd~ S', '~ MMC& a, ,~,,~- D,' el'be, 01 ar,' Oerember 28 2003 179o ,~3~ NOTICE OF PUBLIC HEARING V~rgm~a Beach C~ty Councd wdl meet in the Chamber at C~ty Hall, Mumc~pal Center, 2401 Courthouse Dnve, Tuesday, January 6, 2004, at 6 O0 p m The followrng apphcabon wdl be heard DISTRICT 6 - BEACH Catholic D~ocese of R~chmond Apphcat~on Extension of t~me to com- ply for.d~scontmuance, closure and abandonment of a porbon of Arctic Crescent at Arctic Qrcle and 14th Street All interested c~tEens are mwted to attend · Ruth Hodges Smith, MMCA City Clerk Beacon December 21 and December 28, 2003 10954834 Ko RESOLUTIONS / ORDINANCES 1. Resolution committing the City to PARTICIPATE w~th the United States Office of Economxc Adjustment ~n a JOINT LAND USE STUDY re zomng xssues ~n the AICUZ 2. Resolution re a C~ty Councd Pohcy addressing CERTIFICATE OF PUBLIC NEED requests re medical care . . Resolutmn SUPPORTING the development of a HEALTH CARE CAMPUS at Pnncess Anne Commons and a Certificate Of Need for the Ambulatory Surgery Center Ordinance to APPROPRIATE $2,619,243 from the City's General Fund re various School projects and Revenue Sharing Formula funds as requested by the School Board: ao $250,000 to equipment and vehicle replacement re distance learning for two middle schools b. $369,243 School Wellness Trust Fund re Cardio4Life c. $1,000,000 re one-time new Academy proposals d. $1,000,000 to the School Reserve , Ordinance to APPROPRIATE and TRANSFER $1,077,385 from the FY 2002-03 Tourism Advertising Program to FY 2003-04 operating budget re Convention and Visitors Bureau expansion on the C~ty's Tourism Advertising program to fund capital improvements and provide emergency funds 6. Ordinances re MH/MR/SA FY 2003-2004 operating budget: ao APPROPRIATE $239,574 from the Commonwealth of Virgtma re additional serrates b. TRANSFER $351,899 re new posit~ons to stabihze thexr workforce ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM A Resolution Comm~tbng the C~ty to Participate ~n a Joint Land Use Study with the Off~ce of Economic Adjustment of the Department of Defense MEETING DATE: January 6, 2004 Background: The Department of Defense's Office of Economic Adjustment (OEA) has a program available for Joint Land Use Studies (JLUS) between junsdicbons that have a large military presence and OEA for purposes of addressing encroachment, other land use issues, and creating better relabonsh~ps. Because of the recent OPNAV Instruction 11010.36B on the Air Installations Compabble Use Zones (AICUZ) Program, C~ty Council has created a Task Force on Land Use in A~r Installations Compabble Use Zones (AICUZ) to work with the Navy on land use ~ssues. A JLUS could be utilized as a way to ~denbfy and subsequently address issues created through the new OPNAV Instruction. The JLUS could also provide a process and plan to guide the continued positive co-ex~stence of NAS Oceana and the C~ty ~n hght of the upcoming Base Realignment and Closure (BRAC) process. Considerations: OEA will pay for 75 percent of the cost to conduct the JLUS, w~th the C~ty being responsible for the remaining percentage. Although we have requested that Norfolk and Chesapeake be part of this study, the C~ty ~s poised to move forward unilaterally ~f those jurisdictions decide not to participate. Staff time and resources may be charged to the study, which will cost less than $100,000. If City Councd adopts the resolution, then an electronic application could be completed by the first week of February and the grant award could take place in m~d-February Depending on the scope of the work, a consultant may need to be h~red, which w~ll take approximately 45 days after the grant award. Public Information: The resolution will be adverbsed through the rouhne means of the agenda, such as the C~ty's Web s~te, etc. Alternatives: Do not conduct the JLUS. Recommendations: Adopt the attached resolution indicating the City's support for the JLUS. Attachments: Resolution Recommended Action: Adoption of Resolubon Submitting Department/Agency: Ofhce of the City Manager City Manager:~l~;~'O ~ .~ A RESOLUTION COMMITTING THE CITY TO PARTICPATE IN A JOINT LAND USE STUDY WITH THE OFFICE OF ECONOMIC ADJUSTMENT OF THE DEPARTMENT OF DEFENSE WHEREAS, the City recognizes its local responsibility to 6 protect the public health, safety and welfare of its citizens; and WHEREAS, as a means of accomplishing this objective, the City 8 has an opportunity to participate in a Joint Land Use Study (the 9 "Study"), either in concert with other local jurisdictions and the 10 Office of Economic Adjustment ("the OEA" ) of the Department of 11 Defense, or bilaterally between Virginia Beach and the OEA; 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 1. That the City pledges its full support and participation 15 in performing the Study; 16 2. That the City agrees to be the sponsor of the Study unless 17 another entity acceptable to the City of Virginia Beach, the OEA and 18 the other participating jurisdictions agrees to provide such 19 sponsorship; 2O 3. That the City agrees to provide financial or in - kind 21 support, or both, for the Study as required by law, which requires 22 that the participating local jurisdiction be responsible for 25 23 percent of the costs of the Study, either by means of cash or in - 24 kind contributions, with the OEA being responsible for the remainder 25 of such costs; and 26 4. That subject to the City Council's review and approval of 27 the report and recommendations contained in the Study, the City 28 shall implement such recommendations of the Study as are appropriate 29 to ensure that development in Air Installations Compatible Use 30 Zones, as identified in the Study, will be not be incompatible with 31 the Navy's mission and flight operations at NAS Oceana. 32 Adopted by the Council of the City of Virginia Beach on 33 the day of , 2004. 34 35 CA-9087 36 wmm~ordres\JLUSres.doc 37 December 29, 2003 38 R-2 APPROVED AS TO CONTENT City ~4anager' s Office APPROVED AS TO LEGAL SUF/F I C I ENCY City Attorney's Offi~e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MEETING DATE: A Resolution Adopting a City Council Policy: "Addressing Certificate of Public Need Requests" January 6, 2004 Background: The Virginia Medical Care Facilities Certificate of Public Need Law requires owners or sponsors of medical care facility projects to secure a certificate of public need from the State Health Commissioner prior to initiating such a project. In furtherance of such applications, owners and sponsors have asked members of City Council to provide personal letters of support or endorsement. Considerations: The policy attached to this resolution establishes a process whereby City Council would respond to such requests as a body. Public Information: The resolution is to be advertised as a normal agenda item Attachments: Resolution Proposed City Council Policy Recommended Action: N/A Submitting Department/Agency: City Manager: City Council H.\OrdmkNONCODE\cpnresarf. wpd City Council Policy T'dJe: Addresang Cerbficate of Public Need Requests Date of Adopaon I Date of Revision I Index Number- Page I of 2 1.0 2.0 3.0 Purpose and Need The Virginia Medical Care Facilities Certificate of Public Need Law, which ~s codified as Article 1.1 (§32.1-102 et seq.) of Chapter 4 of Title 32.1 of the Code of Virginia, requires owners or sponsors of medical care facility projects to secure a certificate of public need from the State Health Commissioner pdor to initiating such project. The State Board of Health is directed by the Code of Virginia to promulgate and prescribe such rules and regulations as deemed necessary to fulfill the requirements of the statute. The regulations require the owner of an existing medical care facility or the sponsors of a proposed medical care facility submit an application in a prescribed format requiring an extensive amount of demographic, financial and technical data. These major medical infrastructure and service resource allocation decisions are extremely critical and long-term in nature. The application process includes a comprehensive review by the Virginia Department of Health and the appropriate regional health planmng agency. In determining whether a public need exists for a proposed project, the Commissmner must consider the 20 critena set out in the Code of Virginia. In the past, City Council members and staff have received requests for personal letters of support or endorsement regarding specific applications for Virginia medical care facilities certificates of public need. City Council members want to ensure that the citizens of Virginia Beach have the highest quality of medical care facilities available. The purpose of this policy is to establish a process for the City Council as a whole to respond to requests for support or endorsement of medical care facilities Policy If City Council chooses to respond as a body regarding a request for a letter of support or endorsement for a Virginia medical care facilities certificate of public need application, the following procedure will be followed. Procedure to Accomplish the Policy 3.1 Pnor to taking a position, the applicant should be required to submit the request, along with supporting material, to the Office of the City Manager. Staff shall review the materials and prepare an executive report on the requested Certificate of Public Need for City Council's consideration. (If City Council accepts the recommendation of the Trauma Center Task Force, the COPN request should be reviewed by the "Health Advisory Committee".) 3.2 Once the City council has taken a position on the issue, all official City correspondence will reflect the City council's adopted position. 3.3 City Council will authorize the Mayor to send a letter stating the City's official position. Trtle AddressBng Cer'aficate of Publm Need Requests Date of Adop13on I Date of Rews~on Index Number' Page 2 of 2 3.4 Indiwdual positions are discouraged. Personal opinions and comments may be communicated only if the City Council member clarifies that these statements do not reflect the official position of the City Council 4.0 Definitions "Application" means a prescribed format for the presentation of data and information deemed necessary by the State Board of Health to determine a public need for a medical care facility project. "Certificate of public need" means a document that legally authonzes a medical care facility project, which is issued by the State Health Commissioner to the owner of such project. "Medical care facility" means any institution, place, building, or agency, at a single site, whether or not licensed or required to be licensed by the State Board of Health or the State Mental Health, Mental Retardation and Substance Abuse Services Board, whether operated for profit or nonprofit and whether privately owned or operated or owned or operated by a local governmental unit, (i) by or in which facilities are maintained, furnished, conducted, operated, or offered for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, whether medical or surgical, of two or more non-related mentally or physically sick or injured persons, or for the care of two or more non-related persons requiring or receiving medical, surgical, or nursing attention or services as acute, chronic, convalescent, aged, physically disabled, or crippled or (ii) which is the recipient of reimbursements from third party health ~nsurance programs or prepaid medical service plans. Approved as to Content: Approved as to Legal Sufficiency: Reviewed by: Item Number. ? ...... C}iief'-0f staff "'"'"' City Attorney .City Manag~rX~ Date ~ate ' Da~e City Clerk Date A RESOLUTION ADOPTING A CITY COUNCIL POLICY: "ADDRESSING CERTIFICATE OF PUBLIC NEED REQUESTS" WHEREAS, owners or sponsors of medical care facility projects 5 are requzred by the Virginia Medical Care Facilities Certificate of 6 Public Need Law to secure a certificate of public need from the 7 State Health Commissioner prior to inztiating such a project; and WHEREAS, the State Board of Health promulgates regulations 9 concerning the process to be followed when applying for certificates 10 of public need, zncluding a requirement that applicants submit an 11 extensive amount of documentatzon to the Board to assist the State 12 Health Commissioner in determining whether a public need exists; and 13 WHEREAS, City Council members have received requests from 14 owners and sponsors for personal letters of support or endorsement 15 regarding specific applications for certificates of public need; and 16 WHEREAS, it is prudent for City Council to respond as a body to 17 such requests; 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That the City Council hereby adopts the policy, 21 "Addressing Certificate of Public Need Requests," a copy of which is 22 attached hereto as Exhibit A. 23 24 Adopted by the Council of the City of Virginia Beach on the 25 day of 2004. 26 27 28 29 CA-9086 Noncode/Ordin/cpnres.doc December 29, 2003 R-1 APPROVED AS TO CONTENT APPROVED AS TO SUFFICIENCY LEGAL City Manager's Office City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Supporting the Development of a Health Campus at Princess Anne Commons MEETING DATE: January 6, 2004 · Background: A fact-finding session on the potential issuance of a Certificate of Public Need (COPN) for the Princess Anne Commons Surgery Center in Virginia Beach has been scheduled by the Virginia Department of Health on January 12, 2004. The development of this surgery center is considered compatible and called for in the adopted Princess Anne Corridor Study (July 2000) and the recently adopted update to the City's Comprehensive Plan (December 2003). · Considerations: The development of the Princess Anne Health Campus is critical to the City's vision for the Princess Anne Commons area which includes athletic, entertainment, educational and comprehensive health care services. Also, the southem portion of the City of Virginia Beach is currently under-served by needed health care facilities. · Public Information: The resolution is to be advertised as a normal agenda item. · Recommendations: It is recommended that City Council support the issuance of a Certificate of Public Need for the Ambulatory Surgery Center which is an integral element of the larger Health Campus and adopt the attached resolution voicing that support. · Attachments: Resolution and letter requesting support from City of Virginia Beach for the Certificate of Public Need Resolution Recommended Action: Adoption of resolubon. Submitting Department/Agency: City Manager City Manager: ~Z.~~. ~~..~ RESOLUTION SUPPORTING THE DEVELOPMENT OF A HEALTH CAMPUS AT PRINCESS ANNE COMMONS 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 WHEREAS, the Virgznia Department of Health has scheduled a fact-finding session on the potential issuance of a certificate of public need (COPN) for the Prmncess Anne Commons Surgery Center zn Virginia Beach; and WHEREAS, the Eastern Virginia Health Systems has recommended favorably on the COPN for the Surgery Center; and WHEREAS, the development of the Princess Anne Commons Surgery Center is compatible and called for in the adopted Princess Anne Corridor Study (July 2000) and the recently adopted update to the City's Comprehensive Plan (December 2003); and WHEREAS, the development of the Princess Anne Health Campus is critical to the City's vision for the area which includes athletic, entertainment, educational and comprehensive health care services; and WHEREAS, the southern portion of the City of Virginia Beach is currently under-served by needed health care facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. That the development of the Health Care Campus in the Princess Anne Commons Area is critically needed and is consistent with the City's vision and plans for this area of the community; 26 27 28 29 3O 31 32 33 34 2. That the City Council strongly supports the issuance of a Certificate of Public Need for the Ambulatory Surgery Center which is an integral element of the larger Health Campus; 3. That this resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. 35 36 37 38 CA9088 ordin/noncode/Princess Anne Commons. Res December 29, 2003 R-1 39 40 41 42 APPROVED AS TO CONTENT City Manager's Office APPROVED AS TO LEGAL SUFFICIENCY City Attorneys Office SENTARA. December 24, 2003 Executrve Office 6015 Poplar Hall Drive, State 300 Norfolk, VA 23502 Tel 757 4557110 Fax 757 455 7112 Hpkem@senlara corn David L Bemd Chlet Execubve Officer The Honorable James K. Spore City Manager City of V~rgmm Beach Municipal Center 2501 Courthouse Drive Vzrg~ma Beach, Vlrgama 23456-9001 Dear Mr. Spore: On Monday, January 12 at 9:30 a m. ~n Court Room B of the State Corporabon Commission in Rmhmond, a fact-finding session will be held on the Certificate of Pubhc Need (COPN) apphcat~on for the Pnncess Anne Commons Surgery Center proposed by Sentara Healthcare As you know, Sentara zsa partner wath the City of Vzrgzma Beach on the Pnncess Anne Commons Health Campus. This ambulatory surgery center zs cntacal to the plans for Pnncess Anne Commons Health Campus. Without it, zt will be &fficult to attract physmmns to locate their offices zn the medical bmldzngs to be located at Pmncess Anne Commons Many of the other elements of this project are built around hawng the surgery center located here. The Eastern V~rgmza Health Systems recommended zn favor of the COPN apphcat~on for the Pnncess Anne Commons Surgery Center. However, the staff of the V~rgnma Health Department has recommended agmnst ~ts approval, and a demsmn wall now be made by the Commissioner of Health. The staff's dems~on was based, ~n our wew, on a lack of understanding both of the significant growth ~n the areas surrounding Princess Anne Commons, and of the C~ty's plans for the Pnncess Anne Commons Health Campus I am wntxng to request that the C~ty send a representattve to the ~nformal fact-finding heanng to address the populatmn growth ~n this area of the C~ty, and to address the C~ty's ws~on for the Princess Anne Commons. I would also hke to have a letter of support from the C~ty for the COPN and a resolubon from the Council ~f possible. I beheve it ~s ~mportant for the state officmls to understand that th~s ~s the area where the C~ty has demded to develop a health campus, and that the approval of th~s Cemficate of Pubhc Need ~s a priority for the C~ty and cntacal to the C~ty's plans for the future. I am very grateful for your consideration Sincerely, David L. Bemd Chief Executive Officer ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM An Ordinance to Appropriate $2,619,243 of Fund Balance in the General Fund to Various School Projects and Funds as Requested by the School Board MEETING DATE: January 6, 2004 · Background: The Revenue Shanng Formula adopted by the C~ty Council provides for the distribution to the School Board's 53.13% share of any actual revenues which exceeded budgeted revenues The School Board's 53 13% share of the FY 2002-03 Actual Over Budgeted revenue was $2,619,243 The adm~mstrat~on recommends the $2,619,243 be used for the following purposes: · $250,000 to Capital Improvement Project 1-011, "Equipment and Vehicle Replacement," for distance learning equipment for 2 middle schools · $369,243 to the School Wellness Program Trust Fund for the Cardlo4Life 3 year Wellness Program · $1,000,000 to the Instructional Category of the FY 2003-04 Operating Budget to fund one-time expenses for any new academy proposals approved by the School Board · $1,000,000 to be added to the School Reserve Special Revenue Fund · Considerations: The School Board has adopted a resolution requesting the allocabon of these funds in th~s manner · Public Information: Resolution requesting this appropnat~on adopted by the School Board at the November 18, 2003, public meebng This ~tem w~ll be published through the normal Council agenda [] Alternatives: None [] Recommendations: Approval of attached ordinance [] Attachments: School Board Resolution dated November 18, 2003, Ordinance Recommended Action: APPROVAL Submitting Department/Agency: Attached School Board Resolution City Manager.~~ [~_~(.~-~ F \Data~ty\Ord~n\Nofl~-'~ode\OverBudgetarf DOC AN ORDINANCE TO APPROPRIATE $2,619,243 OF FUND BALANCE IN THE GENERAL FUND TO THE VARIOUS SCHOOL PROJECTS AND FUNDS AS REQUESTED BY THE SCHOOL BOARD WHEREAS, the city/school revenue sharing formula adopted by City Council provides for the distribution of 53.13% of any 9 established formula actual revenues which exceed budgeted 10 revenues; 11 WHEREAS, 53.13% of the FY 2002-03 actual over budgeted 12 revenues was $2,619,243; and 13 WHEREAS, on November 18, 2003, the School Board adopted a 14 resolution requesting the appropriation of this $2,619,243 from ]5 the fund balance in the General Fund. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, Virginia: 18 1. That $2,619,243 is hereby appropriated from the fund 19 balance of the General Fund to the FY 2003-04 Capital Budget and 20 School Operating Budget in the amounts and for the purposes set 21 forth below: 22 (a) $250,000 to Capital Project 1-011, "Equipment and 23 Vehicle Replacement," for distance learning equipment for two 24 middle schools; 25 (b) $369,243 to the School Wellness Program Trust 26 Fund for the Cardio4Life three year wellness program; 27 (c) $1,000,000 to the Instructional Category of the 28 FY 2003-04 Operating Budget to fund one-time expenses for any 29 new academy proposals approved by the Board; and 3O (d) $1,000,000 to the Special Revenue Fund-School 31 Reserve in the City's FY 2003-04 Operating Budget. 32 2. That estimated revenue from the use of fund balance in 33 the General Fund is increased by $2,619,243. 34 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia on the day of , 2004. CA-9085 Ordin/Noncode/OverBudgetord. doc R-1 December 22, 2003 Approved as to Content Management Services Approved as to Legal Sufficiency C~ty Attorne~Off~c~ ' I IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Channa'~ DIs~'lCt I - 1513 Beachvm~ ~ VA ~,VA 2~ 4~3551 (h) · 717~259 Nal L Rose VA ~, VA 2~2 O*~t 6 - ~ VA ~. VA ~ VA ~.VA ~2 ~ J~ 'Jim" ~ VA ~. VA VA~.VA ~ 4~1 (hi VA ~,VA ~2 ~167 ~w~ vA ~. VA ~52 4~ ~).~) ~ur T. T~ VA ~.VA ~ VA ~, VA 2~ ~4 ~) VA ~, VA 2~ ~(w) SUPE~NDENT VA ~, VA ~ RESOLUTION REGARDING FY 2002/03 ACTUAL OVER BUDGET REVENUE SHARING FORMULA FUNDS WlZ[EREAS, the Revenue Shanng Formula adopted by C~ty Courted provides for the d~smbut~on to the School Board's 53.13% share of any actual revenues whmh exceed budgeted revenues; and ~IglI~R.EAS~ the School Board's 53 13% share of the FY 2002/03 Actual over budgeted revenues was $2,619,243, and VgI-IEREAS~ the adrmmstralaon recommends the $2,619,243 be used for the follow,ng purposes $ 250,000 to CIP project 1.011 for D~stance Learmng Eqmpment for the 2 M~ddle Schools · $ 369,243 to the School Wellness Program Trust Fund for the Card~o4L~fe 3 year Wellness program · $1,000,000 to the Instructaonal Category of the FY 2003/04 Operating Budget to fund one- tzme expenses for any new academy proposals approved by the Board · $1,000,000 to be added to the $448,021 from FY 02/03 reversion funds for the School Spemal Reserve Spemal Revenue Fund, now be ~t RESOLVED: That the Board approves and affmns the recommended uses of these funds as presented by the Administration; and be ~t further RESOLVED: That the adrmrastrauon requests these funds be appropriated by the C,ty Council as soon as praetmable, but no later than December 1, 2003, and be ~t further RESOLVED: That a copy ofttus resolutmn be spread across the officml minutes ofth,s Board, and the Clerk of the Board ts d~rected to dehver a copy of th, s resolutaon to the Mayor, each member of C~ty Council, thc C~ty Manager, and the C~ty Clerk. Adopted by the School Board of the Ctty of V~rg~ma Beach th~s 18'h day of November 2003. S E A L Darnel D. Edwards, Chmrman ' Attest: 'D'~anne P. Alexa~&, Clerk ~f the'Board Schod Adrn~~ Budding * 2512 George Mason Drive * R O. Box 6038 * Virgir~a Beach, VA 23456-0038 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appropriating $1,077,385 in 2002-03 Tourism Advertising Program Special Revenue Fund Balance to the FY 2003- 04 Operating Budget MEETING DATE: January 6, 2004 Background: In July 1996, the City Council of Virginia Beach established the Tourism Advertising Program Special Revenue Fund. Together w,th revenues from one cent of the percentage-based portion of the transient lodging tax and one-half cent of the restaurant meal tax, a Flat Lodging Tax of One Dollar ($1.00) was added to support the City's budget for its advertising and marketing program and related activities, including operation of the V~sitor Center to promote and increase tourist visitation to this City. Considerations: The odginal ordinance established Council's intent to utilize the Tourism Advertising Revenue Fund for the Advertising Program. At the close of FY 2002-03, the TAP Fund had an unappropriated fund balance which is a result of: 1) positive revenue performance over and above projections, 2) appropriation balances from Advertising, the TAP Fund Reserve for Contingencies, and the Visitor Information Center in FY 2002-03, and 3) accumulated interest in the fund set aside specifically for capital improvements at the Visitor Center. The proposed appropriation of $1,077,385 would be used as follows: . $677,385 to expand the City's advertising and promotional efforts, primarily for the new convention center marketing, sports marketing, regional cooperative advertising campaigns with the state, and new market opportunities. . $300,000 for reserves to ensure quality advertising and marketing capacity in the event of a natural disaster or serious economic conditions impacting the City's tourism industry. The Department of Convention & Visitor Development, together with the City's Advertising Advisory Committee, annually dedicates a portion of the fund balance for reserves, an amount determined to be appropriate given current trends and economic outlook in the tourism industry. . $100,000 for capital improvements at the Visitor Information Center, which was constructed in 1989, for site improvements, communications systems, and improved technology. Public Information: Pubhc Informabon will be through the normal means. Recommendations: Appropriate $1,077,385 to allow expansion of City's tourist advertising as ordained by Council, to provide reserves as emergency and/or economic issues arise in tourism industry, and fund ~mprovements at the Visitor Information Center. · Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitor Bureau City Manager: ~¥~ ~,~¢'~Z. F:lData/ATYlOrdmlNONCODE\TAParf. wpd AN ORDINANCE TO APPROPRIATE $1,077,385 FROM FUND BALANCE IN THE TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND TO THE FY 2003-04 OPERATING BUDGET OF THE VIRGINIA BEACH CONVENTION AND VISITORS BUREAU TO EXPAND THE CITY'S TOURISM ADVERTISING PROGRAM, FUND CAPITAL IMPROVEMENTS AND PROVI DE EMERGENCY FUNDS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, there are sufficient funds within the fund balance of the Tourism Advertising Program Special Revenue Fund to provide $1,077,385 to expand the tourism advertising program, fund capital improvements at the Visitor Information Center, and provide access to funds for advertising purposes in case of emergencies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $1,077,385 is hereby appropriated from the fund balance in the Tourism Advertising Program Special Revenue Fund to the FY 2003-04 Operating Budget of the Virginia Beach Convention and Visitors Bureau for the purpose of expanding the City's tourism advertising efforts, funding capital improvements at the Visitor Information Center and providing immediate access to funds for advertising purposes in cases of emergencies. 2. That estimated revenue in FY 2002-2003 Operating Budget is hereby increased by $1,077,385. 26 Virginza Beach, 27 Virginia, Adopted by the Council of the City of on the day of , 2004. 28 29 Requires an affzrmative vote by a ma3ority of the members of City Council. CA-9080 Ordin/noncode/TAP ORD.wpd R-2 December 18, 2003 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Attorney's~Of~i-c~/V' - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MEETING DATE: Request by MH/MR/SAS Department for Appropriations of $239,574 in Additional State Funding January6,2004 Background: The Department of Mental Health, Mental Retardation and Substance Abuse Services requests that City Council appropnate the following revenue streams that have become available since the FY 04 budget was adopted The revenue streams w~ll allow the Department to hire three staffto provide needed services to mentally ~11 children and adults The following revenues are available that have not been appropriated: -- $ 6,537 in one-bme state revenues -- $79,400 ~n CSA revenue; 1 FTE required -- $60,000 in Medicaid revenues; 1 FTE required for Day Treatment program -- $ 4,000 State Discharge Assistance Fund -- $89,637 in state revenue to assist senously mentally III co-occurnng persons; 1 FTE required. Considerations: The above-mentioned State and Medicaid revenues were not included in the Department's FY 2003-2004 Operabng Budget and thus have not been appropriated. No additional City funds are required to support these positions. Public Information: The inibatives being funded with the additional revenue were discussed and approved by the Community Services Board at its regular meebng on November 20, 2003. All other public information will be handled through the normal Council agenda process. Alternatives: These additional funds will allow the Department to meet pressing service needs. Without this funding, the services cannot be provided. Recommendations: That the City Council approve the following: Appropriation of $60,000 ~n Medicaid revenue and one FTE for a Chnician III posibon to provide Day Treatment services for severely emobonally d~sturbed children in the pubhc schools. -o Appropriation of $79,400 CSA revenue and one FTE for a Social Work Supervisor. Appropriation of $6,537 for community training in Mental Health and Substance Abuse Services. Appropriation of $89,637 state funding and one FTE for an Office Assistant II position for the Adult Day Center Appropnabon of $4,000 state funding set aside to provide treatment for persons found not guilty by reason of insamty. [] Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: MH/MR/SA City Ma nage~ ~3 '[~_ .~~/'~ F:\Data~.'l'~Ord~n\NONCODE\MHMRSARevenuearf.wpd AN ORDINANCE TO ACCEPT AND APPROPRIATE $239,574 IN STATE FUNDS TO THE FY 2003-04 DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE'S OPERATING BUDGET TO PROVIDE ADDITIONAL SERVICES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 1. That $239,574 in additional funding is hereby 11 accepted from the Commonwealth of Virginia and appropriated to the 12 FY 2003-04 Operating Budget of the Department of Mental Health, 13 Mental Retardation and Substance Abuse Services to provide 14 additional services. 15 2. That three full-time positions are hereby 16 established in the FY 2003-04 Operating Budget of the Department of 17 Mental Health, Mental Retardation and Substance Abuse Services. 18 3 That revenue from the Commonwealth of Virginia is 19 hereby increased accordingly. 20 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the day of , 2004. 23 24 Requires an affirmative vote bya majority of the members 25 of City Council. CA-9084 Ordin/Noncode/MHMRSARevenuesord.doc R-1 - December 19, 2003' A~oved A~ to C~n~tent: Management Services Approved As To Legal Sufficiency: City Attorney~-~ Offic~ ITEM: I CITY OF VIRGINIA BEACH AGENDA ITEM An Ordinance Transferring $351,899 Within the FY 2003-04 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services and Establishing Seven Full-Time Positions MEETING DATE: January 6, 2004 Background: The Department of Mental Health, Mental Retardation and Substance Abuse Services has two programs for which it proposes convertIng part-time and contract employees to full-time employees: Program 1: The Kentucky Avenue Residence is an intermediate care facility that serves eight medically fragile residents who have mental retardation. The residence provides 24/7 supervision, as well as custodial medical care for adults with mental retardation and related conditions. The facility opened in April 2002 with a staffing complement consisting of full- time, part-time, and contract employees. Since opening, the critical shortage of nurses and the problem of recruiting, training and retaining qualified part-time and contract employees have contributed to very high turnover at the facility. The lack of a stable workforce has increased cost and reduced the quantity and quality of care. Program 2: The Therapeutic After School Respite Program offers academic assistance and provides recreation and social activities for seriously emotionally disturbed children. A part-time Clinician II manages two classrooms with sixteen students and supervises four part-time aids, which do not meet the demand for this service. The position is funded by State and Medicaid revenues, and converting this part-time position to full time will not require any additional funding. Considerations: To retain staff, improve risk management issues, and reduce service disruptions associated with staff turnover, it is recommended that City Council approve the interdepartmental transfer and the establishment of seven full-time FTEs. Public Information: This initiative has been discussed at several Community Services Board meetings. All other public information will be handled through the normal Council agenda process. · Alternatives: Alternative 1: Create full-time positions to stabilize workforce. Alternative 2: Continue current practice of relying on part-bme and contract staff Recommendations: Approve ordinance creating full-time staff. Attachments: Ordinance Submitting Department/Agency: MH/MPJSA City Man ager(~~'~ ~- ~ ~¢'~ F:\Data~ty\Ord~n\Noncode\Kentucky Avenuearf. DOC AN ORDINANCE TRANSFERRING $351,899 WITHIN THE FY 2003-04 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES AND ESTABLISHING SEVEN FULL-TIME POSITIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $351,899 is hereby transferred within the FY 2003-04 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services ("MH/MR/SAS") for the purpose of converting existing part-time and contract employees to full-time employees. 2. That, effective immediately, seven full-time MR/MH Assistant and Behavior Specialist positions are hereby established in the FY 2003-04 Operating Budget of the Department of MH/MR/SAS. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. Requires an affirmative vote by a ma3ority of the members of City Council. CA9082 Ordin/Noncode/Kentucky Avenueord.doc R-1 - December 22, 2003 Approved As to Content: Approved As To Legal Sufficiency: City Attorney'~-~ffic~ L PLANNING 1. Ordinance re CATHOLIC DIOCESE OF RICHMOND extending the time to July 8, 2004, to comply for &scontznuance, closure and abandonment of a portion of Arctic Crescem Arctic C~rcle and 14th Street. (DISTRICT 6- BEACH) mST. ! ! s I I Exhibit A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Catholic Diocese of Richmond- Street Closure (portion of Arctic Crescent) MEETING DATE: January 6, 2004 · Background: Closure of Arctic Crescent beginning at the western boundary of Lot J and running east approximately 125 feet. DISTRICT 6 - BEACH · Considerations: On July 9, 2002, City Council approved the closure of a portion of Arctic Crescent w~th the following condibons: . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The applicant shall dedicate certain right- of-way to the City for Arctic Crescent as depicted on the exhibits filed with the application. The net area of right-of-way being closed and vacated by the City, in excess of the area of nght-of-way being dedicated to the City by the applicant will be purchased from the City. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by C~ty Council. Copies of the policy are available in the Planning Department. . The applicant is required to re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. . The applicant is required to construct a cul-de-sac at the new terminus of Arctic Crescent at the western boundary of Lot J, and at the new terminus of Arctic Crescent, Arctic Circle and 14th Street at no cost to the City of Virginia Beach. A construction plan must be approved and bonded through the Development Services Center of the Planning Department prior to recordation of the street closure plat. . The applicant is required to verify that no pnvate utilibes exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are private utilities (Virginia Power and Virginia Natural Gas) within the right-of-way proposed for closure. If private utilities do exEst, easements satisfactory to the utdity company must be provided. o The apphcant shall apply for and obtain a condibonal use permit for a church for this area prior to recordation of the street closure plat. A 20-foot drainage easement ~s required along the northern portion of 14th Street and Arctic Crescent for the existing storm drainage pipe system. o A 20-foot Public Utility easement shall be dedicated for each ublity located within the proposed street closure The exist, rig utilities are a 6 ,nch water main and 24 inch gravity sanitary sewer. . Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void On April 8, 2003, the City Council granted a request to reduce the area of closure Cond~bon #3 was revised to reflect the reduced area as follows: . The apphcant is required to construct a cul-de-sac at the new terminus of Arctic Crescent, Arctic Circle and 14th Street at no cost to the City of V~rginia Beach. A construction plan must be approved and bonded prior to recordation of the street closure plat. On July 1, 2003, the City Council granted a request to extend the time for compliance to January 8, 2004. The applicant is now requesting that the City Council grant a six-month extension of time to satisfy all of the conditions attached to the street closure. · Recommendations: Staff recommends approval of the six-month extension of time. The new date of compliance with conditions will be July 8, 2004. · Attachments: Ordinance Plat Location Map Recommended Action: Staff recommends approval. Submitting Department/Agency: Planmng Departrnent(~~-- City Manager.~~ ORDINANCE NO. AN ORDINANCE FURTHER EXTENDING THE DATE FOR SATISFYING CONDITIONS IN THE MATTER OF THE CLOSING, VACATrNG AND DISCONTINUING OF A PORTION OF ARCTIC CRESCENT AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF ARCTIC CRESCENT TO BE CLOSED & VACATED BY CITY COUNCIL OF VIRGINIA BEACH" WHEREAS, on July 9, 2002, the Council of the City of V~rgm~a Beach acted upon the apphcatmns of the Cathohc Dmcese of R~chmond for the closure of port~on of Arctic Crescent; WHEREAS, on July 9, 2002 the Council adopted an Ordinance to close the aforesmd street, subJect to certmn con&tions being met on or before July 8, 2003; and WHEREAS, on April 8, 2003, the applicants requested a modification of the area of the street closure. Smd request was granted by the Council as ORD-2740Q, however the deadline for conditions as established in the original or&nance adopted July 9, 2002 remained the same WHEREAS, on July 1, 2003, the apphcants requested an extenmon of t~me to satisfy the conditions attached to the aforesmd street closures. WHEREAS, on January 6, 2004, the apphcants requested a further extension of time to satmfy the conditions attached to the aforesaid street closures NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the date for meeting conditions of closure as stated in the Ordinance adopted on July GPINS: (Parcel adjacent to these portions of street) 2427-16-5054-0000, 2427-15-5854-0000 and 2417-15-5054-0000 26 9, 2002, upon application of the Catholic Diocese or Richmond, is extended to July 8, 2004. 27 28 Adopted by the Council of the City of Virginia Beach, V~rgima, on the ,2004. day r,f 29 30 31 32 33 34 35 CA-9047 ORDINLNONCODE\StarOfS ea.exten.ord Date' 12/15/03 R1 APPROVED AS TO CONTENT Planmng DepOnent APPROVED AS T~LE~ City Attorney's Ot~ce ~ Planning Commission Agenda June 12, 2002 CATHOLIC DIOCESE I # 30 Page 8 M APPOINTMENTS BOARD OF BUILDING CODE APPEALS - Plumbing/Mechamcal COMMUNITY SERVICES BOARD - CSB FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MINORITY BUSINESS COUNCIL PLANNING COMMISSION PUBLIC LIBRARY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA- SEVAMP TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION -VBCDC _ I I I I I I I No i NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - November 2003 O. ADJOURNMENT Agenda 01/06/04 blb www vbgov com If you are physically disabled or visually impaired and need assistance at ttus meetmg, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephomc Device for the Deaf) ii i CIVIL LAWSUITS RESOLVED DURING THE MONTH OF NOVEMBER, 2003 United States District Court Adrienne Smith v. City of Virginia Beach - civil rights. Former Bayside Library employee Adrienne Smith, acting uathout counsel, filed this suit ~n March 2003 alleging racml discrimination, racial harassment and retaliation during her employment with the City, in violation of federal civil rtghts statutes. Smith sued for $150,000 in compensatory damages, and unspecified punitive damages. Smith, who began working for the City in 1987, was terminated from employment in March 2002 for irrational outbursts and insubordinate behavior This followed a three-day suspension in September 2001 for similar conduct, and a reprimand m February 2002 for failing to obey a mandatory directive to attend EAP. The Personnel Board upheld the termination. Virginia Beach Circuit Court City of Virginia Beach v. Mothers, Inc., and Brenda McCormick-CZO violation. On November 3, 2003, the court held a "show cause" heating to determine whether or not McCormick and Mothers had complied with the court's orders regarding the charitable enterprise conducted from their house on 16th Street. The court found Brenda McCormick had not and, suspending 80 days of the 90 day jail sentence imposed, ordered her into custody to serve 10 days. The court also invited the City to remm if, after 10 days, there still has not been full compliance w~th the June order. This was the culmination of the suit filed m October 2002 to enforce the City zoning ordinance against Mothers, Inc. and Brenda McCormick, the executive director and registered agent of Mothers, Inc., and enjoin the operation of the charitable enterprise from the house Mothers owns on 16th Street, near the oceanfront. At trial in March, the parties and City negotiated an agreed injunction order requiring Mothers, Inc. to immediately cease all activities that are inconsistent wath an accessory use under the zoning ordinance. Following a heanng m June, the court found that neither McCormick nor Mothers had complied with the March court order, and ordered that Mothers, Inc. would be barred from all actxvities at and use of the property on 16m Street, and McCormick sent to jail for 90 days, if there was not full compliance RBC Centura Bank v. Wayne B. Rosso, United States of America, and City of Virginia Beach - collection. Th~s creditor's suit by Centura Bank was served in March 2003 to enforce deed of trust against Wayne Rosso by compelling the sale of certain real property owned by Rosso. The Umted States and the City were named because each has a recorded judgment against Rosso. Centura and Rosso settled their dispute, and the suit dismissed. The City is not affected by this resolution. City of Virginia Beach v. Dennaro and Susan F. Fiore - condemnation. This condemnation suit, for the acquisition of 17,341 square feet for right-of-way and a 954 square foot temporary construction easement required for the London Bridge Road widening and realignment project, has been settled for $60,000. The 30,809 square foot improved lot from which this land was taken fronts on the existing London Bridge Road, near the intersection with Potters Road. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS v 0 I M B L C E S L DATE December 9, 2003 D C M R C A W PAGE I I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O AGENDA E R E A O R V D V O O ITEM # SUBJECT MOTION VOTEL E S N X F E T A N D ,, I BRIEFING A RETAIL STUDY SURVEY John Melamphy, Consultant B VOLUNTEER COUNCIl. ANNUAL REPORT Mary Russo, Volunteer Coordinator C HEALTH CARE ISSUES ADVISORY GROUP Larry Deferred Spencer, to 01/04 Assistant City Attorney ,, II CITY COUNCIL DISCUSSION Councilman A CONGRESSIONAL DELEGATION VISIT- Pdchard Re REVISED AICUZ REGULATIONS Maddox B PUBLIC LIBRARY BOARD- Ruth Barco, Proposed Changes to ¢omposttton Chair ,, F/G MINUTES - APPROVED 104} Y Y Y Y Y Y Y Y A Y Y 1NFORMAIJFORMAL SESSIONS DECEMBER 2, 2003 I-F1 Deferred to GFOA AWARD - Department of Management 01/04 Sermces F1 PUBLIC I~ARING: One Speakers EXCESS PROPERTY~ North Landmg/Pnncess Anne Roads J/K/1 Resolutton concurring wnth tssuance by ID ADOPTED, 104) Y Y Y Y Y Y Y Y A Y Y Authority of Mathews County, Revenue Bond BY not to exceed $5,000,000 for UJFT Commumty CONSENT Campus 2 Resolution refemng to Planning Comm~ssmn ADOPTED, 104) Y Y Y Y Y Y Y Y A Y Y proposed amendments to § 201 of CZO, re parking BY motor vehteles on residential tots CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE December 9, 2003 PAGE 2 AGENDA ITEM # SUBJECT MOTION VOTE C E S L D C M R C A W I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O E R E A O R V D V O O L E S N X F E T A N D 3 Resolutmn to AMEND remsed Deferred 104) Y Y Y Y Y Y Y Y A Y Y recommendations ehnunat~ng V~rgm~a Indefimtely by Consent Beach residency as necessity for c~t~zen appointments I_/1 Ordinance to AMEND §§ 35-139/35-140/35- ADOPTED, BY 104) Y Y Y Y Y Y Y Y A Y Y 143 1/35-144/35-162/35-166/35-187/35-188/35- CONSENT 192/35-252/35-253/35-258/35-260 ADD §§ 35- 147/35-168/35-194 of the C~ty Code re ad tmssion/meal/Iodgmg/short-term rental/teleco mmu nicat~o n taxes 2 Ordinance to DECLARE EXCESS PROPERTY ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y at Princess Anne/North Landing CONSENT Roads/AUTHORIZE conveyance to Kellam & Eaton, Inc as PROPERTY EXCHANGE (DISTRICT 7 - PRINCESS ANNE) 3 Ordinance to ACCEPT/APPROPRIATE ADOPTED, BY 1043 Y Y Y Y Y Y Y Y A hr Y $442,943 frcm U S Depart of Justice to the Pohce CONSENT re snternal affairs 4 Ordinance to APPROPRIATE $380,000 fro'n ADOPTED, BY 104) Y Y Y Y Y Y Y Y A hr Y State to Pohce re extradition of prisoners CONSENT Ordinance to ACCEPT ~nd APPROPRIATE 5 $49,991 frern U S Department of Health/Human ADOPTED, BY 104) Y Y Y Y Y Y Y Y A Y Y CONSENT Servmes to re Medical Reserve Corps program 6 Ordinances to ACCEPT/APPROPRIATE cash ADOPTED, BY 104) Y Y Y Y Y Y Y Y A Y' Y payments m heu of park reservauon re "Park CONSENT Playground Renovatqons" Dam Neck Court Subd~vas~on - $9,915 White Acres Subdtwsmn - $29,900 Bnnkley Estates Subd~v~smn o $20,000 Thoroughgood, Section 8, Part 4 Subdr, qston - $24,000 7 Ordinance to APPROVE Cooperatuve ADOPTED, BY 104) Y Y Y Y Y Y Y Y A Y' Y Agreement between Ctty Councd/School Board re CONSENT legal services by Ctty Attorney m FY 2004 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE December 9, 2003 PAGE 3 AGENDA ITEM # SUBJECT MOTION VOTE C E S L D C M R C A W I J L A N R H N I E E O A D D E M U L W E R E A O R V D V O O L E S N X F E T A N D M/! STEPHEN WRAY O'NEAL expansion o£ APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y nonconforming use re addmg/cons~xucang a CONDITIONED detached garage at 420 Dav~s Street (DISTRICT BY CONSENT 2 - KEMPSVILLE) 2 BERKSHIRE-HUDSON CAPITAL re CZO '(DISTRICT 7 - PRINCESS ANNE) a From B-I/B-2/AG-2 to Conditional B-2 w~th APPROVED/ 10-0 Y Y Y y Y Y Y Y A Y Y Historic/Cultural Overlays ~ Princess AS Anne/North Landing Roads PROFFERED, BY CONSENT From B-.2 to AG-2 v~nth Historic/Cultural APPROVED/ 104) Y Y Y y Y Y Y Y A hr Y b Overlays at Pnncess Anne Road/Courthouse AS Drtve\ PROFFERED, BY CONSENT 3 PHIL M. BONIFANT for a CUP. re a Country APPROVED/ 104) Y Y Y Y Y Y Y Y A Y Y Inn at 2252 Indmn Paver Road (DISTRICT 7 - CONDITIONED, PRINCESS ANNE) BY CONSENT 4 K.A.H. PROPERTIES, .CUI~. re motor vehicle APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y sales/service at 3112 Virginia Beach Boulevard CONDITIONED, (DISTRICT 5 - LYNNHAVEN) BY CONSENT 5 MARVIN M/GAYLE B. ROLLINS CUP re APPROVED/ 10-0 Y Y Y Y Y Y Y Y A ¥ Y alternative residential development at 480 CONDITIONED, Princess Anne Road BY CONSENT (DISTRICT 7 - PRINCESS ANNE) ,,,, 6 KEMPSVILLE-CENTERVILLE ASSOCIATES at 2001 Centerxrllle Turnpike (DISTRICT I - CENTERVILLE) a MODIFICATION to CUP (Approved February APPROVED 8-2 Y N Y N Y Y Y Y A Y' Y 11,2003) b CZO from R-SD to Cond~tmnal B-2 APPROVED AS 8-2 Y N Y N Y Y Y Y A Y' Y PROFFERED e CUP re m~ni-warehouse APPROVED/ 8-2 Y N Y N Y Y Y Y A Y' Y CONDITIONED CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE December 9, 2003 PAGE 4 AGENDA ITEM # SUBJECT MOTION VOTE C E S L D C M R C A W I J L A N R H N I E E O A D D E M U L W E R E A O R v D V O O L E S N X F E T A N D ,, , 7 HOLLIS ROAD ASSOCIATES, CZO from R- APPROVED AS 9-1 Y Y Y N Y Y Y Y A Y Y 10 to Conditional A-12 at Herbert Moore Road and PROFFERED Campus Drive (DISTRICT 2 - KEMPSVILLE) 8 SILVER HILL-SALEM, at Lynnhaven Parkway/Salem Road (DISTRICT 1 - CENTERVILLE) a CZO from Cond~tmnai B-2 toCondtlonal O-2 DENIED 7-2 Y Y Y y N ~ Y N A Y Y b CUP re housing for seniors DENIED 7-2 Y Y Y y N Y Y N A Y Y 9 PIYNGO INVESTORS, INC at Stowe Road/South Stowe Road (DISTRICT 7 - PRINCESS ANNE) a Variance to § 4 4 Co) of Subd~vnsmn Ordinance APPROVED 7-2 Y Y Y y Y N Y N A Y Y that all lots meet CZO SUBJECT TO DEED RESTRICTIONS AND CONDITIONS, BY CONSENT b CUP re alternative residential development APPROVED 7-2 Y Y Y y Y N Y N A Y Y SI. YBJECT TO DEED RESTRICTIONS AND CONDITIONS, BY CONSENT 10 MICHAEL CARR CUP re a recrcaUonal facility DENIED 8-I A Y Y Y Y Y N Y A Y Y of indoor / outdoor nature (slmte park)/church at 5405 lndmn l~ver Road (DISTRICT 1 - CENTERVII.I .E) 11 ASIIVILLE PARK, re Flanagan's Laneat DEFERRED TO 10-0 Y Y Y Y Y Y Y Y A Y Y Pnncess Anne Road (DISTRICT 7 - PRINCESS 2/24/04, BY ANNE) CONSENT a Street closure b CZO from AG-I/AG-2 to Conditional PD-H2 (R-30 and P-I ) c Variance to § 4 4 (b) of Subdrvtslon Ordinance all lots meet CZO at Sandbndge Road CITY OF VIRGIP~?A BEACH SUMMARY OF COUNCIL ACTIONS DATE December 9, 2003 PAGE 5 AGENDA ITEM it SUBJECT MOTION VOTE M B L c E S L D C M R C A W I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O I 12 I ALCAR at N~mmo Parkway/Rockangchmr Lane DEFERRED TO . 1043 Y y Y y Y Y Y Y A Y Y 2/2_4/04, BY CONSENT a CZO from AG-I/AG-2 to Conditional R-10 b CUP for Open Space 13 CAVALIER GOLF/YACHT CLUB CUP APPROVED/ 8-1 Y Y Y N Y Y Y A A Y Y marina expansion at 1052 C~dlnal Road CONDITIONED B (DISTRICT 5 - LYNNHAVEN) S T A I N E D 14 CITY OF VIRGINIA BEACH re CBPA ADOPTED 1043 Y Y Y Y Y Y Y Y A Y Y Ordinance/conforming references to renumber WITH UNDER- STANDING sectmns to AMEND and REORDAIN STAFF WILL FURTHER RE- a Sections 5.10, 6.116.3 of Subdivision Ordmanee, VIEW/ILECOM- Appendix B MEND REVISIONS TO b Site Plan Ordinance, Appendix C CERTAIN SECTIONS c § I 6 oftheTree Planting, Preservation/Replacement Ordinance, Appendix E d Appendix F of the City Code re Resource Protectmn Area e TRANSITION RULES for amendments to Appendix F f Sec~on 2452 l/Chapter 2 of C~ty Code re Boards/Commissions and Committees ADD R. esolut~on re Joint Land Use Task Force ADDED/ 10-0 Y Y Y Y Y Y Y Y A Y Y ON ADOPTED ADD Recess to Closed Session re Personnel/Pubhcly APPROVED 1043 Y Y Y Y Y Y Y Y A Y Y ON Held Property At 9 40 p m ADD CERTIFICATION OF CLOSED SESSION CERTIFIED 1043 Y Y Y Y Y Y Y Y A Y' Y ON ~ 11:22 P.M. CITY OF VIRGINIA BEA CH SUMMARY OF COUNCIL ACTIONS DATE December 9, 2003 PAGE 6 AGENDA ITEM # SUBJECT MOTION VOTE E S MNC X E F~ E T S Ai L N ' D' D C M R C A W I J L A N R H N I E E 0 A D D E M U L W Z U N N D © E I E S O E R E A O R V D V O O , N/O/P APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BOA_RD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION ARY_~ 1043 Y Y Y y Y Y Y Y A ¥ Y BOARD Reappomzed 3-Years 1/1/04 - 12/31/06 Carl W Fisher COMMUNITY SERVICES BOARD I0-0 Y Y Y y Y Y Y Y A Y Y Reappmnted 3 Years 1/1/04- 12/31/06 Raymond H Ydrby (Family Member) Helen P. Shropsh~r¢ (Advocate) Ceceha T Tucker FRANCIS LAND HOUSE BOARD OF 10-0 Y Y Y y Y Y Y Y A Y Y GOVERNORS Appointed 3 Years 1/1/04- 12/31/06 James R Bergdoll I' HAMPTON ROADS ECONOMIC RESCHEDULED B Y C O N S E N S U S DEVELOPMENT ALLIANCE JOINT LAND USE TASK FORCE 1043 Y Y Y Y Y Y Y Y A Y Y Appointed No Term Owen B P~ckett Kenneth Stoile Admxral F~ed Metz Ronald R~pley M~chael Barrett OLD BEACH ADVISORY BOARD 1043 Y Y Y Y Y Y Y Y A Y' Y Appointed No Term Larry S Berry PLANNING COMMISSION 1043 Y Y Y Y Y Y Y Y A Y' Y Reappointed 4 Years 1/110~,- 12/31/07 Joseph E Strange Dorothy L Wood CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE December 9, 2003 PAGE 7 AGENDA ITEM # SUBJECT MOTION VOTE , , , , C E S L D C M R C A W I J L A N R H N I E E O A D D E M U L W / z IuI N/N I DI OI EI X lEI S I ol / E /RI EIAIOI RIVlD/VlOIoI ,, RESORT ADVISORY COMMISSION (RAC) 1043 Y Y Y y Y Y Y Y A Y Y Appointed 3 Years 1/1/0a- 12/31/07 Kenneth C Taylor Reappmnted 3 Years 1/I/04 - 12/31/06 Wflham D Almond John Malbon R Preston M~dgett, II Joseph D Taylor -' I SOUTHEASTERN VIRGINIA AREA-WIDE ]0-0 Y Y Y Y Y Y Y Y A Y Y MODEL PROGRAM (SEVAMP) Reappointed 2 Years I/1/04- 12/31/05 Delceno c Mxles Mary Paul Tmney TOWING ADVISORY BOARD l 0-0 Y Y Y y Y Y Y Y A Y Y Appointed 3 Years 1/I/04- 12/31/06 Henry Ryto VIRGINIA BEACH COMMUNITY 104) Y Y Y Y Y Y Y Y A Y Y DEVELOPMENT CORPORATION (VBCDC) Appointed 4 Years 1/1/04 - 12/31/07 Dr Helen Moore Reappointed 4 Years 1/1/04 - 12/31/07 Elste M Barnes Denise M Howard Q ADJOURNMENT 1 l 25 P M