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HomeMy WebLinkAboutJANUARY 6, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZ,EL, Kempsville - District 2 MARGARET L. EURE, Centerville - District i REBA S. McCl.ANAN, Rose Hall - District 3 RiCHARD A. MADDOX, Beach - District 6 JiM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUiLDING I 240i COURTHOUSE DRIVE VIRGiNIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 EMAIL:Ctycncl@vbgov.com JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, MMCA, City Clerk 6 January 2004 I. CITY MANAGER'S BRIEFING Conference Room - 3:00 P.M A. VBTV Enhancements David Sullivan, 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 1. GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) AWARD Department of Management Services 1. PUBLIC HEARING 1. Senior Citizen Tax Relief (proposed) J. CONSENT AGENDA K. RESOLUTIONS / ORDINANCES 1. Resolution committing the City to PARTICIPATE with the United States Office of Economic Adjustment in a JOINT LAND USE STUDY re zoning issues in the AICUZ 2. Resolution re a City Council Policy addressing CERTIFICATE OF PUBLIC NEED requests re medical care MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 6 January 2004 Vice Mayor Louis R. Jones called to order the CITY MANAGER's BRIEFING re VBTV ENHANCEMENTS in the City Council Conference Room, City Hall, on Tuesday, January 6, 2004, at 3:00 P.M. Mayor Oberndorfwas called to the phone*. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Absent: Rosemary Wilson [Out of the City] *Mayor Oberndorfreturned to the City Council Session at 3:13 P.M. - 2 - C IT Y MAN AGE R 'S B R I E FIN G VB TV ENHANCEMENTS 3:00 P.M. ITEM # 52054 David Sullivan, Chief Information Officer, advised City Council during their last two Retreats, suggested enhancing the communications efforts of Virginia Beach Television (VBTV) with the citizenry. Over the last two years, VB TV has been working to accomplish these goals. Mr. Sullivan introduced Kevin Fairley, Video Services CoOrdinator, to detail information relative these goals. Kevin Fairley advised VBTV was activated in 1984 and relocated to the Advanced Technology Center (A TC) January 2004. VBTV is the consolidated service provider for City and Schools. VB TV is composed of thirteen (13) staffmembers and has afifteen (15-) year Franchise Agreement (Cox Cable - 1991). VBTV encompasses Channels 46, 47 and 48.. The primary mission for these channels is to promote community awareness and understanding of municipal government and public education issues by using activities through the production and distribution of video and multi-media programming. VB TV reaches 133,850 households and encompasses 9,000 hours of program m ing. Funding Sources City Contribution (General Fund) Staff, Operations and Equipment VBCPS Contribution (A TC Budget) Facility Space and Habitation Expenses Cable Franchise Contribution Special Revenue Equipment Refreshment VB TV Channel 47 & 48 (top priority) Public Meetings School Board meetings on Channel 47 City Council meetings on Channel 48 Planning Commission meetings on Channel 48 FY 02/03 Public Meetings Project Hours 88 Meetings 625.5 Production Hours 7% of Overall Capacity 58 (30.30%) CC (60.11%) January 6,2004 - 3 - C IT Y MANA G E R 'S B R I E FIN G VB TV ENHANCEMENTS ITEM # 52054 (Continued) VB TV Channel 48 (Second Priority) Newscan (Weekly Joint City/School Program) Ahead of the Curve (VBCPS) *Beach Video Magazine (CVB) *Close-Up (CVB) Community Dialogue (CVB) *Get Involved (CVB) How in the World? (VBCPS) The School Picture (VBCPS) * = FY 04 New/Enhanced Program CHANNEL 48 FY02/03 Video Productions Project Hours JOINT (38.23%)- VBCPS (30.860/0) In August, VBTV received the last grant in the amount of approximately $190,000 from Cox, under the current Franchise Agreement. This grant was utilizedfor the relocation to the Advanced Technology Center and also for equipment purchases. The previous grant in 2000 was approximately $133,000. Channel46 is essentially for text message information re the City and Schools and is text twenty-four (24) hours a day, seven (7) days a week The Noah Weather Radio Station appears on this Channel. January 6,2004 - 4 - C I T Y MAN AGE R 'S B R I E FIN G VB TV ENHANCEMENTS ITEM # 52054 (Continued) VB TV CHANNEL 48 94.5% are satisfied with the service provided by the City's Cable TV Channels 46,47 and 48 * 2000 Citizen Satisfaction Survey Report 51 % had watched a City Council meeting in the past year * 2000 Communications Survey 99% Client Satisfaction with Projects Created *FY02/03 VB TV Customer Satisfaction Survey Mr. Fairley emphasized other video service activities: acquisition and duplication; technical consulting, design and repair,' multimedia support and integration; streaming media (eStream); equipment loans; public viewing station; administrative support; student and volunteering training and mentoring The Citizen Communication and Interrelationships (CCI) Work Group was directed to develop recommendations, methods, processes, policies, procedures and training needed to create and maintain active, two-way communication between the government and Virginia Beach citizens. Mr. Fairley detailed the CCI's methods to improve communication. Enhance VB TV programming: Conduct Viewer research Produce and air ads on Cable TV Create and produce additional programming FY 2002 CCI report (Not recommended for funding) Video Services Program proposal FY 03/04 (Not recommended) E Stream added to Vbgov. com (implemented in FY02) Beacon Schedule Grid (FY2002) City Page VB TV Program Highlight (FY2002) To support City Council's public communication overall direction from the Integrating Strategy and Operations 2002-05 document, VB TV has initiated recent program changes and enhancements: Community Dialogue (Reduction to Quarterly) Replacement of "Profiles of Economic Vitality" with "Beach Video Magazine" (Planned for a February 2004 debut) Virginia Beach Close-up (Implemented in FY 2004) Get Involved! January 6, 2004 - 5 - C I T Y MANA G E R 'S B R I E FIN G VBTV ENHANCEMENTS ITEM # 52054 (Continued) Community Dialogue: Viewer participation call-in programfeaturing topics of interest to residents. "Beach Video Magazine": A companion to the printed version highlighting the people, programs and activities that make Virginia Beach a Community for a Lifetime. Replaces "profiles of Economic Vitality. " "Close-Up": A 30-minute program featuring a one-on-one interview by the Mayor with communi(v leaders. The program focuses on the guest's career history, interest in City government and current projects underway that benefit citizens. First episodes willfeature City Council Members. Council Members McClanan, Eure and Diezel have already particiapted. "Get Involved!": A 30-minute program to highlight the many ways citizens can learn more about or participate in City government. The first shows entailed the Neighborhood Institute, the Citizen's Police Academy and the Volunteer Council. All new and existing City programs are reviewed annually to ensure they are achieving the desired outcomes and are refined as necessGlY. New Production Capabilities New cabling and infrastructure preserves quality when sharing files and video Larger studio allows multiple sets, reducing set-up and take down Digital acquisition and duplication (DVCPRO) ensures broadcast quality audio and video for all phases of production The City has Administrative Directives that guide the use of the access channels, requests for service, coverage ofpublic meetings, debates andforums. AD 2.01 addresses Educational and Government Access Channel programming. AD 2. 02 covers videotape duplication, retention and disposition. The administrative directives are in the process of being revised to include the Advanced Technology Center (A TC) new facility, new acquisition and duplication formats and to align with the Video Services Board Agreement. These administrative directives address program sponsorship. If someone in the Community wishes to sponsor a program on VB TV, rights or acknowledgments would be given in the manner of the Public Broadcasting Station i.e. This program is sponsored by "name of company" for the City of Virginia Beach. As VBTV operates as a government and access channel under the Cable Act, Mr. Sullivan advised paid commercial advertising would not be appropriate or acceptable. January 6, 2004 - 6 - C I T Y MAN AGE R 'S B R I E FIN G VB TV ENHANCEMENTS ITEM # 52054 (Continued) Mr. Fairley advised the program schedule appears on the Cox Cable Channel 75 TV guide. Cox has agreed only to do this at no cost with only two changes allowed per year. Thus, this schedule is generic. Mr. Fairley will confer with Cox but believes the digital programming guide involves payment. Mr. Sullivan advised for approximately nine (9) years, VBTV has shown Candidate Forums for local elections. The Ci(v does not sponsor these forums. In order to ensure impartiality, under the Administrative Directive, three (3) community organizations are required to sponsor the Forum. This would provide balance. The Council of Civic Organizations (CCO) has typically been one of those sponsoring the Candidate Forums. The most recent Candidate Forum involved the General Assemb(v elections. The Candidate Forum is the on(v programming that is not generated by a City or School Agency. VB TV does not charge to video tape the Forums as this is a community service. Councilman Villanueva expressed concern relative the candidate questionnaire from being overtly partisan in some cases. Mayor Oberndorf advised the Candidate Forums are also sponsored by the Chamber of Commerce and the League of Women Voters. Mr. Sullivan will coordinate with the City Attorney and City Manager relative revising the Agreement with the sponsoring organizations of the Candidate Forums and to ensure the public's right offree speech is not impinged. January 6,2004 - 7 - AGE N DA REV I E W S E S S ION 3:40 P.M. ITEM # 52055 K.l. Resolution committing the City to participate with the United States Office of Economic Adjustment in a Joint Land Use Study re zoning issues in the AICUZ Robert Matthias, Assistant to the City Manager, distributed correspondencefrom Mayor William E. Ward- Chesapeake, regarding a Resolution to pursue the Joint Land Use Study (JLUS) wiith the City of Virginia Beach and the Navy. This item will be considered under New Business on January 13, 2004. Information relative sample Disclosure Statements, Resolutions and composition of the Zypical JLUS organization were distributed. The Department of Defense's Office of Economic Adjustment (OEA) has a program available for Joint Land Use Studies (JLUS) between jurisdictions that have a large military presence and OEAfor purposes of addressing encroachment, other land uses and creating better relationships. Because of the recentOPNA V Instruction 11010.36B on theAir Installations Compatible Use Zones (AICUZ) program, City Council has created a Task Force on Land Use in Air Installations Compatible Use Zones (AICUZ) to work with the Navy on land use issues. A JLUS could be utilized as a way to identifY and subsequently address issues created through the new OPNA V instruction. The JLUS could also provide a process and plan to guide the continued positive co-existence of NAS Oceana and the City. The Office of Economic Adjustment (OEA) will pay seventy-five percent (75%) of the cost to conduct the JLUS. The City will be responsible for the remaining percentage. If City Council adopts the resolution, then an electronic application could be completed by thefirst week of February and the grant award could take place in mid- February. Depending on the scope of the work, the hiring of a consultant will take approximately forty-five (45) days after the grant award. There are approximately 92,000 residents in the 65 to 70 dcb area. There are approximate~y 50,000 residents residing in the greater than 75 deb areas. Mr. Matthias advised Mr. Mike Davis, Deputy Director, Office of the Economic Adjustment (OEA) , the recognized authority, had a medical procedure and was unable to attend today 's City Council Session to present information relative a Joint Land Use Study. Mr. Davis will not be able to come to City Council until January Twentieth. After the Resolution is adopted, the City Manager advised the next step in the process would be the development of the scope of services in the Land Use Plan. The City Council and the Joint Land Use Task Force will develop the Plan. The City Manager advised the review of the Building Code and development of the mitigation provisions to add to the zoning ordinance has been accomplished, the Comprehensive Plan has been adopted, basic data collection, mapping and field work involved in a Joint Land Use Plan are in place. Council Members Eure and Reeve expressed concern relative the time line of the study and Section 4 of the Resolution. Council Lady McClanan believes the verbiage re "will not be incompatible with the Navy's mission and flight operations at NAS Ocean a was "too strong". "That subject to the City Council's review and approval of the report and recommendations contained in the Study, the City shall implement such recommendations of the Study as are appropriate to ensure that development in Air Installations Compatible Use Zones, as identified in the Study, will not be incompatible with the Navy's mission and flight operations at NAS Oceana. " January 6,2004 - 8- AGE N DA REV I E W S E S S ION ITEM # 52055 (Continued) The City Manager believes the Joint Land Use Study would take a minimum ofsix (6) months to include the public comment process. Studies in other localities have entailed as long as three (3) years. Council Lady McClanan distributed correspondence from the City Manager of September 8, 2000, relative a Joint Land Use Study and including a Program Guidance Manual. Said information is hereby made a part of the record. Mayor Oberndorf reflected her concern that the Navy is a major economic engine in the City, employing 11,000 individuals with a $600-MILLION year~y payroll. The City Attorney advised relative Planning items (Changes of Zoning/Conditional Use Permits), State legislation does not allow a moratorium, but items can be deferredfor a reasonable period of time and for just cause i.e. the OPNAV Instruction 11010.36B on the Air Installations Compatible Use Zones (AICUZ) program. While the Joint Land Use Study is being conducted, the City Attorney believes the City Council will be able to defer pertinent applications. The City Attorney suggested, in Section 4, the verbiage be changed: "That su~iect to the City Council's review and approval of the report and recommendations contained in the Study, the City shall implement such recommendations of the Study as are appropriate,' and to enJul e that de've-tupment ilt A;I .IrlJtat'tat;u,tJ Compatfbte UJe ZOHd, a.s identJled in , 5 ~ "1: 6' .6'" , A r , .. , fi' , tHe tUl.t, yt)lt not e lIlcompatl te YVitH t{tlc! 1 va vy J miJJiOH aHa} tg,d ope, ut;onJ at l/AS Dceana. ". and an additional Section 5, be added: "That the City Council requests the cooperation of the Navy, the OEA and any local jurisdictions participating in the Study to the end that that the Study be completed as expeditiously as possible." Alternative 1 and 2 shall be distributed to City Council during the Formal Session. ITEM # 52056 K.2. Resolution re a City Council Policy addressing Certificate of Public Need requests re medical care Council Members expressed concern relative the policy addressing Certificate of Public Need requests specifically: Section 3,4 Individual 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. January 6,2004 -9- AGE N DA REV I E W S E S S ION ITEM # 52056 (Continued) Mayor Oberndorf advised Council Lady Eure had expressed concern during the City Council Session of September 9, 2003, relative Council Members being lobbied to write letters of support for medical firms. This policy was developed to respond to those concerns and established a process whereby City Council would respond to such requests as a body. The Certificate of Need was established when large public health corporations lobbied the General Assembly for passage. Mayor OberndOlf appointed Vice Mayor Jones and Council Member McClanan, to serve as liaisons to coordinate with City Staff relative appropriate verbiage re a Policy of Addressing Certificates of Public Need Requests. Council Lady Eure concurred and believes this item should be deferred. This Resolution shall be DEFERRED INDEFINITELY, BY CONSENT. ITEM # 52057 Councilman Diezel distributed an Add-on Resolution: Resolution supporting Bon Secours Certificate Of Need at Princess Anne/Plaza Trail Councilman Diezel believes it is City Council's intent to have a competitive environment for major health services. ITEM # 52058 K.3. Resolution SUPPORTING the development of a Health Campus at Princess Anne Commons and a Certificate of Need for the Ambulatory Surgery Center Council Lady Eure distributed an Alternative Version. Council Lady Eure believes there should be only one Certificate of Need issued and the City Council should designate their priority. Section 3 is the main statement: "That the Princess Anne Commons Surgerv Center is Citv Council's hifzhest vrioritv among the avvlicants for certificates of Dublic need in the Citv. " Lines 17-21 reflect the reasons the City believes Sentara to be a priority for their Certificate of Need. Louisa Strayhorn, representing Bon Secours, referenced the Certificate of Public Need process at the local level. Both the staff and the Board for our area approved both Certificates of Public Need. In Richmond, only Chesapeake was approved for the Certificate of Public Need. The General Assembly reasoned Chesapeake has a hospital which could handle the medical traffic in Virginia Beach. However, on January 12, 2004, there is a way for both Sentara and Bon Secours to be approved for Certificates of Need. Cindy Sanders, representing Sentara, concurred with Mrs. Strayhorn both Certificates of Need could be approved,' however, this is not likely. January 6,2004 - 10- AGE N DA REV I E W S E S S ION ITEM # 52059 K.4. Ordinance to APPROPRIATE $2,619,243 from the City's General Fund re various School projects and Revenue Sharing Formulafunds as requested by the School Board: a. $250,000 to equipment and vehicle replacement re distance learning for two middle schools b. $369,243 School Wellness Trust Fund re Cardi04Life c. $1,000,000 re one-time new Academy proposals d. $1,000,000 to the School Reserve Victoria Lewis, Chief Financial Officer - Virginia Beach City Schools, advised $489,000 is in the Reversion and with this additional $1-MILLION, approximately $1.5-MILLIONwould be in thefund. One-time costs entail start-up costs for a program, and as building modifications (as in the case of the Bayside Health/Science Academy). ITEM # 52060 BY CONSENSUS, the following shall compose the CONSENT AGENDA: RESOLUTIONS K.2. Resolution re a City Council Policy addressing Certificate of Public Need requests re medical care K.4. 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: a. $250,000 to equipment and vehicle replacement re distance learning for two middle schools b. $369,243 School Wellness Trust Fund re Cardi04Life c. $1,000,000 re one-time new Academy proposals d. $1,000,000 to the School Reserve January 6,2004 - II - AGE N DA REV I E W S E S S ION ITEM # 52060 (Continued) K.5. 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 provide emergency funds K.6. Ordinances re MH/MR/SA FY 2003-2004 operating budget a. APPROPRIATE $239.574 from the Commonwealth of Virginia re additional services b. TRANSFER $351,899 re new positions to stabilize their workforce Item K.2 will be DEFERRED INDEFINITELY, BY CONSENT. L.l. Ordinance re Catholic Diocese of Richmond extending the time to July 8, 2004, to complyfor discontinuance. closure and abandonment of a portion of Arctic Crescent at Arctic Circle and 14th Street. (DISTRICT 6 - BEA CH) January 6,2004 - 12 - CITY COUNCIL LIAISON REPORTS 5:25 P.M. ITEM # 52061 Mayor Oberndorfwished all a Healthy, Happy and Prosperous New Year. She expressed appreciation to the City Councilfor the beautifulflowers andfruit, as well as personal calls during her recent recovery from surgery. ITEM # 52062 Councilman Schmidt, Liaisonfor the 3rt Street project, advised the design phase has been completed and the project is entering into the construction phasefor the parking garage. This is thefirst time, simultaneous projects have been brought on line. The hotel is scheduled to be open February of next year. Clarence Warnstaff, Director of Public Utilities, will assume the lead on the construction phase to bring the project into fruition. ITEM # 52063 Councilman Villanueva referenced the fun activity for "team building" discussed during the VIRGINIA BEA CH CITY COUNCIL and SCHOOL BOARD RETREA T. Councilman Villanueva and Vice Chairman Neil Rose - School Board were tasked with the responsibility to devise an activity. The PLAN is to have Co-ed teams bowling at a local alley. This event has been scheduledfor Pin Boys on Laskin Road, Saturday, January 17, 2004, from 3:00 P.M. to 5:00 P.M. The Ci(y Manager, City Attorney and City Clerk are welcome to participate on the City Council's team. January 6,2004 - 13 - ITEM # 52064 Mayor Meyera E. Obernd01f called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, January 6,2004, at 5:28 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and James L. Wood Council Members Absent: Rosemary Wilson January 6,2004 - 14 - ITEM # 52065 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, pelformance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Board of Building Code Appeals Chesapeake Bay Preservation Area Board Community Policy and Management Team Community Services Board Francis Land House Board of Governors Hampton Roads Economic Development Alliance Minority Business Council Planning Commission Public Library Board Senior Citizens of Southeastern Virginia Tidewater Regional Group Home Commission Virginia Beach Community Development Corporation PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real propertyfor public purpose, the disposition of publicly- held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A) (3). Acquisition/Disposition of Property - Rose Hall District Kempsville District Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council voted to proceed into CLOSED SESSION. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (5:28 P.M.- 5:40 P.M.) (Dinner: 5:40 - 6:00 P.M.) January 6, 2004 - 15 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 6,2004 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 6,2004, at 6:00 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Absent: Rosemary Wilson [Out of the City] INVOCA TION: Reverend James R. Anderson Saint, Francis Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA January 6,2004 - 16 - Item V-E. CERTIFICA TION OF CLOSED SESSION ITEM # 52066 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson January 6,2004 RESOLUTION 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 # 52065, page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) 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. January 6,2004 - 17 - Item V-F.1. MINUTES ITEM # 52067 Upon motion by Council Lady Eure, seconded by Councilman Diezel, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of December 9, 2003. Voting: 9--0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson Council Members Abstaining: Ron A. Villanueva Councilman Villanueva ABSTAINED as he was not in attendance during the City Council Session of December 9,2003. Councilman Villanueva accompanied Operation Smile to the Ph illipines. January 6, 2004 - 18 - Item V-G. ADOPT A GENDA FOR FORMAL SESSION ITEM # 52068 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 6,2004 - 19- Item V-G.l. MA YOR'S ANNOUNCEMENT ITEM # 52069 Mayor Oberndorf introduced the Boy Scout in attendance to earn his Citizenship in the Community Merit Badge: BOY SCOUT TROOP 473 Brian Dvorak January 6,2004 - 20- Item V-H.I. PRESENTATION ITEM # 52070 Mayor Oberndorf PRESENTED: Government Finance Officers Association (GFOA) Award to Department of Management Services Mayor Oberndorf acknowledged the dedicated excellent service of Catheryn Whitesell, Director - Management Services. The City of Virginia Beach has received international recognitionfor its municipal budget process from the Government Finance Officers Association of the United States and Canada (GFOA). This is the Sixteenth (16Ih) year, the GFOA has honored the City with a Distinguished Budget Presentation Award and the Department of Management Services with a Certificate of Recognition for Budget Presentation. The GFOA awards program recognizes exemplary budget documentation by State and local governments. Each budget document is evaluated by three (3) independent reviewers using a comprehensive checklist for thirteen (13) "mandatory" criteria. The guidelines assess how well an entity's budget serves as a policy document, financial plan, operations guide and a communications device. Catheryn Whitesell advised this award reflects the Mayor and City Council's efforts in reviewing the Budget and their guidance provided through policy decisions and the hard work of City staff. January 6,2004 - 21 - Item V-I. 1. PUBLIC HEARING ITEM # 52071 Mayor Oberndorf DECLARED A PUBLIC HEARING: SENIOR CITIZEN TAX RELIEF (PROPOSED) There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. The following registered to speak: William Bailey, 484 Rosecroft Street, Phone: 495-0637, representing self although (not a Senior Citizen). Mr. Bailey recommended adoption of the report as Virginia Beach is a "Community for a Lifetime". Jo Howren, 3560 Dandelion Crescent, Phone: 427-5805, expressed concerns as only two (2) Task Force members attended allfive (5) Senior Citizen Tax Relief meetings. The Plan was thus created in only two (2) meetings. The report has the flaw of the absence ofmeans testingfor eligibility for freeze in Real Estate Tax for Seniors. The report does not state that it applies only to primary residences. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 6, 2004 - 22- Item V-KlL. RESOLUTIONS/ORDINANCES ITEM # 52072 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Resolutions/Ordinances 2 (DEFERRED INDEFINITELY), 4 albic/d. 5, 6a/b and Planning L.l. of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson January 6,2004 - 23- Item V-K.l. RESOLUTIONS/ORDINANCES ITEM # 52073 Attorney Edward Bourdon, Pembroke One, 5th Floor, Phone: 499-8971, represented himself, requested information relative the definition of a Land Use Study and its expected accomplishments, as well as the difference between that and the Comprehensive Plan. A MOTION was made by Councilman Reeve, seconded by Councilman Maddox, to ADOPT ALTERNATE NO. ONE, Resolution committing the City to PARTICIPATE with the United States Office of Economic Adjustment in a JOINT LAND USE STUDY re zoning issues in the AICUZ. A SUBSTITUTE MOTION was made by Council Lady McClanan, seconded by Mayor Oberndorfto ADOPT ALTERNATE NO. TWO, Resolution committing the City to PARTICIPATE with the United States Office of Economic Adjustment in a JOINT LAND USE STUD Y re zoning issues in the AICUZ. Voting: 4-6 (MOTION LOST TO A NEGA TIVE VOTE) Council Members Voting Aye: Harry E. Diezel, Reba S. McClanan, Mayor Meyera E. Oberndorf and Peter W. Schmidt Council Members Voting Nay: Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Ron A. Villanueva and James L. Wood Council Members Absent: Rosemary Wilson January 6,2004 - 24- Item V-K.l. RESOLUTIONS/ORDINANCES ITEM # 52073 (Continued) Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED: ALTERNATIVE ONE Resolution committing the City to P ARTICIP A TE with the United States Office of Economic Adjustment in a JOINT LAND USE STUDY re zoning issues in the AICUZ. Voting: 8-2 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Reba S. McClanan and Peter W. Schmidt Council Members Absent: Rosemary Wilson January 6,2004 ALTERNATIVE 1 1 2 3 4 A RESOLUTION COMMITTING THE CITY TO PARTICPATE IN A JOINT LAND USE STUDY WITH THE OFFICE OF ECONOMIC ADJUSTMENT OF THE DEPARTMENT OF DEFENSE 5 WHEREAS, the City recognizes its local responsibility to 6 protect the public health, safety and welfare of its citizens; and 7 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; 20 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; 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 29 appropriate; and 30 5. That the City Council requests the cooperation of the 31 Navy, the OEA and any local jurisdictions participating in the Study 32 to the end that the Study be completed as expeditiously as possible. 33 Adopted by the Council of the City of Virginia Beach on 34 the 6th day of January , 2004. 35 36 CA-9087 37 wmm\ordres\JLUSres1.doc 38 January 6, 2004 39 R-1 - 25 - Item V-K.2. RESOLUTIONS/ORDINANCES ITEM # 52074 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED INDEFINITELY: Resolution re a City Council Policy addressing Certificate of Public Need requests re medical care Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson January 6,2004 - 26- Item V-K.3. RESOLUTIONS/ORDINANCES ITEM # 52075 William K. Butler, Chairman of the Board, Sentara Healthcare, 230 82m! Street, Phone: 428-1150, introduced John F. Malbon - Vice Chairman, David Bernd - Chief Executive Officer, Howard Kern - President - Sentara Health Care, and Donald Jellig - President, Sentara Enterprises. Sentara is recognized having one of the leading hospital systems in the United States, second last year and in the top five for the last five years. David Bernd - Chief Executive Officer, advised he did not believe the Commissioner of Health would consider the overall plan of this particular Certificate of Need, but look at it as an isolated approval process. Howard Kern, President - Sentara Heath Care, advised the State Certificate of Need process for surgery centers occurs every six (6) months. Cert(ficates of Need are routinely granted for various projects throughout the year, although they tend to batch them in competitive processes depending on the type of projects. Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED: Resolution SUPPORTING the development of a Health Campus at Princess Anne Commons and a Certificate of Need for the Ambulatory Surgery Center Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson January 6,2004 1 2 3 RESOLUTION SUPPORTING THE DEVELOPMENT OF A HEALTH CAMPUS AT PRINCESS ANNE COMMONS 4 WHEREAS, the Virginia Department of Health has scheduled a 5 fact-finding session on the potential issuance of a certificate of 6 public need (COPN) for the Princess Anne Commons Surgery Center in 7 Virginia Beach; and 8 WHEREAS, the Eastern Virginia Health Systems has recommended 9 favorably on the COPN for the Surgery Center; and 10 WHEREAS, the development of the Princess Anne Commons Surgery 11 Center is compatible and called for in the adopted Princess Anne 12 Corridor Study (July 2000) and the recently adopted update to the 13 City's Comprehensive Plan (December 2003); and 14 WHEREAS, the development of the Princess Anne Health Campus is 15 critical to the City's vision for the area which includes athletic, 16 entertainment, educational and comprehensive health care services; 17 and 18 WHEREAS, the southern portion of the City of Virginia Beach is 19 currently under-served by needed health care facilities; 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH: 22 1 . That the development of the Health Care Campus in the 23 Princess Anne Commons Area is critically needed and is 24 consistent with the City's vision and plans for this area 25 of the community; 26 2 . That the City Council strongly supports the issuance of 27 a Certificate of Public Need for the Ambulatory Surgery 28 Center which is an integral element of the larger Health 29 Campus; 30 3 . That this resolution shall take effect immediately upon 31 its adoption. 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia, on the 6th day of January 34 2004. 35 CA9088 36 ordin/noncode/Princess Anne Commons.Res 37 December 29, 2003 38 R-1 39 40 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 41 42 ~~~ City Manager's Office ~~ City Attorney s Offlce - 27- Item V-K.3.a. RESOLUTIONS/ORDINANCES ITEM # 52076 ADD-ON Upon motion by Councilman Diezel, seconded by Council Lady McClanan, City Council ADDED TO THE AGENDA: Resolution supporting Bon Secours Certificate Of Need at Princess Anne/Plaza Trail Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson January 6, 2004 - 28- Item V-K.3.a. RESOLUTIONS/ORDINANCES ITEM # 52077 ADD-ON Louisa Strayhorn, 408 Behl Court, Phone: 366-5343, Member, Board of Directors - Bon Secours, advised both Sentara and Bon Secours requested approval of heart surgery centers. At one level, these Certificates of Public Need were denied, but approved at the finalleve!. The Chief Executive Officer of Chesapeake Hospital testified the health care within Virginia Beach could be handled by them for that particular area and additional health care was not necessary. Mrs. Strayhorn advised transportation during rush hours would make it difficult to get to Chesapeake Hospital. There is a "growth decline" in the City of Norfolk. This factor is not taken into account, when the entire region is considered. Upon motion by Councilman Diezel, seconded by Councilman Maddox, City Council ADOPTED: Resolution supporting Bon Secours' Certificate Of Need at Princess Anne/Plaza Trail Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson January 6,2004 1 RESOLUTION SUPPORTING THE DEVELOPMENT OF A 2 HEALTH CAMPUS AT THE CORNER OF PRINCESS ANNE 3 ROAD AND SOUTH PLAZA TRAIL 4 WHEREAS, the Virginia Department of Health has scheduled a 5 fact-finding session on the potential issuance of a certificate of 6 public need (COPN) for the Princess Anne Road Ambulatory Surgery 7 Center at Princess Anne Road and South Plaza Trail in Virginia 8 Beach; and 9 WHEREAS, the Eastern Virginia Health Systems board and staff 10 has recommended favorably on the COPN for the Ambulatory Surgery 11 Center; and 12 WHEREAS, the development of the Princess Anne Road Ambulatory 13 Surgery Center is crucial to the provision of healthcare choice for 14 citizens of Virginia Beach and the City's vision of comprehensive 15 healthcare services; and 16 WHEREAS, the southern portion of the City of Virginia Beach is 17 currently under-served by needed health care facilities; 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH: 20 1 . That the development of the Health Care Campus at the 21 corner of Princess Anne Road and South Plaza Trail is 22 cri tically needed and is consistent wi th the Ci ty' s 23 vision and plans for this area of the community; 24 2 . That the City Council strongly supports the issuance of 25 a Certificate of Public Need for the Ambulatory Surgery 26 Center at the corner of Princess Anne Road and South 27 Plaza Trail, which is an integral element for the 28 provision of healthcare choice; 29 3. That this resolution shall take effect immediately upon 30 its adoption. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the 6th , 2004. day of January CA9091 ordin/noncode/HealthCampus.Res January 6, 2004 R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~ Office ~~ City Attorney' Offlce 2 - 29- Item V-K.4.a/b/c/d RESOLUTIONS/ORDINANCES ITEM # 52078 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: 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: a. $250,000 to equipment and vehicle replacement re distance learning for two middle schools b. $369,243 School Wellness Trust Fund re Cardi04Life c. $1,000,000 re one-time new Academy proposals d. $1,000,000 to the School Reserve Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson January 6,2004 1 2 3 4 5 6 7 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 8 Ci ty 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 15 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 30 (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 6th day of January, 2004. CA-9085 Ordin/Noncode/OverBudgetord.doc R-1 December 22, 2003 Approved as to Content Approved as to Legal Sufficiency . l~ ~- . I .' "J ON\.Q ~L b ~__ Management Services ' ~n(~lcvr. 2 - 30- Item V-K.5. RESOLUTIONS/ORDINANCES ITEM # 52079 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to APPROPRIATE and TRANSFER $1,077,385from 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 provide emergency funds Voting: 10-0 (By Consent) Council Member....' Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson January 6, 2004 1 2 3 4 5 6 7 8 9 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 PROVIDE EMERGENCY FUNDS 10 WHEREAS, there are sufficient funds wi thin the fund 11 balance of the Tourism Advertising Program Special Revenue Fund to 12 provide $1,077,385 to expand the tourism advertising program, fund 13 capital improvements at the Visitor Information Center, and provide 14 access to funds for advertising purposes in case of emergencies. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 1. That $1,077,385 is hereby appropriated from the fund 18 balance in the Tourism Advertising Program Special Revenue Fund to 19 the FY 2003-04 Operating Budget of the Virginia Beach Convention 20 and Visi tors Bureau for the purpose of expanding the Ci ty' s tourism 21 advertising efforts, funding capital improvements at the Visitor 22 Information Center and providing immediate access to funds for 23 advertising purposes in cases of emergencies. 24 2 . That estimated revenue in FY 2002-2003 Operating 25 Budget is hereby increased by $1,077,385. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the 6th day of January , 2004. 28 Requires an affirmative vote by a majority of the members 29 of City Council. CA-9080 Ordin/noncode/TAP ORD.wpd R-2 December 18, 2003 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~Q. ~~~ IlL City Attorney's Offi~~ 2 - 31 - Item V-K.6.a/b. RESOLUTIONS/ORDINANCES ITEM # 52080 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinances re MH/MR/SA FY 2003-2004 operating budget a. APPROPRIATE $239,574 from the Commonwealth of Virginia re additional services b. TRANSFER $351,899 re new positions to stabilize their workforce Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan. Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva January 6,2004 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $239,574 IN STATE FUNDS TO THE FY 2003-04 3 DEPARTMENT OF MENTAL HEALTH, MENTAL 4 RETARDATION AND SUBSTANCE ABUSE'S OPERATING 5 BUDGET TO PROVIDE ADDITIONAL SERVICES 6 7 8 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 6th day of January , 2004. 23 24 Requires an affirmative vote by a majority of the members 25 of Ci ty Council. CA-9084 Ordin/NoncodejMHMRSARevenuesord.doc R-l - December 19, 2003 Ab)~~: Management Services Approved As To Legal Sufficiency: ~S:~~- . City AttorneY~OffiC~ 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 wi thin 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 6th day of January , 2004. Requires an affirmative vote by a majority of the members of City Council. CA9082 Ordin/Noncode/Kentucky Avenueord.doc R-l - December 22, 2003 Approved As to Content: ~~d s~ Approved As To Legal Sufficiency: ~~n[~f' - 32- Item V-L. PLANNING ITEM # 52081 1. CATHOLIC DIOCESE OF RICHMOND STREET CLOSURE Extension of Time to July 8,2004 (Extension of Time to 1/8/04, Approved July 1, 2003) (Condition No.3 revised - 4/8/03) January 6,2004 - 33 - Item V-L.I. PLANNING ITEM # 52082 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ALLOWED EXTENSION OF TIME FOR COMPLIANCE until the City Councl Session of July 8,2004, re Ordinance upon application of CA THOLIC DIOCESE OF RICHMOND for discontinuance, closure and abandonment of A rctic Crescent: Ordinance upon application of Catholic Diocese of Richmond for the discontinuance, closure and abandonment of a portion of Arctic Crescent beginning at the western boundary of 14th Street and running westerly to the western boundary of Lot J. Said parcel contain 5,373 squarefeet. DISTRICT 6 - BEACH. The following conditions shall be required: 1. 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 right-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 City Council. Copies of the policy are available in the Planning Department. 2. 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 approvedfor recordation prior to final street closure approval. 3. 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. On April 8, 2003, the City Council granted a request to reduce the area of closure. Condition #3 was revised to reflect the reduced area as follows: 3. The applicant is required to construct a cul-de-sac at the new terminus of Arctic Crescent, Arctic Circle and 14/h 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. January 6,2004 Item V-L.I. PLANNING Voting: - 34 - ITEM # 52082 (Continued) 4. The applicant is required to verify that no private utilities 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 exist, easements satisfactory to the utility company must be provided. 5. The applicant shall apply for and obtain a Conditional Use Permit for a church for this area prior to recordation of the street closure plat. 6. A 20-foot drainage easement is required along the northern portion of 14th Street and Arctic Crescent for the existing storm drainage pipe system. 7. A 20-foot Public Utility easement shall be dedicated for each utility located within the proposed street closures. The existing utilities are a 6-inch water main and 24-inch gravity sanitary sewer. 8. Closure of the right-o.fway shall be contingent upon compliance of the above stated conditions on or before July 8. 2004. If the conditions noted above are not accomplished and the final plat is not approved to close the right-ofway on or before July 8, 2004, this approval shall be considered null and void. 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson January 6,2004 ORDINANCE NO. AN ORDINANCE FURTHER EXTENDING THE DATE FOR SATISFYING CONDITIONS IN THE MATTER OF THE CLOSING, VACATING AND DISCONTINUING OF A PORTION OF ARCTIC CRESCENT AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF ARCTIC CRESCENT TO BE CLOSED & V ACA TED BY CITY COUNCIL OF VIRGINIA BEACH" WHEREAS, on July 9, 2002, the Council of the City of Virginia Beach acted upon the applications of the Catholic Diocese of Richmond for the closure of portion of Arctic Crescent; WHEREAS, on July 9,2002 the Council adopted an Ordinance to close the aforesaid street, subject to certain conditions 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. Said request was granted by the Council as ORD-2740Q, however the deadline for conditions as established in the original ordinance adopted July 9, 2002 remained the same. WHEREAS, on July 1, 2003, the applicants requested an extension of time to satisfy the conditions attached to the aforesaid street closures. WHEREAS, on January 6, 2004, the applicants requested a further extension of time to satisfy 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 27 28 29 30 31 32 33 34 35 9, 2002, upon application of the Catholic Diocese or Richmond~ is extended to July 8, 2004. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~L day of January ,2004. CA-9047 ORD IN\NONCODE\StarOfSea.exten.ord Date: 12/15/03 R1 APPROVED AS TO CONTENT: ~ \'Z--Il-D 3 Planning DcP~--;' Item V-M.l. - 35 - ITEM # 52083 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD - CSB FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MINORITY BUSINESS COUNCIL PLANNING COMMISSION January 6, 2004 - 36- Item V-N.l. ITEM # 52084 BY CONSENSUS, City Clerk to Record: ABSTRACT OF CIVIL CASES RESOL VED - November 2003 January 6,2004 - 37- Item V-D. ADJOURNMENT ITEM # 52085 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:26 P.M. a?~__~,_~~(~___ Beverly O. Hooks, CMC Chief Deputy City Clerk o~ ~OdgeS Smith, MMCA City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 6,2004 - 37- Item V-O. ADJOURNMENT ITEM N 52085 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:26 P.M. (<0.44-6 ,0 , 76,4.2 48007 c)70‘0 Beverly O. Hooks, CMC Louis R. Jones Chief Deputy City Clerk Vice Mayor Rt�bge t dges Smith, MMCA Meyer�qOberndorf City Clerk Mayor City of Virginia Beach Virginia January 6. 2004