The URL can be used to link to this page

Home My WebLink AboutSEPTEMBER 7, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" 9 CITY COUNCIL / �� s c lrAralmll DIG tO! o? RIGA Raped(4 I Dr IHII MAYOINOI I)N /ONF) •Duua1A (Id RR)'I 011911 A in. D 12 I(08101'M O1NIA['Nap.714 DIALSl /ICICI l Mat'/WAND. A II. hall Oulncr i IU(1)AI1 1 WAND. Ben)M1 net? ( II 1 uAelaS.P A4IDTAaoa-of r.�n i CITY HALL EEIDRIVE RONG MA IY SCHM/DI'.Alhuge 2401 L'O VIRGINIA 2 SE DRIP ROLLA RY;VIDOYA,AI-Large VIRGINIA BRACH, VOGINIA13417-4303 11W9i11 14 O!).LN AI-1.an• PROWL (7 426-4669 IAMF_c 1. WOOD.l.vnaha�reo�OLmaxS FAX(757) 426-5669 CITY COUNCIL AGENDA E-MAIL Cyrnc166vbgov ram 1OY MANI( R-4WD K.9POI[i CITY A IIORNEV• LESLIE L LILLEY [IIY CLERK-RUTH HODGES SMITHMMC 7 September 2004 i. CITY MANAGER'S BRIEFINGS Conference Room 1:00 PM 1. NAVAL AVIATOR'S MONUMENT Proposal David Sullivan, Chief Information Officer 2. COMMUNITY LEGISLATIVE AGENDA Draft Robert Matthias, Assistant to the City Manager IL COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 3:00 PM A. CALL TO ORDER—Mayor Meyera F. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION S4osiA•13Eg0y L.:2t MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 7, 2004 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re NAVAL AVIATOR'S MONUMENT proposed for 25th Street Plaza in the Council Conference Room, City Hall, on Tuesday, September 7, 2004. at 1:00 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Jim Reeve [Entered: 1:10 P.M.] Ron A. Villanueva [Entered: 3:28 P.M. Closed Session Birth of Son- Colton Luke Carragan Villanueva/ 7- CITY MANAGER 'S BRIEFING NAVAL AVIATOR'S MONUMENT Proposal 1:00 P.M. ITEM#52947 David Sullivan, Chief Infa'mation Officer,referenced the presentation by the Association of Naval Aviation re the proposed Monument to Naval Aviation at 25* Street and Atlantic Avenue. Information and materials are hereby made a part of the record. Mr. Sullivan has served as the City's Liaison for this project, since the retirement of C. Oral Lambert, Jr. Mr. Sullivan introduced Retired Admiral Fred Metz. Admiral Metz introduced the speakers in attendance: Lieutenant Dennis Free Virginia Beach Police Department Admiral Hal Bernsen Sons of Norway Gerald Cox Architect Cox,Kliewer& Company, P.C. Admiral Met advised the background and process for this proposed Monument. BACKGROUND 1997: Lieutenant Dennis Free (Virginia Beach Police Department (VBPD) contacted the Association of Naval Aviation (ANA) re the idea of a Naval Aviation Monument in Virginia Beach •Fundraising began •ANA Committee formed •October 2003-sufficient funds were raised to begin the project •Naval Aviation Museum contacted to help understand history and process (Capt. Bob Rasmussen) PROCESS THEME: Naval Aviation in the Defense of the Country and City APPROACH:Realistic storytelling using life-like statues and story boards containing historical information SITE: Visibility-Oceanfront location All street ends considered...25th Street selected DESIGN: Keep views intact Respect the Norwegian Lady Open plaza for daily public use September 7, 2004 CITY MANAGER 'S BRIEFING NAVAL AVIATOR'S MONUMENT Proposal ITEM#52947(Continued) TEAM: Local influence Statues: Michael Maiden Studios(Sandy, Oregon) Architects: Cox,Kliewer& Company,P.C. Contractor: Sykes Construction Engineers: MSA,P.0 (Robert Miller) Proposed statues and site plan of the Monument to Naval Aviation were displayed. The Association of Naval Aviation appliedfor and was granted Tax Exemption status under IRS Code. No government Junds have been involved in the And raising effort. The story, both local and national, will be told on pylons. Oceana was purchased in December 1941 for$35,000. Benches will be on the sides of the Monument. The statues will be 8 feet tall with 3-foot tall pedestals: Aviator Eugene Ely - 1910,first Aviator to take off from a Carrier in Hampton Roads. Airplanes of the era will be engraved on granite on the base of the statue. The carrier will be etched in back of the statue. Two (2) Aviators coming out of the ship's hatch (World War II era). Airplanes of that era will be depicted on the story boards (3 feet high) as well as other historical events. Modern Aviators Consist of a female Pilot, and two males (Chief and Pilot)entitled: `Mission Complete." Admiral Bernsen advised the Sons of Norway wished to make sure the Norwegian Lady remains a focal point. Admiral Bernsen advised attempts are being made to attract additional Board Members and revitalize the Norwegian Lady Foundation. The Plan is funded within the Association of Naval Aviation (ANA) budget. The ANA has not volunteered to actually place new stone around the Norwegian Lady. Thus, Moss is being encouraged to provide the granite. A Memorandum of Understanding(MOU) will be formalized. Cooperation has been excellent; however, there are a few, particularly in the Norwegian community, who would prefer the grass plaza remain. Local,state and national leaders have been fully informed of the project and have been most helpful in their advice and coordination. Executive Board Members include: Mayor Meyera Oberndorf Congressman Owen Pickett Senator Ken Stolle Sheriff Paul Lanteigne Oral Lambert The City Manager advised this item will be scheduled for the Formal agenda during the City Council Session of September 28, 2004. September 7, 2004 - 4- CITY MANAGER 'S BRIEFING COMMUNITY LEGISLATIVE AGENDA Draft 1:38 P.M. ITEM#52948 Robert Matthias, Assistant to the City Manager, advised relative the Community Legislative Agenda, meetings were conducted with the members of the Council of Civic Organizations and other members of the Community: August 4 and 18, 2004. Council Members Wilson and Villanueva, Liaisons - Legislative Coordination, as well as two Delegation members or their Aides were in attendance. The first meeting was very well attended with representatives of the CCO, Virginia Beach Visions, Central Business District, Chamber of Commerce, as well as other groups. 2005 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH TABLE OF CONTENTS Preface City of Virginia Beach Non-Funding Items 1. Constitutional Amendment to Protect Transportation Funds 2. Differentiation of Night Clubs versus Restaurants for ABC Licensing 3. FOIA Exemption on Releasing Code Enforcement Complaints 4. Immunity to Health Care Providers Delivering Services at No Cost 5. Joint Land Use Study(ILUS)Recommendations 6. Motor Vehicle Dealers in Firefighting, Ambulance and Funeral Vehicles Licensing Requirements 7. Penalty on Delinquent Remittance of Admission, Meal and Lodging Taxes 8. Post Labor Day Opening for Schools 9. Public Safety -911 Tax 10. Public Safety- Enhanced 9-1-1 for Multi-line Telephone Systems Il. Public Safety-Modifications to Wireless 911 Funding Formula 12. Red Light Photo-Enforcement Systems 13. Retirement Coverage for Emergency Medical Technicians 14. Rights of Renters of Mobile Home Lots 15. "Sexual Orientation"in any Proposed "Hate Crimes"Legislation, Support for Inclusion 16 Study of the Feasibility and Practicality of Authorizing School Boards to have Taxing Power 17. Tax Relief:Mr Senior Citizens 18. Virginia Retirement System Benefits for City Council Members City of Virginia Beach Funding Items 1. Army Corps of Engineers 216 Study of Kerr Reservoir 2. Community Services Board(CSB) 3. Convention and Visitors Bureau Rock-n-Roll HalfMarathon 4. Education 5. Fire Programs Fund 6. Hydrilla Eradication and Management on Lake Gaston 7. Personal Property Tax Relief Program *8. Transportation Items—Identified Local and Regional Projects September 7, 2004 - 5- CITY MANAGER 'S BRIEFING COMMUNITY LEGISLATIVE AGENDA Draft ITEM#52948(Continued) City of Virginia Beach Funding Items(Continued) 9. Virginia Aquarium and Marine Science Center Exhibits Renovation 10. Virginia Aquarium &Marine Science Center Sea Scholars Program 11. Virginia Beach Convention Center *Transportation Items—Identified Local and Regional Projects 1-264 Interchange Improvements a. Witchduck Road- $ 80-MILLION b. Independence Boulevard $113-MILLION c. Rosemont Road $ 83-MILLION d. Lynnhaven Parkway Interchange $105-MILLION (Including new interchange with Great Neck Road) L64 Westbound flyover to 1-264 Eastbound to Virginia Beach $ 46-MILLION Southeastern Parkway and Greenbelt (To be determined by EIS) Route 460 to Petersburg (To be determined by EIS) Third Crossing $ 3.5-BILLION (Possible public/private partnership toll project) 1-64 Improvements in Chesapeake $770-MILLION L64 Improvements on the Peninsula * $770-MILLION (1-64 Improvements to New Kent County Line) List of Urban Street Projects Princess Anne/Kempsville Road Intersection $ 49-MILLION Witchduck Road Phase I $ 18-MILLION (1264 -Princess Anne Road) Witchduck Road Phase II $ 14-MILLION (1264— Virginia Beach Blvd) Elbow Road Phase II $ 40-MILLION (Indian River Road—Dam Neck Road) Indian River Phase VII $ 40-MILLION (Lynnhaven Pkwy—Elbow Road) Nimmo Pkwy V $ 46-MILLION (General Booth Blvd—Princess Anne Rd) Holland Road VI $ 32-MILLION (Dam Neck Road—Nimmo Pkwy) Princess Anne Road Phase IV $ 35-MILLION (Dam Neck Road—Nimmo Pkwy) Rosemont Road $ 50-MILLION Lesner Bridge $ 60-MILLION September 7, 2004 - 6- CITY MANAGER 'S BRIEFING COMMUNITY LEGISLATIVE AGENDA Draft ITEM#52948(Continued) Urban streets are in 2010 dollars. (Regional project costs taken from 2026 plan and reduced to 2010 dollars. Community Non-Funding Items 1. Affhrdable Housing 2. Environment 3. Police 4 Public Safety Police Department Public Safety Addendum The 2005 legislative changes as recommended by the City of Virginia Beach Police Department These issues are statewide in their importance and are provided for informational purposes only for City Council. Mr. Matthias quoted the preface: "The Virginia Beach City Council offers our sincere thanks to the members of our Delegation who supported the increased fundingfor needed services that were appropriated in the 2004 General Assembly Session. The increases in sales and other taxes, along with some very progressive tax relief provided hundreds of millions of dollars needed to support state services. Between the initiative of the Governor and General Assembly,the Virginia Beach School Board received$30-Million in new state funding. In addition, the Virginia Beach City Council provided an additional$20-Million in new City funding. The new state revenue also allowed for an aggressive correction in the fiinding backlog for mental health programs and to remove the statefron its questionable position of 50th among the nation in support for environmental programs on a per capita basis. In spite of this influx of spending, the Commonwealth has not fully funded the Standards of Qualityfor K-12, is behind all 50 states in supportfor cultural activities and needs substantial new fundingOr mental health/mental retardation/substance abuse issues. The Virginia Public Health Department, which provides programs for all Virginians, is also short on state support. The Virginia Beach City Council believes that Comprehensive Tax Reform remains an important issue to address even though advances were made in the 2004 Session. The tax structure must sustain core government responsibilities and reflect changes in the economy. This Tax Reform should also increase investments in core government services and provide a greater investment to public safety and transportation." Council Lady Wilson requested the item "Affordable" Housing be changed to "Workforce"Housing. Council Members Wilson and Wood met with Dr. Newby Owens who advised Public Health is vitally underfunded. Virginia Beach does not have the same equity as surrounding cities.Mr.Matthias advised this item will be added to the Community Legislative Agenda; however, the City has had little success relative this funding.Delegate Wardrup was able to secure a supplement for Public Health funding of approximately $200,000for one Biennium. The City of Norfolk receives$19.00 per capita and Virginia Beach receives only $1.16 per capita in Public Health funding. Community Legislative Agenda Public Hearing September 28,2004 City Council Formal Agenda October 12, 2004 Additional items for the Legislative Agenda will be distributed to City Council on Friday, September 10, 2004:FOIA exemption refund raising by cities and fire programs fund. September 7, 2004 - 7- CITY COUNCIL COMMENTS AND CITY COUNCIL LIAISON REPORTS 2:30 P.M. ITEM#52949 Mayor Oberndorf congratulated Councilman Villanueva and his wife on the birth of their son Colton Luke Carragan Villanueva Tuesday AM-September 7, 2004 6 pounds 7 ounces Chesapeake General Hospital During Councilman Villanueva's tenure on City Council, he welcomed the birth of his daughter. Elise, on Friday, February 28, 2003, weighing 7 pounds 2 ounces. ITEM#52950 Mayor Oberndorf expressed appreciation to Peter C Lawrence and his wife,ofElite Racing,for their efforts re the success of the of the Rock "N"Roll Half Marathon held Labor Day weekend. (September 4-6). A record 16,000 entrants joined the elite fields on an overcast but blustery day along the Atlantic shoreline. Next year, the promoters are anticipating an increased participation to 18,000. A man and woman from Miyazaki,Japan,placed in the Marathon. In the Woman's competition,Romania's Nuta Olaru,aparticipant in the Olympics, placed first. Councilman Schmidt advised his brother-in-law from Fort Worth,participated. His brother-in-law had been a participant in many Marathons, including New York City, and advised this Virginia Beach Marathon is equal in all aspects to all other races and he will participate again next year. Mayor Oberndorf advised$1.2-MILLION was raised to fight Leukemia. ITEM#52951 Council Members Wilson and Wood,Liaisons to the City/School Consolidation Committee, referenced the lengthy report(which took eighteen months to compile), distributed by Chief of Staff Susan Walston.After review by City Council members, these items will be discussed at a future Session. Council Members Wilson and Wood expressed appreciation to the dedicated City and School staffs. ITEM#52952 Council Members McClanan and Diezel are having the City Attorney's office compile information relative City Council Salaries. When this information is received, Council Members McClanan and Diezel will present proposals to City Council. ITEM#52953 Mayor Oberndorf referenced the City Attorney's Memorandum concerning the proposed "open mike" session_ This "open mike"session will be placed on the Agenda September 14th for action and will commence in October. September 7, 2004 - 8- AGENDA REVIEW SESSION 2:44 P.M. ITEM#52954 K.1. Resolution to REFER to the Planning Commission proposed amendments to §901 of the City Zoning Ordinance (CZO) re Conditional Use Permits for multi family dwellings in the entire B-4 Resort Commercial District. Mayor Oberndorf referenced many citizen concerns relative this item equating same to downzoning of their property. Councilman Reeve requested this item be discussed during the Formal Session. ITEM#52955 BY CONSENSUS, the following shall compose the CONSENT AGENDA: RESOLUTION/ORDINANCES K.2. Ordinance to ACCEPT and APPROPRIATE$78,151 from the Federal Emergency Management Agency(FEMA)and$48,197 from the Commonwealth of Virginia Emergency Management to the Fire Department's FY2004-05Operating Budget re multi- jurisdictional Hazard Mitigation Plan with the Cities of Norfolk. Portsmouth, Suffolk and the County of Isle of Wight. K.3. Ordinance to TRANSFER $18,000 from the FY2005 Council Donations account to the Virginia Beach School Education Foundation as authorized by the Virginia Code. September 7, 2004 - 9- ITEM#52956 Mayor 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 MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion,performance,demotion,salaries,disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A) (1). Appointments: To Wit Appointments: Boards and Commissions: Agricultural Advisory Committee Bicycle and Trails Advisory Committee Community Medical Advisory Committee Historical Review Board Old Beach Master Plan Advisory Committee Parks and Recreation Commission Public Library Board Social Services Board Towing Advisory Board Evaluation of City Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly-held property, plans for the future of an institution which could affect the value ofproperty owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property: Beach District Princess Anne District PUBLIC CONTRACT:Discussion or consideration by a responsiblepublic entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excluded from this chapter pursuant to Section 2.2-3705(A)(56) AND Discussion of the award of a public contract involving the expenditure ofpublic funds;and, discussion ofthe terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Neptune Statue Theatre PPEA Contract Town Center Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION(2:47 P.M.). September 7, 2004 - 10- ITEM#52956(Continued) Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf,Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva [Entered: Closed Session 3:28 P.M] (Closed Session:2:47 P.M. -5:30 P.M.) (Dinner: 5:30 P.M. -5:55 P.M.) - II - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 7, 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, September 7, 2004, at 6:00 P.M. Council Members Present: Harry E. Diezel,Robert Al Dyer, Vice Mayor Louis R Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent None INVOCATION: Reverend Timothy Utton Pastor, Hope Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Reverend Utton prayed for Councilman Villanueva's son born today, September 7, 2004, and the recovery of William Laws, Volunteer President of the Emergency Medical System (EMS) Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm ofGoodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and ofwhich she does not have personal knowledge.In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict.If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter ofJanuary 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year,Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Councilfor the purpose of identifying any matters in which she might have an actual or potential conflict If during her review she identifies any matters,she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes the disclosure. Council Lady Wilson's letter ofJanuary 27, 2004, is hereby made a part of the record. „��NIA�BEgr,S% ¢'. 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#52956, page 9, 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 Meetingrequirementsby Virginia law were discussed in Closed Session to which this certificationresolution 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. r th Hodges s ith,MMC City Clerk September 7, 2004 - 13- Item VI-E.l. MINUTES ITEM#52958 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of August 24, 2004. Voting: 11-0 Council Members Voting Aye.' Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None - 16- Item VI-112. MAYOR'S PRESENTATIONS ITEM#52961 PROCLAMATION IN RECOGNITION Mayor Oberndorf PROCLAIMED: September 7,2004 Virginia Legends Walk Day Mayor Oberndorf PRESENTED the PROCLAMATION to: Ron Kuhlman Economic Development Bobby Melatti BeachEvents Seine Brickell Brickell& Partners Public Relations Lee Edmondson City of Virginia Beach Virginia Legends Walk,since 1999,has honored the achievements of great Virginians,past and present,far their contributions to the nation and the world. Nominations for Virginia Beach Legends Walk have been received from 38 states and 14 foreign countries on five continents. More than 705 independent judges throughout the Commonwealth annually vote on the Inductees.Hundreds ofthousands of guests to the Resort annually enjoy the free educational tour. All Summer, tribute performances to Ella Fitzgerald, Patsy Cline and The Wreck of the Dictator are free for the enjoyment of guests at the Resort. All work on Virginia Legends Walk is provided pro',ono by Bobby Melatti, Sean Brickell and Lee Edmondson. Mayor Oberndorf advised Bobby Melatti participated in the Rock "N" Roll Half Marathon raising substantial fiends for the Russian lady, who was so brutally attacked. September 7. 2004 00A8E4, BE4C F �? ouR.0,00 lrortatmattirnt Whereas: Virginia Legends Walk since 1999, has honored-the achievements of great Virginians,past and present,for their contributions to the nation and the works;and Whereas: Nominations for'Virginia Legends Walk,have been receivedfsom 38 states and 14 foreign countries onfive continents;and Whereas: 'More than 750 independentjudges throughout the Commonwealth annually vote on the Inductees;and Whereas: Special free commemorative care of the Inductees are distributed to elementary schoolstudents during the year they study Virginia history;and Whereas: 7Cundreds of thousands of guests to the resort annually enjoy the free educationaitour, and Whereas: Aft summer, tribute performances to rELra Bitzgeraid Batsy Cline and The Wreckof the Dictator are free for the enjoyment of guests of the resort;and- Whereat ndWhereas: Atiworkon'Virginia Legends Walkis providedpro bona by Bobby EMelatti of BeachEvents,Sean BrickellofBrickefc7 Banners Bub&dations,andLee Edmondson of the City of'Virginia Beach: Now Therefore,I,Meyera E. Oberndorf,Mayor of the City of Virginia Beach, Virginia,do hereby proclaim September 7, 2004 Virginia Legends WalkDay In'Virginia Beach, and encourage ail Citizens to acquaint themselves with the Virginia Legends Wa6 and to refect on the greatness offellow'Virginians. - In Witness Whereof,I have hereunto set my hand-and caused the OfficialSealofthe City of'Virginia Beach, Virginia, to 6e affixed-this Third-day of September,Two ThousandTour. hurt) 4. 6..w...Actieddii Meyera E. Oberndorf r 'Mayor zz _ 17_ Item VI-I. PUBLIC HEARING ITEM#52962 Mayor Oberndorf DECLARED A PUBLIC HEARING: LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING(LLEBG) There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. September 7, 2004 - 18- Item VI-K. RESOLUTIONS/ORDINANCES ITEM#52963 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Ordinances 2 and 3 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M.Dyer, Vice Mayor Louis R.Jones, Reba S.McClanan, Richard A.Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 7, 2004 - 19- Item RESOLUTIONS/ORDINANCES ITEM#52964 Attorney Glen Croshaw,Phone'628-5626,represented several owners ofsignificant parcels designated B-4, who are opposed to the adoption of the Resolution and Referral ofproposed amendments to the Planning Commission as this was an extremely short time to receive public comment A motion was made by Councilman Reeve, .seconded by Councilman Maddox to DENY a Resolution to REFER to the Planning Commission proposed amendments to§907 of the City Zoning Ordinance(CZO) re Conditional Use Permits for multi family dwellings in the entire 13-4 Resort Commercial District. A SUBSTITUTE MOTION was made by Council Lady Wilson, seconded by Councilman Schmidt, to AMEND the Resolution to REFER to the Planning Commission(October 13,2004) proposed amendments to§901 of the City Zoning Ordinance(CZO) re Conditional Use Permits for multi family dwellings in the entire B-4 Resort Commercial District. Voting: 5-6(SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Robert M Dyer, Reba S. McClanan, Mayor Meyera E. Oberndorf Peter W. Schmidt and Rosemary Wilson Council Members Voting Nay: Harry E. Diezel, Vice Mayor Louis R.Jones. Richard A.Maddox,Jim Reeve, Ron A. Villanueva and James L. Wood Council Members Absent: None September 7, 2004 -20- Item RESOLUTIONS/ORDINANCES ITEM#52964(Continued) Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council DENIED Resolution to REFER to the Planning Commission proposed amendments to § 901 of the City Zoning Ordinance (CZO) re Conditional Use Permits for multi family dwellings in the entireB-4 Resort Commercial District Voting: 8-3 (MAIN MOTION) Council Members Voting Aye: Robert M.Dyer,Harry E.Diezel, Vice Mayor Louis R.Jones, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan, Mayor Meyera K Oberndorf and Peter W, Schmidt Council Members Absent. None September 7, 2004 - 21 - Item V-K.2. RESOLUTIONS/ORDINANCES ITEM#52965 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $78,151 from the Federal Emergency Management Agency(FEMA)and$48,197 from the Commonwealth of Virginia Emergency Management to the Fire Department's FY 2004-05 Operating Budget re multi jurisdictional Hazard Mitigation Plan with the Cities ofNorfollc Portsmouth,Suffolk and the County of Isle of Wight. Voting: 11-0 Council Members Voting Aye: Harry E. Diesel, Robert M Dyer, Vice Mayor Louis R.Jones, Reba S.McClanan, Richard A.Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 7, 2004 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $78, 151 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY AND $48, 197 FROM THE 4 VIRGINIA DEPARTMENT OF EMERGENCY 5 MANAGEMENT TO THE FIRE DEPARTMENT' S FY 6 2004-05 OPERATING BUDGET TO CREATE A 7 REGIONAL HAZARD MITIGATION PLAN 8 WHEREAS, $78, 151 from the Federal Emergency Management 9 Agency ("FEMA") and $48, 197 from the Commonwealth of Virginia is 10 available to create a hazard mitigation plan for the region. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 1 . That $78, 151 is hereby accepted from FEMA and $48, 197 14 accepted from the Commonwealth of Virginia, and $126, 348 is 15 hereby appropriated to the Fire Department' s FY 2004-05 16 Operating Budget for costs associated with the creation of a 17 multi-jurisdictional hazard mitigation plan. 18 2 . That estimated revenue from the federal government is 19 hereby increased by $78, 151 in the FY 2004-2005 Operating 20 Budget, and estimated revenue from the state is hereby increased 21 by $48, 197 . 22 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia on the 7th day of Sept. , 2004 . 25 Approved as to Content : Approved as to Legal Sufficiency: 13,1\otazty /11 ��.n XI/- Management Services City Attorney' s Office CA9339 R2 H: \PA\GG\ORDRES\HAZARD MITIGATION AUGUST 17, 2004 - 22- Item V-K.3. RESOLUTIONS/ORDINANCES ITEM#52966 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to TRANSFER $18,000 from the FY 2005 Council Donations account to the Virginia Reach School Education Foundation as authorized by the Virginia Code. (This represents the annual salary of Councilman Maddox which he chooses to donate to charity each year.) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R.Jones, Reba S McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 7, 2004 1 2 3 4 AN ORDINANCE DONATING $18, 000 TO THE 5 VIRGINIA BEACH PUBLIC SCHOOLS EDUCATION 6 FOUNDATION 7 8 WHEREAS, the City has previously established the salary of 9 the Beach District Councilmember at zero dollars ($0) per annum; 10 WHEREAS, an amount equal to a Councilmember' s salary 11 ($18, 000) has been transferred to the Council Donations account; 12 and 13 WHEREAS, the City Council desires to donate these funds to 14 the Virginia Beach Public Schools Education Foundation, a tax 15 exempt non-profit organization. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 That $18, 000 in the FY 2004-05 Council Donations account is 19 hereby donated to the Virginia Beach Public Schools Education 20 Foundation, as authorized by Virginia Code §15 . 2-953 . 21 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia on the 7th day of Rnpr , 2004 . Approved as to Content: Approved as to Legal Sufficiency: Management Services City Att rncd CA9356 H: \PA\GG\ORDRES\VBSchoolsEducation Foundation ORD. doc R2 August 27, 2004 Item V-L.1. APPOINTMENTS ITEM#52967 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: SOCIAL SERVICES BOARD September 7, 2004 - 24 - Item VI-.L.2. APPOINTMENTS ITEM p 52968 Upon NOMINATION by Vice Mayor Jones, City Council: APPOINTED: Michael Cullipher 4-Year Term 10/1/04-9/30/08 AGRICULTURAL ADVISORY COMMISSION APPOINTED: 1 Year Term 9/1/04-8/31/05 Judith Allison 2 Year Term 9/1/04-8/31/06 Dr.Edward E.Brrckell Lisbeu Renee Ward 3 Year Term 9/1/04-8/31/07 Patrick C. Devine, Jr. Patricia Ann Warner 4 Year Term 9/1/04-8/31/08 Dr. W. Andrew Dickinson,Jr. -Chair Harry R. Purkey 5 Year Term 9/1/04-8/31/09 Richard Kline Dr. Mitchell B.Miller COMMUNITY MEDICAL ADVISORY COMMISSION APPOINTED: No Terms William D.Almond Janice P.Anderson Michael J. Barrett Larry S. Barry Andrew C. Edwards John L. Gibson,II R. Preston Midgett,II Mary Anne L. Nixon Rosa Lee Norman Thomas Pritchard Ronald C.Ripley Kenneth F. Taylor Barbara Yates OLD BEACH DISTRICT MASTER PLAN ADVISORY COMMITTEE September 7, 2004 -25- Item VI-.L.2. APPOINTMENTS ITEM#52968(Continued) APPOINTED: Betty L. Warren Unexpired Term Thru 08/31/07 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones. Reba S McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf. Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 7, 2004 -26- Item V-P. ADJOURNMENT ITEM#52969 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:40 P.M. O. y/r001N Beverly O. Hooks, CMC Chief Deputy City Clerk of 'uth Hodges Smith, MMC Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia September 7, 2004 - 26- Dem V-P. ADJOURNMENT ITEM#52969 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:40 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk �4 - la Ruth Hodges Smith, MMC Meyera City Clerk Mayor City of Virginia Beach Virginia September 7, 2004