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Home My WebLink AboutOCTOBER 5, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, 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 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - .JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY on CLERK - RUTH HODGES SMITH, MMC 5 October 2004 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00PM A. PERFORMING ARTS THEATRE Marcy Sims, Director, Department of Libraries B. LOCAL ROAD PROJECTS and FUNDING Dean Block, Director, Department of Public Works II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room- 3:30PM A. CALL TO ORDER—Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Conference Room - 6:00PM A. CALL TO ORDER—Mayor Meyera E. Oberndorf B. INVOCATION: Dr. Dwight Christenburg First Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS September 28,2004 G. MAYOR'S PRESENTATION 1. GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) AWARD Patricia A. Phillips, Director, Department of Finance H. AGENDA FOR FORMAL SESSION I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND § 2-224.9 of the City Code to increase the membership of the MINORITY BUSINESS COUNCIL from seven(7)to nine(9)members. (Requested by Councilman Villanueva) 2. Ordinances to ACCEPT and APPROPRIATE grants from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) and the U.S. Department of Transportation, with federal revenue increased accordingly to the Police Department's FY 2004-05 operating budget: a. $405,686 re the purchase of technology-related equipment and software b. $15,000 with the City's match of 53,750 from the Police Department's overtime budget to increase awareness of driving under the influence (DUI) c. $12,000 with the City's match of$3,000 transferred within the Police Department's FY 2004-05 operating budget to promote seatbelt usage among teenagers 3. Ordinance to AUTHORIZE and DIRECT the City Manager to execute a Deed of Release and Exchange for an Agricultural Lands Preservation (ARP) easement re the release of a reserved site in exchange of another portion of the property not presently under an ARP designation for John W. and Mary E. Freeman,Jr. on Fitztown Road (DISTRICT 7—PRINCESS ANNE) K. APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE(COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENTS Non Agenda Items ********************************** ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 Agendaigw www vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 5, 2004 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re PERFORMING ARTS THEATRE in the Council Conference Room, City Hall, on Tuesday, October 5,2004, at 1:00 P.M. Council Members Present: Harry E. Diezel, 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: Robert M. Dyer [Attending Virginia Municipal League Conference in Alexandria, Virginia, as the City Council's Voting Delegate] -4- C IT Y MANA G E R 'S B R IE FIN G PERFORMING ARTS THEATRE ITEM # 53058 (Continued) Who will use the Theatre? Performing Arts Theatre Capital Budget & Business Plan, April 2002: Estimated annual usage: 507 events, 350 days combined usage on main stage, rehearsal hall and lobby Estimated number of performances: 182 (certain days will have multiple performances) Total estimated annual attendance: 163,800 Virginia Beach Symphony, Virginia Musical Theatre, Virginia Beach City Public Schools, Governor's School for the Arts, Virginia Beach Chorale, Virginia Beach Ballet, Touring Companies, Virginia Ballet Theatre, Virginia Symphony, Virginia Beach Forum, Virginia Arts Festival and Second Wind Dance Company. The Virginia Beach Performing Arts Theatre Advisory Committee objective and purpose is to discuss and recommend policies and procedures related to the management of the Theatre. All the area facilities were inventoried and the immediate need for both small and large theatres were met in the Region. However, without the Pavilion Theatre, there was no Performing Arts Theatre in Virginia Beach between 750 and 20,000 seats and no theatre in Hampton Roads between 900 and 1500 seats. The Consultant team recommended this 1200-seat theatre to fill a significant gap in the inventory of Virginia Beach and the Region, The consultants also recommended a 2500 to 3500-seat commercial venue would be ideally located at the Oceanfront, which would be a partnership between between an entertainment venue i,e. Clear Channel, and a smaller venue a 400 to 500-seat theatre serving the needs of the smaller emerging arts groups in the City. Why Town Center? Centrally located Land acquisition and schedule Accessible to Region Lower cost - noise abatement (additional cost of $100 a square foot at 1flh Street Corridor) Proximity to restaurant and retail Enhances City investment Ample free parking Delivers civic/cultural component to mixed use concept October 5, 2004 - 5 - CITY MANA GER 'S BRIEFING PERFORMING ARTS THEATRE ITEM # 53058 (Continued) Burrell Saunders, Principal - CMSS Architects, advised the Project Team: Clancy & Theys Construction Company Construction Manger CMSS Architects Architect - Site Design, Academy and Theatre Shell Philip Johnson and Alan Ritchie Architect - Theatre Interior Auerbach-Pollock-Friedlander Theatre Consultant Kirkegaard Associates Acoustic Consultant Texas Scenic Theatre Equipment Mr. Saunders displayed concepts of the new Theatre reflecting enhanced public spaces, performance spaces and identity. Outdoor Performance Plaza accommodates four hundred (400) More intimate audience configuration Improved sight lines Significantly improved room acoustics Adjustable acoustic system for wide range of performance types Enlarged stage Improved and expanded sound and lighting systems Improved pit configuration The facility consists of four (4) stories of lobby atrium overlooking the Plaza through a transparent glass wall. The site is located in the middle of Block 6, Town Center, right off of Independence Boulevard. There will be a Grand Chandelier hanging down the length of the atrium plaza, a stately area for the gathering of civic events. The theatre will reflect pewtered rails and regal woods. The Theatre has continental seating like the Chrysler with two (2) aisles. October 5, 2004 - 6- CITY MANA GER 'S BRIEFING PERFORMING ARTS THEATRE ITEM # 53058 (Continued) John Herzke, City Engineer, advised the project meets the scope established by City Council, is within budget and on schedule. The City Council directed the Staff to proceed with the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) process. Timberline: Contract negotiations and preparation August - September 2004 Brief City Council October 5, 2004 City Council Vote re contract for design and construction of Performing Arts Theatre October 12, 2004 Issue Notice to Proceed November 1,2004 (OR SOONER) Pavilion Theatre demolition May 2005 New Theatre opens August 2007 Mr, Herzke advised a $40.3-MILLION construction contract has been negotiated with Clancy & Theys Construction Company. this amount includes design, construction, furniture, fixtures and equipment. CONTRACT NEGOTIATIONS CIP BUDGET Clancy & Theys Negotiations - October 2004 Design $ 7.0-MILLION N/A Site Acquisition I.O-MILLION .4-MILLION (net after sale of land) Theatre Construction 30.5-MILLION 40.3-MILLION Parking Construction 4.5-MILLION 3.9-MILLION Furniture, Fixtures and Equipment 3.0-MILLION N/A Contingencies 4.0-MILLION 2.1-MILLION TOTAL $ 50,O-MILLION $ 46. 7-MILLION October 5, 2004 - 7- CITY MANA GER 'S BRIEFING PERFORMING ARTS THEATRE ITEM # 53058 (Continued) Theatre Cost Com parables City Facility Year Capacity Cost/sf Years Cost/sf/wi Operated open inflation Houston, Texas Moores 1997 800 $230* 10 $251* Opera House University of Ford Center 2002 1200 $260 5 $301 Mississippi Skokie, Illinois North Shore 1997 848 $203** 10 $326 Center Tallahassee, Florida State 2004 1200 $315*** 3 $344*** Florida University Theatre Virginia Performing 2007 1200 $347 0 $347 Beach. Arts Theatre Charlotte, Blumenthal 1992 2100 $255 15 $397 North Carolina Performing Arts Center Escondido, California 1994 1550 $295 13 $433 California Center for the Arts College Park, Smith 2001 1200 $400 6 $477 Maryland Performing Arts Center *The project did not include a central plant for utilities, $2130 was an adjusted 2004 amount **$203 was in adjusted 1991 amount * * *the project did not include a central plant for utilities Mr, Herzke advised when Clancy & Theys Construction Company notified the City of the cost increases, correspondence was forwarded to City Council, The two City Council Liaisons, Council Members Schmidt and Wood, have met with staff and the Committee on a monthly basis and have been advised of all information, including costs.. Councilman Wood advised he had requested the staffprovide the theatre cost comparables, Councilman Schmidt advised the Liaisons were briefed last month relative the cost increases and they requested City staff provide this information during a City Council Session. Mrs. Sims advised the rehearsal hall can also function as a 150-seat "black box" theatre. A group that requires 250 seats could utilize the Contemporary Arts Center or the Central Library's auditorium. Because of the design and configuration of this new theater, encompassing balconies and 400 seats at the ground level, any group attracting an audience of 500 to 800 would not feel overwhelmed. October 5, 2004 -8- C IT Y MANA G E R 'S B R IE FIN G PERFORMING ARTS THEATRE ITEM # 53058 (Continued) The City Manager advised there are six (6) elements involved in the cost of a theatre: land, streetsscapes, parking, plaza, design, FFE (furniture, fixtures and equipment). In addition to the theatre, the City is capturing land costs, the parking structure (already built on Block 12), the streetscapes and a magnificent outdoor plaza and civic space, All Block 6 is under the Master Development Agreement with Armada Hoffler. Steven Thompson, Chief Financial Officer, advised the City factored in the sale of the parcels to offset the cost of the theatre, The Total Cost - $46.7-MILLION does include selling off the parcels for private development. The Net Cost ($400,000) is depicted under Site Acquisition (net after sale of land) shown on the Contract Negotiations chart, However, this cost will be a little more, approximately $150, 000, as the City must pay the costs, which Armada Hoffler has incurred during their option on this property. The funding of $35-MILLION is committed from the Major Projects fund (comprised primarily of meal, hotel and cigarette taxes). From this fund, three (3) major projects have been developed (Convention Center, Open Space program, and the Performing Arts Theatre). City Council had requested the balance be raised through a Capital Campaign, which staff is anticipating to be $11. 7-MILLION (involving naming opportunities, community campaign and facility fee), Clancy & Theys Construction Company, through the competitive bid process(PPEA), submitted their costs, The proposal was reviewed with the Performing Arts Theatre Advisory Committee. The papers have been received from the SEC re the Performing Arts Foundation being authorized. Mr. Thompson distributed Notes To Pro-forma Operating Budget 2002, Said information is hereby made a part of the record. Page 4 indicates multiple sources offunding, namely afixed endowment of $2-MILLION (with a 5% pay-out), an incremental admission tax contributing $120,000, annual fund raising of$200,00 (contributing $160,000 after costs), and a balance of$408, 000 required of the City. This $408,000 is approximately the present budget of the existing theatre. The goal was to keep this cost at the same amount. Pages 10-12 state the Budget of the Theatre. The consultants have estimated approximately 80% of the performances are community groups with 20% being professional entertainment. A facility fee could be utilized to pay the operating expenses, if enough funds are not available through the other fund raising activities, Dorothy Wood, Chair - Performing Arts Theatre Advisory Committee, distributed a listing of the membership and an editorial from The Virginian Pilot by King Neptune: "Why I'm now afan of the new Virginia Beach Theatre". Mrs. Wood introduced the members of the committee in attendance: Nancy Creech, Brain Kirwin and Carolyn Lincoln, Mrs. Wood urged approval of the comprehensive agreement for design and construction and full funding of the Performing Arts Theatre, This is not a project for the tourists, but first and foremost for the citizens of Virginia Beach. Mrs. Wood advised $20,000 has been received from a Corporate citizen and $100 was donated by an II-year old, Annika Bryan Jenkins. Council Lady Wilson advised an individual has contacted her who wishes to donate $15,000. Councilman Villanueva inquired relative the extension of the Tax Increment Financing (TIF) and the tax usage. Councilman Villanueva also expressed concern re the Operating Costs based on the April 2002 Consultant's Report. The City Manager advised it is within the prevue of City Council to restructure the TIF. Councilman Maddox advised if there were only going to be two (2) theatres in the City, if one is more of a night club venue at the Resort, and the 1200-seat Performing Arts Theatre at Town Center, he preferred a larger facility at Town Center to accommodate the professional Broadway type entertainment. Mrs, Sims advised the 1200-seat facility would receive the level of Broadway as "Music Man" and "Cats", which does not involve the extensive scenery and cost such as "Phantom of the Opera". October 5, 2004 -9- C IT Y MANA G E R 'S B R IE FIN G PERFORMING ARTS THEATRE ITEM # 53058 (Continued) Council Members McClanan and Maddox had concerns relative the "bridge" financing. Mayor Oberndorf did not consider a theatre in Virginia Beach as an amenity for a Business District, but a Performing Arts Theatre is an amenity for all of the citizens to attend a performance, watch their children perform and be involved in a cultural life. Many citizens cannot afford to visit other cities to partake in these activities. Information relative restructuring the TIF to cover some of the costs shall be provided. Concerns relative "bridge" financing will be addressed. City Council RECESSED 3:30 P.M. to 3:40 P.M. October 5, 2004 - 10- C IT Y MANA G E R 'S B R IE FIN G LOCAL ROAD PROJECTS AND FUNDING 3:40 P.M. ITEM # 53059 E. Dean Block, Director of Public Works, reported to City Council relative the current Local Road Program and Potential Congestion Relief/Safety Enhancements. There were changes to the Virginia Department of Transportation (VDOT) revenue and cost after the City Council ADOPTED the FY 2004-2005 Capital Improvement Program on May 11, 2004. City Council established a priority for local roads during their August 2004 Retreat. The Staff has met with Council Liaisons Vice Mayor Jones, Councilman Diezel and Councilman Dyer. State Urban Construction Program Seventeen (17) Projects in VDOT Six- Year Plan Eleven (11) VDOT Administered Projects Six (6) projects Administered by City (First Cities Program) In December 2003 and again in March 2004, VDOT advised the Six- Year Program would be approximately $111,977,000, but the State Budget had not been approved. VDOT had utilized the Governor's Budget to prepare their estimates of revenue available for transportation. Unfortunately, when the legislature and the General Assembly had finis hed their activities, that portion of the Governor's Budget re additional funding for transportation had been deleted. VDOT had to again revisit this Six- Year Program, Thus, there was a $28.5-MILLION difference. The Six Year Program FY 2004 totaled $83,452,000. Other factors impacting schedules entailed cost increases in VDOT administered projects and work/process delays i,e. longer time to design or acquire right-of way. VDOT ADMINISTERED PROJECTS Project Impact of Cuts / Year Birdneck Road Phase II 1 City Line Road None * Great Neck Phase IV/London Bridge Phase III None * * Hol/and Road Phase VI 1 Laskin Road Phase I 3 Lynnhaven Parkway Phase IX None Lynnhaven Parkway Phase XI 4 Lynnhaven Parkway/Volvo Parkway None*** Nimmo Parkway Phase V-A 5 Princess Anne Road Phase IV 2 Wesleyan Drive None * *Currently Inactive ** Under Construction * * *Construction Ad in October October 5, 2004 - 11 - C IT Y MANA G E R 'S B R IE FIN G LOCAL ROAD PROJECTS AND FUNDING ITEM # 53059 (Continued) CITY ADMINISTERED PROJECTS Project Impact of Cuts / Year Laskin Road Phase II 1 Princess Anne/Kempsville Road Intersection 2 Witchduck Road Phase I * Elbow Road Phase I * Indian River Road Phase VII * Witchduck Road Phase II * *Currently Fundedfor Design and Partial right-ofway acquisition only The staff's goal was to keep as many priority projects on track for construction. City fundss would be shifted to priority State projects. City Projects moved to requested but notfunded or establish "partial". IMPACT TO CURRENT CIP Project $ Shifted Holland Road Phase VII $ 2.66 Salem Road Phase II 11,20 Indian River Road Phase VII 5.06 Providence Road (Partial) 0.30 Princess Anne Road Phase VII 5.30 Concert Dive Extended 2.91 Constitution Drive Extended 1.65 West Neck Parkway Extended (Partial) 1,00 Jeanne Street (Partial) 0.20 BASED ON-REALLOCATION OF CITY FUNDS Project Reduced Delay Nmmo Parkway Phase VA 5 years to 2 years Laskin Road Phase I 3 years to No Delay Laskin Road Phase II 1 year to No Delay Princess Anne Road Phase IV 2 years to 1 year Lynnhaven Parkway Phase XI 4 years to 3 years Princess Anne Road/Kempsville Road Intersection 2 years to 1 year October 5, 2004 - 12- C IT Y MANA G E R 'S B R IE FIN G LOCAL ROAD PROJECTS AND FUNDING ITEM # 53059 (Continued) Added Funds to Fully Fund Design, Site Acquisition and Private Utility Adjustments within FY 2004/05 - 2009/10 period: Elbow Road Phase II Indian River Road Phase VII Witchduck Road Phase I Witchduck Road Phase II Congestion/Safety Projects Response to City Council Retreat/Guidance form Liaisons Review Transportation needs for small/medium projects: 2 years: Nine (9) projects, Estimated Cost: $12.6-MILLION 3 years: Nine (9) projects, Estimated Cost: $13.0-MILLION 5 years: Nine (9) projects, Estimated Cost: $18.3-MILLION Assumed additional $6-MILLION/year for planning purpose Mr, Block displayed maps reflecting the 2, 3 and 5-year projects. Said information is hereby made a part of the record. FY 2005-06 CAPITAL IMPROVEMENT PROGRAM PROCESS FY 2005-06 - 2010-2011 State Revenues may not be known by March (FY Budget and CIP will be presented to City Council in March 2005) Federal Transportation Bill "stuck" in Congress. Develop the proposed FY 2005-06 Transportation Capital Improvement Program to include the additional congestion relief and safety projects Next Step City Council action to reconcile State appropriations for City administered projects Develop the proposed FY 2005-06 Transportation Capital Improvement Program based on guidance from City Council on Congestion Relief and Safety Projects Council Lady McClanan expressed concern relative Holland Road between Rosemont down toward Baxter Road. Mr. Block advised the segment of Holland Road which runs between the split at South Independence Boulevard and Rosemont Road is currently within the Capital Improvement Program as Holland Phase VII and is partially funded. The proposal is this project would have to be deferred in order to construct Holland Road VI and Birdneck Road. Improvements are planned for Rosemont Road. The segment between Hol/and Road and Virginia Beach Boulevard needs to be widened into 6-lanes. October 5, 2004 -13 - CITY MANA GER 'S BRIEFING LOCAL ROAD PROJECTS AND FUNDING ITEM # 53059 (Continued) Councilman Reeve requested relative the Transition area, these roads be funded as developments come on line. A revenue stream was dedicated above and beyond the City's costs to expedite some of these road projects. In the coming year, if excess funds are available, City Council needs to make roads a first priority. Councilman Reeve requested information be provided relative comparing pay-as-you-go funding versus dedicating bonded debt for roadways, Forecasts for construction of homes shall be provided relative the Transition Area and infrastructure necessary. Councilman Villanueva requested information relative the location of each of the projects and inquired relative the use of tolls. Mr. Block advised the local roads are basically surface roads and do not lend themselves to a toll process, The toll issues are more germain to the region. The staff shall schedule a Briefingfor City Council relative the toll issue. Mr. Block referenced the fundingfor a VDOT project consists of 80% federal, 18% state and 2% local. It has been widely published that unless there are more State dollars for these programs, it is potentially likely that between FY 2009-2010, the State will not have enoughfunding to match the Federal funds. Mr. Block will provide information relative the formula base funding of primary, secondary and urban system road projects. Typically, the majority of the roads in counties are primary or secondary systems. The City Manager advised the Hampton Roads Planning District Commission (HRPDC) is conducting a major study relative the feasibility of tolls and the percentage of improvements which can be paid for through this method, State, Federal and perhaps other funding result from increases in gas tax to build roads. The Vice Mayor requested information relative the projects outlined (2,3 and 5-year) obtaining the funding necessary from the real estate tax i.e. in increments of 1 if, 2if. (not increasing the tax). Mayor Oberndorf referenced the November 1987 Referendum concerning infrastructure. The backlog of roads was addressed with a combination of "pay-as-you go " and "bonded debt", The backlog then was to relieve existing problems and not create new development October 5, 2004 - 14- AGE N DA REV I E W S E S S ION 4:40 P.M. ITEM # 53060 J.1 Ordinance to AMEND S 2-224.9 of the City Code to increase the membership of the Minority Business Council from seven (7) to nine (9) members. (Requested by Councilman Villanueva) Councilman Villanueva requested this Ordinance be REVISED to increase the membership of the Minority Business Council from not less than nine (9) to no more than eleven [l1J members. ITEM # 53061 Vice Mayor Jones referenced ADD-ON's to the City Council Agenda: PUBLIC HEARING FY 2006 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM This PUBLIC HEARING was advertised by the Management Services Department, However, inadvertently, it was not published on the Formal Agenda. ITEM # 53062 Vice Mayor Jones referenced the City Attorney advised on May 11, 2004, the City Council ADOPTED an Ordinance pertaining to the membership of the Public Library Board, which shall consist of not less than seven (7) nor more than eleven (11) members. There are currently thirteen (13) members on the Library Board. Ordinance to AMEND S 17-3 of the City Code to increase the membership of the LIBRARY BOARD from not less than seven (7) to no more than thirteen (13) members. This item shall be ADDED as Item J.4. under the CONSENT AGENDA. ITEM # 53063 BY CONSENSUS, thefollowing shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTIONS J.1 Ordinance to AMEND S 2-224.9 of the City Code to increase the members hip of the Minority Business Council from oS e ~ell (7) to nine (9) me,llbe,'J not less than nine (9) to no more than eleven {l1l members. (Requested by Councilman Villanueva) October 5, 2004 - 15 - AGENDA RE VIE W SESSION ITEM # 53063 (Continued) J.2, Ordinances to ACCEPT and APPROPRIATE grants from the Us. Department of Justice, Office of Community Oriented Policing Services (COPS) and the Us. Department of Transportation, with federal revenue increased accordingly to the Police Department's FY 2004-05 operating budget: a. $405,686 re the purchase of technology-related equipment and software b, $15,000 with the City's match of $3,750 from the Police Department's overtime budget to increase awareness of driving under the influence (DUI) c. $12,000 with the City's match of $3,000 transferred within the Police Department's FY 2004-05 operating budget to promote seatbelt usage among teenagers J.3. Ordinance to AUTHORIZE and DIRECT the City Manager to execute a Deed of Release and Exchange for an Agricultural Lands Preservation (ARP) easement re the release of a reserved site in exchange of another portion of the property not presently under an ARP designation for John W. and Mary E. Freeman, Jr. on Fitztown Road (DISTRICT 7 PRINCESS ANNE) Item J.l. shall be AMENDED, BY CONSENT. Council Lady McClanan will vote NAY on J.3. (ARP - John W. and Mary E. Freeman) October 5, 2004 - 16- CITY COUNCIL COMMENTS AND CITY COUNCIL LIAISON REPORTS 4:50P.M. ITEM # 53064 Mayor Oberndorf advised Council Lady Wilson will represent the City Council at the Hampton Roads Chamber of Commerce, 8th AnnualInter-Regional Visit (October 14-16,2004) in Nashville, Tennessee. ITEM # 53065 Councilman Villanueva referenced correspondence of Congressman Schrock, dated October 4, 2004, re: Resolution requesting the City's Congressional Delegation supportfederal fundingfor the Cooperative Purchase of Development Rights to properties affected by the Navy's OPNAV Instruction 1l010.36B. (ADOPTED by City Council on September 14, 2004). Congressman Schrock advised a copy of this Resolution had not been forwarded to him. Upon research, it was verified that a copy of this Resolution was certified by the City Clerk and forwarded to the Congressional Delegation, as well as the (candidates), on the day following adoption, Councilman Villanueva requested the City Manager respond to the questions posed in Congressman Schrock's letter. Mayor Oberndorf and Council Lady McClanan requested information be provided relative previous funding. Councilman Reeve advised he was not surprised by Congressman Schrock's response relative reconsideration of this Resolution until completion of the Joint Land Use Study. Council Members Reeve and Maddox advised a Public Information Meeting has been scheduled by the Joint Land Use Policy Group for October 21,2004, at 6:30 P.M. A location has not been decided. The Group is narrowing areas of concern which the Navy wishes to protect and they will develop a process by which the landowners in that area can be compensated for the loss of value on their property. Council Lady McClanan concurred with the Resolution. Councilman Schmidt advised the Resolution was appropriate, Mayor Oberndorf advised Oceana Naval Air Station is the most encroached upon Military base in the entire United States. Oceana has contributed heavily to the economy of the City, The deficit is growing at the Federal level and funds are not available (as witnessed) with cuts in transportation funds. Mayor Oberndorfreferenced a State Committee has been established to work with the localities to preserve their military bases. ITEM # 53066 Council Members Wilson and Wood, Liaisons - City/Schools Services Consolidation Committee, distributed a report of their last meeting - September 14, 2004. Said report is hereby made a part of the record. October 5, 2004 - 17- ITEM # 53067 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: Historical Review Board Minority Business Council Public Library Board Social Services Board Towing Advisory Board Virginia Beach Peiforming Arts Theatre Advisory Committee 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 of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3), Acquisition/Disposition of Property: Bayside District Beach District PUBLIC CONTRACT: Discussion or consideration by a responsible public 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 of public funds; and, discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy of the public body. Town Center - Phase III Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION (5:07 P.M.). October 5, 2004 - 18- ITEM # 53067 (Continued) Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, 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: Robert M. Dyer (Closed Session: 5:07 P.M. - 5:47 P.M.) (Dinner: 5:47 P.M. - 5:59 P.M.) October 5, 2004 - 19- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 5, 2004 6:00 P.M. Mayor Meyera E, Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 5, 2004" at 6:00 P.M Council Members Present: Harry E. Diezel, 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: Robert M. Dyer [Attending Virginia Municipal League Conference in Alexandria, Virginia] INVOCATION: Dr, Dwight Christenbury First Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman 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 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 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 of January 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 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 ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. October 5, 2004 - 20- Item V-E.l. CERTIFICATION OF CLOSED SESSION ITEM # 53068 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. 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, 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, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, RonA, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer October 5, 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 # 53067, page 17, 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. ---- October 5, 2004 - 21 - Item V-F.I. MINUTES ITEM # 53069 Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of September 28, 2004 Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, 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: Robert M. Dyer October 5, 2004 - 22- Item V-G.J. ADOPT AGENDA FOR FORMAL SESSION ITEM # 53070 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADD-ON PUBLIC HEARING FY 2006 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM Ordinance to AMEND 9 17-3 of the City Code to increase the membership of the LIBRARY BOARD from not less than seven (7) to no more than thirteen (I3) members. October 5, 2004 - 23- Item V-G. 2. PUBLIC HEARING ITEM # 53071 Mayor Oberndorf DECLARED A PUBLIC HEARING: FY 2006 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM The following registered to speak: Brian Kirwin, 304 Cripple Creek Court, Phone: 463-0399, supports four (4) fire fighters per truck, and expressed appreciation for the commitment to the Performing Arts Theatre, William P. Bailey, 4841 Rosecroft Street, Phone: 495-0637, represented the Virginia Beachfirefighters, and requested four (4) fire fighters per truck, supported the Performing Arts Theatre and requested a simplified pay plan for all City employees. This program should be based on sonority (years of service, not years in grade). Mr, Bailey advised $60-MILLION in fire station improvements were recommended by the HBA study. Attorney GlenA. Huff, Huff, PooleandMahoney, 4705 Columbus Street, Phone: 552-6021, spoke in support of the Performing Arts Theatre. A statement from Robert D, 0 'Connor reflecting his concerns is hereby made a part of the record. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. October 5, 2004 - 24- Item V-H.I. MAYOR'S PRESENTATION ITEM # 53072 Mayor Oberndorf PRESENTED: Government Finance Officers Association (GFOA) Award to Patricia Phillips Director - Department of Finance Mayor Oberndorf acknowledged the dedicated and excellent service of Patricia A. Phillips, Director - Department of Finance. This is a Government Finance Officers Association (GFOA) Award and is a certificate of achievement for excellence in financial reporting presented to the City of Virginia Beach for its Comprehensive Annual Financial Report (CAFR) Fiscal Year June 30, 2003. Government Finance Officers Association of the United States and Canada (GFOA) presents this award to government units and public employee retirement systems, whose Comprehensive Annual Financial Reports achieve the highest standard in government accounting and financial reporting, Mrs. Phillips ACCEPTED the award and advised this is the twenty-fourth consecutive year the Department has been so recognized for its accounting practices. Mrs, Phillips acknowledged this award also reflects the good judgment and professionalism of the City Council and City Departments, The Certificate of Achievement is the highest form of recognition in the area of Governmental accounting and financial reporting. Mrs. Phillips expressed appreciation to Bob Hays, Comptroller during this period (Bob retired January 1, 2004), Don Barnett - current Comptroller, Richard Lester - Principal Accountant. October 5, 2004 - 25 - Item V-H.2. ADD-ON ITEM # 53073 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADDED to the Consent Agenda as Item J.4.: Ordinance to AMEND 9 17-3 of the City Code to increase the membership of the LIBRARY BOARD from not less than seven (7) to no more than thirteen (13) members. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, 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: Robert M. Dyer October 5, 2004 - 26- Item V-J. ORDINANCES/RESOLUTIONS ITEM # 53074 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED in ONE MOTION Ordinances/Resolutions 1 (AMENDED), 2a/ble, 3 and 4 (ADDED) of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer Council Lady McClanan voted a VERBAL NAY on Item 1.3 (ARP - Freeman) October 5, 2004 - 27- Item V-J.1. ORDINANCES/RESOLUTIONS ITEM # 53075 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, AS AMENDED: Ordinance to AMEND 9 2-224.9 of the City Code to increase the membership of the Minority Business Council from seven (7) to nine (9) members not less than nine (9) to no more than eleven {] 17 members. (Requested by Councilman Villanueva) Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M. Dyer October 5, 2004 1 2 3 AN ORDINANCE TO AMEND SECTION 2-224.9 OF THE CITY CODE TO INCREASE THE MEMBERSHIP OF THE MINORITY BUSINESS COUNCIL 4 SECTION AMENDED: 2-224.9 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 2-224.9 of the City Code is hereby amended and 8 reordained to read as follows: Sec. 2-224.9. Minority composition; etc business appointment council and terms catabliahcd; of members; 9 10 11 12 (a) There io hereby cre.:tted 4=-:!,he City of Virginia Beach 13 Minority Business Council ',;hich shall consist of at least five 14 +&t nine (9) but not more than oeven (7) eleven (11) members. 15 16 Adopted by the City Council of Virginia Beach, Virginia on 17 this 5th day of October, 2004 - 28- Item V-J.2a/b1c. ORDINANCES/RESOLUTIONS ITEM # 53076 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE grants from the u.s. Department of Justice, Office of Community Oriented Policing Services (COPS) and the u.s. Department of Transportation, with federal revenue increased accordingly to the Police Department's FY 2004-05 operating budget: $405,686 re the purchase of technology-related equipment and software $15,000 with the City's match of $3,750 from the Police Department's overtime budget to increase awareness of driving under the influence (DUI) $12,000 with the City's match of $3, 000 transferred within the Police Department's FY 2004-05 operating budget to promote seatbelt usage among teenagers Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, RonA, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M. Dyer October 5, 2004 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $405,686 FROM THE U. S. DEPARTMENT OF JUSTICE 3 TO THE POLICE DEPARTMENT'S FY 2004-05 4 OPERATING BUDGET TO PURCHASE TECHNOLOGY- 5 RELATED EQUIPMENT AND SOFTWARE 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $405,686 is hereby accepted from the U. S. Department of 9 Justice and appropriated to the Police Department's FY 2004-05 10 Operating Budget tor the purchase of technology-related 11 equipment and software, with federal revenue increased 12 accordingly. 13 14 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of October , 2004. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: [j cWJ Q. P- APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ ~~tIL err. City Attorne 's Office CA-9384 R-2 H:\PA\GG\ORDRES\COPS Grant ord (Police) .doc September 23, 2004 FROM : POLICE RDMIN FR>< ~n Sep. 20 2004 01:44PM P2 U.S. Department of Justice Offlce of Community Oriented policing Services Office ofrhe Director 1100 Vennont Avenue, NW Washington, DC 20530 L ?tlDq Chief Alfred Jacocks, Jr, Virginia Beach, City of Municipal Center, Building 11 240) Court House Drive Virginia Beach, VA 23456 Re: Technology Grant #: 2004CKWX0169 SFP -' 6 ".nfll! _ j CoW'!- ~. .. .......... ,.~ ,-'-' . .' ," . .. . ._i '.';' ~'~_~~~':i~:"" .~.;~:... ,~~,~i'~ '.':~:;.'..:\. ' . 1..") .:. ',. '~::.~;!: ~.I;~" ~-_ : :~.~:'~:~.~::~~. ,', ,,~,'..'.."M", Dear Chief Jacocks, Jr.: On behalf of Attorney General John Ashcroft, it is my pleasure to congratulate you on receiving a COPS 2004 Teclmology Grant. Enclosed is your agency's award document with a list of spi;dal conditions (on the reverse sid!;; ) that apply to your grant. Thc award amount is $405686. You will also find enclosed an ACH-Vcndorform, a Civil Rights Seven-Step Guide, a Financial Status Report (SF-269A) wiiliaHelpful Hints Guide, and a Fact Sh<::ct regarding on-line filing OfYOllT quarterly SF-269As. Please read and familiarize yourself with the grant award conditions prior to signing the award document. To accept your grant, the law enforcem<;nt and government executives listed on the document must sign the enclosed original grant award and return it to the COPS Office within 90 days. Failure to submit the signed award docmuent in this 90-day period may result in withdrawal of the grant without further notice from the COPS Office. Your grant award period officially began on January 23, 2004 and runs through January 22, 2005. Please note that all grant terms and special conditions will need to be met prior to the reimbursement of TI1I).ds for expenses incurred on or after January 23,2004. A no-cost time extension will be offered, and information n;garding this extension will be made available approximately 8-10 weeks before the grant period is due to end. Should you have any questions with the award process, please contact your Technology Coordinator assigned to this project at 1-800-421-6770. Congratulations again on your award. On behalf ofthe COPS Office, we look forward to worlcing with you on this technology project. Sincerely, Qj\(~ Carl R. Peed Director Enclosures 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000 2 FROM THE U. S. DEPARTMENT OF TRANSPORTATION TO 3 THE POLICE DEPARTMENT'S FY 2004-05 OPERATING 4 BUDGET TO INCREASE AWARENESS OF DRIVING UNDER 5 THE INFLUENCE 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 1. That $15,000 is hereby accepted from the U. S. Department of 9 Transportation and appropriated to the Police Department's FY 10 2004-05 Operating Budget to increase awareness of 11 consequences of driving under the influence, with federal 12 revenue increased accordingly. 13 2. That $3,750, which will serve as the local match requirement, 14 is hereby transferred within the Police Department's FY 2004- 15 05 Operating Budget. 16 17 18 Adopted by the Virginia, on the 5th Council day of of the City of Virginia October , 2004. Beach, Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT D~Q,~ Management Services APPROVED AS TO LEGAL SUFFICIENCY ~~/f City Attar's Offlce CA-9381 R-2 H:\PA\GG\ORDRES\DUI Education Grant ord.doc September 20, 2004 Whittington W. Clement Secretary of Transportation COMMONWEALTH of VIRGINIA Office of the Governor P.O. Box 1475 Richmond, Virginia 23218 (804) 786-8032 Fax: (804) 786-6683 TIT: (804) 786-7765 August 12, 2004 Captain Raymond V Eisenberg VA Beach PD 2509 Princess Anne Road Virginia Beach, VA 23456 Dear Captain Eisenberg: Safety has been and will continue to be a high priority in Virginia's overall transportation system. An integral component is a full commitment to highway safety. As Governor Mark S. Warner's Secretary of Transportation, I am committed to ensuring that safety remains a cornerstone of the Commonwealth's multimodal transportation systems. I am pleased to inform you that Virginia is receiving pass through funds from USDOT/ NHTSA for federal fiscal year 2005. The highway safety project proposal(s) listed below have been approved. The approved project applications are enclosed for your records. You should refer to page two for any instructions and/or addenda. Please note that the availability of funds under this grant is contingent upon the release of federal funds to the Commonwealth. Also enclosed is a memorandum of conditions from Vincent M. Burgess, DMV Assistant Commissioner of Transportation Safety. As the recipient of a FY05 grant award, it is important that you read and follow this information carefully. If you should have any questions regarding the conditions, please contact the project monitor assigned to your grant. Proiect Title DUI Education Teens Seat-Belt Usage Amount Approved $15,000.00 $12,000.00 You will soon receive Virginia's 2005 Highway Safety Plan Benchmark Report. There are 3 specific goals, each with performance measures and strategies, that are in line with the highway safety .. goals listed in DMV's Agency Head Agreement. This agreement has been signed by DMV Commissioner D. B. Smit, Governor Mark S. Warner and myself, and represents DMV's commitment in achieving these priority goals. ~"' I am excited about the prospect that your project will have a positive impact on highway safety for all Virginians, I personally want to thank you for taking the time and effort to contribute to a safer Virginia. Sincerely, Whittington W. Clement Enclosures 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $12,000 2 FROM THE U. S. DEPARTMENT OF TRANSPORTATION TO 3 THE POLICE DEPARTMENT'S FY 2004-05 OPERATING 4 BUDGET TO PROMOTE SEATBELT USAGE 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 1. That $12,000 is hereby accepted from the U. S. 8 Department of Transportation and appropriated to the Police 9 Department's FY 2004-05 Operating Budget to promote teenage 10 seatbelt usage, with federal revenue increased accordingly. 11 2. That $3,000, which will serve as the local match 12 Requirement, is hereby transferred within the Police Department's 13 FY 2004-05 Operating Budget. 14 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of October , 2004. Requires an affirmative vote by a majority of the members of the City Council. D; , APPROVED AS TO LEGAL SUFFICIENCY ~ {"'Vf~I(fr. City Attorney's Office CA9382 R-l September 20, 2004 H:\PA\GG\ORDRES\Teen Seatbelt Grant Ord.doc / COMMONWEALTH of VIRGINIA Office of the Governor p.o. Box 1475 Richmond, Virginia 23218 Whittington W. Clement Secretary of Transportation (804) 786-8032 Fax: (804) 786~6683 TrY: (804) 786-7765 August 12, 2004 Captain Raymond V Eisenberg VA Beach PD 2509 Princess Anne Road Virginia Beach, VA 23456 Dear Captain Eisenberg: Safety has been and will continue to be a high priority in Virginia's overall transportation system. An integral component is a full commitment to highway safety. As Governor Mark S. Warner's Secretary of Transportation, I am committed to ensuring that safety remains a cornerstone of the Commonwealth's multimodal transportation systems. I am pleased to inform you that Virginia is receiving pass through funds from USDOT/ NHTSA for federal fiscal year 2005. The highway safety project proposal(s) listed below have been approved. The approved project applications are enclosed for your records. You should refer to page two for any instructions and/or addenda. Please note that the availability of funds under this grant is contingent upon the release of federal funds to the Commonwealth. Also enclosed is a memorandum of conditions from Vincent M. Burgess, DMV Assistant Commissioner of Transportation Safety. As the recipient of a FY05 grant award, it is important that you read and follow this information carefully. If you should have any questions regarding the conditions, please contact the project monitor assigned to your grant. Project Title DUI Education Teens Seat-Belt Usage Amount Approved $15,000.00 $12,000.00 You will soon receive Virginia's 2005 Highway Safety Plan Benchmark Report. There are 3 specific goals, each with performance measures and strategies, that are in line with the highway safety . ' goals listed in DMV's Agency Head Agreement. This agreement has been signed by DMV Commissioner D. B. Smit, Governor Mark S. Warner and myself, and represents DMV's commitment in achieving these priority goals. " ,.. I am excited about the prospect that your project will have a positive impact on highway safety for all Virginians. I personally want to thank you for taking the time and effort to contribute to a safer Virginia. Sincerely, Whittington W, Clement Enclosures - 29- Item V-J.3. ORDINANCES/RESOLUTIONS ITEM # 53077 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE and DIRECT the City Manager to execute a Deed of Release and Exchange for an Agricultural Land Preservation (ARP) easement re the release of a reserved site in exchange of another portion of the property not presently under an ARP designation for John W. and Mary E. Freeman, Jr. on Fitztown Road (DISTRICT 7 PRINCESS ANNE) Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R, Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Robert M. Dyer October 5, 2004 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A DEED OF RELEASE AND 3 EXCHANGE PERTAINING TO AN AGRICULTURAL LANDS 4 PRESERVATION EASEMENT LOCATED ON LAND OF 5 JOSEPH W. FREEMAN/ JR. 6 7 8 WHEREAS/ on October 1/ 1997/ the City of Virginia Beach 9 (hereinafter "the City") and Joseph W. Freeman/ Jr. and Mary E. 10 Freeman (hereinafter "Freeman") entered into Installment Purchase 11 Agreement Number 1996-3/ whereby the City acquired an 12 Agricultural Lands Preservation Easement (hereinafter 13 "Preservation Easement") upon certain property owned by Freeman; 14 and 15 WHEREAS/ as part of the aforesaid transaction/ Freeman 16 reserved for future development a portion of property having an 17 area of three (3) acres/ more or less/ such that the Preservation 18 Easement does not encumber the reserved area; and 19 WHEREAS/ Freeman desires to exchange an area of land not 20 encumbered by the Preservation Easement for an equal area of land 21 which is to be encumbered by the Preservation Easement/ as shown 22 on the attached "Exhibit Showing Easement Exception on Property 23 Standing in the Name of Joseph W. Freeman/ Jr. and Mary Estelle 24 Freeman/" dated August 24/ 2004 and prepared by Gallup Surveyors 25 & Engineers/ Ltd.; and 26 WHEREAS/ pursuant to Section 11 of the Agricultural Lands 27 Preservation Ordinance (hereinafter "Ordinance") / a landowner may 28 petition the City Council for the extinguishment of a 1 29 Preservation Easement in exchange for the conveyance to the city 30 of a Preservation Easement on a different portion of the 31 landowner's property, under certain conditions set forth in the 32 Ordinance; and 33 WHEREAS, the Ordinance provides that the City Council 34 shall approve such an exchange if it makes certain findings 35 enumerated in the Ordinance; and 36 WHEREAS, the City Council does hereby make such findings, 37 to-wit: 38 (1) the acquisition of the proposed Preservation Easement 39 in lieu of the existing Preservation Easement does not adversely 40 affect the City's interests in accomplishing the purposes of the 41 Ordinance; 42 (2) the proposed Preservation Easement area meets all of 43 the eligibility requirements set forth in Section 7 of the 44 Ordinance; 45 (3) the land to be encumbered by the proposed Preservation 46 Easement is of at least equal fair market value, is of greater 47 value as permanent open space, and of as nearly as feasible 48 equivalent usefulness and location for use as permanent open- 49 space land as the property on which the existing Preservation 50 Easement is located; and 51 (4) the consideration for the acquisition of the new 52 Preservation Easement consists solely of the extinguishment of 2 53 the existing Preservation Easement. 54 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 55 CITY OF VIRGINIA BEACH: 56 That subject to the determination of the City Attorney that 57 there are no defects in title to the property to be placed under 58 the Preservation Easement or other restrictions or encumbrances 59 thereon which may, in the opinion of the City Attorney, adversely 60 affect the City's interests, the City Manager be, and hereby is, 61 authorized and directed to execute a Deed of Release and Exchange 62 pursuant to which the City releases the existing Preservation 63 Easement on a portion of the property, as shown on the aforesaid 64 exhibit, and acquires, in exchange therefor, land equal in area 65 to be placed under the Preservation Easement, as shown on such 66 exhibit. 67 68 Adopted by the City Council of the City of Virginia Beach, 69 Virginia, on this 5th day of October , 2004. 70 71 CA-9370 72 OID\ordres\Freemanexchange.ord 73 September 20, 2004 74 R-1 75 APPROVED APPROVED AS TO (;J~ CY: 76 77 78 79 City Attorney's Office 3 c:c3 o z <C -1 LL o Z o VJ :> o m ::J en <C W f- ::J f- F en z o u f- o Z (f) W o o '= m I X W (f) I f- 5: 'O{o ON (or' "<tll) C'lN t-- Z 'O:q. 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ORDINANCES/RESOLUTIONS ITEM # 53078 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AMEND 9 17-3 of the City Code to increase the membership of the LIBRARY BOARD from not less than seven (7) to no more than thirteen (13) members, Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M. Dyer October 5, 2004 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE LIBRARY BOARD BY INCREASING THE SIZE OF THE BOARD 8 9 SECTION AMENDED: ~ 17-3 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 17-3 of the City Code is hereby amended, to 14 read as follows: 15 16 Sec. 17-3. Public library board. 17 (a) There is hereby created a public library board, which 18 shall consist of not less than seven (7) nor more than cleven 19 #B- thirteen (13) members. The members of the board shall be 20 appointed by the council for terms of three (3) years; provided, 21 however, that the initial appointments shall be made for such 22 lesser terms as will provide staggered expirations thereof. Two 23 (2) members shall be high school juniors, whose terms shall be 24 for one (1) two (2) year~, and one (1) member shall be an 25 employee of the school division's department of technology. The 26 board shall select from its membership a chairman and vice- 27 chairman. 28 (b) The public library board shall meet not less 29 frequently than once every quarter (three (3) months) and 30 additionally, at the call of the chairman. The board shall be 31 responsible for making recommendations to the council on all 32 phases of library planning, policy and management. 33 34 35 Adopted by the City Council of the City of Virginia Beach, 36 37 Virginia, on this 5th day of October, 2004. 38 2 Item V-K.l. APPOINTMENTS - 31 - ITEM # 53079 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BICYCLE and TRAILS ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD October 5, 2004 - 32- Item V-K.2. APPOINTMENTS ITEM # 53080 Upon NOMINATION by Councilman Villanueva, City Council APPOINTED: Dr. Timothy Miller Daniel Pearsall 2-year terms 10/01/04 - 05/31/06 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M. Dyer October 5, 2004 - 33- Item V-M.l. UNFINISHED BUSINESS ITEM # 53081 Mayor Oberndorfrecognized the President of the NAACP, Georgia F. Allen Georgia F. Allen, 4649 Merrimac Lane, Phone: 473-2397, President - Virginia Beach NAACP, spoke relative the Department of Justice inquiry. Carolyn Lincoln, 1200 Sotheby Court, addressed City Council re Ms. Allen's presentation. October 5, 2004 - 34- Item V-No ADJOURNMENT ITEM # 53082 Mayor Meyera E, Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:38 P.M. r7J~/nL_L~~_~~- ~;-?;. Hooks, CMC Chief Deputy City Clerk - uth Hodges Smith, MMC City Clerk Meyera E, Oberndorf Mayor City of Virginia Beach Virginia After ADJOURNMENT, Public Comments relative Non Agenda Items were heard (6:38 P.M. - 7:00 P.M.) October 5, 2004 - 34- Item V-N. ADJOURNMENT ITEM#53082 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:38 P.M. C Q. y4 Beverly O Hooks, CMC Chief Deputy City Clerk �. �• fitemtdid-7, 'uth Hodges Smith, MMC Meyera Oberndorf City Clerk Mayor City of Virginia Beach Virginia After ADJOURNMENT,Public Comments relative Non Agenda Items were heard(6:38P.M.-7:00 P.M.) October 5. 2004