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Home My WebLink AboutJUNE 7, 2005, MINUTES CITY OF VIRGINIA BEACH COMMUNITY FOR A LIFETIME CITY COUNCIL 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 AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESUE L. UUEY CITY CLERK - RUTH HODGES SMITH, MMC 7 June 2005 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. PUBLIC VOICESIREDEVELOPMENT Update Robert Scott, Director, Planning CITY HALL BUILDING 240i COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE."(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 2:00 PM B. VISITOR CENTER OPERATIONS Hester Waterfield, Visitor Services Administrator, Convention and Visitor Bureau II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:30PM VI. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Master Monk Phich Thong Kinh Buddhist Temple 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 May 24, 2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. RESOLUTION/ORDINANCES 1. Resolution to express support and AUTHORIZE the City Manager to negotiate a contract with Urban Land Institute re a performance study for Village of Pungo. 2. Ordinance to AUTHORIZE the KENNETH A. HALL F AMIL Y LIMITED PARTNERSHIP a temporary encroachment into portions of the rights-of-way of Butternut Lane and Spruce Street to construct and maintain a telephone pedestal and buried conduit to house fiber optic cable. 3. Ordinance to ACCEPT and APPROPRIATE $507,998 in state, federal and gift fund revenues to the FY 2004-2005 Human Services Operating Budget re additional mental health, substance abuse and mental retardation services. 4. Ordinance to APPROPORIATE $36,351 from Cost Recovery Revenue and to ACCEPT and APPROPRIATE $6,253 from the Fire Department Gift Fund to the Department's FY 2004- 2005 Operating Budget re various costs and fire programs and increasing revenue accordingly. 5. Ordinance to APPROPRIATE $799,237 to the FY 2005-06 Human Services Operating Budget and to provide eight (8) full-time positions as follows: a. One time state general fund revenue b. State Supreme Court and Medicaid revenue c. Additional fee revenue $173,109 $480,128 $146,000 6. Ordinance to ACCEPT and APPROPRIATE $5,000 in Gift Fund Revenue to the 2004-2005 Public Libraries Operating Budget re replacing conference room chairs in the Central Library. 7. Ordinance to REVISE categorical appropriations for the School's Operating Fund re additional State and other revenue: a. Reduce Instruction $15,708,066 b. Reduce Attendance and Health $ 534,949 c. Reduce Pupil Transportation $ 1,988,071 d. Reduce Operations and Maintenance $ 4,809,444 AND, APPROPRIATE the following: a. School Grants $ 183,786 b. School Athletic Special Revenue $ 242,731 c. School Instructional Technology $ 1,748,680 d. School Vending Operations $ 31,000 e. School Textbook Fund $ 2,091,882 8. EMS Permits for annual renewal: a. Eastern Shore Ambulance b. Nightingale Regional Air Ambulance c. Network Medical d. Children's Hospital of the King's Daughters e. Medical Transport f. Lifeline Ambulance Service, Inc. 9. Ordinance to AUTHORIZE one additional full-time position and ELIMINATE two part-time FTE's in the FY 2005-2006 Operating Budget of the Library Department re stabilizing staffing at the Kempsville Library. J. APPOINTMENTS ARTS and HUMANITIES COMMISSION BEACHES and W A TERW A YS COMMISSION HEAL TH SERVICES ADVISORY BOARD CHESAPEAKE ALCOHOL SAFETY ACTION PROGRAM HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE SUBCOMMITTEE PARKS and RECREATION COMMISSION SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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 at 1-800-828-1120 ********** Agenda 06/7/05 sib www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 7 June 2005 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re PUBLIC VOICES/REDEVELOPMENT, in the Council Conference Room, City Hall, on Tuesday, June 7, 2005, at 2:00 PM. Council Members Present: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, and James L. Wood Council Members Absent: Robert M. Dyer [Entered: 2:30 PM.] Jim Reeve [Entered: 2:20 PM.] Ron A. Villanueva [Entered: 2: 17 PM.] Rosemary Wilson [Entered: 2:12 P.M.] - 2- CITY MANA GER 'S BRIEFING PUBLIC VOICES/REDEVELOPMENT Update 2:00 P.M. ITEM # 54003 The City Manager advised the presentation PUBLIC VOICESIREDEVELOPMENT Update is divided into three (3) parts: Robert Scott, Director - Planning (relationship to the Comprehensive Plan), Donald Maxwell, Director - Economic Development (Economic Development Strategy) and John Stewart, Operations Manager - Public Library System (Process). Robert Scott advised whether or not a redevelopment policy exists, redevelopment has begun and is progressing in the City of Virginia Beach. This issue has been discussed in the ADOPTED Comprehensive Plan. There are four (4) reasons to be involved and concerned re the redevelopment process: Dwindling Supply of Vacant Land Renew and reinvest in the City, broaden the tax base (under utilization and/or inappropriate land uses) Aging Developments (combat blight) (unfit relationship between land uses) Comprehensive Plan (Strategic Growth areas and protection of neighborhoods) Donald Maxwell distributed information relative the Comprehensive Redevelopment Strategy and the Redevelopment Work Plan. Mr, Maxwell advised the status of the foundation work for the Redevelopment Strategy: Completed Comprehensive plan (broad strategy and rationale) Economic Development Strategy Tourism Strategy Retail Study Joint Land Use Plan (JLUS) Housing Needs Study Old Beach District Plan To Be Comoleted Office Needs Study Strategic Growth Area Plans (July 2005) (long term) The process to complete the strategy would involve engaging the community in the development and support of a redevelopment strategy to achieve the City Council's goals, John Stewart stated that on December 7, 2004, the Economic Vitality Strategic Issue Team advisedforming the parts into a meaningful whole must include a substantial process of public participation (citizen dialogue). This process has both a structure and outcomes, Better understanding can lead to cooperative approaches and even to a shared vision for redevelopment. The Public Voices on Redevelopment is an open process to obtain community-wide views and questions re the creation of a redevelopment strategy for the City, June 7, 2005 - 3 - CITY MANA GER 'S BRIEFING PUBLIC VOICESIREDEVELOPMENT Update ITEM # 54003 (Continued) Information entitled: Public Voices on Redevelopment Leadership Team (Major Milestones) (Leadership Team Tasks) and the Governance Plan were distributed and are hereby made a part of the record. The task is to produce a report to the City Council and citizens which describes the outcome of the public deliberation relative redevelopment. This report will be utilized by the Economic Vitality Issue Team, along with the other reports and related work, described by Mr. Maxwell to fashion a Redevelopment Strategy for consideration. Public Voices on Redevelopment Leadership Team is composed of Virginia Beach residents. Letters were forwarded to individuals and groups identified in the initial proposal to City Council. The work of the Leadership Team was described in two separate "City Page" issues. The newspaper and Council of Civic Organizations published the Leadership Team, The result of those efforts were telephone calls from over seventy (70) individuals interested in participating. Between fifty-five (55) and sixty (60) members regularly attend the Leadership Team meetings. Copies of the list of participants are available in the Office of the City Clerk. The Public Voices Project Team facilitates the work of the Leadership Team and is composed of representatives from many City departments. In effect, this Team is the keeper of the process of public dialogue. A model entitled the "National Issues Forum" method is utilized. The Project Team calls the meetings, plans the Agenda, facilitates the discussions, reports on the outcomes and will ultimately prepare the report summarizing the deliberation, Betsy McBride, Media and Communications, is the Team leader. The Research Team has one duty to make sure the deliberations are based on facts shared among all participants. Kathy Conroy, Municipal Reference Library, is the Research Team leader. The Resource Group is composed of experts in redevelopment practice, policy and law, Leslie Lilley - City Attorney, Robert Scott - Director of Planning, Donald Maxwell - Director of Economic Development and Andy Friedman - Director of Housing and Neighborhood Preservation, are members of the Resource Group, The Leadership Team has held two (2) meetings (approximately 1 % hours each), During the first meeting, the Leadership Team heard a presentation re the value of including many voices in public decision making and learned of the process being utilized and the Team's specific tasks. In the second meeting, issue framing commenced. Over fifty (50) interviews have been conducted with citizens and stakeholders throughout the city. The purpose of the interviews is to identifY all concerns re redevelopment. The interviewees are selected partially by recommendations from the Leadership Team, some are individuals who wish to be interviewed and some the Economic Vitality Issue Team has chosen to maintain a good distribution across the demographics of Virginia Beach. The site for Public Voices on Redevelopment Leadership Team appears under "Hot Topics" in the www,vbgov.com website, Kevin Fairley, Video Services Division, is a member of the Project Team. Methods are being discussed to utilize television to broaden the deliberation, The Research Team has already compiled a newspaper data base of over three hundred (300) articles and "Letters to the Editor" (assembled 4 binders of articles relative redevelopment related issues in print and on the Internet) and begun a glossary of terms and definitions. Elements of the Process Leadership and Organization Citizen/Stakeholder Interviews High-Profile Community Event "Redevelopment Reader" Citizen Dialogues Report to City Council and Citizens June 7, 2005 -4- CITY MANAGER'S BRIEFING PUBLIC VOICES/REDEVELOPMENT Update ITEM # 54003 (Continued) The Redevelopment Reader will contain facts, definitions of redevelopment tools and examples of best practices from around the country. All will be framed around the concerns expressed in the interviews and during the community event, Mr. Stewart responded to the Mayor and advised both Robert Dean and John Moss, of the Taxpayers Alliance, are participating actively in the process. June 7, 2005 - 5 - CITY MANA GER 'S BRIEFING VISITOR CENTER OPERATIONS 2:35 P.M. ITEM # 54004 Jim Ricketts, Director - Convention and Visitors Bureau, introduced Hester Waterfield, Visitor Services Administrator. Mrs. Waterfield has been a City Employeefor thirty-seven (37) years thirty, (30) years with the Convention and Visitors Bureau. Mrs Waterfield will retire in January 2006. When the current Visitor Services Center was opened in 1988, Hester was the Director, She advanced and directed public relations for the Convention and Visitors Bureau, as well as group tours, As the Visitor Services Center was increasing in importance and required a number of improvements and programs, Hester was requested to outline a long term vision for the Visitor Services Center, Mrs, Waterfield provided information relative the duties of the Visitor Services Center. Approximately three (3) years ago, Jim Ricketts, with the assistance of the City Council, reorganized the Convention and Visitors Bureau. The City Council has received presentations from the other Divisions. Visitors Center Sherri Waghalter Manager Colleen Higginbotham Visitor Center Supervisor The Visitor Services Center employees five (5) Full Time Assistants, one (1) Part Time Assistant, and nine (9) Volunteers contributing approximately thirty (30) hours per week. Primary Responsibilities Visitor Services Division Visitor Centers Hotel Standards/Complaint Response Process Annual Tourism Industry Project Consumer Travel Press Locations and Hours Main Site - 2100 Parks Avenue Open 9-5 Daily Extended hours in Summer Chesapeake Bay Center - First Landing State Park Open 9-5 Daily Resort Area Kiosks (Seasonal) 17'h Street and the Boardwalk, 24th Street and Atlantic Avenue Open 9-7 daily weekends only in May and September June 7, 2005 - 6- CITY MANAGER'S BRIEFING VISITOR CENTER OPERATIONS ITEM # 54004 (Continued) Approximately thirty percent (30%) of the visitors to Virginia Beach do not have a preset accommodation, On a daily basis, visitors come to the Center seeking those accommodations. Services for Visitors Provide specifics about accommodations, dining, attractions, special events and transportation Publish consumer newsletter Provide information daily on availability of lodging, give directions/provide maps Sell tickets to special events Sell locals trolley passes to residents Record and process inquiries received by mail, via 1-800- VA BEA CH andfrom www.vbfun.com 491-SUNN, Events Line Participate in Consumer Trade Shows Services to Industry Listings in the Vacation Guide and on www.vbfun.com Provide attraction brochures, all access entertainment guides and pad maps (nominal fee) Assist and provide hotel staffwith information on attractions, events, shopping and dining Rates and availability listing daily Distribution of the Virginia Beach Hotel-Motel Association (VBHMA) accommodations Directory Operate Visitor Center locations daily Industry Promotional Opportunities Brochure Rack Space (no charge) Duratran Displays for attractions and restaurants ($700 annually per ad) Victor Express Call Boardfor accommodations ($400 annually) Access to Visitor Inquiries ($200 annually) Annual Statistics 2004 Walk-In Visitors Main Site Chesapeake Bay Center Oceanfront Kiosks Total: Web Visits Phone/Main Inquiries 72,227 32,495 25,169 129.891 1,180,629 195,738 June 7, 2005 - 7- CITY MANAGER'S BRIEFING VISITOR CENTER OPERATIONS ITEM # 54004 (Continued) Lodging Standards Annual Lodging Agreement Complaint Process/Report Inspection Team Written Complaints Processed FY 2002 220 FY 2003 210 FY 2004 92 National Tourism Week Annual Event - Established 1989 Recognizes Front Line Tourism Industry Employees Fourteen (14) Award Categories Public Relations Budget FY 2004-05 Travel Press Press Releases/Media Advisories Site Visits by press www.vbvressroom.com Special Events 2004 - New York travel press brealifast, Media marketplace opportunities and desk-side briefings Comparative Analysis of Media Placement (over $2.4-MILLION in 2004) $395,000 239 Contacts as of December 2004 57 as of December 2004 Mrs. Waterfield introduced Jessica Rinck, her Liaison, Public Relations Account Supervisor - Barker, Campbell & Farley. New in Visitor Services ATM Building Renovations Security system installed New telephone system Message Board Children's play area Boomerang to/from Williamsburg (Departs 24th Street): The Virginia Department of Transportation (VDOT) and Hampton Roads Transit (HRT) have joined forces due to funding opportunities to run a motor coach from the Oceanfront to Busch Gardens (3 times per day) and Williamsburg (2 times per day) Visitor Services Operations Manual Orientation and training tools for new employees The Boomerang program will commence next week, June 13, 2005. June 7, 2005 -8- CITY MANAGER'S BRIEFING VISITOR CENTER OPERATIONS ITEM # 54004 (Continued) Councilman Villanueva expressed appreciation to Hester Waterfield,for being an Ambassador for the City. Seasonalforeign workers have evolved in Virginia Beach. Many of these workers have been utilized by the resort businesses. An information clearing house is necessary for these visitors. Mrs. Waterfield advised there have been numerous discussions with staff members and she listened to the presentation to City Council by Star Travel. The young workers require more services than the Visitors Center can provide with the current number of employees. 1300 individuals came to the Visitors Center and there were 829 telephone calls during the Patriotic Festival, Mr. Ricketts referenced the formation of an informational sheet, which would direct the students to the proper office. The Hotel/Motel Association has formed a committee to work on these issues including translating the City brochures into various languages. Mr. Ricketts suggested a central clearing house for solving the majority of issues for students. Councilman Maddox advised the Executive Director of the Hotel/Motel Association was in attendance. A meeting was conducted on Friday, June 3, 2005, relative this situation. Councilman Maddox has fifty (50) foreign students workingfor him, with two (2) living in his home. Councilman Reeve advised these students are ambassadors of their countries, Nancy Perry, Executive Director - Hotel/Motel Association, advised for the past two (2) years, the Hotel/Motel Association has been compiling resources for the foreign workers in the industry. A pamphlet containing the Mayor's letter, has been translated into six (6) different languages. Brochures on safety (both bike and general) from the Police Department have been secured and are currently being translated. A central clearing house and individual is missing. Mrs. Perry offered her office for this purpose, but requested a City staff member and volunteer be provided. Mrs. Perry suggested Pam Lingle and Cornell Fuller, A public building would be necessary to assemble and distribute the information to students i.e. computer lab at the library, City staff shall provide information relative legal issues i.e. VISA's and costs involved with establishing a clearing house. A Briefing re International Seasonal Workers shall be scheduled for the City Council Session of June 14, 2005. Mayor Oberndorf expressed appreciation to Hester Waterfield for her unselfish dedication and years of service to the City. June 7, 2005 -9- CITY COUNCIL LIAISON REPORTS 3:40 P.M. ITEM # 54005 Councilman Reeve referenced the Resolution to express support and AUTHORIZE the City Manager to negotiate a contract with Urban Land Institute (ULI) re a performance study for Village of Pungo. Councilman Reeve distributed correspondence from the Pungo Village Landowners Association, encompassing several pages of signatures. The correspondence, dated May 30, 2005, requests the assistance of the Mayor and Members of City Council re creating a true Village of Pungo that will honor its heritage and give it guidance for its future. The landowners agree that an Urban Land Institute (ULI) study of the area would be the most beneficial way for assessing its possibilities and defining the village, All of the information relevant to this area shall be supplied to ULI. The Joint Land Use Plan (JLUS) would be a relevant document, Councilman Reeve advised the Urban Land Institute cost would be $110,000. Mayor Oberndorf requested the Navy be a participant in the study to express any concerns regarding development, Mayor Oberndorf advised extension of water and sewer, roads and schools should also be included in the discussion The City Manager advised preliminary discussions were conducted with ULI relative cost. The cost of $110,000 was the most expensive option (afive day process) and involved transporting the Panel from all over the Country. The City Manager shall provide an itemized definition of costs. ITEM # 54006 Council Members McClanan and Wilson met with representatives of the Francis Land House and Thorougood House to discuss their recommendations concerning their reorganization to City Council. Their recommendations shall be scheduled for a City Council Session. June 7, 2005 \) - 10- CITY COUNCIL COMMENTS 3:54 P.M. ITEM # 54007 Councilman Villanueva requested a Briefing relative the Hyatt Hotel and today 's (November 7, 2005) article in the Virginian Pilot entitled: "Beach Officials Discussing Convention Center Hotel". Vice Mayor Jones inquired relative this item being held in Closed Session. Deputy City Attorney Macali advised Vice Mayor Jones this item could not be discussed in Closed Session as the relocation of a convention center hotel had been released. Jim Ricketts, Director - Convention and Visitors Bureau, advised the headline is not accurate, A Headquarters Hotel is not a new issue. A Headquarters Hotel is defined as a hotel that is adjacent or connected to the Convention Center. During the dialogue for the new Convention Center, there were many discussions that a Headquarters Hotel would be an amenity. A Headquarters Hotel was included in the Skidmore, Owings & Merrill (SOM) plan relative the 19'h Street Corridor, Mr. Ricketts advised Headquarters Hotels are being built all over the country and normally involve some type of public participation. There has been interest expressed in the past re a Headquarters Hotel. Developers or investors reviewing the 19'h Street Corridor have inquired re the possibility of a Headquarters Hotel and if a decision is made to contact them, Relative the newspaper article, three entities are involved: Matt Winston, a local businessman and a professional acquaintance ofMr, Ricketts, has started his own company, Tidewater Lodging; Piper Jaffray, a major national financial underwriting firm, and Hyatt. Mr. Winston was reviewing the possibility of developing a mid range hotel in the 17'h Street area. Mr. Winston referenced the Headquarters Hotel and the possibility of an interest by Hyatt. Mr. Winston began his career at the Hyatt headquarters in Chicago. Mr. Ricketts has not paid Matt Winston. Mr. Winston prepared proforma work and supplied same to Piper Jaffray who visited Virginia Beach. Then a representative of Hyatt visited the area (last week of April or first week of May), toured the Convention Center and was given a helicopter view of the City, The representative complimented the Convention Center as being the best he had ever seen, Al Hutchinson, Sales Administrator, Convention and Visitors Bureau, recently presented information relative Convention Business where Marisa Taylor, reporter - The Virginian-Pilot, was in the audience. He referenced the Headquarters Hotel issue, Through the Freedom of Information Act, information was requested and released. Mr, Ricketts advised Mr. Hutchinson was requested to maintain a "lost business" report relative the Headquarters Hotel issue, Concerning lost business, the article reflected in the past eighteen (18) months, seventy-two (72) conventions that either the City bid on or were turned down because of lack of a Headquarters Hotel, were not accepted because of lack of an adjacent hotel to the convention center, Many of the conventions contained in the "lost business" report are only in the 2,000 to 3,000- delegate range. The organizers and exhibitors would be staying in the Headquarters Hotel with the remaining staying in the other Resort hotels, Relative the Doubletree Hotel, Mr, Ricketts believes the Doubletree Hotel has been sold. Prudential went to bid and received four (4) bids, Mr. Ricketts believes there will be fairly significant investment in the hotel, but it will be a mid-range hotel, not a full service Convention Hotel. Councilman Maddox advised funding does not appear to be available to even build a sidewalk for the 19'h Street Corridor. Where will funding be found for a headquarters hotel? The City Manager advised the City is not looking for individuals to build a Headquarters Hotel. The representatives came to the City. Conversations involving investments are frequently discussed. The staff is not soliciting business prior to discussions with City Council. The City Manager and staff are pleased an organization like Hyatt is interested in the City. June 7, 2005 - 11 - CITY COUNCIL COMMENTS ITEM # 54007 (Continued) Vice Mayor Jones believes the Convention Center and the Headquarters Hotel would be preferable at the Oceanfront, Councilman Reeve advised that in his discussions with SOM in Chicago, a Convention Center Hotel is not a necessity, but with a good corridor connected to the Oceanfront and an efficient transportation system, every hotel could become a headquarters-hotel, A Headquarters Hotel should be discussed during a City Council Session but not require a public subsidy. June 7, 2005 - 12- AGENDA RE VIE W SESSION ITEM # 54008 4:42 P.M. 1.1. Resolution to express support and A UTHORIZE the City Manager to negotiate a contract with Urban Land Institute (ULI) re a performance study for Village of Pungo As per request of Mayor Oberndorf, *Section 3 shall be added: "..3. That the United States Navv shall be invited to participate in the studv and shall be afforded a full and complete opportunitv to express anv concerns it mav have regarding potential development in the area. " Mayor Oberndorf also requested the Resolution encompass verbiage re the possible extension of City services (water, sewer, roads) might have to be made available. Councilman Reeve advised this issue would be articulated in the ULI Study. Councilman Reeve did not agree with the inclusion of the statement re City services within the Resolution he is sponsoring. Mayor Oberndorf and Councilman Schmidt shall vote NA Y. ITEM # 54009 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: RESOLUTIONS/ORDINANCES 1.1. Resolution to express support and AUTHORIZE the City Manager to negotiate a contract with Urban Land Institute (ULI) re a performance study for Village of Pungo 1.2. Ordinance to AUTHORIZE the HALL FAMILY PARTNERSHIP a temporary encroachment into portions of the rights-of way of Butternut Lane and Spruce Street to construct and maintain a telephone pedestal and buried conduit to house fiber optic cable 1.3. Ordinance to ACCEPT / APPROPRIATE $507,998 in state, federal and gift fund revenues to the FY Human Services Operating Budget re additional mental health, substance abuse and mental retardation services 1.4. Ordinance to APPROPRIATE $36,351 from Cost Recovery Revenue and to ACCEPT and APPROPRIATE $6,253 from Fire Department Gift Fund to the Department's FY 2004-2005 Operating Budget re various costs and fire programs and increasing revenue accordingly, June 7, 2005 - 13- AGENDA RE VIE W SESSION ITEM # 54009 (Continued) I5. Ordinance to APPROPRIA TE $799,237 to FY 2005-06 Human Services Operating Budget and to provide eight (8) full-time positions as follows: a One time state general fund revenue b State Supreme Court /Medicaid revenue c Additional fee revenue $ 173,109 $ 480,128 $ 146,000 I6. Ordinance to ACCEPTandAPPROPRIATE $5,000 in Gift Fund Revenue to the 2004-2005 Public Libraries Operating Budget re replacing conference room chairs in the Central Library I7. Ordinance to REVISE categorical appropriations for School's re additional State / other revenue: a. Reduce Instruction b. Reduce Attendance and Health c, Reduce Pupil Transportation d. Reduce Operations and Maintenance AND, APPROPRIA TE the folloWing: a. School Grants b, Athletic Special Revenue c. Instructional Technology d. Vending Operations e. Textbook Fund I8. EMS Permits for annual renewal: a. Eastern Shore Ambulance b, Nightingale Regional Air Ambulance c. Network Medical d. Children's Hospital of the King's Daughters e. Medical Transport f, Lifeline Ambulance Service, Inc. $15,708,066 $ 534,949 $ 1,988,071 $ 4,809,444 $ 183,786 $ 242,731 $ 1,748,680 $ 31,000 $ 2,091,882 I9. Ordinance to AUTHORIZE one additional full-time position and ELIMINA TE two part-time employee's re stabilizing staffing at the Kempsville Library Item II (Village of Pungo) shall be ADOPTED, AS REVISED, BY CONSENT. Mayor Oberndorf and Councilman Schmidt shall vote NAY re Item II (Village of Pungo) June 7, 2005 - 14- ITEM # 54010 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION pursuant to Section 2,l-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), To Wit: Appointments: Boards and Commissions: Arts and Humanities Commission Beaches and Waterways Commission Hampton Roads Economic Development Alliance Health Services Advisory Board Investment Partnership Advisory Committee Minority Business Council Open Space Subcommittee Parks and Recreation Commission Shore Drive Advisory Committee Towing Advisory Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of 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: Beach District Rose Hall 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 excludedfrom this chapter pursuant to Section 2.2- 3705,6(11) 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 bargaining position or negotiating strategy of the public body. Lobbying Contract PROSPECTIVE BUSINESS ORINDUSTRY: Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community pursuant to Section 2.2-3 711 (A)(5) Potential EDIP Award to Business not Previously Announced June 7, 2005 - 15 - ITEM # 54010 (Continued) Upon' motion by Council Lady Wilson, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (4:50 P.M.). 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 (Closed Session: 4:50 P.M. - 5:45 P.M.) (Dinner: 5:45 P.M. - 6:05 P.M.) June 7, 2005 -16- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 7, 2005 6:10 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 June 7, 2005, at 6: 1 0 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, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Master Monk Thich Thong Kinh Buddhist Temple PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingjirm 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 jile 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 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 andjile 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. June 7, 2005 -17- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54011 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 exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, *(One item only - Public Contract: Lobbying Contract) 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 June 7, 2005 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 # 54010, page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~/~~k R Hodges SmIth, MMC City Clerk June 7, 2005 - 18- Item V-F.1. MINUTES ITEM # 54012 Upon motion by Council Lady Wilson, seconded by Councilman Reeve, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of May 24,2005. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf* an d James L. Wood * Mayor Oberndorf VERBALLY ABSTAINED. Mayor Oberndorf and Councilman Wood ABSTAINED as they were not in attendance during the City Council Session of May 24, 2005. Mayor Oberndorf and Councilman Wood were attending an Economic Development Conference in Las Vegas, June 7, 2005 - 19- Item V-F. 2. ITEM # 54013 Mayor Oberndorf, introduced Dennis Borgerding, Teacher - Kemps Landing Magnet School, accompanied by his students. Mr. Borgerding advised his class is currently researching City Government. The best way to learn is to witness the Government in action. The class is also in the process of "redesigning" Virginia Beach, as if the merger just occurred (January 1, 1963), Mr. Borgerding commended the City and staff Educational E-mails have been received from Fire Chief Gregory Cade, Police Lieutenant Max Hayden, Rick Rowe - Parks Operations and Services, Robert Ruhl- Economic Development, Mark Wawner - Economic Development, as well as the Agricultural Department and School Administration. The students have made excellent use of the City's web site: www, vb~ov. com Mr. Brogerding wished to express his appreciation for the City's assistance relative this educational initiative and especially relative preserving Kemps Landing Magnet School. Mayor Oberndorf advised David Sullivan, Chief Information Officer, recently retired from the City after thirty~three (33) years of service. Mr. Sullivan attended the Kempsville Schools. June 7, 2005 - 20- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 54014 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 7, 2005 - 21 - Item V-L RESOLUTION/ORDINANCES ITEM # 54015 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1 (AS REVISED), 2, 3, 4, 5a/b/c, 6, 7a-e, 8a-f and 9 of the CONSENT AGENDA. Voting: 11-0 (By Consent) 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 Mayor Oberndorf and Councilman Schmidt voted a VERBAL NAY on Item II (Village of Pungo) June 7, 2005 - 22- Item V-L1. RESOLUTION/ORDINANCES ITEM # 54016 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, AS REVISED*: Resolution to express support and AUTHORIZE the City Manager to negotiate a contract with Urban Land Institute (ULI) re a performance study for Village of Pungo * Section 3 shall be added: "..3, That the United States Navv shall be invited to participate in the studv and shall be afforded a full and complete opportunitv to express anv concerns it mav have ref!ardinf! potential development in the area." Voting: 9-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf and Peter W Schmidt Council Members Absent: None June 7, 2005 1 SUBSTITUTE RESOLUTION 2 3 REQUESTED BY COUNCILMEMBER JIM REEVE 4 5 6 A RESOLUTION EXPRESSING SUPPORT 7 FOR A LAND USE STUDY REGARDING THE 8 "VILLAGE OF PUNGO" 9 10 WHEREAS/ the area of the City traditionally known as Pungo 11 has considerable historical and aesthetic value and also serves 12 as is a gateway to the rural southern portion of the City; and 13 WHEREAS/ because of its uniqueness/ history and ambience/ 14 Pungo has the potential to become a showcase for village-style 15 development through the application of land use concepts that 16 encourage its historical/ cultural and aesthetic values to be 17 preserved and enhanced; and 18 WHEREAS/ the Pungo Landowners/ Association has expressed 19 the collective desire of property owners in the area that the 20 City perform a study of land use and related topics in the Pungo 21 area with a view to creating a village-style land use plan for 22 Pungo; and 23 WHEREAS/ the City has previously worked successfully with 24 the Urban Land Institute in performing the Shore Drive Corridor 25 Study; 26 NOW/ THEREFORE/ BE IT RESOLVED BY THE COUNCIL OF THE CITY 27 OF VIRGINIA BEACH/ VIRGINIA: 28 1. That the City Council hereby expresses its support of 29 a Pungo Village Land Use Study, to be performed by the Urban 30 Land Institute in conjunction with the CitYi and 31 2. The City Manager, or his designee, is hereby 32 authorized and directed to contact the Urban Land Institute and 33 to negotiate the terms of an agreement between the City and the 34 Institute for the performance of such a study. 35 3 . That the United States Navy shall be invited to 36 participate in the study and shall be afforded a full and 37 complete opportunity to express any concerns it may have 38 regarding potential development in the area. 39 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the 7th day of June , 2005. CA-9638 OIDjordresjpungovillageres.doc R-2 June 7, 2005 APPROVED AS TO LEGAL SUFFICIENCY: City t!lr/k:;1!L1~~ 2 - 23- Item V-L2. RESOLUTION/ORDINANCES ITEM # 54017 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AUTHORIZE the KENNETH A. HALL FAMILY LIMITED PARTNERSHIP a temporary encroachment into portions of the rights-of way of Butternut Lane and Spruce Street to construct and maintain a telephone pedestal and buried conduit to house fiber optic cable The following conditions shall be required: 1, The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 2. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney'sfees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment 3. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant 4. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 5. The applicant agrees to submit and have approved a traffic control plan before commencing work in the encroachment area. 6. The applicant agrees that no open cut of the public roadway will be allowed except under extreme circumstances, Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 7. The applicant agrees to obtain a permit from the Planning Department prior to commencing any construction within the encroachment area. June 7, 2005 - 24- Item V-I.2. RESOLUTION/ORDINANCES ITEM # 54017 (Continued) 8. Prior to issuance of a right-ofway permit, the applicant must post sureties in accordance with the project engineer's cost estimate, to the Office of Development Services Center/Planning Department. 9. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days I written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 10. The temporary encroachment must conform to the minimum setback requirements as established by the city, 11. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered Professional Engineer, if required by the City Engineer's Office. Voting: 11-0 (By Consent) 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 June 7, 2005 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 PORTIONS OF THE RIGHTS-OF-WAY 6 KNOWN AS BUTTERNUT LANE AND 7 SPRUCE STREET BY THE KENNETH 8 A. HALL FAMILY LIMITED 9 PARTNERSHIP, A VIRGINIA LIMITED 10 PARTNERSHIP, ITS ASSIGNS AND 11 SUCCESSORS IN TITLE, AND 12 VIRGINIA W. CORNICK, HER HEIRS, 13 ASSIGNS AND SUCCESSORS IN 14 TITLE 15 16 WHEREAS, The Kenneth A. Hall Family Limited Partnership, a Virginia limited 17 partnership, and Virginia W. Cornick, desire to construct and maintain a telephone 18 pedestal and 4" buried conduit for telephone lines and computer cables to house fiber 19 optic cable within the City's rights-of-way known as Butternut Lane and Spruce Street. 20 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's right of way subject to such terms and conditions as Council may prescribe. 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in ~~ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, The Kenneth A. Hall Family 27 Limited Partnership, a Virginia limited partnership, its assigns and successors in title, 28 and Virginia W. Cornick, her heirs, assigns and successors in title are authorized to 29 construct and maintain temporary encroachments for a telephone pedestal and 4" 30 buried conduit for telephone lines and computer cables to house fiber optic cable in the 31 City's rights-of-way as shown on the maps entitled: Exhibit "A", Exhibit "B" and Exhibit 32 "C", copies of which are on file in the Department of Public Works and to which 33 reference is made for a more particular description; and 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and The Kenneth A. Hall Family Limited Partnership, a Virginia 37 limited partnership, and Virginia W. Cornick (the "Agreement"), which is attached hereto 38 and incorporated by reference; and 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 42 time as The Kenneth A. Hall Family Limited Partnership, a Virginia limited partnership, 43 and Virginia W. Cornick and the City Manager or his authorized designee execute the 44 Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 7 th day of June ,2005. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 APPROVED AS TO CONTENTS ~s; C. (~1.'l GNATURE PW REd fs-/cLTt DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM i!{{~fjJfM CA- qS~~ PREPARED: 5113105 X: I Projects Encroachments I Applicants I The Kenneth A. Hall Family LP Telephone line ~ RBI Ordinance Encroachment.Frm.doc F:IDataIATYIOrdinINONCODElpw ORDINICA9523 The Kenneth A. Hall Family Limited Partnership. doc 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA nON TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this ~ day of A ~-\ L , 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and THE KENNETH A. HALL FAMILY LIMITED PARTNERSHIP, a Virginia limited partnership, ITS ASSIGNS AND SUCCESSORS IN TITLE, and VIRGINIA W. CORNICK, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the The Kenneth A. Hall Family Limited Partnership, Grantee, is the owner of those certain lots, tracts, or parcels of land designated and described as Block 1 and Block 2, Jacksondale Subdivision, as shown on that certain plat recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 55, at page 24 and being further designated and described as 3745 and 3757 Bonney Road, Virginia Beach, Virginia 23452, GPINS 1487-43-1975 and 1487-43-4791 (F/K/A 1487-43-4901); That, WHEREAS, Virginia W. Cornick is the owner and The Kenneth A. Hall Family Limited Partnership has a ground lease interest in that certain lot, tract, or parcel of land designated and described as Block 3, as shown on Map Book 2, page 51 recorded in the above- referenced Clerk's Office and being further designated and described as GPIN 1487-43-7783, located on Bonney Road, Virginia Beach, Virginia; GPINS No GPIN Assigned for Butternut Lane and Spruce Street Rights Of Way 1487-43-1975, 1487-43-4791 (FIK/A 1487-43-4901) and 1487-43-7783 WHEREAS, it is proposed by the Grantee to construct and maintain 4" buried conduit for telephone lines and computer cables to house fiber optic cable and a telephone pedestal, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of existing City rights of way known as Butternut Lane and Spruce Street "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into The Encroachment Area as shown on those certain plats entitled: "ENCROACHMENT PLAT OF TELEPHONE LINE AND FIBEROPTIC CABLE ACROSS BUTTERNUT LANE VIRGINIA BEACH, VIRGINIA MA Y 5, 2005," "ENCROACHMENT PLAT OF TELEPHONE LINE AND FIBEROPTIC CABLE ACROSS SPRUCE STREET VIRGINIA BEACH, VIRGINIA MAY 5, 2005," and "ENCROACHMENT PLAT OF TELEPHONE LINE AND FIBEROPTIC CABLE ACROSS BUTTERNUT LANE & SPRUCE STREET VIRGINIA BEACH VIRGINIA MAYS, 2005," copies of which are attached hereto as Exhibits "A", "B" and "C" and to which references are made for a more particular description. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnity and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 4 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, The Kenneth A. Hall Family Limited Partnership, a Virginia limited partnership, has caused this agreement to be executed by Kenneth A. Hall, Managing General Partner, with due authority to bind said limited partnership, and Virginia W. Cornick, Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City- Manager! Authorized Designee of the City Manager (SEAL) ATTEST: 5 City Clerk THE KENNETH A. HALL F AMIL Y LIMITED PARTNERSHIP, a Virginia lum~Z; By! aY(cp~ ~nneth A. Hall Managing General Partner , j /-;) , i ., , .' / V ' By :'~,~>(l~L(~/ . r~CtTi.A.u--!.4J Virginia W. Cornick STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , I Ute foregoing instnunent was acknowledged before me this __ day of _~ 2005, by DESIGNEE OF mE CITY MANAGER. ___~ CITY MANAGERJAUmORlZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-"it: The foregoing instrument was acknowledged before me this day of _, 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: <" ii.~ AIA:TE OF \/.. - ~ " r CrrY~Q0'NTY Of JJ!1LjrtUc l:!~()/;~to~v.';,t: '.--' The fOiegOin~ instrument was acknowledged before me this ~t~ day of c71p-til , 2005, by Kenneth A. Hall, Managing General Partnet~ on behalf of THE KENNETH A. HALL FAMILY LIMITED PARTNER~HIP, a Virginia limited partnership. A&chft (Q )} 0llL~Jirt' Notary Public My Commission Expires: STATE OF CITY/COUNTY OF I//orh/Ic -3 to-Ylit: The foregoing instrument was acknowledged before me this a~ day of ~;f/ , 2005, by Virginia W. Cornick. /}1/} /7 . __~_L/ I'~~~~~ My Conunission Expires: Od/';>-8/0g . ,dU'l/I, " '. ~ "'E:r. "'" . <,5->o',i'w"~~~"'i;. .' ".:'~';. ~"'. (' ~ . :' ci t" .~I. .:. ~ : (,) OF . : . ~ = ::. :.' r-~,:" :: ~. ". ",' ,. ... ..," ~. ..1;o.....:~Q,"~.....~ i I' .......... ~v .... -1 A y pu """ . " ~,\ \ \" APPROVED AS TO CONTENTS A1?PROY-SD AS TO LEGAL 3707-F~C!J'rNCY l">.~7:) FQ-R~~1 ~CtJrrJfL_ C_~~~fu.____.__ ~NAlURE pw &a1 t.~-fah DEPARTMENT (jj{fCt ~ I/J1JJI.rJtJL X:\J'roj~\E.l\OtoaehmcmlAppliClUll:;\'ll1e Kenneth A, Hall Family LP Telephone line - lUl~t EIlClO8Chrnent.Fmuloo .""'! EXHIBIT "A" ~11 '~// A KENNETH A. HALL FAMIL Y LIMITED PARTNERSHIP lOT 20 LOTS 20 & 21 CPIN: 1487-43-2800 (DB 3606, PG 78) 55 MH RIM- - -INV(N)=o.5. LOT 12 KENNETH A. HALL FAMI!. Y!..IMITEO PARTNERSHIP GPIN: /487-43-1975 (083606, PC 76) LOT 1.] (MB 0/35- PC 37) -- -- LOT 21 -- AL TON A. MILLER LOTS 22 & 23, BLOCK A CP//v.- /487-43'-2716 LOT 23 (08 J62~ PC 1488) -- -- LOT 24 - LOT 25 At. TON A. MILLER L01S 24, 25, 26' &- 27, BLOCK A G'PIN: 1487-43-2711 (08 3629, PC 1488) ,) .?~ ,~ . .j KENNETH A. HALL FAM/L Y L/MIlFO PARTNERSHIP CPIN: 1487-43-479/ INST. Na 200408180137332 (DB 3606, PG 76) AREA: 2800 AC ,1 ,~t> ,.,!J . . ... '" ... ," ... ~~ . .~ ,~ + ~. ... \ -:l TELEPHONE L1N~ AND ... FIBEROPTlC CA LE ENCROACH MEN ~ ~ ~2'X2' FLAT VAULT BOX l' DEEP ~\~~, \ I . MSAJ>.C. Landscape Archil:eeture . Pbnning Surveying. Engineering Environmental Sciences 5033 ROUSH ORIVE, viRGTNTA BEACH, VA 2:J.U2.3'7Oll PHONE (757) +90.926+ FAX (757) 49B.lll\:J4. ENCROACHMENT PLAT OF TELEPHONE LINE AND FIBEROPTIC CABLE ACROSS BUTTERNUT LANE VIRGINIA BEACH, VIRGINIA MAY 5, 2005 PROJ. NO.: 00017H DATE; 5/05/05 SCALE: 1 "-40' EXHIBIT "B" EXH lB\1 \\e;" ~~-(J , ~6 , . .,'41 .' ":",,.. I '~47 . .," .\ ,,~ ~. .! . .KENNETH A- IiAL!. .1 ..I FAMIL Y LIMITED PARTNERSHlP GPIp! /487-43-4791 INS!. Nq. 200408180131332 ..\.~ .'''(db 3606, PC 76) AREA= 2800 AC 1 .,~ I ,.rI' . .) .. . ' ~~ \.? . f:lt~ oJ>f- . ENCROACHMENT PLAT OF TELEPHONE LINE AND FIBEROPTIC CABL ACROSS SPRUCE STREET VIRGINIA 8EACH~ VIRGINIA MAY 5, 2005 ;.? ..;,.3 41ERl~T S7N~ (4ffJ ". .. - - LOT 2 I4RCINIA rr. CORNICK GPIN: /487-43-7783 LOTS 1-/0 &- 12-17 LOT 3 (08 3481, PC 440) (MB 0138, PC 37) LOT 4 'TELEPHONE LINE AND FIBERQP]C C4.BLE CROACHMENT LOT 5 -- 2 X2' FLA T VAULT BOX 1 t DEEP II l\fSA~.C. Landscape Arcltiteelure . Planning Swveying . Engineering Environmental Sciences ~()jj ROUSIi: nrUVIr, V'n~Cl'N1A BlOAcn, VA Z~3108 mON.B (7)7) iOO-92D+ F A,1( 11.57) .9l).~ PROJ. NO.: 00017H DATE: 5/05/05 SCALE: 1" 4Q' EXHIBIT "e" ~HI 1 \16" 24 r-------. 1 l I 1-'" ...- . .- ! 2'X2' VA~L T BOX-1' fi>EEP , EX/STlNC CROUNIJ 16 4.67' - 4n CONDUIT FOR TELEPHONE LINE AND FI8EROPilC CABL , ~ 8" :A r .r~ 10'! 01 FM 11) I rD I I , i. o o an CI j SS , I I);) ~ ~ ~ ~ BUTTERNUT LANE ENCROACHMENT PLAT OF TELEPHONE LINE AND FIBEROPTIC CABLE ACROSS BUTTERNUT LANE & SPRUCE STREET VIRGINIA BEACH, VIRGINIA MA Y 5, 2005 24 i---q--n- 16 2'X2' VAULT BOX-l' DEEP 66.04' - 4" CONDUIT FOR TELEPHONE LINE AND FIBEROPTlC CABL ro 'to 8 'WATER 8 ..-....---.---.-------.-. o i I -'j I I I i ~."".",,", ....,.......,.........,,__....v.................... ~ ~ ""- " ~ ..... SPRUCE STREET . MSA.. P~C. Landscape Architeeture . Planning Swve~ng.Engmeering Environmental Sciences ~ 5OJ3 ROUSE DRIVE, v'mGINIA lmACH, V A. 2H~2.n08 l'HONI<: \157) 490.926& FAX: \1S7) ,~, PROJ. NO.: 00017H DATE: 5/05/05 SCALE: 1" = 50' ----------------, Butternut Lane "'--- - ----- -::;::::::::::: l.e7-44-8442 , 148H+-.. 1487-44-3321 C2 CI . VIRGINIA BEACH BLVD. NORFOLK & SOUTHERN RR R/W BONNEY RD. LOCATION MAP THE KENNETH A. HALL FAMILY LIMITED PARTNERSHIP ENCROACHMENT REQUEST FOR A TELEPHONE LINE ACROSS BUTTERNUT LANE AND SPRUCE STREET, AND A TELEPHONE PEDESTAL IN BUTTERNUT LANE ,487 GPINS 1487-43-1975, 1487-43-4791 (F.K.A. 1487-43-4901) AND 1487-43-7783 SCALE: 1" = 200' KENNETH HALLDGN M.j.S, PREPARED BY P;W ENG, CADD DEPT, APRIL 14,2005 - 25 - Item V-L3. RESOLUTION/ORDINANCES ITEM # 54018 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT / APPROPRIATE $507,998 in state,Jederal and gift fund revenues to the FY Human Services Operating Budget re additional mental health, substance abuse and mental retardation services Voting: 11-0 (By Consent) 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 June 7, 2005 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE $507,998 IN STATE, FEDERAL, AND GIFT FUND REVENUES TO THE FY 2004-05 DEPARTMENT OF HUMAN SERVICES OPERATING BUDGET TO PROVIDE ADDITIONAL MENTAL HEALTH, SUBSTANCE ABUSE, AND MENTAL RETARDATION SERVICES 9 WHEREAS, additional funds from numerous sources are 10 available to the Department of Human Services to provide mental 11 health, mental retardation, and substance abuse services; 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 1. That $192,768 in additional state revenue is hereby 15 accepted and appropriated to the FY 2004-05 Department of Human 16 Services budget to provide critical services for young juvenile 17 offenders and medically fragile adults with mental retardation, to 18 purchase a wheelchair and medical equipment for a consumer, and to 19 provide department specific disaster preparedness 20 planning/training, with state revenue hereby increased accordingly. 21 2. That $8,676 In additional federal revenue is hereby 22 accepted and appropriated to the FY 2004-05 Department of Human 23 Services Budget for a 0.5 FTE to begin Mental Health PATH program 24 expansion to serve the homeless population with mental health and 25 substance abuse problems, with federal revenue hereby increased 26 accordingly. 27 3. That $32,090 in Alzheimer's Association grant funds, 28 Knights of Virginia Assisting Citizens with Mental Retardation 29 grant funds, and additional Mental Retardation gift fund 30 contributions are hereby accepted and appropriated to the FY 2004- 31 05 Department of Human Services budget to provide respite 32 reimbursement for families caring for members with Alzheimer's 33 Disease, ten computers and a variety of assistive software devices 34 to serve Skillquest clients, and to purchase items for the 35 Skillquest Memorial Garden, with gift fund revenue hereby increased 36 accordingly. 37 4. That $208,268 in additional Medicaid Revenue and 38 $66,196 in additional Self-Pay Client Fees are hereby accepted and 39 appropriated to the FY 2004-05 Department of Human Services budget 40 to provide services for medically fragile persons with Mental 41 Retardation at the Intermediate Care Facility, for persons with 42 Mental Retardation residing in Supported Living Homes, and for 43 family support services through Play and Leisure Skills Center, 44 with Medicaid revenue hereby increased accordingly. 45 5. That a 0.5 FTE, federally funded Clinician I 46 position is hereby established In the FY 2004-05 Department of 47 Human Services budget. 48 Adopted by the Council of the City of Virginia Beach, 49 Virginia, on the 7th day of June , 2005. 50 Requires an affirmative vote by a majority of the members of City 51 Council. Approved As to Content: Approved As To Legal SU~Jj; frfM City Attorney's Office ~ c. ~A 1);18 Management Services CA9614 P&A/GG/ORDRES/DHS Budget.ORD R-3 May 26, 2005 - 26- Item V-I. 4. RESOLUTION/ORDINANCES ITEM # 54019 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to APPROPRIATE $36,351 from Cost Recovery Revenue and to ACCEPT and APPROPRIATE $6,253 from Fire Department Gift Fund to the Department's FY 2004-2005 Operating Budget re various costs and fire programs and increasing revenue accordingly. Voting: 11-0 (By Consent) 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 June 7, 2005 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $36,351 FROM COST RECOVERY REVENUE AND TO ACCEPT AND APPROPRIATE $6,253 FROM THE FIRE DEPARTMENT GIFT FUND TO THE FIRE DEPARTMENT'S FY 2004-05 OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 1) That $36,351 in cost recovery revenue is hereby 10 appropriated to the Fire Department's FY 2004-05 Operating 11 Budget for reimbursement of various costs, with miscellaneous 12 revenue increased accordingly. 13 2) That $6,253 in additional gift fund revenue is hereby 14 accepted and appropriated to the Fire Department's FY 2004-05 15 Operating Budget to support several fire programs with gift fund 16 revenue increased accordingly. 17 Adopted by the Council of the City of Virginia Beach, 18 Virginia on the 7th day of June ,2005. Approved As to Content: Approved As To Legal Sufficiency: ~ c Il~~ r /);4J3 , " Management Servlces -UJ ~ M f1J City Attorney's Office CA9629 PA/GG/ORDRES/Fire Dept. Budget Ord R-2 May 26, 2005 -27- Item V-L5a/b1c. RESOLUTION/ORDINANCES ITEM # 54020 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to APPROPRIATE $799,237 to FY 2005-06 Human Services Operating Budget and to provide eight (8) full-time positions as follows: a One time state general fund revenue b State Supreme Court IMedicaid revenue c Additional fee revenue $ 173,109 $ 480,128 $ 146,000 Voting: 11-0 (By Consent) 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 June 7, 2005 _mJ 1 AN ORDINANCE TO APPROPRIATE $799,237 IN STATE 2 AND FEE REVENUES TO THE FY 2005-06 DEPARTMENT 3 OF HUMAN SERVICES OPERATING BUDGET TO PROVIDE 4 ADDITIONAL MENTAL HEALTH AND SUBSTANCE ABUSE 5 SERVICES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 1. That $799,237 is hereby appropriated to the FY 2005- 10 06 Department of Human Service Operating Budget to provide critical 11 crisis services to persons with co-occurring substance abuse and 12 mental disorders, requiring medically monitored detoxification and 13 intensive emergency crisis intervention and stabilization, with the 14 following revenue sources hereby increased accordingly: 15 a. $173,109 in one-time state general fund revenue. 16 b. $480,128 In State Supreme Court and Medicaid revenue. 17 c. $146,000 in additional fee revenue. 18 2. That 8.00 full-time positions are hereby established 19 in the FY 2005-06 Department of Human Services budget. 20 3. That the expanded Recovery Center program shall be 21 evaluated at the end of FY 2005-06 and FY 2006-07 for self- 22 sufficiency, sustainability, and non-reliance on City general fund 23 revenue. 24 Adopted by the Council of the City of Virginia Beach, 25 Virginia, on the 7th day of June , 2005. 26 Requires an affirmative vote by a majority of the members of City 27 Council. Approved As to Content: CA9630 pa/gg/ordres/mental health svcs ord R-1 June 1, 2005 Approved As To Legal Sufficiency: ~~~e - 28- Item V-I. 6 RESOLUTION/ORDINANCES ITEM # 54021 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $5,000 in Gift Fund Revenue to the 2004-2005 Public Libraries Operating Budget re replacing conference room chairs in the Central Library Voting: 11-0 (By Consent) 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 June 7, 2005 1 AN ORDINANCE AUTHORIZING ONE 2 ADDITIONAL FULL-TIME POSITION AND 3 ELIMINATING TWO PART-TIME FTE's IN 4 THE FY 2005-06 OPERATING BUDGET OF 5 THE LIBRARY DEPARTMENT TO STABILIZE 6 STAFFING AT THE KEMPSVILLE LIBRARY 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 1. That one full-time Library Information Specialist I 10 position is added to, and two part-time Library Information 11 Specialist I positions are eliminated from, the FY 2005-06 12 Operating Budget of the Library Department to stabilize staffing at 13 the Kempsville Library. 14 2 . That this ordinance shall be effective on July 1, 2005. 15 Adopted by the Council of the City of Virginia Beach, Virginia 16 on the 7th day of June 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~ L /J~ tv}JAjJ Department of Mana~ement Services Clty CA 9625 PA!GG!ORDRES!Kemps. Library Staffing ORD R-l May 24, 2005 - 29- Item V-I. 7. RESOLUTION/ORDINANCES ITEM # 54022 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to REVISE categorical appropriations for School's re additional State / other revenue: a. Reduce Instruction b. Reduce Attendance and Health c. Reduce Pupil Transportation d. Reduce Operations and Maintenance $15,708,066 $ 534,949 $ 1,988,071 $ 4,809,444 AND, APPROPRIATE thefollowing: a. School Grants b. Athletic Special Revenue c, Instructional Technology d. Vending Operations e, Textbook Fund $ 183,786 $ 242,731 $ 1,748,680 $ 31,000 $ 2,091,882 Voting: 11-0 (By Consent) 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 June 7, 2005 1 AN ORDINANCE TO REVISE CATEGORICAL 2 APPROPRIATIONS FOR THE SCHOOL OPERATING 3 FUND AND AMEND THE CITY'S FY 2005-06 4 OPERATING BUDGET TO APPROPRIATE 5 $4,298,079 IN ADDITIONAL REVENUE 6 7 WHEREAS, the City's FY 2005-06 Operating Budget as 8 approved by City Council on May 10, 2005, required the Schools 9 to reduce the Schools' FY 2005-06 Operating Budget by 10 $23,040,530; and 11 WHEREAS, $4,298,079 in additional state and local 12 funds are available to the Virginia Beach City Public Schools 13 for grants and other special purposes; and 14 WHEREAS, a resolution to revise the categorical 15 appropriations in the School Operating Fund and to appropriate 16 additional funds to the Schools grant and other special revenue 17 funds was approved by the School Board on May 17, 2005. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 19 CITY OF VIRGINIA BEACH, VIRGINIA: 20 1. That the City Council reduction of $23,040,530 is 21 hereby allocated to the following categories in the FY 2005-06 22 School Operating Budget: 23 (a) appropriations to the Instruction category are 24 decreased by $15,708,066, resulting in a total appropriation of 25 $477,897,715; 26 (b) appropriations to the Administration, Attendance 27 and Health category are decreased by $534,949, resulting in a 28 total appropriation of $20,913,234; 29 (c) appropriations to the Pupil Transportation 30 category are decreased by $1,988,071, resulting in a total 31 appropriation of $26,058,974; and 32 (d) appropriations to the Operations and Maintenance 33 category are decreased by $4,809,444, resulting in a total 34 appropriation of $77,542,313. 35 2. That $4,105,390 in additional local revenue, 39 $123,683 in additional state revenue, and $69,006 in other revenue are hereby appropriated to the FY 2005-06 School Budget, to the following funds in the following manner: $183,786 to the School Grants Fund, $242,731 to the School Athletic Special Revenue Fund, $1,748,680 to the School 36 37 38 40 41 Instructional Technology Fund, $31,000 to the School Vending 42 Operations Fund, and $2,091,882 to the School Textbook Fund. 43 Local and state revenue are increased accordingly. 44 Adopted by the Council of the City of Virginia Beach, 45 Virginia, on the 7th day of June , 2005. 46 Requires an affirmative vote by a majority of the members of 47 City Council. Approved As to Content: Approved As To Legal TJ57j;:fI. N~' City Attorney's Office j:J~(1 ~ Management Services CA9627 PA!GG!ORDRES!Revised School Budget ORD R-3 May 31, 2005 BUDGET RESOLUTION WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire community, is to ensure that each student is empowered with the knowledge and skills necessary to meet the challenges of the future; and WHEREAS, the School Board has adopted a comprehensive strategic plan and school improvement priorities to guide budgetary decisions; and WHEREAS, the School Board has studied the recommended School Operating Budget in view of state and federal requirements, additional demands for space and operations, the strategic plan, priorities, expectations, competitive compensation for employees and the best educational interests of its students; and WHEREAS, the total funds ~vailab1e for FY 2005/06 from the City of Virginia Beach to Virginia Beach City Public Schools under the Revenue Sharing Policy after the real estate rate reduction is $327,223,360; and WHEREAS, these funds are to be used for school Debt Service payments, cash funding of the Capital Improvement Programs (CIP), Operating Budget Support; and WHEREAS, the debt service payment is estimated to be $40,912,433 leaving a balance of $286,310,927 to allocate between the Operating Budget and the Capital Improvement Program; now, therefore, be it RESOLVED: That the $286,310,927 be allocated as follows: $ 268,713,519 to the Operating Budget, and $ 17,597,408 to the Capital Improvement Program (CIP); and be it further RESOLVED: That the Virginia Beach City School Board requests a categorical appropriation of $ 602,412,236 for FY 2005/06 from the City Council of Virginia Beach for the 2005/06 - 2006-07 Biennial School Operating Budget, as outlined by category: Instruction $ 477,897,715 Administration, Attendance and Health 20,913,234 Pupil Transportation 26,058,974 Operations and Maintenance 77,542,313 and be it further RESOLVED: That the Virginia Beach City School Board requests an appropriation of $105,224,766 for special grants, and other special revenue funds, for the 2005-2006 fiscal year; and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board this 17th day of May, 2005 SEAL Daniel D. Edwards, Chairman Attest: Dianne Page Alexander, Clerk of the Board +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Daniel D, Edwards Chairman District 1 - Centerville 1513 Beachview Drive V A Beach, V A 23464 495-3551 (h). 717-0259 (cell) Sandra Smith-Jones Vice Chairman District 2 - Kempsville 705 Rock Creek Court V A Beach, V A 23462 490-8167 (h) Rita Sweet Bellitto At-Large P.O. Box 64909 VA Beach, VA 23467 418-0960 (h) Jane S, Brooks District 6 - Beach 721 Hilltop Road VA Beach, V A 23454 425-1597 (h) Emma L "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive V A Beach, VA 23452 340-8911 (h) Edward F. Fissinger, Sr. At-Large 412 Becton Place V A Beach, V A 23452 486-4567 (h) Dan R. Lowe District 4 - Bayside 4617 Red Coat Road V A Beach, V A 23455 490-3681 (h) Michael W. Stewart District 3 - Rose Hall 105 Brentwood Court V A Beach, V A 23452 498-4303 (h) . 445-4637 (w) Arthur T, Tate At-Large 1709 Ladysmith Mews V A Beach, V A 23455 460-5451 (h) Carolyn D. Weems At-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Lois S. Williams, Ph.D. District 7 - Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 233-0891 (w) SUPERINTENDENT Timothy R, Jenney, Ph,D, 2512 George Mason Drive VA Beach, VA 23456 263-1007 May 24, 2005 ,tv The Honorable Meyera Oberndorf, Mayor Members of City Council City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Dear Mayor Oberndorf and Members of City Council: The Virginia Beach public schools' operating budget with $602 million for fiscal year 2005-2006 was approved by the School Board on Tuesday, May 17. This spending plan reflects a $23 million reduction from the proposal originally submitted to City Council in March. While the School Board understands and appreciates City Council's -determination to roll back the real estate tax because of its commitment to provide the citizens of this city much needed relief from rising real estate assessments, we feel that Council should understand exactly how the school system executed this reduction. You need to know what was given up, what won't be accomplished, and what we will be accomplishing within the new budgetary parameters. Before I outline this specifically, I feel it important that we clarify a key point. Even with the cut, Virginia Beach City Public Schools' operating budget will increase $26.7 million - $14.4 million from the state and $12.3 from the City. This fact has prompted some to ask: If our budget is increasing $26.7 million, why can't that amount or most of it be dedicated to preserving the 7 percent salary increase originally proposed by the School Board? In answer, in a school system of this size each 1 percent given in a salary increase requires an outlay of $4.1 million. Even if we dedicated all $26.7 million toward the salary increase, that wouldn't pay the bill for a 7 percent increase. Salary increase aside, it will also cost another $4 million to increase the employee health care subsidy as originally planned, and still another $4 million to address the increase in the Virginia Retirement System (VRS) rate. As you can see, it will take almost all of the $26 million increase to give employ,ees a reasonable raise, adjust their health care subsidy to attempt to minimize disparity with the city and underwrite the increased costs VRS is implementing. In summary, there was very little additional discretionary money left over to address other pressing needs, such as the highly inflationary costs of fuel, for example. School Administration Building . 2512 George Mason Drive . p.o, Box 6038 . Virginia Beach, VA 23456-0038 The Honorable Meyera Oberndorf, Mayor Members of City Council May 24, 2005 Page 2 of 3 When the School Board sent its initial budget proposal to City Council in March, it contained some very ambitious programs designed to take Virginia Beach City Public Schools further down the road to world class status. These programs included a class size reduction initiative at the fourth and fifth grade level. We proceeded in this manner because the state's K-3 initiative has resulted in smaller class sizes in the lower primary grades and it was our collective feeling, supported by research, that it would be beneficial to extend that reduction to grades four and five. Other initiatives in that original budget included: improved baselines to provide an adequate replacement cycle for buses and vehicles, office equipment and musical instruments; additional security positions for after school high school activities, bus drivers and special education teacher assistants; an increase in allocations to schools for additional supplies; and an increase in the maintenance and ground services areas. Obviously, the elimination of $23 million mandated that the School Board revisit the budget. The end result of that discussion was a decision to trim the recommended employee raise from 7 percent to 4.5 percent of the employees' base salaries by reducing the amount of employer support of health insurance premiums. The resulting increase in the healthcare subsidy was reduced from $4,430 proposed in March to $4,100 - an increase of only 6.4 percent. The only enhancements to programs for children that were retained in the new operating budget were the Extended Day Program at Bettie F. Williams and Newtown Road elementary schools and establishment of a Global Studies and World Languages Academy at Tallwood High School. The Board retained these two initiatives because it believes both represent important ways to enhance learning at the elementary level and student engagement at the high school level. As you may be aware, there is now significant discussion at the national level on high school reform. We feel we are ahead of the curve in this regard with our seven high school academy programs designed to create opportunities that better serve our students in preparation for college and even a desired career field. The Extended Day Program, developed with collaboration with Parks and Recreation, will serve the two elementary schools that have the highest number of school children in the free and reduced price lunch. All other program improvements had to be discarded. The current funding level cannot provide the extra teaching positions needed for a class size reduction initiative. It cannot provide the additional specialty positions-special education teaching assistants, psychologists, social workers and an audiologist-- that were originally included to meet some of the needs that children are now bringing to school. It cannot accommodate the additional security assistants requested for after school activities at the high schools. It cannot accommodate the augmentation of baselines for buses, vehicles, musical instruments and other equipment. We will once again be forced to rely on year-end monies to accomplish that goal, which we all realize is not the best way to do business. The Board acknowledges that a philosophy of fiscal conservatism is prevalent in this community. Consequently, there are those who feel quite strongly that the operating budget of the city government and its school system should support that desire. In other words, they voice the opinion that little or no growth should take place in the operating budgets. Citizens express this in language that stresses "priorities," "tough choices," and "streamlining," The School Board does have a responsibility to its taxpayers and we understand the perception that in an era of declining enrollment our needs should reflect that trend. However, there is wisdom in strategic investment. Virginia Beach is a better city because of your commitment to intelligently leveraging your investments. The The Honorable Meyera Oberndorf, Mayor Members of City Council May 24, 2005 Page 3 of 3 School Board strongly believes there is also wisdom in consciously choosing to expand your per pupil expenditure - beyond the current level that finds Virginia Beach ranking dead last in Hampton Roads and 45th in the state. However, your school system operates under very different conditions. With personnel costs requiring 85 percent of the school operating budget (as compared to less than 50 percent of the City operating budget), it is virtually impossible to provide the quality of programs and services the citizens have come to expect from the school system without increases in salaries and benefits for those who provide and support those programs and services. We maintain recurring replacement that should be in the operating budget through judicious use of reversions and actual over budget funds that must be requested to be reprogrammed back to us. Our capital needs just can't be met. We demonstrate over and over that Virginia Beach children are coming to us with more needs than ever before as witnessed by a rising special education population and a rising number of children on free and reduced price lunch. We explain constantly that we are operating in an environment of increasing federal and state regulation that increases costs, be that regulation the Standards of Quality, the Standards of Learning or No Child Left Behind. Virginia Beach City Public Schools has provided this city a worthy return on its investment and this fact should be taken into account. We look forward to working with our city government more strategically in fiscal year 2005-2006 as we both strive to ensure our children stay "Ahead of the Curve. Sincerely, 2LR~~ Daniel D. Edwards School Board Chairman Attachment CC: Members, School Board, Virginia Beach City Public Schools Dr. Timothy R. Jenney, Superintendent, Virginia Beach City Public Schools '-Mr. James K. Spore, City Manager, City of Virginia Beach - 30- Item V-L8.a-f RESOLUTION/ORDINANCES ITEM # 54023 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: EMS Permits for annual renewal: a. Eastern Shore Ambulance b, Nightingale Regional Air Ambulance c. Network Medical d. Children's Hospital of the King's Daughters e, Medical Transport f, Lifeline Ambulance Service. Inc. Voting: 11-0 (By Consent) 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 June 7, 2005 CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Eastern Shore Ambulance VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport (Non- Emergency- Unrestricted and Emergency-Restricted) ADDRESS: P.O. Box 6 8426 Sugarhill Lane Sanford, V A 23426 PHONE: 787-824-5858 PRESIDENT: Dennis Taylor VICE PRESIDENT: Margaret A. Taylor NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergencv Medical Services 1990 as amended? E:fYES 0 NO ~ n ..r-.-......~ t , ,!' .-1 LJ.....-~_....,~'"' /) j/u.t. c::_~ t' (1 7i<f(1/;. . Name/Title !, Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Nightingale Regional Air Ambulance VIRGINIA OFFICE OF EMS AGENCY NUMBER: 509 EXPIRES: r dJo, Air Ambulance (Emergency- Restricted) ~"" VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: 600 Gresham Drive Norfolk, VA 23507 PHONE: 668-2500 PRESIDENT: David Bernd MANAGER: Kathy Colantuono r--:-, NUMBER OF PERMITTED VEHICLES BY TYPE: -"'- COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergencv Medical Services 1990 as amended? 'ff YES D NO '(L /i ,/ c a~ t.t~~. (j-.ld-iL,-u-dlL{) ame/Title Jl1..-tL/>'Ul_g'--t_ j it / I d..-/ ~d 6-- Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Network Medical VIRGINIA OFFICE OF EMS AGENCY NUMBER: CO?,&- ~ EXPIRES: ()~/ DC, VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Non-transport ADDRESS: 1533 Technology Drive Chesapeake, Va 23320 PHONE: 757-285-3236 PRESIDENT: Norman Poole VICE PRESIDENT: Susan Poole NUMBER OF PERMITTED VEHICLES BY TYPE: / !JrJ7!3i)C- /I /l/e c- COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? ,/.;\TES / le/;;'))/ Na~~1;&/#Z{ t:r1[ /A'CS oNO (lwfrA;..- ./ / Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Children's Hospital of the King's Daughters VIRGINIA OFFICE OF EMS AGENCY NUMBER: 315 EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport (Inter-facility Emergency and Non-emergency) ADDRESS: 601 Children's Lane Norfolk, V A 23507 PHONE: 668-7453 MANAGER: Roger Vaughan NUMBER OF PERMITTED VEHICLES BY TYPE: 3 ~uNP AM8\')I.ANL.E - Al.S COMMENTS: ADDI-nON~ \- CbN'iN.-'T ~"50N ~ QH RIS'''n:>PHel2- CANNON OPeR.kT\oN S Ce>oR,[;)\N kro R..... (0) 6bg-'l~g lp) "''''5-31'\0 Does your agency comply with the minimum requirements as set forth in the Rules and Re2ulations of the Board of Health Commonwealth of Vir2inia Governin2 Emer2encv Medical Services 1990 as amended? DYES C[RQ:) OOl<L. ~c.."'( C6MPl-\e;:s Z 't1R6'IN I A EM'S:. RE-6t)L.A-noNS 12. 'll\c.... 5'-31 €,,~""I"'E ::;MN. tS/2C03.. 4!~ -(l"'_~L Name/Title t)Fl:-RA'T'CN) CooR.CINArot?-.. A~/t- iiI. 2fX)5 I Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Medical Transport VIRGINIA OFFICE OF EMS AGENCY NUMBER: 308 EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport (Non -emergency- Unrestricted) and Emergency-Restricted) ADDRESS: 5792 Arrowhead Drive, Suite 200 Virginia Beach, V A 23462 PHONE: 671-9302 PRESIDENT: Donald Jellig MANAGER: Russell Blow NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Re2ulations of the Board of Health Commonwealth of Vir2inia Governin2 Emer2encv Medical Services 1990 as amended? 1ll YES 0 NO ,] ,t.<- O?";;-'-'-'- /./ ll/',;' Date (. Name/Title CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Lifeline Ambulance Service, Inc. VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport (N on- Emergency- Unrestricted and Emergency-Restricted) ADDRESS: 310 Bell Road Christiansburg, VA 24073 PHONE: 540-382-1044 PRESIDENT: James C. Jones, Jr. VICE PRESIDENT: C".f De-c-kc..(L NUMBER OF PERMITTED VEHICLES BY TYPE: -1::-14-/.' :2? ~b'& (~ COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergencv Medical Services 1990 as amended? ~YES 0 NO ;/....,-/._.:-., / /1'/// "/1c'~<::~~/ .'L/ ?/~~.....- .;..../ IL- J N arne/Title J /, I;:) -., __ l- v 'C e r /<.........e"""7' / () c::'\6 i . ./ / / .-.$ __ . C/.' () .r-- Date '\ ,,;/" '. '.I) /. ---.'} c/'-I? , )'<a~<AL~ /~L :/ -..- - 31 - Item V-L9. RESOLUTION/ORDINANCES ITEM # 54024 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AUTHORIZE one additional full-time position and ELIMINATE two part-time employee's re stabilizing staffing at the Kempsville Library Voting: 11-0 (By Consent) 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 June 7, 2005 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $5,000 2 IN GIFT FUND REVENUE TO THE FY 2004-05 3 DEPARTMENT OF PUBLIC LIBRARIES OPERATING 4 BUDGET TO REPLACE CONFERENCE ROOM CHAIRS IN 5 THE CENTRAL LIBRARY 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That $5,000 in additional gift fund revenue from the 10 Friends of Virginia Beach Library is hereby accepted and 11 appropriated to the FY 2004-05 Department of Public Libraries 12 budget to replace conference room chairs, with gift fund revenue 13 hereby increased accordingly. 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia, on the 7th day 0:: June , 2005. 16 Requires an affirmative vote by a majority of the members of City 17 Council. L c. T1~:;;" r i)/f8 Management Services Approved As To Legal Sufficiency: (JJ~ N.&) City Attorney's Office Approved As to Content: CA9626 PA/GG/ORDRES/Library Conf Room Chairs.Ord R-2 May 25, 2005 - 32- Item V-J. APPOINTMENTS ITEM #54025 BY CONSENSUS, City Council RESCHEDULED: ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION HEALTH SERVICES ADVISORY BOARD CHESAPEAKE ALCOHOL SAFETY ACTION PROGRAM HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE SUBCOMMITTEE PARKS AND RECREATION COMMISSION SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD June 7, 2005 - 33- Item V-K. ITEM #54026 Mayor Oberndorfstated because the City Council did not complete the discussion of the items on its previous Closed Session, the City Council will reconvene into Closed Session after the Public Comments session. For that reason, rather than adjourning the meeting, the Chair will recess the meeting and the City Council will reconvene in the City Manager's Conference Roomfor the purpose offinishing the Closing Session, after which City Council will adjourn from the Conference Room. Mayor Meyera E, Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL 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). To Wit: Appointments: Boards and Commissions: Arts and Humanities Commission Beaches and Waterways Commission Hampton Roads Economic Development Alliance Health Services Advisory Board Investment Partnership Advisory Committee Minority Business Council Open Space Subcommittee Parks and Recreation Commission Shore Drive Advisory Committee Towing Advisory Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for owners hip by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property: Beach District Rose Hall PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community pursuant to Section 2.2-3711 (A)(5) Potential EDIP Award to Business not Previously Announced Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION (6:29 P.M.) - after the Public Comment Session. Closed Session: 7:06 P.M. to 7:59 P.M. June 7, 2005 - 34- Item V-K. ITEM #54026 (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 Councilman Villanueva had to leave at 6:30 P,M. June 7, 2005 - 35 - Item V-L. ITEM #54027 CERTIFICATION OF CLOSED SESSION Upon motion by Councilman Diezel, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS (7:59 P.M.). Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox, Jim Reeve and Ron A. Villanueva June 7, 2005 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 #54026, page 33, 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. June 7, 2005 - 36- Item V-M. ADJOURNMENT ITEM # 54028 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:00 P.M. ~_.a~~tL~____ B;:~;l;-?;. Hooks, CMC Chief Deputy City Clerk - rh Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 7, 2005 - 37- PUBLIC COMMENTS Non Agenda Items Richard Dozier, 1301 Kingsway Drive, Chesapeake, Virginia, Phone: 563-0202, owner of A-I Cab and part owner of Beach Taxi. His family has operated taxi cabs in Virginia Beach for fifty (50) years. Mr. Dozier referenced correspondence from Catheryn Whitesell, Director of Management Services, advising on November 9, 2004, the City Council authorized a temporary surcharge for the taxi companies to charge 25~ per trip. The provision was related to the rise in gasoline prices, The surcharge expired as of May 9, 2005, Gas prices have almost doubled. Mr. Dozier requested approval of 25~ per 1/8 mile, Mr. Dozier said none of the taxi cab drivers had charged this surcharge. City Staff will study this matter and contact Mr. Dozier when a recommendation is determined. Ellen Grainger, 2524 Hidden Shores Drive #102, Phone: 502-4885, Musical Director - The Beach Tones, senior volunteer chorus group. Mrs. Grainger distributed a petition requesting the Beach Tones be given a free volunteer pass to the Virginia Beach Recreation centers. The majority of the singers are in their seventies and eighties, all of whom must pay for membership in the Recreation facility, even though they only utilize a two-hour a week rehearsal. This would not affect the members who have lifetime memberships and afew who do utilize the recreation centers for other activities. Thirty-three (33) concerts have been presented in senior housing, assisted living, nursing homes, etcetera, One member comes from Chesapeake, Mary Cole, Parks and Recreation, advised there is a fee waiver program and this will be reviewed with the Group. Relative the rent of the rehearsal space, based on the rental fees and as several of the members have lifetime memberships, the Group declined this offer, A report shall be furnished to City Council. Charles Brockett, 4515 Mairfield Arc, Chesapeake, 23350, Phone: 686-9532, Administrator - Estate of grandfather, Charles A. Brockett. Mr, Brockett distributed information concerning this Estate, Mr. Brockett owned three (3) parcels of land at the time of his death, July 4, 1970, a total of69.42 acres. The City, without authorization or documentation changed the ownership of the property, which consequently created a taxproblem. This property, was at all relevant times, part of the City's land use program, Mr, Gideon requested the City provide some tax relief and that this land be re-assigned to the City's land use program. The City Manager will confer with the City Attorney to determine a solution and they will contact Mr. Brockett, William Bailey, 4841 Rosecraft Street, Phone: 495-0637, President - Virginia Beach Professional Firefighters, spoke relative 4-man staffing on fire trucks. President Bush has added $65-MILLION for the Staffing for Adequate Firemen and Emergency Response Grants. Last year, the Governor placed $1- MILLION in matching funds in the State Budget. The process has come full circle and applications for the federal grant are being accepted until June 28, 2005. The City needs to provide matching funds to qualify for this grant to employ the additional firefighters. June 7, 2005