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Home My WebLink AboutJANUARY 6, 1998 MINUTES "WORLD'S LARGEST RESORT CMV CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH, III, Virginia Beach Borough WILLIAM W. HARRISON, JR., Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At-Large LOUISA M. STRAYHORN, Kempsville Borough JAMES K. SPORE, City Manager CITY COUNCIL AGENDA 21111 (II(IRIIIIIUSL [IRIVL LESLIE L. LILLEY, City Attorney VIR(;INIA BFAI I I VIR(,INIA 214,% "I@@ RUTH HODGES SMITH, CMC/AAE, City Clerk January 6, 1998 I. BRIEFINGS - Conference Room - 11:00 AM A. HAMPTON ROADS CHAMBER OF COMMERCE SEATTLE, WASHINGTON, EXCHANGE TRIP Bruce Bradley, Chairman of the Board, HRCC B. VOLUNTEER COUNCIL ANNUAL REPORT Mary Russo, Coordinator Diane Roche, Executive Staff C. TARGET NEIGHBORHOODS - UPDATE Andrew M, Friedman, Director, Housing and Neighborhood Preservation II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber 2:00 PM A. CALL TO ORDER - Mayor Meyers E. Oberndorf B. INVOCATION: The Reverend Paul C. Bailey, D.D, Virginia Beach United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS December 16, 1997 G. AGENDA FOR FORMAIL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. ORDINANCE/RESOLUTION 1. Ordinance to authorize a temporary encroachment into a portion of an existing thirty-foot (30') utility easement at 909 Carothers Arch by William C. and Barbara S. Rice re constructing and maintaining an in-ground swimming pool. 2. Resolution to authorize the City Manager execute a modification of conditions contained in the Deed re property previously conveyed by the City of Virginia Beach (19 September 1996) to Old Dominion University Real Estate Foundation for the development of a comprehensive Higher Education Center. 3 . Tax refunds: $1,429.76 J. UNFINISHED BUSINESS K. NEW BUSINESS 1. ABSTRACT OF VOTES - SPECIAL ELECTION 16 DECEMBER 1997 L. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for @h, r),at) 12/30/97-cmd AGENDA\1-06-98 www.virginia-beach.va.us M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 6, 1998 Mayor Meyera E. Oberndorf called to order the BRIEFINGS in the Council Conference Room, City Hall Building, on January 6, 1998, at 11:30 A.M. (.'ouncil Members Present.- John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Ma'vor Meyera E. Oberndorf, Aiancy K. Parker and Louisa Al @tra-vhorn Council Members A bsent.- William W Harrison, Jr JEN7ERb-L) i@148P.M.1 Vice Mayor William D ;esyoms, Jr IENTFRFL) / -) 5 P A4. / BRIEFING VOLUNTEER COUNCIL ANNUAL REPORT 11:30 A.M. ITEM # 43032 Mary Russo - Coordinator - Volunteer Council, advised in April the Volunteer Council will be celebrating its twentieth anniversary. Mary Russo advised there are eight volunteers in her office, three of which are gentlemen working on the data base program, a retired Admiral's wife and a retired A T & T accountant liaison, as well as her assistant.- Doris Hindlin. Mrs. Russo displayed slides one of which depicted the Volunteer Council's Life Cycle. The Human Resource Department is coordinating with the Volunteer Council relative this Life Cycle. The thirty-three different departments are also working on this project with their Volunteer Co-Ordinators. This Life Cycle was also presented at the International Conference of Volunteer Administrators. Approximately 40 local government representatives attended the Workshop. Mrs. Russo has spoken with representatives from New Orleans and Chesterfield County, who were very impressed. A national organization is being established of Volunteer Administrators in local government. Mrs. Russo advised, as part of the process, she serves on the Human Resources Commons Policy Team; and, at present, is a member of their communications subcommittee. She also serves on the Quality Educationfor Lifelong Learning and extended appreciation to the City Manager for the opportunity to serve recognizing even though she is a Volunteer, she is still staff. Mrs. Russo outlined the Achievements and Work in Progress of the Volunteer Council: Increased volunteer Participation 20% increase in number of volunteers Improved Recruitment Compiledjob descriptions for all volunteer positions (encompassing over 175job descriptions) Advertise all Volunteer opportunities on the City's website Revised application form Increased follow-up on applicants by 27% Increased quantity and quality of internship placements Established Volunteer as Military Liaison to recruit volunteers from the military community Saved 34% in cost through alternative distribution methods for advertising/recruiling. Increased monthly advertisements and articles in City and regional publications. Participated in Presidents' Summit on America's Future Virginia Beach Delegation to Philadelphia Summit Compiled Best Practices - List of Volunteer Opportunities Hosted successful annual luncheon for Volunteer Coordinators Conducted training workshops with the Virginia Office of Volunteerism Volunteer Council's 20th Anniversary celebration Hampton Roads' Alliance for Youth Represented the City of Virginia Beach on Steering Committee for the Youth Celebration Summit and the Mayor's Summit on Youth. International Volunteer Administrators Conference Department Volunteer Coordinators Attended in October Volunteer Council made a Presentation on Program Marine Science Museum was an off-site tour/program Volunteer Job Description Handbook Handbook of nearly 200 job descriptions to be available in each area library. 3 BRIEFING VOLUNTEER COUNCIL ANNUAL REPORT ITEM # 43032 (Continued) Job descriptions will eventually be online Volunteer Recruitment/Awareness Video New video to be completed in January, 1998 New Brochure/Publicity New brochure being designed pro bono by Cortani and Morrison Advertising Agency Increase positive newspaper articles providing high visibility Orientation Manual Orientation Manual for new volunteers ready for printing Diane Roche, Executive Staff - Volunteer Council referenced VIRGINIA EACH VOLUNTEER COUNCIL ANNUAL COMPARISON TO PREVIOUS YEAR YEAR NUMBER OF IIOURS WORKED DOLLAR VALUE VOLUNTEERS FY 95/96 8,594* 1,410,396 $14,833,644 FY 96/97 10,293* 1,564,190 $16,710,147 ANNUAL INCREASE 1,699 +153,794 +$ 1,876,503 % Increase +20% + 11% + 13% *=Calculated using the largevt quarterly total reported for the year. Thejob descriptions for Volunteer positions will be in all the libraries and eventually on the Internet.. Diane introduced Doris Hindlin who presented City Council with a mock check in the amount of $16,710,147 (value of the Volunteer program) on behalf of 10,293 volunteers This Volunteer Council Annual Report will also be presented during the Formal Session. Janua 6, 1998 - 4 BRIEFING TARGET NEIGHBORHOODS - UPDATE 9:30 A.M. ITEM # 43033 Mayor Oberndorf referenced the correspondence from Saul Ramirez, Deputy Director - HUD relative the $8-MILLION allocation to the City for Fiscal Year 1998-99. Andrew Friedman, Director - Housing and Neighborhood Preservation, advised this would be incorporated into the Department's budget proposal. Mr. Friedman advised in 1974 the Federal Government established the Community Development Block Grant Program which awarded funds to cities to assist low and moderate income citizens. The City decided to utilize those funds to assist residents of twelve (12) neighborhoods within the City, which were lacking certain basic public facilities and housing improvements. Mr. Friedman reviewed the location of the twelve TARGET neighborhoods on a map: Atlantic Park, Beechwood, Burion Station, Doyletown, Gracetown, Lake Smith, Mill Dam, Newlight, Newsome Farm, Queen City, Reedtown and Seatack. Neighborhood Status of Infrastructure Status of Housing Activities Expected Overall Completion Activities Date/Comments Atlantic Park Drainage improvements (CIP 7- The Target Neighborhood 020.38) are scheduled for Housing program was offered construction in 1st half of 1998 to all residents in 1995 and A project for a sidewalk on the 1996. All work is complere south side of Virginia Beach Boulevard from Oceana Blvd. to Birdneck is in the Traffic Safety Improvements CIP backlog. Beechwood Water, Sewer, Streets and Complete Completion ceremony has been Drainage completed it 1982 held Burton Station None planned Acquisition and relocation Pending Council action activities are on hold Doyletown Water, Sewer, Streets and Complete Completion ceremony has been Drainage were completed in held 1983 Gracetown Water, Sewer, completed in Complete Completion ceremony has been 1980. Streets and Drainage held completed in 1991 Lake Smith Water, Sewer, Streets and Complete Completion ceremony has been Drainage completed in 1986 held Mill Dam Water, Sewer, Streets and Complete Completion ceremony has been Drainage completed in 1986 held Newlight Water Sewer, Streets and Complete Completion ceremony has been Drainage completed in 1983 held. Newsome Farm Water & Sewer completed in Complete Completion ceremony has been 1981; streelts and drainage held completed in 1991 Queen City Water & Sewer complted in One house under construction Title & survey issues to be 1989. Final street project discussed by Council, January, completed in 1997. 1998. Completion ceremony will be planned for early 1998. Reedtown Water, Sewer, streets and Complete Completion ceremony has been Drainage, completed in 1988 held Seatack Water & Sewer completed Complete No completion ceremony will 1980. Streets and Drainage be held. Civic League agrees completed 1995 neighborhood is complete Janua 6, 1998 - 5 BRIEFING TARGET NEIGHBORHOODS - UPDATE ITEM # 42033 (Continued) There are no projects planned or underway that require the utilization of Community Development Block Grant Funds. Mr. Friedman advised they are now able to discuss with City Council the redirection of significant amounts of resources to other areas and other types of activities. In a few weeks (in early February), Mr. Friedman will be presenting City Council a transfer proposal to move certain funds and take advantage of some new opportunities addressing additional issues. The Citizens Advisory Committee continues only through August 30, 1998. Housing and Neighborhood Preservation is committed to create a new committee to advise the Department of Housing on the activities carried out utilizing federal funds. There are no areas in the City with the lack of streets, water, sewer and housing conditions which existed twenty-two years ago with the original TARGET neighborhoods. In 1992, City Council directed the Department of Public Utilities and Department of Housing and Neighborhood Preservation to work together on the Barberton area (a non-Target neighborhood) to provide utility improvements and housing to those areas. There are now urban neighborhoods with different needs. The programs that worked with the TARGET neighborhoods are not going to be sufficient for the needs of the new neighborhoods. The TARGET neighborhoods were essentially rural. While the TARGET neighborhoods were almost entirely owner occupied, many of the City's troubled neighborhoods today are predominately renter occupied. The $8-MILLION HUD allocation is primarily proposed for City-wide housing improvements. The Department currently funds a significant amount of the Code Enforcement program with the federal funds. The neighborhood service program, i.e. CARE and Youth Leadership Program, are funded with some of the federal funds. Where federal funds were utilized to construct water and sewer facilities, creation of new development, some of the fees are due back to the federal funds account. This occurred, for instance, in Newsome Farms. Some of the water and sewer facilities constructed in the TARGET neighborhoods were by the Water and Sewer Utility Fund and in those cases, there would not be any fees refundable. Relative the rural areas, Mr. Friedman advised it is extremely expensive and sometimes impossible, to rehabilitate a house if a septic field cannot be created. A few have been accomplished in the rural areas, but resulted in significant per unit cost. The City wide programs can assist any one in the City; however, the drainage problem for septic and bathroom alone is really prohibitive. The tradeoff probably would be five or six units rehabiliated in the northern part versus one in the southern. With limited resources, the urban areas are "targeted". There are two affordable housing programs funded through the Federal program: Section 8 Assistant Program: provides ongoing monthly subsidies for families. VBCDC: Community Development Corporations program of creating rental housing and making it available to low income citizens. The demographics of the neighborhoods have been studied. Overcrowding in housing is difficult to find. Information has been collected from the census and surveys. Mr. Friedman advised at least $12-MILLION of City funds has been expended in the TARGET neighborhoods, including the water and sewer fund and the Capital Projects fund for street drainage, water and sewer projects. Therefore the total amount expended in the TARGET neighborhoods is over $50- MILLION. Januarv 6, 1998 1 6 AGENDA REVIEW SESSION 12:12 P.M. ITEM # 43034 Council Members Baum and Henley expressed concern.: I.1. Ordinance to authorize a temporary encroachment into a portion of an existing thirty-foot (30) utility easement at 909 Carolthers Arch by William C. and Barbara S. Rice re constructing and maintaining an in-ground swimming pool. Council Lady Henley advised the staff has recommended denial. Jim Lawson, Real Estate, advised an attorney will be present to represent the applicant. The City Manager advised this application goes beyond the intent of the policy on encroachments and the ability to remove same within 30 days. Councilman Harrison inquired if specific engineering had been accomplished to actually locate the pipes in the utility easement. Clarence Warnstaff, Director of Public Utilities, advised the pipes had been located. The proposed in-ground pool appears to be within five feet of the sanitary sewer line, which averages 7 feet in depth. The construction of this encroachment would cause conflict for maintenance purposes. Therefore, the staff is recommending denial. The location of the utility line is near the centerline of the utility easement. ITEM # 43035 Councilman Jones requested a review during the Formal Session: I.2. Resolution to authorize the City Manager execute a modification of conditions contained in the Deed re property previously conveyed by the City of Virginia Beach (19 September 1996) to Old Dominion University Real Estate Foundation for the development of a comprehensive Higher Education Center. The City Attorney advised Assistant City Attorney Michael Nuckols will explain the modification of conditions. The General Counsel for Old Dominion University, Patrick Kelly will be in attendance. Janua?y 6, 1998 7 CITY COUNCIL CONCERNS 12:18 P.M. ITEM # 43036 Mayor Oberndorf referenced a telephone call from incoming Planning Commission Chair Betsy Atkinson on Monday, January 5, 1997. Mrs. Atkinson is anxious to work in harmony with the City Council and wishes to keep the lines of communication open. The Planning Commission will meet Monday, January 13, 1997, 3:00 P.M. at the Virginia Marine Science Museum, to determine at least three areas in which to chart their course for the benefit of the City. Chairman Atkinson requested consensus of the City Council regarding the three areas which they would prefer the Planning Commission study. The City Manager will reissue the questionnaires today and requested all Council Members respond by Friday. ITEM # 43037 Mayor Oberndorf and the City Manager advised the City Council would be polled concerning rescheduling the City Council Retreat to January 20, 1998, from 8:30 A.M. to 4:30 P. M. ITEM # 43038 Councilman Branch referenced correspondence to Mayor Oberndorf from L. A. Kimball - Executive Director of TRT and Jayne B. Whitney - Assistant Executive Director, requesting the City's support of a Resolutionfor a $7-MILLION approptiation from the State. Councilman Branch inquired of staff relative the utilization of the additional $7-MILLION. He had been advised some of these funds would be used for advanced acquisition of rail cars. If TRT is requesting State funds to anticipate future costs, then TRT is getting far ahead of the concept of a Referendum. The City Manager advised these were State funds which they hoped to receive to offset any local contribution that would be needed for the federal match of funds that had already received. These funds would not be used for pre-purchase of rail cars. None of these activities could occur until both Norfolk, Virginia Beach and the TRT Board have voted to approve the project. Mayor Oberndorf inquired who makes the ultimate decision of how the funds are expended. Could it be the TRT Board or Executive Director who could make the decision without a vote. If the State is like the City, no public funds can be utilized to lobby for a "yes" or "no" vote to any question on an Advisory Referendum. Mayor Oberndorf also requested information relative the number of new employees by job description. She believed one of the new employees was from Pennsylvania. Council Lady Strayhorn advised funding from State and Federal sources many times depends upon cycles upon which they petition. Northern Virginia receives a certain amount of funds every year for rail transit projects, maintenance and alternate transportation projects. The TRT wished to have funds similar to Northern Virginia if the Referendum was approved. Clarification is needed by Mr. Kimbell and Mrs. Whitney denoting the reasons for requesting the funds, when these funds can be used and for what purpose these funds would be utilized. Council Lady Strayhorn advised public funds would not be utilized to lobby for light rail. Councilman Harrison advised many on the City Council are supportive of the light rail system if the primary impetus is to also have rail transportation to the Naval Base and to the growth areas in Kempsville and Chesapeake along the I-64 Corridor. Councilman Harrison believed City Council requested, at the same time the Environmental Impact Study is conducted, a study of the North/South transportation link also be provided. Councilman Harrison requested information relative this study. Council Lady Henley advised the TRT Public Meeting conducted in December at the Higher Education Center in Virginia Beach was very well attended. Janua 6, 1998 8 CITY COUNCIL CONCERNS ITEM # 43038 (Continued) Council Lady Strayhorn advised there is an Environmental Impact Study being conducted, parts of which include the investigation of the routes requested dealing with the Naval Base. However, specific portions of the Environmental Impact Statement concern the Norfolk/Virginia Beach Route which was the original alignment. Council Lady Strayhorn advised an Environmental Impact Study for an alignment would have to be when the alignment is chosen. The alignment has not been chosen. Council Members Jones and Harrison believe the focus at this point appears to build a route from the Oceanfront to Downtown Norfolk. The focus to build a route to the Naval Base, which is a major benefit to the citizens, is not there. The whole project should be available for Referendum and not just a portion. Councilman Jones advised if the $7-MILLION that is being proposed is for the purpose of conducting the Environmental Impact Statement on those other two alternatives then he would not have any problem supporting same. Council Lady Strayhorn advised she had duly noted the questions and will advise TRT to respond. Councilman Heischober believed the sense of City Councils Resolution (ADOPTED December 17, 1996), affirming support for the Light Rail Major Investment Study, was to include alignment alternatives to the Norfolk Naval Base and the Norfolk International Airport. The East/West route would not be built without the North/South being built. They have to be done at the same time. Council Lady Henley did not believe construction is going to start on the total route at the same time. Council Lady Henley believes right-of-way, acquisition for both phases would begin at the same time. Mayor Oberndorf believes the alternative for going down near Rt. 44 and by the airport have been discarded, as TRT advised the land would be too expensive. Council Members Henley and Strayhorn advised this alternative had not been discarded. Council Lady Henley advised Alqvor Oberndorf the Study would entail a number of overpasses. Councilman Branch believed these overpasses were specifically listed in the Council's previous Resolution. Birdneck, First Colonial, and Lynnhaven and Rosemont. Council Lady Henley advised there are two definite overpasses, but TRT would advise which locations. Councilman Harrison referenced correspondence of the City Manager to the State Legislators concerning serious funding for a number of projects, the Hurricane Protection Project being one of them. Councilman Harrison is in support of $7-MILLION from Richmond for this project. Councilman Harrison expressed concern relative prioritizing. Council Lady Henley advised it was the transportation dollars that are allocated and Northern Virginia has been receiving the majority of that portion of the gas tax that is earmarked for mass transit. Councilman Baum requested an Executive Summary be prepared prior to the TRT presentation. Council Lady Parker inquired if these funds are expended and the project does not go through, are these funds required to be paid back. The City Manager advised grant funding has been received to study the Lynnhaven Parkway to include an option at the Great Neck Interchange. January 6, 1998 9 CITY COUNCIL CONCERNS ITEM # 43039 Council Lady Strayhorn referenced a special meeting for TRT on Monday, January 5, 1998. When Jim Echols retired as Executive Director, Mr. L. A. Kimball came in as interim leadership until the merger would be completed. His contract has now expired. He was working as a Consultant much lower in terms of cost for the Light Rail. It was believed that the cost of $40,000 for a Search Committee to decide upon a new Interim Director was not necessary. It was decided that instead of hiring an outside Director, a contract could be negotiated with Pentran to use Mr. Michael Townes as the Interim Executive Director. 7his would save funding as a full salary would not be required and Mr Townes is already knowledgeable of the merger situation. All of the City Mangers will be attending a meeting Wednesday to review the financial terms of the mergers. The cities are the ones responsible for the transportation funds. Mayor Oberndorf referenced the newspaper article which indicated financial problems within Pentram.. Council Lady Strayhorn advised it is not a matter of financial problems. It is a matter of whether or not there is or is not a policy of reserve. ITEM # 43040 Councilman Jones inquired relative the status of funding for the Ferry Farm House from the ISTEA funds. The City Manager will provide information. ITEM # 43041 Council Lady Parker referenced the correspondence from Dennis J. Borgerding, President - Salem Lakes Civic League dated January 4, 1998, which is hereby made a part of the record. This correspondence referenced the noise problem of the GTE/Virginia Beach Amphitheater.. The City Manager advised a report will be provided by the Amphitheater prior to the commencement of the season. Januat)) 6, 1998 - 10- ITEM # 43042 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, January 6, 1998, at 1:03 P.M. Council Members Present. John A. Baum, Linwood 0. Branch, Ili, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louiv R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nanci, K Parker and Louisa M Stravhorri Council Members Absent. Vice Mayor William D. Sevsoms, Jr. Janua 6, 1998 11 ITFM # 43043 Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discusvion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demtion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A)(1). To Wit. Appointments: Boards and Commissions Wetlands Board PUBLICLY-HELD PROPERTY: Discuvsion or consideration ofthe 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 2.1-344(A)(3). To-Wit: Kempsville Borough Upon motion by Councilman Jones, seconded by Council Lady Parker City Council voted to proceed into EXECUTIVE SESSION. Voting.- 10-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, 111, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoil, Nan(@i; K Parkei- and Louisa M. Str@vhorn Council Members Voting Nay None Council Members Absent. Vice Mayor William D. Sessoms, lr Janua 6. 1998 12 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 6, 1998 2:00 P.M. Mayor Meyera E. Oberndorf, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 6, 1998, at 2:00 P.M. Council Members Present, John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louiv R. Joney, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M Stra horn Council Members Absent: None INVOCA TION 7he Reverend Paul('. Bailey, D.D. Virginia Beach United Methodist Church PLEDGE OF ALLEGIANCE TO THE Fi A C OF THE UNITED STA TES OF AMERICA MayorOberndorf adviseddr BaileyreceivedtheDISTINGUISHEDSERVICETOCHURCHAWARD from Shenandoah University's Alumni Association. Dr. Bailey has an honorary Doctorate ofdivinityf@om Shenandoah University in addition to the Doctorate he earned from I fnion Theological Seminary Vice Mayor Sessonts, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a '@ersonal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council Vice Mavor Sessoms'letter ofjanuary 1, 1998, is hereb made apart of the re(o@-(I. Januarv 6, 1998 13 Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 43044 Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting. 10-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nant-i@ K Parker and Louisa M Strqvhorn Council Members Voting Nay None Council Members Abstaining. Vice Mayor William D. Sevsoms, Jr Council Members Absent. None Vice Mayor Sessoms ABSTAINED as he was not in attendance during the Executive Session Janua 6,1998 Resolution CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 43043, Page 11, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive 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 Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ru Hodges mith, CMCI@E City Clerk January 6, 1998 14 Item V-F.1. MINUTES ITEM # 43045 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 16, 1997. Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louiva A4 Stravhorn Council Members Voting Nov. None Council Members Absent. None Januarv 6, 1998 15 Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 43046 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 6, 1998 16 BRIEFING VOLUNTEER COUNCIL ANNUAL REPORT ITEM # 43047 Mary Russo - Coordinator - Volunteer Council, advised in April the Volunteer Council will be celebrating its twentieth anniversary. There are eight wonderful volunteers in her office. A Life Cycle of volunteers has been developed. The Human Resource Department is coordinating with the Volunteer Council relative this Life Cycle. This Life Cycle was presented at the International Conference of Volunteer Administrators. A national organization is being established of Volunteer Administrators in local government. Mrs. Russo advised, as part of the process, she serves on the Human Resources Commons Policy Team; and, at present is a member of their communications subcommittee. She also serves on the Quality Education for Lifelong Learning and extended appreciation to the City Manager for the opportunity to serve and recognizing even though Volunteers, they are still staff. Diane Roche, Executive Staff advised the opportunities for Volunteers range from an hour to almost full- time work. Mary and Diane presented City Council with a mock check in the amount of $16,710,147 (value of the Volunteer program) on behalf of 10,293 volunteers. Mayor Oberndorf advised Council Lady Parker had conveyed the $16,710,147, could add up to Eight (8) cents on the tax dollar, if same had to he raised by the City Government. -January 6, 1998 Item V-I.1. ORDINANCE/RESOLUTION ITEM # 43048 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DENIED: Ordinance to authorize a temporary encroachment into a portion of an existing thirty-foot (30') utility easement at 909 Carolthers Arch by William C. and Barbara S. Rice re constructing and maintains an in-ground swimming pool. Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. @travhorn Council Members Voting Nay. None (council Members Absent. None Janua 6,1998 - 18 Item V-I.2. ORDINANCE/RESOLUTION ITEM # 43049 Attorney Michael Nuchols spoke relative this item and recognized Patrick Kelley, General Counsel of Old Dominion University. The City Attorney's Office has worked with the General Counsel for ODU to narrow the requested modification from substantive changes involving the future use and transfer of the Site to two slight modifications, one of which involves a clarification as to the use of an Appraiser to determine fair market value and the other involves the deletion of some excess verbiage determined to be non-substantive and potentially a source of dispute. A proposed modification instrument has been prepared. Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution to authorize the City Manager execute a modification of conditions contained in the Deed re property previously conveyed by the City of Virginia Beach (19 September 1996) to Old Dominion University Real Estate Foundation for the development of a comprehensive Higher Education Center. Voting. 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera F. Oberndorf Nancy@ K Parker, Vice Mayor William D. Sessoms. Jr. and Louisa A4 .5tr(iihorn Council Members Voting No None Council Members Absent. None Janua 6, 1998 1 A RESOLUTION AUTHORIZING THE 2 CITY MANAGER TO EXECUTE A 3 MODIFICATION OF CERTAIN 4 CONDITIONS CONTAINED IN THE 5 DEED FROM THE CITY TO OLD 6 DOMINION UNIVERSITY REAL 7 ESTATE FOUNDATION 8 WHEREAS, by Resolution No. R96-02490, adopted September 9 11, 1996, by the Council of the City of Virginia Beach (the 10 "Council") , the Council authorized the conveyance by the City of 11 certain real property to the Old Dominion University Real Estate 12 Foundation (the "ODU Foundation") subject to certain covenants, 13 restrictions and conditions; and 14 WHEREAS, the City conveyed such property to the ODU is Foundation by Deed dated September 19, 1996, duly recorded in the 16 Clerk's Office of the Circuit Court of the City of Virginia Beach, 17 Virginia, in Deed Book 3664, at page 1628 and re-recorded in Deed 18 Book 3670, at page 946, subject to the covenants, restrictions and 19 conditions set forth therein (collectively the "Conditions"); and 20 WHEREAS, the ODU Foundation has requested the 21 modification of certain of the Conditions, and the Council is 22 agreeable to such modifications. 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 That the City Manager, or his designee, is authorized to 26 execute on behalf of the City the MODIFICATION TO COVENANTS, 27 RESTRICTIONS AND CONDITIONS in the form attached hereto with 28 respect to the property previously conveyed by the City to the ODU 29 Foundation. 30 This Resolution shall be in effect from the date of its 31 adoption. 3 2 Adopted by the Council of the City of Virginia Beach, 33 Virginia, on the 6 day of January, 1998 34 CA-6875 35 ORDIN\NONCODE\CA687S.RES 36 R-1 37 PREPARED: December 10, 1997 38 39 APPROVED AS TO CONTENT: Approved As To 40 ft@- Legal Suf-ficiency IM4- 2 0023433 BK3664PG1628 0017772 BK3670PG0746 EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(1) AND 58.1-811(c)(3) Re-recorded to correct GPIN NO. and reflect re-recorded plat. THIS INSTRUMENT WAS PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE THIS DEED is made this 19th day of September, 1996, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the commonwealth of Virginia (the "Grantor"), and OLD DOMINION UNIVERSITY REAL ESTATE FOUNDATION (the "Grantee"), a nonstock Virginia corporation, organized exclusively for charitable, educational, literary and scientific purposes, solely for the benefit of, to perform the functions of, and to carry out the purposes of Old Dominion University Educational Foundation and Old Dominion University (the "University"), the address of which is Hampton Boulevard, Norfolk, Virginia 23529. W I T N E S S E T H: That for and in consideration of the sum of TEN DOLLARS ($10.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant and convey, with SPECIAL WARRANTY, unto the Grantee, the following described property (the "Property"), to wit: ALL THAT certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PARCEL 1, AREA = 1,560,407 GPIN: 1485-63-8045 BK3664PG1631 BK3670PG0949 B. To require the Grantee to convey the Property back to the Grantor by Special Warranty Deed in fee simple, upon payment by the Grantor to the Grantee of the fair market value, as determined by an independent real estate appraiser chosen by agreement of the Grantor and the Grantee, of any improvements made to the Property by the Grantee subsequent to the Grantor's conveyance of the Property to the Grantee; or C. To approve of the conveyance of the Property to a third party; provided that any approval of the conveyance of the Property to a third party for purposes other than public education shall be conditioned upon the Grantee's agreement to pay the Grantor the then current fair market value of the Property, without buildings or other improvements thereon, as determined by an independent real estate appraiser chosen by agreement of the Grantor and the Grantee. In the event the Grantor exercises this option, the aforesaid appraisal shall be conducted and payment for the Property shall be made to the Grantor within One Hundred and Twenty (120) days of the date upon which the Property is conveyed to a third party. 4. Notwithstanding any provision herein to the contrary, any conveyance of the Property by the Grantee to a third party other than the University, by sale, lease or otherwise, shall require the prior approval of the Grantor, which approval shall not be unreasonably withheld. By its acceptance and recordation of this Deed, the Grantee agrees to and accepts the foregoing covenants, restrictions and conditions. P,K9664PG I !4 - shall provide upper division undergraduate and graduate programs ,me nqndg af thp- igitiAPAM Rf v@rginia sea9h A_RA_ 2. If construction of the Project has not commenced prior to December 31, 2000, the Grantee shall convey the Property back to the Grantor by Special Warranty Deed in fee simple, free and clear of all liens, encumbrances and restrictions with the exception of easements and restrictions of record acceptable to the Grantor. By mutual written agreement of the Grantor and the Grantee, the time limitations set forth in this paragraph may be extended for an agreed upon period of time. 3. The Grantee understands and agrees that the conveyance of the Property by the Grantor to the Grantee is based on the Grantee's representation that the Property will be used for public education pucposes only. If the use of the Property for such purposes is discontinued or the Grantee proposes to convey the Property to a third party other than the University, the Grantor shall have the right, at it's sole discretion, to exercise the following options: A. To require the Grantee to convey the Property back to the Grantor by Special Warranty Deed in fee simple, without cost, provided no improvements have been made to the Property; 3 4 of-, I @,-) - -- UPGO950 IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed by its duly authorized representatives. CITY OF VIRGINIA BEACH, APPROVED AS TO a municipal corporation of the LEGAL WMCIIENCY Commonwealth of Virginia lie@ittmentoflaw' B y@ City MAnager/Authori@d De skg-!j e of the City Manager (SF-AL) ATTEST: Ruth HodTes Smith City Clerk STATE OF Virginia CITY OF Virginia Beach, to-wit: I, C. M. Dolan, a Notary Public in and for the City and State aforesaid, do hereby certify that JAMES K. SPORE, City Manager, or his authorized designee as executed above, on behalf of the City of Virginia Beach, Virginia, whose name is signed to the foregoing writing, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 23rd day of September, 1996. Notary Public My commission expires: 31@1-1 7 STATE OF Virginia CITY OF Virginia Beach, to-wit: I, C. M. Dolan, a Notary Public in and for the city and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, on behalf of the City of Virginia 5 r)y, -7 t 81(3664PG 1 633 I Beach, Virginia, whose name is signed to the foregoing writing, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 23rd day of September, 1996. @otary Public My commission expires: G@%u.n@yl@% ... odu.dcd RECO,@-O-i, 96 OCT 15 pH 96 SEP 27 P,4 J-:9 A- TESTE." VIRG':,,]_ STC. TE I MODIFICATION TO COVENANTS, RESTRICTIONS AND CONDITIONS THIS MODIFICATION TO COVENANTS, RESTRICTIONS AND CONDITIONS is made this day of January 1998, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), and OLD DOMINION UNIVERSITY REAL ESTATE FOUNDATION, a non-stock Virginia corporation (the "ODU Foundation). For indexing purposes, the City and the ODU Foundation are both Grantors and Grantees. WHEREAS, by Resolution No. R96-02490, adopted September 11, 1996, by the Council of the City of Virginia Beach (the "Council"), the Council authorized the conveyance by the City of certain real property (the "Property") to the ODU Foundation subject to certain covenants, restrictions and conditions; and WHEREAS, the City conveyed the Property to the ODU Foundation by Deed dated September 19, 1996, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3664, at page 1628, and re-recorded in Deed Book 3670, at page 946, subject to the covenants, restrictions and conditions set forth therein (collectively, the "Conditions"); and WHEREAS, the ODU Foundation has requested the modification of certain of the Conditions, and the City is agreeable to such modifications as authorized by Resolution No. adopted January 6, 1998, by the Council. NOW, THEREFORE, WITNESSETH: That in consideration of the premises, and as directed by the (ouncil at the request of the ODU Foundation, the City and the ODU Foundation do hereby agree to the following modifications to the Conditions: A. Condition 1 is hereby modif4Led to read as follows: 1. The Grantee shall make the Property available to the University to construct and operate an educational facility or facilities on the Property (the "Project") Upon completion and, if applicable, expansion of the Project, the University shall provide upper division undergraduate and graduate programs. B. Condition 3(B) is hereby modified to read as follows: B. To require the Grantee to convey the Property back to the Grantor by Special Warranty Deed in fee simple, upon payment by the Grantor to the Grantee of the fair market value, as determined by an independent real estate appraiser chosen by agreement of the Grantor and 2 the Grantee, of any improvements made to the Property by the Grantee subsequent to the Grantor's conveyance of the Property to the Grantee; In all other respects and except as expressly modified hereby, the Conditions shall remain in full force and effect. WITNESS the following signatures and seals; CITY OF VIRGINIA BEACH (SEAL] By: City Manager/Designee of ('ity Manager ATTEST: City Clerk OLD DOMINION UNIVERSITY REAL ESTATE FOUNDATION By: (SEAL] Title: ATTEST: TITLE: 3 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that and whose names are signed to the foregoing instrument bearing date on the day of 199--l as City Manager/Designee of @ity Manager and City Clerk, respectively, of the City of Virginia Beach, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand and seal this day of 199 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, the undersigned, a Notary Public in and for the City and state aforesaid, do hereby certify that and whose names as such are signed to the foregoing instrument bearing date on the day of 199 ---, have acknowledged the same before me 4 in my City and State aforesaid on behalf of Old Dominion University Real Estate Foundation GIVEN under my hand and seal this - day o f 199------ Notary Public My Commission Expires:_ __ _ ___ __ - G:\DATA\ORDIN\NONCODE\CA6875 MOD 5 19 - Item V-L.3. ORDINANCE/RESOLUTION ITEM # 43050 Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council ADOPTED: Tax refunds: $1,429.76 Voting.- 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nan(,y K Parker, Vice Mayor William D. Sevsoms. Jr. and Louisa M @travhorn Council Members Voting Nay None Council Members A bsent.- None Janua 6, 1998 PM NO. C.A. AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int, Total Year of Tax Number tion t4 o. p aid Clark Whitehill Co. 1998 RE(1/2) 022828-7 09/10/97 3.56 Dickey, William & Mary T. 1997 RE(2/2) 137386-8 11/17/97 345.06 Dickey, William & Mary T. 1997 RE(2/2) 137385-9 04/07/97 271.38 Robinette, Timothy C. et al 1997 RE(2/2) 138329-6 09/ 2 6/ 97 682.52 Forcella, Agnes Revocable Tr 1997 RF(2/2) 138297-4 08/13/97 45.76 Gay, Walter & Sarah 1996 RE(1/2) 043399-4 11/08/95 20.79 Gay, Walter & Sarah 1996 RE(2/2) 043399-4 @)5/09/96 20.79 Gay, Walter & Sarah 199@ RE(1/2) 042448-8 11/21/94 19.95 Gay, Walter & Sarah 199@ l@F(2l'?) 042448-8 ) 5/08/95 19.95 Tr) t,i 1 1,429.76 This ordinance shall be effective from date of adoption. The above abatements totaling Carl $1,429.76 were approved by the Council of the City of Virginia Beach on the 6 day of JanuarY, 1998 John Approvved as to form: Ruth Hodges Smith City Clerk I esl@ 20 Item V-K. NEW BUSINESS ITEM # 43051 BY CONSENSUS, City Council ACCEPTED FOR RECORDATION: ABSTRACT OF VOTES - 16 December 1997 Janua 6, 1998 ABSTRACT OF VOTES cast in the City of Virginia Beach , Virginia, at the December 16, 1997 Special Election, for: MEMBER SENATE OF VIRGINIA 14th District TOTAL VOTES NAAfESOFCArIDADAYESONBMLOT REcEivED (IN FIGURES) JAMES J. WHEATON ...... 2,083 J. RANDY FORBES , , @ .... .... ... 4,262 Total Write-in Votes (SEE CERTIFICATION] . . . . . . . . 9 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on December 16, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the Senate of Virginia. Given under our hands this 17th day of December, 1997. A Copy teste: Electoral Chairman board Seal vice Chairman Secretary 0 Secretary, Electoral Board 21 Item V-L. ADJOURNMENT ITEM # 43052 Mayor Meyera E. OberndorfDECLAPED the City Council Meeting.4DJOURNED at 2:25 P, A4 ---- ------------- Beverly 0. Hooks, CMCIAAE Chief Deputy City Clerk - ------ --- --- - --- ---- - ---- Ruth Hodges Smith, CMCIAAE Mcj,era E Obc?rndorf City Clerk Mai,ot City of Virginia Beach Virginia Januari@ 6, 1998