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Home My WebLink AboutFEBRUARY 17, 1998 MINUTES @f F3@Ei@@ "WORLD'S LARGEST RESORT CITY' CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VTCE 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 Lin PIAU BUI@IN(, 2@i COURTHOUSE D@Vi JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney 757 127 1 10,' RUTH HODGES SMITH, CMC/AAE, City Clerk SPECIAL FORMAL SESSION CONFERENCE ROOM February 17, 1998 4:00 PM HAPPY BIRTHDAY COUNCILMAN JONES I. CALL TO ORDER Mayor Meyera E. Oberndorf II. READING OF MAYOR-S CALL TO SPECIAL SESSION III. ROLL CALL OF CITY COUNCIL IV. RESOLUTION TO DECLARE A "LOCAL EMERGENCY EXISTS AT CHESAPEAKE BEACH V. ADJOURNMENT VI. CITY COUNCIL WORKSHOP 1. CONTEMPORARY ARTS CENTER OF VIRGINIA Barbara Bloemink, Executive Director 2. HRSD JOINT BILLING Clarence O. Warnstaff, Director, Public Utilities 3. LEGISLATIVE ITEMS - STATUS M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 17, 1998 Vice Mayor William D. Sessoms, Jr., called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL re a Resolution declaring a "local emergency" exists in the Chesapeake Beach area of the city in the Council Conference Room, City Hall Building, on Tuesday, February 17, 1998, at 4:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, 111, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancv K. Parker and Vice Mayor William D. Sessoms, Jr Council Members Absent. Mayor Meyera E. Oberndorf [IN BOSTON RE ECONOMIC DEVELOPMENT] Louisa M. Strayhorn [OUT OF CITY - FATHER ILL IN PHILADELPHIA] 2 Item II. ITEM # 43250 The Vice Mayor read the CALL TO SPECIAL FORMAL SESSION: "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday, February 17, 1998, at 4:00 P.M in the Council Conference Room, City Hall Building. The purpose of this Special Session is to consider a Resolution declaring a "local emergency" evists in the Chesapeake Beach area of the city. Sincerelv sIMe-vera E Oberndorf Ma-vor Vice Mayor Sessoms ANNOUNCED City Council will also RECESS INTO EXECUTIVE SESSION for the purpose of the HRSD JOINT BILLING. Februarv 17, 1998 MEYERA E OBERNDORF MUNICIPAL CENTER MAYOR BUILDING 24U' OURIHOUSF DRIVF VIRG NIA BEACH VA 23456 9000 (757) 427 4581 FAX J757) 426 5699 Februar .y 13, 1998 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06, the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday, February 17, 1998, at 4:00 P.M. in the Council Conference Room City Hall Building, The purpose of this Special Session is to consider a Resolution declaring a "local emergency" exists in the Chesapeake Beach area of the city. @in(!ere,li, ,tfevera E Oberndorf MEOlbh Vir.einia Beach City Council Receiv@otice Councilman John A. Baum Councilman Linwood 0. Branch, III Councilman William W Harrison, Ji-. Councilman Harold Heischober Councilwoman Barbara Al. Hentei Councilman Louis R. Jonev Councilwoman Reba S. Mc(,'Ianan Councilwoman Nan@v K. Parker Vice Mayor William D. Sessoms Councilwoman Louisa Al Sit-avhol'll (2 it C-3f Li@"c2l-l MEYERA E OBERNDORF MUNICIPAL GENIER MAYOR BUILDING 1 2401 COURTHOUSE DR VE VIRGINIA BEACH VA 23456 9000 (757) 427 4581 'AX (7@@71 426 5699 Februa 13, 1998 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06. the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday, February 17, 1998, at 4:00 P.M. in the Council Conference Room, City Hall Building. The purpose of this Special Session is to consider a Resolution declaring a "local emergency" exists in the Chesapeake Beach area of the city. @in(,erel-1, ,14et era E Oberndorf Wai@ol MEOlbh cc. James K. Spore, City Manager Leslie L. Lilley, City Attorney Ruth Hodges Smith, CMCIAAE, Ci Clerk Pam Lingle, Director of Public Information 3 Item IV. RESOLUTION ITEM # 43251 Upon motion by Councilman Jones, seconded by Councilman Branch, Citv Council ADOPTED: Resolution declaring that a local emergency exists in the Chesapeake Beach area. Voting: 9-0 Council Members Voting Aye.@ John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. I-lenley, Louis R. Jones, Reba S. McClanan, Linwood 0. Branch, III, Nan K. Parket and Vlire Mavor William D. Sessoms, Jr Council Members Voting Nay. None Council Members Absent.- Mayor Meyera E. Oberndorf and Louisa M. .@trayhorn February 17, 1998 Requested by City Manager James K. Spore 1 A RESOLUTION DECLARING THAT A LOCAL 2 EMERGENCY EXISTS IN THE CHESAPEAKE 3 BEACH AREA 4 WHEREAS, the Chesapeake Beach area of the City of 5 Virginia Beach has sustained considerable damage from two 6 "northeaster" storms that have recently ravaged the Virginia Beach 7 coast on January 28 and February 4, 1998; 8 WHEREAS, these "northeaster" storms have produced 9 substantial erosion in the Chesapeake Beach area and damaged sand 10 dunes, public infrastructure, and bulkheads and residences adjacent 11 thereto. 12 WHEREAS, based upon the condition of the beach, public 13 infrastructure, and certain bulkheads and residences at Chesapeake 14 Beach due to erosion caused by said "northeasters," the City is Manager has determined that there is an emergency; 16 WHEREAS, pursuant to Virginia Code Section 28.2-1403 and 17 Section 1602 of the City's Coastal Primary Sand Dune Zoning 18 ordinance, the City Council may declare an emergency to authorize 19 property owners to replace existing failed bulkheads, perform sand 20 replenishment, and push existing sand on their property above mean 21 high water to protect their residences and restore the eroded dune 22 line without having to secure a permit therefor from the Virginia 23 Beach Wetlands Board; and 24 WHEREAS, the City Council of the City of Virginia Beach 25 desires to allow the City itself, as well as other governing bodies 26 and agencies of the State, to aid these individual citizens. 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 That pursuant to Virginia Code Section 28.2-1403 and 30 Section 1602 of the City's Coastal Primary Sand Dune Zoning 31 ordinance, the City Council hereby declares a local emergency 32 exists in the Chesapeake Beach area due to severe, unabated beach 33 erosion and damage to public infrastructure and private property. 34 BE IT FURTHER RESOLVED: 35 That the City Manager or his designee issue emergency 36 permits to property owners in the Chesapeake Beach area to replace 37 existing failed bulkheads, perform sand replenishment or push up 38 existing sand on their property above mean high water. 39 BE IT FURTHER RESOLVED: 40 That the City Manager and city staff are hereby directed 41 to facilitate any required joint permitting process by contacting 42 the U. S. Army Corps of Engineers, the Commonwealth of Virginia and 43 the various governmental agencies that are a part of the 44 Commonwealth for the purpose of enlisting their aid. 45 This resolution shall take affect immediately and be 46 effective as of its date of adoption. 47 Adopted by the Council of the City of Virginia Beach, 48 Virginia, on the 17 day of FEBRUARY, 1998 49 CA-6930 50 ORDIN\NONCODE\CHESBCH.RES 51 R-1 52 PREPARED: 02/12/98 2 4 Item V. RECESS INTO EXECUTIVE SESSION ITEM # 43252 Vice Mayor William D. Sessoms, Jr., 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: LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys petlaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1- 344(A)(7). To-Wit: Contractual Matters HRSD Upon motion by Councilman Jones, seconded by Councilman Branch, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Linwood 0. Branch, III, Nancy K. Parker and Vice Ma-vor William D. Sessoms, Jr Council Members Voting Nqy: None Council Members Absent: Mayor Meyera E. Oberndorf and Louisa M. Stra-vhont Februarv 17, 1998 5 - ITEM # 43253 Vice Mayor William D. Sessoms, Jr. RECONVENED the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, February 17, 1998 at 4:50 P.M. Council Members Present. John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Linwood 0. Branch, III, Nan(,y K. Parker and Vice Mayor William D. Sessonis, Jr. Council Members Absent: Mayor Meyera E. Oberndorf and Louisa M. 5travhom Februarv 17, 1998 6 ITEM # 43254 Upon motion by Councilman Harrison, seconded by Councilman Baum, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business maners lawfitily exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Onty 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: 9-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Linwood 0. Branch, III, Nancy K. Parkei and Vice Alayor William D. Sessoms, Jr Council Members Voting Nqy. None Council Me@ers Absent: Mayor Meyera E. Oberndorf and Louisa M. @trayht)rn February 17, 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 # 43252, Page 4, 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. R,dth Hodges gmith, CMC/AAE City Clerk February 17, 1998 7 Item VII. ADJOURNMENT ITEM # 43255 Vice Mayor William D. Sessoms, Jr., DECLARED the City Council SPECIAL SESSION ADJOURNED at 4:52 P.M. --------- ---- ------------------- Beverly O.'*ooks, CMCIAAE William D. Sessoms, Jr. Chief Deputy City Clerk Vice Mayor ---------- - -------- --- -------------- - Ruth Hodges Smith, CMCIAAE Melvera E. Oberndorf City Clerk Mavoi City of Virginia Beach Virginia 7'he Vice Mayor called to order the City Council WORKSHOPfor briefings relative CONTEMPORARY ARTS CENTER OF VIRGINIA AND THE STATUS OF THE LEGISLATIVE ITEMS, after which th adjourned at 5:25 P.M. February 17, 1998