Loading...
HomeMy WebLinkAboutFEBRUARY 20, 1990 MINUTES "WORLD'S LARGEST RESORT CITY" CIT'Y COUNCIL M@- Ey@- @ Vl- AYOR @..ERT -@RT W. @@0, J.HN.. -UM, -ROW -1@HOBE@, @A ICIIN-, -1 K, -@, A, J-HN '@ '@RRY, SE...S, JR., 1, ,-@E, v -M, l@, CITY COUNCIL AGENDA IIR.1111 .@A,@., V,@@IIIA 11111-1.1 February 20, 1990 ITEM 1. CITY MANAGER'S BRIEFING - Conference Room 11:00 AM A. SCHOOL SITES Dr. E. Carlton Bowyer Superintendent, Virginia Beach Pub] ic Schools ITEM 11. CITY COUNCIL WORKSHOP - Conference Room - 11:30 AM A. LABOR DAY 1990 ITEM 111. COUNCIL CONFERENCE SESSION - Conference Roorn - 12:30 AM A. CITY COUNCIL CONCERNS ITEM IV. L U N C H - Conference Room - 12:50 PM ITEM V. INFORMAL SESSION - Conference Rooln - 1:00 pm A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM VI. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Father Charles Fisher Church of The Holy Apostles B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - February 12, 1990 F. RESOLUTIONS: 1. Resolutions - LABOR DAY 1990; a. Establishing a Labor Day communlty coordination comittee (sponsored by Mayor Meyera E. Oberndorf) b. City Gouncil appoint no coordinating agency (sponsored by Council Lady Reba S. McC]anan) 2. Resolution recommending acquisition of property, Alignment IA, Constitution Drive Flyover (CIP 2-007). (Alignment IA approved July 10, 1989) 3. Resolution to TRANSFER use of Parcels D and G-B in the Rose Hall Office Park to the Francis Land House (LYNNHAVEN BOROUGH). 4. Resolution urging the Commonwealth of Virginia retain primary enforcernent authority through the Virginia Department of Health re the Safe Drinking Water Act (SDWA), Public Law 93-523; and, urging the Virginia General Assembly take necessary action to ensure the proper resources will be utilized to retain primacy. G. ORDINANCES: 1. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Avalon Avenue to Woods of Avalon/Avalon Terrace Civic League re installing a subdivision Identification sign (KEMPSVILLE BOROUGH). 2. Ordinance to TRANSFER $140,000 within the Department of General Services' Operating Budget for roof repairs at the Bow Creek Recreation Center. 3. LOW BID: SUBURBAN GRADING AND UTILITIES Newsome Farms $2,882,310.37 Street Improvements (CIP 2-945) H. APPOINTMENTS ADVERTISING ADVISORY REVIEW COMMITTEE PERSONNEL BOARD 1. UNFINISHED BUSINESS J. NEW BUSINESS 1. CITY COUNCIL AGENDA SCHEDULE April 9, 1990 - PASSOVER 2. Gypsy Moth Report Mr. Louis E. Cullipher Director, Department of Agriculture K. ADJOURNMENT 2/15/90 lb RUTH HODGES SMITH, GMC/ME 281 CITY H.LL BUILDING CITY CLERK MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 2N56 9w5 February 15, 1990 HONORABLE MAYOR MEMBERS OF CITY COUNCIL April 9, 1990, begins the celebration of PASSOVER. This date is the regularly scheduled Planning Items Agenda for City Council. April does have five Mondays. Perhaps the April Ninth Sessions could be rescheduled to April 30, 1990. It will be important to determine this schedule prior to March Twelfth in order to properly advertise the recommendations of the March Planning Commission to the appropriate April City Council Sessions. Thank you. Rufh Hodges Smith, CMC/AAE City Clerk RHS/mlm M I N U T E S VIRGINIA 13EACH CITY COUNCIL Virginia Beach, Virginia February 20, iggo The CITY MNAGER'S BRIEFING relative SCHOOL siTES to the VIRGINIA BEACH CITY COUNCIL -s called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall on Monday, February 20, 1990, at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Councilwoman Reba S. McCianan (ENTERED: 11:12 A.M.) Councilman John D. Moss (ENTERED: 11:07 A.M.) Councilman John L. Per,y (ENTERED: 12:37 P.M.) - 2 - C I T Y M A N G E R 'S B R I E F I N G SCHOOL SITES 11:00 A.M. ITEM # 32432 Dr. E. Carlton Bowyer, Superintendent, Virginia Beach Public Schools, clarified the formula with relation to acreage for Primary, Elementary, Junior and Senior High Schools. Dr. Bowyer referenced the State 1959 PLANNING MANUAL. In 1959, Manual Section 10, the State formulated basic required acreage for the construction of Primary, Elementary, Middle or Junior and Senior High Schools. These basic requirements were: Primary - 3 acres Elementary - 4 acres Junior High School - 10 acres. Senior High School - 10 acres. *The formula consistent throughout is: I additional acre per one hundred students added to the above. The State then followed this basic acreage with recommended acreage: Primary was eliminated Elementary 5 acres Junior High School 20 acres Senior High School 30 acres Sometime after 1965 or 1966, it was determined 15 acres would be adequate for the type of Elementary Schools built (900 pupils). Applying this to the formula results in 14 acres recommended. If you apply this to the basic, it would be nine acres plus four acres or 13 acres. 1800-pupil Junior High Schools were built, therefore this amounted to a total of 38 acres. It has been determined 35 acres is sufficient for the plan. Thirty acres is the recommended State mandated requirement for a Senior High with the addition of one-acre per 100 students. The Senior High Schools are built for 2000-pupil capacity, which amounts to fifty (50) acres. Elementary 15 acres Junior High School 35 acres Senior High School 50 acres. - 3 - C I T Y M A N G E R 'S B R I E F I N G SCHOOL SITES ITEM # 32432 (Continued) The first fifty-acre site was Green Run High School. However, only 400 to 450 parking spaces are provided on this particular site. Green Run - 232,000 square feet Cox - 237,000 square feet Salem - 260,000 square feet West Kempsville is projected to have 286,000 square feet on a site that is less than 50 acres. The first survey relative the West Kempsville site was not correct. It was stated as a 44-acre site, a total of 47 acres minus the three acres which would be left with the Gregory Family. As almost 6 acres will be utilized for the building only, this is very tight. This site is projected to have 12% parking, approximately 700 spaces. This school will include the addition of special education and new facilities. West Kempsville will have eight special education classrooms. This will avoid future construction. There will be four (4) acres required for on-site retention. One full playing field and one-half of another playing field will have to be eliminated. The stadium encompasses approximately 6 acres. For a 286,000-square foot High School minus retention to be built, fifty acres are needed to provide all amenities. Dr. Andrew Carrington, Assistant Superintendent for Operational Services, advised the cost per parking space is approximately $750 to $1,000 depending upon the retention requirements. Approximately 1/3 of the student population drives to school and thus requires parking. If all of these students were required to be bused, the cost of bus transportation would be significantly increased. Dr. Bowyer advised the School staff will meet with the adjacent residents of the West Kempsville Site to relay information relative site design, pedestrian access, lighting and proposed buffering. Mayor Oberndorf requested the following information be provided by the School Board: Cost to build parking accommodations versus the cost of busing if the School Board ADOPTED the policy allowing no one to drive to school. The possibility of the School Board considering a fee approach for the students utilizing the parking lot. Dr. Bowyer advised Councilwoman McClanan, the School Site located on the Industrial Authority property on General Booth Boulevard (former Wadsworth School Site) will be discussed during the School Board Meeting I tonight, February 20, 1990. The property is approximately $54,000 an acre. There is currently $1.3-MILLION in the budget to cover site work. The estimate is approximately $600,000 to construct the infrastructure into this site. Councilman Baum advised the necessity of a map depicting 15, 35, and 50 acre sites that are undeveloped and specifying their particular type of zoning. - 4 - C IT Y C 0 UN C I L W OR K S HOP LABOR DAY 1990 11:40 P.M. ITEM # 32433 Mayor Oberndorf advised meeting with Henry Mitchum, Community Relations Service of the United States Department of Justice, on February 13, 1990. Mr. Mitchum graciously advised he would address the Council relative mediation which could be provided in assisting in the preparations for LABOR DAY 1990 to create a sense of trust and understanding. Mayor Oberndorf referenced proposed Resolutions - LABOR DAY 1990: Establishing a Labor Day Community Coordination Committee (sponsored by Mayor Meyera E. Oberndorf) AND, Resolution of the City Council concerning Labor Day 1990. (sponsored by Council Lady Reba S. McClanan). See Item VI-F.1a./b. of the FORMAL AGENDA. Mayor Oberndorf advised the Committee proposed in her resolution would not have the authority to bind the City of Virginia Beach to any contract or indebtedness. This is reflected as Item 5 on page 2 of said Resolution. Councilwoman lienley expressed concern relative Item I.a. "To call on available resources of the City...". This should be more specifically defined with regard to intentions. This phrase is open to interpretation. At some point it should be delineated that the private sponsors would be responsible for liability insurance or bonding to cover any adverse occurrence. Councilwoman Henley recognized the City would also be named in the ultimate liability. Councilwoman Parker referenced Item I.b. of said resolution. Councilwoman Parker believed same should be clarified to denote the officials from the surrounding Hampton Roads cities did not refer to just Elected officials. Councilwoman McClanan distributed a SUBSTITUTE RESOLUTION for the one contained in the Agenda and advised she would discuss said Resolution in Formal Session. Mayor Oberndorf advised the INTERRACIAL BUSINESS AND CIVIC COALITION would be the nucleus Committee with perhaps an Executive Committee to report directly to City Council, which was her conception of the composition of the LABOR DAY COMMUNITY COORDINATION CONMITTEE. Mayor Oberndorf has received requests for representation from the Council of Civic Organizations, the JAYCEES, and the PTA. The Larger Committee could evolve into smaller committees with relation to particular talents. Councilman Baum did not believe he would be ready to vote on the particular appointments to this LABOR DAY COMMUNITY COORDINATION COMMITIEE during today's City Council Session of February 20, 1990. Councilman Heischober advised he was uncomfortable with two Senior Members of Council presenting two different Resolutions to a very complex and sensitive problem. Councilman Heischober referenced Item l.c., line 32, of Mayor Oberndorf's Resolution and advised the City did want the private funding to assume private liabilities. This was not going to be easy. On Line 22 of Councilwoman McClanan's Resolution, she identified the need for private groups. Councilman Heischober advised the Resolutions really have the same objective. They are just taking different roads. Councilwoman McClanan advised she had no specific group in mind. The private group handling the activities should be a group with experience in handling similar activities, a group with vested interest, i.e., Chamber of Commerce. Councilwoman McClanan advised when the City Council appoints a group, they become a City agency. This is basically the difference between the two resolutions. Mayor Oberndorf advised the leadership is looking for a commitment from the City of Virginia Beach that although the liability is understood, this is also a human relations opportunity to have a successful LABOR DAY 1990. February 20, 1990 - 5 - C ON C E R N S OF T HE MAYOR ITEM # 32434 Mayor Oberndorf advised one of the Television stations, Monday Night, February 19, 1990, reported the Revitalization of the Resort Area had fallen behind schedule. The accomplishment of the project could not be realized on a timely basis for the Memorial Day weekend tourists. Mayor Oberndorf inquired as to the dates of the completion. Vice Mayor Fentress was disturbed by this report. As far as he is aware, the revitalization is on schedule. There are penalties imposed if the work is not completed on time. The City Manager will provide a report. - 6 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32435 Councilman Sessoms requested a report relative Health Care for the Working Poor. Councilman Sessoms inquired whether this health care was going to be cut. Mayor Oberndorf referenced an erroneous article in the VIRGINIAN-PILOT which indicated City Council had made a decision relative Health Care. The City Manager advised the basis of the report resulted from items discussed in the next State Operating Budget. The City Manager will provide information. ITEM # 32436 Councilwoman Parker distributed a Resolution requesting the General Assembly amend Senate Bill Number 2, pertaining to Compensation for Craig H. Bell. Councilwoman Parker requested this item be added under NEW BUSINESS. Councilwoman Henley advised the requests of City Council would be far better accomplished relayed to the General Assembly in personal communication rather than consistently ADOPTING Resolutions to forward to the General Assembly. Mayor Oberndorf advised certain Council Members did meet on Thursday night, February 15, 1990, in Richmond with Delegates McClanan, Purkey and Senators Holland and Stallings. Delegates Croshaw, O'Brien and Tata were unable to attend. ITEM # 32437 Councilwoman McClanan advised the potential merger of the two planning districts will be discussed at the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION Meeting on Wednesday, February 21, 1990. This will be coming to the City Council for a vote within the next two months. ITEM # 32438 Vice Mayor Fentress referenced the CERTIFICATE OF OCCUPANCY ORDINANCE and wondered if there was any consideration for adding commercial property to this Ordinance. Vice Mayor Fentress was referring particularly to shops on Atlantic Avenue, Seventeenth Street and Thirty-first Street. If a certain area were to be designated, the Beach Borough would be a good starting point. The City Manager will advise. ITEM # 32439 Councilman Moss referenced the paving on South Plaza Trail, north of Rosemont Road. This paving was unacceptable and wondered if there would be any recourse. Councilwoman McClanan advised she had requested a copy of the standards utilized in the surface and repaving projects but was unable to secure one. The City Manager advised same will be provided. - 7 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32440 Councilman Moss requested the City Manager provide guidelines relative garbage collection. Councilman Moss received a complaint from a church who was told that unless all their trash was in portabie cans, it would not be picked up. This church was cited for leaving twenty bags of garbage on the street. which the garbage truck would not pick up. The church was told if twenty cans were purchased, they would be glad to pick up this garbage. The City Manager will investigate and advise. - 8 - ITEM # 32441 The FNFORMAL SESSION of the VIRGFNIA BEACH CITY COUNCIL was cal led to order by Mayor Meyera E. Oberndorf 1 n the Con f erence Room, C i ty Ha I IBuilding, on Monday, February 20, 1990, at 12:45 P.M. Council Members Present: Albert W. Balko, JOhn A. BaLYn, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 9 - ITEM # 32442 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECLJTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: D!sCussion, consideration or interviews of prospective candid tes fOr employment, assignment, appointment, promotion, perforTnance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). To wit: (1) Appointments: Advertising Advisory Review Commission, Personnel Board (2) Personnel Evaluations: City Clerk, City Assessor, City Manager. Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 10 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL February 20, 1990 2:00 P.M. Mayor Voyera E. Oberndorf called to order the FOR14AL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hal I Building, on Monday, February 20, 1990, at 2:00 P.M. Council Members Present; Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Father Charles Fisher Church of The Holy Apostles PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Item VI-D.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32443 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION Only public business matters lawfully exempted from Open Meeting requirements by Virginia I aw were discussed i n Executive Session to which this certification resolution applies; AND, 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. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into E)IECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 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. MOTION; Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATRERS: 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 2.1-344(A) (1). To wit: (1) Appointments: Advertising Advisory Review Commission, Personnel Board (2) Personnel Evaluations: City Clerk, City Assessor, City Manager. VOTE: 11-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. None Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms Council Members ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: None City Clerk - 12 - Item VI-E.I. MINUTES ITEM # 32444 Upon motion by Vice Mayor Fentress, seconded by Counc! [wornan Parker, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of February 12, 1990. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. @arker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 13 - Item VI-E.2. PRESENTATION ITEM # 32445 Delores Delaney, President - CADRE, advised CADRE is composed of a group of parents attempting to eliminate the use of drugs by students. One of the major efforts involved the production of a PARENT HANDBOOK to be distributed to every household in Virginia Beach. Mrs. Delaney presented the first edition of the PARENT HANDBOOK to Mayor Oberndorf. Page 16 of the PARENT HANDBOOK reflects deep appreciation to the Mayor for her valuable and continued interest in Virginia Beach Tomorrow - Drug Free. Delores Delaney also expressed gratitude to Hector Rivera, Assistant City Manager for Human Services, for his assistance in raising funds for the publication of the PARENT HANDBOOK. Mrs. Delaney distributed a copy ot PREVENTION PIE. All of the ingredients in this "piell must be present for Virginia Beach to be DRUG FREE. Mrs. Delaney introduced Joann Ackerman - Chairman of the Public Awareness Committee; Sergeant Sandi Baum, Executive Cornmittee - CADRE; and, Dr. Jimi Thomas Muskovac, Education Chairman - Executive Committee - CADRE. 1 4 Item VI-F.l.a/b RESOLUTION ITEM # 32446 The fof lowl ng spoke in SUPPORT of the Reso l ution to e stab Ii sh a Labor Day Connunity Coordination Committee: Dr. Ulysses V. Spiva, 705 Southleaf Drive, Interracial Business and Civic Coalition Mr. Linwood Branch, 773 Arctic Avenue, Phone: 428-6141, President of the Virginia Beach Hotel and Motel Association. J. Burton Harrison, Jr., Bank of Tidewater, Chairman of the Board, 1225 E. Bayshore Drive, Phone: 422-0000, Founding Member of the Resort Leadership Council and Founding Member of the Interracial Business and Civic Coalition. Kal Kassir, 2009 Alphine Road, Phone: 481-5511, Chairman of the Resort Leadership Council and Co-Chair, Interracial Business and Civic Coalition Carolyn Bell, Norfolk State University, 1206 Barrow Street, Portsmouth, Phone: 399-3032 The following spoke in SUPPORT of the Resolution for the City Council concerning Labor Day 1990: Dale Wilkerson, 1070 Old Dam Neck Road, life-long resident, Secretary of the Dam Neck Civic League. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the City planning a "party". A motion was made by Vice Mayor Fentress seconded by Councilman Moss to ADOPT, AS AMENDED, a Resolution to establish a Labor Day Community Goordination Committee. A SUBSTITUTE MOTION was made by Councilwoman McClanan, seconded by Councilman Perry to ADOPT a Resolution of the City Council concerning Lat>or Day 1990. Voting: 2-9 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Reba S. McClanan and John L. Perry Council Members Voting Nay: Albert W. Balko, John A. Baum, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council I&mbers Absent: None 1 5 Item VI-F.I.a/b RESOLUTION ITEM # 32446 (Continued) Upon motion by Vice Mayor Fentress, seconded by Counci Iman Moss, City Counci I ADOPTED, AS AMENDED*: Resolution to Establish a Labor Day Community Coordination Commlttee. *The Title shall be AMENDED to read: Resolution to Establish a Labor Day Community Coordination Committee. In Section I.a., lines 24 and 25, the words "historical ly provided to such events and promotions" shall be added after the words "available resources" and before the words "of the City". In Section l.c., on line 33, the words : "who shall provide evidence suitable to the City Attorney of publ ic I iabi I ity insurance or bond to indemnify, keep, and hold the City and its agents, employees, and vol unteers free and harmless from I iabi I ity on account of injury or damage to persons or property growing out of the activity." shal I be added after to words "cultivate sponsors". Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay- Reba S. McClanan and John L. Perry Council Members Absent: None 1 2 RESOLUTION TO ESTABLISH A 3 LABOR DAY COMMUNITY COORDINATION COMMITTEE 4 WHEREAS, a large number of students and other visitors 5 are expected to gather in Virginia Beach during Labor Day weekend 6 1990; and 7 WHEREAS, the City of Virginia Beach is committed to 8 insuring the opportunity for a pleasant vacation experience for 9 all of its visitors; and 10 WHEREAS, the City Council recognizes that a 11 coordination of activities, individual interests, and independent 12 efforts is needed to insure a successful Labor Day 1990; 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 That there is hereby created by the City Council of the 16 City of Virginia Beach a Labor Day Community Coordination 17 Committee; and 18 BE IT RESOLVED FURTHER: 19 1. That the purpose of the Committee shall be to 20 centralize planning, coordination, and staging of Labor Day 1990 21 events; delineate the roles and responsibilities of the private 22 entities involved; and assure accountability for assigned tasks, 23 which tasks shall include: 24 a. To call on available resources historically 25 provided to such events and promotions of the City and others to 26 successfully implement a program, bringing together the broadest 27 possible community involvement, including public schools, city 28 departments, voluntary agencies, and business community. 29 b. To meet with officials from the surrounding 30 Hampton Roads cities and counties to encourage their support for, 31 and participation in, Labor Day Weekend activities. 32 C. To solicit private funding for events and 33 cultivate sponsors who shall provide evidence suitable to the 34 City Attorney of public liability insurance or bond to indemnify, 35 keep, and hold the City and its agents, employees, and volunteers 36 free and harmless from liability on account of injury or damage 37 to persons or property growing out of the activity. 38 d. To plan for coordination of timing, type, and 39 size of events consistent with public safety. 40 e. To facilitate the desired interface among the 41 private sector, City staff, and City Council. 42 f. To keep the City Council fully informed of 43 its actions and recommendations by making weekly status reports 44 and periodic special reports to the Council. 45 9. To participate in activities enhancing 46 community relations and disseminating information to the public 47 regarding the Labor Day Weekend. 48 2. That the Committee shall be composed of members 49 appointed by the City Council, who shall serve at the pleasure of 50 the Council. The Committee shall automatically dissolve on 51 November 15, 1990; and the terms of its members will also expire 52 on that date. 53 3. That attendance records shall be kept of each 54 meeting of the Committee. No member shall accumulate a total of 55 more than three absences. If this limitation is exceeded, for 56 reasons other than personal illness, death, or other unusual 57 circumstance, the appointment shall be terminated automatically, 58 or as otherwise provided by the Council. 59 4. That Cormnittee members shall not receive compensa- 60 tion for their service on the Committee; 61 5. That unless otherwise specifically approved by the 62 City Council, any funds necessary for operation and expenses of 63 the Committee shall be solicited from private sources, and the 64 committee shall not have the authority to bind the City of 65 Virginia Beach to any contract or indebtedness. 66 6. That the Committee shall maintain a record of its 67 receipts and disbursements; and its records shall be maintained 68 according to accepted accounting procedures and shall at all 2 69 times be available for audit by the City or its authorized 70 representative. A final financial statement shall be presented 71 to Council prior to November 15, 1990. 72 7. That the Committee shall adhere to and follow all 73 applicable laws and City policies, including the Freedom of 74 Information Act, Conflict of Interest Act, and the procurement 75 code of the City of Virginia Beach. 76 8. That the Committee shall be responsive to the 77 policies set by the City Council; and 78 9. That the Committee shall submit to the city 79 Manager, or his designee, all requests which would call on the 80 utilization of City personnel and/or other City resources. 81 10. That the City Manager is authorized and instructed 82 to assign the personnel and/or resources of the city that he 83 deems appropriate to support the work of the committee. Such 84 assigrunents by the City Manager shall be made within the con- 85 straints of available resources, City policies, and applicable 86 laws. 87 11. That the Chairman of the Cormnittee shall be the 88 sole authorized spokesperson for the committee; and 89 12. That the City Attorney or his designee shall serve 90 as legal advisor to the Committee. 91 Adopted by the Council of the city of Virginia Beach, 92 Virginia, on this 20 day of February 1990. 93 02/12/90 94 02/ 14 / 90 95 02/20/90 96 CA-3632 97 LABORDAY.RES 3 - 16 - Item VI-F.2 RESOLUTION ITEM # 32447 Arthur Shaw, City Engineer, advised the total funds depicted on the CIP for site acquisition are $4,060,000, 987@ of which would be paid by the State. One of the affected property owners (the Meadows) has approached VDOT to purchase, at this time, the area of their property needed for the construction of the project. Approval of the Resolution was subject to the elimination of the paragraph pertaining to the acquisition of right-of-way by the Virginia Department of Transportation (VDOT). Mr. Shaw advised the City did have its portion of the funds needed for acquisition. The question arises as to where the State is deriving their funds. The following spoke in OPPOSITION: Mike Katsias, Phone: 490-3505, represented the Dr. Thomas Lane Stokes' family, owners of property adjacent to the subject property owners. Stanley T. Yeskolski, Holland and South Independence, Phone: 490-3585, owner of property adjacent to subject property since 1954. Upon motion by Councilman Moss, seconded by Councilman Balko, City Council DEFERRED for two weeks until the City Council Meeting of March 5, 1990: Resolution recommending acquisition of property, Alignment IA, Constitution Drive Flyover (CIP 2- 007). (Alignment IA approved July 10, 1989) This DEFERRAL would enable the City Staff to determine if the City is being held harmless in its allocation road projects. Councilman Moss requested the Virginia Department of Transportation explain their plans regarding acquisition of property relative this project. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: None Councilman Heischober ABSTAINED as he may have an interest which might be affected by said Alignment. 1 7 Item VI-F.3 RESOLUTION ITEM # 32448 Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City Council ADOPTED: Resolution to TRANSFER use of Parcels D ,d G-B in the Rose Hall Office Park to the Francis Land House (LYNNHAVEN BOROUGH). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 RESOLUTION TO TRANSFER USE OF TWO PARCELS 2 IN THE ROSE HALL OFFICE PARK TO THE 3 FRANCIS LAND HOUSE 4 5 WHEREAS, the City purchased the Francis Land House and 6 adjoining property in 1975; and 7 WHEREAS, the staff of the Department of Economic Development 8 was mandated to market these properties to at least recover the 9 City's costs; and 10 WHEREAS, there are two remaining unsold parcels adjacent to 11 the Francis Land House described as Parcels D and G-B; and 12 WHEREAS, through marketing of the sold parcels the City has 13 recovered its costs of purchasing and developing said property; and 14 WHEREAS, the Francis Land House Board of Governors has made 15 a request that the use of these two unsold parcels be transferred 16 to the Francis Land House to increase the interpretive efforts 17 thereof. 18 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of 19 Virginia Beach that the use of parcels D and G-B of the Rose Hall 20 Office Park is hereby transferred to the FranciS Land House. 21 BE IT FURTHER RESOLVED, that these parcels be restricted to 22 use in furthering the history interpretive efforts of the Francis 3 Land House. 4 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of 5 Virginia Beach on this 20 day of February 1990. 6 7 WCB/sbk 8 CA-90-3614 9 01/26/90 0 \ordin\noncode\FLH.RES - 18 - Item VI-F.4 RESOLUTION ITEM # 32449 Upon motion by Councilman Baum, seconded by Councilman moss, City Council ADOPTED, AS AMENDED*: Resolution urging the Commonwealth of Virginia retain primary enforcement authority through the Virginia Department of Health re the Safe Drinking Water Act (SDWA), Pub[ ic Law 93-523; and, urging the Virginia General Assembly take necessary action to ensure the proper resources will be utilized to retain primacy. *In the seventh paragraph, the following verbiage: " ... and supporting an assessment on water suppliers to pay the necessary additional cost associated with retaining primacy" after the words "supporting primacy" shall be DELETED. The date shall be changed from January 29, 1990 to February 20, 1990. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLin, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Nbyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None RESOLUTION SUPPORTING THE COMMONWEALTH OF VIRGINIA RETAINING PRIMARY ENFORCEMENT AUTHORITY WHEREAS, the u.s. Congress in 1974 Passed the first National Safe Drinking Water Act (SDWA) public law 93-523 with enforcement authority given to the U.S. Environmental Protection Agency (EPA); and WHEREAS, Virginia applied for primacy in 1976 and was awarded primacy in 1977, and the Commonwealth, through the Virginia Department of Health, has maintained primacy since 1977; and WHEREAS, the U.S. Congress in 1986 adopted amenclments to th, Safe Drinking Water Act and mandated standards for 83 specified contaminants; and WHEREAS, the concern for its citizens and its desire to address its own problems and concerns has been a tradition for over 300 years; and WHEREAS, the concept of primacy is having federal standards with the application of state judgment; and WHEREAS, it is in the best interest of the citizens of the Commonwealth of Virginia that the Commonwealth retain primary enforcement authority through the Virginia Department of Health over the Safe Drinking Water Act; and WHEREAS, the Virginia Section of the AMerican Water Works Association adopted resolutions at its 56th annual meeting October 25, 1989, supporting primacy. THEREFORE, be it resolved this day, February 20, 1990, that the City of Virginia Beach: (1) urges the Commonwealth of Virginia to retain primary enforcement authority, through the Virginia Department of Health; and (2) urges the General Assembly to take necessary action to ensure that proper resources will be authorized to ensure the Commonwealth can retain primacy. - 19 - Item VI-G.I. ORDINANCES ITEM # 32450 Carol Bluestein, 5769 Lancelot Drive, President of the Woods of Avalon/Avalon Terrace Civic League, represented the application Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Avalon Avenue to Woods of Avalon/Avalon Terrace Civic League re installing a subdivision identification sign (KEMPSVILLE BOROUGH). The following conditions shall be required: 1. The applicant agrees to remove the encroachment when notified by the City of Virginia Beach, Virginia, at no expense to the City. 2. The applicant agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The applicant agrees to maintain said encroachment so as not to become unsightly or a hazard 4. Prior to any construction within the existing public right-of-way, the applicant or his agent shall obtain a permit from the Highway Inspections Bureau. 5. Prior to issuance of a Highway permit, the applicant or his agent must post a Performance Bond and show proof of public liability (minimum $300,000). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 A TEMPORARY ENCROACHMENT 4 INTO A PORTION OF THE 5 RIGHT-OF-WAY OF AVALON 6 AVENUE TO WOODS OF 7 AVALON/AVALON TERRACE 8 CIVIC LEAGUE, A VIRGINIA 9 CORPORATION, ITS ASSIGNS 10 AND SUCCESSORS IN TITLE 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That pursuant to the authority and to the extent thereof 14 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 15 Woods of Avalon/Avalon Terrace Civic League, a Virginia 16 corporation, its assigns and successors in title, is authorized to 17 construct and maintain a temporary encroachment into the 18 right-of-way of Avalon Avenue. 19 That the temporary encroachment herein authorized is for 20 the purpose of installing a subdivision identification sign, and 21 that said encroachment shall be constructed and maintained in 22 accordance with the City of Virginia Beach Public Works 23 Department's specifications as to size, aligriment and location, 24 and further that such temporary encroachment is more particularly 25 described as follows: 26 An area of encroachment into a 27 portion of the City's right-of-way 28 known as Avalon Avenue, as shown on 29 that certain plat entitled: "WOODS 30 OF AVALON/AVALON TERRACE ENTRANCE 31 SIGN PREPARED BY: WOODS OF 32 AVALON/AVALON TERRACE CIVIC LEAGUE 33 VIRGINIA BEACH, VIRGINIA," a copy of 34 which is on file in the Department 35 of Public Works and to which 36 reference is made for a more 37 particular description. 38 PROVIDED, HOWEVER, that the temporary encroachment 39 herein authorized shall terminate upon notice by the City of 40 Virginia Beach to any officer of Woods of Avalon/Avalon Terrace 41 CiviC League, a Virginia corporation, its assigns and successors 42 in title, and that within thirty (30) days after such notice is 43 given, said encroachment shall be removed from the City's 44 right-of-way Of Avalon Avenue and that Woods of Avalon/Avalon 45 Terrace Civic League, a Virginia corporation, its assigns and 46 successors in title, shall bear all costs and expenses of such 47 removal. 48 AND, PROVIDED FURTHER, that it is expressly understood 49 and agreed that Woods of Avalon/Avalon Terrace Civic League, a 50 Virginia corporation, its assigns and successors in title, shall 51 indemnify and hold harmless the City of Virginia Beach, its agents 52 and employees from and against all claims, damages, losses and 53 expenses including reasonable attorney's fees in case it shall be 54 necessary to file or defend an action arising out of the location 55 or existence of such encroachment. 56 AND, PROVIDED FURTHER, that the party of the second part 57 agrees to maintain said encroachment so as not to become unsightly 58 or a hazard. 59 AND, PROVIDED FURTHER, that this ordinance shall not be 60 in effect until such time that Woods of Avalon/Avalon Terrace 61 Civic League, a Virginia corporation, executes an agreement with 62 the City of Virginia Beach encompassing the aforementioned 63 provisions. 64 Adopted by the Council of the City of Virginia Beach, 65 Virginia, on the 20 day of February 19 90 66 JAS/jls 67 02/14/90 68 CA-90-3635 69 (ordin\noncode\avalon.ord) 2 w@l I I ..-, i @ y@ I I LOCATION MAP THIS AGREEMENT, made this day of 19o9? , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a inunicipal corporation, party of the first part, and WOODS OF AVALON/AVALON TERRACE CIVIC LEAGUE, a Virginia corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to allow the installation of a subdivision identification sign in the City of Virginia Beach; and WHEREAS, in allowing the installation of such a sign, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Avalon Avenue; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such a sign within a portion of the City's right-of- way known as Avalon Avenue. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first GPIN part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of -way known as Avalon Avenue for the purpose of installing such a sign. It is expressly understood and agreed that such temporary encroaclunent will be constructed and maintained in accordance with the laws of tbe Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the city of Virginia Beach Public works Department's specifications and approval as to size, aligrunent and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Avalon Avenue, as shown on that certain plat entitled: "WOODS OF AVALON/AVALON TERRACE ENTRANCE SIGN PREPARED BY: WOODS OF AVALON/AVALON TERRACE CIVIC LEAGUE VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Avalon Avenue by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the 2 CitY Of Virginia Beach, its agents and employees, from and against all --laims, 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 such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such 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 party of the second part. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Highway Inspections Bureau prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the encroaching subdivision sign shall not exceed thirty-two (32) 3 square feet per face, shall not exceed two (2) faces, shall not exceed six (6) feet above the natural grade at the curb, and landscaping shall be approved by the Landscape Services Division of the Department of General Services. It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built'l plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Woods of Avalon/Avalon Terrace Civic League, a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. 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 (SEAL) ATTEST: Cit, WOODS OF AVALON/AVALON TERRACE CIVIC LEAGUE By (SEAL) ATTEST: le) 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that AUDREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the - - day of , 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19-. Nota y Public MY Commission Expires: STATE OF VIRGINIA @ITY OF VIRGINIA BEACH, to-wit: 1, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 1 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19-. Notary Public My Commission Expires: 6 z-,TATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public he City and State aforesaid, do hereby certify that all -- -@ - - I ---(Title) on behalf of Woods alon Terrace Civic League, a Virginia corporation, whose name is signed to the foregoing writing, bearing date the L4.*-,-Iay of IgBa, has acknowledged the same before me in my City and state aforesaid. Given under my hand this -'4@- day of My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wi.t: a Notary Public r the Citv a esaid, do hereby certify that Title) on behalf of Woods /Avalon Terrace CiVic League, a Virginia corporation, e is signed to the foregoing writing, bearing date the @,L@day of @ ft@ x@ , 19@, has acknowledged the same before me in my City and State aforesaid. Given under my hand this @'ll-day of 19@ o tary Public My Commission EXpires: ot I JAS/jls Date: 08/28/89 DF-89-2337 (encroach\avalon.agr) APPP,OVED As To co 1.) - d- SIGNATURE 14 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY 8 - 20 - 'Item VI-G.2. ORDINANCES ITEM # 32375 UPon motion by Councilwoman McCl,,an, seconded by Councilman Balko, City Council ADOPTED: Ordinance to TRANSFER $140,000 within the Department of General Services' Operating Budget for roof repairs at the Bow Creek Recreation Center. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober," Barbara M. Henley, Reba S. McClanan, John D. MOss,* Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. P,rry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. *Verbal Aye I AN ORDINANCE TO TRANSFER $140,000 WITHIN 2 THE DEPARTMENT OF GENERAL SERVICES' OPERATING BUDGET 3 FOR ROOF REPAIRS AT BOW CREEK RECREATION CENTER 4 WHEREAS, the Department of Gener,l Services' Building Maintenance Division 5 is responsible for maintaining the city's buildings and structures; 6 WHEREAS, a major failure in the roof m,terial occurred at Bow Creek 7 Recreation Center necessitating immediate replacement of the roof at a o,t ,f 8 $140,000; 9 WHEREAS, the amount needed is available within the Department of General 10 Services' operating budget due to employee turnover and reprioritization of the 11 department's existing workload. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA, that funds in the arnount of $140, 000 be transferred from within 14 the Department of General Services' Operating Budget for roof repairs at the Bow 15 Greek Recreation Center. 16 This ordinance shall be effective from the date of its adoptlon. 17 Adopted by the Council of the City f Virginia Beach, Virgii2ia on the 18 20 day of February , 1990. - 21 - Item VI-G.3. ORDINANCES ITEM # 32451 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council APPROYED: LOW BID: SUBURBAN GRADING AND UTILITIES Newsome Farms $2,882,310.37 Street Improvements (CIP 2-945) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None C)ouncil Members Absent: None - 22 - Item VI-H.I. APPOINTMENTS ITEM # 32452 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ADVERTISING ADVISORY REVIEW COMMITTEE - 24 - Item VI-J.1. NEW BUSINESS ITEM # 32454 Upon motion by Councilwoman Parker, seconded by Vice Mayor Fentress, City Council RESCHEDULED: City Council Session, April 9, 1990 (Passover) to to Monday, April 30, 1990 (Planning Items) Councilwoman Henley suggested a SPECIAL MEETING be SCHEDULED for Thursday, March 29, 1990, for presentation of the FY 1990 - 1991 OPERATING BUDGET. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor t@leyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 25 - Item VI-J.2. NEW BUSINESS ITEM # 32455 Louis E. Cullipher, Director - Department of Agriculture, advised the Gvpsy Moth was first brought into the United States in 1869 to enhance the silk industry. The experiment was a failure. The moth escaped and as a result the moth is a serious insect pest of urban and forest trees. The Gypsy Moth was first identified in Virginia Beach in 1984. In 1987, the northern part of the City was designated as a restricted area. In 1988, the moth covered the entire area of Virginia Beach. Approximately one-half of the State was regulated in 1989. The Gypsy Moth goes through four stages of development; egg, larva (caterpillar), pupa (cocoon), and moth. It has one generation a year, over - wintering in egg masses attached to trees, stones, walls, logs and other outdoor objects. Each Gypsy Moth egg mass contains up to 1,000 eggs and is covered with buff or yellowish hairs form the abdomen of the female. The velvet egg masses average about 1-1/2 inches long and about 3/4 of an inch wide. Eggs begin hatching in late April or early May. The brownish, hairy caterpillars are easy to identify when about half-grown by pairs of red and blue dots on their backs. Mature caterpillars are from 1-1/2 to 2-1/2 inches long. Caterpillars enter the pupal or "cocoon" stage late in June or early in July, emerging from their dark-brown pupal cases in 10 to 14 days as moths. Males have dark-brown forewings and a 1-1/2-inch wingspread. Female moths are white with a wingspread of about 2 inches. The pests do not feed in the moth stage, but only mate and lay eggs. Depending on weather and locations, eggs are laid between July and September. Infestations containing millions of caterpillars can strip whole forests in a matter of days. However, only a small percentage of the millions of trees stripped each year actually die. Most put out new leaves. But even a single defoliation may seriously weaken a tree, making it susceptible to secondary attack by other insects or plant diseases. Furthermore, hordes of chewing caterpillars impair the beauty and recreational value of forests, parks and wooded homesties. Repeated years of destructive feeding can result in startling losses. In Pennsylvania, for example, the first major defoliation by Gypsy Moth did not occur until 1968. Between 1972 and 1980, the State lost approximately $40-MILLION in trees because of Gypsy Moth feeding. Most of the trees that died were oaks. One way to trap and monitor the insects is by burlap bands. In one stage of their life cycle, they move down a tree and prefer shady places where they can hide. Thus the insects can be caught and destroyed. Mr. Cullipher cited the main methods of controls: Quarantines Parasites Biological Insecticides Sex Attractants Chemical Insecticides Research in Fairfax County indicates twenty (20%) percent control by biological means. Mr. Cullipher distributed information related to Gypsy Moths which is hereby made a part of the record. - 26 - Item VI-J.2. NEW BUSINESS ITEM # 32455 (Conti,,ued) Mr. Cullipher cited the PROGRAM STRUCTURE: URBAN FOREST INTFGRATED PEST 14ANAGEMENT Education Monitoring Suppressions GYPsy Moth Committee Egg Counts Parasites Channel 29 Burlap Bands Bioological Insecticide Male Traps BT Meetings News Articles Chemical Insecticides Hot Line Dimilin Display Video SUMMARY OF IDCAL GOVE RESPONSIBILITIES Designate Gypsy Moth Coordi,at,r Initiate Request to VDACS Prepare Maps of Affected Areas Notification Administer and Coordinate the Irnplementation of Suppression Program Execute Contract with VDACS Pay City's Share of Supression Costs SUMMARY OF VDACS RESPONSIBILITIES Training of Coordinator Assist with Public Realtiosn and Education Prepare Insecticide Informatio,al Material Lead Agency in Overall Operation Select Contractor and Purchase Insecticides Pay State's Share of Program Costs Prepare Legal Notice for Newspaper PRE-SPRAY ACTIVITIES Notify Property Owners in Writing by Mail of Personal Service Send Second Letter 2-3 weeks before Treatment Property Owner/Tenant has right to refuse treatment (March 31) Legal Notice in Newspaper (March 24) Public Meetings. February 20, 1990 - 27 - Item VI-J.3. NEW BUSINESS ITEM # 32456 John 0. Parmele, 1316 Yawl Point, Phone: 481-1259, suggested a compromise: fifty percent of the compensation could be payable by the State and fifty percent by the City. Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council ADOPTED: A Resolution requesting the General Assembly amend Senate Bill 2 requiring $39,176 reimbursement by the City to the general fund of the State Treasury for compensation to Craig H. Bell. Voting: 6-4 Council Members Voting Aye: Albert W. Balko, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry* Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. F,ntress, Harold Heischober and Barbara M. Henley Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: None Councilman SessOms ABSTAINED as he did not agree with the means of accomplishing the objective. Councilman Sessoms preferred this matter be handled on a personal basis with Me,be,s of the General Assembly. *Councilman Perry CHANGED his vote from a VERBAL NAY TO A VERBAL AyE. February 20, 1990 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO AMEND SENATE BILL NUMBER 3 2, PERTAINING TO COMPENSATION FOR 4 CRAIG H. BELL 5 WHEREAS, there has been introduced into the General 6 Assembly Senate Bill No. 2; and 7 WHEREAS, the said bill, if enacted, would appropriate 8 the sum of $22,630 to be paid to Craig H. Bell as Compensation for 9 legal and related expenses incurred in the defense of a criminal 10 charge of which he was innocent; and 11 WHEREAS, the said bill would also appropriate the 12 additional sum of $17,156 to be paid to Joan Wa-@son, the mother of 13 Craig H. Bell; and 14 WHEREAS, the said bill would, if enacted, also require 15 that the City of Virginia Beach reirnburse the general fund of the 16 state treasury in an amount equal to the total sum appropriated 17 pursuant to the bill, which sum would be reimbursed to the general 18 fund of the state treasury from the distribution of net profits 19 appropriated to the City of Virginia Beach pursuant to Section 4- 20 22 of the Code of Virginia; and 21 WHEREAS, the prosecution of Craig H. Bell, was 22 undertaken by the Attorney for the Commonwealth, who is a 23 constitutional officer of the Commonwealth of Virginia and is 24 neither appointed by, nor subject to, the control or direction of 25 the City Council of the City of Virginia Beach and is not an 26 officer or employee of the city of Virginia Beach; 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 28 CITY OF VIRGINIA BEACH, VIRGINIA: 29 That the General Assembly is hereby requested to amend 30 Senate Bill Number 2 by deieting that portion of the bill 31 requiring reimbursement to the general fund of the state treasury 32 by the City of Virginia Beach; and - 28 - Item VI-J.4. NEW BUSINESS ITEM # 32457 ADD-ON UPOn motion by Councilwoman Parker, seconded bY Councilman Moss, City Co,,cil RESCINDF,D: A resolution requesting the General Assembly amend Senate Bill 2 req,i,ing $39,176 reimbursement by the City to the ge,,ral fund of the State Treasury for compensation to Craig H. Bell. A letter to Senator Stallings ad,ising the City shares the concern for reimbursement of Craig H. Bell was suggested; however perhaps, fifty (50%) percent of the compensation could b, derived from the State Treasury and fifty (50%) percent from the salaries budgeted for the Commonwealth Attorney's Office. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold lieischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McCianan and John L. Perry Council Members Absent: None - 29 - Item VI-K.I. RECESS TO ITEM # 32458 EXECUTIVE SESSION In accordance with Section 2.1-344, Code of Virginia as amended, and upon motion by Councilman Baum, seconded by Councilman Moss, City Council RECESSED into EXECUTIVE SESSION for discussion of Personnel Matters (5:10 P.M.) 1. ERSONNEL 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 2.1- 344(A)(1). To-wit: Appointments: Labor Day Community Coordination Committee. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None - 30 - Item VI-K.2. RECONVENED F'ORMAL SESSION ITEM # 32459 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of February Twentieth in the Council Conference Room, City Hail Building, for the purpose of certifying to the Executive Session held this date, after which to adjourn. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Reba S. McClanan - 31 - Item VI-K.3. CERTIFICATION OF ITEM # 32460 EXECUTIVE SESSION Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION 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 this Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 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. MOTION; Upon motion by Councilman Baum, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. 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 2.1-344(A) (1). To-wit: Appointments: Labor Day Community Coordination Committee. VOTE: 10-1 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Reba S. McClanan Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms Council Members ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: Reba S. McClanan R4th Hodges Smith, CMC/AAE City Clerk - 32 - Item VI-L.I. ADJOURNMENT ITEM # 32461 Upon motion by Councilman Heischober BY CONSENSUS, City Council ADJOURNED the Meeting at 5:45 P.M. Bq 'I Chief Deputy City Clerk -ruth Hodgeg Smith, CMC City Clerk City of Virginia Beach Virginia