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JANUARY 10, 2006 MINUTES CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME" MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DlEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETJj'R W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 10 January 2006 I. CITY COUNCIL BRIEFING - Conference Room - 3:00 PM A. COMMUNITY COLOR PROJECT Tom Ward, Chairman, Virginia Beach Beautification Commission B. HUMAN RIGHTS COMMISSION Youth Community Outreach Subcommittee Report Fagan Stackhouse, Director, Department of Human Resources Dr. William Dyson, Chairman, Human Rights Commission II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend C. Chris Thompson Rector, Eastern Shore Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 20, 2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. RESOLUTIONIORDINANCES 1. Resolution re the Revenue Sharing Policy between the City and the School Board to fund a portion of the City's budget and the local share of the School Board's operating budget, local debt service costs and pay-as-you-go capital improvements. 2. Ordinance to APPROPRIATE $233,444 from the fund balance of the General Fund to the FY 2005-2006 Operating Budget of Convention and Visitors Bureau re special events in the Resort Area and increasing local revenue accordingly. 3. Ordinance to APPROPRIATE $40,000 in estimated revenue from vehicle transactions to the Commissioner of Revenue's FY 2005-2006 operating budget re the DMV Select Program for three (3) part-time Account Clerk I positions and other operating expenses. 4. Ordinance to ACCEPT and APPROPRIATE $23,971 from the Virginia State Library to the Clerk of Circuit Court's FY 2005-2006 operating budget re a Security Camera System in public areas for the protection and preservation of court records and increasing state revenue accordingly J. APPOINTMENTS BEACHES and WATERWAYS COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA OLD BEACH DESIGN REVIEW COMMITTEE PERSONNEL BOARD (Alternates) RESORT AREA ADVISORY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 * * * * * * * * * * * Agenda 1/5/06 sIb www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 10 January 2006 Mayor Meyera E. Oberndorf called to order the City Council Briefing re the COMMUNITY COLOR project in the City Council Conference Room, City Hall, on Tuesday, January 10, 2006, at 3:00 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Reba S. McClanan [Absent due to Illness] Jim Reeve [Out of City] - 3- CITY COUNCIL BRIEFING COMMUNITY COLOR PROJECT ITEM#54771 (Continued) There are also changes in the appearance and size of the signs: "Welcome to Virginia Beach"A Hampton Roads Community. Mr. Ward referenced the FY 2006-07 "candidate"areas: Diamond Springs Road(leading to Shore Drive) Norfolk Avenue Little Neck Road' Virginia Beach Boulevard at Lynnhaven Road "The Little Neck Garden Club has proposed a project in the area of Little Neck and are interested in participating financially. Last Fall, the Department of Parks and Recreation invited members of the Committee to attend a symposium by Dr. Lou Verner with the Virginia Department of Game and Inland Fisheries(VDGIF)re a change in the method of maintenance particularly in wetlands. Examples concerned not dumping nutrients into the wetlands and mowing ofturfgrass. The area in front of Cox High School will be discussed as a part of this maintenance discussed. Relaitve Maintenance and Adopt a Spot, the Virginia Beach Beautification Commission has adopted Shore Drive and Great Neck. Some of the landscaping has died over a period of time, a photograph depicted Demaris Yearick and Nancy Parker providing maintenance to this spot. The mulch in this area has deteriorated. Cigarette butts thrown on the medians are a nuisance and a blight on the landscaping. Concerns Funding for Maintenance of all Public Property landscaping requirements: Personnel Training Equipment Replacement Materials Mulch Landscape Ordinance Compliance Inspections Charts depicting the Mulch Budget 1999-2005 and Replenishment Material Budget 1999-2005 were displayed. The amount of maintenance has increased;however, the funding has not kept pace. Mr. Ward displayed additional photographs of the roadway maintenance. Relative the growth and erosion of BMPs complaints, generally these are a part of private property. The Committee is reviewing the enhancement of public property throughout the City. Mr. Ward advised the Committee, at the present time, has not reviewed College Park or Military Highway as project candidates.After examination of the City's entryways, the Committee is just now commencing to look closely at the remainder of the city. Edward Barnes, Landscape Services, advised when the ordinance oversight re landscape planting of commercial sites was under the direction of Landscape Services, there was not a penalty if the property owner did not comply with the standards. January 10. 2006 - 4 - CITY COUNCIL BRIEFING HUMAN RIGHTS COMMISSION Youth Community Outreach SubcommiUee Report 3:32 P.M. ITEM # 54772 Dr. William Dyson, Chairman - Human Rights Commission, advised several incidents of youth violence in Virginia Beach prompted citizen concern. Community leaders expressed concern to Mayor Oberndorf about inappropriate youth behavior. With the Mayor's support, the Human Rights Commission (HRC) established the Youth Community Outreach Subcommittee (YCOS) in April 2005. Youth Community Outreach Subcommittee Members Dr. William A. Dyson Chair - Human Rights Commission The Honorable Randall M. Blow Judge, Juvenile and Domestic Relations Court Chief A.M. Jacocks, Jr. Police Department Dr. Terry Jenkins Director - Human Services Department Carolyn Lincoln Community Leader, Chair - Social Services Advisory Board Keith Farrar Parent/Citizen Kathleen O'Hara Phipps Assistant Superintendent, Media and Communications - Virginia Beach City Public Schools Mike McGee Director - Office of Student Leadership - Virginia Beach City Public Schools Dr. John Kalocay Assistant Superintendent, Administrative Support Services - Virginia Beach City Public Schools Bruce Bright Director - Juvenile Court Services Marcy Sims Director - Virginia Beach Public Libraries Dr. Agnes Moon Human Rights Commissioner Cindy Curtis Director - Parks and Recreation Alicia F ernandez-Bobulinski Human Rights Commissioner Pete Withers Administrator - Juvenile Detention Center January 10, 2006 - 5- CITY COUNCIL BRIEFING HUMAN RIGHTS COMMISSION Youth Community Outreach Subcommittee Report ITEM#54772(Continued) Dr. Dyson advised the Youth Community Outreach Subcommittee toured the new Juvenile Detention Center prior to the City Council Session. Dr. Dyson advised a number of related issues and concerns were identified that may influence, contribute or serve as underlying causes of inappropriate youth behavior patterns. List of Issues and Concerns (Partial Listing) Breakdown of family social structure Lack of values and respect for authority Lack of parenting skills Lack of role models Parents with mental health/substance abuse Peer influence issues Adults in authority(i.e. teachers, counselors)fear Media/internes/video game influence youth violence Parental violence/abuse Lack of programs after school/summer Youth have power to make complaints against Lack of youth mentoring parents Parents cautious to use authority Truance,promiscuity, drug/alcohol abuse "Latch-key kids Voider siblings as childcare for Gang and 'want-to-be"related activities young children No sense of consequences for actions "Going to jail"glamorized Mission To establish a long-term strategy to address inappropriate behavior of youth (under the age of 18) who are at risk of becoming involved in the criminal justice system Strategies for Achieving Mission Evaluate environmental factors influencing behavior(i.e. schools, homes and community) Review crime statistics and trends Review and evaluate current programs and services in Virginia Beach Review and evaluate programs and services in other cities Identify any gaps in our programs and services Develop recommendations January 10, 2006 - 6- CITY COUNCIL BRIEFING HUMAN RIGHTS COMMISSION Youth Community Outreach Subcommittee Report ITEM # 54664 (Continued) Fagan Stackhouse, Director - Human Services, advised the Gaps in Services and Programs: Legal constraints - confidentially law 16.1-300 hinders the continuity of communication among organizations related to youth issues No true knowledge and quantifiable data of developmental assets for children of Virginia Beach Lack of community awareness of services and programs related to youth Limited availability/capacity of programs for children with behavioral, mental health, and/or substance abuse issues whose families have n%r inadequate insurance coverage or limited financial resources. Charles Meyer, Chief Operating Officer, is very familiar with the Developmental Asset program. His last position as City Manager in Minnesota, had previously determined the assets available and missing in that community. Mr. Stackhouse cited the Recommendations: Increase communication among agencies working with at-risk youth Request support from City Council, School Board, community groups and other stakeholders to initiate: legislative changes to the confidentiality law to allow greater communication among agencies working with at-risk youth. Request financial support from City Council and School Board to assist with the "Developmental Assets Survey Initiative". Developmental Assets Survey can provide communities with information to develop or enhance programs that curtail potential increases in youth violence and mobilize the community to become involved in the development of our youth. Increase community awareness of youth services programs. Request legislative advocacy from City Council and School Board for increased funding of programs (currently with limited availabilitylcapacity) for youth with: Behavioral, mental health and/or substance abuse issues whose families have no, or inadequate, financial resources or insurance coverage. Appropriate leaders, agencies and City departments facilitate continuous dialogue on youth violence. January 10, 2006 7- CITY COUNCIL BRIEFING HUMAN RIGHTS COMMISSION Youth Community Outreach Subcommittee Report ITEM#54772 (Continued) Deputy Police Chief Jim Cervera advised currently changes are being reviewed from an enforcement prospective, which would bring a lot of information from the Juvenile Court Service unit to Police and the Commonwealths Attorney's Office.At the present time information is obtained through Court Orders. The Committee has met with the Judges, who have been most gracious and understanding of the issues and problems. A Legislative Code change will be proposed to allow the Police to automatically obtain certain pieces of confidential information re youth on probation. Carolyn Lincoln advised speaking with the Attorney General-elect re the confidentiality laws in terms of intervention prevention. This release of confidentiality shall be in terms of team approach, so the child is not penalized, but to enable him and his family with an educational process, so everyone in contact with this child is then sharing the same information. The process will be to stop the child from further advancing into the criminal justice system or to keep him out of the system. Dr. Dyson advised the Human Rights Commission has requested a full-time staff member. The Commission has evolved from a monthly meeting of one hour duration into four(4). The Commission will be awarding the second Annual Daniel Stone Award on February 16, 2006 City Council's attendance is requested. The Meyera Oberndorf Scholarship essay contest will be launched in the Spring. A venue offour(4) annual events has been developed. Thus,a full-time staff member is requested.A part tine employee from 8:00 A.M. to 12:00 cannot accomplish this work load If the Community projects are continued, such as the Atlantis Project,full staff will be required. Deputy Chief Cervera advised the Atlantis apartment project has evolved well beyond expectations. Enforcement, intervention and prevention were involved in this project. Crime has decreased and public awareness increased considerably.A civic league has been established. The Human Rights Commission has been very involved, which brings a partnership many cities do not possess. Mary Cole, Parks and Recreation and the Recreation Center staff are diligently working to address this growing problem of dropping off children, thus utilizing this as a babysitting facility. During the Summer months,some ofthe Recreation Centers hit capacity and have more children in the facility than can be safely accommodated. Some children have to be 'turned away".Block scheduling is being incorporated(grouping according to age). January 10, 2006 - 8- CITY COUNCIL LIAISON REPORTS 4:00 P.M. ITEM # 54773 Council Members Wood and Schmidt, Liaisons to the SANDLER CENTER FOR THE PERFORMING ARTS, distributed their report, which is hereby made a part of the record. A meeting was held today relative the Theatre. It is on schedule. Present Status November 1,2004: Notice to Proceed was issued to Clancy and Theys Construction Company January 2005: Formed Capital Campaign/Non-Profit Foundation Steering Committee January 2005: Developed Campaign plan, timeline, roles and responsibilities of members February, 2005 - March 2005: Update Business Plan/Activity Profile- completed April 1, 2005: Issued RFP for Programming and/or Management June 2005: Non-Profit Foundation awarded tax exempt status by Internal Revenue Service Summer 2005: Demolition of Pavilion theatre November 17, 2005: Revised Plat plan submitted to Development Services Center. Single lot will be conveyed to the Virginia Beach Development Authority, then subdivided into three parcels with the Performing Arts Center parcel conveyed back to the City. November 18, 2005: Revised design drawings resubmitted to Permits and Inspections December 5, 2005: City Council Briefing on final interior design and plaza design details Ongoing: Recruit members to the Campaign Steering Committee and Honorary Advisory Committee. The Advisory Committee to work in design review, facility usage and public awareness Construction Activity Highlights Northeast area First Floor slab is in-place Forming state house concrete columns (First lift) are in-place Concrete footings for entire building - 95% complete Basement CMU walls are - 80% complete Masonry foundations are - 75% complete Site utility installation in progress January 10, 2006 - 9- CITY COUNCIL LIAISON REPORTS ITEM # 54773 (Continued) Near-Future Actions January 31,2006 - City Council briefing on Management Agreement January 2006 - Management Pre-Opening Services Contract execution Spring 2006 - Management Post-Opening Services Contract execution Fall 2007 - Opening of new Performing Arts Theatre Unresolved Issues/Issues Under Study Block 6 Northeast Parcel: Cost and schedule impact under review for a concurrent PAC and 6E parcel construction with a mid-September 2007 inaugural performance. ITEM # 54774 Councilman Villanueva, Skate Park Liaison, advised during the second week ofF ebruary, the new Vertical Ramp will be completed. Woodstock Skate Plaza in Woodstock Park is on trackfor late Summer. The dog park is being moved adjacent to the trees. Youth in the Centerville and Kempsville areas will appreciate this facility. January 10, 2006 - 10- CITY COUNCIL COMMENTS 4:07 P.M. ITEM # 54775 Mayor Oberndorf, on behalf of the City, attended the Cultural Arts meeting, concerning all the cities in the Region which was held in Norfolk. There is going to be a proposal presented to the cities to form a Foundation which will create an account to assist the reduction of debt for the different arts groups. This will be based on per capita (between 38t/: and 40t/: per person). As Virginia Beach is the largest city in the Region, this will be a significant amount. Mayor Oberndorf requested the City Manager prepare a list of all the City's region participation, the individual contributions and the City's benefits derived therefrom. This proposal has not yet been adopted by the Cultural Alliance. Each city will have a representative. ITEM # 54776 Councilman Schmidt recognized the Birthday of Councilman Harry Diezel, January 10, 2006. Councilman Diezel advised his wife has baked a Chocolate Birthday cake for all to enjoy. ITEM # 54777 Mayor Oberndorf advised Council Lady McClanan was very ill with the flu. Many Council Members have visited Glenn McClanan during his multiple surgery recuperation. Mayor Oberndorf visited this past Sunday and again this morning. She was heartened by his improvement. He is receiving excellent care at Atlantic Shores Seaside. ITEM # 54778 Councilman Villanueva complimented the Mayor re her presentation at the Transportation Forum sponsored by the Honorable Tim Kaine, Governor-Elect. Governor Kaine wishes to met with all the Council Members. Governor Kaine requested Councilman Villanueva be part of his Transition and Policy team. A Policy Package was requestedfrom the City. Prior to the City Council's Retreat, Council Members are submitting their road priority lists to Dean Block, Director of Public Works. Mayor Oberndorf advised Virginia Wesleyan College donated the space for the Transportation Forum. The Mayors of Norfolk, Franklin and Portsmouth, as well as Chesapeake City Council Members attended among many other elected officials. There was considerable discussion re the Southeastern Parkway and Greenbelt and the necessity of significant projects in this vicinity. It was not just a question of evacuation, or economic development, but a question of national security to be able to move the populous. Mayor Oberndorf also spoke re tourism and the negative effects of heavy traffic. Governor Kaine's enthusiasm and energy is phenomenal. January 10,2006 -11 - AGE N DA REV I E W S E S S ION 4:13 P.M. ITEM # 54779 fl. Resolution re the Revenue Sharing Policy between the City and the School Board to fund a portion of the City's budget and the local share of the School Board's operating budget, local debt service costs and pay-as-you- go capital improvements. The City Attorney advised correction to the Revenue Sharing Policy. Page 4: (e) periodically, but at least biatltlt.ally bienniallv. beginning not later than January 31, 2007. ITEM # 54780 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: RESOLUTION/ORDINANCES fl. Resolution re the Revenue Sharing Policy between the City and the School Board to fund a portion of the City's budget and the local share of the School Board's operating budget, local debt service costs and pay-as-you- go capital improvements. f2. Ordinance to APPROPRIATE $233,444 from thefund balance of the General Fund to the FY 2005-2006 Operating Budget of Convention and Visitors Bureau re special events in the Resort Area and increasing local revenue accordingly. f3. Ordinance to APPROPRIATE $40,000 in estimated revenue from vehicle transactions to the Commissioner of Revenue's FY 2005-2006 operating budget re the DMV Select Program for three (3) part-time Account Clerk I positions and other operating expenses. f4. Ordinance to ACCEPT and APPROPRIATE $23,971 from the Virginia State Library to the Clerk of Circuit Court's FY 2005-2006 operating budget re a Security Camera System in public areas for the protection and preservation of court records and increasing state revenue accordingly Item f1, shall be APPROVED with correction to the Policy, BY CONSENT January 10, 2006 - 12- ITEM # 54781 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Beaches and Waterways Commission Community Medical Advisory Commission Governance Committee for Historic Sites Historical Review Board Investment Partnership Advisory Committee- PPEA Old Beach Design Review Committee Personnel Board (Appointment of Alternates) Resort Advisory Commission Virginia Beach Community Development Corporation PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms of scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(30) Cox Franchise Extension Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (4:15 P.M.). Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve (Recess: 4:17 P.M. - 4:35 P.M.) (Closed Session: 4:35 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 6:00 P.M. (Catered by Jason's Deli) January 10, 2006 - 13- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 10, 2006 6:13 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 10, 2006, at 6: 13 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Reba S. McClanan [Absent due to Illness] Jim Reeve [Out of City] INVOCATION: Reverend C. Chris Thompson Rector, Eastern Shore Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. January 10, 2006 -14 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54782 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve I L January 10, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 54781, page 12, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~&.~ R th Hodges Smith, MMC City Clerk January 10, 2006 - 15 - Item V-F.1. MINUTES ITEM #54783 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of December 20, 2005. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve January 10, 2006 - 16- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54784 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 10,2006 -17 - Item V-I. RESOLUTION/ORDINANCES ITEM # 54785 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council APPROVED IN ONE MOTION Items 2,3 and 4 of the CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve Item V-Il. shall be ADOPTED, with correction to the Revenue Sharing Policy, BY CONSENT. January lO, 2006 - 18- Item V-Ll. RESOLUTION/ORDINANCES ITEM # 54786 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED with correction to the Revenue Sharing Policy: Resolution re the Revenue Sharing Policy between the City and the School Board to fund a portion of the City's budget and the local share of the School Board's operating budget, local debt service costs and pay-as-you-go capital improvements *The City Attorney advised correction to the Revenue Sharing Policy. Page 4: (e) periodically, but at least biannually bienniallv. beginning not later than January 31, 2007. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve January 10,2006 1 2 3 4 5 A RESOLUTION ADOPTING A POLICY FOR THE SHARING OF CERTAIN GENERAL FUND REVENUES BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA BEACH SCHOOL BOARD 6 WHEREAS, City Council has determined that adoption and 7 implementation of the revised revenue-sharing policy recommended by 8 the Revenue Sharing Policy Committee is the most prudent method by 9 which to allocate to the City of Virginia Beach and the Virginia 10 Beach School Board, respectively, certain General Fund revenues 11 estimated to be available in a given fiscal year to fund a portion 12 of the City's budget, and to fund the local share of the School 13 Board's operating budget, local debt service costs, and pay-as-you- 14 go capital improvements. 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That City Council hereby adopts the attached policy for the 19 sharing of certain General Fund revenues between the City of 20 Virginia Beach and the Virginia Beach School Board. 21 Adopted by the Council of the City of Virginia Beach, Virginia 22 on the 10th day of January 2006. 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S' ." -< '" o o '" ;U '" 10 ." -< '" o o en ;U '" S' ;u CI> < CI> " C CI> ." -< ~ '" '" ..... ." -< ~ '" '" co ." -< ~ '" '" '" ." -< '" o o o (J) <> =s- o Q. ;0 CD < CD :J c: CD (J) =s- !!l ::j' <C -n o 3 c: 5) ." -< '" o s: -' (0 (0 "'" ~ o o 0> City Council Policy Title: Policy for the Sharing of Certain General Fund Revenues Index Number: 6.02 Between the City of Virginia Beach and the Virginia Beach School Board Date of Adoption: 02/25/97 Date of Revision: 01/10/06 Page 1 of 5 1.0 Purpose The purpose of this policy is to establish a procedure for allocating to the City and the School Board, respectively, certain General Fund revenues estimated to be available in a given fiscal year. This policy will establish a predictable, objective means of sharing local revenues and establish a balance between School programming needs and the wide range of other needs of the City. This policy will provide both the City and the School Board notification about revenue estimated to be available for fiscal year planning. Revenues allocated to the School Board represent the City's contribution to Schools. These revenues are used to fund the local share of the School Board's operating budget, local debt service costs, and pay-as-you-go capital improvements. The remaining revenues shall be allocated to the City. Tax Increment Financing revenue and Special Service District revenue shall not be subject to the Revenue Sharing Formula. The Revenue Sharing Formula will be reviewed periodically by a committee as established in section 9.1 of this policy, and will be adjusted as necessary. 2.0 Definitions 2.1 The City refers to the City of Virginia Beach, exclusive of Schools. 2.2 City Council refers to the City of Virginia Beach City Council. 2.3 Schools refers to the Virginia Beach City Public Schools. 2.4 The School Board refers to the Virginia Beach School Board. " 2.5 Revenues Subject to the Formula are defined as general fund revenues from the real estate, personal property, general sales, utility, cellular telephone and business license taxes, and from cable television franchise fees. 2.6 The Revenue Sharing Formula is the percentage formula by which Revenues Subject to the Formula are allocated between the Schools and the City. 2.7 Budgeted Revenues are the original estimates of revenues subject to the Revenue Sharing Formula adopted by City Council in May of each year. 2.8 Actual Revenues are the collected revenues subject to the Revenue Sharing Formula. . . 3.0 Procedure to Accomplish the Policy 3.1 As a starting point for the fiscal year 2006-07 budget, the Schools will be allocated 51.79% of the Revenues Subject to the Formula, and the City will retain 48.21 % of the Revenues Subject to the Formula. These aggregate percentages are based on the actual allocations of Revenues Subject to the Formula by City Council in fiscal year 2005-06 as calculated after the adoption of the budget. These percentages may be adjusted for fiscal year 2006-07 at the discretion of the City Council. An adjustment may be necessary due to a tax increase or decrease, an increase or decrease in other revenue, or any other circumstance, at the discretion of the City Council. Immediately following the adoption of the budget for fiscal year 2006-07, the City's Department of Management Services will determine the actual percentages of Revenues Subject to the Formula allocated to Schools and retained by the City in fiscal year 2006-07. The actual percentages of Revenues Subject to the Formula allocated to the Schools and retained by the City for fiscal year 2006-07 shall be the starting point for allocations of Revenues Subject to the Formula for the fiscal year 2007-08 budget. This process shall continue each year, with the City's Department of Management Services calculating the actual allocation percentages after the adoption of the budget each year, and actual percentage allocations of Revenues Subject to the Formula for each fiscal year constituting the starting point for allocations for the subsequent fiscal year. 3.2 A table showing the history of total Revenues Subject to the Formula, total Revenues Subject to the Formula allocated to the Schools, tax rates, tax rate changes, and the resulting Revenue Sharing Formula for each year is incorporated as a part of this policy in Appendix A. This table will be updated annually to reflect the most recent Revenue Sharing Formula based on the most recent budget adopted by City Council. 3.3 Preliminary revenue allocation, using the actual allocation percentages for the previous year, will be based on annual October 1 revenue estimates. Updates will be made during budget development, based on December 31 collections, and provided to both parties within 20 calendar days of the December 31 collections. 3.4 If in the development of the City biennial budget a local tax rate change is being considered, the City Manager will provide written notification to the School Board and Superintendent detailing the scope and magnitude of any contemplated tax rate change. The City Manager shall provide notice as early in the school budget development process as possible, preferably prior to the presentation of the Superintendent's Estimate of Needs in February. 3.5 The proportion of revenues for the City and the Schools allocated based on the Revenue Sharing Formula shall not be affected by section 2-186.1 of the City Code regarding preparation of the budget using a "base budget" method. The City and the Schools recognize that it is not the intention of section 2-186.1 of the City Code to alter the Revenue Sharing Formula. 3.6 For fiscal years 2006-07 and 2007-08, Revenues Subject to the Formula will also be calculated, for informational purposes only, according to the allocation ratio for each individual revenue stream included in the Revenue Sharing Formula, taking into consideration changes to the rates for the various streams as a result of 2 . . Council action. These stream-specific allocation ratios are detailed on Appendix B of this policy. At the scheduled Revenue Sharing Policy review in January 2007, the aggregate method of calculating the Schools' portion of the revenue (set forth by Section 3.1 of this policy) will be compared to the stream-specific method of calculating the Schools' portion of the revenue to ensure that the use of the aggregate percentage as described in Section 3.1 does not, exclusive of other factors, negatively impact the amount of revenue that the Schools receive. If it is determined that the allocation method described in Section 3.1, in and of itself, negatively impacts the amount of revenue that the Schools receive, definitive steps will be taken to remedy the situation. 4.0 Additional Fundina-Schools 4.1 If the School Board determines a need for additional local funding to maintain its current level of operations or to provide for additional initiatives, it shall make a formal written request to the City Council, through its chairman, stating the purpose(s) for which the additional funding is needed, and the amount of additional funding required. 4.2 The City Council shall review any School Board request for additional local funding and determine if additional funding is available. If the City Council determines that additional local funding cannot be made available without an increase in local tax rates, it shall formally notify the School Board. 4.3 If the School Board desires to request an increase in local tax rates to generate the additional local funding requested, the School Board shall hold a public hearing on the issue of whether local tax rates should be increased to provide additional revenue for the purpose(s) identified by the School Board. Following the public hearing, if the School Board desires to request an increase in local tax rates, the School Board shall make a formal request to City Council to increase local tax rates to a level necessary to generate the additional funding. The School Board shall make such a request in the form of an adopted School Board resolution. 4.4 City Council shall consider any properly submitted request by the School Board for a local tax increase and determine the appropriate action. 4.5 If, after deliberation and appropriate public involvement, including the consideration of a referendum in appropriate circumstances, the City Council adopts a local tax rate increase to generate the additional local funding requested by the School Board, the full amount of revenue produced by the local tax increase shall become part of the School revenue share for the fiscal year budget being developed, and for all future fiscal years. 5.0 Additional Fundina-Citv If the City Council determines that additional funding is needed to maintain the current level of City operations or to provide for additional initiatives in City programs or services, the City Council shall determine the appropriate action. If after deliberation and appropriate public involvement, including consideration of a referendum in appropriate circumstances, the City Council adopts a tax rate increase to generate the additional local funding for City government programs, the full amount of revenue produced by the local tax increase shall become part of the City revenue share for the fiscal year budget 3 , . being developed, and for all future fiscal years. 6.0 Tax Rate Decrease If the City Council determines that it is in the best interest of the community to decrease the rate for any of the taxes or fees that are included in the revenue sharing formula, the revenue estimates will be calculated using the lowered tax rates. The City revenue share and the Schools revenue share shall be affected by a tax rate reduction in the same proportion that budgeted revenues were shared for that fiscal year, unless otherwise specifically determined by the City Council. 7.0 Actual Revenues Deviate from Budaeted Revenues 7.1 If, at the end of the fiscal year, the actual revenues exceed the budgeted revenues, the amount of excess revenues shall be shared by the City and the School Board in the same proportion that budgeted revenues were shared for that fiscal year; provided that such excess revenues shall only be shared after the necessary resources for the Fund Balance Reserve Policy have been determined and fulfilled. 7.2 If, however, the City anticipates, at any time during the fiscal year, that actual revenues will fall below budgeted revenues, the School Board, upon notification by the City Manager of such an anticipated shortfall, will be expected to reduce expenditures in an amount equal to the School Board's proportion of the shortfall. 8.0 Unanticipated Revenues Any increase in revenues resulting from actions of the Commonwealth not contemplated by this policy shall not be subject to the Revenue Sharing Formula but shall be the subject of joint discussions of the City and the Schools. 9.0 Revisions to Policy 9.1 A committee comprised of two members of City Council, two members of the School Board, the City Manager, the Superintendent of Schools, the City Chief Financial Officer, the School Chief Financial Officer and the Director of the Department of Management Services shall periodically review this policy and its application. 9.2 This policy shall be reviewed, and revised as appropriate or necessary, (a) whenever a rate change for any of the taxes included in the Revenue Sharing Formula has been adopted; (b) whenever the funds made available to the School Board pursuant to this policy are not adequate to meet the State Board of Education's mandated "standards of quality"; (c) whenever any significant unanticipated changes occur in the level of estimated federal and state revenues available to the School Board; (d) whenever any significant unanticipated changes occur in City revenues not included in the Revenue Sharing Formula; and 4 .. - . (e) periodically, but at least biennially, beginning not later than January 31, 2007. Approved as ~7 / j) '} l; to Content: . ( A./~p~ /~ -7;,v ~ Director of anagement Services Date Approved as ~ to Legal Sufficiency: City ttoJney /. ~t.~ .&/ ~ / Y anager I Ii, /~ Date . Reviewed by: ;)0 a-v.()~ Date APPROVED BY CITY COUNCIL: I J,-^ Ihb ~ 5 - 19- Item V-I. 2. RESOLUTION/ORDINANCES ITEM # 54787 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED Ordinance to APPROPRIATE $233,444 from the fund balance of the General Fund to the FY 2005-2006 Operating Budget of Convention and Visitors Bureau re special events in the Resort Area and increasing local revenue accordingly. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve January 10, 2006 1 2 3 4 5 AN ORDINANCE TO APPROPRIATE $233,444 FROM THE FUND BALANCE OF THE GENERAL FUND TO THE FY 2005-06 OPERATING BUDGET OF CONVENTION AND VISITORS BUREAU TO FUND SPECIAL EVENTS IN THE RESORT AREA 6 WHEREAS, the actual revenues from the portion of the hotel tax 7 designated for the Beach/Major Events Program in FY 2003-04 8 exceeded the amount appropriated for the Program by $233,444; and 9 WHEREAS, the $233,444 surplus is currently included in the 10 Fund Balance of the General Fund. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 That $233,444 is hereby appropriated from the Fund Balance of 14 the General Fund to the FY 2005-06 Operating Budget of Convention 15 and Visitors Bureau to fund special events in the resort area, with 16 local revenue increased accordingly. 17 18 Adopted by Virginia, on the the Council of the 10th day of Jan1lary City of Virginia , 2006. Beach, Requires an affirmative vote by a majority of the members of the City Council. 1] APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT J~~(* City Attorney's Offlce CA9782 H:\PA\GG\OrdRes\CVB Special Events ORD R-4 January 5, 2006 - 20- Item V-I.3. RESOLUTION/ORDINANCES ITEM # 54788 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to APPROPRIATE $40,000 in estimated revenuefrom vehicle transactions to the Commissioner of Revenue's FY 2005-2006 operating budget re the DMV Select Program for three (3) part-time Account Clerk I positions and other operating expenses. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve January 10,2006 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $40,000 IN ESTIMATED REVENUE FROM VEHICLE TRANSACTIONS TO THE COMMISSIONER OF THE REVENUE'S FY 2005-06 OPERATING BUDGET TO FUND THE DMV SELECT PROGRAM 7 WHEREAS, the Virginia Beach Commissioner of the Revenue is 8 contracting with the Virginia Department of Motor Vehicles ("DMV") 9 to provide services through the DMV Select program, and sufficient 10 revenue is expected to be generated through the program to cover 11 the costs of providing the services. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That $40,000 in estimated revenue from vehicle-related 16 transactions is hereby appropriated to the Commissioner of the 17 Revenue's FY 2005-06 Operating Budget for three part-time Account 18 Clerk I positions and other operating expenses associated with the 19 DMV Select program. 20 Adopted by the Council of the City of Virginia Beach, Virginia 21 on the 10th day of January 2006. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY j;(}jv~ C\,~~~ ~ ;t~O-) ~J{QL~e'~lh Management ervices u CA9855 H:\PA\GG\OrdRes\COR-DMV Select Program.ORD R-1 December 28, 2005 City Hall Virginia Beach, VA 23456-9002 Commissioner of the Revenue Philip J. Kellam Commissioner VBgov.com/cor January 3, 2006 The Honorable Mayor Members of City Council Re: - Virginia Beach Commissioner granted Select Status by Department of Motor Vehicles - Department of Motor Vehicles launch of a Dealer Pilot Program for our Local Vehicle Registration Program Dear Mayor Obemdorf and Members of City Council: I am writing to inform you of very good news for the City of Virginia Beach and the citizens we serve. The Virginia Department of Motor Vehicles (DMV) has accepted my application as a Select Agent and will launch a pilot program with local auto dealers to improve our Local Vehicle Registration Program (L VR). These concurrent opportunities arose from the working relationship established between the City and the DMV over the past three years. The Virginia Beach Commissioner's Office had a unique advantage over other applicants for DMV Select agent based on our experience and the success of L VR. As you may recall, in 2003, the City and the DMV entered into a contract for the DMV to collect the City's local vehicle registration fee with the state registration fee under LVR. This partnership has produced increased collection trends for both the local vehicle registrations and personal property revenues. The Commissioner's Office administers L VR for the City, posting exemptions and resolving problems for the DMV and our mutual customers via the same secure internet connection that DMV Select transactions are conducted. With DMV Select status my staff can better assist customers with property tax issues. An issue that has concerned me with L VR has been the lack of auto dealer participation. So, over the past two years, I have met with dealers throughout Hampton Roads and they are participating in a dealer pilot program to enhance L VR. As a DMV Select agent, my staff will be actively engaged with auto dealers and can assist with this pilot, helping to ensure the success of L YR. Why is that so important? Quite simply, localities around the state are eliminating city stickers and auto dealer participation in L VR will allow the DMV to offer L VR to other localities. As other localities join the program, the DMV will scale its charges and Virginia Beach's cost will decrease substantially. These opportunities provide a format for efficiently improving our services to taxpayers while cutting the costs of government through a local-state partnership. It is truly a win-win-win, for the City, the DMV, and the citizens we serve. The city manager will present a resolution on this issue in your meeting of January 10,2006. I am at your call. Sincerely, PJK/cph C: James K. Spore, City Manager Patti Phillips, Director of Finance Catheryn Whitesell, Director of Management Services Les Lilley, City Attorney - 21 - Item V-I.4. RESOLUTION/ORDINANCES ITEM # 54789 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $23,971 from the Virginia State Library to the Clerk of Circuit Court's FY 2005-2006 operating budget re a Security Camera System in public areas for the protection and preservation of court records and increasing state revenue accordingly Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. OberndorJ Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve January 10, 2006 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE $23,971 FROM THE STATE LIBRARY OF VIRGINIA TO THE CLERK OF CIRCUIT COURT'S FY 2005-06 OPERATING BUDGET TO FUND A SECURITY CAMERA SYSTEM IN PUBLIC AREAS FOR THE PROTECTION AND PRESERVATION OF COURT RECORDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That $23,971 in additional State revenue is hereby 12 appropriated to the Clerk of Circuit Court's FY 2005-06 13 Operating Budget for the purchase of security cameras with 14 estimated revenue from the state increased accordingly. 15 Adopted by the Council of the City of Virginia Beach, 16 Virginia on the 10th day of January , 2006. Approved as to Content Approved as to Legal Sufficiency j) " i UffiL ~ If ~d {LA City Attorney's fflce CA9852 H:\PA\GG\OrdRes\Clerk R-3 January 3, 2006 State Library Appropriation ORD - 22- Item V-J.l. APPOINTMENTS ITEM # 54790 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION January 10, 2006 - 23- Item V-J.2 APPOINTMENTS ITEM # 54792 Upon NOMINATION by Vice Mayor Jones, City Council, REAPPOINTED: Judith Allison 5-year term 9/01/05 - 8/31/10 COMMUNITY MEDICAL ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve January 10, 2006 - 24- Item V-J.3. APPOINTMENTS ITEM # 54793 Upon NOMINATION by Vice Mayor Jones, City Council, APPOINTED: Lynn W. Carwell Unexpired thru 10/31/07 plus 2 years 11/01/07-10/31/09 HISTORICAL REVIEW BOARD Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve January 10, 2006 - 25 - Item V-J. 4. APPOINTMENTS ITEM # 54794 Upon NOMINATION by Vice Mayor Jones, City Council, APPOINTED: Property Owners Barbara Yates Ellis Hinnant- Will Michael Yoder Resort Area Advisory Commission (RAC) William D. Almond Gerrie King West No Term OLD BEACH DESIGN REVIEW COMMITTEE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve January 10, 2006 - 26- Item V-J. 5. APPOINTMENTS ITEM # 54795 Upon NOMINATION by Vice Mayor Jones, City Council, APPOINTED: Nicholas J. Ventura No Term PERFORMING ARTS THEATRE ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. OberndorJ, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve January 10, 2006 -27- Item V-J. 6. APPOINTMENTS ITEM # 54796 Upon NOMINATION by Vice Mayor Jones, City Council, APPOINTED: George N. Tzavaras 3 year-term 3/01/06-2/28/09 PERSONNEL BOARD (Alternate) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve January 10,2006 - 28- Item V-J. 7. APPOINTMENTS ITEM # 54797 Upon NOMINATION by Vice Mayor Jones, City Council, REAPPOINTED: Nelson J. Navarro 3 year-term 1/01/06-12/31/08 RESORT AREA ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve January 10, 2006 - 29- Item V-No ADJOURNMENT ITEM # 54798 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:22 P.M. Q~___r;2:_~-:~~!"';> Beverly 0. Hooks, CMC Chief Deputy City Clerk q,a~;-- uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia After ADJOURNMENT, Public Comments relative Non Agenda Items were heard and adjourned 6:28 P.M. January 10, 2006 - 30- PUBLIC COMMENTS Non Agenda Items Karen Krieger, 2501 Little Acorn Court, Phone: 427-7092, requested a school blinking light on Windsor Oaks Boulevard. Ms. Krieger is an employee of White Oaks Elementary School, located on Windsor Oaks Boulevard (which is posted 25 miles per hour). Public Works has advised Mrs. Krieger that because the road is posted 25-miles per hour, a school blinking light cannot be installed. The City Manager will review and provide a report to City Council. Kenneth Pravetz, 4305 Shrew Trail, Phone: 416-1120, President - Virginia Beach Professional Fire Fighters. Mr. Pravetz advised a Public Hearing on the Public Safety Pay Plan is scheduled for January 24,2006. Mr. Pravetz expressed appreciation for City Council's consideration of the Public Safety Pay Compensation Plan. January 10,2006