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FEBRUARY 7, 2006 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCIANAN, Rase Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PHTHR W SCHMIDT, At-Large RON A VILlANUEVA, At-Large ROSHMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGFS SMI1H, MMC 7 FEBRUARY 2006 I. CITY MANAGER'S BRIEFING - Conference Room - 2:30 PM. A. VIRGINIA AQUARIUM Exhibit Update Lynn Clements, Director, Museums and Cultural Arts II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi Israel Zoherman Beth Chaverim Synagogue 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 January 31,2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. TAXI METER DROP FEE INCREASE I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1. Resolution CALLING for a voter-initiated REFERENDUM to determine "is there a need" for a Redevelopment and Housing Authority. 2. Resolution to AUTHORIZE the City Manager to incorporate in the fiscal budget process consideration of a Public Safety pay and classification range plan to prevent future pay compression. 3. Resolution to OUTLINE governing prequalification procedures of prospective contractors re construction contracts for complex projects. 4. Ordinance to AUTHORIZE the City Manager to acquire property adjacent to the Lake Edward West Pump Station for the amount of $4,000 and execute all necessary documents for the sale. 5. Ordinance to APPROPRIATE a $150,000 interest-free loan with scheduled repayments re Atlantic Wildfowl Heritage Museum site improvements. (deferred January 31, 2006) 6. Ordinance to ACCEPT and APPROPRIATE $115,000 from Virginia Department of Transportation (VDOT) to establish CIP funding for the Ferry Plantation House grant re restoration and landscaping. 7. Ordinance to ACCEPT and APPROPRIATE $51,375 to the Fire Department's FY 2005-06 Operating Budget re the purchase of a Hazmat Communications System. 8. Ordinance to TRANSFER $320,000 from the FY 2005-06 Operating Budget ofthe Tourism Growth and Investment Fund for: a. b. BeachStreet USA - Phase II Newspaper Rack Modules - Phase I Boardwalk Signage Enhancements $140,000 $150,000 $ 30,000 c. 9. Ordinance to TRANSFER $200,000 within the Parks and Recreation Department's FY 2005-06 Operating Budget re divided highway landscape enhancements. K. APPOINTMENTS BEACHES and WATERWAYS COMMISSION HEALTH SERVICES ADVISORY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASK FORCE RESORT AREA COMMITTEE (RAC) TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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 02/07/2006mb www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 7 February 2006 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re the update on the VIRGINIA AQUARIUM EXHIBIT in the Council Conference Room, City Hall, on Tuesday, February 7,2006, at 2:30 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Richard A. Maddox [Entered; 2:50 P.M) Jim Reeve [Entered: 2:40 P.M.] - 2 - CITY MANA GER 'S BRIEFING VIRGINIA AQUARIUM EXHIBIT Update 2:30 P.M. ITEM # 54870 Lynn Clements, Director - Museum and Cultural Arts, and Virginia Aquarium and Marine Science Center, introduced the following in attendance: Russell Turner, Director of Development - Virginia Aquarium, Maylon White, General Curator- Virginia Aquarium, Brad Converse, Architect, Chermayeff, Sollogub and Poole and Peter Sollogub, Project Architect - Chermayeff, Sollogub and Poole, as well as Tom Fraim - President - Virginia Aquarium and Marine Science Center Foundation. The twenty-year- old exhibits are being renovated and scheduled for opening March 2008. This public/private partnership has been successful. The City owns and operates the building and the exhibits are owned by the Foundation, a 501 (c) 3 Corporation. Approximately sixty (60) members, the majority business individuals who bring great resources, comprise the Foundation. Mr. Fraim accompanied Ms. Clements to the Shed Aquarium in Chicago for a meeting of all the Aquarium Directors in the United States. Mr. Fraim also went to Boston to meet the Architects. He is thoroughly committed. The City's Capital Improvement Program funds will be combined with those of the Commonwealth of Virginia. The construction document phase of this exhibit renovation is now commenced. The Foundation is building an extension to the Aquarium's boat dock to enable the new Virginia Wesleyan Research Vessel to dock. An Animal Care building is being donated, until the Aquarium's building is completed. The Foundation has funded Crocodile School, located in Florida, to train the staff. Tom Fraim, President - Virginia Aquarium and Marine Science Center Foundation, advised the Foundation is in the middle of the $25-MILLION Campaign and they are now over the magic $20- MILLION mark ($20-1/2 MILLION). Members of the Foundation and City representatives were in attendance during the General Assembly session. $2-MILLION is being requested from the Commonwealth. Mr. Fraimfeels confident a majority of these funds will be allocated. A $l-MILLION gift contribution has been received from the Batten family. $150,000 of their commitment is to be allocated for a portion of the Virginia Wesleyan Research Vessel. The remaining $850,000 will be utilized for collaborative research with Virginia Wesleyan and Old Dominion University. The Foundation has also submitted a grant application with the National Science Foundation for electronic research equipment for this Vessel. The Aquarium is a World Class facility as exemplified by employees of Virginia Aquarium. Susan Barco is teaching in Alaska. Mark Swingle is speaking in Galveston, Texas, re husbandry of the sea turtle. Through the American Zoological and Aquarium Association, the Virginia Aquarium's protocol for husbandry of sea turtles will be adopted throughout the United States. Peter Sollogub advised his firm has worked with aquariums around the world. Three (3) significant events occurred in the middle Atlantic and South. In May, the Aquarium in Tennessee expanded by opening the Oceans Journey building with a 4,000 square foot Gulf Tank exhibit. One of the largest Aquariums in the United States opened in October in Georgia. In November, the National Aquarium's Exhibit, consisting of the new Australian exhibit, opened. In September, Lynn Clements, Maylon White and Peter Sollogub attended the American Association of Zoos and Aquarium Convention in Chicago. This attendance advised exhibit should convey the messages of conservation, education and stewardship to a new generation entering the 2Ft Century. To develop this message, an exhibit methodology must consist of emotion, storytelling, immersion, surprise and technology. Mr. Sollogub referenced the "tour commences at the front door". On the right side will be a new gift shop, employing the newest techniques of the retail component. A new ticketing area will be on the left side. The attendees will be entering a bright new space. Moving beyond, the participants will enter a Global Gallery. This five (5)-foot globe has a technology depicting the location of storms, weather patterns, planets and can also be utilized interactively to discuss Virginia 2-Million years ago. Proceeding from the Global Gallery, the first major story "water" will commence: the Upland River Gallery ultimately to the Ocean. The Upland River Gallery will be enhanced with moving water and waterfalls. February 7,2006 - 3 - CITY MANA GER 'S BRIEFING VIRGINIA AQUARIUM EXHIBIT Update ITEM # 54870 (Continued) The next exhibit will be the Fall Zone. This Aquarium Tank will again have a waterfall containing various species. This Exhibit will extend the story of water. The Coastal River will consist of planting and indigenous species. The visitor will then embark to the Bridge Gallery. There will be a corridor depicting the Chesapeake Bay Bridge Tunnel. The visitors will be underneath the Bridge Tunnel, hearing the rumble of vehicles above. The Chesapeake Bay Gallery will consist of a series of exhibits "hands on" encompassing the inhabitants, places, technology, sciences and industries. The Chesapeake Ray Touch Tank (60,000 gallons) is a renovation of the existing touch tank. This tank will afford the challenged an opportunity to participate and provide better access for all individuals. The visitor will literally be on the Beach. The Ray Touch Tank is now under construction. A large gray tank will be placed at the base of the existing circular window, allowing visitors to go around the tank and "walk" into the circular window, coming 'face to face" with the turtles. Ray chandeliers will be on the ceiling. This great space will be devoted to touching and learning about Rays. Proceeding to the Norfolk Canyon will complete the "Journey of Water ". The Restless Planet encompasses Virginia's heritage and approximately 10,000 square feet. An introduction gallery will set the scene. A Southeast Asia Peat Swamp will be depicted. 300-MILLION years ago Dante, Virginia, was a tropical rain forest. The visitors will be struck by the change in temperature, very high humidity. A large leafy canopy will be above and the rumble of thunder will be heard. The floor will be "squishy". Different tanks will be featured. A signature species, the Tomistoma, which grows to approximately twelve (12) feet in length, is one of the principal characters featured and will be slithering around in the mud banks. From this exhibit, the visitors will enter the first of two (2) highly interactive science shacks. The Coastal Desert will greet the visitor with a blast of dry heat. A brilliant searing blue sky will be overhead. Salt formations, in terms of the topography will be above; below and beside the visitor with cloud formations will be overhead. A tremendous array of species such as the seahorse, cobra and cuttlefish, will encompass this exhibit. The Conservation Station will feature a tent inside the building. This will be utilized for demonstration of various animals and technologies, allowing the guests to participate in a "hands-on" experience. As the visitors enter the Red Sea, they will leave the heat and begin to feel the cool. Rock formations are indigenous of an underwater reef A spectacular live coral aquarium will greet the visitor. The Red Sea Aquarium to the right is over 100,000 gallons (approximately twice the size of the Chesapeake Bay Tank). As this Aquarium has a tunnel, the visitor will be completely surrounded by water. An Eagle Ray, with a wing span of six (6') feet will appear in the Red Sea Aquarium. The second the Science Shacks will be the next destination. This Shack will explain ocean rifling, as well as volcanism. The South Pacific Volcanic Island, Mount Rogers, Virginia, was volcanic approximately 500- MILLION years ago. The rumble of volcanoes will be heard. A thick leafy canopy will be overhead. Special animals will inhabit this exhibit. The Komodo Dragon, which is up to ten (10) feet in length, is the key feature. The Reflection Gallery is the final exhibit. The visitor becomes part of the aura and beauty of what has been seen. The design development documents have just been completed and construction documents are in process. Mr. Sollogub displayed the model which will be utilized in the construction of the habitats. This model will be available in Virginia Beach by late Spring or early Summer. The Ray Touch Tank is now under construction. Bidding and negotiations for the general contractor will occur during the Summer. The Aquarium, as has been planned, will be developing a phasing structure so operation of the facility will be continuous throughout the construction. General construction will continue through December 2007 with animal introduction in the late Winter and early Spring 2008. The Grand Opening is estimated to be March 2008. February 7,2006 - 4- C IT Y MANA G E R '5 B R IE FIN G VIRGINIA AQUARIUM EXHIBIT Update ITEM # 54870 (Continued) Concerning the review of the United States' ten (J 0) top Aquariums appearing in USA Today, the Virginia Aquarium did not appear on this list, which placement is determined by attendance numbers. Mrs. Clements advised the goal of the Virginia Aquarium is i-MILLION attendance. Visitor attendance is the basis of the top i 0 list. At the present time, the Aquarium has an attendance of 600,000. Mr. Sollogub was confident the facilities will be able to accommodate the crowds. February 7,2006 - 5 - CITYCOUNCIL LIAISON REPORTS 3:30P.M. ITEM # 54871 Council Members Wilson and Villanueva, Legislative Coordination Liaisons, advised they had dinner with the Legislators on Wednesday, February 1, 2006. With the exception of Delegates Terrie L. Suit and Harry R. "Bob "Purkey, all were in attendance. However, Delegates Suit and Purkey's Aides were present. Delegate Cosgrove from Chesapeake also represents a portion of Virginia Beach and was in attendance. Council Lady Wilson referenced an inquiry from a Vienna, Virginia, Council Lady. She was very concerned re the Telecommunications Bill and referenced a 1930 Bill in Paragraph 3, which stated a franchise was not necessary. This Bill is "grandfathered in" the franchise. Deputy Attorney William Macali advised the City has an existing cable franchise. The City specifically requested a "grandfather clause" be inserted, which states the City can utilize their franchise as a baseline for new franchises. Councilman Villanueva referenced: Resolution in OPPOSITION to Senate Bill No. 87 and House Bill No. 665 re permits for the selective pruning of certain vegetation in areas around billboards. (Sponsored by Mayor Meyera E. Oberndorf, Council Lady Reba S. McClanan and Council Lady Rosemary Wilson). (ADOPTED: January 24, 2006) Councilman Villanueva advised many of the Delegates and Senators are supportive of property rights and believe the Billboards are the property of private business entities (such as Adams Advertising). Councilman Villanueva understood there is a movement to support Senate Bill No. 87 and House Bill No. 665. Council Lady Wilson conferred with each of the Legislators and explained the City's position. This did not seem to change their minds. All citizens should contact their Legislators relative this important issue. Mayor Oberndorf advised the City has never planted trees in front of a Billboard. The City's trees are in the median, not on private land in front of their Billboards. Delegate Tata and Mrs. Blevins tried to convince her husband, Senator Blevins to "look out for the trees". Council Lady McClanan believes the Legislators are deliberately misinterpreting the intent. Council Lady McClanan expressed concern as citizens telephone calls in support had not been received. Deputy City Attorney Macali advised he forwarded to the Legislators a photograph taken from the westbound lane, looking through the trees. The billboards are visible. No one would have a difficult time reading the message on any billboard. Councilman Villanueva advised all of the Legislators are grappling with the issue of transportation and this Session might be a replay of two (2) years ago with the Budget debate. The Legislative Liaisons discovered there might be an extension of this Session due to conflict with transportation. One Bill of particular interest is a Governor's Bill sponsored by Senator Wagner allowing localities the authorization to place tolls on existing roads. Senator Nick Rerras is in opposition to a Bill regarding the utilizing of the Chesapeake Bay Bridge Tunnel Second Span Fund ($90-MILLION). These funds were raised by tolls throughout the years to build this Second Span. This is another access route for the northeasterners who come to Hampton Roads. Drastic relief is needed on Route 1-264. There are eight (8) major Virginia Department of Transportation projects in Virginia Beach. The City Manager advised he attended the last Board Meeting of the Chamber of Commerce and they were discussing this Bill. The Chamber has not taken a position. February 7,2006 - 6 - CITYCOUNCIL LIAISON REPORTS ITEM # 54871 (Continued) The City Manager advised James B. Ricketts, Director - Conventions and Visitors Bureau, because of the traffic surveys, has started advertising to come to Virginia Beach via 460 and Route 13. Traffic has replaced parking as the major irritant. If visitors cannot get into the Region, Virginia Beach is not going to be successful as a tourist destination. Mayor Oberndorf advised when the toll was removed from 1-264, the State also took $l1-MILLION and promised verbally these funds would be used for the improvement of 1-264 when necessary. The City inquired of these funds, which appeared to exist no longer. The City Council ADOPTED a Resolution requesting citizens to vote affirmatively for the Hampton Roads Transportation Referendum re increasing the sales and use tax by one percent (1%) and this revenue to be used solely for transportation improvements in this area (August 27, 2002). This Referendum was defeated. Mayor Oberndorf suggested a Summit re transportation be scheduled on a weekend. The General Assembly members would be invited to attend and explain their solutions to the public. The City Council could reiterate their proposals. The City Manager will assist with the scheduling of a Saturday date for the Transportation Summit and request Robert Matthias, Assistant to the City Manager, to confer with the Legislators concerning attendance of the majority. The Hampton Roads Planning District Commission (HRPDC) and the Metropolitan Planning Organization (MPO), the civic leagues and business representatives shall be invited. Vice Mayor Jones requested the City Manager provide information concerning the level of service on the Chesapeake Bay Bridge Tunnel. ITEM # 54873 Councilman Schmidt, Liaison to the LYNNHA VEN RIVER 2007, advised attending an Executive meeting on February 6, 2006. Their energy is continuous with nine (9) committees working diligently to move the process forward. Councilman Schmidt displayed a photo of the Committee's Flower and Garden Show Display in January 2006 entitled: Lynn's Haven. Fifty (50) volunteers and businesses contributed time and materials to this endeavor. Said report is hereby made a part of the record. ITEM # 54874 Councilman Maddox, Liaison to the CONVENTION CENTER, distributed his report: Project Budget: The project budget is $206,844,513. The work is currently progressing on budget and projected to be completed within this amount. Construction Status: The current amount of the Construction Management Agreement with Turner Construction is $159,323,058. As of January 31, 2006, the gross billings were $122,852,163 for completed work. Schedule: The current contract completion date for substantial completion of Phase IBis December 15, 2006. Turner is currently twelve (12) days behind schedule. The City Manager advised there are concerns relative the boardroom table design of the light which acts as a barrier to communication around the table. Altering the dimensions is being investigated. February 7,2006 - 7 - CITY COUNCIL COMMENTS 4:00 P.M. ITEM # 54875 Mayor Oberndorf expressed appreciation to the Public Works staff for their design of a very attractive sign, which points out the Elizabeth River as motorists cross the river bridge. A small ceremony was conducted during the installation of the sign. Virginia Beach works very hard, even though the majority of the pollution comes from other cities with major industrial complexes on the water. ITEM # 54876 Councilman Schmidt expressed appreciation to the Mayor and Councilman Dyer attending the Polar Plunge XIV between 6th and 8th Streets at the Virginia Beach Oceanfront, Saturday, February 4, 2006, at 2:30 P.M. Over $505,000 was raisedfor Special Olympics Virginia. Over 3,000 plungers participated. The water was only 44 degrees. Mayor Oberndorf also expressed appreciation to the volunteers of the Rescue Squad and the approximately eighty (80) Divers who stood ready to assist in the event of emergencies. Maylon White, General Curator- Virginia Aquarium, was one of the Divers. February 7,2006 - 8 - AGENDA RE VIE W SESSION 4:05 P.M. ITEM # 54878 J.1. Resolution to AUTHORIZE the City Manager to incorporate in the fiscal budget process consideration of a Public Safety pay and classification range plan to prevent future pay compression Councilman Diezel requested this item be ADOPTED AS REVISED * On Lines 14 and 15 after the verbiage "...safety pay and classification ranges", the following shall be inserted: ".. . utilizing the current City pay plans. " Associate City Attorney Rod Ingram distributed the Revised Version. ITEM # 54879 BY CONSENSUS, these items shall compose the CONSENT AGENDA: J. RESOLUTIONS/ORDINANCES 1. Resolution CALLING for a voter-initiated REFERENDUM to determine "is there a need" for a Redevelopment and Housing Authority. 2. Resolution to AUTHORIZE the City Manager to incorporate in the fiscal budget process consideration of a Public Safety pay and classification range plan to prevent future pay compression. 3. Resolution to OUTLINE governing prequalification procedures of prospective contractors re construction contracts for complex projects. 4. Ordinance to AUTHORIZE the City Manager to acquire property adjacent to the Lake Edward West Pump Stationfor the amount of $4, 000 and execute all necessary documents for the sale. 5. Ordinance to APPROPRIATE a $150,000 interest-free loan with scheduled repayments re Atlantic Wildfowl Heritage Museum site improvements. (deferred January 31,2006) 6. Ordinance to ACCEPT and APPROPRIATE $115,000 from Virginia Department of Transportation (VDOT) to establish CIP funding for the Ferry Plantation House grant re restoration and landscaping. 7. Ordinance to ACCEPT and APPROPRIATE $51,375 to the Fire Department's FY 2005-06 Operating Budget re the purchase of a Hazmat Communications System. February 7,2006 - 9 - AGENDA RE VIE W SESSION ITEM # 54879 (Continued) 8. Ordinance to TRANSFER $320,000 from the FY 2005-06 Operating Budget of the Tourism Growth and Investment Fund for: a. BeachStreet USA - Phase II b. Newspaper Rack Modules - Phase I c. Boardwalk Sign age Enhancements $140,000 $150,000 $ 30,000 9. Ordinance to TRANSFER $200,000 within the Parks and Recreation Department's FY 2005-06 Operating Budget re divided highway landscape enhancements. Item J.2, shall be ADOPTED, BY CONSENT, AS REVISED. February 7,2006 - 10- ITEM # 54880 Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code oJ Virginia, as amended,for theJollowing purpose: PERSONNEL MATTERS: Discussion, consideration or interviews oj prospective candidates Jor employment, assignment, appointment, promotion, perJormance, demotion, salaries, disciplining or resignation oj specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Beaches and Waterways Commission Francis Land House Board oj Governors Governance Committee Jor Historic Sites Health Services Advisory Board Investment Partnership Advisory Committee Meals Tax Task Force Resort Advisory Commission (RAC) Transportation District Commission oj Hampton Roads Virginia Beach Community Development Corporation (VBCDC) PUBLICLY-HELD PROPERTY: Discussion or consideration oj the condition, acquisition, or use oj real property Jor public purpose, or oj the disposition oj publicly-held property, or oj plans Jor the Juture oj an institution which could affect the value oj property owned or desirable Jor ownership by such institution pursuant to Section 2.2-3711(A)(3). Bayside District Princess Anne District Upon motion by Councilman Schmidt, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (4:25 P.M.). Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 4:05 P.M. - 5:30 P.M.) (Dinner: 5:45 P.M. - 6:05 P.M.) February 7, 2006 - 11 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 7,2006 6:10 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 7, 2006, at 6:10 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Israel Zoberman Beth Chaverim Synagogue 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 this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. February 7,2006 - 12 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54881 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 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 # 54880, page 10, 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. ~~~-=- uth Hodges Smith, MMC City Clerk February 7, 2006 - 13 - Item V- F.l. MINUTES ITEM #54882 Upon motion by Councilman Schmidt, seconded by Councilman Dyer, City Council APPROVED Minutes of the INFORMAL AND FORMAL SESSIONS of January 31,2006. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 Item V-G. ADOPT A GENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 14- ITEM #54883 AGENDA FOR THE FORMAL SESSION February 7,2006 - 15 - Item V-H.i. PUBLIC COMMENT ITEM #54884 Mayor Oberndorf DECLARED PUBLIC COMMENT: TAXI METER DROP FEE INCREASE The following registered to speak: Richard L. Yount, 3407 Norfeld Court, Phone: 368-0505, Taxi Driver, expressed appreciation for the increase in meter drop fees. However the taxi drivers had requested 25~ more than the allocation from $1.85 to 2.25. Mr. Yount requested the City review the issue of Norfolk cab drivers illegally picking up passengers in Virginia Beach. February 7,2006 - 16 - Item v'J. RESOLUTION/ORDINANCES ITEM # 54885 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1, 2 (AS REVISED), 3, 4, 5, 6, 7,8 and 9 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 - 17 - Item v.J.1. RESOLUTION/ORDINANCES ITEM # 54886 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolution CALLING for a voter-initiated REFERENDUM to determine "is there a need" for a Redevelopment and Housing Authority. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7, 2006 1 A RESOLUTION CALLING FOR A VOTER- 2 INITIATED REFERENDUM ELECTION TO 3 ACTIVATE A REDEVELOPMENT AND HOUSING 4 AUTHORITY 5 WHEREAS, on September 6, 2005, a private citizen submitted a 6 Petition of Qualified Voters for Referendum to the Voter Registrar 7 for the City of Virginia Beach; 8 WHEREAS, the petition was submitted pursuant to the provisions 9 of the Housing Authorities Law, which authorizes a referendum 10 election to create a redevelopment and housing authority upon the 11 filing of a petition signed by 100 freeholders of the City; 12 WHEREAS, the Housing Authorities Law requires the City Council 13 to call for a referendum election upon the filing of such a 14 peti tion; 15 WHEREAS, a court order calling for a referendum election must 16 be entered in order that such a referendum election be held; and 17 WHEREAS, the Voter Registrar has verified that the petition 18 was signed by at least 100 registered voters of the City of 19 Virginia Beach who also own land in the City, and thus the petition 20 is valid. 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 Pursuant to the requirements imposed by Virginia Code ~ 36-4, 24 the City Council hereby calls for a referendum election to be held 25 on May 2, 2006, to determine whether there is need for a housing 26 and redevelopment authority. The City Council hereby directs the 27 City Attorney to present the petition, along with a certified copy 28 of this resolution and an appropriate order, to the clerk of the 29 circuit court, for entry of an order pursuant to Virginia Code ~ 30 24.2-684. 3l 32 Adopted by virginia, on the the 7th Council day of of the City February of Virginia , 2006. Beach, APPROVED AS TO LEGAL SUFFICIENCY -?~~ City Attorney Off~ce CA-9753 H/p&A/OrdRes/Housing Ref RES.doc January 27, 2006 R-10 - 18 - Item v'J.2. RESOLUTION/ORDINANCES ITEM # 54887 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, AS REVISED: Resolution to AUTHORIZE the City Manager to incorporate in the fiscal budget process consideration of a Public Safety pay and classification range plan to prevent future pay compression Councilman Diezel requested this item be ADOPTED AS REVISED * On Lines 14 and 15 after the verbiage "...safety pay and classification ranges", the following shall be inserted: ".. . utilizing the current City pay plans." Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 ALTERNATE VERSION REQUESTED BY COUNCILMEMBERS DIEZEL AND WOOD 1 2 A RESOLUTION TO ADDRESS PUBLIC SAFETY PAY COMPRESSION DISPARITIES 3 WHEREAS, the safety of Virginia Beach's citizens is 4 greatly enhanced by the City retaining its experienced public 5 safety employees; and 6 WHEREAS, pay compression has led many experienced public 7 safety employees to leave the City workforce to pursue positions 8 with other employers, including the federal government and the 9 private sector. 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That the City Manager is hereby directed to incorporate into 13 the budget process the following considerations, across the public 14 safety pay and classification ranges, utilizing the current City 15 pay plans: 16 1. To prevent . future pay compression ln the public safety 17 pay and classification plans, pay adjustments shall be applied to 18 all employees and ranges; 19 2. For both fiscal year 06-07 and fiscal year 07-08, 20 adjustments based on years of service and years in grade shall be 21 made to the current public safety pay and classification plans, at 22 a maximum cost of $4.5 million per fiscal year; 23 3. Prior to December I, 2007, a revised step plan shall be 24 submitted to Council for review and discussion so it may be 25 considered as part of the fiscal year 08-09 budget; 26 4. Even if the above steps fail to alleviate supervisory pay 27 compression, such compression shall be alleviated within three 28 years of identification; 29 5. Future market salary surveys shall be restricted 30 initially to Hampton Roads communities; and 31 6. Proposed budgets shall include an annual summary of 32 entry-level public safety salaries in surrounding Hampton Roads 33 communities. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the 7th day of Februa.ry , 2006. APPROVED AS TO LEGAL SUFFICIENCY R~~ City Attorney's Office CA-9909 H/p&A/OrdRes/Public Safety Compensation RES.doc February 7 2006 R-4 - 19 - Item v'J.3. RESOLUTION/ORDINANCES ITEM # 54888 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolution to OUTLINE procedures of prospective contracts for complex projects governing contractors prequalification re construction Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 1 A RESOLUTION OUTLINING PROCEDURES FOR 2 THE PREQUALIFICATION OF PROSPECTIVE 3 CONTRACTORS FOR CONSTRUCTION CONTRACTS 4 TO BE USED FOR COMPLEX PROJECTS 5 WHEREAS, pursuant to Code of Virginia ("Virginia Code") ~ 2.2- 6 4317, prospective contractors may be prequalified for particular 7 types of supplies, services, insurance or construction, and 8 consideration of bids or proposals may be limited to prequalified 9 contractors; 10 WHEREAS, any prequalification of prospective contractors for 11 construction by a public body shall be pursuant to a 12 prequalification process for construction projects adopted by the 13 public body; and 14 WHEREAS, the City of Virginia Beach, Virginia, ("City") 15 desires to establish the necessary procedures for the 16 prequalification of prospective contractors for construction 17 contracts. 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That the following procedures shall govern the 21 prequalification of prospective contractors for construction 22 contracts: 23 1. The City shall publish notice of its request for 24 qualifications ("RFQ") at least ten (10) days prior to the date set 25 for receipt of qualifications by posting in the Purchasing Agent's 26 27 28 29 30 31 32 33 34 35 36 37 office and in a local newspaper of general circulation in the City so as to provide reasonable notice to the maximum number of offerors that can be reasonably anticipated to submit qualification in response to the particular request. Additionally, qualification may be solicited directly from vendors. If practicable, the notice shall also be published in appropriate national trade publications. 2. The RFQ shall indicate in general terms those services sought by the City, specifying the factors to be used in evaluating the potential offeror's qualifications. The RFQ shall contain or incorporate by reference other applicable contractual terms and conditions, including any unique capabilities to be required of the offeror. The RFQ shall request of potential offerors only such 38 information as is appropriate for an objective evaluation of all 39 offerors pursuant to such criteria. Prior to the issuance of the 40 41 the City shall establish procedures whereby comments in the RFQ can be RFQ, concerning specifications or other provisions 42 received and considered prior to the time set for receipt of 43 qualifications. 44 3. The Committee shall evaluate each responding offeror's 45 qualifications submittal, and any other relevant information, and 46 shall select a minimum of two (2) offerors deemed to be fully 47 qualified and best suited. An offeror may be denied 48 prequalification only upon the grounds set forth in Virginia Code ~ 49 2.2-4317. At least thirty (30) days prior to the date established 50 for the submission of proposals, the City shall advise each offeror 51 in writing as to whether that offeror has been prequalified. In 52 the event that an offeror is denied prequalification, the written 53 notice shall state the reasons for the denial of prequalification 54 and the factual basis for such reasons. 55 Adopted by the Council of the City of Virginia Beach, 56 Virginia, on the 7t.h day of Fp-hrurI ry , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ('. .'. ....... ."-" ) l' " \:1cJL'UUGL u~lu1Ltv Finance Department CA9896 H:\GG\PA\OrdRes\Constractor Contracts RES R-2 January 19, 2006 - 20- Item v'J.4. RESOLUTION/ORDINANCES ITEM # 54889 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to acquire property adjacent to the Lake Edward West Pump Station for the amount of $4, 000 and execute all necessary documents for the sale. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO AUTHOR I ZE THE ACQUISITION OF THE PARCEL ADJACENT TO THE LAKE EDWARD WEST PUMP STATION (GPIN 1468-00-7705), IN FEE SIMPLE Funds from CIP Expansion Cost Agreements Phase I 6-082 System Participation WHEREAS, In the opinion of the Council of the City of Virginia 12 Beach, Virginia, a public necessity exists for the acquisition of 13 the parcel adjacent to the Lake Edward West Pump Station (GPIN 14 1468-00-7705) (the "Parcel") for future replacement or 15 rehabilitation of the Lake Edward West Pump Station, to provide 16 needed improvements to the City's water and sanitary sewer system 17 and for other public purposes including the preservation of the 18 safety, health, comfort and convenience, and for the general 19 welfare of the citizens of the City of Virginia Beach, Virginia; 20 WHEREAS, the owner of the Parcel, Robert L. Flowers, Jr., 21 desires and has offered to sell to the City of Virginia Beach, 22 Virginia, the Parcel pursuant to an Agreement of Sale, the terms 23 and conditions of which are mutually agreeable to all parties; and 24 WHEREAS, funding for this acquisition is available and has 25 been approved in CIP Project 6-028 System Expansion Cost 26 Participation Agreements Phase I. 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 1. That the City Council finds there is a public necessity 30 for acquisition of this parcel for future replacement or Page 1 of 3 31 rehabilitation of the Lake Edward West Pump Station and approves 32 and authorizes the acquisition in fee simple of the parcel adjacent 33 to the Lake Edward West Pump Station (GPIN 1468-00-7705) (the 34 "Parcel") from Robert L. Flowers, Jr., by purchase purs uan t to 35 515.2-1800 of the Code of Virginia, 1950, as amended, which Parcel 36 is shown on Exhibit A attached hereto. Use of the Parcel will be 37 made only after compliance with Administrative Directive 3.14 for 38 "Public Input for Public Infrastructure Projects Undertaken in the 39 City." 40 2. That the City Manager or his designee lS hereby 41 authorized to execute on behalf of the City of Virginia Beach an 42 Agreement of Sale for the Parcel for the sum and payment of Four 43 Thousand Dollars ($4,000.00). 44 3. That the City Manager or his designee is further 45 authorized to execute all documents that may be necessary or 46 appropriate In connection with the purchase of the Parcel, so long 47 as such documents are acceptable to the City Manager and City 48 Attorney. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of February 2006. Page 2 of3 APPROVED AS TO LEGAL SUFFICIENCY i~ J JQ& CITY ATTORNEY CA9830 F:\Data\ATY\OID\REALESTATE\Acquisitions\WORKING-COND\AcquisitionOrdinances\ORDINANCE6-082Lake Edwards West.doc R-1 January 18, 2006 Page 3 of 3 [-~--:._----- Flowers Site Lake Edward .--.-.,--..-- - 21 - Item v'J.5. RESOLUTION/ORDINANCES ITEM # 54890 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to APPROPRIATE a $150,000 interest-free loan with scheduled repayments re Atlantic Wildfowl Heritage Museum site improvements. (deferred January 31,2006) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7, 2006 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE FROM THE FUND BALANCE OF THE FUND TO THE ATLANTIC WILDFOWL MUSEUM FOR SITE IMPROVEMENTS $150,000 GENERAL HERITAGE WHEREAS, the Atlantic Wildfowl Heritage Museum (the 7 "Museum") is located in the historic DeWitt Cottage at 12th 8 Street and Atlantic Avenue at the Oceanfront; and 9 WHEREAS, the Museum has planned a series of site 10 improvements, including the placement of a permanent sculpture 11 on the grounds of the DeWitt Cottage, relocation of the parking 12 area, and landscaping, as outlined in the attached Preliminary 13 Design Booklet, and 14 WHEREAS, the Museum does not presently have sufficient 15 funds to pay for these improvements, but has represented that 16 current fund-raising efforts will enable it to repay an 17 interest-free loan from the City of Virginia Beach in the amount 18 of $150,000. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 1. That $150,000 is hereby appropriated from the Fund 22 Balance of the General Fund to provide an interest-free loan to 23 the Atlantic Wildfowl Heritage Museum, so that the Museum may 24 undertake site improvements in accordance with the attached 25 Preliminary Design Booklet. 26 2. That the Museum may draw down on the loan prior to 27 December 31, 2006, as necessary. 28 3 . That the terms for this loan shall provide that it is 29 to be repaid by the Museum over five (5) years, with payments 30 due on the thirty-first (31st) d f D mb h ay 0 ece er eac year. 31 Payments shall be made in five (5) equal installments, with the 32 first payment to be made on or before December 31, 2006, and the 33 last payment to be made on or before December 31, 2010. 34 3. That, as a condition of receiving this loan, the 35 Museum shall execute a promissory note providing for the terms 36 and conditions of the loan and provide quarterly reports, 37 beginning on April 1, 2006, to the City Manager concerning the 38 status of the Museum's pledge campaign and collections. 39 4. That the City Manager is hereby authorized to execute 40 a memorandum of understanding consistent with the terms of this 41 ordinance. 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia on the 7th day of February , 2006. Requires an affirmative vote by a majori ty of the members of the City Council APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J9-cWJ Q. t Javru !. K.~ City Attorney' Offlce Management Services CA9898 H:\PA\GG\OrdRes\Wildfowl Museum Loan ORD R-3 February 1, 2006 TITLE: PURPOSE: PROJECT FUNDING: DRAFT TERM SHEET Agreement between the Atlantic Wildfowl Heritage Museum and the City of Virginia Beach. To partner for the construction of various site enhancements including new paving, walkways, landscaping, signage and the placement of a sculpture on the grounds of the Atlantic Wildfowl Heritage Museum, 113 Atlantic Avenue. All costs are to be borne by the Atlantic Wildfowl Heritage Museum. Resources will be provided by existing contributions. In order to accelerate the realization of the project an interest free loan from the City of Virginia Beach is provided. The proceeds from the loan, when combined with existing funds and the contribution of service and materials from Guild supporters, will allow the project to move quickly to completion. Completion date shall be on or before December 31, 2006. LOAN AMOUNT: The Museum may draw down up to $150,000 prior to December 31, 2006. LOAN PAYMENT SCHEDULE: CONTRIBUTION PROCESS AND CONDITIONS: The loan shall be repaid over five years with payments due on December 31,2006, December 31,2007, December 31,2008, December 31, 2009, and December 31,2010. Payment shall be made in equal installments based on the total amount borrowed. The Atlantic Wildfowl Heritage Museum shall be responsible for the design, permitting and construction of all plans and site improvements as shown in the preliminary design booklet dated December 14, 2001, entitled, "Proposed Site Improvements at Atlantic Wildfowl Heritage Museum," Virginia Beach, Virginia. All construction is subject to review and approval by the City of Virginia Beach. - 22- Item v'J.6. RESOLUTION/ORDINANCES ITEM # 54891 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $115,000 from Virginia Department of Transportation (VDOT) to establish ClP funding for the Ferry Plantation House grant re restoration and landscaping. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE $115,000 FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ESTABLISH CIP PROJECT # 3-300, FERRY PLANTATION HOUSE GRANT WHEREAS, the Virginia Transportation Board has allocated 8 Federal Transportation Enhancement funds to the City of Virginia 9 Beach to provide for building restoration and landscaping at the 10 Ferry Plantation House. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 1. That Capital proj ect # 3-300, Ferry Plantation House 14 Grant, is hereby established in the Capital Improvement Program 15 for the purpose of funding building restoration and landscaping 16 at the Ferry Plantation House. 17 2. That $115,000 is hereby accepted from the Virginia 18 Department of Transportation and appropriated to Capital Project 19 # 3-300, Ferry Plantation House Grant, in the FY 2005-06 Capital 20 Budget, with revenue from the federal government increased 21 accordingly. 22 3. That $30,000 is hereby transferred from Capital 23 Project # 3-107, Ferry Farm House Restoration, to Capital 24 project# 3-300, Ferry Plantation House Grant, to provide the 25 required match funds. 26 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of FE'brllary , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: EcwJQ.~ Management Services Jwn~u~ City Attorney's 0 flce CA9899 H:\PA\GG\OrdRes\Ferry Plantation House ORD R-4 January 27, 2006 I - 1-03; J1:i4~M; 26~:,~36 .u ~ COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219.2000 PHILIP A. SHUCET COMMISSIONER MICHAEL A. ESrES. PE INTERIM DIRECTOR LOCAL ASSISTANCE DNlSION October 21, 2003 Mr. Robert J. Scott Director of Planning 2405 Courthouse Drive Virginia Beach, Virginia 23456 Fax II Subject: Enhancement Program The ferry Plantation House Restoration Dear Mr. Scott: Congratulations! Your application for EnhancemenLProgr.am funds submitted July 1, 2003 has been approved by the Commonwealth Transportation Board in the amount of $115,000.00. Meetings have been scheduled in several different areas of the state, to discuss neces.sary steps for implementation of your enhancement project. A copy of the meeting schedule is attached. All project sponsor meetings will begin at lOAM and it is imperative that a representative from the project sponsor be present at one of these meetings. Please call 1- 800-444-7832 and let us know which meeting you will be attending, and how many will attend, in order that sufficient space can be made available. Please do not spend any funds or initiate any phase of your project until after this meeting, and until you are authorized in Writing to do so. Since this is a federally funded program, to begin project activities before securing proper authorization would jeopardize federal participation. In consideration of applications for the next selection round, it will not be necessary for you to submit another application. Your application submitted this past July 1, 2003 will automatically be reconsidered. You should update the financial information and funding request included in your previous application, and that information should be submitted to us by March 1,2004. In addition, applications for any new projects will also be due by that date. The Enhancement Program Staff wiH be conducting public workshops on the next round of applications and selection process the same day that project sponsor meetings are held. These applicant workshops will be held at the same location and are scheduled to begin at 1 :30 in the afternoon. 11 ~~- " :( -0;';, ; 1 1 ; 14,;::..."'/; : ~;.; -4 6S e~ ;::-~ ~ Mr. Robert J. Scott October 21, 2003 Page 2 If you have any questions about your current application or the recent selections, please contact the members of our Enhancement Program Staff at 1 ~800-444~ 7832. Thank you for your interest in Virginia's Enhancement Program Sincerely, ;(t:f~/. Enhancement Program Section V!I: - 23 - Item v'J. 7. RESOLUTION/ORDINANCES ITEM # 54892 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $51,375 to the Fire Department's FY 2005-06 Operating Budget re the purchase of a Hazmat Communications System. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE $51,375 TO THE FIRE DEPARTMENT'S FY 2005-06 OPERATING BUDGET FOR THE PURCHASE OF A HAZMAT COMMUNICATIONS SYSTEM 1 " L. 6 WHEREAS, the Virginia Beach Fire Department received a 7 grant in 1999 to fund the purchase of a communications system 8 that failed to operate properly and the vendor has refunded the 9 purchase price to the City; and 10 WHEREAS, the use of these funds to purchase a new 11 communications system is consistent with the intent of the 12 original grant. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That $51,376 in funds is hereby accepted and appropriated 16 to the Fire Department's FY 2005-06 Operating Budget to be used 17 for the purchase of a new hazmat communications system, with 18 local revenue increased accordingly. 19 Accepted by the Council of the City of Virginia Beach, 20 Virginia on the 7th day of F'phrll.::lry , 2006. APPROVED AS TO CONTENT: ') APPROVED AS TO LEGAL SUFFICIENCY: 3~Q_. Management Services JUJU ?j-~ City Attorney's fflce CA9895 H:\PA\GG\OrdRes\CAT System Refund ORD R-l January 17, 2006 - 24- Item V.J.8.a/b/c RESOLUTION/ORDINANCES ITEM # 54893 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to TRANSFER $320,000 from the FY 2005-06 Operating Budget of the Tourism Growth and Investment Fund for: a. BeachStreet USA - Phase II b. Newspaper Rack Modules - Phase I c. Boardwalk Signage Enhancements $140,000 $150,000 $ 30,000 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 1 AN ORDINANCE TO TRANSFER $320,000 FROM THE 2 RESERVE FOR CONTINGENCIES IN THE FY 2005-06 3 OPERATING BUDGET OF THE TOURISM GROWTH AND 4 INVESTMENT FUND TO FUND CI P PROJECT # 9-07 5 5 BEACHSTREET USA PHASE II AND OTHER 6 IMPROVEMENTS IN THE RESORT AREA 7 WHEREAS, the FY 2005-06 Operating Budget of the Tourism Growth 8 and Investment Fund has sufficient funds to provide resort area 9 improvements supported by the Resort Advisory Committee. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 1. That Capital Project #9-075, BeachStreet USA - Phase II, 13 is hereby established in the FY 2005-06 Capital Budget. 14 2 . That $140,000 is hereby transferred from the Reserve for 15 Contingencies in the FY 2005-06 Operating Budget of the Tourism 16 Growth and Investment Fund to Capital Project #9-075, BeachStreet 17 USA - Phase II, for additional lighting in the resort area. 18 3. That $180,000 is hereby transferred within the FY 2005-06 19 Operating Budget of the Tourism Growth and Investment Fund from 20 Reserve for Contingencies to Resort Building Maintenance for other 21 improvements in the resort area. 22 23 Adopted by Virginia, on the the 7th Council of the day of Februa.ry Ci ty of , 2006. Virginia Beach, Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1\ ., ) ~ ,~WU- Management Servlces - Jtlnu. L!_ ~L City Attorney's ffice CA9904 H:\PA\GG\OrdRes\TGIF Projects ORD R-2 January 26 2006 01-10-'06 14:23 FROM-TAYLORS DO-IT CENTER 757-491-2912 T-410 P002/002 F-653 Resort Advisory COt'l"\miSlion 2101 Parks AvenIJB. Suite 502 Virginia Beach, Virginia 23451 (157) 437-4800 FAX (757) 422-3666 January 6. 2006 Mike Eason R.sort Administrator Resort Man,gement Office 2'01 P",fcs Avenue, Suite S02 Virginia BeKh, Virginia 23451 Dear Mr. Eason; At its January S. 2006. meeting. the Resort Advisory Commission unanimously voted to support funding lrom TGIF for fjve ptojeC'CS: 11-' Street Ughting Project, 17Wl Street Park Storage Facility, News Rack Modules, Improved Boatdwalk Signs. and Legends Walle Phase II; these projects were approved with the condition that the Ughting, News Racks, and Boardwalk Signs be completed by the 2006 s.ason. If you have any Que$tions or need any additional information, please don't hesitate to contact me. I ~ ~ Joseph O. Taylor, II Chairman Resort Advisory Commission Copy to: Mayor Oberndorl and Member$ of City Council RAe Commissioners Jim Ricketts - 25 - Item v'J. 9. RESOLUTION/ORDINANCES ITEM # 54894 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to TRANSFER $200,000 within the Parks and Recreation Department's FY 2005-06 Operating Budget re divided highway landscape enhancements. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 1 2 3 4 AN ORDINANCE TO TRANSFER $200,000 WITHIN THE PARKS AND RECREATION DEPARTMENT'S FY 2005-06 OPERATING BUDGET FOR THE PURPOSES OF ENHANCING LANDSCAPING OF DIVIDED HIGHWAYS 5 WHEREAS, the Landscape Services Division of the Parks and 6 Recreation Department is anticipating a surplus of personnel funds 7 due to vacancies and is requesting to redirect those funds to 8 contractual services accounts to enhance highway landscape 9 maintenance. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That $200,000 is hereby transferred within the Parks and 13 Recreation Department's FY 2005-06 Operating Budget for the purpose 14 of enhancing the landscaping of divided highways for the remainder 15 of the current fiscal year. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the 7th day of Februarv , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CJ~Q (J 'l.)ll11U l ( ~ iN.. City Atto~ney's ffice Management CA9902 H:\PA\GG\OrdRes\Highway R-l January 24, 2006 Landscaping ORD - 26- Item V-K.l. APPOINTMENTS ITEM # 54895 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASKFORCE RESORT AREA COMMITTEE (RAC) VIRGINA BEACH COMMUNITY DEVELOPMENT CORPORATION February 7,2006 - 27 - Item V-K.2. APPOINTMENTS ITEM # 54896 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Linda Lane Lilley, Ph.D Unexpired thru 03/31/2008 HEALTH SERVICES ADVISORY Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 - 28 - Item V-K.3. APPOINTMENTS ITEM # 54897 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Travis Campbell Alternate No Term TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7,2006 - 29 - Item V-No ADJOURNMENT ITEM # 54898 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:20 P.M. __CJ~___cJ->-_Zt:C!_~L-.J Beverly o.Hooks, CMC Chief Deputy City Clerk ~cl!_=::- Ruth 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 6:38 P.M. February 7,2006 - 30 - PUBLIC COMMENTS Non Agenda Items Scott Seeley, 412 20th Street, Phone: 343-9634, spoke relative 19th Street widening, as he was in attendance during the City Council Workshop of January 17, 2006, discussions. As a resident of 20th Street, he is not affected by this project. Mr. Seeley requested the options be reviewed which require a minimum of eminent domain condemnation. Two (2) of the options require only a single acquisition which is not an owner-occupied house. The third option requires eight (8) whole property acquisitions along 19th Street. Mr. Seeley requested this option not be pursued without willing support of the owners. Karen Krieger, 2501 Little Acorn Court, Phone: 427-7092, had previously 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). The City Manager, in his correspondence, advised as this roadways is posted 25 miles per hour, it does not meet the requirements of a school zone caution light. Mrs. Krieger requested reconsideration. Mrs. Krieger's post as crossing guard is on a blind corner. The City Manager advised the staffwould make a site visit to the blind corner. The City Manager has requested the police to do additional Police enforcement. Kelli Bonkoski, 313 Eastwood Circle, Phone: 428-2406, requested permission to keep her fence in this current location at its current height of 6 feet. Information distributed is hereby made a part of the record. As the fence issue is now under discussion and amendments to the City Code will be considered, Mrs. Bonkoski was requested to discuss this matter with the Director of Zoning. Information shall be provided February 7,2006