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Home My WebLink AboutFEBRUARY 1, 2005 MINUTES CITY OF VIRGINIA BEACH ACOMMUNITY 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. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY 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 HODGES SMITH, MMC 1 February 2005 I. CITY MANAGER'S BRIEFINGS Conference Room A. BIENNIUM BUDGET - FIVE YEAR FORECAST Catheryn Whitesell, Director - Department of Management Services B. SIDEWALK CAFE GUIDELINES Jim Ricketts, Director - Convention and Visitors Bureau II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 2:30 PM V. INFORMAL SESSION - Conference Room - 4:30PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Clarence McPherson Pastor, Agape International Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNlTED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. 2. Special Session Formal and Informal Session January 18, 2005 January 25,2005 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. AMEND FY 2004-05 CAPITAL BUDGET $9,750,000 - 9th Street Garage Acquisition 2. FARMER'S MARKET LEASES # 9 Bill and Linda Skipper t/a Skipper Farms #13 Mark Holland & Jesse Spry t/a S & H Produce #37 Robert H. Sto1man t/a Tall Cedars Farm I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AUTHORIZE lease of retail spaces at Farmer's Market: a. # 9 Bill and Linda Skipper t/a Skipper Farms b. #13 Mark Holland and Jesse Spry t/a S & H Produce c. #37 Robert H. Stolman t/a Tall Cedars Farm 2. Ordinance to TRANSFER $1,200,000 within the FY 2004-05 Capital Improvement Budget to fund the Jetty extension at Rudee Inlet K. APPOINTMENTS Bikeways and Trails Advisory Committee Community Policy and Management Team - CSA At Risk Development Authority Francis Land House Board of Governors Health Services Advisory Board Historical Review Board Investment Partnership Advisory Committee Minority Business Council Parks and Recreation Commission Towing Advisory Board 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 2/1105st www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 1 February 2005 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re BIENNIUM BUDGET - FIVE YEAR FORECAST in the Council Conference Room, City Hall, on Tuesday, February 1, 2005, at 2:30 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, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Jim Reeve [Entered: 2:50 P.M.] - 2- CITY MANAGER'S BRIEFING BIENNIUM BUDGET - FIVE YEAR FORECAST 2:30 P.M. ITEM # 53515 Catheryn Whitesell, Director - Department of Management Services, provided information relative the status of the Biennial FY 2005-2006/2006-2007 Budget and changes since the Five Year Forecast. As there are still eight weeks prior to Management Services presenting the proposed Biennial FY 2005-2006/2006-2007 Budget and FY 2005-2006/2010-2011 Capital Improvement Program to City Council, the Department is refining revenue projections, monitoring General Assembly actions and working through funding needs for the various programs and services offered by the City. Biennial Budget Status Departments submitted requests for two (2) years Allowed for longer term focus and linkages to strategic plans Clearly identified impacts of capital project decision Difficulty handling two years work of costs and projects Revenues The revenue picture continues to improve since the Five Year Forecast presentation (November 16, 2004) Real Estate continues its strong growth * Issues with Personal Property Tax Relief appear to be resolved in the Governor's Budget All new growth in Real Estate Taxes since the Five Year Forecast has been set aside (pending final decisions on the proposed Budget and Capital Improvement Program) *Personal property tax relief, which in November appeared would impact the revenue streams, appears to be resolved through the Governor's budget language. As this relief moves through the General Assembly, the Department will continue to monitor the status carefully. At the present time, no adjustments to Personal Property Tax revenue are recommended. Real Estate Tax Revenues as depicted in the graph displayed to City Council are projected to increase, approximately $12-MILLION more in FY 2006, than projected with the Five Year Forecast, and an additional $8-MILLION for FY 2007. At the present time the proposed Biennial Budget will include a 1.64~ reduction in real estate tax rate for FY 2006 and an additional2~ for FY 2007. As the department continues to work through all outstanding issues including School related issues, a greater reduction might be recommended. However, any reduction in the rate may come with reducing the City's ability to deliver services and meet previous commitments. In FY 2006, $81,35-MILLION in additional Real Estate Tax Revenue is projected. February 1, 2005 - 3 - REVENUES Real Estate Tax Revenue Growth (MILLIONS) FY 2006 FY 2007 Total Growth $ 81.35 $ 87.79 Less: Sandbridge TIF 2.55 1.65 Lynnhaven Mall TIF 0.14 0.20 Central Business District TIF 0.56 1.00 Town Center SSD 0.10 0.20 Sandbridge SSD 0.30 0.14 School Formula 33.54 27.89 Agriculture Reserve Program 0.64 0.67 Recreation Centers 2.66 3.04 Elderly and Disabled Tax Relief 1.90 1.90 Tax Decrease Reserve 18.84 22.86 Policy Reserve 11.18 13.20 Total Real Estate Taxes Remaining for Programs $ 8.94 $15.04 Plus: Personal Property 3.30 4.10 Other local taxes 15.70 6.20 Charges for Services 4.50 - 1.80 Federal & State 4.40 6.10 Total new Revenue Growth for Programs: $ 36.84 $ 29.64 Less: Remaining School Formula - 3.76 - 3.61 Dedicated Taxes (non-real estate) - 2.50 - 1.60 Debt Service (based on current CIP) - 3.00 - 3.00 CIP Pay-as-you-go (based on current CIP) -2.50 - 1.00 Operational Impact of CIP - 6.50 - 4.30 Total Compensation (salaries & benefits) -10.00 -10.10 Human Service Programs (covered by rev) - 3.80 - 4.20 SPSA contract increase -2.10 - 0.01 Increased Fuel - 0.70 - 0.00 Firing Range - 0.50 - 0.50 Total Remaining for Current Services $ 1.48 $ 1.32 CITY MANA GER 'S BRIEFING BIENNIUM BUDGET - FIVE YEAR FORECAST ITEM # 53515 (Continued) February 1, 2005 - 4 - CITY MANA GER 'S BRIEFING BIENNIUM BUDGET - FIVE YEAR FORECAST ITEM # 53515 (Continued) Since there will be other cost increases which will have to be covered, the City organization is working to improve efficiency and reduce costs to balance. Other Revenue issues involve potential fee increases: Planning, Storm Water and Water and Sewer Utility fees. Some of the planning fees have not been adjusted since the late 1980's and are now out of sync with the surrounding communities. Storm Water fees are being considered to allow for an expansion of the program as well as address increasing maintenance needs. Maintenance costs are also the issue behind a proposed Water and Sewer rate increase, There are several bills being considered in the General Assembly which could effect the City's revenue stream: Bus Rapid Transit (BRT), capping Real Estate and Car Tax Relief Programs, BRT funding could affect the revenue stream in a positive manner, Others, such as Bills to adjust the car tax program could affect revenues negatively. Resolution of these issues will not be available until the deliberations of the General Assembly are completed. Appropriations Schools Total local support for Schools will increase by $37.3-MILLION from $315.3-MILLION to $352.6-MILLION School Debt Service School CIP School Operations = $43.3-MILLION = $17.6-MILLION = $291. 7-MILLION School Construction proposal Would like to restructure existingfunding to allow for one large bond sale to complete school construction program earlier Under staff review Total Compensation ($10-MILLION increase) 4.5% merit both years Compression adjustment each year Anticipated 10% increase in Health Care contribution each year This would increase for the first year contribution from $4,169 employee to $4,584 Reinstatement ofVRS Life Insurance payment in FY 2007 Other Appropriation issues: Currently there are 61.68 exiting positions unfunded over both years There are increasing demands for services in human service areas of mental health, public assistance and housing Rising infrastructure maintenance issues 100 new positions for capital projects and systems coming on line based on current CIP February 1, 2005 - 5 - CITY MANA GER 'S BRIEFING BIENNIUM BUDGET - FIVE YEAR FORECAST ITEM # 53515 (Continued) Reserves Currently there are two reserves Tax Reserve = $15-MILLION The impact of a 1.64 cent reduction in the Real Estate Tax rate (an additional 2 cents in FY 07) The possible impact of establishment of a Resort Area Tax increment financing district for resort projects All new real estate tax growth related to the potential increase in assessment growth NOTE: This reserve affects both the City and Schools through the Revenue Sharing Formula Policy Reserve = $ll-MILLION Set aside funding for City Council priorities NOTE: This reserve is funded entirely from the City's portion of the Formula Potential Reserve Uses Further lowering of Real Estate Tax rates Support for economic investment activities Support for redevelopment JLUS Open Space Local Transportation Compensation Infrastructure maintenance Next Steps There are several briefings on the City Council's calendar which may help define alternatives and choices After the General Assembly has completed its actions, we will schedule another Briefing Present Biennial FY 2005-2006/2006-2007 Budget and FY 2005- 2006/2010-2011 Capital Improvement Program on March 29,2005. Five (5) Workshops shall be scheduled and City Council ADOPTION is planned for May 10, 2005 February 1, 2005 - 6- CITY MANA GER 'S BRIEFING BIENNIUM BUDGET - FIVE YEAR FORECAST ITEM # 53515 (Continued) Ms. Whitesell suggested each City Council Workshop focus on a single area i, e. local transportation, Resort Area and tax increases. In response to the Mayor's concerns, Ms. Whitesell advised Schools are suggesting that school construction be funded from the State Lottery, State Construction funds and the $17. 6-MILLION the Board has allocated to pay-as-you-go financing and part of their debt service funds which would have been going to new debt issuance (roll all together) and use these financing sources to front-load a very large bond sale. Dr, Jenney, Superintendent of Schools, will probably submit two (2) Capital Improvement Programs, one which stays within the current structure of the debt for Schools and then submit one which encompasses the new program. Relative the Constitutional Officers, the Clerk of the Circuit Court's office continues to struggle and has had made requests from the City to fund some positions. Resource Management is trying to assist to allow some contracted manpower as the Clerk is responsible for collecting the deed revenues, a City responsibility. Patricia Phillips, Director of Finance, reviews all the debt issues and is very aggressive in preparing refinancing where feasible. There is some federal legislation which would actually prohibit cities from pro-actively trying to take advantage of the good bond market for issuances that will come due in a couple of months or years; however, this legislation has not passed. The City Manager advised there is also $1.9-MILLION for additional tax relief Ms. Whitesell advised the City Council made the decision to increase the thresholds automatically, based on the existing residential revenue. The City will be current to many of the State caps. Ms. Whitesell will review, but believes the City is ahead of schedule. There are many issues of aging office space i. e. Parks and Recreation. Replacement of aging fire stations is scheduled at approximately one (1) every other year. Relative assessments, Jerald Banagan, Real Estate Assessor, estimated an increase of approximately 19% in 2007. Councilman Schmidt expressed concern re revenue growth and impact on citizens On February 22, 2005, Mr. Banagan will present his Annual Report to City Council. Vice Mayor Jones advised at the last Hampton Roads Planning District Commission (HRP DC) meeting the information presented indicated 2006 would be a good year; but, the following year there will be a serious impact based on a proposed cut of 40,000 Military population. , February 1, 2005 - 7- CITY MANA GER 'S BRIEFING SIDEWALK CAFE GUIDELINES 3:10 P.M. ITEM # 53516 Jim Ricketts, Director - Convention and Visitors Bureau, advised on March 23, 2004, City Council ADOPTED a Resolution to ESTABLISH a "pilot" program for Open Air Cafes on Atlantic Avenue between 2(fh and 23rd Streets (Sponsored by Councilman Maddox), Historically cafes had not been allowed on Atlantic Avenue between 15th and 24th Streets because of concerns re congestion and the sidewalk is not as wide as in other areas. The Resolution requested an evaluation of the pilot program with City Staff providing their recommendations re continuation. The cafes involved were Keifer's and Giovanni's. Mr. Ricketts expressed appreciation for the dedicated efforts of those involved in the evaluation: Police, Resort Advisory Commission, Oceanfront Enhancement Committee and staff. Mike Eason, Resort Services Coordinator - Convention and Visitors Bureau, prepared an evaluation criteria to review the various attributes of this program. Mike Eason, advised the Evaluation form was distributed to City Council. The participants in the evaluation were requested to complete eight (8) individual evaluation forms for each cafe. Open Air Cafe Pilot Program 28 Evaluations Completed Observations Keifer's Giovanni's 12.29 days 10.46 days Operational (Scale 1-5) Keifer's Giovanni's 4. 79 days 4.47 days Pedestrian Impact (Scale 1-5) Keifer's Giovanni's 4.34 days 4.01 days Ambience/Aesthetics (Scale 1-5) Keifer's Giovanni's 4.04 days 2.50 days Relative ambience, Giovanni's did make a minimal investment as they were not sure the Pilot would continue past one-year. The Resort Advisory Commission recommends Giovanni's significant upgrade to continue the program. Twenty-six (26) of the twenty-eight (28) respondents recommended continuation of the program, February 1, 2005 - 8- CITY MANAGER'S BRIEFING SIDEWALK CAFE GUIDELINES ITEM # 53516 (Continued) OPERATIONAL GUIDELINES Continuation of operational requirements outlined in Pilot Program including: Alcohol served with meal in unbreakable glasses Tables and chairs removed at closing Must offer a full-service menu Cafe operator shall not permit patrons to congregate on the premises Public safety official can close cafe due to crowd control, unruly behavior or public safety. Refusal to comply is punishable as a misdemeanor Cafe Franchise: Is only available to those restaurants with 80% or more interior public space dedicated to table and chairs for sit-down service by a waiter/waitress Facade improvements may be required Councilman Maddox believes facade improvements 'should be' required rather than "may be". The City has the ability to improve the curb appeal of some of these businesses. Captain Dennis Free, Commanding Officer - Second Precinct, advised he was a day beat Commander during the Summer and also spoke with the night beat Commanders. There were not any problems observed on the pedestrian walkways. Mr. Eason advised re the square foot rate charged, there is an escalation of the rates currently in effect. Every year, the rate increases approximately $1.00 per square foot to a maximum rate and then there is a 3% incremental increase after that. 2005 is the last year of this large jump to approximately $4,00 a square foot. The 3% increase will be reviewed. The RAC Design Subcommittee is composed of approximately twelve (12) Architects who have been very helpful in providing assistance to achieve ambience at a minimal amount of cost, February 1,2005 -9- CITY COUNCIL LIAISON REPORTS 3:30 P.M. ITEM # 53517 Council Members Wood and Schmidt, Liaisons to the Virginia Aquarium & Marine Science Center, distributed their report, which is hereby made a part of the record. Present Status All plantings for the landscaping project for the East Parking Lot should be completed in eight weeks, except for those areas that will be affected by the Pedestrian Bridge project. Light Pole installation is scheduled for May Parsons Brinckerhoff has been asked to develop a design using an arch-style suspension bridge with elevator service Near-future actions The architectural firm of Chermayeff, Sollogub & Poole (CSP) has reviewed the architectural contractfor the renovation and new exhibits project at the Aquarium and the contract should be resolved in the next two to three weeks. Unresolved Issues/Issues under study The Aquarium is working with the City to evaluate proposed sites for the Animal Care Annex (Stranding Center) ITEM # 53518 Council Members Wood and Schmidt, Liaisons to the Lynnhaven River Watershed Restoration Study, distributed a copy of their report: Present Status Participation with the Army Corps of Engineers study - ongoing Continuing to work with Lynnhaven 2007 TMDL Implementation Plan preparation continuingfor the Department of Environmental Quality Lakes Selectedfor Water Quality Measures Fundingfor expanded water quality programs proposed in the Capital Improvement Budget Continuing to identifY City properties for Water Quality Retrofits Work Order awarded for Environmental Protection Agency (EP A) application for the "No Discharge Zone n. February 1, 2005 - 10- CITY COUNCIL LIAISON REPOR TS ITEM # 53519 Council Members McClanan and Wilson are Liaisons to the Tax Assessment Task Force Town Hall Meetings re Tax Assessment Date Time School Districts January 27, 2005 6:30 P.M. Salem High School Centerville/Kempsville/Rose Hall February 3, 2005 6:30 P.M. Plaza Middle School Bayside/L ynnhaven February 17,2005 6:30 P.M. Ocean Lakes High School Beach/Princess Anne The attendance on the January Twenty-seventh Town Hall meeting was not as large as expected, probably because of the weather; however, the comments were excellent and there was great discussion, The Chairman of the Task Force, Judge Thomas Betz, conducted the meeting in an extraordinary manner. There were many beneficial suggestions re the Web Site and providing information to the seniors and disabled re the tax relief program, information made more readily available to the public and areas where taxes should be decreased or remain at the present level, ITEM # 53520 Council Members Wood and Schmidt, Liaisons to the Virginia Beach Performing Arts Theatre, distributed their report, which is hereby made a part of the record, Present Status November 1,2004: Notice to Proceed was issued to Clancy and Theys Construction Company January, 2005: Formed Capital Campaign Steering Committee. Developed Campaign plan, timeline, roles and responsibilities of members. February, 2005: Recruit members to Campaign Steering Committee and Honorary Advisory Committee February, 2005 - March 2005: Update Business Plan The Advisory Committee and Sub-Committees continue work in design review, facility usage, finance and public awareness Near-future actions Spring 2005: Develop Capital Campaign and public relations materials Spring 2005 (April): Groundbreaking of new Theatre Spring 2005 (April): Demolition of Pavilion Theatre Summer 2007 - Opening of new Performing Arts Theatre February 1, 2005 - 11 - CITY COUNCIL LIAISON REPORTS ITEM # 53521 Vice Mayor Jones and Council Members Diezel and Dyer, Liaisons to the Major and Local Road projects and Strategy distributed their report: Major State Roads Present Status Hampton Roads 2006 Regional Transportation Plan Approved Hampton Roads 2030 Regional Transportation Plan Team meeting on regular basis Southeastern Parkway and Greenbelt: Draft Environmental Impact Statement was sent to the Federal Highway Administration in December 2004 with their Record of Decision anticipated in the Spring 2005 Governor Warner introduced Transportation Partnership Act December 17, 2004 State House Republicans introduced Transportation Initiative January 4,2005 Local Road Projects Present Status Continue to transition management of State Urban Roadway program to the City through First Cities Initiative Continue to develop Congestion ReliefrTraffic Safety program based on additional tax revenues Fund some Transition Area roadway projects proposed in FY 2005/06 Capital Improvement Program (West Neck Road and West Neck Parkway) ITEM # 53522 Council Members Reeve and Maddox suggested that two (2) Town Meetings be scheduled for citizen input on the recommended land use near NAS Ocean a and these be held prior to the vote on JLUS recommendations: Monday, January 31,2005 7:00 - 9:00 P.M. Advanced Technology Center 1800 College Crescent Wednesday, February 2,2005 7:00 - 9:00 P.M. Fire Department Training Center 927 South Birdneck Road February 1,2005 - 12- CITY COUNCIL LIAISON REPORTS ITEM # 53522 (Continued) Council Members Maddox and Reeve extended appreciation to Mayor Oberndorf, Council Members Diezel, Dyer and Villanueva for attending the January Thirty-first Town Meeting, which was very successful, Council Members Maddox and Reeve, Robert Scott, Captain Keeley, Congressman Pickett and Mike Barrett were on the panel. There were approximately one hundred (1 00) citizens in attendance, Approximately thirty- five (35) registered to speak. Residents were still concerned relative "eminent domain" which has been struck from the General Assembly Senate Bills as well as the JLUS proposals. The citizens are also concerned re the "voluntary purchase" program, Councilman Reeve said the intent of the Joint Land Use Plan (JLUS) is to strengthen these neighborhoods. Mayor Oberndorf advised residents are concerned if their neighborhoods will be desecrated if the City is allowed to buy their homes. Captain Keeley advised the Navy is concerned because they want to keep the flight path between Ocean a and Fentress open andfree of density. It was not because of the 3,400 suitsfiled against the Navy. His concern was not creating any more encroachments on the Base with their flight pattern. February 1, 2005 -13 - MA YOR 'S COMMENTS ITEM # 53523 Mayor Oberndorf advised the Hampton Roads Economic DevelopmentAlliance has successfully negotiated a consolidation of the two (2) Economic Development Associations with the Peninsula. The Executive Committee voted to accept the consolidation. The whole Board of the Peninsula Development Alliance has voted to accept the consolidation, The advantage of this consolidation would be to market both the Peninsula and the Souths ide as one entity (a region). This consolidation effort involved approximately two (2) years of negotiating and cooperation. February 1, 2005 -14 - CITY COUNCIL COMMENTS 3:50 P.M. ITEM # 53524 As per request of Mayor Oberndorf the City Manager introduced Chief Jacocks to present information relative the incident at the Beach House which occurred January 16, 2005. Chief Jacocks, has consulted with the Commonwealth's Attorney who is comfortable with the Chief's presentation. The Beach House was holding a "teen night" for 14-18 year olds with 1,000 in attendance. The capacity of the Beach House is 1200 (approved by the Fire Department November 2003). Supervisors on duty had been monitoring the crowd at the Beach House and were not aware of any problems either inside or outside the establishment until approximately ten (10) phone calls were received by the Emergency 911 Center around 11 :30 P.M. reportingfire arms violations, including brandishing and shots fired in the parking lot. Interviews, after the shooting, revealed that several individuals were seen with rifles and hand guns in the parking lot and some of these individuals had discharged weapons in the parking lot, It was determined later that some of the weapons were simply air guns or other fake fire arms. However, some were actual fire arms. The Officer arrived at the Beach House within less than a minute after the initial call, and assist units began arriving shortly thereafter. No other officers witnessed Officer Ernest's encounter with the subject - Joyner. Numerous witnesses observed Joyner with a handgun in the parking lot of the Beach House. Beach House Security personnel had also observed Joyner running with the weapon in his hand. Officer Ernest observed Joyner carrying a handgun as he ran from the Beach House parking lot south across 17th Street and into the adjacent parking lot. There were no witnesses at this point, who said Joyner ever fired the handgun prior to the officer arriving. Officer Ernest gave chase and continued to observe a weapon in Joyner's hand. He shouted numerous commands to Joyner to stop and drop the weapon. While continuing to flee, Joyner climbed onto a six-foot chain link fence at the southend of this parking lot across l?h Street. While on top of the fence, he turned facing the officer and pointed the weapon in his direction, The Officer fired one shot striking Joyner in the front of the face, Statements by independent witnesses state they heard someone yell: "Stop, drop the gun" and then these witnesses heard one shot. Joyner disappeared from the Officer's view. The Officer secured the area and called for assistance. A short time later, the Assist Officers found Joyner on the opposite side of the fence, called Rescue and determined he was deceased at the scene, A handgun (380 semi automatic) was recovered in the vicinity ofwhere Joyner had fallen, Council Members expressed concern re the curfew and the sociology gap between the age spread of 14 to 18 years old being together at one location for a "social event". No alcohol was served and the parents were encouraged to attend and serve as chaperones. A special permit for such an event is not required. ITEM # 53525 Councilman Schmidt invited all to attend the Polar Plunge XIII at the Ramada, Fifth Street, Saturday, 2: 30 PM" February 5, 2005. Mayor Oberndorf and Councilman Villanueva advised they will be attending. Last year, over $350,000 was raised for Special Olympics Virginia February 1,2005 - 15 - CITY COUNCIL COMMENTS 3:50 P.M. ITEM # 53526 Councilman Dyer invited the Mayor, City Council and staff to attend: "How to Deal with the Media" Hosted by Regent University 7:00 - 8:00 P.M. Robertson Hall, Room 12 Thursday, February 3, 2005 ITEM # 53527 Councilman Villanueva referenced the discussion re PORTABLE ON DEMAND STORAGE (PODS) REGULATIONS scheduledfor the City Council Session of February 8,2008, and requested information be provided relative the process description of the permit system, February 1, 2005 - 16- AGE N DA REV IE W S E S S ION 4:05 P.M. ITEM # 53528 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: ORDINANCES J.1. Ordinance to AUTHORIZE lease of retail spaces at Farmer's Market: a. # 9 Bill and Linda Skipper tla Skipper Farms b, #13 Mark Holland and Jesse Spry tla S & H Produce c. #37 Robert H Stolman tla Tall Cedars Farm J.2, Ordinance to TRANSFER $1,200,000 within the FY 2004-05 Capital Improvement Budget to fund the Jetty extension at Rudee Inlet February 1, 2005 - 17 - ITEM # 53529 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 MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Bikeways and Trails Advisory Committee Community Policy and Management Team - CSA At Risk Development Authority Francis Land House Board of Governors Health Services Advisory Board Investment Partnership Advisory Committee Minority Business Council Parks and Recreation Commission Towing Advisory Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 3711(A)(A)(3). Acquisition/Disposition of Property - Beach District L ynnhaven District Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council voted to proceed into CLOSED SESSION (4:08 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, RonA. Villanueva, Rosemary Wilson andJames L. Wood Council Members Voting Nay: None Council Members Absent: None (Recess: 4:10 P.M. - 4:20 P.M.) (Closed Session: 4:20 P.M. - 5:46 P.M.) (Dinner: 5:46 P.M. - 6:05 P.M.) February 1, 2005 - 18- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 1, 2005 6:08 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, February 1,2005, at 6:08 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 1. Wood Council Members Absent: None INVOCATION: Reverend Clarence McPherson Pastor, Agape International Church 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 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. 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 ofwhich 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 identijj;ing 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 ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. February 1,2005 - 19- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 53530 Upon motion by Councilman Dyer, seconded by Councilman Villanueva, 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 1, 2005 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 # 53529, page 20, 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. ~:a.L"fr ~~ uth Hodges mith, MMC City Clerk February 1, 2005 - 20- Item V-F.112 MINUTES ITEM #53531 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council APPROVED the Minutes of the SPECIAL SESSION of January 18, 2005, and the FORMAL and INFORMAL SESSIONS of January 25, 2005. 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 1, 2005 - 21 - Item V-G. ADOPT A GENDA FOR FORMAL SESSION ITEM # 53532 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 1, 2005 - 22- Item V-H. 1. PUBLIC HEARING ITEM # 53533 Mayor Oberndorf DECLARED A PUBLIC HEARING: AMEND FY 2004-05 CAPITAL BUDGET $9,750,000 - 9TH Street Garage Acquisition There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. February 1, 2005 - 23- Item V-H.2. PUBLIC HEARING ITEM # 53534 Mayor Oberndorf DECLARED A PUBLIC HEARING: FARMER'S MARKET LEASES # 9 Bill and Linda Skipper t/a Skipper Farms #13 Mark Holland and Jesse Spry t/a S & H Produce #37 Robert H. Stolman t/a Tall Cedars Farm There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. February 1, 2005 - 24- Item V-H.3. PRESENTATION ITEM # 53535 Mayor Oberndorf introduced the following Boy Scout in attendance to earn his Merit Badge: Boy Scout Troop] Norfolk, Virginia Jerome Cooper Mayor Oberndorf recognized Jerome's Father who is a prominent member of the Norfolk State University faculty. February 1, 2005 - 25 - Item V-H. ORDINANCES ITEM # 53536 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1 and 2 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 1,2005 - 26- Item V-H.i. ORDINANCES ITEM # 53537 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AUTHORIZE lease of retail spaces at Farmer's Market: a, # 9 Bill and Linda Skipper tla Skipper Farms b, #13 Mark Holland and Jesse Spry tla S & H Produce c. #37 Robert H Stolman tla Tall Cedars Farm 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 1. Wood Council Members Voting Nay: None Council Members Absent: None February 1, 2005 1 2 3 4 5 6 7 8 9 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE THREE RETAIL SPACES AT THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach has leased spaces at 10 the Farmers Market since its inception; 11 WHEREAS, three spaces at the Farmers Market are available 12 for lease, and City staff have identified prospective tenants 13 wishing to lease or renew leases for these spaces; and 14 WHEREAS, a publ ic hearing concerning the proposed leases 15 has been advertised and conducted. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 That the City Manager is hereby authorized on behalf of the 19 City of Virginia Beach to enter into agreements for the lease of 20 the following spaces at the Farmers Market: 21 (a) space #9 to Linda & Bill Skipper, t/a "Skipper Farms," 22 from March 15, 2005 through March 15, 2008; 23 (b) space #37 to Robert Stolman, t/a "Tall Cedars Farm," 24 from March I, 2005 to March I, 2008; and 25 (c) space #13 to Jesse Spry and Mark Holland, t/a "S&H 26 Produce," from March I, 2005 to March I, 2008. 27 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia on the 1 st day of February 2005. CA-9496 H:\P&A\GG\ORD\Farmarord.doc Rl January 24, 2005 Approved as to Legal Sufficiency s-: City Attorney' SUMMARY OF TERMS LEASE FOR RETAIL SPACES AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Space #9: Linda and Bill Skipper, t/a "Skipper Farms" Space #37: Robert Stolman, t/a "Tall Cedars Farms" Space #13: Jesse Spry and Mark Holland, t/a "S&H Produce" TERM: Space #9: March 15,2005 to March 15,2008 Space #37: March 1,2005 to March 1,2008 Space #13: March 1,2005 to March 1,2008 RENT: Space #9: $446 month/$5,352 annually Space #37: $300 month/$3,600 annually Space #13: $446 month/$5,352 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: · Use leased space for retail business consistent with the purpose of the Farmers Market. · Maintain leased space, including heating and air conditioning units. · Purchase and maintain $1,000,000 in commercial general liability insurance. · Keep business open during hours of Farmers Market operation. · Additional fees due for electricity and promotion charges. RIGHTS AND RESPONSIBILITIES OF CITY: · Maintain common areas of the Farmers Market and structural elements of the lease space. . Pay for water and sewer service. TERMINATION: City may terminate by providing Lessee sixty (60) day notice. - 27- Item V-H.2. ORDINANCES ITEM # 53538 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to TRANSFER $1,200,000 within the FY 2004-05 Capital Improvement Budget to fund the Jetty extension at Rudee Inlet 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 1, 2005 1 2 3 4 AN ORDINANCE TO TRANSFER $1,200,000 FROM 5 CAPITAL IMPROVEMENT PROJECT #8-008, ~BEACH 6 REPLENISHMENT," TO CAPITAL IMPROVEMENT 7 PROJECT #8-006, ~RUDEE INLET INFRASTRUCTURE 8 IMPROVEMENTS," TO PROVIDE FURTHER FUNDING TO 9 EXTEND THE JETTY AT RUDEE INLET 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That $1,200,000 from Capital Improvement Project #8- 14 008, ~Beach Replenishment," is hereby transferred to Capital 15 Improvement Project #8-006, ~Rudee Inlet Infrastructure 16 Improvements," in the FY 2004-05 Capital Budget to provide 17 further funding to extend the jetty at Rudee Inlet. 18 19 Adopted by the Council of the City of Virginia Beach, 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Virginia, on the 1 st day of February , 2005. Approved as to Content: E~Q, APPROVED AS TO LEGAL SUFFICIENCY: CA9499 R2 January 27, 2005 H:\PA\GG\ORDRES\RUDEE INLET 8-008 8-006 ORD.doc - 28- Item V-K.1. APPOINTMENTS ITEM # 53539 BY CONSENSUS, City Council RESCHEDULED: COMMUNITY POLICY AND MANAGEMENT TEAM - CSA - AT RISK DEVELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION TOWING ADVISORY BOARD February 1,2005 - 29- Item V-K.2. APPOINTMENTS ITEM # 53540 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Fred A. Adams Michael 1. Ashe Thomas E. Coghill, Sr. Eugene W. Hansen Ned Koontz Reese Lueki, Jr. Janet Wernli 6/30/06 6/30/08 6/30/07 6/30/08 6/30/07 6/30/07 6/30/06 Suggested Terms Liaisons: Agricultural Advisory - Michael 1.. Cullipher Parks & Recreation Commission - Robert Barnaby Planning Commission. - Eugene F. Crabtree City Council - Reba McClanan, Jim Reeve BIKEWAYS AND TRAILS ADVISORY COMMITTEE 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 1, 2005 - 30- Item V-K.3. APPOINTMENTS ITEM # 53541 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: John M. Baillio William M. Walsh, Jr. 2/03/05 -10/31/07 HISTORICAL REVIEW BOARD 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 1, 2005 - 31 - Item V-No ADJOURNMENT ITEM # 53542 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:16 P.M. ~~~~~:~:--- Chief Deputy City Clerk -- Meyera E. Oberndorf Mayor City of Virginia Beach Virginia After ADJOURNMENT, Public Comments relative Non Agenda Items were heard. February 1, 2005 - 32- PUBLIC COMMENTS Non Agenda Items David Crocker, Retired Naval Officer, 2848 Charlemagne Drive 23451, Phone: 481-4340, resident of Land Use Condominium complex, expressed concern re beach erosion, sand replenishment and Shore Drive concentration of buildings, Mr. Crocker is concerned re the amount of sand berm lost during Hurricane Isabel (30 feet before Isabel and now 14 feet remaining), Mr. Crocker requested the area east of the Virginia Beach Resort Hotel be reviewed. William Bailey, 4841 Rosecroft Street, Phone: 495-0637, President - Virginia Beach Professional Firefighters, referenced the 2004 Quality of Work Life Member Survey. The Fire Department results were less than satisfactory, Mr. Bailey requested assistance in resolving the issues. Mr, Bailey distributed Information re Fire Focus Group Sessions and survey results, Said information is hereby made a part of the record. Daniel Baxter, 2201 Drumheller Court, Phone: 495-7224, President of the Council of Civic Organizations, expressed concern re the Joint Land Use Study. The CCO was invited to participate in the JLUS Stakeholders group, The 24 "Talking Points" has been promulgated without a briefing to those who participated in the stakeholder meetings. Items 1 0 and 11 (purchase homes from willing sellers and eminent domain) are of particular concern. Mr, Baxter distributed a copy of his letter, which is hereby made a part of the record. February 1, 2005