The URL can be used to link to this page

Home My WebLink AboutSEPTEMBER 5, 2006 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DlEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES 1.. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 5 SEPTEMBER 2006 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - A. MEALS TAX TASK FORCE Councilman Ron A. Villanueva II. CITY MANAGER'S BRIEFING A. NIMMO P ARKW A Y /LAGOMAR Cost Sharing Agreement Dean Block, Director of Public Works III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. REVIEW OF AGENDA ITEMS VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 2:00PM 3:30 PM VII. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Richard Kerner, D.D. Pastor, Bayside Presbyterian Church 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 August 22,2006 G. MAYOR'S PRESENTATION 1. RESOLUTION of APPRECIATION to Deputy Chief Greg G. Mullen H. PUBLIC COMMENT 1. COMMUNITY LEGISLATION AGENDA 2. HISTORIC SITE ORGANIZING COMMITTEE 1. AGENDA FOR FORMAL SESSION J. CONSENT AGENDA K. ORDINANCESI RESOLUTION 1. Ordinance to AMEND 96-12 of the City Code re riding horses or driving vehicles on the City's beach or dunes. 2. Ordinance to TRANSFER: a. $400,000 from Lynnhaven Parkway - Phase XI and $426,806 from Southeastern Parkway and Greenbelt to the Shore Drive Intersections Demonstration project re increased project scope, increased construction costs and low-bid contract b. $100,000 from the Electronic Ballot System - ADA Machines and $40,000 from the General Registrar's FY2006-07 operating budget to the Leroy Drive Master Plan and facility replacements re warehouse renovations for voting machine storage 3. Resolution to APPOINT Andrew Pittman to the position of Assistant City Attorney effective September 16, 2006. L. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BUILDING CODE OF APPEALS - New Construction BOARD OF ZONING APPEALS COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HISTORIC SITE ORGANIZING COMMITTEE PARKS AND RECREATION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 08/29/2006mb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 5 September 2006 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re MEALS TAX TASK FORCE in the City Council Conference Room, City Hall, on Tuesday, September 5, 2006, , at 2:00 P.M Council Members Present: William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Entered: 2:45 P.M] September 5, 2006 - 2 - CITY MANA GER (S BRIEFING MEALS TAX TASK FORCE ITEM # 55541 2:00 P.M. Mayor Oberndorf advised Mr. Matthews, News Reporter - Channel 3, will be interviewing her re the dredging to occur in the Church Point and Thoroughgood area and requested Vice Mayor Jones PRESIDE. City Council, at the request of Council Members Robert M. Dyer and Ron A. Villanueva, adopted a Resolution in January 2006 to create a Meals Tax Task Force to analyze the impact of the meals tax as well as current and potential uses of proceeds to assist City Council in making informed decisions about this tax. Vice Mayor Jones introduced Councilman Ron A. Villanueva, who with Councilman Robert M. Dyer, are the Liaisons to the Meals Tax Task Force. Councilman Villanueva referenced the composition of the Meals Tax Task Force. Meals Tax Task Force Members >> >> Sanford Cohen- ~ii~~~rd' Beach Central Business Stephen Romine- Chamber of Commerce Patricia A. Phillips- Director of Finance Rita Sweet Bellitto~ Virginia Beach School Board Bill Brown- Minority Business Council Philip Kellam- Commissioner of the Revenue Dave Hansen- Chief of Finance & Technology ~i~~~~~.x.~alyst Julia Ciarlo Hammond- Virginia Hospitality and Travel Association }>o Robert M Dyer - Councilman Ron A Villanueva - Councilman Delegate John Welch- Virginia House of Delegates Chris Savvides- Virginia Beach Restaurant Association Hu Odom - Virginia Beach Restaurant Association Flo McDaniel- Virginia Beach Restaurant Association ti;'~'1nT~a~~~~~- Restaurant Association ~Ef~~YnraryEfe~-ch Restaurant Association Mike Krelder- Virginia Beach Hotel/Motel Association >> >> }>o )> >> ';> }>o }> }> ';0 >> ';0 >> >> ';0 Meals Tax Task Foree Charge ~ Study impacts of current meals tax on citizens and restaurant community ~ Compare City's meals tax to other cities in region, state, and nation ~ Identify City ordinances or policies that set aside meals tax proceeds for specific purposes ~ Determine effect of meals tax on special tax districts and school revenue sharing ~ Analyze effects on revenue of repealing all or portion of meals tax September 5, 2006 - 3 - C IT Y MANA G E R 'S B R IE FIN G MEALS TAX TASK FORCE ITEM # 55541 (Continued) David Hansen, Chief of Finance and Technology, referenced the major findings of the Task Force: Meals Tax Task Force Major Findings ;.. Meals tax revenue has risen in City and throughout Hampton Roads despite the increases in meals tax and sales tax rates since 2000 ;.. Meals tax rate in City of 5.5 cents is tied for lowest in Hampton Roads, lower than 12 other Virginia Cities, but among the highest in the nation ;.. Meal tax is dedicated: TGIF(.5 cent), TAP (.5 cent), Major Projects (.56 cent), Open Space (.44 cent); General Fund (3.5 cents) ;.. Meals tax has no direct effect on special tax districts or school revenue sharing ;.. No readily identifiable source of revenue replacement was identified if meals tax reduced Mr. Hansen advised if one cent (l~) were cut on the meals tax, it would equate to $8.2-MILLION and would result in a cut to programs or another source of revenue would have to be found. If this revenue requirement is passed to another taxation venue, such as real estate and not school revenue sharing, this would equate to the same as raising real estate taxes by three cents (#). Mr. Hansen advised, after careful review of all the facts presented and extensive discussion among the Task Force members, the following recommendations were agreed upon: Recommendation #1 ~ Support legislation to require referendum on meals tax rate increase . House Bill 2023 introduced in 2005 General Assembly . Require a referendum be held by a city before meals tax rate could be increased . Delegate Welch to reintroduce in 2006 Session . City has no immediate plans to increase meals tax rate . Represents a gesture of good faith with citizens to support the proposed legislation September 5, 2006 -4- C IT Y MANA G E R 'S B R IE FIN G MEALS TAX TASK FORCE ITEM # 55541 (Continued) Recommendation #2 );> Support legislation requiring an analysis of entire existing tax structure . Sources of revenue available to localities limited under Dillon Rule . Current tax structure relies on real estate tax- holdover from nineteenth century . Tax structure needs to be more fair and equitable among all contributing parties . Rather than deal piece-meal with a single tax reform, entire tax structure needs to be reevaluated Recommendation # 3 )0;- Develop Streamlined Discount Proposal for Meals Tax information fil i n 9 . Businesses can currently file sales tax information with State electronically . Would need to implement local electronic filing to reduce burden and encourage earlier filing . Resource Assessments and Collections System (January 2008) Recommendation # 4 )0;- Continue to utilize task force process for futu re issues . Encourages participation . Allows all parties to be heard . Provides opportunity to educate . Opens productive dialogue September 5, 2006 - 5 - CITY MANA GER 'S BRIEFING MEALS TAX TASK FORCE ITEM # 55541 (Continued) Mr. Hansen advised currently a review is being conducted of the National Academy of Public Administration's DRAFT Report relative Financing Governance in the Twenty-First Century. Intergovernmental collaboration can promote fiscal and economic goals. This document reviews the tax structure in the United States and whether or not a transition is necessary. Phillip Kellam, Commissioner of the Revenue, promulgated the third recommendation. Businesses can currently file sales tax information with the State electronically; however, this is not done within the City. The city should implement the Streamlined Discount Assessment Proposal. Councilman Wood believes tax reform in Virginia is a much bigger issue than the meals tax and will not occur in one General Assembly Session. This must be continuously encouraged. Councilman Dyer believes the meetings were productive, informational and certainly a start. The Restaurant Association is concerned if the tax were to be raised any further, it would eventually become aggressive in nature and hurt business and, in turn, the economy. Councilman Villanueva referenced two (2) General Assembly studies: JLARC (examined other revenue streams to make the system more equitable) and former Delegate McDonnell's Task Force, the findings of which are still being reviewed. Delegate Welch has offered to carry this study forward. Council Lady McClanan advised there have been approximately 10,000 studies completed in Richmond. The Dillon rule allows the State to control the duties of the City. Council Lady McClanan would like a Referendum to eliminate the Dillon rule. Council Lady McClanan does not plan on raising the meals tax. Councilman Uhrin believes the meals and hotel taxes have "hit" a ceiling and cannot go any further. What would be the effect from the current legislation of Delegate Welch, if the State decided to raise their portion of the sales tax and the City would have to determine what dedicated streams of funding must be eliminated. Councilman Dyer will have a written response from Delegate Welch. Council Lady Wilson referenced the new car tax and that all localities were assured the funds would be compensated. The funds were more than anticipated and the City was not fully compensated. Funds would not be received until year end. Now, a cap has been issued. Council Lady Henley inquired re other types of taxes for localities. Councilman Villanueva advised portions of our industry are not taxed. Vice Mayor Jones advised as the Restaurant Association, if there are enough members of the industry opposed to a meals tax increase, it will not occur. Vice Mayor Jones did not see any benefit to the City to request this type of legislation (Referendum). Mayor Oberndorf advised the first meal tax was incurred to finance the Virginia Beach School Teacher's salaries as the funds were short in the Operating Budget. The tax payer wishes to pay and provide benefits to police, fire and teachers. If meal taxes were not collected, how much of the cost of the meal could be reduced for the tourists and the citizens. There are approximately 3 %-MILLION tourists annually in Virginia Beach. Councilman Dyer advised a large portion of this report was for informational purposes and to this degree the Task Force was very successful. The Restaurant Association wished to prevent further increases in the meals tax. September 5, 2006 - 6 - CITY MANA GER 'S BRIEFING MEALS TAX TASK FORCE ITEM # 55541 (Continued) Council Lady Henley complimented the report. The process allowed for discussion and compilation of information requested by the City Council and citizenry. Patricia Phillips, Director of Finance, advised House Bill No. 836, introduced by Delegate Welch, contains a section stating: "Not withstanding any other provision of this section, no City that has a total population of 400,000 persons or greater shall levy any new tax or tax rate increases under this section upon meals, unless first approved by REFERENDUM of the City." A break down of the surplus funding provided from the various revenues shall be provided. Concerning Recommendation #3, Mr. Hansen advised in developing a streamlined discount proposal for Meals Tax information filing, the cost needs to be determined. Now is the time to make this consideration, as the Resource Assessments and Collections system is currently developed. Businesses can currently file sales tax information with the State electronically. September 5, 2006 - 7 - MA YOR 'S COMMENTS 3:00 P.M. ITEM # 55542 Mayor Oberndorf invited all to join her for a Freedom Walk as a sign of support for all the courageous military and public safety men and women who serve our country every day and for all the victims of September 1 tho Monday, September 11, 2006, 6:30 P.M Neptune's Park@3rt Street and the Boardwalk The walk will begin at Neptune's Park, continue along the Boardwalk to the Aviation Monument Park at 25th Street, and return to Neptune's Park. The event will conclude with a candlelight vigil and a fireworks display. A United States Department of Defense program, America Supports You, has encouraged communities nationwide to initiate a Freedom Walk to honor our military members and their families, commemorate the tragic events of September 1 th and celebrate America's freedom. Rudy Boesch has been contacted and will accompany the Mayor in leading this Freedom Walk. Mayor Oberndorf referenced the issue of the City Page which referenced a gathering in the morning at Mount Trashmore by different radio stations to inform the citizenry of the location to participate. Flags will be available to be signed by each participant and deployed to the Military troops "in harm's way". September 5, 2006 - 8 - C IT Y MANA G E R 'S B R IE FIN G NIMMO PARKA YILAGOMAR Cost Sharing Agreement ITEM # 55543 E. Dean Block, Director of Public Works, presented information concerning the NIMMO PARKWAYILAGOMAR Cost Sharing Agreement. LagoMar Associates, Inc. (LMA) is the developer of LagoMar-Phase VII, located north of Nimmo Parkway right-of-way. In a letter dated September 11, 1997, the City stated that LagoMar Associates was to provide adequate access by constructing two lanes of Nimmo Parkway from Townfield Lane to the "most easterly point" of LagoMar - Phase VII. Lagomar Associates contested this letter, ultimately leading to the CPA negotiations. To provide for a more logical terminus, the City agreed to cost participate to have Nimmo Parkway extended from Townfield Lane to Upton Drive and to construct a "Hybrid" 2-lane roadway. LagoMar Associates is responsible for designing and construction of a "Hybrid" section of Nimmo Parkway, east of Upton Drive to Albuquerque Drive. Virginia Beach is responsible for permitting and acquisition. Concerning cost sharing, LagoMar Associates is responsible for design and construction cost of a "rural" section, from Townfield Lane to Albuquerque Drive. The City is responsible for the balance. The City is responsible for the entire cost from Townfield Lane to Upton Drive. Nimmo Parkway Cost Participation Agreement/Lago Mar Development (CIP 2-151) HYBRID CROSS SECTION NIMMO PARKWAY COST PI\RTlClI'ATION AGRfTM[NT <APRIL ~OO4) HYBRID S[CT'ON September 5, 2006 - 9 - CITY MANA GER 'S BRIEFING NIMMO PARKA YILAGOMAR Cost Sharing Agreement ITEM # 55543 (Continued) The Hybrid Cross Section would be designed in such a way as to allow an eventual 4-laning of the road (if this were to occur in the future). There is curb and gutter on one side, a shoulder, 24-foot pavement section for two (2) lanes and a multi-use path of 10 feet on one side to allow for bicycle and walking traffic. A rural road cross section, without curb and gutter, was displayed as a contrast. Nimmo Parkway Cost Participation Agreement (CPA)! Lago Mar Development (CIP 2-151) CHRONOLOGY April 2001 - May 2004 (CPA NEGOTIATIONS) o Cost responsibilities o Project Scope o Ultimate Resolution at Executive Level o CPA Approved by Council on June 1, 2004. April 2004 - August 2005 (DESIGN) o Citizen's Information Meeting - September 2, 2004 o Additional Storm Water Design work needed CHRONOLOGY (cont.) Nimmo Parkway Cost Participation Agreement (CPA)! Lago Mar Development (CIP 2-151) August 2005 - May 2006 (PERMITTING) o Permitting required from 3 Regulatory Agencies o Public Notice Period August 15, 2006 o Received construction bids from LMA. September 5, 2006 - 10- CITY MANA GER 'S BRIEFING NIMMO PARKAYILAGOMAR Cost Sharing Agreement ITEM # 55543 (Continued) Mr. Block reiterated the Status and Issues Design is complete Acquisition is complete All Environmental Permits have been secured Low bid received in the amount of $4.4-MILLION Information received by City on August, 2006. Low bid is approximately $1.6- MILLION higher than LagoMar Associates' 2003 estimate. LagoMar Associate guarantees bid practice through October 15, 2006. LagoMar Associates defines City's share to be +/- $3.5-MILLION City determined its share to be +/-$2.9-MILLION Discrepancy of$600,000 exists over cost responsibilities. Negotiations are required. Available City projectfimding is approximately $1.0-MILLION Construction completion anticipated May 2007, if begun by October 15, 2006. Roadway purpose is to alleviate neighborhood cut-through traffic and to provide alternate access for LagoMar- Phase VII. Mr. Block advisedfour (4) Options have been formulated for City Council's consideration: OPTION 1 Continue with CPA as planned. Negotiate construction costs with LMA to achieve a more reasonable City cost share. (Requires Council approval for appropriation of additional funds). Nimmo Parkway Cost Participation Agreement (CPA)! Lago Mar Development (CIP 2-151) City Cost (Construction) -+ $2.9 - $3.5M (Depending on outcome of negotiations). (Costs based on LMA's current 2006 bid prices). ($1.0M available). Advantaaes 1. Nimmo Parkway from Albuquerque Drive to Upton Drive constructed. (Hybrid Section). 2. Satisfies alternate access issue. 3. Relieves neighborhood cut-through traffic. 4. Satisfies residents' traffic/transportation concerns. Disadvantaaes 1. Requires appropriation of $1.9M - $2.5M. 2. Defers current roadway CIP project(s) to obtain additional funding. (Princess Anne Road - Phase IV, CIP 2-305; and West Neck Road, CIP 2-502, have been identified) 3. Funding may not be restored to the above project(s). 4. Short time frame for negotiations with LMA. September 5, 2006 - 11 - C IT Y MANA G E R 'S B R IE FIN G NIMMO PARKA YILAGOMAR Cost Sharing Agreement ITEM # 55543 (Continued) OPTION 2 Nimmo Parkway Cost Participation Agreement (CPA)! Lago Mar Development (CIP 2-151) Do not proceed with CPA. City constructs a 2-lane rural roadway from Upton Drive to Townfield Lane as a CIP project, at a Total Project Cost of +/- $2.4M when and iffunding becomes available. City requires construction of 2-lane Rural roadway from Albuquerque Drive to Townfield Lane by LMA. Advantaaes 1. City would not have to sacrifice a current CIP project for funding. 2. Partially relieves neighborhood cut-through traffic. Disadvantages 1. Pushes cut-through traffic to Townfield Lane until Nimmo Parkway is completed to Upton Drive. 2. Does not satisfy residents' traffic/transportation concerns. 3. Eliminates multi-use trail. 4. LMA will challenge requirement to construct road. Enforcement difficult. OPTION 3 Nimmo Parkway Cost Participation Agreement (CPA)! Lago Mar Development (CIP 2-151) Delete certain design features (i.e. curb/gutter, multi-use trail) and reduce design section, to reduce construction cost. (Requires Council approval for appropriation of additionalfunds of $0.5 - $l.lM). Total Cost (Construction) -> $3.5M City Cost (Construction) -> $1.5 - 2.1M (Depending on outcome of negotiations). (Costs based on LMA's current 2006 bid prices) Advantaaes 1. Lowers construction cost as well as City share. 2. Nimmo Parkway, from Upton Drive to Albuquerque Drive constructed, most as rural section. 3. Relieves neighborhood cut-through traffic; satisfies residents' traffic/transportation concerns. Disadvantaaes 1. Delays current CIP project(s) to obtain additional funding. 2. Eliminates multi-use trail. 3. Re-design required. Potential cost reductions may be offset by construction market increases. 4. LMA may not be willing to pursue this option, as they may incur additional costs and delays. September 5, 2006 - 12 - C IT Y MANA G E R 'S B R IE FIN G NIMMO PARKA YILAGOMAR Cost Sharing Agreement ITEM # 55543 (Continued) OPTION 4 Nimmo Parkway Cost Participation Agreement (CPA)/ Lago Mar Development (CIP 2-151) Delete multi-use trail and reduce shoulder width, to reduce construction cost by +/- $200,000. (Requires Council approval for appropriation of additional funds). Total Cost (Construction) -+ $4.2M City Cost (Construction) -+ $2.7 - $3.3M (Depending on outcome of negotiations). (Costs based on LMA's current 2006 bid prices) Advantaaes 1. Lowers construction cost as well as City share. 2. Nimmo Parkway constructed, from Upton Drive to Albuquerque Drive. 3. Relieves neighborhood cut-through traffic. 4. Satisfies residents' traffic/transportation concerns. Disadvantaaes 1. Delays current CIP project(s) to obtain additional funding of $1. 7 - $2.3M. 2. Eliminates multi-use trail. SUMMARY Construction bid cost is $1.8-MILLION higher than original (2003) estimate. Current available project fun ding is approximately $1.0-MILLION; requires additional appropriation offunding to complete Cost Participation project. Option 1: Continue with Cost Participation Agreement project as planned, obtain additional funding from other CIP Roadway Project(s). Total City Cost: $2.9 - $3.5-MILLION Option 2: Do not proceed with Cost Participation Agreement project. Program City portion of Nimmo as "Rural" roadway, when funding becomes available. LagoMar Associates to construct improvementsfrom Albuquerque Drive to Townfield Lane. Total City Cost: $2.4-MILLION (Total Project) Option 3: Continue with Cost Participation Agreement project however; delete certain design features, culminating in a minimal "Rural" section. Total City Cost: $1.5-$2.1-MILLION. Option 4: Continue with Cost Participation project however, delete multi-use trail and reduce shoulder width. Total City Cost $2. 7 - $3.3-MILLION. September 5, 2006 - 13 - CITY MANA GER 'S BRIEFING NIMMO PARKA YILAGOMAR Cost Sharing Agreement ITEM # 55543 (Continued) Phil Pullen, Public Works Engineering, advised the strip of road is approximately 4500 feet. Council Lady McClanan referenced the multi-use trail and that mobility in this area is critical. LagoMar is an extremely high quality neighborhood. Mr. Block advised three (3) bids were required to be received. The developer, LagoMar Associates, put the road out to bid. Three (3) bids were requested. Council Lady Henley believes there was a certain amount of road needed in the new section prior to this road being constructed. There could not be above a certain number of units built, before this road was constructed. As the Planning letter of September 11, 1997, was contested, development has continued without the construction of this road. The LagoMar community was redistricted by schools, assuming this road would not be in place. A portion of the children are attending Ocean Lakes and Kempsville. Two (2) different school buses are traveling through the old section of LagoMar. Reference was made to Requested But Not Funded Project 2.252 Nimmo Parkway - Phase VI. Information relative the section of Artisia Way being completed at the same time as the proposed road shall be provided. Concern was also expressed relative the gravesites of the Stone brothers in the Proposed Nimmo Parkway right-of-way. Mr. Pullen advised these gravesites are in the section from Albuquerque Drive to Atwoodtown Road. These gravesites would not be impacted by this project. West Neck Road is a "city to be built road". The City Manager advised Public Comment has been received re Option 1. BY CONSENSUS, City Council DIRECTED staff to proceed with OPTION 1 (including the multi- purpose trail). September 5, 2006 - 14- CITY COUNCIL COMMENTS 4:05 P.M. ITEM # 55544 Councilman Villanueva referenced concerns of citizens re the flooding occurring on Friday, September 1, 2006 from Tropical Storm Ernesto. Dean Block, Director of Public Works, advised he and members of his staff were responding to citizens' concerns whenever possible. This storm was significantly greater than a 100-year storm due to the amount of rain received over a given period of time (over 9 inches of rain in 12 hours). The gauges at a variety of the City pump stations determined this information. Detailed information can be provided relative the depth. The main arteries of the system: Canal No.2, Salem Canal and West Neck Creek (those types of major means of conveyance) exceed the point where the water from the neighborhoods can flow into them. To the best of his knowledge, Mr. Block believes only one area did the City actually experience water in people's homes (Rosemont Forest). The City has never designed its stormwater system to handle a 1 OO-year flood. Mayor Oberndorf referenced citizens advising correspondence from the City acknowledging the entire Rosemont Forrest project had been built erroneously one-foot lower than the plan, the applicant had presented to the City. The citizen will provide copies of this correspondence to the Mayor. The residents have requested the City provide trailers to house the residents' furniture. Mr. Block advised this has now been initiated. The Mayor advised Mrs. Humphries has requested a POD be permitted on her property (forgoing the 7-day wait for the permit). Mr. Block advised an estimated twelve (12) to fourteen (14) homes in this area are flooded. Council Lady McClanan expressed concern relative calls to Virginia Power's electricity not being turned on (Lake Crest Road, Carriage Hill), as well as flooding. Council Lady McClanan advised a citizen called re flooding on Club House Road with water entering her home. Council Lady Henley advised the areas in the Southern Watershed, such as West Neck Creek, are influenced by the wind tides. Their roads were flooded through Sunday. Councilman Dyer referenced complaints in the newer development areas, such as Glenwood, and will forward correspondence to Mr. Block. Councilman Diezel stated similar complaints. The residents believe the blockage point for the canal (runs down and crosses Lynnhaven (by the golf course) is on Elbow Road. The flooding was horrendous. ITEM # 55545 Charles W. Meyer, Chief Operating Officer, advised because of the opening of the new Convention Center, the Sandler Center for the Performing Arts and the transportation needs throughout the City, the Convention and Visitors Bureau has been meeting with businesses and taxi companies on how to expand the capacity of taxi services in the City. Another issue surfaced. A Norfolk Taxi Company, Norview Cabs (doing business as Black and White Cabs, Checkered Cabs and Yellow Cab) has applied for one hundredfifty (150) licenses in Virginia Beach. Less than eighty (80) licenses are issued in Virginia Beach to all of the City's taxi companies. The Police Department has the application. The City Attorney has been reviewing this application as related to the City ordinances. The Virginia Beach taxi cabs are very concerned as one hundred fifty (150) cabs could flood the market. A meeting with the City of Norfolk will be scheduled to discuss this issue of increasing service to the residents of both communities. The City Manager's correspondence of September 1,2006, to the Mayor and City Council referenced this issue of Taxi Licenses. As far as establishing a base of operations, both Virginia Beach and Norfolk require taxi companies to have their base of operations in the respective cities. However, a company can set up a business office in both cities which Norview Cars is preparing to do. The City Manager believes the expanding of the capacity of taxi services in the City could best be accomplished through the concept of reciprocity, whereby taxi companies are allowed to operate regionally. September 5,2006 - 15 - AGENDA RE VIE W SESION 4:15 P.M. ITEM # 55546 2.a. Ordinance to TRANSFER $400,000 from Lynnhaven Parkway - Phase XI and $426,806 from Southeastern Parkway and Greenbelt to the Shore Drive Intersections Demonstration project re increased project scope, increased construction costs and low-bid contract Councilman Villanueva inquired if this would affect the Bleihem proposed project, located between CBN Regent University and Chesapeake. Virginia Beach's portion will consist of an office park with Chesapeake's side being retail. Mr. Block was not aware Lynnhaven Parkway - Phase Xl would affect this project. Mr. Block did not believe Lynnhaven - Phase Xl would commence prior to 2012. ITEM # 55547 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. ORDINANCESIRESOLUTION 1. Ordinance to AMEND 96-12 of the City Code re riding horses or driving vehicles on the City's beach or dunes. 2. Ordinances to TRANSFER: a $400,000 from Lynnhaven Parkway - Phase XI and $426,806 from Southeastern Parkway and Greenbelt to the Shore Drive Intersections Demonstration project re increased project scope, increased construction costs and low-bid contract b. $100,000 from the Electronic Ballot System - ADA Machines and $40,000from the General Registrar's FY2006-07 operating budget to the Leroy Drive Master Plan and facility replacements re warehouse renovations for voting machine storage 3. Resolution to APPOINT Andrew Pittman to the position of Assistant City Attorney effective September 16, 2006. Council Lady McClanan will vote a VERBAL NAY on Item K.l. September 5, 2006 - 16 - ITEM # 55548 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (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)(J) Councii Appointments: Boards, Commissions, Committees, Authorities and Agencies 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 2.2-3711 (A)(3). Acquisition/Disposition of Property: Beach District LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Rosa Minor v. City of Virginia Beach Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (4:17P.M.). September 5, 2006 - 17 - ITEM # 55548 (Continued) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 4:17 P.M. - 5:25 P.M.) (Dinner: 5:25 P.M. -5:55 P.M.) September 5, 2006 - 18 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 5, 2006 6:00 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, August 22,2006, at 6:27 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Richard Keever Pastor, Bayside Presbyterian 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 accounting firm 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 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. September 5, 2006 - 19 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM# 55549 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 exemptfrom 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: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 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 # 55548) Page 16, and in accordance with the provisions of The Virginia Freedom of Information Aq and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NO'ff, THEREFORE, BE IT RESOL VEl>. 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. ~ th Hodges mith, MMC City Clerk September 5, 2006 - 20- Item V-F.J. MINUTES ITEM #55550 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED Minutes of the INFORMAL and FORMAL SESSIONS of August 22, 2006. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 2006 - 21 - Item V-G.1 MA YOR'S PRESENTATION ITEM #55551 Mayor Oberndorf PRESENTED a Resolution of Appreciation: Deputy Chief Greg G. Mullen Police Chief Charleston, South Carolina Mayor Oberndorf advised Major Joe Reilly, Charlestown, South Carolina, who is a fine gentleman, called the Mayor and advised her of Deputy Chief Mullen being chosen as the new Police Chief of Charlestown, South Carolina, before he publicly announced his decision.. Deputy Chief Mullen was accompanied by Police Chief A.M. Jacocks and Deputy Chief James A. Cervera. Greg G. Mullen served as a Special Agent in the United States Air Force and retired after twenty-two years of combined active and reserve duty. He joined the Virginia Beach Police Department on January 16, 1985. He quickly "showed the mettle" that would propel him through the ranks and culminate in his being named Deputy Chief on March 16, 2002. During his tenure, he served as a Sergeant at the First Precinct in Special Investigations, as a Lieutenant at the Second Precinct in Professional Development and Training, as the Captain at the Fourth Precinct where he headed Special Investigations, and, as Deputy Chief, Greg oversaw the Investigative and Operations Divisions. He has received over sixty-four letters of commendation and appreciation during his career and has received many awards. He has been recognized repeatedly for his accomplishments and was instrumental in assisting the Police Department achieve various grants, to create and cultivate a culture of integrity totaling over $518,000; and is an outstanding member of our "Community for a Lifetime ", serving on the Board of Directors for Angel Flight of Virginia and as Law Enforcement Liaison for two public education programs mentoring at-risk children and the new Legal Studies Academy at First Colonial High School. The Virginia Beach City Council is most grateful for the service Deputy Chief Greg G. Mullen provided the citizens of the City of Virginia Beach and for his outstanding leadership and friendship. City Council hereby wishes him well as he embarks upon a new phase of his career, Police Chief of Charleston, South Carolina. September 5, 2006 ~~:\ ~~~~ .~~~'<<~ f"'!<; ~A.>Z~"~;'.:~ o~. '.Co,' <I f?o-.... ".....'.'.'. ;,.,~",...':t...., ;'f::!' . ~,:, l~> (u~ ", '.. ..~) ,. ~.~~ ". ;. "-.- ~'''.; " ";1.)0 ,,~.. .- :-~ .......- ,": "'~_, _ .~~tr!..~J. ,,-"'. ~........ ....... it..\-. tAJ UC,lft ",.,..o~-........,: ~..........~~ . RESOLUTION WHEREAS: Greg G. Mullen served as a Special Agent in the United States Air Force and retired after twenty-two years of combined active and reserve duty. He joined the Virginia Beach Police Department on January 16, 1985. He quickly "showed the mettle" that would propel him through the ranks and culminate in being named Deputy Chief on March 16, 2002; WHEREAS: During his tenure he served as a Sergeant at the First Precinct.' in Special Investigations, as a Lieutenant at the Second Precinct in Professional Development and Training, as a Captain at the Fourth Preci,!..ct where he headed Special Investigations, and, as Deputy Chief, Greg oversaw the Investigative and Operations Divisions; WHEREAS: Deputy Chief Mullen has an extensive education, including degrees in Criminal Justice, Criminology and a Master of Public Administration; ,.~--.,..~, WHEREAS: He has received over sixty-four letters of commendation and appreciation during his career and has received many awards. He has been recognized repeatedly for his accomplishments and was instrumental in assisting the Police Department achieve various gr.ants, to create and cultivate a culture of integrity totaling over $518,000; and, WHEREAS: Greg is an outstanding member of our "Community for a Lifetime ", serving on the Board of Directors for Angel Flight of Virginia and as Law Enforcement Liaison for two public education programs mentoring at-risk children and the new Legal Studies Academy at First Colonial High School, to name but a few; NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council is most grateful for the service Deputy Chief Greg G. Mullen provided the citizens of the City of Virginia Beach and for his outstanding leadership and friendship. City Council hereby wishes him well as he embarks upon a new phase oj his career, Police Chief of Charleston, South Carolina. Given under our hands this Fifth day oj September 2006. La.~ it:?' Barbara M Henley, Council Member !i1l:"L .f JJ1r &d1~-~ Re as. McClanan, Council Member - 22- Item V-H.i. PUBLIC COMMENT ITEM #55552 Mayor Oberndorf INVITED PUBLIC COMMENT re: COMMUNITY LEGISLATIVE AGENDA The following registered to speak: Michael Barrett, 212 72nd Street, Phone: 422-1568, spoke in OPPOSITION to the Bifurcated Tax Rate and he believes the actual document was incorrect. All classes of property are now created equally and pay taxes at exactly the same rate (based on 100% of the assessment by the Real Estate Assessor). This proposal would be disproportionate and affect competitiveness. Keep real estate taxes low, equal and fair. Brian Kirwin, 304 Cripple Creek, Phone; 463-0399, spoke in SUPPORT and requested prior to raising the meal tax again, the citizens should be provided with a Referendum. Lowell Morse, 1705 Lambs Creek Lane, Phone: 233-8545, Development Consultant, spoke in OPPOSITION to the Bifurcated Tax Rate Craig Cope, 1009 Caton Drive, Phone: 605-0401, Area Manager - Liberty Property Trust, Developer, which owns, manages and developes office and warehouse buildings, spoke in OPPOSITION to the Bifurcated Tax Rate Linwood 0. Branch, President - Virginia Beach Hotel/Motel Association, spoke in OPPOSITION to the Bifurcated Tax Rate and requested this item be removed. Steve McNulty, 2081 Thomas Bishop Lane, Phone: 496-4853, rising Chair for the Virginia Beach Division, Hampton Roads Chamber of Commerce and read their correspondence into the record. The Chamber requested the Bifurcated Tax Rate be removed. (Mr. McNulty spoke under the Public Dialogue session at the end of the meeting and apologized for being late due to traffic) Mayor OberndorfCLOSED the PUBLIC COMMENT. September 5, 2006 - 23 - Item V-H. 2. PUBLIC COMMENT ITEM #55553 Mayor Oberndorf INVITED PUBLIC COMMENT re: HISTORIC SITE ORGANIZING COMMITTEE The following registered to speak: Judy Connors, 32-year resident of the City, was concerned re the reality of a Foundation which this Organizing Committee will develop. Mrs. Connors was concerned how The Aquarium and the Sandler Center for the Performing Arts Foundations (examples of success) applies to multiple historic sites as they are completely different entities. Accountability to City Council must be preserved. Three Governance proposals have been offered to the City Council and none acted upon. In July 2004, the Stumpf Report was offered as part of the Governance policy. Mrs. Connors believes this Report to be the best proposal. Joyce Taylor, 757 Buckley Arch, Phone: 563-0725, President - Friends of Francis Land House believes with the formation of a Foundation everything is back at "square one ". The fund raisers have produced enough funds to significantly furnish the Francis Land House. Substantial funds are available for more purchases. Mrs. Taylor hopes the Friends would be included in the structure of the Foundation. Johnnie S. Miller, 4750 Post Oak Drive, Phone; 467-1549, citizen volunteer, and advised in 1986 the Francis Land House was opened to the public. Mrs. Miller believed the Stumpf Report should be revisited. Much of this information needs to be utilized. Volunteers have always played a major role in the operation of the historic houses. Jorgja Jean, 1400 Mediterranean Avenue, Phone: 428-0299, Secretary of the Governor's Boardfor the Francis Land House which also administers the Adam Thoroughgood House, spoke in SUPPORT. A Foundation offers a great benefit to the City. There are many grants available in this area which can only go to a Foundation, not a Municipal entity. Mayor OberndorfCLOSED the PUBLIC COMMENT. September 5, 2006 Item V-I. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 24- ITEM #55554 AGENDA FOR THE FORMAL SESSION September 5, 2006 - 25 - Item v.x. ORDINANCES/RESOLUTION ITEM #55555 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Item 1, 2a/b and 3 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY on Item K.1. (riding horses on City's beaches) September 5, 2006 - 26- Item v'K.l. ORDINANCES/RESOLUTION ITEM #55556 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND S6-12 of the City Code re riding horses or driving vehicles on the City's beach or dunes. Voting: 10-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood \ Council Members Voting Nay: Reba S. McClanan Council Members Absent: None September 5, 2006 1 2 3 4 AN ORDINANCE TO AMEND CHAPTER 6 OF THE CITY CODE PERTAINING TO RIDING HORSES OR DRIVING VEHICLES ON THE BEACH OR DUNES 5 SECTION AMENDED: 6-12 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-12 of the Code of the City of Virginia 9 Beach, Virginia, is hereby amended to read as follows: 10 Sec. 6-12. Riding horses or driving vehicles on beach or dunes. 11 (a) It shall be unlawful for any person to ride a horse or 12 any other animal or to operate or drive a vehicle of any kind on 13 the public beaches or upon the sand dunes wi thin the city, 14 except that area between the ocean and sand dunes south of the 15 exit ramp at the southern end of Little Island Recreation Park 16 (now being used as a public way to commute back and forth to a 17 place of residence). 18 (b) The provisions of this section shall not apply to the 19 police mounted patrol, city vehicles operated while cleaning or 20 working on the beach, police and emergency vehicles, erosion 21 commission vehicles, vehicles of net fishermen operating under 22 proper permits, or vehicles operated by physically handicapped 23 persons by permission of the city manager or his designee. 24 (c) The provisions of this section shall not apply -ee- 25 conduct in the resort area between November 1 and April 15 to 26 conduct that is explicitly authorized by a special events permit 27 issued pursuant to City Code section 4-1 or by a franchise 28 awarded by the City Council. Unleoo othen:ioe extended by city 29 council, thio cmboection oho.ll ounoet effecti7e February 28, 30 2007. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th day of September, 2006. - 27- Item v'K.2 a/b. ORDINANCES/RESOLUTION ITEM #55557 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to TRANSFER: a $400,000 from Lynnhaven Parkway - Phase XI and $426,806 from Southeastern Parkway and Greenbelt to the Shore Drive Intersections Demonstration project re increased project scope, increased construction costs and low-bid contract b. $100,000 from the Electronic Ballot System - ADA Machines and $40,000 from the General Registrar's FY2006-07 operating budget to the Leroy Drive Master Plan and facility replacements re warehouse renovations for voting machine storage Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 2006 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO TRANSFER $826,806 FROM CIP #2- 167, LYNNHAVEN PARKWAY- PHASE XI (VDOT)-I AND CIP #2-0891 SOUTHEASTERN PARKWAY AND GREENBELT (PARTIAL) 1 TO CIP #2-1151 SHORE -DRIVE INTERSECTIONS DEMONSTRATION PROJECT 1 TO COVER INCREASED PROJECT SCOPE AND INCREASED CONSTRUCTION COSTS AND ENABLE THE AWARDING OF THE LOW-BID CONTRACT 10 WHEREAS, due to the increase in project scope to include 11 construction of an additional sidewalk and increasing costs for 12 materials and labor 1 an additional $8261806 must be appropriated to 13 CIP #2-1151 Shore Drive Intersections Demonstration Projectl to 14 allow the awarding of the low-bid contract for this project; and 15 WHEREAS 1 the additional amount needed may be transferred 16 from CIP #2-167, Lynnhaven Parkway- Phase XI (VDOT), and CIP #2- ~7 089, Southeastern Parkway and Greenbelt (partial). 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That $400,000 is hereby transferred from CIP #2-167, 21 Lynnhaven Parkway- Phase XI (VDOT) 1 and $426/806 is hereby 22 transferred from CIP #2-0891 Southeastern Parkway and Greenbelt 23 (partial) 1 to CIP #2-1151 Shore Drive Intersection Demonstration 24 Projectl to cover increased scope and increased construction costs 25 and enable the awarding of the low-bid contract. 26 Adopted by the Council of the City of Virginia Beachl 27 Virginial on the 5th day of septembe:r: 2006. 1 APPROVED AS TO CONTENT: ~~tq~~ CAI0128 V:\citylawprod\00019131.DOC R-4 August 24, 2006 APPROVED AS TO LEGAL SUFFICIENCY: \ la 1 ~J f C:}d/'^ City Attorney's Of ice- 2 1 AN ORDINANCE TO TRANSFER $100,000 FROM CIP 2 PROJECT # 3-335, CIT, ELECTRONIC BALLOT SYSTEM 3 - ADA MACHINES, AND $40,000 FROM THE GENERAL 4 REGISTRAR'S FY 2006-07 OPERATING BUDGET TO CIP 5 PROJECT # 3-369, LEROY DRIVE MASTER PLAN AND 6 FACILITY REPLACEMENTS, FOR THE RENOVATION OF 7 THE LEROY DRIVE WAREHOUSE FOR THE STORAGE OF 8 VOTING MACHINES 9 10 WHEREAS, funding of $100,000 is available in CIP Project #3- 11 335, CIT, Electronic Ballot System - ADA Machines, and $40,000 is 12 available in the General Registrar's FY 2006-07 Operating Budget. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 1. That CIP Project #3-369, Leroy Drive Master Plan and 16 Facility Replacements, is hereby reestablished in the FY 2006-07 17 Capi tal Budget. 18 2. That $100,000 from CIP Project #3-335, CIT, Electronic 19 Ballot System ADA Machines, and $40,000 from the General 20 Registrar's FY 2006-07 Operating Budget is hereby transferred to 21 CIP Project #3-369, Leroy Drive Master Plan and Facility 22 Replacements, for the renovation of the Leroy Drive Warehouse for 23 the storage of voting machines. 24 3 . That the scope of CIP Project #3-369, Leroy Drive Master 25 Plan and Facility Replacements, is hereby modified to include the 26 renovation of the Leroy Drive Warehouse for the storage of voting 27 machines. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the 5th day of September, 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~(2~ J~ ~nu f j( !ttJ.^ City Attorney's Of ce CAI0132 V:\citylawprod\00019297.DOC R-2 August 24, 2006 - 28 - Item v'K.3. ORDINANCES/RESOLUTION ITEM #55558 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to APPOINT Andrew Pittman to the position of Assistant City Attorney effective September 16, 2006. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 1006 1 A RESOLUTION APPOINTING ANDREW B. PITTMAN AS 2 AN ASSOCIATE CITY ATTORNEY 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That, pursuant to ~ 2-166 of the Code of the City of Virginia 6 Beach, 7 Andrew B. Pittman is hereby appointed as an Associate City 8 Attorney, effective September 16, 2006. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of September , 2006. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ;:e- ~ ~ City Attorney's fflce CAI0099 H:\GG\Ordres\Appoint Pittman Res.doc R-l August 25, 2006 Item V-L.l. APPOINTMENTS - 29- ITEM # 55559 BY CONSENSUS, City Council RESCHEDULED: BEACHES AND WATERWAYS COMMISSION BUILDING CODE OF APPEALS - New Construction COMMUNITY SERVICES BOARD EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HISTORIC SITE ORGANIZING COMMITTEE SPORTS AUTHORITY OF HAMPTON ROADS September 5, 2006 - 30- Item V-L.2. APPOINTMENTS ITEM # 55560 Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED Richard E. Garriott, Jr. Alternate Unexpired term thru 08/31/2010 BOARD OF ZONING APPEALS Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 2006 - 31 - Item V-L.3. APPOINTMENTS ITEM # 55561 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED Dr. E. E. Brickell Lisbet Renee Ward Five-year term 09/01/2006 - 08/31/2011 COMMUNITY MEDICAL ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 2006 - 32 - Item V-L.4. APPOINTMENTS ITEM # 55562 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: C. Max Bartholomew Douglas D. Ellis APPOINTED: John Richardson PrescoU Sherrod Four-year term 09/01/2006 - 08/31/2010 DEVELOPMENT AUTHORITY Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 2006 - 33 - Item V-L. 5. APPOINTMENTS ITEM # 55563 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Robert Barnaby David P. Bartholomew Joel Fink Tommy J. Johnson Three-year term 09/01/2006 - 08/31/2009 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 2006 - 34- Item V-L.6. APPOINTMENTS ITEM # 55564 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Nancy K. Parker REAPPOINTED: Merrilu P. Alblowich R. Patrick Dean Charles Flowers Mary D.McGovern Ernestine Middleton Three-year term 09/01/2006 - 08/31/2009 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 2006 - 35 - Item V-L.7. APPOINTMENTS ITEM # 55565 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: David S. Redmond Three-year term 09/01/2006-08/31/2009 REVIEW AND ALLOCATION COMMITTEE (COG) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 2006 - 36 - Item V-L.8. APPOINTMENTS ITEM # 55566 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Peter W. Schmidt Unexpired thru 06/30/2010 SOCIAL SERVICES BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 2006 - 37 - Item V-L.9. APPOINTMENTS ITEM # 55567 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: J. Bryan Plumlee Five-year term 09/01/2006 - 08/31/2011 WETLANDS BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 5, 2006 - 38 - Item V-O. ADJOURNMENT ITEM # 55568 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:47 P.M. __~____t2:_&~/:~ Beverly 0. Hooks, CMC Chief Deputy City Clerk Louis R. Jones Vice Mayor ~~- City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia After ADJOURNMENT, Public Comments relative Non Agenda Items were heard and adjourned 7:45 P.M. September 5, 2006 - 39 - OPEN DIALOGUE Non Agenda Items Sam Reid, President - Oceana Gardens Civic League, distributed a petition containing 718 signatures, in OPPOSITION to the Judeo-Christian and Outreach Center Shelter and Dining Hall being located on West Lane in Ocean a Gardens. Said petition is hereby made a part of the record. Richard Powell attended their special Civic League meeting and advised this would not occur. Mr. Powell advised he would not place a sign on the Boulevard. Sharon Prescott, Department of Housing, advised in 2003 JCOC (Judeo-Christian and Outreach Center) applied for the continuum care for eight (8) units of permanent, supportive housing. This type of housing operates as any type of apartment housing. Tenants have leases and can stay as long as they are in compliance with the lease and terms of the program. The occupants will be receiving services including counseling, education and job opportunities, to bring the tenants to their fullest potential as members of the community. This is permanent support housing. Karen Lasley, Zoning Administrator, advised the site is zoned A-12 Apartment District. Mr. Powell has a site plan depicting seven (7) residential units. Support services will be offered at his main site on Virginia Beach Boulevard. This application is located within the high noise area (above 75dbl). Lynwood Parker, 1 J08 Allenwood Avenue, Phone: 496-3680, expressed appreciation for assistance re Lake Trant; however, there are still a few problems. The finger behind his house, resembling a ditch, has only two (2) feet of depth, which was suppose to be five (5). There is no way to reach the center of the canal. Mr. Parker also expressed concern re the lack of a storm drain and requested this situation be resolved. Mr. Parker spoke with Dean Block, Director of Public Works. Leona Schuler, 2448 Rose Hall Drive, Phone: 481-5371, President of Trantwood Lake Corporation, referenced the meeting of August 18, 2006, which was attended by Public Works, the City Attorney and Mrs. Schuler. There was no Mediator. Some areas were resolved. However, the major areas of the unpermitted fill and the problems which still prevail were not resolved at this meeting. The residents received correspondence of August 28, 2006, from E. Dean Block stating a corrective action plan was submitted to the Department of Environmental Quality which was subsequently approved after discussions with the Trantwood Lake Corporation President and the City. Mrs. Schuler said this was a misleading statement to her residents. She has not had any discussions since May and until August 18, 2006, with the City, regarding the DEQ correction action plan. This Plan was approved July 28'h between the City and DEQ.. Margaret Armstrong, 2308 Mossy Hollow Place, Phone: 496-2774, accompanied by Juel Loughney property owners on Lake Trant - Alignment G. A photograph displaying the Cove with dumped dredge material forming a sandbar was distributed during the City Council Session of August 9, 2006. The depth of water across the mouth of the cove has continued to worsen. Photographs depicted a well known fishing hole for Lake Trant residents prior to the dredging. This area was subsequently reduced to 1- 0 feet by the dumping of dredging material in September 2006. The bottom level can now be seen above the surface level across the mouth of the cove. The depth of water in front of their dock is 4 ". Chris Sawides, Manager - Black Angus, Phone: 428-1667, expressed appreciation for serving on the Meals Tax Task Force. Mr. Sawides supports a Referendum to the citizens prior to raising the Meals Tax. However, the Meals Tax Task Force report did not capture the intensity and passion of the meeting. The Meals Tax Rate had increased 25%. Sales revenue has increased but there has also been a tremendous amount of new products available. The figures of tourist visitation are also not factored. In ita lly, the 1 % meals tax imposed was for the original Pavilion construction and is still in place even though the original Pavilion is gone. The TGIF fund had a sunset clause carved into the Ordinance. This was waived. September 5, 2006 - 40- OPEN DIALOGUE Non Agenda Items Dan Baxter, 2001 Drumheller Court, Phone: 495-7224, Chair- Clean Community Commission, spoke re the issue offlooding as it relates to storm water management. Pleasant Valley Road tonight still has ten inches of water. This road floods regularly. Mr. Baxter distributed Volunteer statistics of the Clean Community Commission re storm drains marked for installation.. Richard 1. Yount, 3407 Norfeld Court, Phone: 23453, concerned re taxi licenses and expressed OPPOSITION to the registering of 150 Norfolk taxi cabs to operate in Virginia Beach. Mayor Oberndorf had to leave the City Council Session to make a sympathy call (7:17 P.M.) The Vice Mayor Presided for the balance of the Open Dialogue. September 5, 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 # 55548, Page 16, and in accordance with the provisions of The Virginia Freedom of Information A~ and, WHEREAS. Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOliY, THEREFORE, BE IT RESOL VED. 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. September 5, 2006