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Home My WebLink AboutDECEMBER 4, 2007 MINUTES I II CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR 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 L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 4 DECEMBER 2007 I. CITY MANAGER'S BRIEFING - Conference Room - 1 :30 PM A. CITIZEN FOCUS GROUP FEEDBACK Andrew Friedman, Director, Housing and Neighborhood Preservation II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 2:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Kevin Milcarek, Pastor Back Bay Christian Assembly of God 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 November 27,2007 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCESIRESOLUTION 1. Ordinances to ACCEPT the following donations: a. Artwork known as "Heron Trio" from Armada Hoffler to be installed atop the fountain at Town Center Fountain Plaza b. Pole Camera Search System from Tactical Electronics Corporation re use by the Police SWAT Team and Bomb Squad c. $3500 from Friends of the Juvenile and Domestic Relations Court re Police Gangs Task Force 2. Ordinance to MODIFY the CIP project "Stumpy Lake Golf Course Infrastructure Improvements" to include, in addition to water and sewer service, on-course improvements as well as enhancing the existing entrance road and causeway 3. Resolution to RECEIVE and ACCEPT the Green Ribbon Committee report and APPOINT the Green Ribbon Implementation Committee I I J. APPOINTMENTS BOARD OF ZONING APPEALS (BZA) CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC SITES ORGANIZA TING COMMITTEE PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION RESORT AREA STRATEGIC ACTION PLAN ADVISORY COMMITTEE SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEV AMP VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC WORKFORCE HOUSING ADVISORY COMMITTEE K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITY COUNCIL'S SCHEDULE 2007 December 11 Briefing, Informal, Formal, Planning 2008 January 8 Briefing, Informal, Formal, Planning, Open Dialogue January 22 Briefing, Informal, Formal, Planning February 19 Location to be Announced -7:15 pm SwrmwarerPfunsandFundmg ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 12/4/07/st www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 4, 2007 Mayor Oberndorf called to order the City Manager's Briefing re CITIZEN FOCUS GROUP FEEDBACK in the City Council Conference Room, City Hall, on Tuesday, December 4, 2007, at 1:30 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer [Entered: 2:10 P.MJ John E. Uhrin [Entered: 1:50 P.MJ December 4, 2007 - 2 - MA YOR 'S COMMENTS ITEM # 57101 1:30 P.M. Concerning the issue of illegal immigration, Mayor Oberndorf requested the City Manager and City Attorney conduct an Administrative Review of all issues, A Briefing relative this issue was tentatively scheduledfor a City Council Work Session, but has been rescheduled to allow for their Review. The City Attorney advised this item was rescheduled in order to collect the various positions from the different departments and formulate same into the format of an Administrative Directive. The City Attorney wished to check with the other cities within the Hampton Roads Region, in order to assure the policies would be similar. The presentation re Illegal Immigration would be more efficiently given when it contains all the relevant statistics, By Consensus, it will be scheduled for a January 2008 City Council Session. The City Manger advised many uncoordinated actions are being taken throughout the region, state and country concerning the subject of Illegal Immigration, He would like to have a more cooperative effort. Council Lady McClanan referenced the newspaper article re the Chesterfield County Sherriff's Department re funds received to pay for certain inmates. The City Attorney advised speaking to the Sherriff's office concerning this item who has utilized this program in the past, There are many issues re immigration and there are many ordinances in various municipalities Councilman Villanueva requested fiscal impacts be attached to the recommendations, in order to be approached from a budgetary standpoint. The City Attorney advised there would be costs with certain initiatives. The present efforts of the departments would be compiled along with any suggested changes. Policy changes would not be recommended, only compiled in an administrative format to afford City Council the opportunity for review, Council Lady Wilson advised this topic was discussed during the City Council Retreat to assure the employees of the City's vendors were all legal citizenry. Council Lady Wilson referenced the label of "Sanctuary City ", The City Attorney advised, as an example, it is already against the law to hire an illegal immigrant. Language within the contracts could be emphasized to reflect the present laws. Mayor Oberndorf advised, under Virginia Law, the City does not have the authority to declare Virginia Beach anything that has not been a due process by the General Assembly. Mayor Oberndorf has never heard anyone declare Virginia Beach as a "Sanctuary City" other than a television personality, which does not make it true. Council Lady Henley requested the City Attorney clarify there are only certain things one can legally require in determining someone 's documentation. The City Attorney advised the Federal Government has refused to act re Illegal Immigration. Presidential Candidates are debating this issue and disagreeing with each other. Every Bill introduced last year re any manner re Illegal Immigration was defeated Generalization, cost and impact are some of the problems which must be considered Mayor Oberndorf expressed appreciation to the City Manager and City Attorney. City Council looks forward to the January Briefing. December 4, 2007 - 3 - C IT Y MANA G E R 'S B R IE FIN G CITIZEN FOCUS GROUP FEEDBACK 1:50 P.M. ITEM # 57101 (Continued) ITEM # 56993 Andrew Friedman, Director, Housing and Neighborhood Preservation, advised, in preparation for the budget, the Department of Housing and Neighborhood Preservation sought input from community stakeholders to identify key issues, needs and concerns. Housing and Neighborhood Preservation engaged an outside facilitator, Kay Carey of Horizons Consulting Services, to conduct focus groups to promote objectivity and eliminate any influence by Housing and Neighborhood Preservation. Mr, Friedman introduced Kay Carey - Horizons Consulting Services, and Jasmine D. Dezone - Communications - Housing and Neighborhood Preservation. . Fourteen (14) focus groups and one one-on-one session were held . Ninety-three (93) participants attended sessions, representing over 30 organizations and individuals affected by issues facing the Department of Housing and Neighborhood Preservation Questions . What does your neighborhood and/or the City need related to preserving housing and neighborhoods between now and 2010? . What do you like about your neighborhood? What should the Department of Housing and Neighborhood Preservation continue to do that contributes to your neighborhood? . What should the Department of Housing and Neighborhood Preservation do/provide to address the things you do not like about your neighborhood? Responses are organized into four (4) categories, The frequency with which each category was identified as a priority was depicted: Programs and Services Education/Communication/Awareness Neighborhood/Community Involvement Partnerships (51%) (19%) (17%) (13%) Programs and Services . Code enforcement is seen as a key to maintaining quality homes . Issues regarding absentee landlords were identified by approximately 30% of the focus groups . The Department of Housing and Neighborhood Preservation and partners should be pro-active in its programs and services Gaps: . Lack of affordable housing opportunities Need for housing preservation Needfor neighborhood enhancement and preservation . . Strategies: · Affordable Housing · Housing Preservation · Neighborhood Preservation December 4, 2007 - 4 - C IT Y MANA G E R 'S B R IE FIN G CITIZEN FOCUS GROUP FEEDBACK ITEM # 57101 (Continued) Specific Program Ideas Recommended Affordable Housing . Support new home buyers and those who want to rehab their homes by assisting them in building credit, such as the current program offered in Norfolk . Assist seniors . Education regarding access to financial assistance programs and how to apply for them . Education about predatory lending . Develop a Master Leasing Program . Create a Housing Trust Fund . Housing preservation Code Enforcement . Stricter guidelines and earlier intervention with ordinances regarding occupancy, broken- down vehicles, and dilapidated housing . Increase the number of inspectors . Week-end code inspectors . Utilize volunteers . Create a Citizen A wareness Program . Assign one Department of Housing and Neighborhood Preservation staff member to landlord enforcement issues . Reduce absentee landlords . Provide incentives . Provide "dis-incentives," such as increasing their taxes . Place a time limit on renovations Neighborhood Preservation . Create a Neighborhood Design Center . Provide design services . Provide tax abatements for qualifying designs . Increase police presence and early identification of specific neighborhood needs . Involve community in reduction of crime . Foot patrols . Neighborhood watches . Programs for youth in conjunction with Parks and Recreation . Provide opportunities for youth, such as the CARE program Education!Communication! Awareness . Department of Housing and Neighborhood Preservation regarded as visionary and efficient . Perception that many residents are not aware of available programs or how to access them . Need for educating residents about home maintenance responsibilities, guidelines and checklists . Participants acknowledged challenge of reaching all residents and suggested variety of media to disseminate information December 4, 2007 - 5 - CITY MANA GER 'S BRIEFING CITIZEN FOCUS GROUP FEEDBACK ITEM # 57101 (Continued) Gaps: . Lack of information about available resources and how to access them . Lack of information about how to preserve houses and neighborhoods Strategies: . Educate public about DHNP programs and services . Improve communication with residents Specific Program Ideas Recommended Education/Communication and Awareness . Educate the public about the Department and its programs and services . Funds available for home improvements and rehabilitation . Maintenance checklists . Support services and where/how to obtain them . Education on Ordinances . Work with Civic Leagues, Homeowners' Associations and CAe's . Implement methods to reach all residents . Increase access to information . Partner with VA Power, PTAs, city magazines and other publications to include resource information in bills, pamphlets, newsletters, etc. . Insure accuracy of information . Establish an ombudsman program Neighborhood/Community Involvement . Neighborhoods with active Civic Leagues or Neighborhood Associations and are more capable of responding to problems, less prone to blight and other problems than those without. . Neighborhood Institute is highly regarded and seen as opportunity to increase neighborhood leadership and involvement . Twenty-five (25%) of the focus groups desired a Department of Housing and Neighborhood Preservation staff member to serve as Liaison to neighborhood organizations Gaps: . Absence of Civic Leagues in neighborhoods that would benefit from them Lack of participation in Civic Leagues and Homeowners' Associations Comprehensive training of civic group leaders . . Strategies: · Civic Leagues and Homeowners' Associations . Consider value of housing's relationships, or absence of, with specific groups (i.e. military, nonprofit, and public sectors) and implications for City if they were reduced or did not exist December 4, 2007 - 6 - C IT Y MANA G E R 'S B R IE FIN G CITIZEN FOCUS GROUP FEEDBACK ITEM # 57101 (Continued) Specific Program Ideas Recommended Neighborhood and Community Involvement . City should help increase participation in civic leagues/associations . Educate leaders through continuation and possible revamping of the Neighborhood Institute; consider an immersion program; . Help establish Civic Leagues in neighborhoods where they do not exist . Assign one Department of Housing and Neighborhood Preservation employee to attend meetings and be responsible for start-up of new Civic Leagues and act as liaison between the Department of Housing and Neighborhood Preservation and Civic Leagues, Homeowners' Associations and Citizen Action Coalitions . Strengthen relationship between Civic Leagues and Citizen Action Coalitions . Utilize Civic League members as Volunteers to improve code enforcement . Standardization of Homeowners' and Condo Associations' policies and procedures and develop a system of checks and balances regarding leaders' authority and accountability to the City . Utilize Civic Leagues and Homeowners' Associations to increase understanding of diverse populations and reduce intolerance, particularly in mixed-income neighborhoods . Increase collaboration between Civic Leagues . Provide training and opportunities for children to learn responsibility for and how to maintain a healthy community Partnerships . Strengthening and creating partnerships are integral to Department of Housing and Neighborhood Preservation's effectiveness . Over 60% of comments regarding partnerships pertained to those within the City structure . Form creative partnerships . Use homeless initiative and current partnerships with nonprofit housing organizations as models . Businesses are untapped resourcesfor financial and human support Gaps: . Communication and collaboration with other City Departments to maximize resources . Public-private-nonprofit partnerships designed to re-align stakeholders and services in a different way Strategies: . Strengthen partnerships with other City Departments Develop and strengthen community partnerships around specific issues and evaluate effectiveness Encourage businesses and educate them to be stronger community partners . . December 4, 2007 - 7 - C IT Y MANA G E R 'S B R IE FIN G CITIZEN FOCUS GROUP FEEDBACK ITEM # 57101 (Continued) Actions Planned or Underway . Communications and information enhancements - dedicated one full time staff member . Neighborhood Institute continuing - enhanced marketing/communication to increase participation- annual review of content/method . Actively managing code enforcement program to increase effectiveness and impact . Beginning to address housing preservation through budget proposals Mr. Friedman advised, concerning absentee landlords, a change in the law is being sought to make a requirement for registration of buildings and failure to rehabilitate, Mr. Friedman shall advise the specific guidelines concerning standards re parking of inoperable cars in yards of homes and rental apartments. There is a difference when a Condominium Association has control. Vice Mayor Jones referenced the article concerning the boarding up of hones and fines, The City Manager advised a legislative change is being proposed to shorten the amount of time a house may be left abandoned and to increase the fines for non-compliance. This effort is being undertaken regionally. Mr. Friedman advised Housing and Neighborhood Preservation's Budget Request does not include additional Code Enforcement Inspectors. Mayor Oberndorf expressed concern re predatory lending. The citizens need to be educated re the various loans and credits, Last year, the Mayor of Charleston, South Carolina, instituted a program to designate a police officer who would respond to complaints re abandoned cars and deteriorated housing. A retired Judge agreed to assume a part time position to hear these cases and render a decision. Mayor Oberndorf suggested Mr. Friedman discuss this concept with the Department of Housing and Neighborhood Preservation. Mr, Friedman advised there are both Federal and State initiatives to address predatory lending and foreclosure prevention. Mr. Friedman will make sure his Department is fully informed and take advantage of any authority providedfor local governments, A communication strategy has ascended to the "top of the list", December 4, 2007 - 8 - CITY COUNCIL LIAISON REPORTS 2: 28 P.M. ITEM # 57102 Council Members Dyer and Wilson, Liaisons - Blue Ribbon Tax, Fee and Spending Task Force, advised this Committee has been very active with the involvement of a broad spectrum of the City, The Expenditure Task Force portion is providing their final recommendations with the Revenue portion complete. Linwood Branch, Chair, Local Government, is composing a descriptive summary and introduction, which should be completed within two (2) weeks, This will be the City Council's decision, only recommendations are being provided. ITEM # 57103 Council Members Dyer, Wilson and Villanueva are Liaisons to the Joint/School Modernization. Committee. Councilman Villanueva advised they will meet on December 18, 2007 at 10:00 A.M with the Joint City/School Revenue Sharing Committee and other colleagues. Mayor Oberndorf advised she understood the School Board wishes to meet relative these issues, ITEM # 57104 Council Lady Wilson, Liaison - Workforce Housing Advisory Board, advised the preservation portion was discussed at the City Council Retreat. The Board has recently had an organizational meeting. She spoke with Dan Brockwell, a retired Architect, who is very excited concerning this concept. Hopefully the Board can work with some of the educational institutions in the region re an internship program. as well as the students from VOTECH, who are drafting help to work with the Pattern Books and move forward with these concepts. Mayor Oberndorf advised years ago the Hampton University architectural students actually did the first sketches for improvement of the Resort Area. Much of the work currently being considered is very similar to the original studies provided the City Council re medians, greenery and sidewalk connection. ITEM # 57105 Councilman DeSteph - Liaison, Southeastern Public Service Authority (SPSA) advised a Special Board Meeting has been called for Thursday, December 13, 2007, 9:30 A.M., SPSA Regional Board Room, 723 Woodlake Drive, Chesapeake, The purpose of the special meeting is to review, discuss and examine a new financial pro forma and debt repayment model developed by R. W. Beck, Inc. Hopefully, Councilman DeSteph will be provided a copy of the model to submit to City Council. December 4, 2007 - 9 - CITY COUNCIL COMMENTS 2:35 P.M. ITEM # 57106 Councilman Wood distributed: Resolution in SUPPORT of the Virginia Tuition Assistance Grant Program Councilman Wood requested this Resolution be ADDED to the Agenda. Councilman Wood discussed tuition Assistance Grants for local schools for the disabled children with Legislators during the General Assembly meeting with the City Council and Virginia Beach School Board, last evening, December 3,2007, at 6:30 P.M, Sheraton Oceanfront, This tuition grant provides a small stipend to Virginia residents who attend private colleges, Three colleges and universities in the Region benefit from this Virginia Tuition Assistance Grant program (TAG): Regent University, Hampton University and Virginia Wesleyan College. Nine hundred five (905) students form Virginia Beach currently are TAG recipients, ITEM # 57107 Council Lady Wilson referenced Virginia Business Magazine and noted that two (2) attorneys listed as being "legal elite", fall under the City Attorney's purview: Deputy City Attorney Kamala H Lannetti - Schools and Associate City Attorney Jennifer Huelsburg. ITEM # 57108 Council Lady Henley advised last Saturday evening (December 1, 2007), the First Annual Pungo Tree Lighting occurred with a very good turnout from the enthusiastic community. The City assisted with this lighting. ITEM # 57109 Mayor Oberndorf advised she spoke with the Chairman of the School Board re the Veterans Day Memorial Holiday concern. When the School Board set the year's calendar for holidays, the School Board thought this celebration was going to be on Sunday, November 11, 2007. The scheduling of holiday dates by the School Board is made a year in advance, However, the Veterans Committee decided to celebrate on Monday rather than Sunday (the actual holiday). The Virginia Beach School Board did not mean to offend anyone in any walk of life by having a school working day on November 12, 2007. December 4, 2007 - 10 - AGE N DA REV IE W S E S S ION 2:43 P.M. ITEM # 57110 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: 1. ORDINANCES/RESOLUTIONS 1. Ordinances to ACCEPT the following donations: a. Artwork known as "Heron Trio" from Armada Hoffler to be installed atop the fountain at Town Center Fountain Plaza b, Pole Camera Search System from Tactical Electronics Corporation re use by the Police SWAT Team and Bomb Squad c, $3500 from Friends of the Juvenile and Domestic Relations Court re Police Gangs Task Force 2. Ordinance to MODIFY the CIP project "Stumpy Lake Golf Course Infrastructure Improvements" to include, in addition to water and sewer service, on-course improvements as well as enhancing the existing entrance road and causeway 3, Resolution to RECEIVE and ACCEPT the Green Ribbon Committee report and APPOINT the Green Ribbon Implementation Committee City Council will consider adding this Resolution to the City Council Agenda and placing it on Consent: Resolution in SUPPORT of the Virginia Tuition Assistance Grant Program Councilman Wood will ABSTAIN on Item L1.b (SWAT Team and Bob Squad) as he does business with Tactical Electronics Corporation. December 4, 2007 - 11 - ITEM # 57111 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-371 1 (A), Code of Virginia, as amended, for thefollowingpurpose: PERSONNEL MATTERS: Discussion, consideration of, 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)(I) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2,2-3711 (A)(3). Acquisition/Disposition of City Property: Princess Anne District Southeastern Parkway parcel Beach District PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) Contract Negotiations - Princess Anne Commons Beach District Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION 2:45 P.M. December 4, 2007 - 12 - ITEM # 57111 (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 Break: 2:45 P.M - 2:50 P,M Closed Session: 2:50 P.M - 5:40 P.M Dinner: 5:40 - 6:03 P.M December 4, 2007 - 13 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 6, 2007 6:03 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, December 4,2007, at 6:05 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 INVOCA TION Vice Mayor Louis R, Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial '') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict, If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. 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. December 4, 2007 - 14 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) 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. December 4, 2007 - 15 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57112 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: 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 December 4, 2007 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 # 57111, Page 11, and in accordance with the provisions of The Virginia Freedom of Information Act, 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. NOff, 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. g~~ th Hodges Fraser, MMC City Clerk December 4, 2007 - 16 - Item F.J. MINUTES ITEM # 57113 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of November 27, 2007, 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 Abstaining: Council Members Absent: None December 4, 2007 - 17 - Item V-G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM 57114 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution in SUPPORT of the Virginia Tuition Assistance Grant Program 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 December 4, 2007 - 18 - Item V-G 2. ADD-ON ITEM 57115 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADDED to the Agenda, as Consent Item 4: Resolution in SUPPORT of the Virginia Tuition Assistance Grant Program 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 December 4, 2007 - 19 - Item V. I. ORDINANCES/RESOLUTIONS ITEM #57116 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Ordinances/Resolutions 1 albic, 2, 3 and 4 (ADDED) of the CONSENT AGENDA 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 Council Members Voting Nay: None Councilman Wood ABSTAINED on Item L1.b (SWAT Team and Bob Squad) as he does business with Tactical Electronics Corporation. December 4, 2007 - 20- Item V.L1.a.c. ORDINANCES/RESOLUTIONS ITEM #57117 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT the following donations: a. Artwork known as "Heron Trio" from Armada Hoffler to be installed atop the fountain at Town Center Fountain Plaza c. $3500 from Friends of the Juvenile and Domestic Relations Court re Police Gangs Task Force 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 December 4, 2007 1 AN ORDINANCE TO ACCEPT A DONATION OF 2 ARTWORK TO BE INSTALLED ATOP THE FOUNTAIN IN 3 THE TOWN CENTER FOUNTAIN PLAZA 4 5 WHEREAS, Armada Hoffler ("donor"), a partner with the City of Virginia Beach 6 and the Virginia Beach Development Authority in the development of the Town Center 7 of Virginia Beach, has offered to donate to the City of Virginia Beach a sculpture by the 8 nationally-known artist David Turner; and 9 10 WHEREAS, the sculpture, entitled "Heron Trio," is twelve feet (12) in height, 11 weighs approximately 1,500 Ibs and is cast in bronze; and 12 13 WHEREAS, the donor has agreed to pay for installation; and 14 15 WHEREAS, since the sculpture is cast in bronze, there are no long-term 16 maintenance concerns; and 17 18 WHEREAS, pursuant to Administrative Directive 6.06, the Public Art Committee 19 of the Virginia Beach Arts and Humanities Commission ("VBAHC") reviewed the 20 proposed sculpture donation and possible sites for installation; and 21 22 WHEREAS, after review and discussion with City staff, the VBAHC 23 recommended that the City accept the sculpture and that it be installed atop the fountain 24 in the Fountain Plaza of the Town Center of Virginia Beach. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA THAT: 28 29 The City Council hereby accepts the donation of artwork entitled "Heron Trio" 30 from Armada Hoffler and directs that such artwork be installed atop the fountain in the 31 Fountain Plaza of the Town Center of Virginia Beach. 32 33 Adopted by the City Council of the City of Virginia Beach, Virginia on this 4th 34 day of December ,2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ City Attorney's Offi~ CA 10594 R-1 November 21, 2007 .'" I I i I , l I I I I i 'if ';f 'tf ytt. '~..-~.'..'..-' ~~ ..~... .'. -'.'. ..",;,;. :/ ',';.,: '. . '... ..,.,! ~';1"", _, ,> -.... ....,..._" -'~'-..-.. f 2~~j, '. '.. ....,., , . , ..... ~ 'j t, 3 ... g 1 .. .. f f t ~ William and David Turner Since 1983, William H. and David H. Turner, a father and son team, have been designing and casting wildlife sculptures in bronze. To date they have created more than 300 different limited-edition bronzes and more than 50 large public commissions. Ranging in size from life-size mice and wrens to full-size bears and dolphins, the Turners have a sculpture to fit the smallest niche in a home or to enhance the entrance of a zoo or museum. Whatever the case, the Turners' work is a reflection of their deep appreciation and understanding of nature. Bill and David Turner both grew up and currently reside on the Eastern Shore of Virginia, which is a narrow peninsula sandwiched between the Chesapeake Bay and the Atlantic Ocean. This area is rich in wildlife, both in diversity and density, which continues to inspire the Turners to create works of art in bronze. They created and cast their first bronzes at their family farm, but they quickly outgrew this space. They purchased the property where they are now located on Route 13, near Onley, Virginia, Two wings and nine buildings have been added to their growing facility since 1984. Among these buildings are studios for Bill and David as well as their foundry, gallery, metal shops, wood shop, wax shop, mold room, and storage. The Turner's supervise the entire process of lost-wax bronze casting that they accomplish on site with the assistance of more than 20 skilled artisans. The 4,000+ square feet gallery displays most of the current editions as well as the two dimensional works of local and national wildlife artists. A video tape is available so that one can obtain a better understanding and appreciation of what it takes to design and produce a sculpture using the lost-wax method of bronze casting. One may also view Bill and David Turner's works at 15 galleries nationwide. ,-' June 8th 2007 I ARMADA HOFFLER I \\ I) l I I I ) I; l' , I lOUIS S Haddad PrrSldl'nl ,Hi! era I ~ I l ! l,.,: I I r, James A, Spore City Manager City Hall Building 240 I Court House Drive Suite 234. 2nd Floor Virginia Beach. V A 23456 It is with great pleasure that I write to inform you of several contributions that we at Annada Hoffler are underwriting for the collective benefit of the City of Virginia Beach. the Development Authority and the Sandler Center. These donations are intended to enhance the public facilities at Town Center and support the City's continued effort to make the project a destination for all. We do this in honor of the partnership that has been forged between ourselves and the city, Town Center continues to be an unqualified success and a source of pride for all of those involved as well as Ollr citizens. This success is due in no small way to the hard work and vision on the part of your staff, the authority and most significantly Mayor Oberndorf. Vice-Mayor Jones and the rest of City council. Therefore, on behalf of Dan Homer, I and the rest of our partners, we offer the following items which collectively exceed one million dollars: I. As previously discussed and agreed. the donation of land necessary for The Sandler Center at our cost thereby forgoing market value, This $400,000 in kind donation hopefully helped to initiate momentum for the project. .., We have been extremely impressed with the efforts of Linwood Branch, the steering committee and your enthusiastic staff in raising the required funds for the perfonning arts center. This group has created an atmosphere of pride and anticipation throughout the community, In support of their efforts we are pledging $300.000. This will be delivered in equal increments over six years. 3. In order to further the image of the plaza at Town Center as the city's central tocal point. we are commissioning world famous sculptor David Turner to create a spectacular sculpture to be placed atop the existing fountain. This will be a 12ft. sculpture of three stylized Great Blue Herons. The estimated price of this signature artwork is $285.000. 4. We believe that it is very appropriate to commemorate the signiticant parties involved in the creation of Town Center. We will engage David Turner along with Burrell Saunders to collaborate on 1he size and location of bronze recognition panels to be installed at the fountain plaza. We envision two large bronze tiles to be placed in the plaza surface. One will recognize Gerald Divaris for the vision and commi1ment so critical to the project. The other will honor the City Council that ini1ially approved of the Town Center development. Lastly. a recognition plaque will be placed on the base of the fountain pool that will recognize Armada Homer for their contribution_ The cost of these items is approximately $20.000. ~ 112 !:enlrill Park r\';er;lJe SlJlie 2100 V1rY!!Iid Eedch. VA Jj,l&? Phil n e (7 5 II H fi ;)(J 0 a f ;j 1 ! 7 5 Ii 5 7] . a 7 8 2 \'I\\\,;;lf 111;] i! a h II ff I H r C IJ I!i Mr. J. Spore June 8th 2007 Page two Once we receive appropriate design criteria for the artistic componcnts of our donation. we will rcview the plans with your designee to ensure that all parties agree on the appropriateness of the items. We are very excited about this entire endeavor and we look forward to working together with you once again, Hopefully. we can be fully complete in time for the openings of the Wes1in Hotel and the Sandler Center. Yours truly. ARMADA HOFFLER j/{' /-/ /J'.---l i/ ./ ,~'-. I Louis S, Haddad President and CEO 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $3500 FROM THE BOARD OF THE FRIENDS OF 3 THE VIRGINIA BEACH JUVENILE AND DOMESTIC 4 RELATIONS COURT TO THE POLICE 5 DEPARTMENT'S FY 2007-08 OPERATING BUDGET 6 FOR THE SUPPORT THE GANGS TASK FORCE. 7 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 10 That a donation of $3500 is hereby accepted from the Board of the Friends of the 11 Virginia Beach Juvenile and Domestic Relations Court and hereby appropriated to the 12 Police Department's FY 2007-08 Operating Budget for support of the Gangs Task Force 13 mission. This money will be used by the Virginia Beach Police Department to enhance 14 the public education efforts of the Gangs Task Force. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day 17 of nE"C'erober' 2007. APPROVED AS TO CONTENT: LEGAL SUFFICIENCY: jj~Q, CA 10589 R-1 November 16, 2007 - 21 - Item V.L1.b. ORDINANCES/RESOLUTIONS ITEM #57118 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT the following donation: b. Pole Camera Search System from Tactical Electronics Corporation re use by the Police SWAT Team and Bomb Squad Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: None Councilman Wood ABSTAINED on Item L1.b (SWAT Team and Bob Squad) as he does business with Tactical Electronics Corporation December 4, 2007 1 AN ORDINANCE TO ACCEPT A DONATION OF A 2 POLE CAMERA SEARCH SYSTEM WITH CASE AND 3 VARIOUS COMPONENTS FROM THE TACTICAL 4 ELECTRONICS CORPORATION 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a donation of a pole camera search system with case and various 9 components valued at approximately $8,500 from the Tactical Electronics Corporation is 10 hereby accepted. This equipment will be used in support of the Virginia Beach Police 11 Department's Special Operations Division. The City of Virginia Beach shall not be 12 responsible for the replacement of this equipment. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day 15 of D~r.~mhpr, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ YT/II~,J~ Police Depart CA 10588 R-1 November 20, 2007 - 22- Item v'L2. ORDINANCES/RESOLUTIONS ITEM #57118 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to MODIFY the CIP project "Stumpy Lake Golf Course Infrastructure Improvements" to include, in addition to water and sewer service, on-course improvements as well as enhancing the existing entrance road and causeway Voting: 1 1 -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 December 4, 2007 1 AN ORDINANCE TO MODIFY THE SCOPE OF CIP # 4-051, 2 "STUMPY LAKE GOLF COURSE INFRASTRUCTURE 3 IMPROVEMENTS," TO INCLUDE ON-COURSE 4 IMPROVEMENTS IN THE FY 2007-08 CAPITAL 5 IMPROVEMENT BUDGET 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That a the description and scope of CIP # 4-051, "Stumpy Lake Golf Course 9 Infrastructure Improvements," is hereby modified to include on-course improvements in the 10 FY 2007-08 Capital Improvement Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of December 2007. Approved as to Content: Approved as to Legal Sufficiency: '7~ CA 10590 R-1 November 16, 2007 fiscal Years 2006-07 through 2011-12 Capital Improvement program Project # and Title: 4-051 Stumpy Lake Golf Course Infrastructure Improvements 2,300,000 0 Description and Scope This project will fund the design and construction of new City water and sanitary sewer service to the Stumpy Lake Golf Course and clubhouse facility as well as improvements to the existing entrance road and causeway which provides the only vehicular access to the golf course. Improvements to the entrance road are planned to include widening, a new asphalt surface, bank stabilization, and the installation of new guardrail. These improvements are an integral component of the Stumpy Lake Natural Area Master Land Use and Management Plan, Year 2 FY 2007-08 1,950,000 portunities Total Programmed Costs Total Appropriations To Date Budget Year 1 FY 2006-07 350,000 Year 6 FY 2011-12 o Future Programming Requirement o Purpose and Need Since the City acquired the 18 hole Stumpy Lake Golf Course from the City of Norfolk in 2001, inspections of the property have indicated that numerous infrastructure renovations are necessary, The proposed renovations will widen the very narrow entrance road to the course making the road safer for two way vehicular traffic as well as for pedestrians and bicyclists to access the new Stumpy Lake Natural Area. The installation of City water and sewer service will provide the facility with a reliable source of water and sewer services. History and Current Status This project first appeared in the FY 2005-06 CIP. The Stumpy Lake Golf Course was acquired by the City as part of the Stumpy Lake open space land acquisition in 2001. Inspections of the 18 hole course and property have indicated that numerous infrastructure renovations are necessary. These renovations will be accomplished as funding becomes available. Per Council Reconciliation Meeting May 3, 2005, project was delayed one year/requested but not funded to free up funding for real estate tax reduction. OperatinQ BudQetary Impact Basis for Estimate Operating budget would be limited to additional utility costs and maintenance covered by the Golf Course Fund. FY 2006-07 o FY 2007-08 o FY 2008-09 o FY 2009-10 o FY 2010-11 o FY 2011-12 o !:..Nt~.<.~" ..\.m!i~::'..;:.:.. .c:::.~::.~{\I,..~,~.J::~) .' ,'" '. .,,'-'\..~ ",""..- Schedule of Activities Activity From. To 07/06-06/07 08/07 -06/09 08/07-06/09 Amount 350,000 1,720,000 230,000 2,300,000 o 2,300,000 Design Construction Contingencies Total Budgetary Cost Estimate Total Non-Programmed Costs Total Programmed Costs Means of Financing Fundinq Source Charter Bonds Total Programmed Financing Future Funding Requirements Amount 2,300,000 2,300,000 o 4.,. .....c_y VlRG1NI1BFi.;;;/ O;~~ Fiscal Year 2006-07 5.39 Cultural & Recreational Opportunities - 23 - Item V.I.3. ORDINANCES/RESOLUTIONS ITEM #57119 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to RECEIVE and ACCEPT the Green Ribbon Committee report and APPOINT the Green Ribbon Implementation Committee 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 December 4, 2007 1 A RESOLUTION TO RECEIVE AND ACCEPT THE CITY OF 2 VIRGINIA BEACH GREEN RIBBON COMMITTEE REPORT, 3 NOVEMBER 2007 AND APPOINT A GREEN RIBBON 4 IMPLEMENTATION COMMITTEE 5 6 WHEREAS, City Council appointed the Green Ribbon Committee in June 2006 to 7 make recommendations regarding water quality improvements for the City of Virginia 8 Beach; and 9 10 WHEREAS, the purpose of the Committee is to provide advice and assistance to 11 City Council in matters relating to water quality in the City's waterways, specifically, to 12 advise City Council on methods of improving water quality in the City's waterways by: 13 . Reducing the impact and extent of site impervious cover; 14 . Preserving and enhancing existing natural resources to the maximum extent 15 practicable; 16 . Integrating storm water management to maximize efficiency and effectiveness of the 17 overall system; 18 . Utilizing such other means as are effective and practicable; and 19 20 WHEREAS, the Green Ribbon Committee has spent many volunteer hours 21 developing the "City of Virginia Beach Green Ribbon Committee Report, November 2007" 22 (the Report) which includes extensive recommendations to improve water quality in Virginia 23 Beach; and 24 25 WHEREAS, the recommendations in the Report require ongoing work to format 26 regulatory and policy actions for submission to City Council in detailed recommendations; 27 and 28 29 WHEREAS, a Green Ribbon Implementation Committee is recommended to monitor 30 the progress of the Report's recommendations; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1. That City Council receives and accepts the "City of Virginia Beach Green 36 Ribbon Committee Report, November 2007," attached hereto and made a part hereof; and 37 38 2. The City Council appoints the following as members of the Green Ribbon 39 Implementation Committee for a term of one year from this date to monitor the progress of 40 the Report's recommendations. 41 42 · Citizen Members: Peter Schmidt; Karen Forget, Andrew S. Fine, R. Edward 43 Bourdon, Jr., William D. Almond, June Barret-McDaniels, Wayne McCoy, Noah 44 Hill 1 45 · City Staff Members: Karen Lasley, Charlie Hassen, Bill Johnston, Clay Bernick, 46 Phil Pullen, Meredith Ching, and Barry Frankenfield. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of December, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUW~j{d( ~ City Attorney's Office CA 10596 R-1 November 27,2007 2 - 24- Item v'I.4. ADD-ON ORDINANCES/RESOLUTIONS ITEM #57120 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution in SUPPORT of the Virginia Tuition Assistance Grant Program 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 December 4, 2007 Requested by Council member Wood A RESOLUTION IN SUPPORT OF THE VIRGINIA TUITION ASSISTANCE GRANT PROGRAM 1 WHEREAS, in 1972, the Virginia General Assembly adopted the Tuition 2 Assistance Grant (liT AG") Act to assist Virginia residents who attend accredited private 3 non-profit colleges and universities in Virginia; and 4 5 WHEREAS, approximately 20,000 Virginia residents currently receive TAGs for 6 use at Virginia's 31 accredited private non-profit colleges and universities; and 7 8 WHEREAS, the TAG program represents less than five percent of the 9 Commonwealth's total budget for higher education; and 10 11 WHEREAS, the State Council of Higher Education for Virginia ("SCHEV") 12 administers the TAG program; and 13 14 WHEREAS, in light of increasing tuition and related expenses for higher 15 education, the SCHEV has recommended an increase in TAG awards from the current 16 amount of $3,200 to $3,500 in FY09 and $3,700 in FY10, all of which are far less than 17 the average $8,100 per-student cost to the state to enroll a Virginia resident in a state- 18 supported public four-year college or university; and 19 20 WHEREAS, the average of almost $5,000 per student in savings realized by the 21 state when TAG recipients attend private colleges or universities instead of public 22 colleges or universities does not include the millions of dollars that otherwise would be 23 spent for buildings and other facilities to accommodate the 20,000 TAG recipients if they 24 instead attended state-supported colleges or universities; and 25 26 WHEREAS, the fact that private colleges and universities absorb a percentage of 27 Virginia college attendees allows state-supported schools greater flexibility in their 28 selection of students, which means they can include more out-of-state students, who 29 generally are charged 160% of in-state tuition rates, which reduces the amount of 30 financial support needed from the state; and 31 32 WHEREAS, three colleges and universities in Virginia Beach benefit from TAG, 33 with Regent University enrolling 2,640 in-state students, Hampton University enrolling 34 2,284 in-state students, and Virginia Wesleyan College enrolling 1,125 in-state 35 students; and 36 37 WHEREAS, 905 students from Virginia Beach currently are TAG recipients. 38 39 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 That the City Council supports higher education in Virginia by both public and 43 private institutions and urges the Governor and General Assembly to maintain financial 44 support for the TAG program by following SCHEV's recommendations. 45 46 47 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 48 BEACH, VIRGINIA: 49 50 That the City Clerk is hereby directed to transmit a copy of this resolution to the 51 Governor and to each member of the City's local Delegation to the General Assembly. 52 53 Adopted by the City Council of the City of Virginia Beach, Virginia, this 4th 54 day of December , 2007. APPROVED AS TO LEGAL SUFFICIENCY: . ;%?~~ City Attorney's Office CA 10598 R-2 December 3, 2007 -25 - ITEM # 57121 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 of, 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)(I) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION 6:22 P.M. 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 December 4, 2007 - 26- CERTIFICATION OF CLOSED SESSION ITEM # 57122 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies, AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: 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 December 4, 2007 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 # 57135, Page 39, and in accordance with the provisions of The Virginia Freedom of Information Act, 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. NOJ.f, 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. ~~~ R Hodges Fraser, MMC City Clerk December 4, 2007 Item V-J.1. APPOINTMENTS - 27- ITEM #57123 By CONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENTS: COMMUNITY SERVICES BOARD RESORT ADVISORY COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE: December 4, 2007 - 28- Item V-J.2. APPOINTMENTS ITEM #57124 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: James A. Wood 5-year Term 01/01/08 -12/31/12 BOARD OF ZONING APPEALS (BZA 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 December 4, 2007 - 29- Item V-J.3. APPOINTMENTS ITEM #57125 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Michael H. Levinson 3-year term 01/01/08 -12/31/10 CHESAPEAKE BAY PRESERVATION AREA 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 December 4, 2007 - 30 - Item V-JA. APPOINTMENTS ITEM #57126 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Patrick C. Devine, Jr. Patricia Ann Warner 5-year term 9/1/07 - 8/31/12 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 December 4,2007 - 31 - Item V-J.5. APPOINTMENTS ITEM #57127 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Citizen Members Peter Schmidt Karen Forget, Andrew S. Fine R. Edward Bourdon, Jr. William D. Almond JuneBa"e~McDankh Wayne McCoy Noah Hill Staff Members Karen Lasley Charlie Hassen Bill Johnston Clay Bernick Phil Pullen Meredith Ching Barry Frankenfield 1- year. term 12/4/07 -12/3/08 GREEN RIBBON IMPLEMENTATION COMMITTEE (re Water Quality) 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 December 4, 2007 - 32 - Item V-J. 6. APPOINTMENTS ITEM #57128 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Sanford M. Cohen Warren Harris Donald V. Jellig Meyera E. Oberndorf, Stephen R. Romine 1-year term 1/1/08 - 12/31/08 HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE 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 December 4, 2007 - 33 - Item V-J. 7. APPOINTMENTS ITEM #57129 City Council DEFERRED INDEFINITELY, BY CONSENSUS: HISTORIC SITES ORGANIZING COMMITTEE December 4, 2007 - 34 - Item V-J.8. APPOINTMENTS ITEM #57130 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: James R. Bergdoll 3 Yr. term 1/1/08-12/31/10 PENDLETON PROJECT MANAGEMENT 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 December 4, 2007 - 35 - Item V-J. 9. APPOINTMENTS ITEM #57131 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Barry D. Knight - At Large, Joseph E. Strange - Centerville 4-year term 1/1/08-12/31/11 APPOINTED: Philip Russo, Jr. 4-year term 1/1/08-12/31/11 PLANNING 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 December 4, 2007 - 36 - Item V-J.10. APPOINTMENTS ITEM #57132 BY CONSENSUS, RESORT AREA STRATEGIC ACTION PLAN ADVISORY COMMITTEE Will not be City Council appointment - Committee will be invited by Councilman Uhrin December 4, 2007 - 37 - Item V-J.1J. APPOINTMENTS ITEM #57133 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Glenny N. Harrington Delceno C. Miles 2 -year term 1/1/08-12/31/09 SENIOR SER VICES OF SOUTHEASTERN VIRGINIA - SEV AMP 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 December 4, 2007 - 38 - Item v-J.n. APPOINTMENTS ITEM #57134 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Michael Sawyer Unexpired thru 6/30/09 TIDEWATER REGIONAL GROUP HOME 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 December 4, 2007 - 39 - Item V-J.13. APPOINTMENTS ITEM #57135 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Elsie Barnes Ann K. Crenshaw Denise M. Howard Helen Moore 4 -year term 1/1/08-12/31/11 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC 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 December 4, 2007 - 40- Item V-M. ADJOURNMENT ITEM # 57136 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:52 P.M. ~~_i2__~1f!_~ Beverly 0. Hooks, CMC Chief Deputy City Clerk f:?-=-~~ ~~dges Fraser, MMC City Clerk 'f!l ~" ~~ -t '~~;;:r~~dorf Mayor City of Virginia Beach Virginia The Public Comment Session adjourned at 6:22 P.M. December 4, 2007 - 41 - OPEN DIALOGUE Non Agenda Items John Erb, 1805 Summerhedge Close, Phone: 416-1380, spoke re his presentation at the First Annual Interagency Autism Committee meeting which was his personal research currently before the Food and Drug Administration and the World Health Organization (a new theory on the cause of Autism). His paper was presented in June to the Virginia Beach School Board. However, the reason for his attendance is that on December 19, 2007, the City of Virginia Beach intends to place him in jail (up to a year). He provides residential services to mentally handicapped adults and does not have a business license to conduct this service. Currently, he has two (2) adults in a residential home. This home is not open to the public, only those receiving specific Medicaidfunds. The City is operating eight (8) similar homes and does not have the requirements of licensing. Mr. Erb believes his paying 'thousand of dollars in license fees is unfair and he would like the City competitors to do the same. Mr, Erb requested he be placed on the City Council Agenda for December 11,2007, to bringforward his documentation. December 4, 2007