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HomeMy WebLinkAboutMARCH 4, 2008 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Baystde - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsvtlle - 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 MANAGER -JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 4 MARCH 2008 I. CITY COUNCIL BRIEFING Conference Room A. ENHANCED TAX EXEMPTION FOR HISTORIC STRUCTURES William M. Macali, Deputy City Attorney II. CITY MANAGER'S BRIEFING A. STRIVING FOR EXCELLENCE REPORT James K. Spore, City Manager III. CITY COUNCIL LIASION REPORTS IV. REVIEW OF AGENDA V. CITY COUNCIL COMMENTS CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:30 PM , , I VI. INFORMAL SESSION - Conference Room - 4:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Rick Hocker Pastor, Freedom Fellowship 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 February 26, 2008 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I I I. RESOLUTIONS/ORDINANCES 1. Resolution to ESTABLISH a Military Economic Development Advisory Committee to explore potential economic development opportunities afforded by the presence of the Navy and various tenant commands at Oceana NAS and the Naval Amphibious Base Little Creek (requested by Vice Mayor Jones and Councilman Uhrin). 2. Resolution to SUPPORT an Adoption-Friendly Animal Control Facility (requested by Mayor Meyera E. Oberndorf). 3. Ordinance to AUTHORIZE two (2) franchise agreements for Open-Air Cafes to Ocean Beach Club Owners Association tla Tortugas Cafe in the Resort Area. 4. Ordinance to TRANSFER $202,352 from various schools projects to Newtown Elementary School Replacement Project: c. d. $154,927 $ 14,707 $ 10,653 $ 9,582 $ 8,391 $ 4,092 Landstown High School Addition Ocean Lakes High School Addition Arrowhead Elementary School Replacement Joint City/School Admin Building Hermitage Elementary School Replacement Comprehensive Modernization Study - Phase III a. b. e. f. J. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMISSION COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL MIUT ARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE THE PLANNING COUNCIL K. UNFINISHED BUSINESS I I L. NEW BUSINESS I. CITY COUNCIL SESSIONS SCHEDULE FOR 2008: a. b. July 1 July 8 November 4 November 11 November 18 November 25 December 2 December 9 December 16 December 23 December 30 c. d. e. f. g. h. 1. J. k. M. ADJOURNMENT Briefing, Informal, Formal and Planning Briefing, Informal, Formal and Planning Cancel all sessions - Election Day Cancel all sessions - City Holiday Briefing, Informal, Formal and Planning Briefing, Informal, Formal and Planning Briefing, Informal, Formal and Planning Briefing, Informal, Formal and Planning Cancel all sessions Cancel all sessions Cancel all sessions ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 8 (Workshop) April 15 (Workshop) April 17 (Public Hearing) April 22 (Workshop) April 22 (Public Hearing) April 29 (Workshop) May 6 (Reconciliation Workshop) May 13 (Adoption) Agenda 03/04/08 afb www.vbgov.com Council Conference Room Council Conference Room Green Run High School - 6 p.m. Council Conference Room Council Chamber - 6 p.m. Council Conference Room Council Conference Room Council Chamber - 6 p.m. ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** I I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 4, 2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL BRIEFING Fe ENHANCED TAX EXEMPTION FOR HISTORIC RESOURCES in the City Council Conference Room, City Hall, on Tuesday, March 4, 2008, at 2:00 P.M Council Members Present: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Rosemary Wilson and James L. Wood Council Members Absent: William R. "Bill" DeSteph [Out of the Country on Family Vacation) John E. Uhrin [Entered: 2:50 P.M) Ron A. Villanueva [Entered: 2:45 P.M) March 4, 2008 - 2 - CITY COUNCIL BRIEFING ENHANCED TAX EXEMPTION FOR HISTORIC STRUCTURES 2:30 P.M. ITEM # 57370 Council Lady Henley referenced the newspaper article concerning the City of Norfolk's discussions re creating a citizen's committee to make recommendations of methods to strengthen the City's historic preservation policies. At the very moment this was being discussed, a "wrecking ball" was at work taking down one of Norfolk's historic structures. Unfortunately, many similar structures have been removed for development in Virginia Beach for a number of years. Council Lady Henley has been discussing "preservation" since the Retreat. Periodically, the subject has been discussed over the last twenty (20) years. This proposed ordinance will accomplish the recommendations of the last analysis (in 1999) (Study of Financial Incentives for Historic Preservation) i.e. amending the tax exemption ordinance to make rehabilitation of historic structures easier and take full advantage of all benefits allowed by the State. The existing Virginia Beach program was considered one of the weakest available. Council Lady Henley requested Catheryn Whitesell, Director of Management Services, to review the budgetary impact. To this point, no one has taken advantage of the program. The last inventory of historic properties was accomplished in 1994 and this concept needs to be updated Volunteers can perform this endeavor just to confirm the properties are still in existence. On November 23, 1999, City Council ADOPTED: Ordinances to AMEND the City Code re historic preservation: a. Article IV, Chapter 8, ADDING Section 8-91, to establish the Virginia Beach Historical Register, settingforth standards and procedures b. Section 35-80.1 re partial exemption from real estate taxation for historically significant rehabilitated structures Deputy City Attorney Macali distributed a DRAFT: Ordinance to AMEND City Code Section 35-80.1 pertaining to Real Estate Tax Exemptions and Tax Credits for Rehabilitation of historically significant structures Under the current ordinance, a partial real estate tax exemption is available under the following circumstances: Structure is "historically significant" (i.e., listed on the Virginia Beach Historical Register) · Structure is at least 50 years old . Historical Review Board determines, in writing, that the proposed project will not diminish the historical significance of the structure . Rehabilitation increases building assessment by at least twenty (20%) (residential) · Costs of rehab must be at least twenty-five (25%) of assessed value of structure prior to work (commercial/industrial) March 4, 2008 - 3 - CITY COUNCIL BRIEFING ENHANCED TAX EXEMPTION FOR HISTORIC STRUCTURES ITEM # 57370 (Continued) If all conditions are met, the owner is entitled to a partial real estate tax exemption equal to: Residential: an amount equal to the initial increase in the assessed value of the structure as a result of the rehabilitation · Example: if assessed value of structure before rehab is $100,000 and $150,000 after rehab, tax exemption = $50,000 · Tax savings would be $445/yr. under current tax rate ($0.89 per $100 of assessed value) Exemption is for fifteen (15) years and stays the same irrespective of any increase in assessed value after the first year Commercial/Industrial: an amount equal to 50% of the qualified costs of rehabilitation, not to exceed the assessed value of the structure · Example: if cost of rehab is $150,000, exemption isfor $75,000, so long as the assessed value of the structure is at least $75,000 Exemption is for five (5) years and remains the same irrespective of any increase in assessed value The procedure under the current ordinance requires, among other things, that the property owner must file an application with the Real Estate Assessor and Historical Review Board. The Board has sixty (60) days to determine whether the proposed rehab project will restore or maintain the historical significance of the structure. After a rehab project is complete, the Board must inspect the project and the Assessor must reassess it; both must be done within 60 days after the owner notifies the Assessor that the work is complete. Exemption takes effect July First of the year following the completion of rehab project According to the City Assessor's Office, since the ordinance was adopted, there have been no applications for a tax exemption. Proposed Ordinance At the request of Council Lady Henley, a draft ordinance has been prepared and circulated to City Council Members. The remainder of this presentation concerns the provisions of the proposed ordinance and how they differ from the current ordinance March 4, 2008 - 4 - CITY COUNCIL BRIEFING ENHANCED TAX EXEMPTION FOR HISTORIC STRUCTURES ITEM # 57370 (Continued) The proposed ordinance does two main things: 1. Streamlines the application process; and 2. Expands the tax incentives to the extent allowed by State law It also makes a number of amendments of a more or less technical nature Proposed Changes - Residential Current Ordinance Proposed Ordinance Exemption isfor the amount of the initial Exemption is for the initial increase in Assessed increase in assessed value Value QJ:. 50% of qualifying costs, whichever is J!reater Rehab must increase assessed value of structure Deletes requirement (no minimum increase in at least 20% Assessed Value required) Proposed Changes - Commercial/Industrial Current Ordinance Exemption is for an amount = 50% of qualified costs of rehab Pro osed Ordinance Exemption isfor 50% of qualifying costs QJ:. the initial increase in A. v., whichever is greater Pro CURRENT Historic Review Board reviews appraisals "Rehabilitate" means "restore to former state" Must be on City Historical Register Qualified costs" limitation only applies to commercial/industrial structures Review time = 60 da s March 4, 2008 , I I - 5 - CITY COUNCIL BRIEFING ENHANCED TAX EXEMPTION FOR HISTORIC STRUCTURES ITEM # 57370 (Continued) Proposed Changes - Other Adds exemption for historically significant hotels or motels: Exemption is for 90% of assessed value of structure after rehab, not to exceed the increase in assessed value resulting from rehab Exemption is for twenty-five (25) years Adds tax credit for historically significant residential structures. If owner rehabilitates a structure, he can also get tax credit (in limited circumstances): Structure must have a tax lien at the time ofpurchase that is 50% of the assessed value of the property Tax credit is for the total amount of the tax liens, not to exceed the amount by which the liens exceed fifty (50%) of assessed value at the time of purchase Example - owner buys property for $100,000 and assessed value is $80,000. There is $43,000 in tax liens on it. Tax credit = $3,000 and may be taken over a period of up to 10 years Council Lady Wilson referenced concern re the dedicated efforts of the Historic Sites Organizing Committee. On September 12, 2006, City Council ADOPTED: Resolution to ESTABLISH the Historic Sites Organizing Committee re the creation and formation of a Foundation to assist in the support of City-owned "historic sites. " This organizing committee was to provide guidance to the City Council regarding a proposal to create a board and/or a foundation to assist and advise the City in its historic preservation efforts and to advise support and guide the Department of Museums in the efficient administration, coordination and planning of its historic properties. Last April, this Committee had fulfilled its duties concerning the formation of the Foundation. Since then, they have been working re historic preservation. Council Members Wilson and McClanan, Liaisons, met with the Committee yesterday, March 3, 2008, and the Committee wishes one (1) more meeting to finalize details and bringforward their recommendations to City Council. Council Lady McClanan advised Dr. Clarence Holland and Owen Pickett were in attendance at the Committee Meeting on March 3, 2008, to provide suggestions. Council Lady McClanan concurred with Council Lady Wilson concerning the Committee's dedication. This Committee is composed of very knowledgeable members. Council Lady Henley advised this Committee was supposed to provide a report the first week in November and then January. This report was deferred again. Historical properties continue to be lost as the discussion continues. Council Lady Henley has met with this Committee twice and expressed her concerns. Council Lady Henley does not believe there would be sufficient funds to hire an individual to oversee this Committee or fund the preservation program. March 4, 2008 - 6 - CITY COUNCIL BRIEFING ENHANCED TAX EXEMPTION FOR HISTORIC STRUCTURES ITEM # 57370 (Continued) Mark Reed, Historic Resources Coordinator, advised the Historic Sites Organizing Committee would meet on March 10, 2008, to finalize the recommendations and they will report to City Council on March 25, 2008. Mayor Oberndorf suggested the report be received and then the City should conduct "quick" Round Tables to allow the citizenry to be heard. The Ordinance to AMEND City Code Section 35-80.1 pertaining to Real Estate Tax Exemptions and Tax Credits for Rehabilitation of historically significant structures, shall be provided to Historic Sites Organizing Committee and their report shall be SCHEDULED for the City Council Session of March 25,2008. The Historic Sites Organizing Committee shall provide their report on March 25, 2008, and include their comments concerning this Ordinance. March 4, 2008 , I I - 7 - C IT Y MANA G E R 'S B R IE FIN G STRIVING FOR EXCELLENCE REPORT 3:40 P.M. ITEM # 57371 The City Manager presented the City's Striving for Excellence Report for 2007, which was earlier distributed to City Council. The mission of the Virginia Beach City government is to enhance the economic, educational, social and physical quality of the community; and, to provide municipal services valued by its citizens. City Council has outlined its vision for our community. To achieve this "Community for a Lifetime" vision, the City Council established the seven strategic business areas and identified annual goals for the organization. The Striving for Excellence report illustrates the nature and value of the organization's efforts to continually improve the City's processes, meet the challenges of the future and increase our capacity to deliver quality services. It is a preview of our annual accomplishments and reflects part of the legacy of our quality government organization. Through the Striving for Excellence, the City communicates successful activities to the community and the organization so that best practices can be replicated and expanded. Initiatives, both large and small, are included in the Striving for Excellence report. Quality and Productivity Initiatives Quality and Productivity initiatives demonstrate staff efforts to: improve processes · meet future challenges · achieve savings · avoid costs · increase capacity 2007 Recognition *Utilization of Digital Technology - Digital Cities Survey Project of the Year - Convention Center Outstanding Achievement in Local Government Innovation - Public Voices on Redevelopment Efforts to End Homelessness - Regional Cooperation *The City was selected the "best in this category" throughout the entire United States 2007 Financial Results Costs Savings Achieved $ 5,788,014 Costs A voided $ 2,978,696 New Revenue Generated $ 2,722,580 New Grants Received $ 7,787,177 *New Funds Raised $26,632,900 New Funds Raised in the amount of $26, 632,900 is largely due to the efforts of the Petforming Arts Foundation and the Virginia Aquarium Board of Directors in terms of fund raising efforts for the Aquarium improvements and the Sandler Center. This amount is a tremendous increase over the previous year. March 4, 2008 , I I - 8 - C IT Y MANA G E R 'S B R IE FIN G STRIVING FOR EXCELLENCE REPORT ITEM # 57371 (Continued) Cost Savings Golf Division Reorganization $230,000 Merged SCADA System in Public Utilities $ 75,000 Redesigned Pump Station Prototype $300,000 Asphalt Recycling $650,000 Cost A voided In-house design of Parks Renovations $125,000 Concrete Recycling $385,000 Scout's Partnership $ 72,200 Youth Programs to Non-Profits $ 26,566 A partnership was created with thirteen (13) Boy Scouts working on their Eagle Scout projects. With the Department of Parks and Recreation, the Scouts developed a series of thirteen (J 3) park improvements installed at no expense to the tax payers i. e building trails, replacing fences. These Scouts solicited over two hundred twenty (220) volunteers to work on these projects. Donations were raised for the materials; therefore, a cost avoidance of $72,200 was realized. New Revenue Generated Pendleton Child Services Center $231,000 DUI Cost Recovery $ 28,363 Bookmark Cafe $ 4,489 Library Materials Collection $ 35,000 New Grants Smart Beginnings $ 50,000 Station Alert System $300,000 EMS Training Equipment $ 91,732 Virginia Aquarium (10) $450,000 March 4, 2008 I, I - 9 - C IT Y MANA G E R 'S B R IE FIN G STRIVING FOR EXCELLENCE REPORT ITEM # 57371 (Continued) New Funds RaisedJDonations Performing Arts Foundation . Sandler Center $ 15 + MILLION HotellMotel Association . Oceanfront Playgrounds $ 30,000 EMS 120 donated Glucometers $100,000 Cash, materials, items to Senior Resources Center in Creeds $ 3,800 The overall impact of the initiatives completed in 2007 is summarized in the Bottom Line. The combined efforts of departments and teams resulted in a significant $5.7-MILLION savings and improved services to our customers. In 2007, there were 21,553 Volunteers, equating to 1.2-MILLION hours donated to the City at a value of$14.9-MILLION. March 4, 2008 " I - 10- ITEM # 57372 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 Performance of Council Appointees LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Galloway v. Matos Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:03 P.M. Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph Out of Country onfamily vacation (Closed Session: 4:03 P.M. - 5:35 P.M.) (Dinner: 5:38 P.M. - 6:00 P.M.) March 4, 2008 - 11 - ITEM # 57373 After the CLOSED SESSION, Mayor Meyera E. Oberndorf RECONVENED the REVIEW OF THE AGENDA in the City Council Conference Room, City Hall, on Tuesday, March 4,2008, at 5:35 P.M Council Members Present: 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: William R. "Bill" DeSteph March 4, 2008 - 12 - AGE N DA REV IE W S E S S ION 5:35 P.M ITEM # 57374 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: L RESOLUTIONS/ORDINANCES 1. Resolution to ESTABLISH a Military Economic Development Advisory Committee to explore potential economic development opportunities afforded by the presence of the Navy and various tenant commands at Oceana NAS and the Naval Amphibious Base Little Creek (requested by Vice Mayor Jones and Councilman Uhrin). 3. Ordinance to AUTHORIZE two (2) franchise agreements for Open-Air Cafes to Ocean Beach Club Owners Association t/a Tortugas Cafe in the Resort Area. 4. Ordinance to TRANSFER $202,352 from various School projects to Newtown Elementary School Replacement Project: a. b. $154,927 $ 14,707 $ 10,653 $ 9,582 $ 8,391 $ 4,092 Landstown High School Addition Ocean Lakes High School Addition Arrowhead Elementary School Replacement Joint City/School Admin Building Hermitage Elementary School Replacement Comprehensive Modernization Study - Phase 111 c. d. e. f Item 1 shall be ADOPTED, BY CONSENT, AS REVISED. *Membershiv consists of eighteen (18) members and seventeen (17) shall be Retired Senior Officers or Retired Senior Enlisted Personnel. March 4, 2008 - 13 - FORMALSESSION VIRGINIA BEACH CITY COUNCIL March 4, 2008 6:00 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, March 4, 2008, at 6:00 P.M Council Members Present: 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: William R. "Bill" DeSteph [Out of the Country on Family Vacation) INVOCATION: Reverend Rick Hocker Pastor, Freedom Fellowship 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 1 0, 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. March 4, 2008 - 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. March 4, 2008 - 15 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57375 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: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph March 4, 2008 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 #57372, Page 10, 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. NOW; 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. March 4,2008 - 16 - Item V-F.] ITEM # 57376 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of February 26, 2008, Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph March 4, 2008 Item V-G.J. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: " , I - 17 - ITEM # 57377 AGENDA FOR THE FORMAL SESSION March 4, 2008 - 18 - Item V-G.2. MAYOR'S PRESENTATION ITEM 57378 Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their "Communications Merit Badge for Eagle Rank. The Project for Eagle is "Adopt A Soldier". Troop 504 Newcastle Elementary School Benjamin Sparks, Jr. Cameron Sparks Danette Sparks Committee Member Mayor Oberndorf presented the Scouts City Seal pins March 4, 2008 i I I - 19 - Item V-I. RESOLUTIONS/ ORDINANCES ITEM # 57379 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances/Resolution 1 (AS AMENDED), 3, 4a1b/c/d/e/f of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph March 4, 2008 I, I - 20- Item V-I.I. RESOLUTIONS/ORDINANCES ITEM # 57380 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS REVISED*: Resolution to ESTABLISH a Military Economic Development Advisory Committee to explore potential economic development opportunities afforded by the presence of the Navy and various tenant commands at Oceana NAS and the Naval Amphibious Base Little Creek (requested by Vice Mayor Jones and Councilman Uhrin) *Membershiv consists of eiJ!hteen (18) members and seventeen (17) shall be Retired Senior Officers or Retired Senior Enlisted Personnel. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph March 4, 2008 , , I REQUESTED BY VICE-MAYOR LOUIS R. JONES AND COUNCILMEMBER JOHN E. UHRIN 1 A RESOLUTION ESTABLISHING THE MILITARY 2 ECONOMIC DEVELOPMENT ADVISORY 3 COMMITTEE AND PROVIDING FOR ITS 4 MEMBERSHIP AND DUTIES 5 6 WHEREAS, the City of Virginia Beach is the home of Naval Air Station Oceana 7 ("Oceana") and Naval Amphibious Base Little Creek ("Little Creek"); and 8 9 WHEREAS, the military personnel stationed at Oceana and Little Creek are not 10 only an exceptional resource to the Navy while on active duty status, but also constitute 11 a valuable source of well-trained and highly-motivated employees for businesses in the 12 City; and 13 14 WHEREAS, the presence of the various commands located at Oceana and Little 15 Creek present substantial economic development opportunities for defense-related 16 contractors and businesses in the City; and 17 18 WHEREAS, it is the sense of the City Council that, by establishing a committee 19 to enhance the coordination between the City and the Navy and its tenant commands, 20 both the Navy and the City would realize significant economic benefits; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 1. The Military Economic Development Advisory Committee (the 26 "Committee") is hereby established. 27 28 2. The purpose of the Committee is to work cooperatively with the 29 Department of Economic Development to: 30 31 (a) Support and strengthen City-Navy relations with the commanding 32 officers and tenant commands at Naval Amphibious Base Little 33 Creek and Naval Air Station Oceana, including Fleet Combat 34 Training Center Dam Neck; 35 36 (b) Identify for the City economic development opportunities with the 37 various Navy commands that engage defense contractors in 38 support of their mission, including working with the Navy to assist 39 private contractors in locating to and conducting business in 40 Virginia Beach; 41 I, I 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 (c) As coordinated by the Department of Economic Development with input from other regional workforce activities, and with the support of the Navy, seek to identify those service members who are separating from the Navy and who may be candidates for employment with businesses in Virginia Beach or other areas within Hampton Roads; and (d) Through regular liaison and communications, provide information to the Department of Economic Development and the City Manager's Office concerning military issues that may be addressed by the City to assist the various commands to carry out their respective missions. 3. The Committee shall consist of eighteen (18) members, all of whom shall be residents of the City of Virginia Beach. Seventeen (17) members shall be retired senior officers or retired senior enlisted personnel or qualified civilians having experience in the military warfare areas represented by the various commands located in Virginia Beach, and one (1) member shall be a member of the Virginia Beach Development Authority. The Chair of the Committee shall be a retired flag officer or general officer and shall serve for such term as the Committee may determine. 4. Members shall be appointed for a term of five (5) years, and shall be eligible to serve a total of three (3) consecutive terms. 5. The City Attorney's Office shall provide all necessary legal assistance to the Committee, and the Department of Economic Development shall provide such other staff assistance as is necessary. 6. The Committee shall report to the City Council on its activities and efforts to achieve the aforesaid objectives at least annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 th day ,2008. of Marcl. APPROVED AS TO LEGAL SUFFICIENCY: ;;:e~ City Attorney's Office ~ CA 10645 R-4 March 4, 2008 - 21 - Item V-L2. RESOLUTIONS/ORDINANCES ITEM # 57381 The following spoke in SUPPORT: Leigh Penner, 1624 Dey Cove Drive, Phone: 333-5012, President - Friends of Animal Control Sharon Adams, Director - Virginia Beach SPCA (Society for the Prevention of Cruelty to Animals), endorses this Resolution. Mrs. Adams referenced a series of conversations with the Police Department and the Animal Control Bureau over a number of months concerning operational issues. The SPCA has requested time on City Council's Agenda in May. Christine Korkalo, 1412 Ashley Drive, Phone: 481-0851, represented Animal Rescue of Tidewater Debra Griggs, 111 South Arden Circle, Norfolk, Virginia, represented Animal Welfare Coalition of Hampton Roads Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS REVISED*: Resolution to SUPPORT an Adoption-Friendly Animal Control Facility (requested by Mayor Meyera E. Oberndorj). *That the City Manager shall examine the practices and policies of the above identified localities, conduct a public forum to receive comments and suggestions from the public and return to City Council within sixty days ninety days with findings and recommendations for transforming the City's animal control facility into an adoption- friendly animal care and control facility. Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph March 4, 2008 Requested by Mayor Oberndorf 1 A RESOLUTION IN SUPPORT OF AN ADOPTION- 2 FRIENDLY ANIMAL CARE AND CONTROL FACILITY 3 4 WHEREAS, companion animals bring comfort and happiness to their owners; 5 6 WHEREAS, overpopulation has resulted in homeless pets throughout the 7 country; 8 9 WHEREAS, local governments in Richmond; Charlottesville; Albuquerque, New 10 Mexico; San Francisco; and Tompkins County, New York have been remarkably 11 successful in transitioning their animal control facilities to adoption-friendly animal care 12 and control facilities; 13 14 WHERAS, vaccination of animals in adoption-friendly facilities helps stop the 15 spread of disease and thus not only serves as vital preventive care for individual pets 16 but also enhances the health and safety of the community at large; and 17 18 WHEREAS, City Council seeks to transform the City's animal control facility into 19 an adoption-friendly animal care and control facility that would benefit our citizens and 20 be a source of great pride for our community. 21 22 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager shall examine the practices and policies of the above- 26 identified localities, conduct a public forum to receive comments and suggestions from 27 the public, and return to City Council within ninety days with findings and 28 recommendations for transforming the City's animal control facility into an adoption- 29 friendly animal care and control facility. In order to enable City Council to make 30 informed decisions about the best approaches to achieving this goal, the City Manager 31 shall identify the costs associated with each recommendation, and he shall consider 32 increasing opportunities for volunteer services. 33 34 Adopted by the City Council of the City of Virginia Beach, Virginia, this 4 th 35 day of March , 2008. APPROVED AS TO LEGAL SUFFICIENCY: Z~~ City Attorney's Office CA 10642 R-3 March 4, 2008 I I I i - 22- Item V-I.3. RESOLUTIONS/ORDINANCES ITEM # 57382 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE two (2) franchise agreements for Open-Air Cafes to Ocean Beach Club Owners Association t/a Tortugas Cafe in the Resort Area. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph March 4, 2008 I, II 1 AN ORDINANCE GRANTING TWO 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA TO OCEAN 4 BEACH CLUB OWNERS ASSOCIATION 5 6 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 7 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 8 from time to time, for the operation of open air cafes on public property; and 9 10 WHEREAS, the City has developed a franchise agreement for the regulation of 11 open air cafes, which the above-listed grantee will be required to execute a condition of 12 the grant; and 13 14 WHEREAS, the City Council has traditionally granted initial franchises for one- 15 year terms; and 16 1 7 WHEREAS, if an open air cafe is successfully operated during the initial one-year 18 term, the franchisee may return to Council upon the expiration of the one-year term and 19 request a five-year franchise agreement; and 20 21 WHEREAS, Ocean Beach Club Owners Association, also known as Tortugas 22 Cafe, is seeking two one-year franchise agreements for a Boardwalk cafe and a 23 Connector Park cafe, respectively, both located at 3400 Atlantic Avenue; and 24 25 WHEREAS, the Virginia Beach Convention and Visitors Bureau has reviewed the 26 applications and determined that the proposed cafes will have no detrimental effect on 27 the public health, safety, welfare, or interest, and will enhance the festive atmosphere of /. 8 the Resort Area; and 29 30 WHEREAS, the Convention and Visitors Bureau recommends that Ocean Beach 31 Club Owners Association be granted two one-year franchise agreements. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH: 35 36 That the City Council hereby grants two one-year franchise agreements to Ocean 37 Beach Club Owners Association for the operation of two open air cafes in the resort 38 area, subject to the terms and conditions of all ordinance, resolutions, and regulations 39 applicable to open air cafes. 40 41 Adopted by the City Council of Virginia Beach, Virginia on this <lth day of 42 March, 2008. Approved as to Content: Approved as to Legal Sufficiency: ~r Convention and Visitors Bureau A. IL,,~ SA- City Attornel Office CA-10644 R-1 February 22,2008 I I - 23 - Item V-L4.a/b/c1d/e/f. RESOLUTIONS/ORDINANCES ITEM # 57383 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to TRANSFER $202,352from various School projects to Newtown Elementary School Replacement Project: c. d. $154,927 $ 14,707 $ 10,653 $ 9,582 $ 8,391 $ 4,092 Landstown High School Addition Ocean Lakes High School Addition Arrowhead Elementary School Replacement Joint City/School Admin Building Hermitage Elementary School Replacement Comprehensive Modernization Study - Phase III a. b e. f. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph March 4, 2008 I I 1 AN ORDINANCE TO TRANSFER $202,352 FROM 2 VARIOUS SCHOOLS CIP PROJECTS TO CIP#1-018, 3 NEWTOWN ELEMENTARY SCHOOL REPLACEMENT 4 5 6 WHEREAS, the School Board has several completed CIP projects with remaining 7 balances; and 8 9 WHEREAS, CIP# 1-018, Newtown Elementary School Replacement, costs have 10 increased due to unforeseen utility conflicts. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That $202,352 is hereby transferred to CIP# 1-018, Newtown Elementary School 16 Replacement, from the following projects: 17 18 1. $154,927 from CIP# 1-017, Landstown High School Addition 19 2. $14,707 from CIP# 1-020, Ocean Lakes High School Addition 20 3. $4,092 from CIP# 1-072, Comprehensive Modernization Study 21 4. $9,582 from CIP# 1-101, Joint City/School Administration Building 22 5. $8,391 from CIP# 1-225, Hermitage Elementary School Replacement 23 6. $10,653 from CIP# 1-226, Arrowhead Elementary School Replacement 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of 26 March, 2008. 27 28 Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: Approved As To Legal Sufficiency: B CA 10643 R-1 February 21, 2008 I I, ~RGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE MEMORANDUM TO: FROM: Mr. James K. Spore, City Manager Mrs. Ruth Hodges Fraser, City Clerk Dianne P. Alexander, Secretary/Clerk of the Board ~ School Board Services SUBJECT: SCHOOL BOARD RESOLUTION DATE: February 20, 2008 Please find attached certified copies of the RESOLUTION REGARDING CAPITAL IMPROVEMENT PROGRAM TRANSFER OF FUNDS unanimously approved and adopted by the School Board of the City of Virginia Beach February 19, 2008. The Clerk of the School Board is directed to deliver copies to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Feel free to contact me at 263-1016 if I can be of further assistance. Attachment cc: Mr. Farrell E. Hanzaker, Chief Financial Officer Mr. Anthony L. Arnold, P.E., Director, Facilities Planning and Construction School Administration Building' 2512 George Mason Drive. P.O. Box 6038' Virginia Beach, VA 23456-0038 www.vbschools.com SCHOOL BOARD Dlnl.1 0, Edward. Chllnnln District 1 - Centerville 1513 Beacrwlew Drive VA Beach, VA 23464 495-3551 (h). 717-0259 (c) RitJ Sweet Sellitto Vice Chairman At-Large P D. Box 6448 VA Beach, VA 23456 418-0960 (c) Todd C. David.on At-Large 2424 Savannah Trail VA Beach. VA 23456 427-3330 (w) . 285-9409 (c) Emml L. "Em" Dlvl. District 5. Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 Ih) Patricia G. Edmon.on District 6 - Beach 401.205 Harbour Point VA Beach, VA 23451 675.0137 (c) Edwlrd F. Fillinger, Sr. At.Large 412 Becton Place VA Beach, VA 23452 486-4567 (h) Din R, Low. Disttict 4 . BaYSlde 4617 Red Coat Road VA Beach, VA 23455 490-3681 (h) Lyndon S. R.mla. Distnct 7 - Princess Anne 3225 Nansemond Loop VA Beach, VA 23456 630.6102Ic) Sandra Smith.Jon.. D'stnct 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Michael W. Stewart Dlsltict 3 . Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) . 445-4637 (w) Carolyn D. Weem. AI. Large 1420 Claud'a Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT Jlme. G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263.1007 +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE CAPITAL IMPROVEMENT PROGRAM TRANSFER OF FUNDS WHEREAS, a contract was awarded in June, 2006 for the Replacement of Newtown Elementary School; and WHEREAS, the project is currently approximately ninety-five percent complete; and WHEREAS, as a result of the unforeseen utility conflicts associated with the construction of Learning Circle, the cost of the site work cost for this facility exceeds original estimates; and WHEREAS, staff has been more diligent in closing out completed projects; and WHEREAS, unencumbered funds are available in several completed capital projects; NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the School Board requests that City Council approve transfers as follows: From Amount To CIP 1-017 CIP 1-018 Landstown Hi h School Addition $154,926.88 Newtown Elementa CIP 1-020 CIP 1-018 Ocean Lakes Hi h School Addition 14,706.97 Newtown Elementa CIP 1-072 CIP 1-018 Com rehensive Mod Stud - Phase III 4,092.61 Newtown Elementa CIP1-101 CIP1-018 Joint Ci ISchool Admin Buildin 9,581.78 Newtown Elementa CIP 1-225 CIP 1-018 Hermita e Elementa 8,390.65 Newtown Elementa CIP 1-226 CIP 1-018 Arrowhead Elementa 10,652.90 Newtown Elementa Total $202,351.79 2. That a copy of this resolution be delivered promptly to each member of City Council, the City Manager, and the City Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach, Virginia on the 19th day of February, 2008 ~. '?~~~~ SEA L ~dwardS, Chairman y Attest: ~~ f. cu.w~ Dianne P. Alexander, Clerk of the Board School Administration Building · 2512 George Mason Drive . P.O. Box 6038 . Virginia Beach, VA 23456-0038 www.vbschools.com - 24- Item V-Jl. APPOINTMENTS ITEM #57384 BY CONSENSUS, City Council RESCHEDULED the/ollowing APPOINTMENT: BIKEWAYS and TRAILS ADVISORY COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL APPOINTMENTS WERE MOVED FORWARD PRIOR TO ITEM L2 (Resolution re Adoption- Friendly Animal Control Facility) Item V-J 2. March 4, 2008 - 25 - Item V-J.2. APPOINTMENTS ITEM #57385 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Sharon Slipow (Family Member) Brian Baldwin (Consumer) Three year term January 1, 2008 through December 31,2010 COMMUNITY SERVICES BOARD Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph March 4, 2008 - 26- Item V-J3. APPOINTMENTS ITEM #57386 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Edward N. Deguia Vicky G. Gray Susan D. Hellstrom Dr. Christopher Hooper Linda L. Lilley Mary Redd Nelson Leonard A. Troxell, Jr Three year term April}, 2008 through March 3}, 2011 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph March 4, 2008 - 27- Item V-J. 4. APPOINTMENTS ITEM #57387 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Admiral Ed Clexton Adalberto M Diaz Admiral Joseph S. Donnell Admiral Richard Dunleavy Rear Admiral William J. Ecker Admiral Mark Gemmill Joseph Gianascoli Luke Hillier Admiral Fred R. Metz Admiral Phillip R. Olson Lieutenant Colonel John A. Panneton Daniel R. Walters Roger N. Whiteway Five year term 03/31/08 - 02/28/13 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph March 4, 2008 - 28 - Item V-J 5. APPOINTMENTS ITEM #57388 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Council Lady Rosemary Wilson One year term April 1, 2008 through March 31, 2009 THE PLANNING COUNCIL Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph March 4, 2008 - 29- Item V-M. ADJOURNMENT ITEM # 57389 I' Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:32 P.M. ~___t2:_L~~/W Beverly 0. Hooks, CMC Chief Deputy City Clerk ---------,~------ uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia The Public Comment Session adjourned at 7:18 P.M. March 4, 2008 - 30 - OPEN DIALOGUE Non Agenda Items Phillip and Audrey Ward, 26011ndian River Road, Phone: 635-2058, expressed great concern re the recent assessment of their home under construction. They moved into their home on December 20, 2007, but still landscaping and unfinished plumbing needs to be completed. The Ward's did not understand how the assessment value ($3,375,000) was determined. The home was built at a cost of $1,400,000 and totals 14,700 square feet. Funds are still in reserve for completions. Jerald Banagan, Real Estate Assessor, advised Mr. Ward requested afield visit to his home in April. The staffwill try to resolve this concern at that time. A 12,000 square foot home in Indian River Plantation sold for $4.6-MILLION The following spoke in OPPOSITION to the proposed location of a dredge spoils transfer site adjacent to the Lynnhaven Boat Launch: Travis Beach, 995 Levy Road, Phone: 450-9480, represented (VCAN) Virginia Coastal Access Now. In 2007, there were almost 21,000 users of this boat ramp, with an estimated 10,000 plus who utilize this parking lot. Steve Papadopolous, 3584 East Stratford Road, Phone: 567-5212, owner of Jimmy's Pizza since 1981, adjacent to the dredge site Kirstie Cowan, 3612 East Stratford Road, Phone: (808) 277-4934, one of the residents directly affected, moved recently from Hawaii and chose this area because it is special. Through an FOIA, she received information that Saw Pen Point could definitely have been a site Chad Hoover, President - Tidewater Kayak Anglers Association, 8461 Quincy Street, Norfolk, Phone: 384-2232. The Association is a move towards a less environmentally impact means offishing. Silt from this dredging will completely stilt the growth of shrimp, sea grasses and crabs. These shallow estuaries are unbelievable economic engines, attracting residents from seventeen (17) states. Victoria Shuler, 2448 Rose Hall Drive, Phone: 481-5371, almost seventeen years old. Ms. Shuler requested City Council save the environment and read correspondence from citizens who are opposed. Bob Pritchard, 3608 East Stratford Road, Phone: 464-6268, twenty-seven year career in the Army and returned to Virginia Beach to reestablish his family's lives. Their property on Stratford Road is probably one of the most impacted by this proposal. Mr. Pritchard requested City Council consider an option that does not impact a residential area Captain Lee Shuler, 2448 Rose Hall Drive, Phone: 481-5371, Charter Boat Captainfor the past ten (10) years, and President - Trantwood Lake Corporation. As a holder of a Master Captain's License, she utilizes the Lynnhaven Inlet and wishes to concentrate on boating and navigation safety with regards to this proposed site. $32,000 in revenue is derivedfrom parking and boat launching in this area. Approximately eighty-seven (87) vehicles per day every day of the year utilize this boat ramp. Captain Shuler wished this proposal be viewed in the same careful manner and that the City examine all the issues just as they did NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. (heard by the City Council on February 26, 2008.) March 4, 2008 I, I - 31 - OPEN DIALOGUE Non Agenda Items The following spoke as a group, representing the Virginia Beach Tobacco Free Coalition: Patricia Blackshaw, 4721 Andrew Jackson Lane, Phone: 214-4746, Youth Member Peter Chou, 5349 Basilica Circle, Phone: 288-8998 Jessica Yon, 3608 Farmwood Court, Phone; 471-3417 Debbie Kade, 2125 West Admiral Drive, Phone: 385-0820, distributed the brochures to City Council "Proud To Be Smoke-Free - Your Virginia Beach Area Guide to Smoke-Free Dining". These Brochures are now being distributed to Community Libraries, Virginia Beach Restaurant Association, Recreation and Visitor Centers, and Medical Facilities. There are 563 smoke free restaurants in the City. Carl Wright, 1144 Mondrian Loop, Phone; 235-5596, represented the Area II NAACP, consisting of Norfolk, Portsmouth, Virginia Beach, Suffolk, Isle of Wight and surrounding areas. Mr. Wright spoke re the necessity for the Baker Recreation Center, which has been proposed for more than thirty (3) years but now is in the Capital Improvement Program six (6) years hence. Mr. Wright understands that at present time, funding is not available. March 4, 2008