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JANUARY 5, 1993 MINUTES l ITY COC"JCIL Cit~r- e>f' Virgi~iEl I3eé3ch "WORLD'S LARGEST RESORT CITY" \14 \ OR \iE'r ERA E OBERNDORF At L..rge \ 1C E \14 tOR WILLI4,M D SESSOMS JR At Largt lOll', 4 B4U\1 BlacklL'atn Borough Ll \ \\ ()()/) 0 BR.4,\iCH 1Il VirginIa Be", h Borou~h 1\..\11:<; \.\' BR.\ZlER JR Lvnnhavtn &rough ¡<OBI RT \\ CLrBUR.\; KempslIlIe Borough ¡WBERT K DEA!\ Pnnce" Anne Borough r O( IS R JO\'ES Ba\<Ide Borough P \1 'I J L~NTEIG"iE Pungo Borough ,OH\ /) \10S'> -\/ Large \ 4 \( \ k PARKER At Large J 4 \/ E~ J\ SPORt. C,t\ Manager II ~Ll[ L LlLLE\ C,t\ Attorn", M 1 If fjIJDc,Lc., S\llTH CMC A4E L,t\ Clerk CITY COUNCIL AGENDA 281 CITY HAU BUILDI"iG MUNICIP4L CENTER VIRGINIA BEACH VIRGINIA 234569005 18041 42ì 4303 JANUARY 5, 1993 I. CITY COUNCIL WORKSHOP 9:00 AM A. II. A. III. - Council Chamber - WATER CONSERVATION PROGRAM Clarence C. Warnstaff, Director, Public Utilities B. FY 1993-1994 BUDGET REVENUE SUGGESTIONS REQUIRING STATE LEGISLATION E. Dean Block, Director, Management and Budget C. INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) Ralph A. Smith, Director, Public Works Dale Castel/ow, Transportation Planning Coordinator D. PENDING ITEMS UPDATE E. FUTURE WORKSHOP AGENDA INFORMAL SESSION - Council Chamber - 12:00 NOON CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION D. CERTIFICATION OF EXECUTIVE SESSION CITY MANAGERIS BRIEFING - Council Chamber - 1:00PM A. SCHOOL REVENUE SHARING POLICY FORMULA E. Dean Block, Director, Management and Budget IV. FORMAL SESSION 2:00 PM A. - Council Chamber - CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: C. Reverend Thomas H. Britton Pastor Emeritus Lynnhaven Colony Congregational Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. E. F. 2. 3. G. ELECTRONIC ROLL CALL OF CITY COUNCIL MINUTES 1. INFORMAL & FORMAL SESSIONS - December 15, 1992 PUBUC HEARINGS 1. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION: PEMBROKE MANOR RECREATION, INC. PROPOSED ADMISSION TAX INCREASE CHARTER AMENDMENT PERMITTING RECOVERY OF COSTS FOR EMERGENCY RESPONSE TO DRMNG UNDER THE INFLUENCE ACCIDENTS/INCIDENTS RESOLUTION S/OR DI NANC ES 1 . Resolution supporting legislation designating PEMBROKE MANOR RECREATION, INC. a benevolent corporation re real and personal property state and local tax exemption. 2. Ordinance to AMEND and REORDAIN Section 35-181, ADD Section 35-182.1 and REPEAL Section 35-183.1 of the Code of the City of Virginia Beach, Virginia, re admissions taxation. (Sponsored by Councilman Linwood O. Branch III) 3. Ordinance requesting the General Assembly AMEND the Charter of the City of Virginia Beach, Virginia, authorizing the recovery of the Cityls costs of emergency response for accidents or other incidents caused by persons operating motor vehicles, motor boats and other craft while under the influence of alcohol or drugs. (Sponsored by Councilman Paul J. Lanteigne) 4. Ordinance to AMEND and REORDAIN Sections 35-64 and 35-67 of the Code of the City of Virginia Beach, Virginia, re general prerequisites to exemption, deferral or freeze of real estate taxes and the amount of exemption to those claiming exemptions as elderly or disabled persons. 5. AMEND and REORDAIN Ordinance No. 1536K re revision of grant guidelines; and, establishing a Review and Allocation Committee for the Community Organization Incentive Grant (COIG) Program. H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1 . FV 1993-1994 OPERATING BUDGET: a. Resolutions directing the City Manager submit an alternative re: (1 ) No real estate tax rate increase above the currently approved rate of $1.147 per $100 assessed value. (2) Retain all local tax, fee and charge rates at their February 1, 1993 levels. b. Resolution requesting the School Board submit an alternative, limiting the Increase in local tax contribution to $2,000,000 above the approved FY 1992- 1993 Budget. 2. Resolution authorizing the City to become a member of the Southeastern Hampton Roads Disability Services Board; and, directing the City prepare a Joint Powers Agreement, as required by Section 15.1-21 of the Code of Virginia. 3. Resolutions requesting Virginia Department of Transportation establish new urban system highway Improvement projects: a. Laskin Road Phase I from First Colonial Road to Birdneck Road, approximately 1.5 miles (CI P 2-156) b. Lynnhaven Parkway Phase IX from Holland Road to South Lynnhaven Road, approximately 1.0 miles (CIP 2-157). 4. Ordinance authorizing the City Manager to convey 0.233 acre in fee and 0.067 acre in temporary construction easement designated as Parcel 002 (Lake Holly) to the Virginia Department of Transportation re Rudee Inlet Bridge Project (CIP 2-903) for the sum of $206,445. 5. Ordinance authorizing License Refunds in the amount of $23,464.60. 6. Ordinance authorizing Tax Refunds in the amount of $10,577.38. I. APPOI NTMENT SCHOOL BOARD J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT ********** SCHEDULE FY 1993-1994 OPERATING BUDGET TUESDAY, MARCH 30,1993 12:00 NOON (City Council Special Session) Council Chamber THURSDAY, APRIL 15, 1993 **PUBUC HEARING** Green Run High School 7:00 PM THURSDAY, APRIL 29,1993 **PUBUC HEARING** Princess Anne High School 7:00 PM ********** If you are physically disabled, hearing or visually impaired and need ass istance at th is meeting, please call the CITY CLERKIS OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM ********** 12/30/92mlm AGENDA\ 1-5-93.itm MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 5, 1993 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL WORK SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 5, 1993, at 9:00 A.M. Council Members Present: John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: John D. Moss (ENTERED: 9:30 A.M.) VIce Mayor WIlliam D. Sessoms, Jr. (ENTERED: 11:10 AM) -2- C I T Y C 0 UN C I L W 0 R K S HOP ITEM # 36367 The following topics were discussed: WATER CONSERVATION PROGRAM Clarence C. WarnstafJ, Director, Public Utilities FY 1993-1994 BUDGET REVENUE SUGGESTIONS REQUIRING STATE LEGISLATION E. Dean Block, Management and Budget INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (lSTEA) Ralph A. Smith, Director - Public Works Dale Castellow, Transportation Planning Coordinator PENDING ITEMS UPDATE FUTURE WORKSHOP AGENDA January 5, 1993 -3- ITEM # 36368 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 5, 1993, at 12.35 P.M. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 5, 1993 -4- ITEM # 36369 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of VIrginia, as amended, for the following purposes: 1. : Discussion or consideration of or interviews of prospective candidate for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344(A)(1). To- WIt: Appointments - Boards and Commissions: Board of Building Code Appeals Community Development Citizens Advisory Committee Community Services Board Human Rights Commission Parks and Recreation Commission Resort Area Advisory Commission School Board Upon motion by VIce Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 5, 1993 -5- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 5, 1993 2:00 PM. 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, January 5, 1993, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Thomas H. Britton Pastor Emeritus Lynnhaven Colony Congregational Church G OF THE UNITED STATES OF AMERICA January 5, 1993 -6- CITY MANAGER'S BRIEFING SCHOOL REVENUE SHARING POLICY FORMULA ITEM # 36370 E. Dean Block, Director - Management and Budget, distributed the School Revenue Sharing Policy Report. The report is intended to provide a platform for discussion and action. Mr. Block reiterated the considerations which attended the Policy: Policy & Process Scope/Timing Fairness Accountability Flexibility Financial Stability & Structural Balance Straight Forward & Understandable POLICY PROPOSAL Description of Revenue-Sharing Methodology A. Schools would receive all budgeted state revenues in support of SOQ and other categorical programs. These funds are currently and would continue to be received into the School Operahng Fund. B. &hools would receive all budgeted "State Share Sales Tax" funds. These funds are currently received into the General Fund and transferred to the School Operating Fund each year in the budget. If legally permissible, these funds, beginning in FY 1993-94 would be budgeted to and received by the School Operating Fund directly. C. Schools would receive all budgeted Federal Impact Aid and other categorical aid funds. These funds are received dzrectly into the School Operating Fund. D. Schools would receive all budgeted revenues from school- sponsored sale/rent-use of school property, charges for school services and miscellaneous school revenue. These funds are currently budgeted into the School Operating Fund. E. The budgeted City local tax contribution in any fiscal year will be determined by the following calculation: Projected revenues from 62 cents/$l00 of undedicated Real Estate Taxes, plus Projected revenues from 50% of the 1 cent local option sales tax, Jl11l£ Projected revenues from 50% of the cable television franchise tax, plus Projected revenues from dedicated taxes intended for the incremental operating costs of new schools constructed. All calculations will be made assuming no change in the applicable tax rates, unless externally imposed. January 5, 1993 -7- CITY MANAGER'S BRIEFING SCHOOL REVENUE SHARING POLICY FORMULA ITEM # 36370 (Continued) F. The above calculation can be shown in mathematical terms as below. This calculation displays what would have have been the local contribution in FY 1992-93 and what will be the local contribution in FY 1993-94, if the policy is approved. FY 1992-1993 FY 1993-94 Real Property Tax Shared $103,261,062 $104, 780,000 1 cent Local Sales Tax Shared 13,208,427 13,604,000 Cable Franchise Taxes Shared 931,980 951,000 Dedicated Transfer New School Incremental Costs 5,559,162 5,669,000 Total V 22. 96~ V 25. t¿04. Qf)f}. Actual 1992-93 Budget $122.938.591 Difference 22.040 Less Base Year Actual (FY 1992-93) $122. 938. 59L FY 1993-94 increase in local share based on current (4th quarter 1992) forecasts) 2,065,409 % Growth 1.7% This figure will be revised when final Real Property Tax Assessments figures are provided by the Assessor. This occurs in late February. Other projected revenues are subject to final revision at that time, based on mid-year data. Mr. Block itemized the Ground Rules which are hereby made a part of the record. PROCESS SCHEDULE OF ACTIVITIES Submission of preliminary Local contributions amounts to Schools November 1 Submission of Budget Planning Local contribution amounts to Schools Mid-January Presentation of School Superintendent's recommended budget to the School Board Mid-January Receipt of final Real Estate Tax assessments from the City Assessor's Office February 20-28 Advertise School Budget Public Hearing February School Board advertise any tax increase to be requested to support funding over Policy amount February School Budget Hearing February Adjustment to Policy based on City Assessor's final assessments March 1 Adoption of School Operating Budget by School Board including any Real Estate Tax increase request Mid-March January 5, 1993 -8- CITY MANAGER'S BRIEFING SCHOOL REVENUE SHARING POLICY FORMULA ITEM # 36370 (Continued) Council Members Parker and Lanteigne, Council Liaison with the School Board, will meet with the School Board on January 6, 1993, and discuss the possibility of a WORKSHOP with City Council prior to the School Board Meeting on January 19, 1993, concerning the School Revenue Sharing Policy Report and Formula. This item was moved to the end of the Agenda. January 5, 1993 -9- ~ CERTIFICATION OF EXECUTIVE SESSION ITEM # 36371 Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business maUers lawfully exempted from Open Meeting requirements by VIrginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by VIrginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Paul J. Lanteigne January 5, 1993 1Btønlutinu CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virglnla Beach Clty Councll convened lnto EXECUTIVE SESSION, pursuant to the afflrmatlve vote recorded In ITEM # 36369, Page No.4, and in accordance Wl th the provlsions of The Virginia Freedom of Information Act; and, WHEREAS: Sectlon 2.1-344.1 of the Code of Vlrginla requlres a certification by the governlng body that such Executl ve Sesslon. was conducted In conformlty with Vlrglnla law. NOW, THEREFORE, BE IT RESOLVED: That the Vlrglnla Beach Clty Council hereby certlfles that, to the best of each member's knowledge, (a) only publlc buslness matters lawfully exempted from Open Meetlng requlrements by Vlrglnia law were dlscussed In Executl ve Sesslon to whlch thls certlflcation resolutlon applles; and, (b) only such publlc business matters as were ldentlfied in the motlon convenlng thls Executl ve Sesslon were heard, dlscussed or consldered by Vlrglnla Beach Clty Councll. ~ .,¿~ ~C--::Z: lith Hodges mlth, CMC/AAE Clty Clerk January 3, 1993 - 10 - ~ MINUTES ITEM # 36372 Upon motion by Councilman Clyburn, seconded by VIce Mayor Sessoms, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 15, 1992. Voting: 9-0 Council Members Voting Aye: John A. Baurn, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Paul J. Lanteigne January 5, 1993 - 11 - ~ PUBliC HEARING ITEM # 36373 Mayor Meyera Oberndorf DECLARED a PUBLIC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION: PEMBROKE MANOR RECREATION, INC. The following registered to speak: Gene R. Moore, 4604 Williamsburg Court, Phone. 497-5174, Mr. Moore spoke in SUPPORT of the Ordinance. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 5, 1993 - 12 - ~ PUBliC HEARING ITEM # 36374 Mayor Meyera Oberndorf DECLARED a PUBLIC HEARING: PROPOSED ADMISSION TAX INCREASE The following registered to speak: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke In OPPOSITION. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 5, 1993 - 13 - ~ PUBLIC HEARING ITEM # 36375 Mayor Meyera Oberndorf DECLARED a PUBLIC HEARING: CHARTER AMENDMENT PERMITTING RECOVERY OF COSTS FOR EMERGENCY RESPONSE TO DRIVING UNDER THE INFLUENCE ACCIDENTS/INCIDENTS There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 5, 1993 - 14 - ~ RES OL UTI 0 NS/ ORDINANCES ITEM # 36376 Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED: Resolution supporting legislation designating PEMBROKE MANOR RECREATION, INC. a benevolent corporation re real and personal property state and local tax exemption. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. January 5, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 5 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY PEMBROKE MANOR RECREATION, INC. AS BEING EXEMPT FROM STATE AND LOCAL TAXATION 6 WHEREAS, property located in the City of Virginia Beach 7 and owned by Pembroke Manor Recreation, Inc. is currently subject 8 to ad valorem taxation; 9 WHEREAS, Pembroke Manor Recreation, Inc. has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, of the Constitution of Virginia to § 6 (a) (6) designate Pembroke personal property of real and the Manor Recreation, Inc. as being exempt from state and local taxation; WHEREAS, pursuant to § 30-19.04 of the Code of Virginia, the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04B of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion Recreation, Inc. should be that Pembroke Manor designated as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by Pembroke Manor Recreation, Inc. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation involving the designation of Pembroke Manor Recreation, as a benevolent corporation within the Inc. 35 36 37 38 39 40 41 42 43 44 45 context of S 6(a) (6) of Article X of the Constitution of virginia and that real and personal property owned by Pembroke Manor Recreation, Inc. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of January , 1993. 5 CA-4954 ORDIN\NONCODE\PEMANOR.RES R-1 PREPARED: 12/14/92 rl-~ . ~- - ,~ ~~-"~~~:.'<"r""-',~ i Ar-'pn-1'--" f'. - To 'i f'>1'~'\"'!-, '~~j¡:"..~~- . ,." '-"'¡J"'rr "",f " - . ,'. ". ~.- d L.t,-.t~\¡'. ."....., ¡ """L.,'¡~J~ j " ~ l~t~C~ ~ ~ \, j ~'al1:~nr'~ ~-->ioZ~~ 2 APPLICATION TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION Applicants: Please fill out this form and submit same to the City Manager, Municipal center, Virginia beach, Virginia 23456. In any instance where additional space is needed to complete your answer to a parUcular question, please utilize a separate sheet of paper and attach it to this application. Formal Name of Corporation/Organization: Pembroke Manor Recreation, Inc. (Property is managed the Pembroke Manor Civic LeagueLeague; deed is in the name of the Recreation, Inc. The Board of Directors of the League are also the Board of Directors of Pembroke Manor RecreatIon, Inc.) Address: 4452 Hinsdale Street, Virginia Beach, Virginia, 23462 Telephone Number: President 499-9348; Secretary 497-5174 1. Is the Organization chartered or incorporated under the laws of the Commonwealth of Virginia? Yes 2. For what purpose is the group chartered? To foster a sense of good citizenship, good government and betterment of community life. 3. Describe in detail and specify the location of all real and personal property for which exemption is sought: One approximately 112' X 24' one story brick building on about 15000 sq. ft. lot. The building has an assembly hall, foyer, kitchen, two bath rooms, two offices and a storage room. 4. List the present tax assessment of each parcel of real property for which this exemption is sought: Parcel Description: Plat 0060 0043 PT of PARCEL L PAR LC-1 PIN 1477 58 5676 No noted restrictions. Assessed Value: Land: $24000.00 Improvements: $34420.00 Total Assessed Value $58420.00 1 5. List the present tax assessment, by tax bill, of personal property for which the exemption is sought. No personal property. 6. For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the building and floor locations. The building is currently being used for civic meetings for Pembroke Manor Civic League, Pembroke Manor Garden Club, Pembroke Lakes Committee, Girl Scouts and a Senior Citizens group. There is no charge for these activities. a. Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought. Yes. The building is also rented to organizations which pay a nominal fee to cover the cost of operations. There are currently a church, a bridge social group, Parents Without Partners, an American Legion Post and Tidewater Depression Glass using the facilities on a regular basis. The building is also rented to individuals for activities such as wedding receptions and other social events. b. Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement for necessary expenses for services incurred? If Yes, give all details. Yes. The organizations cited in a. above pay for the use of the facilities. The monies collected are used to cover the cost of operations, repairs and replacement of equipment such as airconditioners when required. The monies are managed by the Pembroke Manor Civic League. 7. With regard to personal property, state the purpose for which the property is being used and whether income is derived from the use of any such property by individuals, groups or otherwise. If so, give all details. No. There is no personal property involved. 2 - 8. Is the organization exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954? If so, attach documentation. Yes. We have always considered ourselves a non profit organization. Our records show filing with IRS for the Civic League but not for Pembroke Manor Recreation, Inc. since there is no income involved for the later organization. 9. Has the ABC Board issued a current annual alcohol beverage license for the service of alcohol beverages for use on the property from which tax exemption is here sought? No. Pembroke Manor Recreation, Inc. does not engage in the sale of beverages. 10. Is any director or officer of the agency paid compensation is excess of a reasonable allowance for salaries or other compensation? No. 11. Does any part of the earning, exclusive of salaries, of such organization inure to the benefit of any individual? If so, list what portion and to whom for each of the past three years. No. 12. What portion of the service provided by such organization is generated funds received from donations, contributions, or local, state, or federal grants? Donations shall include the providing of personal services or the contribution of any in-kind or other material services. None. 3 - 13. Does the organization provide services for the common good of the public? If so, explain in detail including in your explanation a listing of the services provided, the cost of the services to the recipient or method of determining cost of the services to the recipient, and any other details you deem pertinent. The Pembroke Manor Civic League as the managing organizaton for Pembroke Manor Reacreation, Inc. over the years has sponsored and provided a meeting place for Boy Scouts and Girl Scouts. Residents have been kept informed of community and City activities through the distribution of a newsletter. We have participated in the City's volunteer projects. We have provided interesting and informative programs for the community by inviting City employees and elected officials to our meetings. We have made donations to other organizations such as the rescue squads and Red Cross. We have provided scholarships to community students. We are always ready to support any worth while program sponsored by the City or other agency. 14. What part, if any, of the activities of the organization involves carrying on propaganda, or otherwise attempts to influence legislation.? None. 15. Has the organization ever participated in, contributed to, or intervened in any political campaign on behalf of any candidate for public office? It the answer is yes, please provide any qualifying information you deem necessary. No. 16. State the organization's rule, regulation, policy, or practice concerning discrimination of the basic of religious conviction, race, color, sex or natural origin. The articles of incorporation state in part" ...No resident of the Pembroke Manor area will be denied benefit or use of the corporation's facilities because of race, creed, color or national origin, and the facilities may be used by contributors an non-contributors alike." 4. - 17. List the name, business address and business telephone of the president and secretary of the corporation/organization as well as the managing officer. President: Terry Fahey 499-9348; First Vice President: James Rhoades 499-8391; Secretary: Gene Moore 497 -5174. Mailing address for all officers: 4452 Hinsdale Street, Virginia Beach, Va. 23462. 18. In addition to the above, please provide the following information. (a) A copy of the organization's most recent audited financial statement (i.e., current balance sheet and income and expense statement for the organization's last fiscal period. There are none for Pembroke Manor Recreation, Inc. Finances are manage by Pembroke Manor Civic League. (b) A detailed listing of the current salaries and/or othe compensation of the officers and directors of the organization. In addition, please specify as to each officer or director so listed, the basis of the listed salary or compensation. (i.e., annually, per meeting, hourly, commission, etc.). None of the officers receive any salary. (c) List the salary ranges of each employee position classification and list the number of full-time and part-time employees in each such classification. There are no employee positions. (d) Specify what percentage of gross income of the organization was required to pay real and personal property taxes for each of the last three years: The percentage of the income managed by Pembroke Manor Civic League for Pembroke Manor Recreation, Inc. paid for real property tax has been approximately six percent of the gross income each of the past three years. 5. (e) Explain in detail why the City Council of the City of Virginia Beach should recommend to the General Assembly of Virginia that this organization should be exempt from real and personal taxation in the city of Virginia Beach. Please include in you explanation, the services provided by the organization. The Pembroke Manor Recreation, Inc. Community Center as operated by the Pembroke Manor Civic League has for twenty-eight years provided a meeting place for community activities. It has been a rallying point for the community in voluntary support of many civic activities such as community cleanup and Operation Sunburst. The Civic League is a member of the Council of Civic Organizations and participates in city wide activities. It publishes a newsletter, The Brook, which is distributed to each residence in the neighborhood. We feel we perform a valuable volunteer service to the community, the City. This form was prepared by Gene R. organization is Secretary. Moore whose title with the -- r ~ CRGANIZATION PtJ~ß~o'Kf: ~~Na~ '~Jt\'¡~atON , \ N e By: Name G F-~t \(, ~OOR.[ Tl tIe Sf..<:.r..c-, ~'\~, Date -1) ~ (..f31\8l,<- 'L..\ , ,q ~ '1-., STATE OF VIRGINIÀ CITY OF VIRGINIA BEACH, to-wit: G£Nt. ((, MDQR( being duly sworn, deposes and says that he/she is the ~~R..(\ ~,t 'f (title) of the PilH.Y~D~l M ~ Çi 'J l. 'R ~~l. J:\' ì ~ N , \ N L . (legal name of ownership organization) named in the within entitled application; that he has read the foregoing information sheet and knows the contents thereof; and that the same is tr~e to his own knowledge except as to the matters herein stated to be alleged upon information and belief, and as to those matters he believes it to be true. (Signature of Officer) Subscribed and sworn to before me this - \ L\ ~L of ~~~.x'~J~;'- , 19 ~ ~ . p1tVf~ day ~~ t ~.~~~ Notary Public My Cormnission Expires <t - ~ \ - 9 ~ - 15 - ~ ORDINANCES ITEM # 36377 Upon motion by Councilman Branch, seconded by VIce Mayor Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 35-181, ADD Section 35-182.1 and REPEAL Section 35-183.1 of the Code of the City of VIrginia Beach, VIrginia, re admissions taxation. Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, , Louis R Jones, Paul J. Lanteigne, and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: None January 5, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Councilmember Linwood o. Branch, III 1 2 3 4 5 6 AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-181 AND TO ADD 35-182.1 AND TO REPEAL SECTION 35-183.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO ADMISSIONS TAXATION. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That section 35-181 of the Code of the City of Virginia Beach, Virginia, section 35-182.1 is is hereby amended and reordained, hereby added, section its is hereby repealed in and 35-183.1 entirety, to read as follows: section 35-181. Definitions. The following words and phrases, when used in this article, shall, for the purposes of this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Admission charge. "Admission charge" means the charge made for admission to any amusement or entertainment, exclusive of any federal tax thereon, including a charge made for season tickets, to all clubs and organizations for amusement and entertainment. City treasurer. "City treasurer" means the treasurer of the city and any of his duly authorized deputies and agents. Commissioner of revenue. "commissioner of revenue" means the commissioner of revenue of the city and any of his duly authorized deputies and agents. Place of amusement or entertainment. "Place of amusement or entertainment" means any place in the city wherein or whereat any of the following, or amusements or entertainments similar to the following, exhibited located, conducted, performed, and are operated: circuses, amusement parks, carnivals, menageries, moving-picture shows, fairs, shows and exhibitions of all kinds; dances; basketball, football, wrestling, boxing and sports of all 34 35 36 37 38 39 40 41 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 kinds; swimming pools, bowling alleys, roller rinks, golf courses, miniature golf, drift boats, party boats oolcly charter boats, opcr~tcd ~~ithin thc corpor~tc limito ~nd within onc milc into thc ~dj~ccnt things similar w~tcr::;, and other such of nature; a concerts, theatrical, vaudeville, dramatic, operatic and musical performances and performances similar thereto; lectures, talks, literary readings, similar and performances thereto; such attractions as merry-go-rounds, Ferris wheels, roller coasters, leap-the-dips like, public and the and all other amusements, performances and exhibitions not specifically named herein; and any roof garden, cabaret or other similar place furnishing a public performance for profit, which shall include any room in any hotel, restaurant, hall or other public place where music and dancing privileges or any other entertainment is offered the patron in connection with or serving selling food, of refreshments or merchandise. A performance shall be regarded as being furnished for profit for purposes of this article even though the charge made for admission is not increased by reason of the furnishing of such performance. Special tax auditor. "Special tax auditor" means the special tax auditor of the city and any of his duly authorized deputies and agents. Sporting cT,¡rcn t . "Sporting cTv"cnt" mc~n::; org~nizcd lc~guc ~nd tourn~mcnt pl~y of ~ g~mc involving ~thlctic ~ctivity pur~u~nt to ~ oct form ~nd body of rulc~. section 35-182.1. Admission tax for participation in sporting events. until January 1, 1994, there is hereby imposed and levied a tax one half CÆ3J tþe amount paiq to of two and percent of participate in the following participatory sports: golf courses, tennis, swimming, roller skating, and sport bowlinq, billiards, fishing boats. Effective January 1, 1994, there shall be imposed and levied five tþe amount paid to of tax (5) percent of a participate in the sports described in this section. Admission 2 68 69 70 71 72 73 74 75 76 77 78 79 80 81 charges for observing these sports shall be imposed and levied at the rate imposed by section 35-182. section 35 183.1. Exocption c"..cnto. aportinq partioipatinq in for Notwithstanding any othcr 3cction of thi3 articlc, thcrc ahall bc no tax payablc on chargc3 madc for participating in 3porting cvcnta. Howcvcr, admi33ion chargc3 for obscrving oporting cvcnto 3hall be subject to the tax. Adopted by the Council of the city of Virginia Beach, Virginia on the day of JanuaJtt/ 5 , 1993. CA-4951 \ORDIN\PROPOSED\35-181ET.PRO R-4 PREPARED: December 22, 1992 0C!'in..r-., """'1'-~.." """,-....,.....,-g';:kI'.ølC](Q_nl""'-~-."'" f ~1 !i l~¡~ï;n()VEr) Po,S TO Ii - i: .' ,I. ",,'~~H~.......ftl..t"~I'?'~'\1 I' " , .', ~'.~~L~ f"', '1\ I /. ... - ,-. ., - '-> .H e Q.~JJ .-. \.i oj " II '." ~.~i , ".. ,,-,~,~ c-" L2-2.g...9~ 3 - 16 - Item ¡Y-G.3. ORDINANCES ITEM # 36378 Upon motion by Councilman Lanteigne, seconded by Council Lady Parker, City Council ADOPTED: Ordinance requesting the General Assembly AMEND the Charter of the City of VIrginia Beach, VIrginia, authorizing the recovery of the City's costs of emergency response for accidents or other incidents caused by persons operating motor vehicles, motor boats and other craft while under the influence of alcohol or drugs. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 5, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 '!" "-""-='-'I:I:.1nX:~ .~~..,.:J,. ._",.' , ,.".r'.f~.- ,-;:-" Requested by Councilmember Paul J. Lanteigne - /~¡ f - _..::... """"-. ~ ~~ . ' 1 2 3 4 5 6 7 AN ORDINANCE REQUESTING THE GENERAL ASSEMBLY TO AMEND THE CHARTER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, TO AUTHORIZE THE RECOVERY OF THE CITY I S COSTS OCCASIONED BY PERSONS OPERATING MOTOR VEHICLES, MOTOR BOATS, AND OTHER CRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS 8 WHEREAS, the City regularly incurs significant expense 9 for personnel and equipment resources used for emergency response to accidents involving or caused by the incidents and other negligent operation of motor vehicles, motor boats, and other craft by persons under the influence of alcohol and/or drugs; WHEREAS, neither City Charter the general law nor presently City police, the costs of enables the to recover firefighting, and emergency medical response to such incidents; WHEREAS, it is considered appropriate and equitable that the city persons whose provide Charter be amended to that wrongdoing necessitates such emergency response should bear the financial responsibility for their actions; WHEREAS, § 15.1-835 of the Code of Virginia provides that a municipal corporation desiring the General Assembly to amend its Charter may conduct a public hearing at which citizens of the municipal corporation may be heard; WHEREAS, pursuant to the provisions of § 15.1-835, the City of Virginia Beach properly published a summary of a proposed amendment to the City Charter and advertised a public hearing to be held at the regular session of the Council on January 5, 1993; and WHEREAS, the aforementioned public hearing has been conducted, and the Council desires to request the General Assembly to introduce a bill in its 1993 Session to amend the City Charter to provide for civil recovery of emergency response expenses for accidents or other incidents caused by persons who operate motor vehicles, motor boats, or other craft while under the influence of alcohol or drugs; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 That the is to General Assembly hereby requested introduce a bill in its 1993 Session incorporating the provisions of the attached proposed amendment to the Charter of the city of Virginia Beach adding § 2.02(h), to provide for civil liability for the costs of emergency response for accidents or other incidents caused by persons who operate motor vehicles, motor boats, or other craft while under the influence of alcohol or drugs. BE IT FURTHER ORDAINED: That the city Clerk is hereby directed to transmit (1) the publisher's affidavit showing that the informative charter amendment summary and public hearing were duly advertised; (2) certification that the public hearing was held on January 5, 1993; (3) the text of the proposed amendment to the City Charter; and (4) a certified copy of this Ordinance, to one or more members of the City's local delegation to the General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of January , 1993. 5 CA-4961 ORDIN\NONCODE\EMEREXP.ORD R-2 PREPARED: 12/28/92 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 2 3 4 5 6 7 PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING SECTION 2.02(h) ENABLING RECOVERY OF EMERGENCY RESPONSE EXPENSES INCURRED DUE TO AN ACCIDENT OR INCIDENT RESULTING FROM DRIVING OR OPERATING A MOTOR VEHICLE OR CRAFT WHILE IMPAIRED 8 Additional Powers. Sec. 2.02 9 without limiting the generality of the foregoing, but in addition city of Virginia thereto, the Beach shall have the following additional powers: . . . 1hl civil liability for reimbursement of emergency response expenses for accident or incident caused by driving or operating a motor vehi cl a , while impaired. To provide by motorboat, atc. , ordinance that any person who drives or operates a motor vehicle. engine. train. motorboat. watercraft. or aircraft while under the influence of i or other self- narcotic dru alcohol administered intoxicant or dru or of whatever nature combination of such drugs to a deqree which impairs his ability to drive or operate such vehicle or craft. when such impairment is the proximate incident an resulting any accident in of cause or appropriate emergency response. shall be civilly liable to the City and to any volunteer rescue squad which may provide such emergency response for the reasonable expense thereof. in an amount not to exceed~.OOO for a partiçyJar acc~t or ~t. As used---.in this subsection. "appropriate emergency response" shall include all costs of providinq rescue. and firefighting. law-enforcement. emerqency medical services. The provisions of this subsection shall limit available the remedy not preempt to or any Commonwealth. to the City. or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired drivinq or operation of a vehicle or craft as set forth herein. For purposes of this subsection. the presumptions from alcohol content of blood set 36 37 38 39 40 41 42 43 44 45 46 47 forth in 18.2-269 of the Code of Vir inia shall a or contract of bodily injury or ~roperty damaqe liability insurance relatinq to the ownership. maintenance. or use of a motor vehicle. motorboat. watercraft. or aircraft issued or issued for delivery in the Virginia any civil insure against Commonwealth of shall liability under this subsection. Proposed by the Council of the City of Virginia Beach, Virginia, on the day of January , 1993. 5 CA-4961 ORDIN\NONCODE\EMEREXP.AMD R-1 PREPARED: 12/18/92 ~~-' . , APPROVED A1-) TO btiGAL ZUfFIC,E~ 'd:;Y Zì~~ - 2 - 17- Item ¡Y-G.4. ORDINANCES ITEM # 36379 Upon motion by Councilman Lanteigne, seconded by Councilman Brazier, City Council ADOPTED: OPTION NO.1: Ordinance to AMEND and REORDAIN Sections 35-64 and 35-67 of the Code of the City of VIrginia Beach, VIrginia, re general prerequisites to exemption, deferral or freeze of real estate taxes and the amount of exemption to those claiming exemptions as elderly or disabled persons. Retain Real Estate Tax program at current limit. Voting: 7-2 Council Members Voting Aye: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E Oberndorf and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum and John D. Moss Council Members Abstaining: Robert K Dean and Nancy K Parker Councilman Dean ABSTAINED. "The issue is fiscal insanity and irresponsibility to the taxpayers. " Council Lady Parker ABSTAINED as the issue has not been clarified as for the necessity to handle prior to January 15, 1993, and for the reason that this item is outside the budget process. January 5, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 2 3 4 5 6 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 35-64 AND 35-67 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO GENERAL PREREQUISITES TO EXEMPTION, DEFERRAL OR FREEZE OF REAL ESTATE TAXES AND THE AMOUNT OF EXEMPTION TO THOSE CLAIMING EXEMPTIONS AS ELDERLY OR DISABLED PERSONS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That sections 35-64 and 35-67 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: section 35-64. General prerequisites to grant; effect residency in hospital, nursing home, etc. of (a) Either the exemption, deferral or freeze, but not more than one, as provided for in this division shall be granted to persons subject to the following provisions: (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially held, on June thirtieth immediately preceding the taxable year, by the person or persons cla,iming exemption, deferral or freeze and is occupied as the sole dwelling of such person or persons. (2) The head of the household occupying the dwelling and owning title or partial title thereto or either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided however, that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years of age on such date. (3) The total combined income received from all sources during the preceding calendar year by: (i) owners of the dwelling who use it as their principal 36 37 38 39 40 41 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 oresidence and (ii) owners' relatives who live in the dwelling, shall not exceed twenty twenty-two thousand dollars -{$20,000.00}- J $22.000. oot; provided first five that the thousand dollars ($5,000.00) of income of each relative, other than a spouse of the owner, or owners, who is living in the dwelling shall not be included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (4) The combined financial worth, including net equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the and owner, of the of spouse any owners, excluding the value of the dwelling and the land, not exceeding one acre, upon which it is situated, does not seventy dollars exceed thousand ($70,000.00) . (5) The dwelling is occupied. (b) Notwithstanding subdivision (a) of this section, if a person has already qualified for an exemption or deferral under this article, and if the person can prove by clear and convincing evidence that after so qualifying the person's physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a relative move in and provide care for the person, and if a relative does then move in for that purpose, then none of the relative's income shall be counted towards the income limit. (c) The fact that persons who are otherwise qualified for tax exemption, this are division deferral freeze to pursuant or residing in hospitals, nursing homes, convalescent homes or other facilities for physical or mental care for extended periods of time 2 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 shall not be construed to mean that the real estate for which tax exemption, deferral or freeze is sought does not continue to be the sole dwelling of such persons during such extended periods of other residence, so long as such real estate is not used by or leased to others for consideration. section 35-67. Amount of exemption. When a person claiming exemption under this division conforms to the standards and does not exceed the limitations contained in this division, the tax exemption shall be shown on the following schedule: Total Income All Sources Tax Exemption $ 0 to 11,000.00 13.000.00 100% 11,000.01 13.000.01 to 13,000.00 15.000.00 80% 13,000.01 15.000.01 to 16,000.00 17.000.00 60% 16,000.01 17.000.01 to 18,000.00 20.000.00 40% 18,000.01 20.000.01 to 20,000.00 22.000.00 20% No lien shall accrue as a result of the amount certified as exempt. Adopted by the Council of the City of Virginia Beach, Virginia on the day of January , 1993. 5 CA-4793 ORDIN/NONCODE/CA-4793 PREPARED 12/29/92 ~~ ~ CONT~S --... l - ~ ,T AF ';01""'" '." :- \"" I EGA' . .. ". I L.!. ..,) ..1.. l AQ~FIGNCY~'~ro~ . ~ f ll( 1 kiAtCtN-- CITY ATTORNEY 3 - 18 - Item IY-G.5. ORDINANCES ITEM # 36380 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED, AS AMENDED. : AMEND and REORDAIN Ordinance No. 1536K re revision of grant guidelines,. AND, Establishing a Review and Allocation Committee for the Community Organization Incentive Grant (COIG) Program (OPTION C) *Lines 38 thru 48 shall be AMENDED. The Review and Allocation Committee shall be comprised of eleven (11) Members. Four (4) Citizens-At-Large and Council Members Dean and Moss (Members of the Council's FInance Liaison Committee). Member: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. BrazIer, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Councilman Dean DISCLOSED he serves on several of the Boards contained wIthin the Ordinance. January 5, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. lS36K BY REVISING GRANT GUIDELINES AND ESTABLISHING A REVIEW AND ALLOCA TION CO:MMITTEE FOR THE COMMUNITY ORGANIZATION INCENTIVE GRANT PROGRAM 5 WHEREAS, the City Council of Virginia Beach assists in funding various agencies 6 which perform services benefitting citizens and the community through the Community 7 Organization Incentive Grant (COIG) program; 8 WHEREAS, the City Council desires to create a Review and Allocation Committee for 9 the cola program; WHEREAS, the Committee shall include members who have no direct involvement in the policy making or operation of any agency applying for funding through the cola program and shall be comprised of eleven (11) members as follows:: 1. One (1) Citizen-At-Large to be selected by the Mayor and confirmed by Council. This member shall serve as the chairperson for the Committee. Four (4) Citizens-At-Large to be selected by Council. The two (2) members of Council who serve on the Council's Finance Liaison Committee. The Director of Public Health or qualified designee. A representative from the Virginia Beach Foundation. A representative from the United Way who has expertise in not-for-profit agencies and/or grant fund allocation. A representative from the Library Board or, if no member of the Library Board is able to serve, a member of the Social Services Board who can represent a cross section of the citizen interest in the city. This member is to be selected by the chairperson of the Library Board or the Social Services Board; 2. 3. 4. 5. 6. 7. WHEREAS, City Council shall appropriate funding for the total COIG program; and the Review and Allocation Committee shall review the applications, interview the applicants, and allocate the funding to the specific agencies after the adoption of the Operating Budget each year; WHEREAS, the City Council believes that those agencies which apply to the City for funding on an annual basis should submit an application which should include equipment and supplies to be purchased, services to be performed, and the estimated costs of each. Other 33 34 35 36 37 38 39 40 41 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 pertinent information should also be included in said application to assist the Review and Allocation Committee in its evaluation of the applications; and WHEREAS, the City Council further believes that those agencies receiving said funds should report to the City, as specified in the guidelines and procedures, stating how the funds have been expended, and outlining the services which have been performed as a result of those expenditures. NOW TIlEREFORE, BE IT ORDAINED BY TIlE COUNCIL OF TIlE CITY OF VIRGINIA BEACH, VIRGINIA; that a Review and Allocation Committee is hereby created and appointed by Council and shall be comprised of eleven (11) members as follows: 1. One (1) Citizen-At-Large to be selected by the Mayor and confirmed by Council. This member shall serve as the chairperson for the Committee. Four (4) Citizens-At-Large to be selected by Council. The two (2) members of Council who serve on the Council's Finance Liaison Committee. The Director of Public Health or qualified designee. A representative from the Virginia Beach Foundation. A representative from the United Way who has expertise in not-for-profit agencies and/or grant fund allocation. A representative from the Library Board or, if no member of the Library Board is able to serve, a member of the Social Services Board who can represent a cross section of the citizen interest in the city. This member is to be selected by the chairperson of the Library Board or the Social Services Board; 2. 3. 4. 5. 6. 7. The initial terms of the five (5) Citizen-At-Large members and the representatives of the Virginia Beach Foundation, the United Way, and the Library or Social Services Boards shall be for three (3) years; provided, however, that the initial terms of the Citizen-At-Large members may be made for less than three (3) years in order to provide for staggered expirations of such terms. Thereafter, all terms of these eight (8) members shall be for three (3) years; provided further, however, that in accordance with Section 2-3 of the City Code, no such member shall serve for more than three (3) consecutive three-year terms. The Review and Allocation Committee shall review applications, interview applicants, and allocate final cola funding to specific agencies each year following the adoption in the Operating Budget of a total COIG funding amount. BE FURTIlER ORDAINED TIlA T; agencies requesting funding from the City annually shall submit applications each year in such form and manner as the City Manager may 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 determine, and such applications are to be evaluated by the Review and Allocation Committee. Each application shall state equipment and supplies to be purchased and services to be performed. The application shall also state the estimated cost to purchase said equipment and supplies, and to perform said services. Other pertinent information, as required by the Department of Management and Budget and the Review and Allocation Committee shall also be included in said application to assist the Review and Allocation Committee in its evaluation. Those agencies whose applications are approved and who receive funds shall submit expenditure reports as specified by the City Manager guidelines and procedures, accordingly. The reports shall state how the funds were actually expended for equipment and supplies, services performed, and all related pertinent information. BE IT FURTHER ORDAINED THAT; the City Manager shall prepare and implement such guidelines and procedures as deemed appropriate and necessary to implement this ordinance. This ordinance shall supercede Ordinance No. 1536K adopted by City Council on June 17, 1985, and shall be in effect from the day of its adoption. Adopted by the Council of the City of Virginia Beach on the 5th day of January, 1993. Approved as to Content: E. D. Block, Director Department of Management and Budget CITY OF VIRGINIA BEACH Community Organization Inœntive Grants Guidelines and Proœdures A. Statement of Purpose The City recognizes that not-for-profit organizations fill an important place in the spectrum of service delivery alternatives in a community. To encourage not-for-profit organizations to provide services to both residents and visitors to Virginia Beach, the city has established a system to award monetary grants to qualified not-for-profit organizations. These grants are intended to: 1. Provide "last resort" capital or operating budget support to not-for-profit agencies which provide service to residents or visitors to the city, or which improve the general quality of life in the city through various programs. "Last resort" Implies that all other sources of funding have been explored and exhausted.] 2. Supplement (not supplant) funding from other sources available to not-for-profit organizations up to thirty- five percent (35%) of the total budget of the program for which funds are sought. 3. Be limited in size to encourage the not-for-profits to seek alternative resources of funds, donated materials, and volunteer labor. ,I 4. Encourage the not-for-profit organiz.1tions to provide services which meet specific needs pf Virginia ß~1ch residents or visitors, and which complement services provided by city departments or by the private sector. 5. Relate specifically to measurable levels of service provided to residents or visitors to the city. 6. Promote program accountability through monitoring and reporting of services provided. In that these grants are incent.ives to foster new services in the city, a goal of the process is to encourage community support for programs so that, over time, city funds can be supplanted with funds from other sources. This will allow city funds to be directed towards new programs in the future. IDEALLY, ALL COIG FUNDS FOR A GIVEN PROGRAM WILL BE PHASED OUT OVER A FIVE YEAR DEVELOPMENTAL PERIOD. Extensions of this five year period may be required for agencies with a long dependence upon city grant funding. B. History of City Grants The City of Virginia Beach has provided assistance to not-for-profit organiz.'1tions which provide services to city residents since 1963. Over time, both the number of agencies requesting such assistance and the amount of funding provided for assistance has increased substantially. A grant review and reporting process was initiated in FY 85-86 to provide criteria for alloC4'1tion of funds to agencies and to monitor services provided during a given funding period. Data collected from the quarterly reports submitted by the agencies are used to compile a quarterly grant report for the City Council. The growth in the number of applications for grants, the competition among agencies providing similar or dupliC4'\te services, the diversity and complexity of the applications, the service needs of the city which could be addressed by the not-for-profit sector, and the increase in grant funding hn-v-e created a need for fonnalized guidelines for review of applications. +hese guideJ.mes .,viIJ be used b,y staff t&-p~e-iniMker-eening-{}~plications-and to rormul~ funding recommendations for Council re,'iew-and-aetfølh In FY 89-90. (onnal I!uidelines and procedures were ~or review of applications by staff. The I!uidelines were used by staff to Drov~ screeninl! of applications and to assist the City Mana!!er in fonnulatin!! fundin!! recommendations for Council review and a{)Dropriation. ATTACHMENT ONE Community Organization Incentive Grants Guidelines and ProœcJum¡ C. Objectives of the Process The Community OrganiL'1tion Incentive Grant AUoent-ion-GuideHnes Review and Allocation Committee should provide for a fair and reasonable allocation of funding to qualified applicants. Funding available for such allocation is detennined by an annually established fonnula not to exceed one dollar per capita for the general city population. The population estimate to be used in this fonnula wil) be the City's Department of Planning estimate for January 1 of the calendar year during which aJlocations are being made (e.g., January 1, 1993 for allocation of funds to be provided in the fiscal year beginning July 1, 1993). The procedures to fulfill this allocation process are intended to meet the following minimum ob~ectives: 1. Annually distribute funds authorized by Citv Council throu{!h the appropriation of a blockl of fundin{! within the Non-Departmental - Grants portion of the Approved Operating Budget in a fair and reasonable manner to qualified agencies which will provide the most effective and efficient services to residents of Virginia Beach or visitors to the city. 2. Provide a grant fund distribution process whiM is A Pf»!Hf-t11e-epemting-b"èget-proeess, Anà-whieh pr-fWides for Council Rppr~l-øf:-gPant-lev-e~eh-nppliennt-ngen~ that provides for the allocation of appropriated funds by the Review and Allocation Committee. 3. Provide a {!rant fund distribution process with a schedule that parallels that of the operatin{! budl!et process, but which is not intennin2led with the operatin2 bud2et process. 4. Ensure control and monitoring of grants awarded throughout the fiscal year for which funding is provided, including mandatory grantee reporting. 5. Ensure that each grant recipient complies with grant requirements by having the appropriate city agency be responsible for monitoring the grantee agency programs. The composition of the AlIot.'\tion and Review Committee shall be dcsie:nated bv Council ordinance. D. Agency Eligibility for Community Organization Incentive Grant An agency is eligible to apply for a Community Organization Incentive Grant (COIG) from the City of Virginia Beach if it meets the following minimum criteria: 1. The agency must be a not-for-profit organization meeting the requirements of such an organization in the State of Virginia and under federal IRS guidelines. 2. The agency must provide significant, measurable service to residents of Virginia Beach or visitors to the city OR it must demonstrably improve the general quality of life in the city. COIGREV.GUI January 1, 1993 2 3. 4. 5. 6. - - - .r- "~.,...~. ..... ...""'--". Community Organization Incentive Grants Guidelines and Procedure; The agency Cc'\nnot receive grants of monics from other resources available to the city for alloCc'\tion and cannot have pennanent City of Virginia Beach employees involved in the COIG grant appliCc'\tion or reporting process. Contractual services which a grant agency provides the city must be disclosed in grant applications. Payments for such services do not automatically exclude an agency from grant eligibility. However, grant funds will not be provided to support the same services or costs which are provided under contract to the city. The agency cnnnot be eligible to apply for a grant through the City of Virginia Beach Arts and Humanities Commission. (Those agencies currently funded under the COIG program but which are eligible for Arts and Humanities grants are specifically IIgrandfatheredll from this criterion. These agencies are the Lifesaving Museum of Virginia and the Neptune Festival. The restrictions set forth in item #3 apply.) The agency must have fulfilled all reporting, auditing, and payment obligations for any previous loans or grants from the city. Programs, activities, employment opportunities, etc. of the agency which may be funded totally or partially by the City of Virginia Beach must be made available to all people, regardless of race, color, religion, sex, national origin, age, handicap, or politiCc'l1 affiliation. In addition, funds which may be provided by the City of Virginia Beach cannot be used to support programming or activities which advocate a particular political or religious viewpoint. E. Grant Award Procedure I I The following guidelines are established as minimum procedures for awarding funds throug~ the Community Organization Incentive Grant: 1. Application Process a. In OetabeF Sep~emþer of each year a public notice of availability of grant applications will be placed in the media. b. During Oetober September of each year, the Department of Management and Budget (DMB) sends applications to all agencies currently receiving COIG funds from the city and to any agency requesting an appliCc'\tion from DMB. +hese-applieatfans-will-be--updated-ann-uaJly by Dl\fB pFior to Oetober to. By September 10 of each year. the appliCc'\tions will be updated as indicated by the procedures and as requested by the committee members. c. Applications are to be completed and returned to DMB by the application de:ldline. DMB will review appliCc'ltions for completeness upon receipt and will contact the agency contact person if significant infonnation is lacking. It is the responsibility of the agency to provide the missing infonnation within five working days of notification of the need by the Department of Management and Budget. Applica- tions received after the published deadline will be deemed ineligible for that year. d. CopieS of applications will also be forwarded to appropriate city deparbnents for their comments concerning proposed programs and services to be provided by the grant agencies. Comments from deparbnents should be returned to DMB within two weeks. e. Final responsibility for the coordination of grant application and review process lies with the Department of Management and Budget. g. Copies of all applications. oversie:ht department recommendations. and other related materials will be co ied and distributed b DMB to all Review and AlloCc'1tion ommittee members. COIGREV.GUI January 1, 1993 3 2. 3. coig.gui CITY OF VIRGINIA BEACH Community Organization Incentive Grants Guidelines and Procedures Minimum Content of Applications 8. A proposed operating budget of the agency, in the fonn and detail requested, for the fiscal year for which COIG funding is being requested. b. A summary of resources, to includc revenue from all sources and a list of in-kind resources, by sourcc. This must be provided in sufficient detail to allow comparison of the request for funds from Virginia Beach with other sources. c. A description of services or programs (including new initiatives for agencies seeking continuation funding). d. Projected performance measures, showing total services to be rendered and services rendered to residents of Virginia Beach. e. A description of organizational expertise which would indicate ability to carry out proposed programs. f. . A brief five-year fiscal and program plan for the agency, indicating agency plans for encouraging community support for its programs. g. Attachments to the application must include: ,I (1) A copy of proof of not-for-profit status. (2) A copy of the agency's current by-laws, mission statement, and charter. Application Review a. The Department pf l\4anagement-and-Budget (Dl\4B) revie',v applications. Applieonts whieh do not appcar to meet tlie minimum criteria for applieation ",.,'iII be eontacted for further informatioRJ b. The City Man~RFt-et:-the-l!r-epased-Qper-aling-ßudget,-Feeommends-fund.ng-le'lels foF-encl1 applkant ageney. Upon fon'"Rrèing-t-he-P~&posed OpeFQting-ßudget to Couneil, the City-Managep notifies appHeants-et-proposed funàing-leyels-, c. As a part of the operating budget revie\\' process, the Couneil hears appeals and mal«~s final allocations to ageneies. &. A Ii~'\tions will be reviewed b the Committee rior to the first committee mectin. uestions concernin2 applications will be directed to DMB for conL'\ct with the a2encv. if approDriate. b. Procedures for reviewin2 aDplications should be established by the Committee prior to a discussion of the applications. Also. standards for schedulin2: interviews. rankine applications. and distributinl! resources should be established bv the Committee prior to a discussion of the applications. c. The interview is the a1!ency's opportunity to further explain its proerams and proposed services. ßecnuse the interview provides the nl!encv an opportunity to be heard. there is no provision for appeal beyond the Committee. d. AU reviews and interviews of the appli~'\tions should be completed prior to March 31 of each year. 4 4. s. coig.glli CITY OF VIRGINIA BEACH Community Organization Incmtive Grants Guidelines and Proœdurrs Grant Award a. Letters announeing the final grant am9unt for eoeh ageney will he sent to eaeh-applieant as seen after final Ceuncil appreval ef the Operating Budget as praetioohle, hut not later than July 1. b. Applieants awarded grants will be sent Acceptanee of Grant Statements which must he completed and returned te DMB prior to release ef first quarter payments. !b. b. Preliminarv fundinl! levels for each of the various applicant a2.encics will be decided by the committee based on the criteria established durin!! the previous Committee meetin!!s and subseQuent review. Preliminary fundin!! levels may represent all. none. or a portion of a !!iven !!rant reaucst but the total of an awards cannot exceed the City Mana!!er proposed fundin!! level. c. Preliminary fundine: notifications are sent to appli~'\nt ae:encics prior to March 31 of each year. Simultaneously. a report of the preliminary fundine: levels indicatinl! amount of request and amount ~ranted for each applicant a!!ency is compiled and forwarded to the City Manae:er and Council for their infonnation. d. , I Additional interviews are scheduled with the Committee for those a!!encics who wish to appe.'\1 preliminary fundin!! levels. c. A block of fundine: for the total COIG pro!!ram is appropriated by Council as part of the Operatin!! Bude:et. f. Upon final Council approval of fundin!! for COrGo the Committee determines the final level of allocation for each applicant a!!ency. Letters announcin!! the final!!rant amount for each a1!ency will be sent to . each a licant as soon after final fnndin levels are determined b Committee but not later than ut 1. A report indicatine: amount of request and amount !!ranted for ~'\ch applicant is compiled and fonvarded to the City Mana!!er and Council for their infonnation. ~ Applicants awarded t!rants are sent Acceptance of Grant Statement which must be completed and returned to DMB prior to release of the first quarter navments. Grant Reporting and Payment a. Grant Acceptance requires that the agency director or designee sign the "Conditions of Grant A wardll statement which outlines requirements of the grant award. This signed sL'\tement must be returned to the Department of Management and Budgct with a IISummary of Proposed Servicesll for the fiscal year. b. The appropriate city oversight department will review the IISummary of Proposed Servicesll to ensure that perfonnance measures outlined are consistent with services proposed in the grant application. If changes in agency resources or community needs require adjustments to planned objectives, these changes will be negotiated between the oversight department and the agency. The department should forward a copy of the changes to DMB. c. The oversight department will prepare a Vendor's Invoice for payment of one quarter of the total grant award when all conditions of the grant are fulfilled. In the case of small grant amounts (less than $2,500 total) payments may be made in one or two parts. These invoices are forwarded to DMB for review and signature. Then DMB forwards the invoices to the Finance Department for payment. 5 coig.gui I CITY OF VIRGINIA BEACH Community Organization Incentive Grants Guidclints and Procedures e. At the end of each quarter, DMB will send necessary reporting fonns to grant agencies. These fonns, containing both financial and perfonnance data, are to be completed by the grant agency and returned to DMB by the 20th day following the end of each quarter. A copy of the completed report should be fonvarded by the agency to the city oversight department. After review, the oversight department will complete the needed invoice and forward it to DMB. While every effort is made to process payments to agencies as quickly as possible, no payment will be guaranteed or promised to an agency in less than ten working days after receipt of the quarterly report in DMB. Incomplete reports will further delay payment processing. f. At the end of each quarter, DMB will compile perfonnance and financial data. into a quarterl)' grant report for Council. Semi-annually, the perfonnance and financial reports will be forwarded to the Review and Allocation Committee and to Council for their infonnation. g. By the end of the first quarter of the fiscal year, grant agencies must forward to DMB a copy of the agency's financial audit for the previous fiscal year. This is an additional requirement for release of the grant payment for the second quarter. (If the grant agency has a fiscal cycle other than July 1 to June 30, accommodation can be made for filing the required audit at the appropriate time.) h. In the grant monitoring process, the city oversight department is responsible for reviewing perfonnance reports of the grant agencies to detennine if services reported are in line with those known to be available to Virginia Beach residents from that agency. In addition, any concerps or complaints regarding the quality of service provided by a grant agency will be fonvarded by' DMB or the City Manager to the oversight department for review. I . I. The Department of Management and Budget is responsible for reviewing payment requests for consistency with funds allocated for a grant agency, and for ensuring that funds are not released if reporting and other grant requirements have not been fulfilled by the agency. I . 6 . I, City- of Vir g i:t:"ìia Beach. OFFICE OF THE CITY MANAGER (804) 427.4242 FAX (804) 427-4135 MUNICIPAl CENTER VIRGINIA BEACH, V'RGINIA 23-456-9001 December 4, 1992 The Honorable Mayor Members of Council Subject: Community organization Incentive Grant Dear Council Members, Attached is a policy report regarding the allocation process for the Community Organization Incentive Grant (COIG) program. This report is in response to Council Priority Item Il-B: Respond to Human Needs: Family, Youth, and Individual Services. The repor~ includes Attachment A: Attachment B: Attachment C: three attachments for your information. History of COIG Funding COIG Guidelines and Procedures One Page Summary of Options with Advantages and Disadvantages This issue will be scheduled for discussion as part of the agenda for the December 15,1992, Council meeting. If you have any questions or concerns, please contact me. , . Sincerely, t( 5¥-1 "- ames K. Spore ity Manager cc: Members of Council E. D. Block Walter C. Kraemer, Jr. ATTACHMENT TWO Policy Report POLICY REPORT: COUNCIL POLICY ITEM 11-B ~espond to Human Needs: Family, Youth, and Individual Services - Resource Allocation: Process and structure 1. BACKGROUND This report addresses Council Policy Item 11-B and concerns the structure of the Community organization Incentive Grant (COIG) resource allocation process. since 1963, the City of Virginia has provided assistance to not-for-profit organizations which provide services to city residents. Grant funding was included in the Legislative section of the operating budget as well as from various departmental operating budgets. Agencies requested funds from the departments or from Council throughout the year with no formalized method of allocation. Beqause the system was decentralized and lacked formal procedures, the City, at any given point in time, lacked a clear picture of which agencies received grants and at what level funding was received. In FY 1985-86, Council adopted grant guidelines for agencies receiving funds from the City. The guidelines established a centralized annual application procedure, grant guidelines and procedures, and quarterly service and expenditure reports. Under the guidelines, the City Manager provided recommended levels of funding for the agencies to council as part of the Operating Budqet presentation. Council heard appeals, made adj ustments or amendments, and approved the final allocations to the various agencies. Essentially, the process has not changed since these guidelines were established. In FY 1989-90, two alternatives to the existing grant review and allocation process were discussed with\ Council at their request. The al ternati ves, based on the model of the Arts and Humanities Commission, were: - Create a committee which would review the grant applications, allocate a predetermined block of operating budget funds to the various agencies, provide for an initial appeal, and brief Council on their allocation decisions. Create a committee which would review the applications and make advisory funding recommendations prior to the adoption of the Operating Budget. Council would hear appeals, make changes, and finalize allocations as part of the Operating Budget Development. council, selecting neither option, chose to remain with the existing review and allocation process essentially as established in FY 1985-86. A goal was set of providing up to $1.00 per capita as an overall level of funding for the COIG program. During budget deliberations in the Spring of 1991, Council appointed a three member committee comprised of Council members to review alternative methods of allocating the grant funds. Recommendations from this committee were not available for development of the FY 1991-92 Operating Budget. Absent recommended changes, the allocation and review process remained unchanged. During FY 1992-93 budget deliberations, allocations to the Neptune Festival and the Lifesaving Museum were removed from the COIG program and relocated to the Department of Convention and Visitor Development and the Department of Museums respectively. The funding goal for the total COIG program was modified to $0.55 per capita. A fourteen year history of program funding levels is included as Attachment A. In August 1992 during the Council retreat, Council expressed its desire to review the grant allocation process. It is listed under the Council Priority to "Respond to Human Needs: Family, Youth, Individual Services" as "Resource Allocation: Process and structure". (Council Priority 11-B) , This policy report is a response to that Council desire to review the grant allocation process. Following is a discussion the three alternatives. A summary table of the alternatives is provided in Attachment C. 2. CONSIDERATIONS A. EXISTING GUIDELINES AND PROCEDURES" The statement of purpose, eligibility criteria, and grant reporting and payment process are included in the existing Community Organization Guidelines and Procedures. Please see copy included as Attachment B. The three alternative processes proposed in this policy report are based on the assumption that the existing statement of purpose, the existing criteria for eligibility, and the existing grant reporting and payment process will not be significantly modified this point in time. B. CURRENT ACTIVITIES: Due to time constraints, the grant application process for FY 1993-94 has already begun. A public notice of availability of grant applications was published in The Beacon on October 9,1992. Applications are due back to the Department of Management and Budget (DMB) on December 11, 1992. 2 Historically, during December, DMB reviews the grants for completeness i during January and February, DMB and applicable oversight departments evaluate and rank the applications; and in March, recommendations for funding are provided to the city Manager for presentation to council as part of the operating Budget. Should Council decide to change the review and allocation process, appropriate changes can be made prior to February while staff review applications for completeness. C. KEY ISSUES: The first issue to be determined: 1. Does the Council wish to continue with a formal process of annual review and allocation linked to specific budget funding? 2. Or, does the Council wish to return to a less formal process as before FY 1985-86? The remainder of this policy report assumes a desire to continue a formal process for grant allocation. If Council desires to continue with a formal proces$, then two key issues should be addressed in deciding upon the type of process to use for allocating grant funding to not-for-profit agencies: 1. Who will review and rank applications: council appointed committee? ci ty staff or will council appropriate funds to individual agencies as part of operating Budget Process or will Council appropriate funds as block to the program with a committee allocating funds to individual agencies. These key considerations will be influenced by: The extent to which Council desires to be involved in the initial level of review. - Whether Council desires to have the opportunity to change and amend initial recommendations prior to determining a total amount of funding. - The extent to which equal assess is provided to agencies desiring a grant. - The increased sensitivity of grant allocations since total funding levels have decreased while requests have increased. - The increased amount of time required by council to provide agencies an appeal to allocation decisions. 2 . PUBLIC INFORMATION Should Council change or revise the existing process, a notice will be sent to all applicant agencies for FY 1993-94 indicating that the process and ranking procedure have been changed. They will be informed of any additional information necessary and of any other changes in the criteria for ranking. For FY 1994-95, changes in the process will be incorporated into the advertising and application process 3. 3 ALTERNATIVE COURSES OF ACTION Following are three al ternati ves processes for allocating grant funds to not-for-profit agencies. Again, the alternatives are based on the assumptions that the (1) statement of purpose, (2) eligibility criteria, and (3) grant reporting and payment procedures as stated in the existing COIG Guidelines and Procedures are acceptable (see Attachment B). Revised guidelines and procedures as well as the necessary ordinances will be prepared upon Council direction. Changes from the existing process are indicated in the text using italic lettering to distinguish pertinent modifications from one option to the next option. Again, each of the three alternatives is summarized in Attachment C. 4. OPTION A: EXISTING SYSTEM The current system is centralized within the Department of Management and Budget. DMB reviews and ranks the applications, the City Manager provides initial funding recommendations for applicant agencies to Council as part of the Operating Budget presentation, and Council incorporates the recommendations into Council's review, hearing, and decision process. The existing process is detailed in the attached COIG Guidelines and Procedures (see Attachment B). Application: - Public notice of availability of grant applications placed in the media in October. - Applications completed and returned to the DMB. - Copies of the applications forwarded to appropriate city . I . overslght agencles. Application Review: - Applications reviewed and ranked by departmental staff with input from appropriate city agencies. Fundinq Recommendations: - Funding levels for each applicant agency recommended by city Manager as part of Operating Budget. - Applicant agencies informed of proposed funding levels when recommendations provided to Council. Council Action: - Appeals heard by Council during public hearing on operating Budget. - Allocations to agencies appropriated by Council as part of Operating Budget. Grant Award: . - Letters announcing the final grant amount for each applicant agency sent to all applicants by City Manager after approval of Operating Budget but not later than July 1 of each year. 4 Advantages: - Maintains direct council control of allocations. - Process is more efficient than decentralized process or multi-step process. - Funding levels established by Council/City Manager in overall context of Operating Budget. Disadvantages: - Appeals heard by Council during public hearings thereby limiting Council's ability to focus on issues related specifically to the applicant agencies. - Disproportionate amount of public hearing time may be consumed by appeals. - Council has limited input in making recommendations, reviewing applications, and evaluating agencies. - staff may not be fully knowledgeable of non-profit human service agency needs. OPTION B: ADVISORY REVIEW COMMITTEE An Advisory Review Committee appointed by Council, working with the support, as needed, of the Department of Management and Budget, would review all applications and recommend to Council funding levels for each applicant agency. The committee could be comprised of all Council appointees, a combination of city staff and council appointees, or an existing external agency such as the united Way or Virginia Beach Foundation. For example, the proposal presented to Council in FY 1989-90 recommended a five member commission comprised of three city staff members, one citizen-at-large, and one united Way designee. Application: - Public notice of availability of grant applications placed in the media by the Committee in October. - Applications completed and returned to the DMB. - Applications reviewed by DMB for completeness. - Copies of the applications provided by DMB to appropriate ci ty agencies for their comments and to Advisory Review Committee members for review. Application Review: Applications reviewed by commi ttee prior to the first committee meeting. - Questions concerning applications directed toward DMB for contact with the agency, if appropriate. - Applicants which do not appear to meet the minimum criteria set aside for special questioning by Committee. - Procedures for reviewing applications established by committee prior to discussion of applications. - standards for scheduling interviews, ranking applications, and distributing resources established by committee prior to discussion of applications. - Reviews and interviews of the applications should be completed by February ~5. 5 Funding Recommendations: - Committee provided wi th, by end of November, proposed funding level for the total COIG prograJll to be recommended by the City Manager to Council. - Recommended funding levels for each of the various applicant agencies will be decided by the committee based on the criteria established during the previous commission meetings and subsequent review. Recommendations may represent all, none, or a portion of a given grant request but the total of all awards cannot exceed ci ty Manager proposed funding level. - Report of recommendations indicating amount of request and amount granted for each applicant agency compiled and forwarded to the Council for final action as part of the Proposed operating Budget. - Applicants notified of proposed funding levels upon report of recommendations being forwarded to the Council and City Manager. council Action: - Appeals heard by Council during public hearing on operating Budget. - Allocations to agencies appropriated by Council as part of Operating Budget based on committee recommendations as modified by Council. Grant Award: - Letters announcing the final grant amount for each agency sent to all applicants by City Manager after approval of operating Budget but not later than July 1 of each year. Advantages: - Committee could include community representatives who have knowledge of community needs. - Committee could include members with expertise in not-for- profit management, organization, and needs. - Committee able to meet with applicant agencies during review process to ensure equal access for all agencies and informed decision by committee. - Could reduce amount of time required at public hearings to hear applicant appeals. - Council responsible for final allocations. Disadvantaqes: - All appeals heard by Council. - Committee process could be undermined by outside of allocation process. - Additional step added to the process. Council allocation 6 OPTION C: REVIEW AND ALLOCATION COMMITTEE Council would appropriate a block of funds to be granted to not-for-profi t agencies. The Review and Allocation Committee, working with the support, as needed, of the Department of Management and Budget, would review all applications and determine allocations to be made to each agency. Again, the composition of the committee could be vary in membership: fully council appointed, a combination of city staff and council appointees, or existing external agency such as the united Way or Virginia Beach Foundation. Application: - Public notice of availability of grant applications placed in the media by the Committee in September. - Applications completed and returned to the DMB. - Applications reviewed by DMB for completeness. - Copies of the applications provided by DMB to appropriate city agencies for their comments and to Allocation Review Committee members for review. ApPlication Review: - Applications reviewed by committee prior to the first committee meeting. - Questions concerning applications directed toward DMB for contact with the agency, if appropriate. - Applicants which do not appear to meet the minimum criteria set aside for special questioning by Committee. - Procedures for reviewing applications established by committee prior to an to discussion of applications. - standards for scheduling interviews, ranking applications, and distributing resources established by committee prior to discussion of applications. - Reviews and interviews of the applications should be completed prior to March 32. Funding Recommendations: - By end of November, committee provided wi th proposed funding level for the total program to be recommended by the City Manager to Council. Preliminary funding levels for each of the various applicant agencies will be decided by the committee based on the criteria established during the previous commission meetings and subsequent review. Preliminary funding levels may represent all, none, or a portion of a given grant request but the total of all awards cannot exceed the City Manager proposed funding level. - Report of preliminary funding levels indicating amount of request and amount granted for each applicant agency would be compiled and forwarded to the ci ty Manager for his information - Applicant agencies will be notified by the Commi 1;1;ee of their preliminary funding levels prior to March 32. - Additional interviews scheduled for applicant who desire to appeal proposed funding recommendation to the Committee. Council Action: - A block of funding for the total COIG program appropriated by Council as part of the Operating Budget. 7 . . Grant Award: Specific final funding allocations to agencies determined by Committee after Council appropriation of a block of funds for COIG. - Allocations by Committee based on the criteria established during the previous commission meeting and subsequent application review. - A report of allocations indicating amount of request and amount granted for each applicant compiled and forwarded to 'the City Manager and Council for their information. Advantaqes: - Review and allocation process similar to that of Arts and Humanities commission. - Committee provides for initial level of appeal for agencies thereby alleviating Council workload during Public Hearing process. - Council establishes funding policy level and broad guidelines for CorG. - Committee could include community representatives who have knowledge of community needs. - Committee could include members with expertise in not-for- profit management, organization, and needs. - Committee able to meet with appl icant agencies during review process to ensure equal access for all agencies and informed decision by committee. I - Centralized application and monitoring process. Disadvantages: - council would be delegating authority for final individual agency allocations. - May limit direct appeals to Council by concerned agencies. - Agencies notified of final funding allocation late in the year perhaps making their budget planning more difficult. 8 RECOMMENDATIONS: The recommended type of review is that of an Allocation Review Committee (Option C) where Council appropriates a block of funds which are then allocated to the specific agencies by the Allocation Review Committee. This option will allow for the best use of Council time by allowing Council to make broad funding policies for the program without having to become involved in the detailed allocations to individual agencies. Further, this option will alleviate the burden of having to make allocation decisions in the absence of detailed knowledge of the application information. While critical to the individual agencies, the final allocations provided to the individual agencies are a relatively small amount of the total Operating Budget. It is recommended that Council appoint an existing outside agency, such as the united Way or the Virginia Beach Foundation, to act as the Review and Allocation Committee. However, this option needs further research should Council desire to pursue it. The alternative recommendation, would be to have a committee comprised of citizens at large, a representative from the united Way and the Virginia Beach Foundation, and City Staff. A possible format is that which is similar that proposed in the report provided to Council in FY 1988-89. The Committee would have five members: 1. ci tizen-at-Large , selected by the Mayor and confirmed by the council. This member shall serve as the chair person for the Commission. The Director of Public Health or Qualified Designee. A representative from the Virginia Beach Foundation. A designee from the United Way of Hampton Roads who has demonstrable expertise in working with not-for-profi t agencies and/or grant fund allocation. A member of an existing City advisory board, such as the Library Board, who can represent a cross section of the citizen interests in the city. 2. 3. 4. 5. Each commission member would: - Serve for an initial three year term but may be reappointed for one additional term. - Have no direct involvement in the policy making or operation of any agency applying for funding through the community Organization Incentive Grant Program. Upon Council direction, each recommendation will be further researched, appropriate ordinances will be developed, and guidelines will be updated for Council adoption. Submitted by: Reviewed by: , 2/~~ Date: /.;2/~/9')- ~ L-7\~ \ Date: / a . tf. if 2- 9 HISTORY OF COMMUNITY ORGANIZA TtON INCENTIVE GRANT (COIG) FUNDING AGENCY GROUPED BY TYPE FY 7 9-80 FY 80-81 FY 81-82 FY 82-83 FY 83-84 FY 84-85 FY 85-86 FY 86-87 FY87-88 FY 88-89 FY 89-90 FY 90-91 FY 91-92 FY 92-93 AsSistance for Self-sufficiency Cox Center for Elderly Day Care 0 0 0 0 0 0 0 0 0 0 0 4,000 3,400 2,950 Day Care Center for TIdewater 0 0 0 0 0 0 0 0 0 0 0 2,536 0 0 Endependence Center 0 0 0 0 23,197 29,105 33,848 36,217 38 ,020 39,150 40 ,800 42,840 36,414 33 , 500 Foodbank SE VIrgInia 0 0 0 0 0 0 0 0 0 5,680 6,500 6,635 5,126 5,100 - Fnends of Detox, Ltd. * 0 0 0 0 0 0 0 0 0 0 0 0 1,833 0 STOP 12,907 12,907 12,907 12,907 12,907 12,907 22,590 16,446 19,000 19,570 30 ,060 21,342 16,007 16,000 SEVAMP 2,500 10,200 10,200 16,192 17,406 17,406 17,406 25,990 27,300 30 ,530 39,243 32,729 24,547 24,500 Sugar Plum Bakery (* FY 86-87) 0 0 0 0 0 0 0 50 ,000 0 0 0 40,000 10,000 8,700 Tidewater Legal AId SocIety 0 0 0 0 0 0 0 0 0 10,000 11 ,000 11,450 8,588 8,550 YWCA Outreach 0 0 0 0 0 0 0 0 0 0 0 5,200 4,420 0 Health Assistance Beach Health Center 0 0 0 0 0 0 0 0 0 0 5,000 5,177 3,624 3,150 Community Alliance for Drug Rehab 0 0 0 0 0 0 0 0 0 0 2,500 0 0 0 Hospice Care Inc. 0 0 0 0 0 0 0 0 0 8,500 8,800 8,800 6,600 5,720 Hospice Care of VIrginia Beach 0 0 0 0 0 0 0 11,455 10,000 8,500 8,800 6,700 4,690 4,000 Resource Mothers 0 0 0 0 0 0 0 0 0 0 0 0 0 30 , 000 TIdewater Aides Cnsis Task Force 0 0 0 0 0 0 0 0 0 0 0 2,500 2,125 2,125 Housing and Shelter Judeo-Christian Outreach Shelter 0 0 0 0 0 0 0 0 0 0 0 0 0 5,000 St Columba Ministries 0 0 0 0 0 0 0 0 0 0 5,850 0 0 0 SamarItan House 0 0 0 0 0 0 0 0 0 5,500 7,500 15,532 13,202 32,200 Sanctuary of TIdewater 0 0 0 0 0 5,000 5,000 5,500 5,770 5,942 6,150 6,402 4,481 0 Seton House 0 0 0 0 0 0 0 0 0 2,750 0 0 0 0 YWCA Wom~n in CrIsis 0 0 0 0 0 14,621 16,200 17,820 18,750 29,100 30,130 31 ,365 22 ,000 19,120 Safety and Come Crrme Prevention SteerIng Comm. 0 2,000 1,500 2,500 2,735 2,500 2,500 2,500 2,500 2,500 3,000 2,000 0 1,800 Come Solvers 0 0 0 0 0 0 2,000 0 2,000 2,000 2,000 moved to 0 0 SPCA 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 25,515 19,136 17,600 Virginia Beach Safety Council 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,050 1,050 1,050 1,500 0 0 0 T ounsm and Special Events CIty'S 25th Birthday* 0 0 0 0 0 0 0 0 150,000 0 0 0 0 0 First Night Celebration 0 0 0 0 0 0 0 0 0 0 5,000 20 ,000 0 0 lifesavIng Museum of Virginia 0 0 0 30 , 000 30 , 000 54 ,000 61,355 67,500 70,575 72,700 75,700 85 ,880 65,000 Relocated Neptune Festival 38 , 000 50 , 000 58 , 000 63 , 000 63 , 000 63 ,000 63,000 63 , 000 63 , 000 63 ,000 65,230 65,230 49,000 Relocated Seashore State Master Plan * 0 0 0 0 0 0 0 0 0 50 ,000 0 50,001 0 0 Shakespeare Festival 0 0 0 0 0 0 0 0 23,618 24,325 0 0 0 0 Veteran's Memorial. 0 0 0 0 0 0 25,000 0 4,956 0 0 0 0 0 COIG Reserve - 0 0 0 0 4,301 3,166 2,405 0 0 0 0 0 0 0 TOTAL 64,407 86,1 07 93,607 135,599 160,245 209 ,539 259,899 307,478 446,539 390,797 364,763 496,335 303 ,359 222,420 Per Capita expenditure Tota! 0.25 0.33 0.35 0.48 0.55 0.67 0.81 0.90 1.23 1.03 0.90 1.25 0.76 0.55 ft. Denotes one time grants colg9~coigdata mmg CflY 0 F VIR G INIA B FA en Community Organization Incentive Grants Guidelines and Procedures . . A. Statement or Purpose The City recognizes that not-Cor-profit organizations fill an imporumt place in the spectrum of service delivery alternatives in a community. To encourage not-Cor-profit organizations to provide services to both residents and visitors to Virginia Beach, the city has established a system to award monetary grants to qualified not-for-profit organizations. These grants are intended to: 1. Provide "last resort" capital or operating budget support to not-for-profit agencies which provide service to residents or visitors to the city, or which improve the general quality of life in the city through various pro- grams. "Last resort" implies that all other sources of funding have been explored and exhausted. 2. Supplement (not supplant) funding from other sources available to not-for-profit organizations up to thirty-five percent (35%) of the total budget of the program for which funds are sought. 3. Be limited in size to encourage the not-for-profits to seek alternative resources of funds, donated materials, and volunteer labor. 4. Encourage the not-for-profit organizations to provide services which meet specific needs of Virginia Beach residents or visitors, and which complement services provided by city departments or by the private sector. s. Relate specifically to measurable levels of service provided to residents or visitors to the city. 6. Promote program accountability through monitoring and reporting of services provided. In that these grants are incentives to foster new services in the city, a goal of the process is to encourage community support for programs so that, over time, city funds can be supplanted with funds from other sources. This will allow city funds to be directed towards new programs in the future. IDEALLY, ALL COIG FUNDS FOR ^ GIVEN PROGRAM WILL BE PHASED OUT OVER A FIVE YEAR DEVELOPMENTAL PERIOD. Extensions of this five year period may be required for agencies with a long dependence upon city grant funding. . I B. History or City Grants The City of Virginia Beach has provided assistance to not-for-profit OI-gnnizations which provide services to city residents since 1963. Over time, both the number of agencies requesting such assistnnce and the amount of funding provided for assistance has increased substantially. A grant review nnd reporting process was initiated in FY 85-86 to provide criteria for allocation of funds to agencies and to monitor services provided during a given funding period. Data collected from the quarterly reports submitted by the agencies are used to compile a quarterly grant report for the City Council. The growth in the number of applications for grants, the competition among agencies providing similar or duplicate services, the diversity and complexity of the applications, the service needs of the city which could be addressed by the not-Cor-profit sector, and the increase in grant Cunding have created a need for formalized guidelines for review of applications. These guidelines will be used by stafT to provide initial screening of applications and to Cormulate funding recommendations for Council review and action. "" C. Objectives of the Process The Community Organization Incentive Grant Allocation Guidelines should provide for a fair and reasonable allocation of funding to qualified applicants. Funding available for such allocation is determined by an annually es- tablished formula not to exceed one dollar per capita for the general city population. The population estimateto be used in this Connula will be the City's Department of Planning estimate for January 1 of the calendar year during which allocations are being made (e.g., January 1, 1993 Cor allocation of Cunds to be provided in the fiscal year beginning July 1, 1993). coig.gui 1 ATTACHMENT ß . . CITY 0 F VIRGINIA n FA en Community Organization Incentive Grants Guidelines and Procedures The procedures to fulfill this allocation process are intended to meet the following minimum objectives: 1. Annually distribute funds within the Non.DepartmenUlI - Grants portion of the Approved Operating Budget in a fair and reasonable manner to qualified agencies which will provide the most effective and efficient services to residents of Virginia Beach or visitors to the city. 2. Provide a grant fund distribution process which is a part of the operating budget process, and which provides for Council approval of grant levels for each applicant agency. 3. Ensure control and monitoring of grants awarded throughout the fiscal year for which funding is provided, including mandatory grantee reporting. 4. Ensure that each grant recipient complies with grant requirements by having the appropriate city agency be responsible for monitoring the grantee agency programs. D. Agency Eligibility Cor Community Organization Incentive Grant An agency is eligible to apply for a Community Organization Incentive Grant (COIG) from the City of Virginia Beach if it meets the following minimum criteria: I 1. The agency must be a not-for-profit organization meeting the requirements of such an organization in the State of Virginia and under federal IRS guidelines. 2. The agency must provide significant, measurable service to residents of Virginia Beach or visitors to the city OR it must demonstrably improve the general quality of life in the city. 3. The agency cannot receive grants of monies from other resources available to the city for allocation and cannot have permanent City of Virginia Beach employees involved in the COIG grant application or reporting process. Contractual services which a grant agency provides the city must be disclosed in grant applications. Payments for such services do not automatically exclude an agency from grant eligibility. However, grant funds will not be provided to support the same services or costs which are provided under contract to the city. 4. The agency cannot be eligible to apply for a grant through the City of Virginia Beach Arts and Humanities Commission. (fhose agencies currently funded under the COIG program but which are eligible for Arts and Humanities grants are specifically "grandfathered" from this criterion. These agencies are the Lifesaving Museum of Virginia and the Neptune Festival. The restrictions set forth in item #3 apply.) s. The agency must have fulfilled all reporting, auditing, and payment obligations for any previous loans or grants from the city. 6. Programs, activities, employment opportunities, etc. of the agency which may be funded totally or partially by the City of Virginia Bcach must be made available to all people, regardless of race, color, religion, sex, national origin, age, handicap, or political affiliation. In addition, funds which may be provided by the City of Virginia Deach cannot be used to support programming or activities which advocate a particular political or religious viewpoint. E. Grant Award Proced ore The following guidelines are established as minimum procedures for awarding funds through the Community Organization Incentive Grant: 1. Application Process a. In October of each year a public notice of availability of grant applications will be placed in the media. coig.gui 2 2. 3. CflY OF VIRGINIA BEACll Community Organization Incentive Grants Guidelines and Procedures b. During October oc each year, the Department oc Management and Budget (DMB) sends applications to all agencies currently receiving COIG funds from the city and to any agency requesting an application from DMB. These applications will be updated annuaIly by DMB prior to October 10. c. Applications nre to be completed and returned to DMB by the applicntion deadline. DMB will review applications for completeness upon receipt and will contact the agency cont3ct person if significant information is lacking. It is the responsibility oc the agency to provide the missing information within five working days of notification of the need by the Department of Management and Budget. Applications received after the published deadline will be deemed ineligible for that year. d. Copies of applications will also be forwarded to appropriate city departments for their comments concerning proposed programs and services to be provided by the grant agencies. Comments from departments should be returned to DMB within two weeks. e. Final responsibility Cor the coordination of grant application and review process lies with the Department of Management and Budget. Minimum Content of Applications a. A proposed operating budget of the agency, in the form and detail requested, for thè fiscal year for which COIG Cunding is being requested. b. A summary of resources, to include revenue from all sources nnd a list of in-kind resources, by source. This must be provided in sufficient detail to allow comparison of the request for funds from Virginia Beach with other sources. c. A description oC services or programs (including new initiatives for agencies seeking continuation funding). d. Projected performance measures, showing totnl services to be rendered and services rendered to residents of Virginia Beach. e. A description of organizational expertise which would indicate ability to carry out proposed programs. f. A brief five-year fiscal and program plan for the ngency, indicating agency plans for encouraging community support for its programs. g. Atbchments to the application must include: (1) A copy of proof of not-far-profit status. (2) A copy of the agency's current by-laws, mission statement, and charter. Application Review n. The Department of Management and Budget (DMB) reviews applications. Applicants which do not appear to meet the minimum criteria for application will be contacted for further information. b. The City Manager, as a part of the Proposed Operating Budget, recommends funding levels for each applicant agency. Upon forwarding the Proposed Operating Budget to Council, the City Manager notifies applicants of proposed funding levels. c. As a part of the operating budget review process, the Council hears appeals and makes final allocations to agencies. coig.gui 3 4. 5. CITY OF VIRGINIA BEACn Community Organization Incentive Grants Guidelines and l)rocedures Grant Award a. Letters announcing the final grant amount for each agency will be sent to each applicant as soon after final Council approval of the Operating Budget as practicable, but not later than July 1. b. Applicants awarded grants will be sent Acceptance of Grant Statements which must be completed and returned to DMB prior to release of first quarter payments. Grant Reporting and Payment a. Grant Acceptance requires that the agency director or designee sign the "Conditions of Grant Award" statement which outlines requirements of the grant award. This signed statement must be returned to the Department of Management and Budget with a "Summary of Proposed Services" for the fiscal year. b. The appropriate city oversight department will review the "Summary of Proposed Services" to ensure that performance measures outlined arc consistent with services proposed in the grant application. If changes in agency resources or community needs require adjustments to planned objectives, these changes will be negotiated between the oversight department and the agency. The department should forward a copy oC the changes to DMB. c. The oversight department will prepare a Vendor's Invoice for payment of one quarter of the total grant award when all conditions of the grant are fulfilled. In the case of small grant amounts (less than $2,500 total) payments may be made in one or two parts. These invoices are forwarded to DMB Cor review and signature. Then DMB forwards the invoices to the Finance Department Cor payment. e. At the end oC each quarter, DMß will send necessary reporting forms to grant agencies. These Corms, containing both financial and performance data, are to be completed by the grant agency and returned to DMB by the 2,Oth day following the end of each quarter. A copy of the completed report should be Corwarded by the agency to the city oversight department. After review, the oversight department will complete the needed invoice and fonvard it to DMß. While every effort is made to process payments to agencies as quickly as possible, no payment will be guaranteed or promised to an agency in less than ten working days after receipt of the quarterly report in DMB. Incomplete reports will further delay payment processing. f. At the end of each quarter, DMB will compile performance and financial data into a quarterly grant report Cor Council. g. Dy the end of the first quarter of the fiscal year, grant agencies must forward to DMB a copy of the agency's financial audit for the previous fiscal year. This is an additional requirement for release of the grant payment for the second quarter. (If the grant agency has a fiscal cycle other than July 1 to June 30, accommodation can be made Cor filing the required audit at the appropriate time.) h. In the grant monitoring process, the city oversight department is responsible Cor reviewing peñormance reports of the grant agencies to determine if services reported are in line with those known to be available to Virginia Deach residents from that agency. In addition, any concerns or complaints regarding the quality of service provided by a grant agency will be Convarded by DMB or the City Manager to the oversight department for review. i. The Department of Management and Budget is responsible for reviewing payment requests Cor consistency with funds allocated for a grant agency, and for ensuring that funds are not released if reporting and other grant requirements have not been fulfilled by the agency. coig.gui 4 . . CITY OF VIRGINIA BEACH Community OrganIzation Incentive Grants¡Guldellnes and Procedures , CRITERIA FOR ALLOCATION RECOMMENDATIONS The following criteria are used to formulate funding recommendationsfor CommunityQrganization Incentive Grants (COIG) for fy93-94. These recommendations will adhere to the seventy-two cents per capita allocation. Total grant recommendations will fall within the per capita allocation. Grants for tourism and special actitivltieswllI not exceed 40% of total COIG funding. Does this agency meet minimum criteria of the COIG program as listed on page 2 of the Guidelines and Procedure? tf yes, proceed with review. tf no, please state why. Further review Is unnecessary. Each of the program criteria are assigned 2 points (Yes = 2, No = 0) Each organization and funding criteria are assigned 1 point (Yes :8 1; No =0.) In addition, from 0 to 3 points are given each application, dependent on ranking and comments by the oversight department which provided application review. (In cases in which more than one departmentwas assigned review responsibilities, the departmental responses will be averaged to obtain a score of 0 to 3.) Program CriterIa: 01 Is it clear the proposed services or programs are needed In Virginia Beach? 02 Are the proposed services complementaryto services provided through city departments? Have the departmentsso stated? 03 If the service is available from another source in the community, are there assurances that coordination will take place between the grant agency and other service deliverers? If sole source, do they coordinate with agencies providing complementary services? 04 Does the agency have adequate mechanisms In place to ensure the quality of service delivered? 05 v./hat percentage of total eligible population in Va Bch is to be served by the program? (0 to 2 dependent on percentage.) OrQanlzatJon Criteria: 06 Does the agency have the expertise to effectively carry out the program or service it proposes to provide? 07 Does the agency have program and administrative sites which are easily accessible to residents of Virginia Beach? 08 Is the agency responding to changes in the environment over time so that services are relevant? 09 Does the agency have a structure in place which will enable it to meet COIG reporting requirements? Funding CrIteria: 10 Are there no alternatives to requested city funding for proposed service or program? (If there are alternatives, answer .no..) 11 Are administrative costs of the agency less than 15% of the total proposed budget? 12 Is the requested COIG funding less than 35% of the total agency budget? 13 Are in-kind matches (City personnel time, supplies, office and other operational space,etc) received by this agency from the City of Virginia Beach valued at less than $5,000 per year? 14 Will COIG funds, if granted, be the only funds which the agency receives which are appropriated or managed by the city, and over which the city exercIses discretion for distribution? 15 Does the agency have a plan to generate communitysupport for the program so city funds can be phased out over time? 16 For regional agencies, is there an appropriate relationship between percent of total service provided Va Bch residents and percent of total budget which Va Bch is asked to support? If the agency has failed to provide this information, answer 8no: 17 tf partial funding of the COIG request was provided, does It appear that the agency could provide a portion of the proposed services? Departmental OverslQht: Oversight department 0-3 points, depending on departmental ranking 0 I: don t fund 1 ...Iow priority 2 = moderate priority 3 = high priority . Total Points coig.gui 5 ,. " Matrix Explaining Each Option and Associated Advantages and Disadvantages . REVIEW PROCESS crrY Sf AFF REV! E W ADVISORY REVIEW CO11MITfEE REVIEW & ALLOCATION COMMITIEE Option A Option B Option C DESCRIPTION: DESCRIPTION: DESCRIPTION: . Review by Department of . Review by Council appointed . Review by Council appointed Management and Budget (DMB). advisory committee. advisory committee. . City Manager recommends . Committee recommends . Committee meets with applicants. funding levels for agencies as part funding levels for agencies . Block of funds appropriated as of the Proposed Operating Budget. Proposed Operating Budget. part of Operating Budget. . Appeals heard by Council during . Appeals heard by Council . Agency funding determined by hearings for Operating Budget. during hearings for Operating committee after the Operating . Council appropriates funding for Budget. Budget is adopted. each agency as part of the . Agency funding appropriated as Operating Budget. part of the Operating Budget. ADVANTAGES: ADVANTAGES: ADVANTAGES: . Maintains direct Council control. . Could involve community . Committee provides initial level of representatives with knowledge appeals. . Process more efficient than a of community needs. decentralized or multi-step . Council provfdes funding policy process. . Could include representatives level and broad guidelines for with expertise in not-for-profit program. . Funding levels set by City agencies. Manager/Council made in overall . Could involve community context of budget. . Committee meets with agencies representatives with knowledge of during review to ensure equal community needs. access for agencies. . . . Could include representatives with . Could reduce amount of time expertise in not-for-profit agencies. required at public hearings. . Committee meets with agencies . Council responsible for final during review to ensure equal allocations. access for agencies. . Reporting and allocation . Could reduce amount of time process centralized. required at public hearings. DISADVANTAGES: DISADVANTAGES: DISADVANTAGES: . Appeals heard by Council during . Appeals heard by Council . Council authority delegated for public hearing thereby limiting during public hearings. final agency allocations. Council;s ability to focus on issues related specifically to applicant . Committee process could be . May limit direct appeals to agencies. undermined by Council Council. allocations beyond committee . Disproportionate amount of public process. . Agencies notified of funding later hearing time may be consumed by in fiscal year. applicant appeals. . Additional step added to process. . Limited council input in making recommendations, reviewing applications, and evaluating agencies. . Staff may not be fully knowledgeable of agency needs. ^T'T'^rTTMf'oNT r -19 - ~ ORDINANCES ITEM' 36381 Lou Pace, 1908 HunlS Neck Court, Phone: 468-0925, registered in OPPOSITION. Upon 1I8O1ÏoII by Councilman Mou, seconded by Council Lady Parker, City Council ADOPTED: Resolution directing the City Manager to submit an alternative FY 1993- 94 Operating Budget which would "lain tdllocøllta, /øø tmd cluugø røtø øt their FebTUllry 1, 1993 levels. .Ruolution directing the School Board s¡,bmit an alterrUltillt: FY 1993- 94 School Operating Budget Umiting thø increase in local Ilu contribution to $2,000,000 above the approved FY 1992-1993 Budget. The City Clerk QIInDlUICed the City Attorney had advised t}u~' item could not be considered under the "CONSENT AGENDA.", as each option is mutually exclusive of the other. This item was therefore moved to Item 6 under RESOLUTIONS/ORDINANCES. Voting: 11-0 Council Members Voting Aye: JoM Â. Baum, Linwood O. Branch, 1/1, James W. Brazier, Jr., Ro~rt W. Clyburn, Robert K /)eQn, Louis R. Jones, Paul 1. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and Vice Mayor WiUiam D. Sessoms, Jr. Council Membes Voting Nay: None Council Members Absent: None *COIUICi/ma,. Moss DISCLOSED puTSlI/lnt to Section 21-639.15(G) of the Code of Virginia, his wife was CUTrently employed by the City of Virginia Beach School Boord as a teacher eorning an annual salary Üt excess of $10,000. COIlncilmøn Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Mos:..~ letter 01 July 14, 1992, is hereby made a part of the record. January 5, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 At the request of City Council 1 2 3 RESOLUTION DIRECTING THE CITY PREPARE AN ALTERNATIVE FISCAL OPERATING BUDGET MANAGER TO YEAR 93/94 4 WHEREAS, the five-year forecast indicates a continuing 5 qap between revenues and expenditures for Fiscal Year 1993/1994 and 6 beyond; 7 WHEREAS, the public expects the City Council of the City 8 of Virginia Beach to exercise conservative fiscal judgment; WHEREAS, the city Council desires to insure the best 9 balance between adequate and stable public services and necessary levels of taxation; WHEREAS, the city Council has identified priority areas and tarqets and has reviewed many options for cost reductions and enhanced revenues; WHEREAS, current services be sustained with cannot forecasted revenues without significant efficiencies; and WHEREAS, City economy council recognizes that the continues to be sluggish and businesses continue to face slow economic growth. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is directed to submit on March 30, 1993, in summary an alternative Fiscal 1993/1994 form, Year Operatinq Budget which would retain all local tax, fee and charge rates at their February 1, 1993 levels. BE IT FURTHER RESOLVED that nothing in this Resolution is intended to restrict the City Manager in executing his duty to present a recommended budget as he deems appropriate. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on the day of ...January , 1993. 5 CA-4971 ORDIN\NONCODE\RETAIN.RES R-l PREPARED: DECEMBER 29, 1992 ~_.- D!:I,"'-,!'-:"!T AF ¡'ROVED AS TO LEGAL SUFFICJENC AI'~D FOR.~ I , ~ ( CITY ATTORNEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 At the request of City Council 1 2 3 .& RESOLUTION REQUESTING THE SCHOOL BOARD TO SUBMIT AN ALTERNATIVE FISCAL YEAR 93/94 SCHOOL OPERATING BUDGET LIMITING THE INCREASE IN LOCAL CONTRIBUTION 5 WHEREAS, the City Council must balance fixed revenues 6 against open-ended needs of competing interests; WHEREAS, City Council recognizes the financial hardships 7 8 and personal 8acrifices of residents and businesses in the economic 9 slowdown; WHEREAS, the . ~S a major School Board partner in minimizing financial impact the local on its of government citizens; WHEREAS, the City council and the School Board have a common responsibility to exercise fiscal restraint to avoid tax increases; and WHEREAS, services be sustained with current cannot forecasted revenues without significant efficiencies. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the School Board is requested to submit a Fiscal Year 93/94 operatinq budget alternative that requires no more than a $2, 000, 000 increase in loca 1 tax revenue above the amount approved in the Fiscal Year 92/93 operating budget. BE IT FURTHER RESOLVED that the city Council understands and recognizes that the School Board is free to submi t and recommend other Fiscal Year 93/94 operating budget alternatives to City Council. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on the day of ~anua~y , 1993. ~ONTt- ~ SI~l'/ .- ~~~ - --- 5 CA-4972 ORDIN\NONCODE\BUDGET.S-B R-l PREPARED: DECEMBER 29, 1992 l :. ,. I A... 1-- 0, "'D I .. "l"'rII l'-r. A.l i'I' I.... ,'..."\.' ~_I, SUFFICIENCY . ~ ~D fO.t,',\ f.. ~~ CITY A TIORNEY - 20- ~ CONSENT AGENDA ITEM # 36382 Upon motion by VIce Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wliliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 5, 1993 - 21 - ~ CONSENT AGENDA ITEM # 36383 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Resolution authorizing the City to become a member of the Southeastern Hampton Roads Disability Services Board; and, directing the City prepare a Joint Powers Agreement, as required by Section 15.1- 21 of the Code of Virginia. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 5, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2 3 4 AN RESOLUTION AUTHORIZING THE CITY TO BECOME A MEMBER OF THE SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD 5 WHEREAS, the General Assembly in its 1992 Session adopted 6 legislation that requires every county and city in the Commonwealth 7 to "establish, either in combination another with singly or 8 political subdivision, disability by services board a local 9 November 1, 1992, to provide input to State agencies on service needs and priorities physical sensory with and of persons disabilities, to provide information and resource referral to local governments regarding the Americans with Disabilities Act and to provide such other assistance and advice to local governments as may be requested; and WHEREAS, the jurisdictions in Hampton Roads have decided to create three regional boards, a Peninsula Disability Services Board, Tidewater a Disability Services Board, and western a Southeastern Hampton Roads Disability Services Board; and WHEREAS, it is a more efficient organization of the available resources for the city of Virginia Beach, Virginia to become part of the Southeastern Hampton Roads Disability Services Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the provisions of section 51.5-47 of the Code of Virginia, City Council hereby authorizes the city of Virginia Beach to become a member of a multi-jurisdictional disability services board to be known as the Southeastern Hampton Roads Disability Services Board, which will be made up of the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach; and BE IT FURTHER RESOLVED: That the City Manager is hereby directed to return to the Council with a joint powers agreement, as 33 34 35 36 37 38 39 40 required by § 15.1-21 of the Code of Virginia, for approval by City Council. Adopted by the Council Virginia, on the 5 day of CA-4798 ORDIN\NONCODE\DISABILITY.BRD R-1 PREPARED: 12/15/92 of the City of Virginia Beach, January , 1993. APPROVED AS TO C NTfNTS - ~I DEPARTMENT 2 CI1Y A HORNEY - 22 - l1m!..lY=IL1 CONSENT AGENDA ITEM # 36384 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Resolutions requesting VIrginia Department of Transportation establish new urban system highway improvement projects: Laskin Road Phase I from First Colonial Road to Birdneck Road, approximately 1.5 miles (CIP 2-156) Lynnhaven Parkway Phase IX from Holland Road to South Lynnhaven Road, approximately 1.0 miles (CIP 2-157). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None .January 5, 1993 PROJECT PROGRAMHING RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE BE IT RESOLVED, that the Council o[ the City of Vicginia Beach, Virginia requests the Virginia Department o[ Transportation to establish an urban system highway project [or the improvement of Laskin Road from First Colonial Road to Birdneck Road, a distance of approximately 1.5 miles. BE IT FURTlIER RESOLVED, tha t the Council o[ the City of Virginia Beach hereby agrees to pay its share of the total costs [or preliminary engineering, right o[ way and construction o[ this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this proj ec t, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation [or the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 5 day of January 1993 City of Virginia ßeach, Virginia ATTEST G~ ~_.~> Clerk o[ éouncil APPROVED AS TO CONTENTS J !J~œp A., Ch),\(,,:\~C'~\~ SIGNA TURE )) 1- J:~C ~C'.- L l\<J 7.k :~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIE AND FGRIv' . " ... 0 l- (/) a: -. lL.. '., ~ LASKIN FDa IMPROVE Î L- a . ~ NORFOLK AVE ENTS ~ ;!- 2-156 r::3 Q:' ð if! Ii} êii LE: /" = /600' PREPARED BY P/W ENG.DRAFT. .. , PROJECT PROGRAMMING RESOLUTION \lHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by council resolution be made in order that the Department program an urban highway project In the City of Virginia Beach; now THEREFORE BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia requests the Virginia Department of Transportation to establish an urban system llighway project for the improvement of Lynnhaven Parkway from Holland Road to South Lynnhaven Road, a distance of approximately 1.0 miles. BE IT FURTHER RESOLVED, tha t the Council of the City of Virginia Beach hereby agrees to pay its share of the total costs for preliminary engineering, right of way and construction of this project in accordance with Section 33.1-44 of the Code o[ Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this I) day of January . 1993 City of Virginia Beach, Virginia ATTEST ~~~ ~~ Clerk of Council' B I~ /Manager ¡~""t)l(C)Vf:D AS iO (01'-. TEN I ~ ¡<i~'. C~)f, . ~~~~j- SIGNA TURE --3 J L~Q~~(: L~<" lW'j DEPARTMENT APPROVED AS TO LEGAL SUFFICI AND FOR^¡\ / -----/' --- CITY ATTr:p/',lr'( r ~ - ?-\). a~~?- COP , \'\'<? <?~~ l ~ Ya IMPROVEMENTS LYNNHAVEN P PREPARED BY P/W ENG.DRAFT. - 23 - l1nt!..Æ=:lL1 CONSENT AGENDA ITEM # 36385 Upon motion by nce Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing the City Manager to convey 0.233 acre in fee and 0.067 acre in temporary construction easement designated as Parcel 002 (Lake Holly) to the VtrginÚl Department of Transportation re Rudee Inlet Bridge Project (CIP 2-903) for the sum of $206,445. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 5, 1993 \ Requested by Department of Public Works AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS AUTHORIZED DESIGNEE TO CONVEY REAL ESTATE TO THE COMMONWEALTH OF VIRGINIA FOR RUDEE INLET BRIDGE PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the City of Virginia Beach is the owner of record of property in conjunction with the Rudee Inlet Bridge Project (VDOT #UOOO-134-119, R/W 201) (C.I.P. 2-903); and WHEREAS, these acquisitions were authorized to protect the alignment for the Rudee Inlet Bridge Project; and WHEREAS, the Department of Transportation, Commonwealth of Virginia, has now requested property for right-of- way and easements needed for the Rudee Inlet Bridge Project; and WHEREAS, the City Council is of the opinion that the said right should be deeded to the Commonwealth for the Rudee Inlet Bridge Project in consideration of $206,445.00. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager or his authorized designee is hereby authorized to execute, on behalf of the City of Virginia Beach, Virginia that certain deed conveying to the Commonwealth of Virginia, for the sum of $206,445.00 all that certain land owned by the City of Virginia Beach, as outlined on the "LOCATION MAP FOR RIGHT OF WAY AND EASEMENTS CONVEYED TO VDOT FOR RUDEE INLET BRIDGE PROJECT (C. I. P. NO. 2-903) SCALE: 1 "=1600 '" . This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 day of -1anuary, 1..2..2.3 , 1992. Note: Pursuant to V.C.A. 15.1-307 a recorded affirmative vote of three-fourths of all the members elected to Council is required. " ~ é Ja ~;~'=~ If-fÞ/! .._M --- ..-- APPROVED AS TO LEGAL SUFFICIENCY Ú' t" , "\- . I "-I' ' (/ I' '-" -' -t ~rf PROJECT SITE ~ RIGHT OF WAY AND EASEMENTS t ¡CONVEYED TO VDOT FOR RUDEE INLET BRIDGE PROJECT J 0 C.I.P. #2-903 SCALE: I" = 16001 [! PREPARED BY P /W ENG. DRAFT. 11/10/92 ---- - - - --- - 24- ~ CONSENT AGENDA ITEM # 36386 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $23,464.60 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 5, 1993 FORM NO C A. 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' -'./ That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME License Date Base Penalty Int Total Year Paid Co1ban Corporation 1991-92 Audit 1,023.65 1,023.65 T/A The Marble Company P.O, Box 2897 Virqinia Beach, VA 23450 Dead11ne Typesetting Inc. 1990-91 Audit 377.39 377.39 T/A Deadline Typesetting 1709 Colley Avenue #312 Norfolk, VA 23517 Frazier Construction Inc. 1990-91 Audit 577.16 577.16 4000 Murray Place Lynchburg, VA 24506 Certified as to Payment /' ~4~ ~'- l /Áobert P Vaugl::\ " Commissioner tif the Revenue Approved as to form ~ City Allorne; --- - This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 1,978.20 were approved by the Council of the City of Virginia Beach on the 5 day of .) anuary , 19 93 Ruth Hodges Smith City Clerk FORM NO C A. 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved. NAME License Year Date Paid Base Penalty Into Total Futral, Lynn S. T/A Interl0r Designs P.o. Box 3014771 Bayou Blvd. S-C Pensacola, FL 32563 1991-92 By Lynn Audit 60.19 60.19 Great Neck Construction Ltd. T/A Great Neck Construction 409 E. Plantatl0n Road 1990 Virginia Beach, VA 23454 Audit 28.22 28.22 Hackett, Michelle K. 1991 Audit T/A Mikkl Hackett Transcription SerVlce P.O. Box 435 Hudington, MI 49431 43.58 43.58 Certified as to Payment - // ~~~~ ~ ~ ~ --;?- --?" Ø" ~/ C'. :--- IfP ( ----Róbert P Vaughan ~ Commissioner of the Revenue Approved as to form This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 131.99 were approved by the Council of the City of Virginia Beach on the 5 day of ~anuary I 19 93 Ruth Hodges Smith City Clerk FORM NO C A. 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Revenue are hereby approved That the following applications for license refunds, upon certification of the Commissioner of the NAME Total License Year Date Paid Base Penalty Int Hawks, Curtls J. & Mary Ann T/A Breadworks 1991 4217 Derby Wharf Virginla Beach, VA 23456 Hebert, Lovella E. T/A Creative Collectlons 913 Dunhlll Drlve Virginia Beach, VA 23464 Hopkins, Daniel M. T/A ABC Buslness Systems 310 Windship Cove Virglnia Beach, VA 23454 Audlt 12.00 1990-91 Audit 57.81 1991 Audit 421.17 Certified as to Payment ) --.AI" /-$~ ~--=>// .;/ // ~, ~¿~~~ ~~obert P Vaugh~ CommIssioner of the Revenue Approved as to form ~-~ City Attorney 12.00 57.81 421.17 - This ordInance shall be effectIve from date of adoption The above abatement(s} totaling S 490. gg of the CIty of Virginia Beach on the Ruth Hodges Smith City Clerk were approved by the Council I) day of .Ta.n11~ry , 19 93 FORM NO C A 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Revenue are hereby approved. That the following applications for license refunds, upon certification of the Commissioner of the NAME Total License Year Date Paid Int Imagination Systems Inc. 5752 Princess Anne Road Virginia Beach, VA 23462 Base Penalty 1989-92 Audit 3,965.52 Johnson Controls Compo Systems Attn: J. L. Brown 1991 7315 N. Atlantic Avenue Cape Canaveral, FL 32920 Karate Masters Inc. T/A Karate Masters 801 Volvo Parkway #120 Chesapeake, VA 23320 Audit 2,842.00 1991-92 Audit 267.84 3,965.52 2,842.00 267.84 Certified as to Payment /~~ ,;;?~,Ç ~~~ - - - -- --- (¿---Robert P Vaughan / Commissioner of the' Revenue ^pprn\lprl R~ tn fnrrn FOAM NO C Þ.. B REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the following applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved. NAME License Year Date Paid Int Total Base Penalty McDona1ds Corporatlon 1990-92 T/A McDona1ds Corporatlon #4957 1 MacDona1ds Plaza Oakbrook, IL 60521 Audit 506.23 Mothercare Stores Inc. T/A Mothercare 306 90 Enterprise Avenue S. Secaucus, NJ 07094 1991 Audit 273.85 Optlrnum Investment Group Inc. T/A Jenny Cralg Weight Loss Center 3279 C11nt Moore Road Apt. 105 Boca Raton, FL 33496-3360 1990-92 Audit 125.82 Certified as to Payment - / ----' ,,/ / ) -/:.- / ~ P.~ ../0-- ~~ - ¿--- f:tobert P Vaughan, Commissioner of the Revenue Approved as to form L.: site L Lilley City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaltng $ 905.90 were approved by the Council of the City of Virginia Beach on the day of ~ anuary .19 93 5 Ruth Hodges Smith City Clerk 506.23 273.85 125.82 FORM NO C A 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved. NAME License Year Date Paid Base Penalty Int Total S & W Builders Inc. 1129 Red Mill Blvd. Virginia Beach, VA 23454 1990 Audit 21.51 21.51 Waban Inc. T/A B J's Wholesale Club 1 Mercer Road Natlck, MA 01760 1990-92 Audit 12,860.66 12,860.66 Certified as to Payment 7 ~~ 2. ~ ~ ---::;:;;r' - - .; ~ - /éÇ --, \-l æ r'~ -- ----- - // R // /' - ---/ - obert P Vaugha9--< Commissioner of' thê Revenue Approved as to form .~ City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 12,882.17 were approved by the Council of the City of Virginia Beach on the 5 day of J anuarv ,19~ Ruth Hodges Smith City Clerk " , '" - 25- ~ CONSENT AGENDA ITEM # 36387 Upon motion by VIce Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $10,577.38 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 5, 1993 FORM NO C A 7 12/2/92 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Year Type of Tax TIcket Number Exonera- tIon No. Date PaId Penalty I nt. Total Virginia Metronet Inc 92 PS 18/19 6/2/q2 8,501.00 Standard Federal S&L 92 RE(1/2) 119196 11/26/91 32.70 James E Mace & Elizabeth 91 RE(1/2) 69487-7 12/5/90 163.10 James E Mace & Elizabeth 91 RE(2/2) 69487-7 6/5/91 163.10 James E Mace & Elizabeth 90 RE(1/2) 68315-8 12/4/89 136.21 James E Mace & Elizabeth 90 RE(2/2) 68315-8 6/5/90 136.21 James E Mace & Elizabeth 89 RE(1/2) 67235-0 12/1/88 127.57 James E Mace & Elizabeth 89 RE(2/2) 67235-0 6/5/89 127.57 Donald F Damon N/A Pknq 397611 9/4/92 12.00 Ben P Brown N/A Pknq 388503 6/30/92 12.00 Total 9,411.46 This ordinance shall be effective from date of adoption. The above abatement(s) totaling -$9,411 .46 were approved by the Council of the City of Virginia Beach on the--Í- day of .January 1993 Approved as to form. Ruth Hodges Smith City Clerk FORM NO C A 7 12/16/92 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applicatIOns for tax refunds upon certification of the Treasurer are hereby approved NAME Tax Type Ticket Exonera- Date Penalty I nt. Total Year of Tax Number tion No Paid Clifton W Golden 92 RE(1/2) 43121-3 12/5/91 104.42 Sam B Archbell 92 RE(1/2) 3011-0 12/5/91 306.57 Sam B Archbell 92 RE(2/2) 3022-0 12/5/91 306.57 Life Savlngs Bank 92 RE(1/2) 63889-3 12/5/91 77.62 Life Savings Bank 92 RE(2/2) 63889-3 6/5/92 77.62 Life Savings Bank 91 RE(1/2) 63296-1 12/5/90 73.49 Life Savings Bank 91 RE(2/2) 63296-1 6/5/91 73.49 Life Savings Bank 90 RE(1/2) 62287-5 12/5/89 69.57 Life Savings Bank 90 RE(2/2) 62287-5 6/5/90 69.57 Raymond Lewis 93 Dog V08192 11/20/92 7.00 Total 1,165.92 This ordinance shall be effective from date of adoption. The above abatement(s) totaling ~1, 165.92 were approved by the Council of the City of Virginia Beach on the-.5- day of Janll~ry 1993 Approved as to form Ruth Hodges Smith City Clerk - 26- ~ APPOINTMENTS ITEM # 36388 Upon NOMINATION by Councilman Jones, City Council REAPPOINTED: SCHOOL BOARD Dr. M. Boyd Jones Bayside Borough 3 -year term 1/1/93 thru 12/31/95 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Councilman Moss DISCLOSED pursuant to Section 2.1-639.15(G) of the Code of Vzrginia, his wife was currently employed by the City of Vzrginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part of the record. January 5, 1993 - 27- ~ APPOINTMENTS ITEM # 36389 Upon NOMINATION by Councilman Dean, City Council REAPPOINTED: SCHOOL BOARD Robert M. Hall Princess Anne Borough 3 -year term 1/1/93 thru 12/31/95 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None .CounCÜ11Uln Moss DISCLOSED pursuant to Section 2.1-639.15(G) of the Code of VIrginia, his wIfe was currently employed by the City of VIrginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part of the record. January 5, 1993 - 28- ~ AP PO INTMENTS ITEM # 36390 Upon NOMINATION by Councilman Branch, City Council APPOINTED: SCHOOL BOARD Admiral Donald L. Felt Vlrginiß Beach Borough 3 -year term 1/1/93 thru 12/31/95 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None .Councilman Moss DISCLOSED pursuant to Section 2.1-639.15(G) of the Code of VIrginia, his wife was currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part of the record. January 5, 1993 - 29- ~ APPOINTMENTS ITEM # 36391 Upon NOMINATION by Vzce Mayor Sessoms, City Council REAPPOINTED: HUMAN RIGHTS COMMISSION Cheryl J. Avery-Hargrove Dr. Joshua F. Edwards Madeline B. Nevala 3 -year term 2/1/93 thru 1/31/96 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 5, 1993 - 30- ~ UNFINISHED BUSINESS ITEM # 36392 ADD-ON Upon motion by VIce Mayor Sessoms, seconded by Councilman Dean, City Council: EXTENDED PREVIOUS DEFERRAL from January 26, 1993 to February 23, 1993: Ordinance upon application of WILLIAMS HOLDING CORPORATION AND JOSEPH E. AND JACK P. BURROUGHS for a Conditional Use Permit for single family homes in the AG-1 and AG-2 Agricultural Districts. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 5, 1993 -- - ---- - 31 - Item IY-J.2. UNFINISHED BUSINESS ITEM # 36392 ADD-ON Mayor Obemdorf referenced letter from the State forwarded by the City Manager advising they would not be interested in renewing the City ~ rental for the Red Wing Golf Course, unless the City agrees to a much higher rental fee of $10.00 to fair market value. The City Manager advised he is pursuing with Delegate Croshaw what will hopefully, be a much more progressive solution for the benefit of the citizens. January 5, 1993 - 32- ~ UNFINISHED BUSINESS ITEM # 36393 ADD-ON Mayor Oberndorf referenced the agricultural survey information from VIrginia Tech. The City Manager advised the results of the survey will be presented prior to discussion by the City Council concerning the southern portion of the City. Councilman Baum advised Dr. Mike Chandler is the professional analyzing the information and he is also involved in other projects. January 5, 1993 - 33- l1mL.lY=-KL.. NEW BUSINESS ITEM # 36394 ADD-ON Councilman Moss referenced his forwarding a DRAFT Resolution during the Holidays regarding the private/public sector competition concerning the Stormwater Utility Fee. This Resolution will be SCHEDULED for the City Council Session of January 26, 1993. Councilman Moss would be most appreciative of Council comments. January 5, 1993 - 34- Item ¡Y-K2. NEW BUSINESS ITEM # 36395 ADD-ON Mayor Oberndorf referenced the "FEASIBILITY OF A GRAND PRIX RACE" Report in the City of Virginia Beach prepared by Patricia Phillips in January 1989. Mayor Oberndorf will forward copies of this report. Mayor Oberndorf requested City Council consider this matter and perhaps have Vuginia Beach Events investigate the possibility of utilizing Dam Neck for this purpose. January 5, 1993 - 35- Item W-K4. NEW BUSINESS ITEM # 36396 ADD-ON Council Lady Parker referenced the City Manager's update and expressed concerns relative the courts delay in moving into the Judicial Center. The City Manager advised there will be no cost involved. This delay is simply to coordinate with the Judges on a smooth transition. The Judges actually preferred a later date. January 5, 1993 - - 36- ~ NEW BUSINESS ITEM # 36397 ADD-ON Council Lady Parker referenced the acquisition notice advising if anyone is interested in selling thier property in Transition Area III to contact Mr. Lawson in Real Estate. Council Lady Parker expressed concern relative the City in competition regarding golf courses. City Council advised these letters actually involved the proposed Soccer Complex. January 5, 1993 - 37- ~ ADJOURNMENT ITEM # 36298 Upon motion by Councilman Baum and by CONSENSUS, City Council ADJOURNED the Meeting at 4: 50 P.M. ~ R-: ¿Ç:~- - - - - - - - Beverly O. Hooks, CMC Chief Deputy City Clerk ~-~------- Ruth Hodges Smith, CMC/AAE City Clerk ------------------------ Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 5, 1993