MAY 3, 2005 AGENDAI CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At -Large
VICE MAYOR LOUIS R. JONES, Bayside -District 4
HARRY E. DIEZEL Kempsville -District 2
ROBERT M DYER, Centerville - District I
REBA S McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At -Large
RONA. VILLANUEVA, At -Large
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY- LESLIEL. LILLEY
CiTYCLERK - RUTH HODGES SMITH, WC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
03 May 2005
I. BUDGET WORKSHOP - Conference Room -
A. RECONCILIATION — Resource Management Plan
II. COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
E- MAIL: Ctycncl@vbgov.com
V. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
1:00 PM
5:00 PM
VI. FORMAL SESSION - Council Chamber - 6:00PXd
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Father Sal Anonuevo
Pastor, St. Luke's Catholic Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. SPECIAL SESSION April 19, 2005
2. INFORMAL AND FORMAL SESSIONS April 26, 2005
G. AGENDA FOR FORMAL SESSION
H. PRESENTATION
VIRGINIA BEACH RESCUE SQUAD FOUNDATION — (loan payoff)
Peter Agelasto, President
Jay Leach, Past Captain
I. PUBLIC HEARINGS
1. JOINT LAND USE STUDY
2. REAL and PERSONAL PROPERTY TAX Proposed Exemptions
J. CONSENT AGENDA
K. ORDINANCES
Ordinances to EXEMPT, in accordance with §58.1-3651 of the Virginia Code, the following
organizations from local Real and Personal Property taxation:
a. American Lebanese Syrian Associated Charities, Inc.
b. Citizen's Committee for Fairness, Honesty and Justice, Inc.
c. Enhanced Classroom Resources
d. Friends of the Library, Virginia Beach, Inc.
Greater Atlantic Rescue Dogs, Inc.
2. Ordinance to ESTABLISH the Virginia Beach Advertising Agency Selection Committee.
3. Ordinance to AUTHORIZE a temporary encroachment for BRIAN JONES into a portion of the
right -of way at 2409 Broad Bay Road to construct and maintain a boatlift, existing piles, pier and
rip rap on Island Lake.
4. Ordinances to ACCEPT and APPROPRIATE:
a. $25,000 from the Virginia Beach Foundation to the Department of Parks and Recreation FY-
2004 Operating Budget re construction of a climbing wall at Seatack Recreation Center.
b. $150,000 from the U.S. Department of the Interior, "Save America's Treasures" Grant (SAT)
re Adam Thoroughgood House exterior moisture damage repair and AUTHORIZE
execution of a Perpetual Preservation Easement.
5. Ordinance to TRANSFER $108,000 from the General Fund Reserve for Contingencies to the FY
2004-05 City Treasurer's operating budget re additional funding for postage.
L. APPOINTMENTS
COMMUNITY POLICY AND MANAGEMENT TEAM — CSA AT RISK
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
OPEN SPACE SUBCOMMITTEE
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
PERSONNEL BOARD
SHORE DRIVE COMMITTEE
TOWING ADVISORY BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
PUBLIC COMMENTS
Non -Agenda Items
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
2005-2006 RESOURCE MANAGEMENT PLAN SCHEDULE
EVENT TOPIC LOCATION DATE
Reconciliation Council May 3, 2005
Workshop Conference Room
Adoption of FY City Council Vote on Resource Council Chamber May 10, 2005
2005-2006 Management Plan 6: 00 P.M.
Resource
Management
Plan
Agenda/3/31 /05\gw
www.vbg0v.c0m
I. BUDGET WORKSHOP - Conference Room - 1:00 PM
A. RECONCILIATION — Resource Management Plan
II. COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V. INFORMAL SESSION - Conference Room - 5:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - Council Chamber -
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Father Sal, Anonuevo
Pastor, St. Luke's Catholic Church
6:OOPA1
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. SPECIAL SESSION
2. INFORMAL AND FORMAL SESSIONS
G. AGENDA FOR FORMAL SESSION
April 19, 2005
April 26, 2005
11P0011tt1'*11tt
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
PUBLIC HEARINGS
1. JOINT LAND USE STUDY
2. REAL and PERSONAL PROPERTY TAX Proposed Exemptions
Ad # ; 13116664 Date ', 04/27/2005 Time j 11:05 AM
PUSUCHEAWNG
JOINT LAND USE STWY
"be Viqjnia. Beach City l ", wil. on Tix*cL , May 3, 2005, at -ryi
psn., in the City Canal Chainber, secondtl€or, City Hal D-sildii
24011 Courthouse i*, Virginia Beach,'+Iirgir=ia, mill hold a Riblic
He@hng ion rn4-sgthe pint Land Use Stxxty, Al 0 terested per-
sons are ir�mtect to atterid aW sWirnit cornrnents,
Tie Study is available for public revie"r at all city I ib aries and
rnay be accessed from the city's wreh site, at w.V"n.vbgpv.com/j l
For further information, contact the Virginia Beach planning
Depart at at ( 5T) 47TA62 .
Ruth 14adgos'inith, MUIC
City CleC
131 6rP34
Ad shown is not actual print size
NOTICE OF PUBLIC BEARING
Proposed Exemptions From
Real and Personal Property Taxation
The Virginia Beach City Council, on Tuesday, May 3, 2005, at 6:00
p.m. in the City Council Chamber, second floor, City Hall Building,
2401 Courthouse Drive, Virginia Beach, Virginia, will hold a Public
Hearing on ordinances to exempt the following entities from local
real and/or personal property taxes:
1. American Lebanese Syrian Associated Charities, Inc.
Personal Property Assessment: $12,850
Personal Property Taxes Due: $486.55
Real Property Assessment/Taxes Due: None
2. Enhanced Classroom Resources
Personal Property Assessment: $1,268.40
Personal Property Taxes Due: $46.93
Real Property Assessment/Taxes Due: None
3. Citizens' Committee for Fairness, Honesty & Justice, Inc.
Personal Property Assessment: $4,835.20
Personal Property Taxes Due: $178.90
Real Property Assessment/Taxes Due: None
4. Friends of the Library, Virginia Beach, Inc.
Personal Property Assessment: $4,584.00
Personal Property Taxes Due: $169.60
Real Property Assessment/Taxes Due: None
5.. Greater Atlantic Rescue Dogs, Inc.
Personal Property Assessment: $4,028
Personal Property Taxes Due: $149.03
Real Property Assessment/Taxes Due: None
Copies of the proposed exemption ordinances are on file in the
office of the City Clerk. All interested persons are welcome to
appear at the hearing and present their views on the proposed
exemptions. If you are physically disabled, or hearing or visually
impaired, and you need assistance at this meeting, please call
427-4305 Voice/TDD.
Ruth Hodges Smith, MMC
City Clerk
VP Beacon April 24, 2005 13081302
CONSENT AGENDA
K. ORDINANCES
Ordinances to EXEMPT, in accordance with §58.1-3651 of the Virginia Code, the following
organizations from local Real and Personal Properly taxation:
a. American Lebanese Syrian Associated Charities, Inc.
b. Citizen's Committee for Fairness, Honesty and Justice, Inc.
c. Enhanced Classroom Resources
d. Friends of the Library, Virginia Beach, Inc.
e. Greater Atlantic Rescue Dogs, Inc.
2. Ordinance to ESTABLISH the Virginia Beach Advertising Agency Selection Committee.
3. Ordinance to AUTHORIZE a temporary encroachment for BRIAN JONES into a portion of the
right -of way at 2409 Broad Bay Road to construct and maintain a boatlift, existing piles, pier and
rip rap on Island Lake.
4. Ordinances to ACCEPT and APPROPRIATE:
a. $25,000 from the Virginia Beach Foundation to the Department of Parks and
Recreation FY-2004 Operating Budget re construction of a climbing wall at Seatack
Recreation Center.
b. $150,000 from the U.S. Department of the Interior, "Save America's Treasures"
Grant (SAT) re Adam Thoroughgood House exterior moisture damage repair and
AUTHORIZE execution of a Perpetual Preservation Easement.
5. Ordinance to TRANSFER $108,000 from the General Fund Reserve for Contingencies to the FY
2004-05 City Treasurer's operating budget re additional funding for postage.
ft S�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Designate American Lebanese Syrian Associated Charities,
Inc. as Being Exempt from Local Real and Personal Property Taxation
MEETING DATE: May 3, 2005
■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that
property used by its owner for religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes may be exempted from taxation by
classification or designation by an ordinance adopted by the local governing body. Prior
to January 1, 2003, such exemptions could only be granted by the General Assembly.
At §58.1-3651 of the Virginia .Code, the process is set forth for designating
specific organizations as being exempt from local taxation, and a list of factors for the
local governing body to consider is set forth. They are:
1. Whether the organization is exempt from taxation pursuant to § 501 (c) of
the Internal Revenue Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control
Board to such organization, for use on such property;
3. Whether any director, officer, or employee of the organization is paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer, or
employee actually renders;
4. Whether any part of the net earnings of such organization inures to the
benefit of any individual, and whether any significant portion of the service
provided by such organization is generated by funds received from
donations, contributions, or local, state or federal grants. As used in this
subsection, donations shall include the providing of personal services or
the contribution of in -kind or other material services;
5. Whether the organization provides services for the common good of the
public;
6. Whether a substantial part of the activities of the organization involves
carrying on propaganda, or otherwise attempting to influence legislation
and whether the organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office;
7. The revenue impact to the locality and its taxpayers of exempting the
property; and
8. Any other criteria, facts and circumstances that the governing body deems
pertinent to the adoption of such ordinance.
■ Considerations The Community Organization Grant (COG) Committee has
reviewed the application and recommended that the exemptions should be granted. The
assessed value of personal property for which an exemption is requested is $12,850.00;
the applicant currently owns no real property.
■ Public Information: A public hearing on this matter has been advertised for
May 3, 2005.
■ Attachments: Ordinance
Recommended Action:
Submitting Department/Agency: City Council
City Manager:
1 AN ORDINANCE TO DESIGNATE AMERICAN
2 LEBANESE SYRIAN ASSOCIATED
3 CHARITIES, INC., AS BEING EXEMPT
4 FROM LOCAL REAL AND PERSONAL
5 PROPERTY TAXATION
6 WHEREAS, in accordance with Section 58.1-3651 of the Code of
7 Virginia, the
Council of
the City
of Virginia Beach has advertised
8 and conducted
a public
hearing
on the issue of granting an
9
exemption
from local
property taxes to American Lebanese Syrian
10
Associated
Charities,
Inc.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13 1. That the Council of the City of Virginia Beach, Virginia,
14 hereby designates American Lebanese Syrian Associated Charities,
15 Inc., as a charitable organization within the context of ' 6(a)(6)
16 of Article X of the Constitution of Virginia.
17 2. That personal property owned by American Lebanese Syrian
18 Associated Charities, Inc., located within the City of Virginia
19 Beach that is used exclusively for charitable purposes on a
20 nonprofit basis is hereby exempt from local property taxation.
21 3. This exemption is contingent on the following:
22 (a) continued use of the personal property by American
23 Lebanese Syrian Associated Charities, Inc., for
24 exclusively charitable purposes;
25
(b) that each
July 1,
American Lebanese Syrian
26
Associated
Charities,
Inc., shall file with the
27 Commissioner of the Revenue a copy of its most
28
recent federal income tax return, or, if no such
29
return is required, it shall certify its continuing
30
tax exempt status to the Commissioner of the
31
Revenue; and
32
(c)
That every three years, beginning on July 1, 2008,
33
American Lebanese Syrian Associated Charities,
34
Inc., shall file with the Commissioner of the
35
Revenue an application for continuation of the
36
exemption.
37
4. That
the effective date of this exemption shall be July
38
1, 2005.
39
Adoption
requires the affirmative vote of three -fourths of all
40
members of the
City Council.
41
Adopted
by the Council of the City of Virginia Beach,
42
Virginia, on
the day of , 2005.
CA-9540
H:\PA\GG\ORDRES\American Lebanese.doc
R-3
April 18, 2005
APPROVED AS TO LEGAL SUF ICIENCY:
/) ) jz � / -
C ty Attorneys Off ice
2
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Designate Citizens' Committee for Fairness, Honesty &
Justice, Inc., as Being Exempt from Local Real and Personal Property
Taxation
MEETING DATE: May 3, 2005
■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that
property used by its owner for religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes may be exempted from taxation by
classification or designation by an ordinance adopted by the local governing body. Prior
to January 1, 2003, such exemptions could only be granted by the General Assembly.
At § 58.1-3651 of the Virginia Code, the process is set forth for designating
specific organizations as being exempt from local taxation, and a list of factors for the
local governing body to consider is set forth. They are:
Whether the organization is exempt from taxation pursuant to § 501 (c) of
the Internal Revenue Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control
Board to such organization, for use on such property;
3. Whether any director, officer, or employee of the organization is paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer, or
employee actually renders;
4. Whether any part of the net earnings of such organization inures to the
benefit of any individual, and whether any significant portion of the service
provided by such organization is generated by funds received from
donations, contributions, or local, state or federal grants. As used in this
subsection, donations shall include the providing of personal services or
the contribution of in -kind or other material services;
5. Whether the organization provides services for the common good of the
public;
6. Whether a substantial part of the activities of the organization involves
carrying on propaganda, or otherwise attempting to influence legislation
and whether the organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office;
7. The revenue impact to the locality and its taxpayers of exempting the
property; and
8. Any other criteria, facts and circumstances that the governing body deems
pertinent to the adoption of such ordinance.
■ Considerations The Community Organization Grant (COG) Committee has
reviewed the application and recommended that the exemptions should be granted.
■ Public Information: A public hearing on this matter has been advertised for
May 3, 2005
■ Attachments: Ordinance
Recommended Action:
Submitting Department/Agency:
City Manager:
HAP&A \GG\Ord & Res \ARF's\Citizens' Committee.tax.arf.doc
1 AN ORDINANCE TO DESIGNATE CITIZENS'
2 COMMITTEE FOR FAIRNESS, HONESTY &
3 JUSTICE, INC., AS BEING EXEMPT FROM
4 LOCAL REAL AND PERSONAL PROPERTY
5 TAXATION
6 WHEREAS, in accordance with § 58.1-3651 of the Code of
7 Virginia, the Council of the City of Virginia Beach has advertised
8 and conducted a public hearing on the issue of granting an
9 exemption from local property taxes to Citizens' Committee for
10 Fairness, Honesty & Justice, Inc.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
1.
That the
Council of
the City of
Virginia Beach,
Virginia,
14
hereby
designates
Citizens'
Committee
for Fairness,
Honesty &
15 Justice, Inc., as a charitable organization within the context of §
16 6(a)(6) of Article X of the Constitution of Virginia.
17
2.
That personal property owned by Citizens'
Committee
for
18
Fairness,
Honesty & Justice, Inc., located within
the City
of
19 Virginia Beach that is used exclusively for charitable purposes on
20
a nonprofit basis is hereby
exempt from
local property taxation.
21
3. This exemption is
contingent
on the following:
22
(a) continued use of the
property by Citizens'
23 Committee for Fairness, Honesty & Justice, Inc.,
24 for exclusively charitable purposes;
25
(b) that each
July 1, Citizens'
Committee for
Fairness,
26
Honesty
& Justice, Inc.,
shall file
with the
27 Commissioner of the Revenue a copy of its most
28 recent federal income tax return, or, if no such
29 return is required, it shall certify its continuing
30 tax exempt status to the Commissioner of the
31 Revenue; and
32 (c) That every three years, beginning on July 1, 2008,
33 Citizens' Committee for Fairness, Honesty &
34 Justice, Inc., shall file with the Commissioner of
35 the Revenue an application for continuation of the
36 exemption.
37 4. That the effective date of this exemption shall be July
38 1, 2005.
39 Adoption requires the affirmative vote of three -fourths of the
40 members of the City Council.
41 Adopted by the Council of the City of Virginia Beach,
42 Virginia, on the day of , 2005.
CA-9543
H:\PA\GG\ORDRES\Citizens committee ordin.doc
R-4
April 18, 2005
APPROVED AS TO LEGAL 9UFFI IENCY:
City Attorney's Office
LA BZ-4
�E g
� �t • 7
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Designate Enhanced Classroom Resources as Being
Exempt from Local Real and Personal Property Taxation
MEETING DATE: May 3, 2005
■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that
property used by its owner for religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes may be exempted from taxation by
classification or designation by an ordinance adopted by the local governing body. Prior
to January 1, 2003, such exemptions could only be granted by the General Assembly.
At § 58.1-3651 of the Virginia Code, the process is set forth for designating
specific organizations as being exempt from local taxation, and a list of factors for the
local governing body to consider is set forth. They are:
Whether the organization is exempt from taxation pursuant to § 501 (c) of
the Internal Revenue Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control
Board to such organization, for use on such property;
3. Whether any director, officer, or employee of the organization is paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer, or
employee actually renders;
4. Whether any part of the net earnings of such organization inures to the
benefit of any individual, and whether any significant portion of the service
provided by such organization is generated by funds received from
donations, contributions, or local, state or federal grants. As used in this
subsection, donations shall include the providing of personal services or
the contribution of in -kind or other material services;
5. Whether the organization provides services for the common good of the
public;
6. Whether a substantial part of the activities of the organization involves
carrying on propaganda, or otherwise attempting to influence legislation
and whether the organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office;
7. The revenue impact to the locality and its taxpayers of exempting the
property; and
8. Any other criteria, facts and circumstances that the governing body deems
pertinent to the adoption of such ordinance.
■ Considerations The Community Organization Grant (COG) Committee has
reviewed the application and recommended that the exemptions should be granted.
The assessed value of personal property for which an exemption is requested is
$1,268.40; the applicant currently owns no real property.
■ Public Information: A public hearing on this matter has been advertised for
May 3, 2005
■ Attachments: Ordinance
Recommended Action:
Submitting Department/Agency:
City Manager:
HAP&A \GG\Ord & Res \ARF's\Citizens' Committee.tax.arf.doc
1
2
3
4
5
P
7
8
9
10
11
12
13
17
18
19
20
21
22
23
24
25
26
AN ORDINANCE TO DESIGNATE ENHANCED
CLASSROOM RESOURCES AS BEING EXEMPT
FROM LOCAL REAL AND PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with § 58.1-3651 of the Code of
Virginia, the Council of the City of Virginia Beach has advertised
and conducted a public hearing on the issue of granting an
exemption from local property taxes to Enhanced Classroom
Resources.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia,
hereby designates Enhanced Classroom Resources as a charitable
organization within the context of § 6 (a) (6) of Article X of the
Constitution of Virginia.
2. That personal property owned by Enhanced Classroom
Resources located within the City of Virginia Beach that is used
exclusively for charitable purposes on a nonprofit basis is hereby
exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by Enhanced Classroom
Resources for exclusively charitable purposes;
(b) that each July 1, Enhanced Classroom Resources
shall file with the Commissioner of the Revenue a
copy of its most recent federal income tax return,
or, if no such return is required, it shall certify
27
its continuing tax exempt status to the
28
Commissioner of the Revenue; and
29
(c)
That every three years, beginning on July 1, 2008,
30
Enhanced Classroom Resources shall file with the
31
Commissioner of the Revenue an application for
32
continuation of the exemption.
33
4. That
the effective date of this exemption shall be July
34
1, 2005.
35
Adoption
requires the affirmative vote of three -fourths of the
36
members of the
City Council.
37
Adopted
by the Council of the City of Virginia Beach,
38
Virginia, on
the day of , 2005.
CA-9542
H:\PA\GG\ORDRES\Enhanced Classroom.doc
R-2
March 3, 2005
APPROVED AS TO LEGAL SUFFICIENCY:
1Al
j ill
City Attorney's Office
2
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Designate Friends of the Library, Virginia Beach, Inc. as
Being Exempt from Local Real and Personal Property Taxation
MEETING DATE: May 3, 2005
■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that
property used by its owner for religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes may be exempted from taxation by
classification or designation by an ordinance adopted by the local governing body. Prior
to January 1, 2003, such exemptions could only be granted by the General Assembly.
Section 58.1-3651 of the Virginia Code sets forth the process for designating
specific organizations as being exempt from local taxation, and a list of factors for the
local governing body to consider is set forth. They are:
1. Whether the organization is exempt from taxation pursuant to § 501 (c) of
the Internal Revenue Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control
Board to such organization, for use on such property;
3. Whether any director, officer, or employee of the organization is paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer, or
employee actually renders;
4. Whether any part of the net earnings of such organization inures to the
benefit of any individual, and whether any significant portion of the service
provided by such organization is generated by funds received from
donations, contributions, or local, state or federal grants. As used in this
subsection, donations shall include the providing of personal services or
the contribution of in -kind or other material services;
5. Whether the organization provides services for the common good of the
public;
6. Whether a substantial part of the activities of the organization involves
carrying on propaganda, or otherwise attempting to influence legislation
and whether the organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office;
7. The revenue impact to the locality and its taxpayers of exempting the
property; and
8. Any other criteria, facts and circumstances that the governing body deems
pertinent to the adoption of such ordinance.
■ Considerations The Community Organization Grant (COG) Committee has
reviewed the application and recommended that the exemptions should be granted. The
assessed value of personal property for which an exemption is requested is $4,584.00;
the applicant currently owns no real property.
■ Public Information: A public hearing on this matter has been advertised for
May 3, 2005.
■ Attachments: Ordinance
Recommended Action:
Submitting Department/Agency: City Council
City Manager:
1 AN ORDINANCE TO DESIGNATE FRIENDS OF
2 THE LIBRARY, VIRGINIA BEACH, INC.,
3 AS BEING EXEMPT FROM LOCAL REAL AND
4 PERSONAL PROPERTY TAXATION
5 WHEREAS, in accordance with § 58.1-3651 of the Code of
6 Virginia, the Council of the City of Virginia Beach has advertised
7 and conducted a public hearing on the issue of granting an
8 exemption from local property taxes to Friends of the Library,
9 Virginia Beach, Inc.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12 1. That the Council of the City of Virginia Beach, Virginia,
13 hereby designates Friends of the Library, Virginia Beach, Inc., as
14 a cultural organization within the context of § 6(a)(6) of Article
15 X of the Constitution of Virginia.
16 2. That personal property owned by Friends of the Library,
17 Virginia Beach, Inc., located within the City of Virginia Beach
18 that is used exclusively for cultural purposes on a nonprofit basis
19 is hereby exempt from local property taxation.
20 3. This exemption is contingent on the following:
21 (a) continued use of the property by Friends of the
22 Library, Virginia Beach, Inc., for exclusively
23 cultural purposes;
24 (b) that each July 1, Friends of the Library, Virginia
25 Beach, Inc., shall file with the Commissioner of
26 the Revenue a copy of its most recent federal
27 income tax return, or, if no such return is
28 required, it shall certify its continuing tax
29 exempt status to the Commissioner of the Revenue;
30 and
31 (c) That every three years, beginning on July 1, 2008,
32 Friends of the Library, Virginia Beach, Inc., shall
33 file with the Commissioner of the Revenue an
34 application for continuation of the exemption.
35 4. That the effective date of this exemption shall be July
36 1, 2005.
37 Adoption requires the affirmative vote of three -fourths of the
38 members of the City Council.
39 Adopted by the Council of the City of Virginia Beach,
40 Virginia, on the day of , 2005.
CA-9544
H:\PA\GG\ORDRES\Friends.doc
R-4
April 18, 2005
APPROVED AS TO LEGAL SUF CIENCY:
City Attorneys Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Designate Greater Atlantic Rescue Dogs, Inc. as Being
Exempt from Local Real and Personal Property Taxation
MEETING DATE: May 3, 2005
■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that
property used by its owner for religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes may be exempted from taxation by
classification or designation by an ordinance adopted by the local governing body. Prior
to January 1, 2003, such exemptions could only be granted by the General Assembly.
Section 58.1-3651 of the Virginia Code sets forth the process for designating
specific organizations as being exempt from local taxation, and a list of factors for the
local governing body to consider is set forth. They are:
1. Whether the organization is exempt from taxation pursuant to § 501 (c) of
the Internal Revenue Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control
Board to such organization, for use on such property;
3. Whether any director, officer, or employee of the organization is paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer, or
employee actually renders;
4. Whether any part of the net earnings of such organization inures to the
benefit of any individual, and whether any significant portion of the service
provided by such organization is generated by funds received from
donations, contributions, or local, state or federal grants. As used in this
subsection, donations shall include the providing of personal services or
the contribution of in -kind or other material services;
5. Whether the organization provides services for the common good of the
public;
6. Whether a substantial part of the activities of the organization involves
carrying on propaganda, or otherwise attempting to influence legislation
and whether the organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office;
7. The revenue impact to the locality and its taxpayers of exempting the
property; and
8. Any other criteria, facts and circumstances that the governing body deems
pertinent to the adoption of such ordinance.
■ Considerations The Community Organization Grant (COG) Committee has
reviewed the application and recommended that the exemptions should be granted. The
assessed value of personal property for which an exemption is requested is $4,028.00;
the applicant currently owns no real property.
■ Public Information: A public hearing on this matter has been advertised for
May 3, 2005.
■ Attachments: Ordinance
Recommended Action:
Submitting Department/Agency: City Council
City Manager:
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AN ORDINANCE TO DESIGNATE GREATER
ATLANTIC RESCUE DOGS, INC., AS BEING
EXEMPT FROM LOCAL REAL AND PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with § 58.1-3651 of the Code of
Virginia, the Council of the City of Virginia Beach has advertised
and conducted a public hearing on the issue of granting an
exemption from local property taxes to Greater Atlantic Rescue
Dogs, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia,
hereby designates Greater Atlantic Rescue Dogs, Inc., as a
charitable organization within the context of § 6(a)(6) of Article
X of the Constitution of Virginia.
2. That personal property owned by Greater Atlantic Rescue
Dogs, Inc., located within the City of Virginia Beach that is used
exclusively for charitable purposes on a nonprofit basis is hereby
exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by Greater Atlantic
Rescue Dogs, Inc., for exclusively charitable
purposes;
(b) that each July 1, Greater Atlantic Rescue Dogs,
Inc., shall file with the Commissioner of the
Revenue a copy of its most recent federal income
28 tax return, or, if no such return is required, it
29 shall certify its continuing tax exempt status to
30 the Commissioner of the Revenue; and
31 (c) That every three years, beginning on July 1, 2008,
32 Greater Atlantic Rescue Dogs, Inc., shall file with
33 the Commissioner of the Revenue an application for
34 continuation of the exemption.
35 4. That the effective date of this exemption shall be July
36 1, 2005.
37 Adoption requires an affirmative vote of three -fourths of the
38 members of the City Council.
39 Adopted by the Council of the City of Virginia Beach,
40 Virginia, on the day of , 2005.
CA-9545
H:\PA\GG\ORDRES\Rescue Dogs.doc
R-3
April 18, 2005
APPROVED AS TO LEGAL SUF ICIENCY:
City Attorney's Office
2
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Request to create a new ordinance for the purpose of establishing the Virginia
Beach Advertising Agency Selection Committee
MEETING DATE: May 3, 2005
■ Background: In 1988, City Council established an Advertising Advisory Review
Committee to evaluate proposals for the City's advertising and public relations contract.
The committee dissolved upon the award of the contract. Subsequently, in 1991, 1997,
and 2000, Council re-established the committee to provide input on the award of new
contracts when the then -current contracts neared their respective expiration dates. The
City's current contract for advertising and public relations is with the firm of BCF
(formerly known as Barker Campbell & Farley). The contract expires on December 31,
2005, and there are no remaining renewal options.
■ Considerations: All operational, legal, and budgetary considerations have been
reviewed and discussed with the appropriate City departments to ensure compliance
with City and State codes. These considerations include preparation of the draft
Request for Proposals (RFP) for services, legal interpretation of purchasing laws and
policies, and appointment by City Council of a short-term Advertising Agency Selection
Committee. Budget appropriations for advertising, publicity, and promotional materials
will be dispersed through existing accounts with BCF for work completed during the
remainder of calendar year 2005, and to the agency chosen by the Advertising Agency
Selection Committee beginning January 1, 2006. No federal funding is involved.
■ Public Information: The requests for proposals for the subject advertising and
public relations contract will be announced in local and national publications.
■ Alternatives:
(1) A City Council -appointed Advertising Agency Selection Committee chooses the
City's advertising and public relations agency. This procedure has worked well in the
past. The committees have been comprised of members from the private sector and
City staff.
(2) City Council directs the City Manager to establish a City staff committee
comprised of members of the departments of Finance/Purchasing, City Attorney,
Convention and Visitors Bureau, and Museums and Cultural Arts. A City staff committee
could competently complete the selection process should City Council determine not to
involve the private sector.
■ Recommendations:
(1) That City Council appoint a committee comprised of members from the private
sector and City staff. It is further recommended that the voting members of the
Advertising Agency Selection Committee be comprised as follows:
A. Representative of the Virginia Beach Hotel Motel Association
B. Representative of the Virginia Beach Restaurant Association
C. Representative of the Virginia Beach Resort Retailers Association
D. Employee of the Virginia Beach Convention and Visitors Bureau
E. Employee of the Virginia Aquarium and Marine Science Center
F. Representative of the Marketing Committee of the Virginia Aquarium Foundation
Board
G. Representative of the Resort Advisory Commission
(2) That the Advertising Agency Selection Committee be appointed at the City
Council meeting on May 3, 2005. The role of the Committee will be to review agency
responses to the RFP, view agency presentations, and determine which agency can
most effectively represent the City of Virginia Beach. The Selection process should be
completed in September 2005 to ensure appropriate planning for the transition of
advertising and publications related activities should the incumbent not be the
successful bidder.
(3) That the draft RFP prepared by City staff asking for proposals for full -service
advertising and public relations firms be distributed to the Advertising Agency Selection
Committee for review and final approval.
(4) That full time advertising and public relations services be performed for the
Convention and Visitors Bureau, Department of Museums and Cultural Arts, and/or any
other City department or agency desiring such services. Departments other than those
specifically listed would not be "required" to use the services of the contracted firm.
(5) That the City again enter into a consolidated advertising and public relations
services agreement with a single agency under one contract. Consolidation of
advertising and public relations contracts under one agency allows simplification and
streamlining of related marketing programs, encourages joint publicity endeavors, and
results in cost benefits for City agencies.
■ Attachments: Ordinance to establish the Virginia Beach Advertising Selection
Committee
Recommended Action: Adoption of ordinance
Submitting Department/Agency: Convention and Visitors Bureau
City Manage . - V , P7�
9-4uo,iJ . i c,4T
1 AN ORDINANCE TO ESTABLISH THE
2 VIRGINIA BEACH ADVERTISING AGENCY
3 SELECTION COMMITTEE
4 WHEREAS, the City's existing contract for advertising and
5 public relations services, and all renewals thereof, will expire on
6 December 31, 2005;
7 WHEREAS, by ordinance adopted June 13, 2000, City Council
8 established an Advertising Agency Selection Committee and appointed
9 representatives of the City and the private sector to examine and
10 evaluate proposals received in response to the City's Request for
11 Proposals for advertising and public relations services;
12 WHEREAS, pursuant to that ordinance, the Committee dissolved
13 automatically when the City awarded a contact for such services;
14 WHEREAS, in the next several months, City staff will be
15 drafting another Request for Proposals to solicit proposals from
16 qualified agencies interested in providing advertising and public
17 relations services to the City beginning January 1, 2006; and
18 WHEREAS, the Convention and Visitors Bureau has recommended
19 that City Council establish a new Advertising Agency Selection
20 Committee, comprised of designated City and private sector
21 representatives, for the purpose of reviewing and approving the RFP
22 prepared by staff, reviewing and evaluating proposals received in
23 response to the RFP, and selecting and recommending to City Council
24 an agency to provide advertising and public relations services to
25 the City.
26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28 1. That City Council hereby establishes the Virginia Beach
29 Advertising Agency Selection Committee;
30 2. That the Committee shall be comprised of the following
31 representative members:
32 a. A representative of the Virginia Beach Hotel and
33 Motel Association;
34 b. A representative of the Virginia Beach Restaurant
35 Association;
36 C. A representative of the Resort Retailers
37 Association;
38 d. An employee of the Convention and Visitors Bureau;
39 e. An employee of the Virginia Aquarium and Marine
40 Science Center;
41 f. A representative of the Marketing Committee of the
42 Virginia Aquarium Foundation Board; and
43 g. A representative of the Resort Advisory Commision.
44 3. That the purpose of the Committee shall be to review and
45 approve the RFP for advertising and public relations services
46 prepared by City staff, to review and evaluate proposals received
47 in response to the RFP, and to select and recommend to City Council
48 an agency to provide advertising and public relations services to
49 the City beginning January 1, 2006; and
50 4. That the Committee shall automatically dissolve upon the
51 City's award of a new contract for the provision of advertising and
52 public relations services to the City.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of
APPROVED AS TO CONTENT:
C vention & Visitors
Bureau
2005.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney s Office
CA9599
H:\P&A\GG\Ord & Res\Virginia Beach Ad Agency ORD.DOC
R-2
April 25, 2005
H,A
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Encroachment request into the City property known as Island Lake from
the adjacent property owner, Brian Jones.
MEETING DATE: M y 3, 2005
■ Background:
Mr. Jones has requested permission to construct and maintain a boatlift, existing
piles, pier and rip rap at the rear of his property located at 2409 Broad Bay Road.
■ Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the agreement.
There are similar encroachments in Island Lake, which is where Mr. Jones has
requested to encroach.
■ Public Information:
Advertisement of City Council Agenda
■ Alternatives:
Approve the encroachment as presented, deny the encroachment, or add
conditions as desired by Council.
■ Recommendations:
Approve the request subject to the terms and conditions of the agreement.
■ Attachments:
Ordinance, Agreement, Plat, Location Map and Pictures.
Recommended Action: Approval of the ordinance.
Submitting Department/A ency: Public Works/real Estate
City Manage .
�"O�
XAProjecxsEncroachm 0
WpplicantsUones, n 409 Broad Bay Road RB Boatliftftenda.Frm.doc
1
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
A PORTION OF CITY PROPERTY
LOCATED AT ISLAND LAKE BY BRIAN
JONES, HIS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, Brian Jones desires to construct and maintain a boatlift, existing
piles, pier and rip rap within the City's property located at the rear of 2409 Broad Bay
12 Road.
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WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
City's property subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, Brian Jones, his heirs,
assigns and successors in title are authorized to construct and maintain a boatlift,
existing piles, pier and rip rap in the City's property as shown on the map marked
Exhibits "A" and "B" attached hereto and entitled: "Proposed: NEW BOATLIFT in: Canal
in Island Lake At: 2409 Broad Bay Road City of: VIRGINIA BEACH Applicant: B.
Jones," copies of which are on file in the Department of Public Works and to which
reference is made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
subject to those terms, conditions and criteria contained in the Agreement between the
28 City of Virginia Beach and Brian Jones (the "Agreement"), ,which is attached hereto and
29 incorporated by reference; and
30 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
31 is hereby authorized to execute the Agreement; and
32 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
33 time as Brian Jones and the City Manager or his authorized designee execute the
34 Agreement.
35
36 day of
37
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39
40
41
42
43
44
45
46
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50
51
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2005.
APPROVED AS TO CONTENTS
S (2.
GNATURE
PA) eEj W
DEPARTMENT
AS TO LEGAL
CITY AVO�Y'L/
C 95at
PREPARED: 3/25/05X:\Projects\Encroachments\ApplicantsUones, Brian 2409 Broad Bay Road RB BoatliftkOrdinance
Encroachment.Frm.doc
F: IData IAaYIOrdinfiNa=IEW CRDMIc*5u Jct-as.dx
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(c) (3)
THIS AGREEMENT, made this _ZL�' day of 1� , 2005, by and
between the
3
CITY OF VIRGINIA
BEACH,
VIRGINIA,
a municipal corporation,
Grantor,
"City", and
BRIAN JONES, HIS
HEIRS,
ASSIGNS
AND SUCCESSORS IN
TITLE,
"Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "73", Section One, Bay Island Subdivision as shown on:
"SUBDIVISION OF BAY ISLAND, SECTION ONE" (Map Book 45 at pages 37 and 37A), and
being further designated and described as 2409 Broad Bay Road, Virginia Beach, Virginia
23451-1711;
WHEREAS, it is proposed by the Grantee to construct and maintain a boatlift,
existing piles, pier and rip rap, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City property known as Island
Lake "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN: No GPIN Assigned Island Lake
1499-98-2733
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plats entitled: "Proposed: NEW BOATLIFT
in: Canal in Island Lake At: 2409 Broad Bay Road City of:
VIRGINIA BEACH Applicant: B. Jones," Date: 11/12/04, Datum:
MLW-0.00, prepared by Lynnhaven Dock Corporation, copies of
which are attached hereto as Exhibits "A" and `B" and to which
references are made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
2
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
irantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
Works, for final approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within The
Encroachment Area.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
3
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Brian Jones, the said Grantee has caused this
Agreement to be executed by his/her/their signature. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its behalf by its City Manager and its
seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
C!
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
2005, by CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
r:T7:T"
My Commission Expires:
E
Notary Public
STATE OF
CITY/COUNTY OF -wit:
The foregoing instrument was acknowledged before me this /t/ day of
2005, by Br1an J(, [:
My Commission Expires:QR
APPROVED AS TO CONTENTS
hhGNAT,U- IRE
DEPARTMENT
4� Notary Public
APPROVED AS TO LEGAL
� : u
X:1Projects\Encroachments\Applicants\.Tones, Brian 2409 Broad Bay Road RB BoadiftiAgreement Encroachment.Frm.doc
0
Exhibit "A"
o M
q��lo �
A ISLAND ILj�EXISTING PILES
At, -
15 :.+ .,so
A11,�- N Coca"2 :5
iz-
22' IN LOT 73 w a s �� 2t' In
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— — — APPROX I.IMIiS
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POOL �` �►,.
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APPROX yUMITSS O POROF T
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33.4` t STORY 0.44` t / .:� LOT 74
O.4' IN BRICK & FMAME
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6 ? / D �NSTaLL NE,W
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To �IS7: DIMS.
e,
rr , B,f?OAD BAY RO,4l�_._._____........._._.__.._.
rk�'�� --
DATUM: MLW = 0.00
Adjacent Property Owners: PLAN Proposed: NEW BOATLIFT
. 1G. PoyNt,��
1 �.t�PtiC I in: Canal in Island Lake
2.3 �-� b At: 2409 Broad Bay Road
City of: VIRGINIA BEACH
4. AVER s�� Applicant: B. JONES
5. _ `' 0 ° ' ` " 'N Sheet 2 of 3 Date: 11/12/04
Exhibit "B"
12'-6"
Outside face of pile
to outside face of pile
3
r
J
m
�
ryeCD
3
_ •
,� 42
c
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=3 o
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[DATUM: MLW = 0.00
Adjacent Property Owners:
1. G- royNI^K
2. 6. yMON
3. :17./x,Ni
4.
5.
�o PLAN'-``
S-tS'C lMf, PIsf -
t2"
I�Xlq'fING
ELEVATION Lj
Boatlift to be installed as per the Manufacturers AGL wTK To Bg
recommendations. Material to be aluminum. P?�ob FROM
Final electrical connection to be performed by
a licensed Electrician.�?v/yM�NT
BOATLIFf
DETAILS
l �fylf n�YFiFY.R1T _32AASJ9•.G.9.9HSC6 ^.�•t
Proposed: NEW BOATLIFT
in: Canal in Island Lake
At: 2409 Broad Bay Road
ice; of: VIRGINIA BEACH
Applicant: B. JONES
Sheet 3 of 3 Date: 11/12/04
poor
f
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f a t r
3
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $25,000 from the Virginia Beach
Foundation to the Parks and Recreation Department's FY 2004-05 Operating
Budget to Construct a Climbing Wall at Seatack Recreation Center
MEETING DATE:. May 3, 2005
■ Background: The Seatack Community Recreation Center, under the leadership of the
Virginia Beach Parks and Recreation Department, has created a safe haven for children
and families, and is home to the Seatack Neighborhood Assistance Program (SNAP).
SNAP began in August of 2001 and has been a driving force of support for the children
in the Seatack and oceanfront communities. The Virginia Beach Foundation would like to
provide a gift of $25,000 to the Virginia Beach Department of Parks and Recreation for
the construction of a climbing wall in the Seatack Community Recreation Center.
■ Considerations: A climbing wall is another opportunity for SNAP to continue to grow
and provide more opportunities for children and families to build self-confidence, self-
esteem and an effective avenue for communication. This would be the first vertical
climbing wall installed within our recreation center program. As such, there are obvious
risks associated with the use of the apparatus. Finance/Risk Management has reviewed
the purpose and use, and has provided guidelines to Parks and Recreation on the safe
operation of the climbing wall.
■ Public Information: Public information will be handled through the normal Council
Agenda process.
■ Alternatives: Do not accept this donation, but the climbing wall will not be constructed.
■ Recommendations: Accept and appropriate the gift of $25,000 from the Virginia Beach
Foundation to the Department of Parks and Recreation's FY2004-05 Operating Budget,
for the purpose of installing a climbing wall at Seatack Recreation Center.
■ Attachments:
Ordinance
Notification Letter from Virginia Beach Foundation
Recommended Action: Approval
Submitting Department/Agency: Parks and Recreation
Cind . C irector
City Manager: bY}
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $25,000
2 FROM THE VIRGINIA BEACH FOUNDATION TO THE
3 PARKS AND RECREATION DEPARTMENT'S FY 2004-05
4 OPERATING BUDGET TO CONSTRUCT A CLIMBING WALL
5 AT SEATACK RECREATION CENTER
6 WHEREAS, the Virginia Beach Foundation has provided a
7 $25,000
donation to the Department of
Parks
and
Recreation for the
8 purpose
of constructing a climbing
wall
at
Seatack Recreation
9 Center.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA:
12 That $25,000 from the Virginia Beach Foundation is hereby
13 accepted and appropriated to the Parks and Recreation Department's
14 FY 2004-05 Operating Budget to construct a climbing wall at Seatack
15
Recreation center,
with revenue increased
accordingly.
16
Adopted
by the Council of the
City of Virginia Beach,
17
Virginia, on the
day of
, 2005.
Requires an affirmative vote by a majority of the members
of City Council.
Approved As to Content:
I
Management Services
Approved As To Legal
Sufficiency:
-J� '40� A LIA
City Attorney's Office
CA9597
H:/PA/GG/ORDRES/Parks and Rec Seatack Climbing Wall ORD.doc
R-3
April 21, 2005
-i
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Accept and Appropriate a Save America's Treasures Grant in the
Amount of $150,000 From the United States Department of the Interior (Adam
Thoroughgood House), to Establish CIP # 3-343 (Adam Thoroughgood House
Exterior Moisture Damage Repair) and to Authorize and Direct the City Manager
to Execute a Perpetual Preservation Easement
MEETING DATE: May 3, 2005
■ Background:
The City of Virginia Beach acquired the Adam Thoroughgood House, a 300 year -old
National Historic Landmark, and its collection in September 2003. Staff identified a
number of immediate needs, including mortar repointing, building systems upgrades,
and improvements to environmental controls. A grant was received for a conservation
assessment for the building and collection and that report was completed in November
2004. Moisture, both in the building fabric and in the interior air, has been identified as
the primary problem that requires resolution. The Federal Save America's Treasures
Grant Program (SAT), administered by the National Park Service (NPS), has been
awarded to help the City repair the moisture damage, divert rainwater away from the
building, upgrade electrical and fire detection systems, and improve the building's
environmental control system.
■ Considerations:
The SAT grant will provide $150,000 for repairs and preservation improvements for the
Adam Thoroughgood House. The grant requires a dollar -for -dollar match in the amount
of $150,000. The grant also requires compliance with section 106 of the National
Preservation Act. This compliance will involve coordination with the State Historic
Preservation Officer (SHPO), which is the Virginia Department of Historic Resources
(DHR), for review of plans and specifications for the project. The grant also requires the
City to grant a preservation easement to the SHPO, or to a nonprofit preservation
organization in Virginia acceptable to NIPS, for a period of at least fifty (50) years;
however, the Commonwealth of Virginia Board of Historic Resources requires
preservation easements granted to DHR in perpetuity. The Francis Land House Board
of Governors supports the granting of the preservation easement to DHR, as evidenced
by the attached letter of support. The grant also requires a project sign readable from
the public right-of-way be placed on the site throughout the project term.
CIP # 3-343, Adam Thoroughgood House Exterior Moisture Damage Repair, will be
established for this project. Funds currently held in a dedicated reserve for the Adam
Thoroughgood House plus funds transferred from CIP # 3- 100, Various Buildings
HVAC Rehabilitation and Renewal, will be used as the required matching funds.
The City Manger will be authorized, by the adoption of this ordinance, to grant a deed of
easement to the Commonwealth of Virginia Board of Historic Resources. A sample
easement agreement is attached to this agenda request.
■ Public Information:
A press release about the grant award has been distributed. A public hearing is
required for the conveyance of the preservation easement. Additional information will
be disseminated to the public through the normal process involving the advertisement of
the City Council agenda.
■ Alternatives:
Not accept the grant and not appropriate funds
■ Recommendations:
Adoption of attached ordinance
■ Attachments:
Ordinance
Proposed Deed of Easement
Summary of Terms of Easement
Grant Award Letter
Grant Agreement
Letter of Support from the Francis Land House Board of Governors
Recommended Action: Adoption
Submitting Department/Agency: Museums and Cultural Arts '
City Manager: 1Z,
HAPolicy and Administration\GENERAL GOVERNMENT DIVISION - Team A\Ordinances & Resolutions Prepared for Council\ARF's\Adam
Thoroughgood Repairs Grant.arf.doc
1 ORDINANCE TO ACCEPT AND APPROPRIATE A
2 SAVE AMERICA'S TREASURES GRANT IN THE
3 AMOUNT OF $150,000 FROM THE UNITED
4 STATES DEPARTMENT OF THE INTERIOR (ADAM
5 THOROUGHGOOD HOUSE), TO ESTABLISH CIP #
6 3-343 (ADAM THOROUGHGOOD HOUSE EXTERIOR
7 MOISTURE DAMAGE REPAIR) AND TO AUTHORIZE
8 AND DIRECT THE CITY MANAGER TO EXECUTE A
9 PERPETUAL PRESERVATION EASEMENT
10
11
12 WHEREAS, the Department of the Interior has awarded the
13 City of Virginia Beach a Save America's Treasures grant to
14 resolve moisture problems at the Adam Thoroughgood House; and
15 WHEREAS, as a condition of the aforesaid grant, the City is
16 required to grant a perpetual preservation easement over the
17 property to the Commonwealth of Virginia Board of Historic
18 resources; and
19 WHEREAS, the City Council finds that the granting of such
20 preservation easement is in the public interest;
21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 1. That CIP Project # 3-343, Adam Thoroughgood House
24 Exterior Moisture Damage Repair, is hereby established
25 in the Capital Improvement Program for the purpose of
26 funding repairs and preservation improvements for the
27 Adam Thoroughgood House;
28 2. That $150,000 is hereby accepted from the United
29 States Department of Interior and appropriated to CIP
30 Project # 3-343, Adam Thoroughgood House Exterior
31 Moisture Damage Repair, in the FY 2004-05 Capital
31 Budget, with revenue from the federal government
32 increased;
33 3. That $100,000 is transferred from Reserves for
34 Contingencies in the FY 2004-05 Operating Budget, and
35 $50,000 is transferred from CIP # 3-100, Various
36 Buildings HVAC Rehabilitation and Renewal, to CIP # 3-
37 343, Adam Thoroughgood House Exterior Moisture Damage
38 Repair, as the required match; and
39 4. That the City Manager is hereby authorized to execute,
40 on behalf of the City, a perpetual preservation
41 easement to the Commonwealth of Virginia Board of
42 Historic Resources, in form substantially as attached
43 hereto as Exhibit A, with such non -substantive changes
44 as the City Attorney may approve.
45
46 Adoption requires an affirmative vote of nine (9) members
47 of the City Council.
48
49 Adopted by the Council of the City of Virginia Beach,
50
51 Virginia, on the day of 2005.
CA-9590
GG/Ord&res/Proposed/Adam Thoroughgood Repair Grant.doc
R-2
April 15, 2005
N
Approved as to Content:
Department of Management Ser ices
3/9 - �� 15411010 '�
v
Department of Museums & Cultural Arts
Approved as to Legal Sufficiency:
�J. rxd
City Attorney's Office
Exhibit A
This document was prepared by:
Department of Historic Resources
2801 Kensington Avenue
Richmond, VA 23221
Exempted from recordation taxes
under the Code of Virginia (1950), as amended,
section 58.1-811(A)(3)
DEED OF EASEMENT
[name of property]
THIS DEED OF EASEMENT, made this day of , 200__, by
and its successors and assigns, herein collectively called the Grantor, and the
COMMO WRAT.TFT of ViRC'TTMA, ROART) OF MSTORTC RF901 TRC ES, herein called the
Grantee,
WHEREAS, Chapter 22, Title 10.1 of the Code of Virginia of 1950, as amended, was enacted
to support the preservation and protection of the Commonwealth of Virginia's significant historic,
architectural, archaeological, and cultural resources, and charges the Board of Historic Resources to
designate as historic landmarks to be listed in the Virginia Landmarks Register such buildings
structures, districts, and sites which it determines to have local, statewide, or national significance, and
to receive properties and easements in gross or other interests in properties for the purpose, among
other things, of the preservation and protection of such designated landmarks; and
WHEREAS, the Grantor is the owner of a property known as , consisting of
a tract of land, herein described, which includes a building which is of historic and architectural
significance and is listed on the Virginia Landmarks Register and the National Register of Historic
Places, and has been designated by the Secretary of the Interior to be a National Historic Landmark;
and
WHEREAS, was acquired by the Grantor for the purpose of maintaining it
for the benefit of the public as a historic and cultural amenity; and
WHEREAS, the Grantor has been awarded a Save America's Treasures grant from the
National Park Service, United States Department of the Interior, to be used for the restoration of
and
WHEREAS, the donation of a perpetual preservation easement is required from a historic
property receiving a Save America's Treasures grant for the purpose of preserving those historic and
architectural features of the property that lead to its designation as a National Historic Landmark; and
WHEREAS, both the Grantor and the Grantee desire to ensure the preservation of
(hereinafter "the building") and the protection of the historic and architectural
features that led it to be listed on the Virginia Landmarks Register and the National Register of Historic
Places, and to be designated a National Historic Landmark;
NOW THEREFORE, in recognition of the foregoing and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the
Grantor does hereby grant and convey to the Grantee an easement in gross and right in perpetuity to
restrict as herein provided the use of the property described in "Attachment A" (hereinafter called the
Easement Property).
The restrictions hereby imposed on the use of the Easement Property are in accord with the policy of
the Commonwealth of Virginia, as set forth in Chapter 22 of Title 10.1 of the Code of Virginia of
1950, as amended, to preserve the Commonwealth's designated historic landmarks. The acts which the
Grantor covenants to do and not to do upon the Easement Property, and the restrictions which the
Grantee is hereby entitled to enforce, shall be as follows:
The parties agree that the photographs of the Easement Property taken by of
the Department of Historic Resources on (DHR negative number
accurately document the appearance and condition of the Easement Property. The negatives of
the said photographs shall be stored permanently in the archives of the Department of Historic
Resources or its successors. Hereafter, the Easement Property, including the exterior and
interior of the building, shall be maintained and preserved in its documented state as nearly as
practicable, except for changes which are expressly permitted hereunder.
2. No building or structure shall be built or maintained on the Easement Property other than (i)
the building, (ii) reconstructions of historic outbuildings or other features which are
documented through professional historical or archaeological investigation to have been
located on the Easement Property, and (iii) such visually discreet structures or facilities as may
be necessary for the use of the Easement Property as a museum or related public amenity.
3. The building shall not be demolished or removed from the Easement Property, nor shall it be
altered, restored, renovated, or extended, except in a way that would be consistent with the
Secretary of the Interior's Standards for the Treatment of Historic Properties (Rev.
1992), and provided that the prior written approval of the Grantee to such actions shall have
Page 2
been obtained. No other permitted structure or facility shall be constructed, altered, restored,
renovated, or extended except in a way that would, in the opinion of the Grantee be in keeping
with the unique historic and architectural character of the Easement Property, and provided the
prior written approval of the Grantee to such actions shall have been obtained. The location
and design of any new structure or facility is expressly made subject to the prior written
approval of the Grantee.
4. The character -defining historic interior architectural elements of the building, including
windows and window frames, doors, door frames, stairs, staircases, baseboards, cornices,
ceilings, floorboards, wainscoting, mantels, and hardware shall not be removed from the
Easement Property, nor shall they be altered without the prior written approval of the Grantee.
5. Archaeologically significant deposits, features, or sites on the Easement Property shall not be
intentionally disturbed or excavated except by or under the supervision of a professionally
qualified archaeologist and provided plans for such archaeological activity have been submitted
to the Grantee for review and comment prior to any ground -disturbing activities. Artifacts and
objects of antiquity professionally excavated from archaeological sites on the Easement
Property shall be treated and preserved according to the Virginia Department of Historic
Resources State Curation Standards (Rev. Nov.1993).
6. Cleaning, repointing, waterproofing, or painting of the exterior masonry of the building shall
not be undertaken without the prior written approval of the Grantee.
7. Trees and vegetation on the Easement Property shall managed so as to prevent damage to the
building.
8. The Easement Property shall not be divided, subdivided, or conveyed in fee other than as a
single tract.
9. The Grantee and its representatives may enter the property (i) from time to time, upon
reasonable notice to the Grantor, for the sole purpose of inspections and enforcement of the
terms of the easement granted herein, and (ii) in its discretion, to erect at a location acceptable
to the Grantor, a single marker or sign, not exceeding two feet by two feet, which states the
name of the Grantee and advises that the Grantee owns the easement granted herein.
10. Prior to any transfer of title to the Easement Property, the Grantor shall notify the Grantee in
writing.
11. In the event of a violation of this easement, the Grantee shall have the right to seek all
appropriate legal and equitable reliet including but not limited to the right to restore the
Easement Property to its present documented condition as shown in the photographs
referenced in Paragraph 1 and assert the cost of such restoration as alien against the Easement
PaLye 3
Property.
12. Whenever a written request for the Grantee's approval is submitted pursuant hereto and the
Grantee fails to respond in writing within 30 days of receipt of such request, then the Grantee
shall be deemed to have approved the request, and the Grantor may proceed with the action for
which approval was requested. Nothing herein shall be construed, however, to require the
Grantee to issue a final decision on such request within such 30-day period, provided that such
final decisions are issued in as timely a fashion as is practical under the circumstances. Such
circumstances shall include the complexity of the request or proposed project, the amount of
information submitted with the initial request, and the need for on -site inspections or
consultations. No approval required hereunder shall be unreasonably withheld by the Grantee.
13. The invalidity or unenforceability of any provision of this easement shall not affect the validity
or enforceability of any other provision of this easement or of any ancillary or supplementary
agreement relating to the subject matter hereof.
Acceptance by the Virginia Board of Historic Resources of this conveyance is authorized by
section 10.1-2204 of the Code of Virginia of 1950, as amended.
Witness the following signatures and seal:
Attest:
Accepted:
BOARD of HISTORIC RESOURCES
By:
Kathleen S. Kilpatrick
Director, Department of Historic Resources
Date:
STATE of VIRGINIA
CITY/COUNTY of
To wit:
LM
The foregoing instrument was acknowledged before me this day of
, 2004, by the Grantor therein.
Page 4
Notary Public
My commission expires:
STATE of VIRGINIA,
CITY of RICHMOND, To -wit:
The foregoing instrument was acknowledged before me this day of
, 2004, by Kathleen S. Kilpatrick, Director, Department of Historic Resources,
on behalf of the Virginia Board of Historic Resources, the Grantee therein.
My commission expires:
Notary Public
Page 5
ATTACHMENT A
(property description)
Page 6
NT
United States Department of the Interior
NATIONAL PARK SERVICE
l3p 1849 C Street, N.W.
Washington, D.C. M40
INR MYRUUTo.
H32(2255)
October 12, 2004
Mr. Steven Thompson, Chief Financial Officer
City of Virginia Beach, Virginia
2401 Courthouse Drive
City Hall, Building #1
Virginia Beach, VA 23456
Project: Adam Thoroughgood House
Dear Mr. Thompson:
I am pleased to inform you that your application for a Federal Save America's Treasures grant has been
selected for funding in the amount of $150,000. Your project was one of 60 chosen from 390 applications.
Congratulations!
The competition was intense, and the selection panel typically awarded funding for less than the total amount
requested by an applicant, in order to award as many grants as possible with the limited funds available.
Accordingly, to enable the National Park Service (NPS) to draw up a grant agreement so that you can receive
these funds, you must submit a revised budget and scope of work summarizing what will be accomplished with
the actual amount awarded plus the dollar -for -dollar non -Federal matching share. All work must relate directly to
and be necessary for the preservation of the historic property. Please note that you are not "locked in" to this
budget or scope of work; grant amendments may be submitted for NPS approval during the grant period if
subsequent changes are needed.
This revised information should be compiled on the enclosed Grantee Information Form. The completed form
may be faxed to 202-371-1794. If you have any questions about revising your budget or scope of work, please
contact Megan Brown of my staff at 202-354-2062.
After we receive the Grantee Information Form, we will draw up a grant agreement for signature by the chief
executive officer of your organization. Along with the grant agreement, standard Federal forms such as the
Application for Federal Assistance (SF-424), the Assurances form, the Certifications form, and the Direct
Deposit form will be sent to you for signature and return to NPS.
The Save America's Treasures grant program is administered by the National Park Service of the United States
Department of the Interior, in partnership with other Federal agencies and non-profit organizations. Please note
that your grant documents, reports, 'and payment requests must be submitted only to the National Park Service.
We look forward to working with you to achieve the preservation of your nationally significant property.
Sincerely,
EF
J� J� E C E 9 V E
Joseph T. Wallis
Chief, State, Tribal and Local Programs Branch FROCT i 6 gnnd
To
Enclosure — Grantee Information Form
IN REPLY REFER TO:
United States Department of the Interior
NATIONAL PARK SERVICE
1849 C Street, N.W.
Washington, D.C. 20240
Grant Agreement No. 51-04-ML-0131
Upon signature of both parties below, the National Park Service (NPS) will have obligated with this Grant
Agreement the amount of $150,000 appropriated from the Historic Preservation Fund for the Save America's
Treasures Grant Program Public Law 108-108, making Fiscal Year 2004 appropriations for the Department of
the Interior. The term of this grant agreement
Beginning Date: January 1, 2005
Ending Date: January 31, 2007
In accepting this grant to preserve the Adam Thoroughgood House, evidenced by signature below, the City of
Virginia Beach, Virginia, agrees to comply with Department of the Interior regulations and requirements
governing Federal grants stipulated in Office of Management and Budget (OMB) Circular A 102
(Administrative Requirements for Grants to State and Local Governments; see 43 CFR`12.42-32_92); Circular
A 87 (Cost Principles for Grants to State and Local Governments); and Circular A 133 (Audits of States,
Local Governments and Non -Profit Organizations). These requirements a�re�by mcorporated by reference
into this grant agreement. In accordance with 18 U.S.C, 1913, none of these funds may be used for lobbying
purposes as defined in the special conditions contained on the following pages. These special conditions are
also hereby incorporated into this grant award. The terms and conditions of this grant award shall be
extended to subrecipients and subcontractors.
In witness thereof, the parties have executed this grant agreement as of the date entered below
CITY OF VIRGINIA BEACH, VIRGINIA
Title:
NATIONAL PARK SERVICE
Chief, Grants Administration
Date signed Date signed
cc: Virginia State Historic Preservation Office (SHPO)
Attachments:
X SF 424 Application for Federal Assistance
X Budget Changes/Special Grant Conditions
X Interim and Final Progress Report formats for use later in the grant
X SF 269A Financial Status Report, for use with Interim Reports
X 36 CFR 800 Protection of Historic Properties
X Secretary of the Interior's Standards for the Treatment of Historic Properties
Grant Agreement (Page 2 of 6)
APPLICATION AND BUDGET CHANGES/SPEC/AL CONDITIONS
GRANT NUMBER. BEGINNING DATE.ENDING DATE;
51-04-ML-0131 January 1, 2005 January 31, 2007
The terms of the grant award include the following special conditions necessary to obtain the objectives of the
grant, facilitate administration of the grant, and to protect the interests of the Federal Government. Grantee
noncompliance with these temrs and conditions and the requirements of Office of Management and Budget
(OMB) Circulars A 102 and A 87 will cause disallowance of costs incurred under the grant. In addition to
other lawful remedies, in the event of noncompliance with any grant conditions, the grant may be suspended,
terminated or annulled pursuant to OMB Circular A 102 (see 43 CFR 12.83-12.84).
The grantee shall not assign or otherwise transfer final responsibility for this Grant Agreement, the grant, or
the project to any third party. The execution of subcontracts shall not alter or modify the obligations of the
grantee. However, the grantee may subcontract for performance of project -related work summarized in this
Grant Agreement. The grantee must administer this grant award free from conflict of interest, bribery,
"kickbacks," cost -plus -a -percentage -of -costs contracts, and other procurement practices prohibited by 43 CFR
12.76.
Special Condition # 1. Limitations on Grant Expenditures. The term of availability of these grant funds is
from January 1, 2005, through January 31, 2007. All costs incurred must be billed to NPS by April 30, 2007.
Expenses charged to this grant may not be incurred prior to the beginning date specified above, or subsequent
to the grant end date specified above (unless the Grant Agreement's end date is formally extended in writing
by NPS). Such expenditures may not exceed the maximum limits shown on this grant award, or amendments
subsequently approved in writing by NMS. The grantee assumes fiscal liability, without recourse to NPS, for
commitments that exceed the funds provided in the Grant Agreement.
Special Condition # 2. Allowable Costs. All costs charged to the grant must be directly related to and
necessary for the achievement of the approved objectives and budget of this grant, as specified' Grant
Condition # 15, below, unless an amendment is approved in writing by NPS. Expenses charged must be
incurred only for eligible costs in accordance with OMB Circular A 102 and OMB Circular A 87; and
supported by approved contracts, purchase orders, requisitions, bills, or other evidence of liability consistent
with generally established purchasing procedures and generally accepted accounting principles.
Special Condition # 3. Non -Federal Matching Share: At least $150,000 in eligible non -Federal matching
contributions that are allowable and properly documented in accordance with 43 CFR 12.64 must be used
during the grant period to share the costs for this grant. Failure to use the required non -Federal matching
share will result in the disallowance of costs reimbursed, and/or the deobligation of remaining unexpended
funds.
Special Condition # 4, Fundraising Costs: In accordance with OMB Circular A 87, Attachment B, Item 21,
costs of fundraising are not eligible costs chargeable to the grant for reimbursement or as eligible non -Federal
matching share contributions.
Special Condition # 5, Performance Reports. An acceptable Interim Progress Report must be submitted to
NPS every six months during the grant period, with the initial Progress Report due not later than
July 31, 2005, and the next report due not later than January 31, 2006. An acceptable Final Progress Report
must be submitted by April 30, 2007. Failure to submit acceptable progress reports bythe dates specified, and
GRANT NUMBER.
51-04-ML-0131
Grant Agreement (Page 3 of 6)
APPLICATION AND BUDGET CHANGES/SPECIAL CONDITIONS
BEGINNING DATE:
January 1, 2005
ENDING DATE.-
January 31, 2007
in the f onnat prescribed by NPS, may result in suspension of funds or other action. Interim Reports must
include the Standard Form 269A, Financial Status Report, which is used to document financial obligations and
outlays during the previous reporting period. NPS normally requires that the initial report must include several
slides or 4X6 photographs showing the condition of the property prior to beginning project work, however,
these photographs have already been submitted by the grantee. The final progress report must include slides
or photographs showing the finished work
The grantee agrees to maintain close liaison with the NPS Grant Awarding Official throughout the grant
period. NPS reserves the right to request meetings, upon reasonable notice, with grantee project staff at
intervals during the course of project work The grantee agrees to promptly notify the NPS Grant Awarding
Official should any of the following conditions become known to it:
a) Problems, delays, or adverse conditions that will materially affect the ability of the grantee (or its
subcontractors, if any) to attain project objectives, prevent the project from meeting planned
timetables, or preclude the completion of approved work;
b) The need for adjustment (revision) to the project budget; and
c) The lack of non -Federal matching share to meet the amount required by this Grant Agreement.
Special Condition # 6 Prior Approval Requirements. The grantee may not, without written approval by the
NPS grant awarding official (that official whose signature/title appears on the grant award document, or his
designee), make changes in the approved scope of work or budget that would substantively alter the approved
scope of work (43 CFR 12.70).
Special Condition # 7 Lobbying Prohibitions. Costs associated with activities or any form of communication
designed to influence in any manner a Member of Congress to favor or oppose any legislation or
appropriation are unallowable as a charge to this grant. None of the funds awarded may be used to process
any grant or contract documents which do not include the text of 18 U.S.C. 1913 prohibiting lobbying with
appropriated funds. Recipients shall not use any part of the appropriated funds for any activity or for the
publication or distribution of literature that in any way tends to promote public support or opposition to any
legislative proposal on which. Congressional action is not complete.
Special Condition # 8 Debarment and Suspension. In accordance with Executive Order 12549 "Debarment
and Suspension" the grantee and its subgrantees must not make any award or permit any award (by subgrant
or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible
for participation in Federal assistance programs under Executive Order 12549.
Special Condition # 9 Financial Audit. The grantee shall obtain an audit of grant expenditure. records in
accordance with OMB Circular A 133, which requires a Single Agency Audit for any grantee who expends at
least $500,000 of Federal grant funds (from all sources) in a fiscal year. Financial audits that include costs
incurred for this grant (including nonfederal matching share) must be transmitted to the Federal Audit
Clearinghouse, Data Preparation Division, US. Bureau of the Census, 1201 E. IOth Street, Jeffersonville,
Grant Agreement (Page 4 of 6)
APPLICATION AND BUDGET CHANGES/SPEC/AL CONDITIONS
GRANT NUMBER. BEGINNING DATE.- ENDING DATE.
51-04-ML-0137 January 1, 2005 January 31, 2007
Indiana 47132. A reasonable proportion of the costs of an acceptable audit performed in accordance with
OMB Circular A 133 may be charged to this grant.
If an audit is required by OMB Circular A 133, the grantee must complete and submit one signed copy of the
Data Collection Form for Reporting on Audits of States, Local Governments, and Non -Profit Organizations,
SF -SAC, and one copy of the reporting package to the National Park Service within 30 days of the grantee's
receipt of the completed audit report. The form must state whether the audit was completed, provide
information about the grantee, the results of the audit, the Employer Identification Number (EIN) and the
Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS).
Special Condition # 10, Record Keeping. The grantee must maintain the property, personnel, financial,
procurement and other records and accounts pertinent to the funds awarded by this grant in accordance with
43 C FR 12. The grantee, and its contractors will permit on -site inspections by NPS representatives, and will
effectively require employees and board members to furnish such information as, in the judgment of NPS
representatives, maybe relevant to a question of compliance with grant conditions and directives on the
effectiveness, legality and achievements of project work
Special Condition # 11, Access to Records. The Secretary of the Interior and the Comptroller General of the
United States, or any of their duly authorized representatives, shall have access for the purpose of financial or
programmatic audit and examination to any books, documents, papers, and records of the grantee that are
pertinent to the grant at all reasonable times during the period of retention provided for in 43 -C FR 12.
Special Condition # 12, Publicity and Press Releases: Press releases about this project must acknowledge the
grant assistance provided byNPS and copies of the press releases must be provided to NPS. The grantee
must transmit notice of any public ceremonies planned to publicize the project or its results in a timely enough
manner so that NPS, Department of the Interior, Congressional or other Federal officials can attend if desired.
Special Condition # 13, Publications. The grantee must include acknowledgment of NPS grant support and a
nondiscrimination statement in all publications and videos assisted with grant monies and/or concerning NPS
grant -supported activities. At least two copies of each publication and video concerning NPS grant -assisted
activities, or published with NPS grant assistance, must be furnished to the NPS Grant Awarding Official within
30 calendar days of publication. All publications, including video and audio tapes, mush contain the following
disclaimer and acknowledgement of NPS support: "This material is based upon work assisted by a grant from the
Department of the Interior, National Park Service. Any opinions, findings, and conclusions or recommendations
expressed in this material are those of the author(s) and do not necessarily reflect the views of the Department of
the Interior." All consultants hired by the grantee must be informed of this requirement. The National Park
Service shall have a royalty -free right to republish anypublished material generated bythis grant.
Special Condition # 14, Method of Pa, ent. An SF-270, Request forAdvance or Reimbursement, must be faxed to
the NPS Grant Awarding Official for approval of payment requests. After NPS has notified the grantee that
the payment request is acceptable, the grantee can then transmit the payment request on the SMARTLINK
payment system Payment of grant funds will then be made by SMARTLINK electronic transfer of funds to a
specified bank account of the grantee.
GRANT NUMBER:
51-04-ML-0131
Grant Agreement (Page 5 of 6)
APPLICATION AND BUDGET CHANGES/SPEC/AL CONDITIONS
BEGINNING DA TE.•
January 1, 2005
ENDING DATE.•
January 31, 2007
Special Condition # 15 Approved Budget and Scope of Work The approved Surnmary of Objectives and
Results to be performed with this grant award is as follows: rehabilitation of the Adam Thoroughgood
House, in accordance with the Secretary of the Interior's Standardr for the Treatment of Historic Properties. Work
includes:
a) Install French drain
b) Install stainless steel lintels and arch restoration
c) Repoint/Repair of brickwork
d) Install rain diverters
e) Repair/Replace of doorjambs, sills, and thresholds
f) Install new HVAC system
g) Update electrical wiring and lighting
h) Install fire detection system
The approved Work/Cost Budget is summarized as follows:
Consultant Fees $ 60,000
Equipment $100,000
Construction Materials & Labor $140,000
TOTAL GRANT (including non -Federal matching share)
$300,000
Special Condition # 16. Preagreement Costs. Anypreagreement costs incurred must be approved in writing
by NPS and authorized to be charged to this grant in accordance with OMB Circular A-87. Documentation of
these preaward costs must be retained for review by the grantee's financial audit.
Special Condition # 17, NPS Concurrence with Selection of Consultants: The grantee must submit resumes
and responses to its Requests for Proposals, along with its justification for which consultant(s) it proposes to
select for grant -assisted work to the NPS Grant Awarding Official for concurrence by NPS. The proposed
consultant(s) must have the requisite experience and training in historic preservation to oversee the
construction work to be performed and to manage this complex project. Contractors performing grant -
assisted work must be competitively selected.
Special Condition # 18, NPS Review of Plans and Specifications. The grantee must submit plans and
specifications to the National Park Service for its review and approval for compliance with the Secretary of the
Interior's Standards for the Treatment of Historic Properties, and with the Conditions listed in this Grant Agreement
prior to the beginning of grant -assisted repair work on the property.
Special Condition # 19 Compliance with the Secretary of the Interior's Standards. All grant -assisted repair
work will be reviewed by NPS to ensure that it meets the Secretary of the Interior's Standards for the Treatment of
Historic Properties. Work that does not comply with these Standards in the judgment of NPS will not be
reimbursed, and may cause the grant to be terminated and funds deobligated.
Grant Agreement (Page 6 of 6)
APPLICATION AND BUDGET CHANGES/SPEC/AL CONDITIONS
GRANT NUMBER. BEGINNING DA TE.• ENDING DA TE.
57-04-ML-0131 January 1, 2005 January 31, 2007
Special Condition # 20, Compliance with Section 106 of the National Historic Preservation Act. Pursuant to
Section 106 of the Act, NPS and the grantee must complete the consultation process stipulated in the
regulations issued bythe Advisory Council for Historic Preservation in 36 CFR 800 prior to the
commencement of construction work on the property. (Note that the NPS must receive a copy of the State
Historic Preservation Officer's written approval of the methodology or plan to be used for any archaeological
testing or ground -breaking prior to conducting such testing or ground -breaking) NPS has initiated the
Section 106 consultation process with the State Historic Preservation Officer (SHPO), by notifying the SHPO
of the grant and sending the SHPO a copy of the grant application. Now, to complete the Section 106 review,
the grantee must submit plans and specifications for the project to the SHPO. The grantee then must submit
to the NPS Grant Awarding Official copies of the following: 1) any written comments grantee receives from
the SHPO in response to submission of plans and specifications for the project, including any suggestions for
modifying the project, and 2) the SHPO's written concurrence with the project as proposed or as modified.
In the event that the grantee and the SHPO cannot reach agreement, the grantee must notify NPS in writing
so that NPS may participate in the conclusion of the consultation. (Note that plans and specifications must
also be submitted by the grantee to NPS in order to fulfill Grant Special Conditions # 18 8& 19).
Special Condition # 21, Requirement for Project Sign: The grantee must erect and maintain a project sign at
the project site. The sign must: be of reasonable and adequate design and construction to withstand weather
exposure; be of a size that can be easily read from the public right-of-way, and be maintained in place
throughout the project term as stipulated in this Grant Agreement. At a minimum, the sign must contain the
following statement: "Preservation of the [insert property name] is being supported in part by a Save
America's Treasures grant administered bythe National Park Service, Department of the Interior." Additional
information briefly identifying the historical significance of the property or recognizing other contributors is
encouraged and permissible. A photograph of the sign must be submitted to NPS at the start of the
construction process. The cost of fabricating and erecting the sign is an eligible cost for this grant.
Special Condition # 22, Requirement for Executing Preservation Easement. The purpose of this grant is to
preserve highly significant historic properties for future generations. Section 102(a)(5) of the National
Historic Preservation Act requires that HPF.grantees must agree to assume, after the completion of the
project, the total cost of continued maintenance, repair and administration of the grant -assisted property il a
manner satisfactory to. the Secretary of the Interior;
Accordingly, the grantee must grant a preservation easement to the State Historic Preservation Officer, or to a
nonprofit preservation organization acceptable to NPS, in the State where this property is located. The term
of the easement must run for at least 50 years from the end date of this Grant Agreements A draft copy of the
preservation easement must be submitted to the NPS Grant Awarding Official for review and comment by
September 30, 2005. Any revisions subsequently transmitted by NPS to the grantee must be incorporated
into the easement prior to the final release of funds by NPS and prior to the recording of the easements on
the deeds of these properties.
City of Virgirxia Beach
DEPARTMENT OF MUSEUMS AND CULTURAL ARTS
VIRGINIA BEACH HISTORIC HOUSES
(757)431.4000
FAX (757) 431-3733
January 28, 2005
Leslie L. Lilley, City Attorney
City of Virginia Beach
City Attorney's Office
Municipal Center Building 1, Room 260
2410. Courthouse Drive
Virginia Beach, VA 23456
RE: Save America's Treasures Easement
Dear Mr. Lilley,
VBgovxom
FRANCIS LAND HOUSE
3131 VIRGINIA BEACH BOULEVARD
VIRGINIA BEACH, VA 23452-6M
Recently, the City through the Department of Museums and Cultural Arts received a
Grant ,'Agreement from the National Park Service regarding the 2004 SaveAmerica's
Treasures grant awarded to the Adam Thoroughgood . House. I am thrilled at the .
prospects of what this grant will fund and am hopeful that the requirements will quickly
be met.
One condition of the grant is that the grantee donates a preservation easement to a non-
profit preservation organization acceptable to the National Park Service. As a group of
citizens concerned about protecting our collective investment and interest in this
.property, please be assured that the Board of Governors of the Francis Land House offer
our full support of granting the easement in perpetuity.
The easement will assure the City of Virginia Beach preservation and treatment
according to uniform, nationally accepted -standards. It also ensures a review process for
modifications that materially change the property, including archeological aspects. The
close affiliation of an agency like the Virginia Department ofHistoric Resources provides
a legal bond between the property and the means and expertise of the Commonwealth.
Going forward, I believe that it could enhance our ability to obtain state and federal
funds.
Leslie L. Lilley
RE: Save America's Treasures Easement
January 28, 2005
Page Two .
With your help, the City of Virginia Beach can rest assured that beyond our lifetime, the
Adam Thoroughgood House will be preserved as the landmark we know today. As good
stewards, we can free it from the threat of demolition and misuse.
We appreciate all that you have done for the historic homes in Virginia Beach and ask
that the City of Virginia Beach grant a perpetual preservation easement for the Adam
Thoroughgood House.
Respectfully,
X� ;�A�
Sue F. Davis
Chairman, Francis Land House Board of Governors
SFD/
cc: Lynn B. Clements
SUMMARY OF TERMS
ADAM THOROUGHGOOD HOUSE
SAVE AMERICA'S TREASURES GRANT
PRESERVATION EASEMENT
GRANTOR: City of Virginia Beach
GRANTEE: Commonwealth of Virginia, Board of Historic Resources
PROPERTY: Adam Thoroughgood House
TERM: The federal grant requires that the easement run for at least Fifty (50)
years from the end date of the Grant Agreement (January 31, 2007).
However, the Grantee's policy is to only accept easements in gross and right
in perpetuity.
RIGHTS AND RESPONSIBILITIES OF GRANTOR/GRANTEE:
• No building or structure shall be built or maintained on the property other than the
existing historic structure and reconstructions of historic outbuildings or other
features of archeological and/or historical significance.
• The building shall not be demolished or removed from the property, nor shall it be
altered, renovated, or extended without the prior written approval of the Grantee.
• The character -defining historic interior architectural elements of the building,
including, but not limited to, windows and window frames, ceilings, doors, and
stairs shall not be removed nor altered without the prior written approval of the
Grantee. Cleaning, waterproofing, or painting of the exterior masonry shall not be
undertaken without the prior written approval of the Grantee.
• The Grantor shall manage the trees and vegetation on the property so as to prevent
damage to the building.
• The property shall not be divided, subdivided, or conveyed in fee other than as a
single tract. Prior to any transfer, the Grantee shall notify the Grantee in writing.
• Grantee may enter the property, upon reasonable notice to Grantor, for the sole
purpose of inspections and enforcement of the terms of the easement.
• Where prior approval of the Grantee is required, Grantee shall respond in writing
within thirty (30) days of receipt of any written request by the Grantor. The
Grantee's failure to respond within thirty (30) days of such request shall be deemed
an approval.
H:\OID\REAL ESTATE\Amned Projects\Adam Thorouftood House GrsnASUMMARY OF TERMS.doc
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.>1
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $108,000 From the General Fund Reserve for
Contingencies to the FY 2004-05 Operating Budget of the City Treasurer's Office
to Provide Additional Funding for Postage.
MEETING DATE: May 3, 2005
■ Background:
The Treasurer's Office is respectfully requesting additional postal funding to cover the
cost associated with the mailing of various levies. During the development of the
Treasurer's FY 2004-05 operating budget, savings were anticipated as a result of the
change to DMV collecting the decal fee that were not realized. Also, during FY 2004-05
the Treasurer's Office put forth a concerted effort to increase revenue from personal
property tax delinquencies in order to raise the level of reimbursement from the State in
FY 2005-06 under the Personal Property Tax Reimbursement Act. As a result of these
two factors, the Treasurer's Office is in need of an additional $108,000 for postal
services to ensure that levies are billed on time through the end of the fiscal year. An
earlier transfer of $60,000 from the Reserve for Contingencies enabled the Treasurer's
Office to continue billing through the end of April.
■ Considerations:
This request is necessary for the Treasurer's Office to comply with City and State
mandates for the mailing of various levies, to include trustee taxes, State income taxes,
delinquent personal property notices, and the receipts of those levies plus personal
property and real estate receipts.
■ Public Information:
Public information will be handled through the normal City Council agenda process.
■ Alternatives:
There are no alternatives to providing funds for the additional postal funding being
requested.
■ Recommendations:
It is recommended that City Council approve the request for additional funding for postal
services to ensure that all bills will be processed on time through the end of the fiscal
year.
■ Attachments:
Ordinance
Recommended Action: Approval of ordinance
Submitting Department/Agency: City Treasurer's Office "
City Manager:
I AN ORDINANCE TO TRANSFER $108,000
2 FROM THE GENERAL FUND RESERVE FOR
3 CONTINGENCIES TO THE FY 2004-05
4 OPERATING BUDGET OF THE CITY
5 TREASURER'S OFFICE TO PROVIDE
6 ADDITIONAL FUNDING FOR POSTAGE
7 WHEREAS, the City Treasurer's Office is in need of additional
8 funding for postal services to ensure that current levies are
9 billed on time through the end of FY 2004-05.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12 That $108,000 is hereby transferred from the General Fund
13 Reserve for Contingencies to the FY 2004-05 Operating Budget of the
14 City Treasurer's Office for the purpose of providing additional
15 funding for postage to process various bills.
16 Adopted by the Council of the City of Virginia Beach, Virginia
17 on the day of 2005.
APPROVED AS TO CONTENT:
h" , , �>Zll
Department of Management'
Services
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney s fice
CA9600
\ordres\Additional Postage for Treasurer.doc
R-2
April 26, 2005
L. APPOINTMENTS
COMMUNITY POLICY AND MANAGEMENT TEAM - CSA AT RISK
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
OPEN SPACE SUBCOMMITTEE
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
PERSONNEL BOARD
SHORE DRIVE COMMITTEE
TOWING ADVISORY BOARD
M. UNFINISHED BUSINESS
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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BRIEFINGS:
A
WORKFORCE and AFFORDABLE HOUSING
Andrew Friedman,
NEEDS ASSESSMENT
Director - Housing
and Neighborhood
Preservation
B
CODE ENFORCEMENT RENTAL INSPECTION
Andrew Friedman,
PROGRAM
Director - Housing
and Neighborhood
Preservation
C
JOINT LAND USE STUDY (JLUS)
Robert Scott,
Director - Planning
II
BUDGET WORKSHOPS:
A
ECONOMIC VITALITY
B
CULTURAL / RECREATIONAL
OPPORTUNITIES
C
FAMILY / YOUTH OPPORTUNITIES
IIUIV/
CERTIFICATION OF CLOSED SESSION
CERTIFIED
9-0
Y
A
Y
Y
Y
Y
Y
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VNI/
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MINUTES April 12, 2005
APPROVED
10-0
Y
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Y
Y
Y
Y
Y
A
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G/H/
PUBLIC HEARINGS
1
THOROUGHGOOD HOUSE Preservation
NO SPEAKERS
Easement at 1636 Parish Road
2
OPERATING BUDGET re EFFECTIVE TAX
54 SPEAKERS
RATE
I/J/ 1
Ordinance to AMEND City Code re "Resort
ADOPTED, BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
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Season"
CONSENT
2
Ordinance to TRANSFER $335,000/ $100,000
ADOPTED, BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
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Juvenile Probation re Less Secure Detention
CONSENT
Services
3
Ordinance to AUTHORIZE acquisition of
ADOPTED, BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
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property for r-o-w Seaboard Road /easements,
CONSENT
by agreement or condemnation
4
Ordinance to AUTHORIZE encroachment into
ADOPTED, BY
9-1
Y
Y
Y
N
Y
Y
Y
Y
Y
A
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portion of the ro w at Princess Anne Rd /
CONSENT
Nimmo Pkwy by COURTHOUSE
MARKETPLACE, LLC re monument sign
K/1
VICTORY CHAPEL Modification of
DENIED, BY
9-0
Y
Y
A
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Y
Y
Y
Y
Y
A
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Condition No. 3 on CUP re nonconforming
CONSENT
B
sign approved Aug 12, 2003 at 6644 Indian
S
River Rd. (DISTRICT 2 — KEMPSVILLE)
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SUMMARY OF COUNCIL ACTIONS
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CSM, L.L.C. for a COZ rom A-18 to R-5S at
DEFERRED TO
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
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Rosemont Rd / Bancroft Dr (DISTRICT 3 —
5110105, BY
ROSE HALL)
CONSENT
BAY BREEZE CONDOMINIUMS, INC
APPROVED /
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
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closure of a portion of Summerville Ct.
CONDITIONED
(DISTRICT 6 — BEACH)
UPON
COMPIIANCE BY
7/24/06
APPOINTMENTS:
COMMUNITY POLICY AND
RESCHEDULED
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MANAGEMENT TEAM — CSA AT RISK
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF
GOVERNORS
HAMPTON ROADS PLANNING DISTRICT
Unexpired to 6/30/05
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
COMMISSION
7/1/05 - 6/30/07
APPOINTED Jim Reeve
HEALTH SERVICES ADVISORY BOARD
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
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APPOINTED Mary Redd Nelson
411105 - 3/31/08
REAPPOINTED Vicky Gray
411105 - 3/31/08
Charles F. McCallum,IIl
4/1/05 - 3/31/08
HUMAN RIGHTS COMMISSION
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
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REAPPOINTED William A. Dyson
4/l /05 - 3/31 /08
J. P. Godsey
4/l/05 - 3/31/08
INVESTMENT PARTNERSHIP ADVISORY
RESCHEDULED
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COMMITTEE
MINORITY BUSINESS COUNCIL
OPEN SPACE SUBCOMMITTEE
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE
ADVISORY COMMITTEE
PERSONNEL BOARD
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
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REAPPOINTED Robert W. Hall
3/l/05 — 2/28/08
10-0
THE PLANNING COUNCIL
Y
Y
Y
Y
Y
Y
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REAPPOINTED Rosemary Wilson
4/1/05 - 3/31/06
10-0
SHORE DRIVE COMMITTEE
RESCHEDULED
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TIDEWATER TRANSPORTATION
DISTRICT COMMISSION
Y
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Y
Y
Y
Y
Y
Y
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A
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APPOINTED Jim Wood
Unexpired to 6/30/06
10-0
TOWING ADVISORY BOARD
RESCHEDULED
B
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M/N/
ADJOURNMENT:
9:13 PM
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