APRIL 3, 2007 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF. At-Large
VICE MAYOR WUIS R. JONES. Bayside - District 4
WIlliAM R. DeSTEPH. At-Large
HARRY E. DIEZEL. Kempsville - District 2
ROBERT M DYER,. Centerville - District I
BARBARA M. HENLEY. Princess Anne - District 7
REBA S. McCLANAN. Rose Hall - District 3
JOHN E. UHRIN. Beach - District 6
RON A. VILLANUEVA. At-Large
ROSEMARY WILSON. At-Large
JAMES L. WOOD. Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESUE L. ULLEY
CITY CLERK - RUTH HODGES SMITH. MMC
03 APRIL 2007
I.
CITY COUNCIL'S BRIEFING
- Conference Room -
A. HISTORIC SITES ORGANIZING COMMITTEE
Robert G. Jones, Board Member
II. CITY MANAGER'S BRIEFINGS
A. HARMONY INVESTMENTS (Proposed Hotel)
Page S. Johnson, II, President - Harmony Hospitality, Inc.
B. STRIVING FOR EXCELLENCE
James K. Spore, City Manager
CITY HALL BUILDING
2401 COURTHOUSE DRlVE
VIRGlN1A BEACH, VIRGINIA 234568005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycnc1@vbgovcom
1 :00 PM
C. COMMERCIAL TAX ASSESSMENT EV ALVA TION AND REFINEMENT
Robert 1. Gloudemans, Partner - Almy, Gloudemans, Jacobs & Dene
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA
VI. INFORMAL SESSION
- Conference Room -
3:30 PM
A. CALL TO ORDER - Vice Mayor Louis R. Jones
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Vice Mayor Louis R. Jones
B.
INVOCATION:
Reverend T. E. Thieman, DD, Retired Pastor
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
March 27,2007
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. RESOLUTIONS
1. Resolution ESTABLISHING a Blue-Ribbon TAX, FEE and SPENDING TASK
FORCE to study means of reducing the City's dependence on the real estate tax as a
revenue source (requested by Mayor Oberndorf, Vice-Mayor Jones, Council members
DeSteph, Diezel, Dyer, Henley, Uhrin, Villanueva, Wilson and Wood)
2. Resolution ENDORSING the concept of converting the City Auditor and staff to City
Council Appointees and ESTABLISHING a committee to develop an Internal Audit
Charter and make recommendations for implementing an independent Internal Auditor
(requested by Council Members Dyer and Wilson)
J. APPOINTMENT
HEALTH SERVICES ADVISORY BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
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PUBLIC COMMENTS
Non-Agenda Items
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TOWN HALL MEETINGS
June 19
September 18
November 20
Location To Be Announced -7:15 pm
Location To Be Announced - 7:15 pm
Location To Be Announced -7:15 pm
CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE
April 1 0 (Workshop)
April 17 (Workshop)
April 19 (public Hearing)
April 24 (Workshop)
April 24 (public Hearing)
May 1 (Workshop)
May 8 (Reconciliation Workshop)
May 15 (Adoption)
Council Conference Room
Council Conference Room
Bayside High School at 6:00 p.m.
Council Conference Room
Council Chamber at 6:00 p.m.
Council Conference Room
Council Conference Room
Council Chamber at 6:00 p.m.
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If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
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Agenda 04/03/2007gw
www.vbgov.com
I.
CITY COUNCIL'S BRIEFING
- Conference Room -
1:00 PM
A. HISTORIC SITES ORGANIZING COMMITTEE
Robert G. Jones, Board Member
II. CITY MANAGER'S BRIEFINGS
A. HARMONY INVESTMENTS (Proposed Hotel)
Page S. Johnson, II, President - Harmony Hospitality, Inc.
B. STRIVING FOR EXCELLENCE
James K. Spore, City Manager
C. COMMERCIAL TAX ASSESSMENT EV ALVA TION AND REFINEMENT
Robert J. Gloudemans, Partner - Almy, Gloudemans, Jacobs & Dene
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA
VI. INFORMAL SESSION
- Conference Room -
3:30 PM
A. CALL TO ORDER - Vice Mayor Louis R. Jones
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Vice Mayor Louis R. Jones
B.
INVOCATION:
Reverend T. E. Thieman, DD, Retired Pastor
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F.
MINUTES
1. INFORMAL and FORMAL SESSIONS
March 27, 2007
G. AGENDA FOR FORMAL SESSION
.tsnlutinu
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.
H. CONSENT AGENDA
I. RESOLUTIONS
1. Resolution ESTABLISHING a Blue-Ribbon TAX, FEE and SPENDING TASK
FORCE to study means of reducing the City's dependence on the real estate tax as a
revenue source (requested by Mayor Oberndorf, Vice-Mayor Jones, Council members
DeSteph, Diezel, Dyer, Henley, Uhrin, Villanueva, Wilson and Wood)
2. Resolution ENDORSING the concept of converting the City Auditor and staff to City
Council Appointees and ESTABLISHING a committee to develop an Internal Audit
Charter and make recommendations for implementing an independent Internal Auditor
(requested by Council Members Dyer and Wilson)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Establishing a Blue-Ribbon Tax, Fee, and Spending Task
Force to Study Means of Reducing the City's Dependence on the Real
Estate Tax as a Revenue Source
MEETING DATE: April 3, 2007
. Background: The City's primary source of revenue is the real estate tax, and
annual real estate assessments have increased dramatically over the past few years. A
comprehensive analysis of the impact of the City's revenue sources and taxing structure
and the identification of alternative tax and fee funding sources designed specifically to
reduce the City's dependency on real estate tax revenues would assist City Council in
making informed decisions about the real estate tax. Furthermore, the development of
spending policies and strategies supported and defined by spending ratios and
measures that guide and/or control spending within sustainable levels would further
assist City Council in making informed decisions about future operating and capital
budgets.
. Considerations: The resolution would establish a Tax, Fee, and Spending Task
Force (the "Task Force") consisting of two members of City Council; two local business
leaders; two members of the Council of Civic Organizations; two citizens (one of whom
has a military background); two members of the General Assembly; and one citizen with
leadership skills and knowledge of local government, whom the City Council shall select
to serve as chairperson of the Task Force. The Task Force shall create a Local Tax
and Fee Subcommittee and a Local Spending Subcommittee. The Task Force shall
serve in an advisory capacity to City Council and shall report its findings to City Council
no later than November 30,2007.
. Public Information: This proposal was discussed during the City Council
meeting on March 27, 2007. This item will be advertised in the same manner as other
agenda items.
. Attachments: Resolution
Requested by Mayor Oberndorf, Vice-Mayor Jones, and Councilmembers DeSteph,
Diezel, Dyer, Henley, Uhrin, Villanueva, Wilson, and Wood
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REQUESTED BY MAYOR OBERNDORF, VICE-MAYOR JONES, AND
COUNCILMEMBERS DESTEPH, DIEZEL, DYER, HENLEY, UHRIN, VILLANUEVA,
WILSON, AND WOOD
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A RESOLUTION ESTABLISHING A BLUE-RIBBON TAX,
FEE, AND SPENDING TASK FORCE TO STUDY MEANS
OF REDUCING THE CITY'S DEPENDENCE ON THE
REAL ESTATE TAX AS A REVENUE SOURCE
WHEREAS, the City's primary source of revenue is the real
estate tax; and
WHEREAS, annual real estate assessments have increased
dramatically over the past few years; and
WHEREAS, a comprehensive analysis of the impact of the
City's revenue sources and taxing structure and the
identification of alternative tax and fee funding sources
designed specifically to reduce the City's dependency on real
estate tax revenues would assist City Council in making informed
decisions about the real estate tax; and
WHEREAS, the development of spending policies and
strategies supported and defined by spending ratios and measures
that guide and/or control spending within sustainable levels
would further assist City Council in making informed decisions
about future operating and capital budgets.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby establishes the Tax, Fee, and
Spending Task Force (the "Task ForceU).
2. That the Task Force shall consist of:
a. Two members of City Council;
b. Two local business leaders;
c. Two members of the Council of Civic Organizations;
d. Two members of the General Assembly;
e. Two citizen members (one of whom has a military
background); and
f. One person with leadership skills and knowledge of
local government, whom the City Council shall select
to serve as chairperson of the Task Force.
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3. That the Task Force shall serve in an advisory
capacity to City Council.
4. That the Task Force shall create a Local Tax and Fee
Subcommittee and a Local Spending Subcommittee.
5.
shall:
That the Local Tax and Fee Structure Subcommittee
a. Comprehensively analyze the impact of the City's
revenue sources and taxing structure; and
b. Identify alternative tax and fee funding
designed specifically to reduce the
dependency on real estate tax revenues.
sources
City's
6. That the Local Spending Subcommittee shall develop
spending policies and strategies supported and defined by
spending ratios and measures that guide and/or control spending
within sustainable levels.
7. That the Task Force shall report its findings to City
Council no later than November 30, 2007.
Adopted by the
Virginia on the
Council of
day of
the
City
of Virginia
, 2007.
Beach,
APPROVED AS TO LEGAL SUFFICIENCY:
R~~
City Attorney' Offlce
CAI0360
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March 29, 2007
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Endorsing the Concept of Converting the City Auditor and
Staff to City Council Appointees, and Establishing a Committee to Develop
an Internal Audit Charter and Make Recommendations for Implementing
an Independent Internal Auditor Function
MEETING DATE: April 3, 2007
. Background:
The City Code provides that the City Auditor and staff of the Department of Audit
Services shall (i) conduct financial and performance audits of City programs,
functions and activities; and (ii) provide advice and guidance on audit-related
matters to the City Manager and all levels of agency management. The City
Code currently provides that the City Auditor, like all department directors, shall
be appointed by the City Manager.
. Considerations:
Independence, in fact and in appearance, permits an internal auditor to render
the impartial and unbiased judgments essential to the proper conduct of any
internal audit. This resolution endorses the concept of converting the City
Auditor and staff to appointees of the City Council. Under the concept, the City
Auditor would report directly to an Audit Committee comprised of two
councilmembers and two citizens, one of whom is a certified public accountant
and one of whom has a background in finance and/or accounting. The City
Auditor would report through the Audit Committee to the full City Council. The
resolution establishes an advisory committee (composed of two councilmembers,
the City Manager, the City Attorney, the City Auditor, and a citizen who is a
certified public accountant) to develop an Internal Audit Charter and
recommendations for implementing an independent internal auditor function.
. Public Information:
This item will be advertised in the same manner as other agenda items.
. Attachment:
Resolution
Requested by Councilmembers Dyer and Wilson
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REQUESTED BY COUNCILMEMBERS DYER AND WILSON
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A RESOLUTION ENDORSING THE CONCEPT OF
CONVERTING THE CITY AUDITOR AND STAFF TO
CITY COUNCIL APPOINTEES, AND ESTABLISHING A
COMMITTEE TO DEVELOP AN INTERNAL AUDIT
CHARTER AND MAKE RECOMMENDATIONS FOR
IMPLEMENTING AN INDEPENDENT INTERNAL AUDITOR
FUNCTION
WHEREAS, internal auditing is an independent
appraisal activity within an organization for the
operations; and
financial
review of
WHEREAS, internal auditing is a
control that functions by measuring
effectiveness of other controls; and
financial management
and evaluating the
WHEREAS, the overall obj ecti ve of the City Auditor is to
assist all members of City administration and the City Council
in the effective discharge of their responsibilities by
providing them with objective analyses, appraisals,
recommendations, and pertinent comments concerning financial
management activities; and
WHEREAS, independence, in fact and in appearance, permits
an internal auditor to render the impartial and unbiased
judgments essential to the proper conduct of any internal audit.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That City Council endorses the concept of converting
the City Auditor and staff to appointees of the City Council.
2. That under this concept, the City Auditor would report
directly to an Audit Committee comprised of two councilmembers
and two citizens, one of whom is a certified public accountant
and one of whom has a background in finance and/or accounting.
The City Auditor would report through the Audit Committee to the
full City Council.
3. That City Council hereby establishes an advisory
committee to include two councilmembers, the City Attorney, the
City Manager, the City Auditor, and a citizen who is a certified
public accountant to develop an Internal Audit Charter and
recommendations for implementing an independent internal auditor
function.
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That
following
by
acceptance
Council
of
the
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committee's recommendations, this matter will be returned to
City Council along with a proposed ordinance and Internal Audit
Charter to implement this concept.
the Council of
day of
the
City of Virginia
, 2007.
Beach,
Adopted by
Virginia on the
APPROVED AS TO LEGAL SUFFICIENCY:
~~?-
City Attorney's Office
CAI0356
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March 28, 2007
R-5
J. APPOINTMENT
HEALTH SERVICES ADVISORY BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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I BRIEFING:
EMERGENCY REPSONSE SYSTEM (ERS) Charles W. Meyer
Chief Operating
Officer
II!III!
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V-E CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y
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F-I MINUTES - February 6, 2007 APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y
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GIH-I PUBLIC HEARINGS
LEASE OF CITY-OWNED PROPERTY NO SPEAKERS
a. Rosemont Commerce Center
b. 3rd Street and Atlantic Avenue
1-1 PRESENTATION
FY 2007-2008 RESOURCE MANAGEMENT Catheryn
PLAN (Proposed Budget) Whitesell,
Director,
Management
Services
JIK-I Resolution toDIRECf the City Manager to DEFERRED 9-2 N Y Y Y N Y Y Y Y Y Y
prepare City's Annual Budget based upon INDEFINITEL Y
limited grow1h in real estate tax revenues
(requested by Council Members DeSteph and
McClanan)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCU ACrrONS
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H L R Y S N F N A N D
2 Resolutionto RENEW annual EMS permits for ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
area private and nonprofit organizations CONSENT
a Lifeline Ambulance Service, Inc.
b. Life Evac of Virginia
3 Ordinance to AUTHORIZE VBDA to enter into ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
an agreement with Virginia Beach Golf Club, CONSENT
LLC, for management and operation of
VIRGINIA BEACH NATIONAL GOLF
COURSE (formerly TPC)
4 Ordinance to AUTHORIZE lease ofCityowned ADOPTED BY 10-0 Y Y Y Y Y A Y Y Y Y Y
property toDOLPHIN RUN CONDOMINIUM CONSENT B
ASSOCIATION at 3n1 St and Atlantic Ave re S
overflow parking DISTRICT 6- BEACH T
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5 Ordinance to AUTHORIZE encroachments into ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
portions of City property b)RUDEE INLET CONSENT
OWNERS' ASSOCIATION, INC. to construct
boat lifts'pierslbulkheadAnooring piIegwal1rnay
into a portion ofLake Rudee
DISTRICT 6 -BEACH
6 Ordinance to REVISE time limit for individual ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
speakers during Public Comment Session from CONSENT
three (3) minutes to five (5) minutes
7 Ordinances toACCEPT and APPROPRIATE: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
a. 590,000 from General Fund Balance to an
interest-free loan toOceana Volunteer Fire
Department re a new salvage truck
b. 53,000 donated by GEICO PIiIanthropic
Foundation to Police FY 200(j()7 Op
Budget/ACCEPT 53,000 donation each year for
two (2) years re"Every 15 Minutes"teen
educational program
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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H L R Y S N F N A N 0
L-l SALT MEADOW BAY, L.L.C.,re a MODIFIED AS 10-1 Y Y Y Y Y N Y Y Y Y Y
multifamily structure with eight (8) unitsit PROFFERED/
Oakland Avenueand Barberton Drhe: CONDITIONED
DISTRICT 6- BEACH
a. Discontinuance, c/osureand abandonmenof a
portion of Oakland Avenu~o incorporate land
into adjoining parcels
b. CoZ from R-7.5 to Conditional AI2
2 Variances at 1428 Campbells Landing Rd ADOPTED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y
DISTRICT 7 - PRINCESS ANNE RESTRICTED
FOR
a. ~5(b) of Site Plan Ordinance that all lots meet FLOODPLAINS
Floodplain Regulations fo THEODORE E.
THIEMAN
b. ~4.4(d) of Subdivision Ordinancethat all lots
meet CZO for JESSICA XENAKISI
JEREMY DAUGHTRY
3 Applicatio~e gasoline sales'convenience storeat MODIFIED AS 9-1 Y Y Y Y A N Y Y Y Y Y
Nimmo Pkwy/Princess Anne Rd: PROFFERED/ B
DISTRICT 7- PRINCESS ANNE CONDITIONED S
T
a. ARMADAlHOFFLER COMMERCE A
ASSOCIATES, L.P. Modification of I
Proffers for a Conditional CoZ (approved on N
June 8, 2004) E
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b. WAWA,INC.CUP
4 DAVID PARKER CUP re a bulk storage yardat APPROVED AS 11-0 Y A Y Y Y N Y Y Y Y Y
1228 Jensen Dr CONDITIONED,
DISTRICT 6- BEACH BY CONSENT
5 VALUE PLACE REAL ESTATE SERVICES, DEFERRED TO 10-0 Y A Y Y Y Y Y Y Y Y Y
LLC, at 1357 Diamond Springs Rd: MAY 22, 2007,
DISTRICT 4- BA YSIOE BY CONSENT
a. Modification of Proffers from an
office/warehouse facility to a hotel
(Conditional CoZ approved on February 28,
2006)
b. CUP: 121-unit limited service hotel
CITYOF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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H L R Y S N F N A N D
M APPOINTMENTS
HEALTH SERVJ.CES ADVISORY BOARD DEFERRED B Y C 0 N S E N S U S
N/O/ ADJOURNMENT 7:14 PM
P
CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE
April 10 (Workshop)
April 17 (WolKshop)
April 19 (Public Hearing)
April 24 (Workshop)
April 24 (Public Hearing)
May 1 (Workshop)
May 8 (ReconciliationWorkshop)
May 15 (Adoption)
Council Conference Room
Council Conference Room
Bayside High School at 6:00 p.m.
Council Conference Room
Council Chamber at 6:00 p.m.
Council Conference Room
Council Conference Room
Council Chamber at 6:00 p.m.
CITYWIDE TOWN MEETING SCHEDULE- Topics and locations to be determined
Tuesday, June 19
Tuesday, September 18
Tuesday, November 20