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MAY 6, 2008 MINUTES I I II CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsvt/le - District 2 ROBERT M. DYER" Centervt/le - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN f:. UHRIN, Beach District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large .JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com ( 'In MANAGER - .JAMES K. SPORE ('In ATTORNEY - LESLIE L. LILLEY ( in CLERK - RUTH HODGES SMITH, MMC 6 MAY 2008 I. BUDGET RECONCILIATION - Conference Room - 1 :00 PM A. PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN 1. FY 2008-2009 and 2009-2010 Operating Budget 2. FY 2008-2009 and 2009-2010 Capital Improvement Program II. CITY COUNCIL LIAISON REPORTS - Conference Room - 3:30 PM III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I II VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Thomas Powell Calvary Chapel of Virginia Beach 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. 2. BUDGET PUBLIC HEARING INFORMAL and FORMAL SESSIONS April 17, 2008 April 22, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY - Little Leagues I. CONSENT AGENDA J. ORDINANCES/ RESOLUTION 1. Ordinance to AUTHORIZE the City Manager to execute five (5) Lease Agreements re use of City park properties for Little League operations and tournaments: a. Virginia Beach Little League, Inc. -- Ocean Lakes Park b. Plaza Little League, Inc. -- PlazaINorthgate Park c. Great Neck Baseball League, Inc. - Great Neck Park d. Green Run/Princess Anne Little League, Inc. - 4153 Dam Neck Road e. Lynnhaven Boys Baseball- 586 North Lynnhaven Road 2. Ordinance to REVISE the City's policy and procedures for quarterly review and consideration of applications by the Commissioner of Revenue for exemption from local property taxes. i II II 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property at Lake Wesley for Griffith J. McRee, Jr. at 525 Virginia Dare Drive re constructing and maintaining a boat lift, floating pier, ramp, fixed pier extension and maintaining an existing pier. (DISTRICT 6 - BEACH) 4. Ordinance to TRANSFER from the School's Instructional Category and Operating Fund within the FY 2007-08 Operating Budget: a. $3,000,000 Pupil Transportation Category b. $ 900,000 School Technology Special Revenue Fund c. $ 525,000 School Equipment Replacement Fund d. $ 300,000 School Cafeteria Fund 5. Resolution SETTING a ten percent (10%) goal re Minority business participation in the City's competitive contracts and procurement. K. PLANNING 1. Application of NIMMO CHILD CARE and RESOURCE LEARNING CENTER, INC. for the Modification of Conditions (request approved by City Council on November 23, 1993 for Donald G. Pratt) at 2244 General Booth Boulevard. DISTRICT 7 - PRINCESS ANNE DEFERRED RECOMMENDATION FEBRUARY 26,2008 APPROVE 2. Application of JOHN SARGENT for the Expansion of a Nonconforming Use at 203 62nd Street re alterations and enlargement of the dwelling. DISTRICT 5 - L YNNHA VEN DEFERRED INDEFINITELY RECOMMENDATION FEBRUARY 12,2008 APPROVE L. APPOINTMENTS AUDIT COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS i II II O. ADJOURNMENT Agenda 05/06/2008gw www.vbgov.com ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS May 13 Adoption Council Chamber 6PM CITY COUNCIL ONE-DAY RETREAT MAY 12,2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER * * CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* 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 *********** I II II - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 6, 2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL BUDGET RECONCILIATION of the PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN in the City Council Conference Room, City Hall, on Tuesday, May 6, 2008, at 1:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None May 6, 2008 , II II - 2 - CITY COUNCIL BUDGET RECONCILIATION PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57556 Mayor Oberndorf and Vice Mayor Jones expressed appreciation for City Council's comments re items contained in the Reconciliation. Vice Mayor Jones read into the record the recommended Reconciliation re the Proposed Biennial Budget and Six Year Capital Improvement Program: "May 6, 2008 Members of City Council Subject: Reconciliation of the Proposed Biennial Budget and Six Year CIP Dear City Council Members: In order to get our reconciliation discussions started, the Mayor and I, after discussions with you, have met with the City Manger and staff to put together a list of additions to the budget and sources of funding. Given the economy, this list cannot accommodate everything the City Council would like to see addressed, but we feel that it addresses the major concerns that have been expressed. Identified later in this letter are the individual adjustments we would need to make if there is concurrence. In addition, there are several areas that warrant explanation: 1. Compensation - our workforce is critical to the quality service delivery our citizens enjoy and we believe that there is a need to do more for the employees. Therefore, we are suggesting that the City Council increase the July 1st General I ncrease from the 1.5% proposed for non-public safety employees to 2.5% and that there be a 1 % General Increase for public safety employees (career EMS, Firefighters, and sworn Police Officers-Department of Criminal Justice Service (D.C.J.S.) certified) also on July 1st. For public safety, this is in addition to fully funding the VRS multiplier increase City Council approved last May. We also support the continuation of the existing bonus programs that recognize outstanding performance and can be used as tool for recruitment and retention. These programs will continue to be paid out of existing departmental funds with no specific set-aside. 2. Boat Tax - after concerns arose at the Public Hearings, we are suggesting that the City Council not increase the personal property tax on pleasure boats. We would also suggest that the City Council consider keeping the personal property tax rate on recreational vehicles and commercial boats at the current rate of $1.50 per $100 of value. To make up the lost revenue from the pleasure boat tax that supports dredging, we are suggesting that we divert General Fund dollars from VDOT for storm water to the dredging projects. Three CIP projects will be slightly impacted by this diversion: Western Branch Dredging; Storm Water Lake Management; and Storm Water Infrastructure Rehabilitation. May 6, 2008 II II - 3 - CITY COUNCIL BUDGET RECONCILIATION PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57556 (Continued) 3. GASB45 Health Insurance Liability - The GASB45 Health Insurance Liability payment for FY 2009, for both the City and Schools, is $8.9-Million ($5-Million for the City and $3.9 million for Schools). Rather than use only the General Fund to fund the City's $5- Million payment, we suggest applying $4-Million from the General Fund, with the remaining $1-Million to come from the Health Insurance Fund. The Health Insurance Fund is the fund that contains the City and Schools' contributions for health insurance, as well as employee premiums. In prior years, this fund has had a deficit, but beginning in FY06, the fund has had an annual balance. For FY07, the balance is $14-Million. This amount will vary in subsequent years, but there currently are more than sufficient funds to make this $1-Million contribution for the GASB Health Insurance Liability. By taking this approach, the liability will be funded by both the City and the School System and the employees who participate in our health care plans. We also suggest adoption of an ordinance directing staff to permanently fund a portion of the GASB45 liability through payments from the Health Insurance Fund and to establish a fund balance policy for the Health Insurance Fund of retaining the equivalent of one month's average health insurance costs, based on the previous year's actual payments. For example, based on the 2007 payments, one month's average health insurance costs were approximately $8-Million. This amount will change over time based on costs, participation, and usage. Finally, we would also suggest that this ordinance formalize City Council's guidance to staff (given at the April 15th Budget Workshop) on changes to the health insurance plan. 4. Town 'Center Pedestrian Bridge - this pedestrian bridge across Virginia Beach Boulevard is not funded until the third year of the proposed Capital Improvement Program (FY 2012), well outside of the Biennial Budget. We believe that this project should only move forward with two conditions: first that before the City builds this bridge, the mall must commit to a major capital investment in its properties; and, second, that the debt service on the project be funded through TIF revenues. To accomplish this second requirement, the City must establish the North Town Center TIF by December 1st 2008 in order to collect sufficient revenues. (Note: The current Town Center TIF is only south of Virginia Beach Boulevard). 5. Indian River Road Intersection with Elbow Road - this intersection requires some interim safety improvements especially with the delay in VDOT funding of the Indian River Road Phase VII project. These interim safety improvements will include a traffic signal, improved turning radii, and other needed improvements. After consultation with staff ,there is sufficient funding between the Indian River Road Phase VII project (2-256) and the Elbow Road Phase II project (2-152) to provide the needed funds without transfer. May 6, 2008 - 4 - i II II CITY COUNCIL BUDGET RECONCILIATION PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57556 (Continued) The adjustments that we would suggest City Council consider are summarized below: Consumer Affairs Fire Safety Educators Part-Time Fire Inspectors Patriotic Festival Lifeguard Contract Increase compensation by 1 % -brings it up to 2.5% for non- public safety employees and 1 % for public safety (net amount shown $7.5 million less funding already in budget) Boys Baseball $ Atlantic Wildfowl Museum $ Ferry Farm House (one time funding to replace grant match) $ Streetlights $ Human Services Day Care Program $ Sandler Center Additional Performances (50/50 match with $ Foundation Subtotal: Eliminate: Personal Property Tax on Pleasure Boats Lower transfer of VDOT maintenance funds to Storm Water Subtotal: $ 339,142 $ 301,159 $ 78,507 $ 100,000 $ 178,336 $1,700,000 29,540 24,000 30,000 60,000 535,696 200,000 $3,476,380 $ 100,000 $1,172,829 678,000 678,000 Changes to Balance: Reduce Reserve in TGIF Increase VDOT maintenance funds Reduce transfer to Storm Water CIP (reduction to Lake Management & Infrastructure Rehabilitation) Reduce transfer to Coastal CIP (reduction to W. Branch Dredging) Reduce State revenue reduction Lower VRS Life Insurance (slightly lower rate) Lower HRT Payment Lower debt service (refinancing resulted in a savings of $550,980 - savings on school debt is the difference) Reduce GASB 45 Payment (charge $1 million to Health Fund) Reduce Regular Reserve for Contingency Estimate additional revenue (McDonalds' rent, etc.) Human Services Day Care Revenues (Medicaid) Sandler Center Foundation Match Retain Commercial Boats and RV at $1.50 per $100 of value $ 100,000 $ 678,000 $ 678,000 $ 299,000 $ 366,470 $ 150,000 $ 207,997 $ 294,150 $1,000,000 $ 596,574 $ 300,000 $ 467,250 $ 100,000 $ 189,768 Please be advised that several of these changes are multi-stepped and will require additional changes to individual funds and transfers. May 6, 2008 i I II - 5 - CITY COUNCIL BUDGET RECONCILIATION PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budgets FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57556 (Continued) If the City Council concurs, these changes will be included in the ordinances we consider on May 13th. Also, unless otherwise noted, these same changes will affect the second year of the biennial budget (FY 2009-10). Again, we offer these suggestions as a way to begin our discussions. Sincerely, sl Meyera E. Oberndorf, Mayor sl Louis R. Jones, Vice Mayor" Mayor Oberndorf referenced the request to the City Manager concerning the opportunity for the Lake Edward children to be provided a healthy Summer. The City Manager will confer with Parks and Recreation re possible bus transpiration to a school providing recreation. Mayor Oberndorf advised the supervision would be from Parks and Recreation staff. The City Manager advised there are recreational programs in all of the elementary schools located within the vicinity of Lake Edward; however, the issue is additional emphasis on transportation. However, approximately $60,000 is contained within Parks and Recreation for transportation. As, this was just discussed with the Mayor this morning, he has not received the analysis back from Parks and Recreation. Catheryn Whitesell, advised a GASB45 payment has been provided for this fiscal year. The first payment is due June 30, 2008. The funds set aside came from the fund balance in the FY 2008 Operating Budget ($5-MILLION). The item contained in the Reconciliation is in the FY 2009 Operating Budget. An evaluation of the actuarial study can be accomplished every two (2) years; however, it may be conducted more frequently if City Council desires. The City Manager advised the evaluation would be done every year. Council Lady Henley advised the $30,000 (Ferry Farm House), will go back to the original Capital Improvement Program. It is not just an appropriation for operations. David Hansen, Chief of Information and Technology, advised the Virginia Department of Transportation (VDOT) has affected the City's urban road program by cutting it 34%. As a result of those last minute changes, adjustments had to be made to the Capital Improvement Program. Adjustments to the Proposed Capital Improvement Program for Schools and Roadways were distributed to City Council in their Friday Agenda Package and are hereby made a part of the record. Princess Anne Road - Phase VII has been advanced one year to July 2015. Nimmo is not contained on this list as it remains the same. The City Council wished to commence Princess Anne Road Phase IV one year in advance of Nimmo V, so Nimmo V would be completed one year after Princess Anne Road Phase IV. With the funding issue, both Princess Anne Road Phase IV and Nimmo V might commence at the same time. Council Lady Henley referenced the businesses on the corner of Princess Anne Road and General Booth Boulevard were advised they would probably not be in business this year, because of the road construction; however, it appears these businesses will still be in business for the next four or five years. Mr. Hansen advised he is working closely with VDOT re this financing plan. However, the significant cuts received are staggering. May 6, 2008 I I II - 6 - CITY COUNCIL BUDGET RECONCILIATION PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57556 (Continued) Concern was expressed re participating with the YMCA re their project at the Sentara Complex. The YMCA wished the City to participate in the construction, leaving the operation under the YMCA. The City Manager advised the last conversation with the YMCA representatives was regarding an acceleration of the construction of the facility by a period of three (3) years. They have purchased an extensive facility in Chesapeake and need to reorder their Budget. Council Lady Henley referenced a new proposal. Council Lady McClanan concurred this opportunity has a lot of potential. The cost of construction is approximately $10-MILLION and their request to the City was to participate at the level of $5-MILLION with $500,000 a year for ten (10) years. This would not have to be commenced for two (2) years. The Parks and Recreation Commission is supposed to be considering this item. Councilman Wood advised he had been informed the Parks and Recreation Commission met Thursday, May 1, 2008, and voted against this proposal as they prefer the assets be expended tOlfard the Bayside area. The City Manager will have the YMCA update the status of their proposal. Council Lady McClanan expressed concern re the lack of additional Street Sweepers and also the canal in Green Run. Mr. Hansen advised the canal in Green Run is on a prioritized list as part of the Best Management Practice (BMP) Maintenance. Storm water fees are authorized to be utilized for these. The additional funds applied to the Stormwater program due to the 2f: per year increase will assist this project. Councilman Diezel referenced the Indian River Road/Elbow Road area is one of the largest bottlenecks and creates localized flooding in the Centerville District. This occurs at the small bridge where two (2) five-foot pipes are flanked by a 50-foot wide canal. You cannot squeeze a 50-foot wall of water through two (2) five-foot pipes. Concerning whether this is targeted as a project, Mr. Hansen will provide information. Councilman Diezel referenced the proposed Pedestrian Bridge at Town Center. Norfolk has three (3) of these bridges. Councilman Diezel advised conferring with the City Manager and Executive staff, who informed him because of their experiences, they would never recommend any kind of Pedestrian Bridge to their City Council. It is recommended that the speed limit in this area should be reduced to 25 miles per hour. The City Manager advised The Pembroke Area Transportation Study should be provided to City Council in June. Comments re the Virginia Beach Boulevard traffic are also contained within this report. Councilman DeSteph referenced his recommendations: May 6, 2008 II II - 7 - CITY COUNCIL BUDGET RECONCILIATION PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57556 (Continued) Addbacks: "Increase the Clerk of Courts office funding by $120,000. Also add to the Legislative Package consideration that will bring the Clerk of Courts office under the City. Restore the Fire Inspectors salary of $78,507 and they will generate $85,000 in revenue according to the numbers provided by Management Services and the Fire Department. Another alternative would be to use Fire Fighters on light or limited duty to do the task. Patriotic Festival - With the Military such a major part of our economy, I would recommend putting $200,000 in the budgetfor the City to serve as a sponsor. Fund the Life Safety Education Program at $300,000. This program is proven to save lives. Update the 2004 Study on combining Fire and EMS to determine the savings. Also include cities that are OF like size that have successfully done this to learn the pros and cons and include a couple of cities where this was not successful. Add the lifeguards back at the beach Where to get the Revenue Savings available from funding in the City Manager's budgetfrom Hampton Roads Transit. Currently there is $207,977 available. Eliminate the Town Center Bridge $3,500,000 Small Budget revenue inconsistencies where money can come from to fund the programs: $4,960 overage from National League of Cities Budget 2008 $ 3,958 overage from National League of Cities Budget 2009 $ 964 overage from the U.S. Conference of Mayors for 2008/2009 $ 30,000 error from revenues generatedfrom the Animal Control disposal. This was confirmed by Management Services as a mistake in the Budget. $ 389,000 overage from the State budget cut from the Governors budget. $ 275,490 overage from bond premium. $559,080 (cities piece) - 2009, $ 122,500 - 2010 $1,200,000 difference between dredging and budget requested $ 400,000 dredge site acquisition - either show what the acquisition is for or reduce the budget May 6, 2008 II II - 8 - CITY COUNCIL BUDGET RECONCILIATION PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57556 (Continued) $ 150,000 "budget dust" technical term usedfor the overage/underage from the budget $1,020,000 cut Media and Communications by fifteen (15) people or have it come out of the specific departments $9,300,000 Executive budget page 1-11- reserve for contingencies 2006/2007 actual was $0, in adjusted budget - $12-MILLION and in proposed budget - $9.3-MILLION. If there is an emergency or contingency than we can take it out of the undesignatedfund balance Cut the newspaper advertising by 10%. Use other free or more cost- effective ways to get the message out Policy savings Ensure the Performance Bonus programs can not be used for anyone on the Executive pay plan Hold debt payments to last year +4% Undesignated fund balance - Across the country cities with AAA and AA+ bond ratings range from 5% and up. From my research, it seems that it is phased more on assets and taxes generated. This may be an area that we would want to do a quick study to reinforce what we are thinking. I believe Palm Beach did this already. I also believe with an AAA or AA+ bond rating that if there was an emergency we would have no problem at all trying to borrow money anytime we needed it. I believe we should look at keeping ours between 5% and 8% and take one time expense for reducing prior years' health care and pension liabilities. Other recommendations: To attract businesses, use economic development dollars to reduce the BPOL and Machine Tool tax. This will help stimulate and attract businesses. Audit the Capital Budget." Councilman DeSteph's questions and the staff's responses to all Council Members questions are hereby made a part of the record May 6, 2008 i I II - 9 - May 6, 2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL SESSION re City Council Liaison Reports in the City Council Conference Room, City Hall, on Tuesday, May 6,2008, at 2:35 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None May 6, 2008 i II II - 10 - CITY COUNCIL LIAISON REPORTS ITEM # 57557 2:35 P.M. Council Liaisons Henley and Wood - Green Ribbon Implementation Committee distributed their report, which is hereby made a part of the record. The Green Ribbon Committee Report was completed and presented to Council November 20, 2007. The significant activities since the initial presentation are listed below: Council accepted the Report and Appointed a Green Ribbon Implementation Committee: December 4, 2007. City Council approved a Resolution to receive and accept the City of Virginia Beach Green Ribbon Committee Report, November 200, 7 and appoint a Green Ribbon Implementation Committee City Staff Meetings and Work Plan: City staff met on February 1, February 15 and March 31,2008. Staff has developed a Work Plan to address a phased approach to implement and address the recommendations of the Green Ribbon Report Full Committee Meetings: The full committee (citizen representatives and City Staff) met on February 29, 2008, to review the staff work to-date. The next full committee meeting is tentatively scheduled for May 19, 2008. WORK PLAN: In order to address the recommendations from the Green Ribbon Report, the recommendations have been categorized into phases to be addressed in an 18-month time frame. Each phase of work is to be brought forward to City Council for review, approval and adoption if necessary. The fist phase of work, through July 2008, is outlined: WORK PLAN TASKS FOR MARCH - JULY 2008: New ordinance and/or changes to existing ordinances Residential Right of Way: Delete 60-foot right-of-way, 36-foot paved section (Residential Streets) from Site Plan Ordinance Site Stabilization: Revise current site stabilization requirements to minimize soil erosion Prohibit Feeding of Wildlife: New ordinance to prohibit feeding of wildlife on City property. Does not affect private property New Regulations for Buffer Restoration: Requirement that riparian buffers be restored for conditional use permits, zoning changes, variances and encroachments New City Green Initiatives Policies Green Building Guidelines: Requirement of new City buildings to meet LEED Guidelines or similar City developed guidelines for building construction City Redevelopment Projects Water Quality: City CIP projects addressing redevelopment of existing sites to meet water quality treatment requirements regardless of previous existing impervious surfaces Riparian Buffers: Development and adoption of policies and guidelines for management, protection and restoration of riparian buffers for all City properties Alternative Landscape Plan - Site Plan Ordinance: Implement guidelines for submittal of an Alternative Landscape Plan (currently permitted) to address bio-retention in parking an Alternative Landscape Plan (currently permitted) to address bio-retention in parking lots. There is no intention to reduce interior tree canopy or planting quantities, configurations may be flexible to encourage water quality treatment May 6, 2008 I II - 11 - CITY COUNCIL LIAISON REPORTS ITEM # 57558 Councilman Diezel, Liaison, asked if any discussion had taken place with the Hampton Roads Sanitation District and the use of gray water for general use landscaping and golf course maintenance. The City Manager advised the Technical Committee of the Hampton Roads Planning District Commission has been discussing regulations and implementation of this gray water concept. May 6, 2008 II II - 12 - CITY COUNCIL LIAISON REPORTS ITEM # 57559 The Open Space Program and Funding Liaison Report, was distributed by Mayor Meyer E. Oberndorf, Council Members Henley and Dyer. Changes from April 4, 2008 Liaison Report HRPDC endorsed the consideration offour (4) open space acquisition sites in Virginia Beach for partial funding by a partnership between the Commonwealth of Virginia and the Conservation Fund. The partnership will consider the $500,000 request and notify the City of the final outcome in evaluating the request. The next Open Space Subcommittee meeting has been moved to June 9,2008, since the Fourth Monday in May is Memorial Day, a City-recognized Holiday. Present status: 19 sites equaling 1,788 acquired since 2000 under the Open Space Program Site Acquisition Capital Improvement Program (CIP) project As of April 4, 2008, there is $7. I-MILLION of unspent appropriations available from both CIP 4.004 and CIP 4.070 Open Space Program Site Acquisition accounts - Phase I and II, considering funds "reserved" for sites that are pending acquisition $2. 31-MILLION of $7. I-MILLION for Agricultural Reserve Program eligible areas The funds "reserved" for acquisition include costs related to acquiring 72 acres on four (4) sites, as well as other expenses related to the Open Space Program including: Lvnnhaven House status - Completion of Colonial Education Center before settlement with APVA Virzinia Power right-or-way status - Land survey and title report of entire corridor complete. Negotiating terms with Dominion Virginia Power Lake Lawson Phase II (City of Norfolk and Hodgman parcels) status - Purchase and sale agreement for Hodgman parcel approved by City Council; settlement pending. Purchase and sale agreement for the City of Norfolk parcel is being finalized by the City Attorney's Office. Meeting with Norfolk staff to review terms is the next step. Thalia Creek Greenwav parcels status - Offers being negotiated with property owner Avalon Woods Site - Consideration of formal purchase and a sale agreement pending City Council consideration in May/June and coordinating routine due diligence. Planning and Parks and Recreation coordinating potential 50% match offunding with Commonwealth. May 6, 2008 I II II - 13 - CITY COUNCIL COMMENTS 2:42 P.M. ITEM # 57560 The Mayor advised the airplane "City of Virginia Beach" is housed in Hanger 200 and belongs to the United States Navy. This plane was rededicated this past Sunday, May 4, 2008. The City of Virginia Beach is flown by not only active duty pilots, but reservists who reside in the City. The City of Virginia Beach was first dedicated when it was hangered in the Norfolk Air Station. The ceremony was attended by their families and cake and ice cream were served. ITEM # 57561 Councilman Dyer referenced an article in the Virginian Pilot concerning the City of Norfolk adopting a citizen driven task force to work on their budget. The City of Virginia Beach's BLUE RIBBON, T~ FEE AND SPENDING TASK FORCE was referenced. The City of Hampton is also utilizing some of the concepts of Virginia Beach's Task Force. ITEM # 57562 Mayor Oberndorf advised she attended the banquet in Honor of Linwood O. Branch, III - 2007 First Citizen of Virginia Beach, on Saturday, May 3, 2008, Virginia Beach Convention Center. This was a very lovely evening honoring Linwood 0. Branch, former Member of the Virginia Beach City Council. The Mayor congratulated Linwood and his family on their contributions to the city. Council Lady Wilson also referenced the huge Cheerleading Convention arriving at the Convention Center at the same time. The Sports Marketing Division has made tremendous accomplishments. ITEM # 57563 The City Manager advised the CITY COUNCIL RETREAT is advertised with a PRESS RELEASE, an article in the City Page and the box of upcoming events. May 6, 2008 i II II - 14 - AGE N DA REV IE W S E S S ION 2:48 P.M. ITEM # 57564 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: 1. ORDINANCES/ RESOLUTION 1. Ordinance to A UTHORIZE the City Manager to execute five (5) Lease Agreements re use of City park properties for Little League operations and tournaments: a. Virginia Beach Little League, Inc. -- Ocean Lakes Park b. Plaza Little League, Inc. -- Plaza/Northgate Park c. Great Neck Baseball League, Inc. - Great Neck Park d. Green Run/Princess Anne Little League, Inc. - 4153 Dam Neck Road e. Lynnhaven Boys Baseball- 586 North Lynnhaven Road 2. Ordinance to REVISE the City's policy and procedures for quarterly review and consideration of applications by the Commissioner of Revenue for exemption from local property taxes. 3. Ordinance to A UTHORIZE a temporary encroachment into a portion of City property at Lake Wesley for Griffith J. McRee, Jr. at 525 Virginia Dare Drive re constructing and maintaining a boat lift, floating pier, ramp, fIXed pier extension and maintaining an existing pier. (DISTRICT 6 - BEACH) 4. Ordinance to TRANSFERfrom the School's Instructional Category and Operating Fund within the FY 2007-08 Operating Budget: a. $3,000,000 b. $ 900,000 c. $ 525,000 d. $ 300,000 Pupil Transportation Category School Technology Special Revenue Fund School Equipment Replacement Fund School Cafeteria Fund Council Lady McClanan withdraw her ALTERNATE PROPOSAL (J.2 - exemption from local property taxes) and the Original Proposal will be APPROVED. May 6, 2008 i II II - 15 - AGE N DA REV IE W S E S S ION ITEM # 57565 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 2. Application of JOHN SARGENT for the Expansion of a Nonconforming Use at 203 62nd Street re alterations and enlargement of the dwelling. DISTRICT 5 - LYNNHA VEN Item K.2 (Sargent) shall be DEFERRED INDEFINITELY May 6, 2008 , II II - 16 - ITEM # 57566 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Lynnhaven Marina ARP - Indian Creek Road LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). City of Virginia Beach v. Verizon Virginia, Inc. Upon motion by Councilman Jones, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 3:00 P.M. May 6, 2008 - 17 - ITEM # 57566 (Continued) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 3:16 P.M. - 4:30 P.M.) (Break: 3:03 P.M. - 3:16 P.M. 4:30 P.M. - 5:15 P.M.) (Dinner: 5:15 P.M. - 5: 50 P.M.) i I II May 6, 2008 I , II - 18 - FORMALSESSION VIRGINIA BEACH CITY COUNCIL May 6, 2008 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 6, 2008, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Absent: None INVOCATION: Reverend Thomas Powell Calvary Chapel of Virginia Beach PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 1 0, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. May 6, 2008 I II II - 19 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. May 6, 2008 , II II - 20- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57567 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11--0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 6, 2008 i II II RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 57566, Page 16, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. (~ R th Hodges Fraser, MMC City Clerk May 6, 2008 , II II - 21 - Item V-F.1 ITEM # 57568 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the Minutes of the BUDGET PUBLIC HEARING of April 17, 2008, and the INFORMAL and FORMAL SESSIONS of April 22, 2008. Voting: 11--0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None May 6, 2008 I II II - 22- Item V-G.] ADOPT AGENDA FOR FORMAL SESSION ITEM # 57569 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 6, 2008 I II II - 23 - Item V-H.!. PUBLIC HEARING ITEM 57570 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY - Little Leagues: There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING May 6, 2008 i , II - 24- Item V-H.2. MAYOR'S PRESENTATION ITEM 57571 Mayor Oberndorfwelcomed three (3) Exchange Students from Chiangmai University, Thailand attending the City Council Session: Tua Boonyanukul Yong Boonyakunakorn Ice Jarasboonpaisan Mayor Oberndorf presented the students with City Seal pins May 6, 2008 , II II - 25 - Item V-J. ORDINANCES/RESOLUTION ITEM # 57572 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 aIb/dd/e, 2, 3 and 4 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None May 6, 2008 I II II - 26- Item V-J.1. ORDINANCES/RESOLUTION ITEM # 57573 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute five (5) Lease Agreements re use of City park properties for Little League operations and tournaments: a. Virginia Beach Little League, Inc. -- Ocean Lakes Park b. Plaza Little League, Inc. -- Plaza/Northgate Park c. Great Neck Baseball League, Inc. - Great Neck Park d. Green Run/Princess Anne Little League, Inc. - 4153 Dam Neck Road e. Lynnhaven Boys Baseball- 586 North Lynnhaven Road Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None May 6, 2008 II II 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER 2 TO EXECUTE FIVE (5) LEASE AGREEMENTS FOR THE 3 USE OF CITY PARK PROPERTIES FOR LITTLE LEAGUE 4 OPERATIONS 5 6 WHEREAS, the City of Virginia Beach (City) is the owner of the following City 7 Park Parcels, as shown on the attached Exhibits A through E: 8 9 A Approximately 13.06 acres in Ocean Lakes Park for use by Virginia Beach 10 Little League, Inc. (Renewal) 11 B Approximately 20.29 acres in PlazalNorthgate Park for use by Plaza 12 Little League Inc. (Renewal) 13 C Approximately 11.77 acres in Great Neck Park for use by GNBL, Inc., dba 14 Great Neck Baseball League, Inc. (Renewal) 15 D Approximately 28.58 acres at 4153 Dam Neck Road for use by Princess 16 Anne Little League, Inc. (Renewal) 17 E Approximately 15.60 acres at 586 North Lynnhaven Road for use 18 by Boys Baseball of Lynnhaven, Inc. (New) 19 and 20 21 WHEREAS, the above listed Little League organizations desire to lease the City 22 Park Properties to continue their youth league operations and tournaments; and 23 24 WHEREAS, the City Council has previously approved leases for properties 25 shown on Exhibits A through D (collectively the "Renewal Leases") and has recently 26 accepted a donation of the property shown on Exhibit E (the "New Lease"); and 27 28 WHEREAS the Renewal Leases and the New Lease would each be for a term of 29 less than five (5) years; and 30 31 WHEREAS, City Staff recommends approval of the Renewal Leases and the 32 New Lease, each with an expiration date of December 31,2012. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 1. That the City Council approves the leases of City Park Properties as 38 shown on Exhibits A through E to the five youth baseball organizations, in accordance 39 with the Summary of Terms, attached hereto as Exhibit F. 40 41 2. That the City Manager is hereby authorized to execute a lease for a term 42 of less than five (5) years with each of the five groups identified in the recitals above 43 and the City for the properties identified on Exhibits A through E, in accordance with the 44 Summary of Terms, attached hereto, and such other terms, conditions or modifications 45 as may be acceptable to the City Manager and in a form deemed satisfactory to the City 46 Attorney. I II II 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of 48 MAY , 2008. Approved as to Content: City Attorney's Office park: ~.~ c .. CA10574 V:\applications\citylawprod\cycom32\Wpdocs\D025\P003\00055363. DOC R-2 May 6, 2008 Lessee(s): Term: Area: Rental: Limited Use: Miscellaneous: I II II EXHIBIT F SUMMARY OF TERMS Five Lease Agreements for the use of City Park Properties for Little League Operations Virginia Beach Little League, Inc. (13.06 acres in Ocean Lakes Park) Plaza Little League Incorporated (20.29 acres in Plaza/Northgate Park) GNBL,lnc., d/b/a Great Neck Baseball League, Inc. (11.77 acres in Great Neck Park) Princess Anne Little League, Inc. (28.58 acres at 4153 Dam Neck Road) Boys Baseball of Lynnhaven, Inc. (15.60 acres at 586 North Lynnhaven Road) Each lease term would begin shortly after Council action and expire on December 31,2012 for a total term of approximately four and one half years. As listed above and per the attached Exhibits A-E The properties will continue to be leased to the youth baseball organizations at no annual cost to the leagues Leased premises will be utilized only for the purpose of operating youth baseball leagues . Lessee(s) will pay for all utilities, trash removal, and other related services as necessary for the operation, maintenance, and repair of the leased premises Lessee(s) will be responsible for the maintenance of the grounds of the leased premises Lessee(s) will indemnifylhold harmless the City and maintain general liability insurance coverage as required Lessee(s) will allow the City use and access to the leased premises as required Lessee(s) will comply with all other terms and conditions of the final lease document . . . . I II II - 27 - Item V-J.2. ORDINANCES/RESOLUTION ITEM # 57574 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, , City Council ADOPTED the Original Proposal: Ordinance to REVISE the City's policy and procedures for quarterly review and consideration of applications by the Commissioner of Revenue for exemption from local property taxes. This Policy will in no way eliminate the need for the Review and Allocation Committee (COG) appointed by City Council. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 6, 2008 I II II 1 AN ORDINANCE TO REVISE THE CITY'S 2 POLICY AND PROCEDURES FOR THE 3 REVIEW AND CONSIDERATION OF 4 APPLICATIONS FOR EXEMPTION FROM 5 LOCAL PROPERTY TAXES 6 7 WHEREAS, by Ordinance adopted on February 3, 2004, the City Council 8 adopted a policy regarding the review and consideration of applications for exemption 9 from local property taxation; 10 11 WHEREAS, the City Council desires to revise the current policy so as to provide 12 that the Commissioner of the Revenue shall review and report to the City Council 13 concerning all applications for exemption and to provide that applications shall be 14 accepted quarterly. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the attached policy regarding applications for tax exemption by designation 20 is hereby adopted and shall replace the policy concerning this subject adopted February 21 3, 2004 in its entirety. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6..t..b- day of Mav ,2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA 10692 R-1 April 29, 2008 I I II Original Proposal City Council Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 1 of 4 l.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. ' Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January I, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code ~ 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: I II II Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 2 of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code ~ 50l( c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July I of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501 (c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code ~ 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (~58.1-3606 et seq.) oyCArticle 3 (~58.l-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code ~58.l-3651), the organization will receive I II Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code ~58.l-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code ~58.l-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. I I II Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. I II r!;':\~$'~... ""~'. '..w.f1C',y~ ,~... ~ '4; fO-'I'~~:'; ~... l"f:t ~ ''1,g,~. '--f .' r~, <'~'k,.. 'J~; \\,'..--' -? ,~.fl "I. i\. - . ""'..l' \:L-i :~"J;yt..~.._#.. \.~~~~:; APPLICATION TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION (Applicant Name - Corporation) (Federal Tax ID#) (Mailing Address) (Business Address) (City, State and Zip Code) (City, State and Zip Code) (Trade Name - DBA) (Telephone) (Facsimile) (Email Address) Please indicate ifthis is 0 Newapplication 0 Renewal application . Has this organization previously been exempted by the General Assembly or a local government body in Virginia? 0 Yes 0 No . Is this organization exempt from federal income tax pursuant to IRS SOI(e)? 0 Yes 0 No · Is the organization chartered or incorporated under the laws of the Commonwealth of Virginia? 0 Yes 0 No If so, is it currently in good standing with the State Corporation Commission? 0 Yes 0 No . Does any other individual, association or corporation occupy or use any part of the premises of any property for which exemption is sought? If so, give all details. 0 Yes 0 No . Is any income derived from the use of any portion of the real property by other individuals or groups, whether considered as rent or reimbursement lor necessary expenses for services incurred? 0 Yes 0 No . Has the ABC Board issued a current annual alcohol beverage license for serving alcohol beverages to the organization for use on the property for which tax exemption is sought? 0 Yes 0 No . Is the organization compliant with all city ordinances and regulations? 0 Yes 0 No . Is the organization registered with the Virginia Department of Agriculture and Consumer Services [J Yes C No I II 1. Please describe the organization's mission. 2. Summarize the organization's activities and accomplishments during the last year. 3. Describe in detail and specify the location of all real and personal property for which exemption is sought. 4. For what purpose is the real property currently being used? If there are several types of use for a single parcel, indicate such usages by areas of the buildings and floor locations. 5. With regard to personal property, state the purpose for which the property is being used. Is income derived from the use of any such property by individuals, groups or otherwise? If so, give all details. 6. Does the organization provide services for the common good of the public? If so. explain in detail and include in your explanation a listing of the services provided, the cost of the services to the recipient and the method of determining cost of the services to the recipient, and any other details you deem pertinent. 7. Explain in detail why the City Council of the City of Virginia Beach should exempt the organization from real and personal property taxation in the City of Virginia Beach. 8. Does the organization have any rule, regulation, policy or practice that unlawfully discriminates on the basis of religious conviction, race, color, sex, or national origin? i II Please attach the following information: · A copy of the organization's IRS determination letter exempting the organization from federal income tax. · A copy of the organization's most recent audited financial statements (i.e., current balance sheet and income and expense statement for the organization's last fiscal period), · A complete copy of any federal tax return (typically Form 990 or 990T) filed by the organization for the most recent year. · If not contained in the [mancial statement or tax return, a detailed listing of the current salaries and/or other compensation of the officers and directors of the organization. In addition, please specify, as to each officer or director so listed, the basis ofthe listed salary or compensation (Le., annually, per meeting, hourly, commission, etc.) and whether each officer or director is a full time employee. By submitting this application, the organization acknowledges that the application and supporting documents will be available for review by City staff, the City Council and the public. As provided by Virginia Code ~58.1-3651, no exemption shall be provided to any organization that has any rule, regulation, policy or practice that unlawfully discriminates on the basis of religious conviction, race, color, sex or national origin. I II This form was prepared by , whose title with the organization is Signature: : ORGANIZATION: By: Name Title Telephone Email Date STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: being duly sworn, deposes and says that he/she is the (title) of the (legal name of ownership organization) named in the within entitled application; that he/she has read the foregoing information sheet and knows the contents thereof; and that the same is true to his own knowledge except as to the matters herein stated to be alleged upon information and belief, and as to those matters he/she believes it to be true. (Signature of Officer) Subscribed and sworn to before me this day of 200 . Notary Public My Commission Expires I II II - 28 - Item V-J.3. ORDINANCES/RESOLUTION ITEM # 57575 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE a temporary encroachment into a portion of City property at Lake Wesley for Griffith J. McRee, Jr. at 525 Virginia Dare Drive re constructing and maintaining a boat lift, floating pier, ramp, fIXed pier extension and maintaining an existing pier. (DISTRICT 6 - BEACH) The following conditions shall be required: 1. The temporary encroachment shall 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. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify, hold harmless and defend 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 construction, location or existence of the temporary encroachment. 4. 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 applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of the Planning Department prior to commencing any construction within the encroachment area (the "Permit"). 7. The applicant shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer "). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security in an amount equal to the estimated cost of the required buffer plantings to the Department of Planning to insure completion of the required buffer. The Grantee shall notify the Department of Planning when the buffer is complete and ready for inspection. Upon satisfactory completion of the buffer, as determined by the City, the bond shall be released. An access path stabilized appropriately to prevent erosion through the buffer to the shoreline is allowed. May 6, 2008 I II II - 29- Item V-J.3. ORDINANCES/RESOLUTION ITEM # 57575 (Continued) 8. The applicant 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 applicant also agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination oj, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the temporary encroachment. 9. The temporary encroachment must conform to the minimum setback requirements as established by the City. 10. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes, may require the applicant to remove such temporary encroachment and, pending such removal, the City may charge the applicant 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 applicant. If such removal shall not be made within the time ordered herein above, 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. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 6, 2008 I II II 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 WESLEY LOCATED AT THE REAR OF 8 525 VIRGINIA DARE DRIVE BY 9 GRIFFITH J. MCREE, JR. 10 11 WHEREAS, Griffith J. McRee, Jr. desires to construct and maintain temporary 12 encroachments for a 12' x 12' boat lift, a 20' x 14' floating pier, a 16' ramp, a 12' x 8' 13 fixed pier extension, and to maintain an existing pier upon a portion of the City's 14 property known as Lake Wesley, located at the rear of 525 Virginia Dare Drive in the 15 City of Virginia Beach, Virginia. 16 17 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in SS 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Griffith J. McRee, Jr., his 25 heirs, assigns and successors in title are authorized to construct and maintain 26 temporary encroachments for a 12' x 12' boat lift, a 20' x 14' floating pier, a 16' ramp, a 27 12' x 8' fixed pier extension, and to maintain an existing pier in a portion of the City's 28 property as shown on the map marked Exhibit "A" and entitled: "Proposed Boat lift and 29 pier addition By Griffith J. McRee," a copy of which is on file in the Department of Public 30 Works and to which reference is made for a more particular description; and 31 32 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and Griffith J. McRee, Jr. (the "Agreement"), which is attached 35 hereto and incorporated by reference; and 36 37 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 38 is hereby authorized to execute the Agreement; and 39 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 41 time as Griffith J. McRee, Jr. and the City Manager or his authorized designee execute 42 the Agreement. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day 45 of May ,2008. CA-10570 X:\OIDlREAL ESTATE\EncroachmentslPW Ordlnances\CA10570 McRee Ordinance.doc V :lapplicationslcitylawprod\cycom32\ Wpdocs\DO 161P003100054234. DOC R-1 PREPARED: 4/21/08 APPROVED AS TO CONTENTS II II APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~jj~ CIT ATTORNEY i I II PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 8th day of April, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GRIFFITH J. MCREE. JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 28" as shown on that certain plat entitled: "Resubdivision of Part of Croatan Beach" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 525 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 12' boat lift, a 20' x 14' floating pier, a 16' ramp, a 12' x 8' fixed pier extension, and to maintain an existing pier collectively, the "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 Lake Wesley, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN: 2427-30-0325-0000 2427-20-6108-0000 (Lake Wesley) I II II 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 hereby grants 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 plat entitled: "Proposed Boat lift and pier addition by Griffith J. McRee," a copy of which is attached hereto as "Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 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, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, 2 I II II in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroacl1ment. 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 Grantee. 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. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, 3 i II II stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance an d 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 construction, location, and/or existence of 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. 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 4 i II II ($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, Griffith J. McRee, Jr., the said Grantee, has caused this Agreement to be executed by his 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 a nd attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 I II II CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 i II II STATE OF VIRGINI.A/ CITY/COUNTY OF Vlr"o//~ /'q)>..."",...L to-wit: The foregoing instrument was acknowledged before me this g> 1;{ day of ~r// , 2008, by Griffith J. McRee, Jr. ~-4-" ~,';(/~.d '---Nol;;YPUblic Notary Registration Number: My Commission Expires: Notcuy P\.tDtlc Commonweal'h 01 VIrginia '"". My COmmIIIIOft IIplre, Jun 30. lOOt APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM Y\ttLJ,J~ct (~.. . C\ ~, ~ - - ~titt C J.J."-\. )\. . \\i~\'(i. _ ;~ SIGNATURE t-l-3o I\\i~\ ~cn ~ (C/~~''1-k[~' . DEPARTMENT 7 j--------------j . -:0 _: Proposed! i /'..- boat lift ! !~ Proposed ~ 12' X 12' I i floa;inq p,ier ~\ tt' lit !..1 20 X 14 l!""-C"-C"f.r. --!!~17t-~! :----, I II i! " ..,1 _____~_---~~---l II I :Ieu I I II if I' ~ . I I. 1 ll'~~ ~ 1 j : I Proposed Ramp ~"f:] rJ I I M ~ w_I_-_ ------------------ rh ___________ Existi.7lJ ~ i !", 16' length rr- ___ PieJI~ 1----- 1 Proposed fixed - - - -- - - - ------------__ i pier extension R - - -- - -- - - - - -. - -~-~--- ~--:::::::~:~~~_~ /2. ' )( 8 I ..... pin M-CW- _-: _j_ _ ___ M H_W .,..::....; ...:-.,..,...:.-.-~.~?ncrete bulkhead * * ..._.*.....".'..,.,.-h.~. *'-"......,.. pin fil ~ * * ** * ** * ** * * ......-..-~:-;~ ..... ~ --~----*--* * * * * * * * . . ,...~..-11l(w ..... ~-'l__-t* * * * * riparian buffer -./ - * * * * area of vegetation ~ '* * /--- 17' minimum width \ ~ / walkway and stairs to dock Lake Wesley Lot 27 CD Notes: 1. Existing pIles.... 2. Proposed plies. . .0 3. ExIstIng structure, solid lines 4. Proposed structure, dashed lines 5. Buffer vegetation . . . /~'*' l~ * * \ I' * *\ '* * * / ,* / __ \l....- Purpose: Access and Boat Uft A. P. O.'s : 1. T. Pritchard 2. E. Ruffin I II II ~~ ~ ~ 49 · Lot 29 Lot 28 @ .:~. ~':: ~ '.~.::.:"::~ A:: ~" :.:".:":. :~:":":~'~"":':~ ::-. 0'.: ....._~ .._:......~ ...:.......: ".:.. .... .- ........ ..... '.' '.' - '.' -. ~. ..........: ~:'. ....~ ':~' ~ ....:..:~ . ~'.' .'.:.. ...... . .:... '.'~ ".:~' '.': ".::' '.' .'. ....... '.' .... ....... '.' . ~ :;..... ..~ ..... .~...~ . ~ ....?.:~ : ~'.' :-.:~.. ::~~.~.::~ :::. : ::~.. ': ...: :.~ -:". .~..... '.".~ QJJjqeJ;e:.'.~.> .:::: :.::~. :': :'~..C;iri~ .::-.:: >:::' ::".:. '.' . '.' .... .... ". :... .......:... :'" . ~ . :...... .. ~ .:.... ..~.:..... ." "'~. ~.:'."'.',,".:.':~'~'.':'-: ,~'.':'~.~.: :'~':~.~ : ....: ".:.: .-: ".:.: '.': ".:.' '..: --.:: pin / . .. '. . -. .. .. ....... - . .....:..~..........: .~....~ "~:~ ....~ "~:~ '. . pin " 25' 15' 10' 5' 0 I __ - Virginia Dare Dr. (80 I R/W) PLAT FOR PROPOSED ENCROACHMENT 25' I Proposed Boat lift and pier addition By Griffith J. McRee EXHIBIT A (Plan view) ; I II - 30 - Item V-J.4 ORDINANCES/RESOLUTION ITEM # 57576 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to TRANSFERfrom the School's Instructional Category and Operating Fund within the FY 2007-08 Operating Budget: a $3,000,000 Pupil Transportation Category b. $ 900,000 School Technology Special Revenue Fund c. $ 525,000 School Equipment Replacement Fund d. $ 300,000 School Cafeteria Fund Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 6, 2008 II II 1 AN ORDINANCE TO TRANSFER $3,000,000 FROM THE 2 SCHOOL'S INSTRUCTIONAL CATEGORY TO THE 3 TRANSPORTATION CATEGORY, $900,000 FROM THE SCHOOL 4 OPERATING FUND TO THE SCHOOL INSTRUCTIONAL 5 TECHNOLOGY FUND, $525,000 FROM THE SCHOOL 6 OPERATING FUND TO THE SCHOOL EQUIPMENT 7 REPLACEMENT SPECIAL REVENUE FUND AND $300,000 FROM 8 THE SCHOOL OPERATING FUND TO THE SCHOOL CAFETERIA 9 FUND WITHIN THE FY 2007-08 OPERATING BUDGET 10 11 WHEREAS, the School Board has requested a transfer from their 12 Instructional Category to their Transportation Category and from their Operating Fund to 13 their Special Revenue Funds 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 18 That the FY 2007-08 Operating Budget is amended by the amount set forth 19 below: 20 21 1. That $3,000,000 is hereby transferred from the School's Instruction 22 Category to the Transportation Category. 23 2. That $900,000 is hereby transferred from the School Instruction 24 Category to the School Instructional Technology Fund. 25 3. That $525,000 is hereby transferred from the School Instruction 26 Category to the School Equipment Replacement Fund. 27 4. That $300,000 is hereby transferred from the School Instruction 28 Category to the School Cafeteria Fund. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th 31 day of May ,2008. Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: Approved As To Legal Sufficiency: J:JcWJQ; CA10691 R-1 April 22, 2008 SCHOOL BOARD OInltl D. Edwlrd. Ch,'rman Disttict 1 - CenlelVille 1513 Beachview Drive VA Beach. VA 23464 495-3551 (h) 0 717-0259 (c) RIta Sweet BeliUo Vice Ch.lrman At-Large P.O, Box 6448 VA Beach, VA 23456 418-0960 (e) Todd C. David.on Al-I.lvge 2424 Savannah Trail VA Beach. VA 23456 427.3330 (w) 0 285-9409 (c) Envn. L "Em" Davl. Oisttict 5 . Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 J.t~911(h) PIlrlcl. G. Edmon.on Districl 6 . Beach 401-205 Harbout Point VA Beach. VA 23451 675-0137 (cl Edward F. Fllllnger,Sr, At.Large 412 Beelon Place VA Beach, VA 23452 486-4567 (h) Dan R. Low. District 4 . Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681 (h) Lyndon S. Reml.. Disttict 7 - Princess Anne 3225 Nansemond Loop II A Beach. II A 23456 63O.jjl02 (c) Slnm SmIlII.Jon.. District 2 - Kempsv"le 705 RocIc Creel; Cour1 VA Beach. VA 23462 49().8167 (n) M1chltl w. Slewut Oislrict 3 . Rose Hall 105 Brenlwood Court VA Beach, VA 23452 498-4303 (h) 0 445-4637 (w) CIfOlyn D. W_ At-Large 1420 Oaudia Drive VA Bea:h, VA 23455 464-6674 (h) SUPERINTENDENT JII11ft G. Merrill, Ed.D. 2512 George Mason Drive VA Beach. VA 23456 263- 1 007 -Y-IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION REGARDING FY 2007/08 SPENDING PLAN AND REQUEST FOR CATEGORICAL TRANSFER WHEREAS, On April 8, 2008, the Administration presented to the School Board a mid-year review of the FY 0708 Operating Budget which indicated that approximately $6,800,000 of $707,162.127 or 1.0 % of the FY 07/08 appropriated funds were available; and WHEREAS. on April 8, 2008 the Administration made recommendations regarding the uses of the FY 07/08 available fundS; and WHEREAS, the administration recommends that the $6.8 million be allocated as follows: . $ 3,000,000 for the Bus Replacement Cycle . $ 900,000 for Instructional Technology Replacement Cycle . $ 700,000 for Curr, & Instr. materials, standardized reading assessment, online Health/PE materials, tech. upgrades, laptop replacements. technology needs-Landstown HS Academy, software FASST Math Enterprise Edition . $ 700,000 for Classroom projectors & printers . $ 525,000 for School Equipment Replacement - replacement copiers/printers . $ 300,000 for Food Service replacement equipment . $ 200,000 for Distance learning lab upgrades . $ 200,000 for SharePoint Portal 2007 upgrade for students, teachers, administrators . $ 175,000 for School Server UPS upgrades and Tape Vault/Safe . $ 80,000 for Custodial Equipment . $ 20,000 for Demographics office replacement computers/printers and a large format plotter; and WHEREAS, the Board approves and affirms the recommended uses of the FY 2007/2008 Operating funds as presented by the Administration; and WHEREAS, categorical transfers are necessary to facilitate some of these purchases; and WHEREAS, any transfer of funds between categories must be approved by City Council prior to transfer and expenditure of funds by the School Board. Now, therefore, be it RESOL VEO: That the Board approves and affirms the recommended uses and directs the Administration to proceed with expending/encumberingltransfemng nems that do not require a categoricallransfer; and be it further RESOL VEO: That the Board requests the City Council to approve categorical transfers as follows: . $ 3.000,000 from Instruction to Transportation . $ 900,000 from Instruction to School Instructional Technology Fund - Fund # 108 . $ 525,000 from Instruction to School Equipment Replacement Fund - Fund #107 . $ 300,000 from Instruction to Cafeteria Fund - Fund #114 and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Cle(iof the BoiJd is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City ~;.~ City .c.~rk. '.' . Ii"" , ." . Adopted by the School Board of the Ci f Virginia Beach this 8th day of Apitar' . ~i j;.:':'/ SEAL Attest: ~-p~ Dianne P. Alexander, Clerk of the Board City School Administration Building. 2512 George Mason Drive · P.O. Box 6038 . Virginia Beach, VA 23456.0038 I II - 31 - Item V-J. 5 ORDINANCES/RESOLUTION ITEM # 57577 Prescott Sherrod, Chair and Linda M Bright, Member - Minority Business Council, were in attendance. Mr. Sherrod expressed appreciation to Council Members Dyer and Villanueva, who, through their leadership, this concept has become a reality. With the City's direction and emphasis re diversity, this City Council recognizes diversity needs inclusion. Mayor Oberndorf recognized Prescott Sherrod as the recipient of an award for the successful endeavors of his company. He provided an excellent opportunity to be gracious in leadership in accepting the award: "This is not for me. This is for all the people who work for me and with me, who have done such an outstandingjob, we have earned the award together. " Upon motion by Councilman Villanueva, seconded by Councilman Dyer, City Council ADOPTED: Resolution SETTING a ten percent (10%) goal re Minority business participation in the City's competitive contracts and procurement Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 6, 2008 I II II Requested by Council members Villanueva and Dyer 1 A RESOLUTION SETTING A 10% GOAL FOR MINORITY 2 PARTICIPATION IN CITY CONTRACTS 3 4 WHEREAS, City Code ~ 2-224.1 defines a "minority-owned business" as: 5 6 A business or other entity that is at least fifty-one (51) 7 percent owned and controlled by one (1) or more socially 8 and economically disadvantaged person(s). For purposes of 9 this definition, the term "control" shall mean exercising the 10 power to make policy decisions and being actively involved 11 in day-to-day management. Such disadvantage may arise 12 from cultural, racial, chronic economic circumstance or 13 background, or other similar cause. Such persons include, 14 but are not limited to, Black Americans, Hispanic Americans, 15 Asian Americans, Eskimos, and Aleuts. 16 17 WHEREAS, City Council is committed to the City's established policy of equal 18 opportunity and nondiscrimination in procurement, and supports economic 19 advancement for all of its citizens; 20 21 WHEREAS, City Council reaffirms the City's policy of encouraging the 22 participation of minority-owned businesses in City procurement activities; 23 24 WHEREAS, City Council also supports the City's efforts to continue to ensure 25 that procurement opportunities are available to all persons, regardless of race, religion, 26 color, sex, national origin or handicap; and 27 28 WHEREAS, the establishment of a goal for minority-owned business participation 29 in City contracts will convey the importance that City Council places on ensuring equal 30 opportunities in City expenditures and procurement activities; 31 32 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1 . That City Council desires to increase minority-owned business 36 participation in City contracts and therefore resolves that the City shall aim for the 37 following goal: that ten percent of all of the City's competitive expenditures be made to 38 minority-owned businesses within one year from the date of adoption of this resolution, 39 and that the ten percent goal shall apply to each of the following three categories 40 individually: goods and services; construction; and architectural and engineering 41 services. 42 43 2. That in attempting to meet this goal, the City shall fully comply with state 44 and federal law, including both the equal protection component of the due process I II II 45 clause of the Fifth Amendment to the United States Constitution and the provisions of 46 Virginia Public Procurement Act, which means that although the City may and should 47 take all steps necessary to facilitate and help ensure the participation of minority-owned 48 businesses in the City's procurement processes, no preference or set-aside of any kind 49 may be given to a minority-owned business when determining which bidder or potential 50 contractor shall receive a City contract. 51 52 3. That this goal shall apply to all expenditures of City funds for which there 53 is competition by businesses, but shall not include expenditures for (1) debt services; 54 (2) utilities or other goods or services for which a single business or corporation has a 55 legal monopoly; (3) salaries and fringe benefits; (4) documented sole-sourced 56 procurements; and (5) real estate purchases, leases, or rentals. 57 58 4. That special emphasis shall be placed on increasing minority-owned 59 business expenditures in the areas of construction and architectural and engineering 60 services, which are two areas in which City expenditures to minority-owned businesses 61 have been especially low. 62 63 5. That any business that has been certified by the Virginia Department of 64 Minority Business Enterprise as a minority-owned business pursuant to the 65 Commonwealth of Virginia's Small, Women and Minority Owned Business ("SWaM") 66 Procurement Initiative is a "minority-owned business" for purposes of this resolution, but 67 a business that has not chosen to obtain state certification may nevertheless be a 68 "minority-owned business" for purposes of this resolution, so long as the business 69 meets the City Code's criteria for a "minority-owned business" (as reproduced above 70 and as set forth at City Code S 2-224.1 ). 71 72 6. That the City Manager or designee shall report the City's progress with 73 respect to this goal to the Minority Business Council on at least a quarterly basis, and 74 that the City Manager or designee shall make progress reports to City Council on a 75 semiannual basis. Such reports shall include a break-down of awards and expenditures 76 for both Capital Improvement Programs and non-capital expenditures. These reports 77 shall form the basis for an annual evaluation, to be presented to City Council, of the 78 City's progress toward meeting the goal. 79 80 7. That the City Manager shall ensure that all department directors and all 81 other officers and employees with delegated procurement authority are made aware of 82 this resolution and the expectations of City Council that are expressed herein. 83 84 Adopted by the City Council of the City of Virginia Beach, Virginia, this 6th 85 day of May , 2008. I II II APPROVED AS TO LEGAL SUFFICIENCY: ~~ffiE- CA10626 R-10 April 8, 2008 v-x PLANNING 1. NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. 2. JOHN SARGENT - 32 - ITEM # 57578 II II MODIFICATION OF CONDITIONS (approved by City Council 11/23/93) for Donald G. Pratt) NONCONFORMING USE May 6, 2008 I II II - 33 - Item V-K.J. PLANNING ITEM # 57579 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Item 2 (DEFERRED INDEFINTELY) of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None May 6, 2008 I I II - 34 - Item V-K.1. PLANNING ITEM # 57580 Attorney Morris Fine, 2191 Parks Avenue, Phone: 422-1678, represented Donald Pratt, the owner of the property. This application satisfies a need within our City. The City needs day care centers. There were 6400 infants born in the City in 2006 and only 1500 infant care centers. This is reflective of our social changes, Today, the woman is an integral part ofraising not only the child, but being a wage earner to support the home. The children, therefore, require care. These centers are highly regulated by Social Services. Outstanding individuals have been hired with Masters in Elementary Education, and early Childhood Degrees. Revisions have been submitted. There will be 88 infants/toddles maximum, 50 school age children, for a total of 138 children. These children will not all be in the facility at one time. A graphic showing this traffic pattern for taking children in and picking up children. There is an enlarged separate fenced play area for infants/ toddlers and school aged children by the rear building. A document was provided, dated March 21, 2008, addressing management, staff, layout of each building and what operations occur within each space, as well as emergency egress and traffic patterns. Upon motion by Council Lady Henley, seconded by Councilman Uhrin, City Council DENIED an Ordinance upon application of NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC.. for the Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt) ORDINANCE UPON APPLICATION OF NIMMO CHILDCARE & RESOURCE LEARNING CENTER, INC. FOR THE MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON NOVEMBER 23,1993 (DONALD G. PRATT Ordinance upon application of Nimmo ChildCare & Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt). Property is located at 2244 General Booth Boulevard (GPIN 2414066572). DISTRICT 7 - PRINCESS ANNE. Voting: 6-5 Council Members Voting Aye: Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Council Members Voting Nay: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Rosemary Wilson and James L. Wood Council Members Absent: None May 6, 2008 i II II - 35 - Item V-K.2. PLANNING ITEM # 57581 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Application of JOHN SARGENT for the Expansion of a Nonconformim! Use at 203 62nd Street re alterations and enlargement of the dwelling: Application authorizing the Enlargement of a Nonconforming Use on property located at 203 62nd Street (GPIN 24197233980203) for John Sargent Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood 1. Council Members Voting Nay: None Council Members Absent: None May 6, 2008 - 36 - Item V-L.1. APPOINTMENTS ITEM #57582 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: AUDIT COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL i II II May 6, 2008 - 37 - Item V-L.2.. APPOINTMENTS ITEM #57583 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Diana LaClaire Unexpired term through 08/31/2010 M. J. Nero three year term 09/01/2008 - 08/31/2011 PUBLIC LIBRAR Y BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None i II II May 6, 2008 I ,I - 38 - Item V-P ADJOURNMENT ITEM # 57584 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:33 P.M. __~__c2.):~~..!'L-.......; Beverly 0. Hooks, CMC Chief Deputy City Clerk 1DD!\"~_~__ ~:;;::r;::ndorf Mayor City of Virginia Beach Virginia The Public Comment Session adjourned at 7:15 P.M. May 6, 2008 I II II - 39 - OPEN DIALOGUE Non Agenda Items The following citizens expressed their concerns: Reverend Bill Mann, 529 Cedar Road Chesapeake, Phone: 409-4994, Minister, owner and operator of Michael Ministries, Great Bridge area in Chesapeake, in ministry for thirty-five (35) years. Reverend Mann spoke concerning the improper actions of a Police Officer/ Public Servant. On November 13 2007, he received a 'phone call from his daughter, advising of the movement of a blood clot into a dangerous area. The Doctors had advised her to go to an Emergency Room, as soon as possible. He proceeded to travel with his "flashers" on through Chesapeake into Virginia Beach to Sentara Leigh Memorial Hospital. The Police Officer stated he stopped Reverend Mann at 1:00 A.M in the morning; Actually the time was 12:35 A.M Reverend Mann was ordered into Arrowhead Shopping Center where the Police Officer treated him rudely. Reverend Mann explained he was traveling in a dire emergency. Reverend Mann has had a clean driving recordfor eleven (11) years. The officer continued to be disrespectful. Reverend Mann arrived at the Emergency Room at 1: lOin the morning and called the Police Affairs Office re professional standards. A gentle complaint was filed Reverend Mann's statement is hereby made a part of the record The City Attorney advised the Professional Standards Office investigates all reports. Reverend Mann can appeal to the Investigative Review Panel. The City Clerk provided Reverend Mann's statement to the City Manager and he and the City Attorney shall confer with the applicant Captain Lee Shuler, 2448 Rose Hall Drive, Phone: 481-5371, Charter Boat Captain for the past ten (10) years, and President - Trantwood Lake Corporation. As a holder of a Master Captain's license, she utilizes the Lynnhaven Inlet and wishes to concentrate on boating and navigation safety with regards to this proposed site. Captain Shuler spoke again to oppose the continued efforts by Public Works to pursue installing a permanent Dredge Transfer Station at the Lynnhaven Boat Ramp and Beachfacility. Captain Shuler expressed concern re the lack of City Council's support for the residents of the Shore Drive Corridor who oppose this project. This project was pulledfrom the Witchduck Civic League neighborhood after one meeting. Over 1,000 signatures, voters and others utilizing the boat ramp, as well as another 500 on-line petition signatures were registered in opposition. There were pproximately 250-300 attendees of the March 19,2008, Public Information Meeting of the Western Branch Lynnhaven River Maintenance Dredging, estimated two-thirds in attendance were opposed to the dredging and 30 of the 34 speakers registered in OPPOSITION. Marvin Ennis, 3556 Shore Drive, Phone; 363-1740, expressed concern re the Dredge Transfer Station at The Lynnhaven Boat Ramp and Beach Facility. Mr. Ennis spoke re safety and public health. approximately 2,000 trucks will be carrying toxic sludge through the City of Virginia Beach, some of which will spill out on the highway. Mr. Ennis is for the dredging but not polluting the City. Dredging and recreational areas do not go together. Shelby Cornick, represented the Patient Advocate Foundation, 700 Thimble Shoals Boulevard, Suite 200, Newport News, Phone: (800) 532-5274 ext. 1128. The Patient Advocate Foundation is a non-profit organization, founded by Nancy Davenport-Ennis. There are several different programs within Patient Advocate Foundation, but Ms. Cornick wished to introduce the Virginia Cares initial program, which commenced July 1, 2007. Professional Case Managers assist patients with chronic, debilitating or life threatening illnesses and through debt crisis situations, insurance issues, will contact hospitals, assist patients to apply for disability and write appeals. A co-pay relief program actually pays the chemotherapy co-payments for Cancer patients. Transportation and lodgingfor patients is also provided Brochures will be distributed to the Mayor and City Council. The web site is www.lJatientadvocate. orf! May 6, 2008 I II II - 40- OPEN DIALOGUE Non Agenda Items David Hansen, Chief of Information and Technology, advised the City staff is compiling responses to a very large number of inquiries raised in both public forum and through correspondence re the issues concerning the Dredge Transfer Station at the Lynnhaven Boat Ramp and Beachfacility. Posted on the City's web site is a most recent document containing a survey of six (6) different dredging operations, verifying the process utilized to prevent a scowl and a barge from getting out of control. $16,000 is being expendedfor an engineering assessment. A cost analysis is being accomplished re the sites in the Western Branch. A risk analysis is also being determined on the remaining three (3) sites. There arefour (4) government owned pieces of property on the Western Branch. only one has been eliminated: Princess Anne High School. Staff will not create a road through the middle of a football field. May 6, 2008 Citye>f Virgi:r1ia Beach VBgov.com OFFICE OF THE CITY MANAGER (757) 385-4242 FAX (757) 427-5626 MUNICIPAL CENTER BUILDING 1, ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9001 May 20, 2008 The Honorable Mayor Members of Council Dear Mayor and Councilmembers: At the May 6, 2008, City Council meeting, Reverend Bill Mann spoke during open comment session regarding the ticket he received in Virginia Beach for speeding. Attached is a report provided by the Police Department related to the incident involving Reverend Mann. I believe you will find this information helpful in understanding the situation. Sincerely, , ~pore ~~~;~er JKS/KDH/mkm Attachment C: Chief A. M. Jacocks I. 1;1 ~it:y e>f Virgirria Beach DATE: TO: FROM: SUBJECT: I.' =--'~~;-N--;-;;--;--': ~~- }'Bgov.com 'I ..... 1 ' " 'n I,' !! 'J ".' I.juNlcIPAlCENTER , :. 11 ,. I ') J ' I.~ f "8uLDlNG11 1 .',' ~ ~~_m.. _m'___"--'--~ANNERlWl ~I I . VlRGINlJ! 1lACH. VA 23456 I ; (' I. I ! INTER-OFFICE MEMORANDlJM MAY 1 5 2008 ' I i May 15, 2008 . Jim Spore, City Manager Captain Wray Boswell Issue raised in Council meeting by Reverend Bill Mann Ii POLICE DEPARTMENT PROFESSIONAl. ST ANDI\ROS OFFICE (757) 385-4145 FAX (757) 385-4007 Reverend Mann contacted the Professional Standards Office in November of last year to express his concern that he'd been cited for speeding by an officer even after he explained to the officer that he was a minister and was on his way to an emergency. He acknowledged speeding, but felt that, under the circumstances, he should have been given a warning. He described Officer Baker as being rude, but when asked for specifics only cited that Officer Baker had shouted at him to remain in his car. It was explained to Reverend Mann that we could take a formal complaint on the courtesy issue, but Reverend Mann at that time agreed that simply making Officer Baker's supervisor aware of the complaint would be sufficient, apparently what he refers to as a "gentle complaint" in his testimony before Council. He was told that this office could not address the merits of the speeding charge. Reverend Mann contacted Sergeant Hoffman again in February upset about the fact that he was found guilty in court, both in General District and again on appeal in Circuit Court. He was represented by counsel in both courts. He expressed concern that Officer Baker testified that he was disrespectful and rude during the traffic stop, although he acknowledged to Sergeant Hoffman that this was the officer's perspective and not an issue of truth or falsehood. Sergeant Hoffman reminded him that we had handled the case in the manner to which Reverend Mann had agreed in November. Department policy is that when a citizen insists on a complaint, but the conduct alleged does not violate any policy, we will document the complaint as an inquiry, but not record it as a complaint against the officer. Later in February, I spoke to Reverend Mann. He made it clear to me that he should not have received a ticket for speeding when he had his clergy sign clearly posted. The only issue he mentioned regarding the alleged rudeness was that the officer directed him to remain in his car while he wrote the ticket. I explained to Reverend Mann that we Mr. Jim Spore Concerns by Reverend Bill Mann May 15, 2008 Page 2 of2 could not do anything about the ticket; the decision of the judge is final. I also explained that his clergy sign does not exempt him from any traffic laws. Reverend Mann's primary complaint is the decision of the court. He acknowledges speeding, but feels that the emergency nature of his trip to the hospital warranted the speed he was driving. The court did not agree, and he is asking the City to intervene on his behalf. As to the courtesy complaint, the only thing we can offer to do for Reverend Mann is to change his informal complaint to a formal complaint, but there is nothing in his description of Officer Baker's conduct that would justify sustaining that complaint. It would simply entail the Professional Standards Office writing him a letter stating that his complaint is without merit. I'm extremely reluctant to set the precedent of upgrading an inquiry to a formal citizen's complaint because the complainant is unhappy with the outcome of his court case. While a "not sustained" citizen complaint letter will include instructions on how to appeal his case to the IRP, this is not a case that meets the threshold that the IRP will consider, which is likely to make him even more frustrated. WSB cc: A M. Jacocks, Jr.