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DECEMBER 9, 2008 MINUTESCITY 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, Kempsville - District 2 ROBERT M. DYER„ Centerville - District 1 BARBARA M. HENLEY, Princess Anne District 7 /U:BA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach District 6 RON A. VILLANI EVA, At -Large ROSEMARY WILSON, Al -Large JAMES L. WOOL), Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 09 DECEMBER 2008 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 2:30 PM A. COMMUNICATIONS AND INFORMATION TECHNOLOGY AUDIT Lyndon Remias, City Auditor II. CITY MANAGER'S BRIEFING A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patricia Phillips, Finance Director III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 4:15 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 25, 2008 2. INFORMAL and FORMAL SESSIONS December 2, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. ACQUISITION OF EASEMENTS - Cape Henry Beach 2. RENTAL INSPECTION - Exemption of Fees 3. LEASE OF CITY PROPERTY — 2181 and 2257 Landstown Road 4. REAL and PERSONAL PROPERTY TAX — Proposed Exemptions 5. EMERGENCY MEDICAL SERVICES (EMS) Private Ambulance Service J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 16-12.7 of the City Code re Certificates to EXEMPT certain housing units from Rental Inspection Fees 2. Ordinance to ACQUIRE permanent easements to protect the public's right for recreation and provide sand replenishment at Cape Henry Beach by agreement or condemnation 3. Ordinance to ACCEPT a Deed of Dedication from WBM, LLC re access to the Norfolk Avenue Trail (Shadowlawn) 4. Ordinance to ACCEPT a parcel of land from Assem M. Amin for public access in the 500 block of South Lynnhaven Road along London Bridge Creek 5. Ordinance to ACQUIRE Parcel 2-A-2, Princess Anne Place, in fee simple, from Harold C. and Deanna S. Lloyd at Heron Ridge Golf Course 6. Ordinance to ACCEPT permanent drainage easements by property owners on Goodspeed Road, Princess Anne Hills 7. Ordinance to AUTHORIZE Bids For Lease of property at 3425 Clubhouse Road, Bow Creek, re cell towers 8. Resolution to AUTHORIZE an annual permit for Special Event Providers of Emergency Medicine re Private Ambulance Services 9. Resolution to REFER to the Planning Commission for their recommendation the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan (Burton Station) 10. Ordinances to EXEMPT certain organizations from Real and Personal Property Taxes: a. American Cancer Society, South Atlantic Division, Inc. b. Equi -Kids Therapeutic Riding Program c. Little Theater of Virginia Beach, Inc. d. Virginia Beach Events Unlimited, Inc. 11. Ordinances to EXEMPT certain organizations from Personal Property Taxes: a. American Center for Law and Justice, Inc b. Battelle Memorial Institute c. Evelyn's Wildlife Refuge, Inc. d. First Landing Foundation e. Hope for Life Rescue, Inc. f. Let's Talk, Inc. g. Rampona Orphans International and Mission Fund h. Sun Wheelers, Inc. i. Tidewater Division, Mideast Region, of the National Model Railroad Association j. United in Him k. Virginia Beach Court Appointed Special Advocates, Inc. 1. Virginia Beach, Educational Broadcast Foundation, Inc. m. Virginia Society for Human Life Educational Fund, Inc. (Tidewater Chapter) n. Young Musicians of Virginia, Inc. o. National Historic Aircraft Foundation p. Summer Shakes, Inc. 111 12. Ordinance to APPROPRIATE $132,000 DEA seized property funds to the Commonwealth's Attorney re purchase of office equipment 13. Ordinances re SCHOOL funding: a. APPROPRIATE $33,065,747 from the School Special Revenue Fund re various Capital Projects b. APPROPRIATE $679,448 and substitute funding sources in the FY 2008-09 Capital Budget re School renovations 14. Ordinance to TRANSFER $740,000 re rights-of-way acquisition for the Southeastern Parkway and Greenbelt Project L. PLANNING 1. Application of MILITARY AVIATION MUSEUM for Modification and Addition of Conditions (approved by City Council on January 9, 2007) at 1341 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 2. Application of BUKOLA A. ODUYELU, D.D.S., P.C. for a Change of Zoning District Classification from R-20 Residential District to Conditional 0-1 Office District at 2264 London Bridge Road re an office building at SGA 10, South Oceana Area. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of 501 22ND STREET, LLC for a Change of Zoning District Classification from A-12 Apartment District to Conditional RT -3 Resort Tourist District at 501 22°' Street re a product showroom and office at the Resort Area. DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. Application of AGAPE FULL GOSPEL DELIVERANCE and WORSHIP CENTER for a Conditional Use Permit re a church and related facilities at 6620 Indian River Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL M. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION COMMUNITY SERVICES BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TIDEWATER REGIONAL GROUP HOME COMMISSION 1 Agenda www.vbgov.com N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT Effective 1 January 2009: Virginia Beach City Council will hold Informal and Formal Sessions on the second and fourth Tuesdays of each month. Workshops will be scheduled for the first and third Tuesdays of each month per action taken 11.18.08. A Special Formal Session will be held Monday, January 5, 2009 at 4:00 PM for the REORGANIZATION of City Council ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** 12/09/08 gw/st 1 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 9, 2008 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re the audit of COMMUNICATIONS AND INFORMATION TECHNOLOGY in the City Council Conference Room, Tuesday, December 9, 2008, at 2:30 P.M. Council Members Present: Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Reba S. McClanan William R. "Bill" DeSteph Robert M. Dyer Ron A Villanueva [Entered: 2:35 P.M.] [Entered: 2:40 P.M] [Entered: 2:40 P.M] [Entered: 3:10 P.M— returning from New York on City business.] December 9, 2008 -2- CITY COUNCIL BRIEFING COMMUNICAITONS AND INFORMATION TECHNOLOGY AUDIT 2:30 P.M. ITEM # 58339 Lyndon Remias, City Auditor, presented information re the audit of Communications and Information Technology and advised the Report and Appendices will be posted on the www.vbgov.com website. Goal: 1. Determine whether amounts charged to departments for services accurately reflect the cost of those services. Result(s) ➢ Determined that WAN, Emergency Radio Maintenance and Subscription Service amounts charged to other departments for COMIT's services accurately reflect the cost charged ➢ For multi functional devices, we determined that for FY2008, ComIT charged departments approximately $200,000 above the vendor direct costs for the use of multi functional devices (MFDs) as shown below: > Of the $200,000 difference, $30,000 was a result of ComIT using an incorrect click rate per copy of $.008 as opposed to the correct rate of $.007. The remaining $170,000 is the 20% overhead rate (the standard rate for all services provided by the City/Schools Printing and Mail Services) on the use of multi functional devices (MFDs) to all departments Conclusion(s) ➢ Except as noted above, it was determined that amounts charged to departments for services accurately reflect the cost of services provided Recommendation(s) 1.1. The City Auditor recommends that ComIT begin charging departments the new, renegotiated Xerox contractual click rate of $.007 per image as opposed to the old rate of $.008. This rate was renegotiated in May 2007 but was not passed on to departmental customers. 1.2. We recommend maintaining the current overhead rate of 20% for multi function device (MFD) use at this time, even though when considering this one service by itself the overhead charged does not approximate the cost of administering the service. The MFD lease payments to Xerox Corporation and corresponding charges received from departments are booked in the Print Shop Internal Service Fund. City/Schools Printing is funded by two revenue sources — the multi functional device (MFD) charges and individual print jobs for which ComIT charges departments throughout the year. When considering City/Schools Printing Services as a whole (without the knowledge of the effectiveness and efficiency of the entire City/Schools Printing Services operations), it is evident that the enterprise fund needs the excess overhead for its operations. It had an operating loss of $35,238 in the 2007 Comprehensive Annual Financial Report (CAFR). It is probably unrealistic to attempt to predetermine the number and exact cost of anticipated individual departmental print jobs to charge overhead to with more accuracy than is now being done. 2. Determine whether Inter Departmental Transfers (IDTs) are necessary and/or warranted. Results(s) > The amount of IDTs initiated by ComIT during FY 08 totaled $2,536,742. > All IDTs were deemed necessary and warranted. Conclusion(s) ➢ We determined that the above IDTs initiated by ComIT were necessary and warranted. Recommendation(s) > None. December 9, 2008 -3- CITY COUNCIL BRIEFING COMMUNICATIONS AND INFORMATION TECHNOLOGY AUDIT ITEM # 58339 (Continued) Three and Five are similar objectives and are therefore being combined. 3 & 5 Evaluate efficiency in responding to departmental needs for equipment, communications, software and other IT -related items and determine whether current policies unnecessarily limit purchasing efficiency and restrictions on printers. Result(s) Citywide IT -related purchasing transactions originating in FY 2008 were reviewed ➢ The average review by ComIT took 2.5 days to complete ➢ 64.4% were reviewed and returned to the Purchasing Division within one day ➢ The longest review took 71 days ➢ The average procurement cycle (reservation of funds through closing of the purchase order) for IT -related purchases closing during FY 2008 was 67.7 days ➢ The average resolution time for FY 2008 HEAT tickets related to purchase orders was 20.1 days. The HEAT ticket resolution time represents the time it takes to issue a purchase order, accept delivery, configure, image, test and install the item ➢ The City contracts with Electronic Systems, Incorporated (ESI) to provide computer-related equipment, peripherals and software that adhere to the standards developed by ComIT in accordance with AD 2.06. All computer-related hardware purchases are subject to a $55 installation fee and/or $25 asset tagging fee. Hardware is configured, imaged, delivered and installed by ESI staff. Survey Question Was the product you received adequate to perform our job duties? Yes 92% No 8% ➢ Despite this high percentage, only 45% indicated "Very Satisfied" or "Satisfied" when asked to rate their satisfaction with the overall IT -related purchasing process. ➢ The contract with ESI provides a selection of nine printers that meet the City's standards for compatibility, reliability and durability. ➢ During FY 2008, the City purchased 89 printers (22 of which were non -City standard desktop models purchased to address specific, unique business needs) from ESI, ranging in price from a small desktop printer for $86 to a high speed network printer for $3,507. Conclusion(s) ➢ Based on the results of the analysis of procurement cycle data, the stewardship responsibilities placed on ComIT by Administrative Directive (AD) 2.06, Information Technology Infrastructure and Asset Management and the results of the Technology Satisfaction Survey, the City Auditor does not believe current IT -procurement policies unnecessarily limit departmental access to hardware and software. ➢ Timeliness of new department technology related initiatives implementation is somewhat impacted by the process. ➢ Given the purchase information provided above and the stewardship responsibilities placed on ComIT by AD 2.06, the City Auditor does not believe current policies unnecessarily limit purchasing efficiency, nor do they place unnecessary restrictions on a department's ability to purchase printers. December 9, 2008 -4- CITY COUNCIL BRIEFING COMMUNICATIONS AND INFORMATION TECHNOLOGYAUDIT ITEM # 58339 (Continued) Recommendation (s) 3.1 The City Auditor recommends ComIT continually monitor and review their processes to ensure efficiency with regard to approving departmental IT -related purchases and their role in the delivery, configuration, imaging, testing and installation of technology -related items. Some improvements suggested by survey respondents include: ➢ Require the City's hardware vendor to prestock popular peripherals to reduce delivery time ➢ Make information readily available to user departments regarding requirements and the approval process for purchasing "non-standard" items D. Provide a link to information concerning proper account coding on beachnet (City's intranet) D. "Sponsor an annual Technology Fair to share ideas about new technology and receive input from operational divisions on what hardware and/or software to make 'City standards'" 5.1 The City Auditor recommends that Administrative Directive 2.06, Information Technology Infrastructure and Asset Management, adopted in June 2001, be updated to reflect the current operating structure and practices within the City 5.2 The City Auditor recommends ComIT provide additional (easy to find) information to its customers with regard to their ability and the requirements necessary to purchase "non- standard" computer-related hardware, software and peripherals in the form of "Frequently Asked Questions" or "How To" on Beachnet. 4. Evaluate efficiency in responding to HEAT ticket calls. Result(s) ➢ ComIT resolved 26,302 calls for service during FY 08. ➢ 52.3% of all calls were resolved within one day. Number Priont-v of Calls FY 08 Resolution Hours b►' Priority Leval Calls that Met or Exceeded Response Goal o/ Calls f1verage Hours Per Call Median Response Horns Number "n o f Calls of Calls 1 115 0.4% 6.47 2.2 52 45.2% 2 845 3.2% 15.90 2.7 612 72.4% 3 18,710 71.1 % 25.06 6.0 14,371 76.8% 4 6,632 25.3% 77.68 19.7 4,950 74.6% TOTAL 26,302 19,985 76.0% December 9, 2008 -5- CITY COUNCIL BRIEFING COMMUNICAITONS AND INFORMATION TECHNOLOGY AUDIT ITEM # 58339 (Continued) ➢ With regard to problem resolution and requests for services, the respondents were asked to rate their level of satisfaction in the following areas: Support Center Satisfaction Surre;' Area peed in reaching the HELP Desk Timeliness of problem/request esolution nowledge and technical abilities o to Courtesy and helpfulness of staff Derr Satisfied/ Satisfied Neutral 74% 70% 76% 7% 6% Dissatisfied/ ['rely Dissatisfied 0% 8% 7% 0% 2% 7% > Sixty-six percent (66%) selected "Always" or "Usually" when asked whether their problems were resolved in a satisfactory manner. Less than 1 % responded "Never". Conclusion(s) ➢ Based on the results of the review of FY 08 call resolution data and the satisfaction ratings provided in the Technology Satisfaction Survey, the technology -related support services provided by ComIT appear to be operating efficiently and effectively. Recommendation (s) 4.1 The City Auditor recommends that ComIT consider the following activities (many of which were suggested by the respondents to the survey) to enhance the City's experience related to ComIT support: > Evaluate increasing the hours of available support to meet the needs of its customers > Provide the customer an estimated response time based on the call type ➢ Provide an online means of reporting issues and checking call status > Have Support Center staff answer the telephone during normal business hours, when feasible, rather than the calls going to automated answering/voice mail > Quickly acknowledge receipt of calls/requests left on voice mail and/or received via email ➢ Enhance Beachnet to include frequently asked questions and resolutions for common problems (and make them easier to find) ➢ Revisit the call closing process to ensure the information is useful and beneficial to all parties. An option may be to confirm the technician's closing of the call via email or voice message; and, then to periodically send a short customer service satisfaction survey to a randomly -selected sample of customers > Provide periodic staff development and customer service training to all levels of ComIT staff ➢ Evaluate solutions for further developing individual departmental knowledge and direct relationships within City departments. by doing so, ComIT, as well as the rest of the City, will benefit from the shared understanding of operations, issues and needs. This would result in enhanced quality and responsiveness of services provided both internally by ComIT and externally by the operating departments. December 9, 2008 -6- I CITY COUNCIL BRIEFING COMMUNICAITONS AND INFORMATION TECHNOLOGYAUDIT ITEM # 58339 (Continued) Recommendation(s) 5.1 The City Auditor recommends that Administrative Directive 2.06, Information Technology Infrastructure and Asset Management, adopted in June 2001, be updated to reflect the current operating structure and practices within the City. 5.2 The City Auditor recommends ComIT provide additional (easy to find) information to its customers with regard to their ability and the requirements necessary to purchase "non- standard" computer-related hardware, software and peripherals in the form of "Frequently Asked Questions" or "How To" on Beachnet. 6. Determine whether the final decision by ComIT on radio, in -vehicle computers, and related purchases superseded recommendations from end-users. Results Radio Replacement ➢ The decision to select the Motorola XTS 2500 radio as the public safety standard in 2002 was made after extensive review and stakeholder input. ➢ The decision was directed by the then Chief of Operations and discussed and agreed upon by the Public Safety Chiefs at a meeting in December 2002. ➢ A multitude of factors was considered before the decision was rendered Among these factors were: ► the budget of $6.7 million I. future migration ► cost differences between the units ► expandability ► the needs of the user agencies Mobile Data Terminal (MDTs) Replacement ➢ In late 2006, the City began the process of selecting new Mobile Data Terminals (MDTs) to replace the keyboard data terminals (KDTs) in public safety vehicles. ➢ As part of the process, representatives of Police, Fire and EMS were afforded the opportunity to provide application functionality and hardware specifications. They were asked to evaluate sample units from multiple manufacturers to determine the most desirable features. ➢ The RFP evaluation criteria included functional aspects as well as provider qualifications, service level ability, performance history and other criteria deemed appropriate, including unit cost and cost of all associated accessories and required services. ➢ User departments requested USB ports and optical drives for use in accessing Field Guides and other information needed while in their vehicle. ➢ The new MDTs have USB ports, but they are not currently accessible, due to virus/vulnerability issues. ➢ Optical drives (for use reading field manuals) were not provided. ➢ There are many public safety technology upgrade projects either actively underway or in the planning stages that will greatly enhance the ability of public safety providers to communicate and operate in the field. ➢ The first step was to replace the Mobile Data Terminals (MDTs). ➢ The decisions made by ComIT to ensure data integrity and security relating to the use of the Mobile Data Terminals (MDTs) could have been better communicated to the stakeholders. December 9, 2008 -7- CITY COUNCIL BRIEFING COMMUNICAITONS AND INFORMATION TECHNOLOGY AUDIT ITEM # 58339 (Continued) Conclusion(s) While there may have been some communication issues, it is not evident the final decision by ComIT on radio, in -vehicle computers, and related purchases superseded recommendations from end-users. Recommendation(s) None. 7. Review areas of concern regarding connectability between fire stations Conclusion(s) ➢ In conclusion, (as well as ComIT and Fire Administration) the issue of network connectivity between fire stations has been addressed. ➢ All fire stations have network connectivity capabilities via Frame Relay or Cox Business Internet. ➢ Responses from eight stations and one Battalion Chief indicated agreement that the connectivity provided allowed them to access the City's area wide network, and seven of the eight agreed that the connectivity was adequate to perform their job functions. Two respondents reported recurring problems (one that the connection was too slow and the other reported issues with printing). Recommendation(s) ➢ None. 8. Review areas of concern regarding Internet access at EMS stations Conclusion(s) ➢ We contacted all squads and substations and determined that all, with the exception of Creeds and First Landing, have internet access. Recommendation(s) ➢ None. 9. Evaluate employee efficiency, turnover, and morale of Emergency Communications since ComIT took control of the VB 9-1-1 Call Center. Result(s) Efficiency of Service Delivery ➢ The results of our VB 9-1-1 Employee Survey (with 62% of employees responding) show employees are generally satisfied with the Center's performance and their job responsibilities. ➢ Employees believe VB 9-1-1 rates "Excellent" or "Above Average" when it comes to call response times, dispatch times, citizen satisfaction, public safety (Police, Fire and EMS) customer satisfaction and efficient call management. ➢ VB 9-1-1 has consistently received high satisfaction ratings as part of the City's Citizen Satisfaction Survey conducted every two years. Citizens reported a satisfaction rating of 97.3 in 2007 and 96.4% in 2005. December 9, 2008 -8- CITY COUNCIL BRIEFING COMMUNICATIONS AND INFORMATION TECHNOLOGY AUDIT ITEM # 58339 (Continued) VB 9-1-1 Internal Customer Satisfaction ➢ The City Auditor's Staff met with representatives of each Public Safety Department to discuss their issues and concerns; and, ➢ Used the 321' respondents to our Technology Satisfaction Survey reporting to have used emergency dispatch services ► Seventy-six percent (76%) of those responding reported their overall satisfaction level with emergency dispatch services as "Very Satisfied" or "Satisfied': ► Only 13% indicated "Dissatisfied" or "Very Dissatisfied". Staffing/Turnover ➢ The ECCS Division has 125 approved FTEs for FY 09. ➢ There were 16 vacancies as of July 1, 2008. This represents 13% of the total approved FTEs. ➢ Vacancy rates have declined from 19% in FY 02 to 13% in FY 08, due in large part to the enhancements made to the recruitment and training processes by ComIT Comparison of Budget to Actual FTEs FY00 FY01 FY02 FY03 FY04 FY05 NUMBER OF FTES FY06 BUDGETED FTEs -r—POSITIONS FILLED VACANCIES FY07 FY08 ➢ While employees rated the Center's performance with regard to its ability to adequately retain existing employees as "Poor" or "Very Poor", the retention rate for experienced employees remains over 90%. ➢ VB 9-1-1 employee turnover has increased over the last five years primarily due to the increased number of academies and recruits that fail to complete the probationary (training) period. ➢ Eleven (11) employees retired during the five-year period, accounting for approximately 27% of the experienced employees who have left. Morale of VB 9-1-1 Operational Employees ➢ Of all ECCS respondents, almost 60% of the respondents evaluated morale as "Poor" to "Very Poor" ➢ Seventy-one percent (71%) of respondents indicated they believe that employee morale is declining. December 9, 2008 I II -9- CITY COUNCIL BRIEFING COMMUNICATIONS AND INFORMATION TECHNOLOGYAUDIT ITEM # 58339 (Continued) Based on the survey results, the comments provided and our interviews with staff, it appears that morale is impacted by the following: ➢ Decision by City Management to move VB 9-1-I from the Police Department ➢ Lack of recognition of VB 9-1-1 as a public safety function and its organizational placement ➢ Management decisions and interactions with staff ➢ Shift level staffing deficiencies ➢ Required overtime ➢ Inconsistencies in supervisory practices ➢ Interaction and conflict with co-workers ➢ Compensation ➢ Lack of employee recognition and teambuilding activities Organizational Placement ➢ The current administrative placement and reporting relationship through the City's Department of Communications and Information Technology does not accurately reflect the largely public safety nature of the work performed by the Emergency Communications Center. ➢ The function has evolved significantly since its inception and should be recognized for making a direct contribution to the delivery of public safety services to citizens. ➢ The current placement places the Center in a reactive position for handling policy, practice and procedural changes within public safety agencies that directly or indirectly impact the "work on the operations floor". ➢ Additionally, the current placement also creates natural conflicts between service delivery and technology support roles within ComIT. ➢ Placement within one of the Public Safety departments does not effectively represent (and/or address) the diversity of VB 9-1-1's multiple customer base and the broader service delivery needs of all affected departments. ➢ Studies show placement within one agency creates both perceived and real bias when communication needs and issues conflict. ➢ Placement within one of the Public Safety departments also causes an internal "struggle" (within the department) for the resources necessary to sustain and improve operations. ➢ Placement within one of the Public Safety departments administrative chain -of -command is not representative of the largely operational nature of the services provided or of the broader organizational role of public safety communications service delivery. Conclusion(s) ➢ Given the challenges associated with operating in a 24/7, emergency operations environment, VB 9-1-1 provides an efficient level of service that helps to ensure the safety of the City's citizens and first responders due in large part to the commitment and dedication of its management, administration and employees. ➢ The overall turnover rate is better than national 9-1-1 turnover trends and has been held relatively consistent over the last two fiscal years. ➢ Despite improvements to the physical environment, compensation, increased staffing and enhanced recruitment efforts, employee morale remains problematic. December 9, 2008 - 10 - CITY COUNCIL BRIEFING COMMUNICAITONS AND INFORMATION TECHNOLOGYAUDIT ITEM # 58339 (Continued) Recommendation(s) 9.1 The City Auditor recommends, in conjunction with ComIT leadership, the City consider designating VB 9-1-1 as a public safety activity and making the communication functions within the Emergency Communications and Citizen Services Division an independent City department (outside the customer agencies it serves) with a reporting structure similar to the City's other public safety agencies. ComIT would continue to provide support to the technology components of the division. 9.2 The City Auditor recommends the City create a Public Safety Advisory Board composed of representatives from Police, Fire, EMS and Emergency Communications to provide input and guidance with respect to Emergency Communications and that the Board be chaired by the City Manager. 9.3 The City Auditor recommends services to internal customers be managed through written Memoranda of Understanding (MOU) or other formal process in order to clearly define the customers and VB 9-1-1's needs and expectations for service delivery. 9.4 The City Auditor recommends that ComIT work with a professional facilitator to provide VB 9-1-1 staff an open forum to express, discuss and resolve workplace concerns. 9.5 The City Auditor recommends that ComIT evaluate utilization of 12 hour shifts for VB 9-1-1 operations. 10. Perform analysis of pertinent employee suggestions. Results ➢ Feb 2005 — Mar 2005: Reviewed the master list of suggestions and hard copy detail (now with Management Services). Determined that suggestions were logged, reviewed and monitored until final disposition. ➢ Mar 2005 — Dec 2006: The City Auditor was unable to determine if any suggestions during this time period were logged, reviewed or monitored. ➢ Jan 2007 — To current: Reviewed the master list of suggestions. Determined that suggestions were logged, reviewed and monitored until final disposition. Note: Five (5) of 77 suggestions received to date relate to ComIT. Conclusion(s) ➢ The City Auditor concluded that there is an employee suggestion program forum in place whereby employees can make suggestions concerning technology and other issues. Recommendation(s) 10.1 The "My Idea Works Program" should continue to operate in its present form. 11. Perform confidential interviews with employees and volunteers regarding ComIT. Conclusion(s) ➢ Based on confidential interviews conducted and comments received from the Citywide Technology Satisfaction Survey many respondents acknowledged the challenges that ComIT faces in serving the entire City's IT needs. ➢ Many comments received praised ComIT's courtesy and professionalism. ➢ However, one overarching theme that resonated from the interviews and comments was that ComIT should recognize their role as that of a support department supporting, rather than determining a department's technology needs. ➢ In addition, the survey revealed that employees are not aware of common ComIT tools that can help them with IT/computer-related questions. ➢ Detailed results of the survey our included in Appendix 2 and Appendix 3 December 9, 2008 -11- CITY COUNCIL BRIEFING COMMUNICATIONS AND INFORMATION TECHNOLOGY AUDIT ITEM # 58339 (Continued) Recommendation(s) 11.1 The City Auditor recommends that ComIT thoroughly review the results of the City of Virginia Beach Technology Satisfaction Survey and the VB 9-1-1 Employee Survey and develop an action plan to address those areas which need significant improvement. 11.2 The City Auditor recommends that ComIT develop a plan to make employees more aware of the common ComIT tools that can help users with IT/computer related questions. 12. That if the City Auditor concludes that it would be prudent and cost effective to retain the services of an outside technology consultant or auditor with technological expertise on a contract basis, and the City Auditor concludes that additional funds are needed to procure those services, then the City Auditor shall submit an appropriations ordinance for consideration by City Council. Conclusion(s) ➢ The City Auditor determined that the current Audit Staff possessed the expertise and experience to effectively address City Council's concerns expressed in items one through six of the City Council Resolution. However, the scope of this audit did not include the City's Capital Improvement Program (CIP) for Communications and Information Technology (CIT) which contains numerous projects totaling approximately $107 -Million. In addition, the scope does not address the need for a comprehensive Citywide Technology Plan. The technical skills, expertise and experience needed to address these needs would have to come from outside the organization. Recommendation(s) 12.1 The City Auditor agrees with City management that the City should engage an external Information Technology Consultant with established expertise to develop a Citywide Technology Plan. The level of expertise and sophistication required to develop an effective technology plan for an organization of this size and complexity will, no doubt, require significant resources. We recommend ComIT coordinate with the Office of the City Auditor, appropriate City staff and City Council to develop the specific deliverables and associated cost estimates that will meet City Council's expectations for such an endeavor. Councilman Wood, Liaison — Audit Committee, expressed appreciation to Lyndon S. Remias, City Auditor, for his dedicated efforts. The Citizens Audit Committee received this Briefing on Friday, December 5, 2008. Mr. Remias mentioned a refund of a small amount in this fiscal year; however, $30,000 last fiscal year was a result of ComIT using an incorrect click rate per copy of $.008 as opposed to the correct rate of $.007. Will this money be refunded to the General Fund? Councilman Wood understands the reason is to keep the print shop working in the "black", but perhaps they should charge departments the actual cost as opposed to charging an extra amount. Mr. Remias advised the money would be refunded to the General Fund and some of the other respective funds. This information will be provided. Councilman Wood referenced a conclusion in Item 11: Communications and Information Technology recognizing their role as a support department rather than being the determiner for a department's technology needs. Council Lady Wilson referenced the Auditor's recommendation of 9-1-1 being placed under a different department. December 9, 2008 -12- CITYCOUNCIL BRIEFING COMMUNICATIONS AND INFORMATION TECHNOLOGYAUDIT ITEM # 58339 (Continued) The City Manager advised this would be reviewed during consideration of the FY 2008-2009 Operating Budget. This situation existed previously when it was in one of the service provision departments and it was a constant problem. Due to its size, the City Manager wouldfavor a separate retaining department. This would entail a larger cost and options have been prepared for City Council. Council Lady McClanan believes it a mistake when 9-1-1 was moved from Public Safety. Council Lady McClanan believes the members of 9-1-1 were the most knowledgeable and best trained. The Police and Fire Departments need to be listened to. Councilman Wood requested the Municipal Reference Library prepare research. Out of eight (8) cities and counties surveyed, seven (7) of them have their Emergency Communications within a Public Safety agency. On a national level, the trend is approximately the same. Councilman Diezel inquired if the 9-1-1 Emergency system is "knocked out" across the board, what is the back-up plan? Councilman Diezel also inquired relative operability between adjacent communities. Homeland security stressed combined resources are absolutely essential. Councilman Diezel expressed concern re the citizen survey. There is a 5 -minute response time for critical emergencies. Councilman Diezel also inquired re the definition of employee morale posed in the survey and reported cost savings. The City Manager advised the question posed in the survey indicated "Have you had reason to contact the City through the 9-1-1 system in the previous year and how would you rate your satisfaction level?" Gretchen Hudome advised morale is a subjective definition of each of the individuals. Council Lady Wilson referenced in 2003 discussion placing Global Positioning System (GPS) devices in ambulances and other safety vehicles. Page 10 of the report states that Phase I of the automatic Vehicle Locator (AVL) is being implemented. Council Lady Wilson expressed concern re the delay in time. Gwen Cowart — Director of Communications and Information Technology, advised essentially this is a chain of dependencies and one system had to be in place for the next phase to be implemented. The Automatic Vehicle Locator (AVL) project was centered on first replacing the mobile data terminals in the Police Department, commencing in late 2006 and completed this past Spring. The Global Positioning Systems (GPS) are in all the vehicles now and the Automatic Vehicle Locator (AVL) is being implemented to display these vehicles on the maps in the 911 Dispatch Center. Immediately after this process will be the deployment of the software, as a necessary part of the computer dispatch system that will then allow the mobile mapping display on these new mobile data terminals in the vehicles. The vehicle mapping funding was just approved in FY 2008-2009. One of the major changes in the mobile data replacement process was replacement of the Motorola proprietary hardware which limited the vendor selection. The mobile data terminals now are electronic lap tops and give the capability to interact with many other products. Mayor Oberndorf referenced the recognition of the employees of the 9-1-1 Dispatch Center. Mayor Oberndorf advised showers and work-out areas are available now which were not in the basement of the Police Station. This provides a more humane working opportunity should employees be on duty 24 - hours. Mr. Remias, City Auditor, expressed appreciation to Gwen Cowart and her staff as well as his staff, Chris Ford, and Gretchen Hudome, Deputy City Auditors. December 9, 2008 - 13 - CITYCOUNCIL BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 58340 3:30 P.M. The City Manager introduced Patricia Phillips, Director of Finance, to present information re the Comprehensive Annul Financial Report (CAFR) and the Annual Long Term Debt Report for the year ended June 30, 2008. Mrs. Phillips recognized Don Barnett, Comptroller, Miryam P. Woodson, Principal Accountant, Wendy Hu — Senior Accountant, as the individuals most responsible for the CAFR. Richard N. Dunford, Debt and Financial Services Administrator, along with Patti Porter, Accountant, is also responsible for the long term debt report. Vision/Goals "Create a Financially Sustainable City Providing Excellent Services" ❖ Transparent and Understandable Financia! Information ❖ Audited Financial Statements ❖ External Auditor Report ❖ Internal Auditor Comments GASB 34 Entity -Wide vs Fund Presentation Entity -Wide: Consolidates governmental and business activities — full accrual ➢ Governmental Activities Column ➢ Business Activities Column ➢ Program revenues for each activity ➢ Like private sector accounting Fund Statements: Legal compliance ➢ Separate financial reporting units ➢ No program revenues identified for governmental activities GASB 34 Did the City's Entity -Wide Financial Condition improve during Fiscal Year Ended June 30, 2008? YES! ➢ Net Assets of the Primary Government increased by $147.6 -MILLION from $2.95 to $3. 09 - BILLION • Total Assets Increased by $168.2 -MILLION - Cash increased by $6.3 -MILLION - Net Capital Assets increased $148.2 -MILLION • Liabilities increased by $20.6 -MILLION ➢ Total Revenues increased by $95.8 -MILLION from $1.25 to $1.35 -BILLION ➢ Total Expenses increased by $10.3 -MILLION from $1.19 to $1.20 -BILLION ➢ Resulting increase in Net Assets is not cash, but Capital Assets December 9, 2008 II I - 14 - CITY COUNCIL BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM# 58340 (Continued) GASB 34 Statement of Net Assets Primary Government June 30, 2008 (in billions) Governmental Business Total Assets $ 3.5 $ 1.0 $ 4.4 Liabilities $ 1.2 $ 0.2 $ 1.3 Net Assets $ 2.3 0.8 $ 3.1 GASB 34 Primary Government Capital Assets at June 30, 2008 (in millions) Net Balance Additions/ Balance June 30, 2007 Deletions June 30, 2008 Land and Improvements $ 774.4 $ 46.6 $ 821.0 Buildings ` 668.8 30.5 699.3 Site Improvements 133.5 17.6 151.1 Machinery and Equipment 38.1 8.5 46:6 Infrastructure 835.9 (17.0) 818.9 Utility System 569.8 26.1 595.9 Construction in Progress " 495.2 35.9 531.1 Total Infrastructure & Capital Assets $ 3,515.8 $ 148.2 ; $ 3,663.9 Infrastructure = Roadways, Bridges, Landfill, Hurricane Protection Net of Depreciation December 9, 2008 11 1 11 1111 - 15 - CITY COUNCIL BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 58340 (Continued) GASB 34 Statement of Activities - Primary Government June 30, 2008 (in millions) Program Net Expenses. Revenues Expenses Governmental Activities. $ 1,088.6 $ 291.7 $ (796.9) Business Activities 110.3 127.5 17.2 Total Primary Government $1,198.9 $ 419.2 $ (779.7) General Revenues: Taxes Other Net Increase Net Assets - Beginning Net Assets - Ending 836.8 90.5 147.6 2,946.0 $ 3,093.6 FUNDS General Fund Highlights • Undesignated Fund Balance: $120.1 million - Increase of $16.7 million Amount Over 10% = $13.2 million • Importance of Fund Balance on credit rating Impact on flexibility • Impact on debt service cost • Revenues: Tess than budget by $8.1 million, or <0.8%> • Local $(3.3) million • State $(2.3) million Federal $(2.5) million • Expenditures: Tess than budget by $60.3 million, or 5.6% o • City $25.0 million Schools $35.3 million December 9, 2008 - 16 - CITY COUNCIL BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 58340 (Continued) FUNDS Summary of General Fund Activity - FY08 (in millions) 0/0 of Budaet Actual Variance Budget Revenues $ 1,038.4 $ 1,030.3 $ (8.1) (0.8) Expenditures and Encumbrances 1,078.8 1,018.5 60.3 5.6 Excess Revenues Over (Under) Expenses $ (40.4) $ 11.8 t 52.Z Fund Balance July 1, 2007 ` 176.5 Less Reservations: Loans Future Programs City CIP 2008-09 School Revenue Sharing 11.0 10.2 13.9 33.1 $ 68.2 Fund Balance June 30, 2008 $ 1201 Fund Balance as a percent of Budgeted FY2009 Revenues is 11.2% FUNDS General Fund Local Revenues Under Budget by $3.3 million (in millions) Real Estate Personal Property General Sales Utility Taxes Business Licenses Hotel Taxes Restaurant Meals Other Local Revenue Variance $ 5.7 (9.0) (1.6) (0.1) (3.2) 0.6 (1.1) 5.4 $ (3.3) December 9, 2008 - 17 - CITY COUNCIL BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM# 58340 (Continued) FUNDS General Fund Expenditures For Fiscal Year Ended June 30, 2008 (in millions) Budget Actual Variance City Expenses $ 710.6 $ 685.6 $ 25.0 School (City Funding) 368.2 332.9 35.3 Total Expenditures $ 1,078.8 1,018,5 60.3 Fund Balance Issues • Future Capital Investments — Transportation, Fire Stations, etc. • Economy • Reductions of State and Federal Funding • Resource Allocations • Posture for Economic Recovery 200 150 100 Undesignated General Fund Balance 9.5% 9.0% 8.8% 9.3% 1LIu 12.8% 4 0. % 50 — 9 63.1 73 .6; 4 1.2% 20.. 16.0% 12.0% — 8.0% — 4 0% 2001 2002 2003 2004 2005 2006 2007 2008 I Undesignated GF Balance —+ of Budgeted GF Revenue 0 0% December 9, 2008 - 18 - CITY COUNCIL BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 58340 (Continued) FUNDS Water & Sewer Enterprise Fund Revenues, Expenses & Changes in Net Assets for the Years Ended June 30, 2008 and 2007 (in millions) Total Revenues Total Expenses Increase in Net Assets Total Net Assets— July 1 Total Net Assets — June 30 2008 2007 $ 108.7 $ 100.7 (94.1) (91.4) 14.6 560.9 575.5, $ 9.3 551.6 560.8 FUNDS Storm Water Enterprise Fund Revenues, Expenses & Changes in Net Assets for the Years Ended June 30, 2008 and 2007 (in millions) 2008 2007 Total Revenues $ 22.3 $ 20.3 Total Expenses (14.5) (14.7) Increase in Net Assets $ 7.8 $ 5.6 Total Net Assets —July 1 210.5 204.9 Total Net. Assets — June 30 $ 218.3 210.5 Water and Sewer Fund Standard and Poor's AAA Rating • Competitive Rates • Strong Debt Service Coverage • Strong Liquidity • Low Debt to Plant Ratio December 9, 2008 -19 - CITY COUNCIL BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 58340 (Continued) Mrs. Phillips advised the investment in capital assets is not included in the report, but she will provide a budgetary report to City Council. David Hansen, Deputy City Manager, advised the City Staff is building a 10 year plan to depict the method of improving the fourteen (14) neighborhoods and implement the use of the two cents (2¢) per year increases during the series of Operating Budget briefings in the Spring. FUNDS School Operating Fund- Revenues and Expenses For the Fiscal Year Ended June 30, 2008 (in millions) REVENUES Budget Actual Variance City $ 341.3 $ 306.0 $ (35.4) Local 2.7 3.3 0.6 From Commonwealth 352.8 352.7 (0.2) From Federal Government 14.8 19.9 5.1 Total Revenues $ 711.6 $ 681.7 $ 29.9 EXPENDITURES AND ENCUMBRANCES $ 726.8. $ 697.1 $ 29.7 *Total Reservation in the General Fund of $33.1 million after reduction for revenue sharing formula. FUNDS Capital Improvement Program Expenditures Fiscal Year 2008 (in millions) General Government Projects School Projects Water and Sewer Projects Stormwater Projects Total Capital Project Expenditures $ 188.0 72.8 22.9 6.8 $ 290.5 December 9, 2008 - 20 - CITY COUNCIL BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 58340 (Continued) FUNDS Capital Improvement Program Expenditures Fiscal Year 2008 Key Projects Oceana & Interfacility Traffic Area Conformity & Acquisition Street Resurfacing and Signalization Witchduck Road Phase I The Sandler Center for the Performing Arts Public Safety Communication Infrastructure Replacement Virginia Aquarium Exhibit Gallery Renovation Lynnhaven Parkway Phase IX Convention Center Replacement COPS Implementation of Hampton Roads Overlay Regional Interoperability Network > Human Resources Payroll System Modernization First Colonial Road -Phase III Intersection Improvements - Various Drainage and Utility Projects DEBT Outstanding Debt By Purpose June 30, 2008 Schools, $300,567,964 , 26.34% Water and Sewer, $127,393,356 , 11.17% General Government, $675,571,540 59.21% Storm Water, $10,611,137, 0.93% Agriculture: Reserve Program, $26,807,090 , 2.35% Total Debt Outstanding $1,140,951,088 December 9, 2008 -21- CITY COUNCIL BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 58340 (Continued) FISCAL YEAR 2008-09 Year To Date Revenues ➢ Several revenues are on a negative trend ➢ Real Estate Taxes due December 5 and June 5 ➢ Personal Property Taxes due June 5 ➢ Business License Renewal in March ➢ State reductions not done Expenditures ➢ Well controlled ➢ Favorable compared to three year average ➢ Departmental requirements to return 1.25% January Evaluations ➢ Key tax revenues ➢ Further actions FISCAL YEAR 2008-09 100% ▪ 80% 60% 40% 20% 0% General Fund FY 2008-09 Actual Revenues at November 2008 Compared to Historic Trend 42.26% 45.26%Y 24.70% 22.6°/o 100.00% 10.26=, 2.61% 50.7% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Month + Percent of Three Year Actual Average —X— Percent of FY09 Budget I December 9, 2008 - 22 - CITY COUNCIL BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 58340 (Continued) FISCAL YEAR 2008-09 I 10 8$ 2 General Fund FY 2008-09 Actual Expenditures at November 2008 Compared to Historic Trend 100.00% I/0 84.70%,...---A"...--'.- I% 7604% 68.75% ,. •-•�"~ 60.98% r ,... 1% 50.89% 43.97%r,,- x,43.6% I% 1% 36.VS4 24.3%6.15% 18.5% '73.57 1% x16 .76% +9.04% 1% Jul Aug Sep Oct Nov Dec Jan Month Feb Mar Apr May Jun Percent of Three Year Actual Average —X— Percent of FY09 Budget Councilman DeSteph referenced the MSER (MainStreet Economic Recovery) Report 200812 (President -Elect Barack Obama's Economic Stimulus Package) by the United States Conference of Mayors. The City of Norfolk was referenced, but not Virginia Beach. Councilman DeSteph would be pleased to forward City Council Members a copy upon request. Robert Matthias, Assistant City Manager, advised a comprehensive list is being developed. Senator Warner has advised Virginia Beach is better prepared to come up with "match money" and the City could receive proportionately more funds with "match" as opposed to `free money': Patricia Phillips, introduced the Auditors' Opinion on Financial Statements. John Montoro, Partner - Cherry Bekaert and Holland, provided a brief presentation of the external audit ❖ Unqualified Opinion ❖ Accounting principles generally accepted in the United State of America ❖ Material Transactions and balances ❖ Compliance with laws and regulations material to the financial statements Required Communications ❖ Our responsibility under generally accepted auditing standards: ❖ We assessed risk that the financial statements may contain a material misstatement, either intentional or unintentional ❖ We documented and considered internal controls to assist us with our audit approach, not for the purpose of providing assurance on those controls. ❖ Our responsibility under Government Auditing Standards (The Yellow Book) • We reviewed and tested the City's compliance with laws and regulations, noncompliance with which could have a material impact on the financial statements. ❖ We reviewed compliance with applicable laws and regulations identified in the Specifications for Audit of Counties, Cities and Towns issued by the Auditor of Public Accounts of the Commonwealth of Virginia December 9, 2008 - 23 - CITY COUNCIL BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 58340 (Continued) Required Communications (Continued) d• Our responsibility under OMB A-133 I ❖ We performed procedures in order to express an opinion on the City's compliance with requirements applicable to major Federal programs. Our opinion was unqualified. ❖ We performed tests of controls to assess the City's ability to detect material noncompliance with program requirements, not to express an opinion on controls. • Independence • In accordance with AICPA Rule 101, and the independence standards contained in Government Auditing Standards, we were, and continue to be, independent with respect to the City of Virginia Beach. ❖ Accounting Policies ❖ No new significant policies adopted ❖ No transactions that lacked authoritative consensus • Estimates ❖ These statements include estimates, including: ❖ Allowance for doubtful accounts • Depreciation ••• Value of infrastructure assets ❖ Significant Audit Adjustments ❖ There were no significant audit adjustments proposed by us that would indicate a weakness in the City's reporting process. ❖ There were no misstatements that were not corrected The City Manager advised the City once had the highest water rates in the region, now Virginia Beach has the lowest. This is a concrete example of being able to make the tough decision. Once the City Council increased the water rates prior to the Lake Gaston Pipeline being completed, this decision resulted in the City's low rates. In view of the economy, Virginia Beach has done a good job and he expressed appreciation to the City staff. Although the City is behind 2% in revenues, they were 4% under in expenditures from last year. December 9, 2008 - 24 - CITY COUNCIL COMMENTS 4:22 P.M. ITEM # 58341 Council Lady Henley referenced the items Phase IV Town Center and the Princess Anne Commons development, were not on this City Council Agenda, as scheduled. Council Lady Henley requested in these types of public-private partnerships, the management agreements and the terms be available for public review at least a week prior to being scheduled for a City Council Session. It is very important that City Council has the full understanding and support of the public in making such major financial determinations. December 9, 2008 - 25 - AGENDA REVIEW SESSION 4:03 P.M. ITEM # 58342 11. Ordinances to EXEMPT certain organizations from Personal Property Taxes: n. National Historic Aircraft Foundation o. Summer Shakes, Inc. Philip 1 Kellam, Commissioner of the Revenue, advised these applicants do not qual for exemption. Mr. Kellam noted the National Historic Aircraft Foundation has both business, personal property and a couple of vehicles. The Ordinance requires a public benefit. This ordinance has the intent to provide a public benefit; however, in their correspondence, both verbal and written, the National Historic Aircraft Foundation indicated their activities are all towards building their Foundation and, at this point, they are not providing any public benefit. The application of Summer Shakes, Inc. is set up as a non-profit, but also has a for profit" section of their enterprise, which is an after hours social club. The theatrical operation provides a benefit to the City by offering Shakespearean theme events at the Oceanfront. However, the social club does not. The audit of this after hours bar revealed substantial underreporting of business license and trustee taxes. ITEM # 58343 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 16-12.7 of the City Code re Certificates to EXEMPT certain housing units from Rental Inspection Fees 3. Ordinance to ACCEPT a Deed of Dedication from WBM, LLC re access to the Norfolk Avenue Trail (Shadowlawn) 4. Ordinance to ACCEPT a parcel of land from Assem M. Amin for public access in the 500 block of South Lynnhaven Road along London Bridge Creek 5. Ordinance to ACQUIRE Parcel 2-A-2, Princess Anne Place, in fee simple, from Harold C. and Deanna S. Lloyd at Heron Ridge Golf Course 6. Ordinance to ACCEPT permanent drainage easements by property owners on Goodspeed Road, Princess Anne Hills 7. Ordinance to AUTHORIZE Bids For Lease of property at 3425 Clubhouse Road, Bow Creek, re cell towers 8. Resolution to AUTHORIZE an annual permit for Special Event Providers of Emergency Medicine re Private Ambulance Services 9. Resolution to REFER to the Planning Commission for their recommendation the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan (Burton Station) December 9, 2008 - 26 - AGENDA REVIEW SESSION ITEM # 58343 (Continued) 10. Ordinances to EXEMPT certain organizations from Real and Personal Property Taxes: a. American Cancer Society, South Atlantic Division, Inc. b. Equi -Kids Therapeutic Riding Program c. Little Theater of Virginia Beach, Inc. d. Virginia Beach Events Unlimited, Inc. 11. Ordinances to EXEMPT certain organizations from Personal Property Taxes: a. American Center for Law and Justice, Inc b. Battelle Memorial Institute c. Evelyn 's Wildlife Refuge, Inc. d. First Landing Foundation e. Hope for Life Rescue, Inc. f. Let's Talk, Inc. g. Rampona Orphans International and Mission Fund h. Sun Wheelers, Inc. i. Tidewater Division, Mideast Region, of the National Model Railroad Association j. United in Him k. Virginia Beach Court Appointed Special Advocates, Inc. 1. Virginia Beach, Educational Broadcast Foundation, Inc. m. Virginia Society for Human Life Educational Fund, Inc. (Tidewater Chapter) n. Young Musicians of Virginia, Inc. o. National Historic Aircraft Foundation p. Summer Shakes, Inc. 12. Ordinance to APPROPRIATE $132, 000 DEA seized property funds to the Commonwealth's Attorney re purchase of office equipment 13. Ordinances re SCHOOL funding: a. APPROPRIATE $33,065,747 from the School Special Revenue Fund re various Capital Projects b. APPROPRIATE $679, 448 and substitute funding sources in the FY 2008-09 Capital Budget re School renovations 14. Ordinance to TRANSFER $740,000 re rights-of-way acquisition for the Southeastern Parkway and Greenbelt Project Item 11 o.p. National Historic Aircraft Foundation/Summer Shakes, Inc. will be DENIED, BY CONSENT Council Lady Wilson will ABSTAIN re Item 14. (Southeastern Parkway and Greenbelt Project) December 9, 2008 - 27 - A GENDA REVIEW SESSION ITEM # 58344 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 2. Application of BUKOLA A. ODUYELU, D.D.S., P.C. for a Change of Zoning District Classification from R-20 Residential District to Conditional 0-1 Office District at 2264 London Bridge Road re an office building at SGA 10, South Oceana Area. DISTRICT 7 - PRINCESS ANNE 3. Application of 501 22ND STREET, LLC for a Change of Zoning District Classification from A-12 Apartment District to Conditional RT -3 Resort Tourist District at 501 22nd Street re a product showroom and office at the Resort Area. DISTRICT 6 - BEACH 4. Application of AGAPE FULL GOSPEL DELIVERANCE and WORSHIP CENTER for a Conditional Use Permit re a church and related facilities at 6620 Indian River Road. DISTRICT 2 - KEMPSVILLE December 9, 2008 - 28 - ITEM # 58345 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). Acquisition/Disposition of City Property: Princess Anne District Beach District Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 4:40 P.M. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf , John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Ron A. Villanueva (Closed Session: 4:40 P.M. - 5:15 P.M.) (Dinner: 5:15 P.M. - 5:40 P.M.) (Photos: 5:45 P.M. - 5:55 P.M.) December 9, 2008 I - 29 - FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL December 9, 2008 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 9, 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, James L. Wood and Rosemary Wilson Council Members Absent: None INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Oberndorf advised this past Thanksgiving Rabbi Zoberman and his entire congregation celebrated Thanksgiving the night before the actual feast at the Eastern Shore Chapel. 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 10, 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 identfing 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. December 9, 2008 - 30 - 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 identfing 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. December 9, 2008 Item V -E. CERTIFICATION OF CLOSED SESSION -31 - ITEM # 58346 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 December 9, 2008 I 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 #58345, Page 28, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk December 9, 2008 Item V -F.1 - 32 - ITEM # 58347 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 25, 2008, and December 2, 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 Rosemary Wilson , John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 9, 2008 - 33 - Item V G. ITEM # 58348 CEREMONIAL RECOGNITION for the Honorable Meyera E. Oberndorf, Mayor — City of Virginia Beach 1988 — 2008. Ernestine Middleton, representing the Public Library Board, PRESENTED a Resolution commending Mayor Oberndorf for her devotion to libraries, books, reading and education. Council Lady Barbara M Henley speaking for David S. Salmons — Chair, Agricultural Advisory Commission, PRESENTED the Resolution of the Virginia Beach Agricultural Advisory Commission recognizing the twenty (20) years of dedicated, untiring and faithful service of Mayor Meyer E. Oberndorf Jaynes A. Wood, Chair — Virginia Beach Board of Zoning Appeals, PRESENTED a Resolution recognizing the Honorable Meyera E. Oberndorf as a faithful defender of the City's physical environment, a powerful proponent of affordable housing and a spirited advocate of vibrant mixed-use developments that have also enhanced the quality of life in our community. Donna S. Morris, Chair — Community Services Board, PRESENTED a Resolution recognizing and celebrating the career and accomplishments of the Honorable Meyera E. Oberndorf and thanked her for her leadership, compassion and commitment to making Virginia Beach the "Community for a Lifetime". Fav Silverman, Human Rights Commission, in the absence of the Reverend William A. Dyson, due to a death of his Mother, PRESENTED a Resolution to Mayor Meyera E. Oberndorf recognizing her tremendous support, commitment and dedicated service since 1976. She has continually emphasized the importance of appreciating the diverse cultures, faiths and ethnicities. Donald Jellig, Chair — Virginia Beach Development Authority, PRESENTED a Resolution recognizing Mayor Oberndorf for outstanding contributions. During her tenure, she provided leadership on projects such as the Town Center of Virginia Beach, the Verizon Virginia Beach Amphitheater, the Sportsplex, the STIHL and GEICO expansions and numerous other economic development projects. Over $18 -BILLION in new capital investment for an estimated additional $21 -MILLION in direct real estate taxes each year to the City's General Fund has been created under her leadership. Nick Anoia, Chair — Parks and Recreation Commission, PRESENTED a Resolution recognizing and commending Mayor Meyera E. Oberndorf for her undying commitment and true understanding of the important role that Parks and Recreation has in making the City of Virginia Beach "A Community for a Lifetime." December 9, 2008 - 34 - Item V -G.1. ITEM # 58348 (Continued) CEREMONIAL RECOGNITION for the Honorable Meyera E. Oberndorf, Mayor — City of Virginia Beach 1988 — 2008. Dr. Carolyn Lincoln, Chair — Social Services Advisory Board, PRESENTED a Resolution recognizing Manor Oberndorf's years of support. Mayor Oberndorf's support of families with a strong ethical and moral courage of conviction has been a " beacon of light at the end of the tunnel " for many. Brian Plumley, Chair — Virginia Beach Wetlands Board, PRESENTED a Resolution recognizing the dedicated, untiring and faithful service of Mayor Meyera E. Oberndorf. The Mayor and Members of City Council have supported the efforts of the Board to protect the City's wetlands and beaches from destruction as well as defend the rights of individuals whose applications have been considered by the Board and have supported the continued funding of the Virginia Institute of Marine Science which advocates for the environment before the Board. Janice Pickrell Anderson, Chair — Virginia Beach Planning Commission, accompanied by Commissioners: Jay A. Bernas, Katherine K. Katsias, Henry L. Livas, Jr. and Philip L. Russo, Jr., PRESENTED a Resolution to Mayor Meyera E. Oberndorf. Under her leadership the City of Virginia Beach has gained: Preservation of the future vitality of the City with the building of the Lake Gaston pipeline; strong resolve in protecting and preserving the rural character of the southern portion of our City; the establishment of a Central Business District, with Town Center giving the City a cultural and urban flare; and improvements to the Resort Area such as the picturesque Boardwalk and state of the art Convention Center, making our City a "first class resort" destination. December 9, 2008 Item V -G.2. ADD-ON - 35 - ITEM # 58349 Upon motion by Councilman Villanueva, seconded by Vice Mayor Jones, City Council ADDED to the Consent Agenda as Item 15 and 16: Resolution naming the Central Library: "The Meyera E. Oberndorf Central Library" Resolution naming the garden at Red Wing: "The Reba S. McClanan Fragrance Garden" 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 Rosemary Wilson , John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: December 9, 2008 - 36 - None ItemVG.3. ADOPT AGENDA FOR FORMAL SESSION ITEM # 58350 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution naming the Central Library: "The Meyera E. Oberndorf Central Library" Resolution naming the garden at Red Wing: "The Reba S. McClanan Fragrance Garden" December 9, 2008 - 37 - Item V -G.2. PRESENTATION ITEM # 58351 Mayor Oberndorf RECOGNIZED the following Boy Scout in attendance. Boy Scout Troop 490 Sponsored by: St. Gregory's the Great Catholic Church David Cousins — Eagle Scout Patrick Cousins Scout Leader Mayor Oberndorf presented City Seal pins. December 9, 2008 - 38 - Item V -G.3. PRESENTATION ITEM # 58352 Mayor Oberndorf RECOGNIZED the attendance of students from Mrs. Diana Watson 's PRINCESS ANNE HIGH SCHOOL's Advanced Government Classes. Angela Fava International Baccalaureate Program Gina DeMarco Advanced Placement Student Mayor Oberndorf presented the Students City Seal pins. December 9, 2008 Item V -H.1. PUBLIC HEARING - 39 - ITEM # 58353 Mayor Oberndorf DECLARED A PUBLIC HEARING: ACQUISITION OF EASEMENTS — Cape Henry Beach The following registered in OPPOSITION. I Darrell Parker, Director — Virginia Coastal Access Now (VCAN), 195 Green Kemp Road, Phone: 497-2230, registered in OPPOSITION. VCAN supports the City's effort to put an end to continued questionable claim by a few waterfront property owners that Cape Henry Beach is a private beach. No beach or waterfront in Virginia Beach or within Virginia's coastal zone is truly private. RAN expects the City to address public parking needs and/or the creation of additional public parking, where possible at Cape Henry Beach to provide real public access. Said statement is hereby made a part of the record. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 9, 2008 Item V -H.2. PUBLIC HEARING - 40 - ITEM # 58354 Mayor Oberndorf DECLARED A PUBLIC HEARING: RENTAL INSPECTION - Exemption of Fees There being no registered speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 9, 2008 Item V -H.3. PUBLIC HEARING -41 - ITEM # 58355 Mayor Oberndorf DECLARED A PUBLIC HEARING:• LEASE OF CITY PROPERTY 2181 AND 2257 Landstown Road There being no registered speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 9, 2008 Item V -H.4. PUBLIC HEARING - 42 - ITEM # 58356 Mayor Oberndorf DECLARED A PUBLIC HEARING: REAL and PERSONAL PROPERTY TAX Proposed Exemptions Judy Kurtz, Executive Director — Virginia Beach (CASA) Virginia Beach Court Appointed Special Advocates, Inc. (Item 11.k.), 2245 Haversham Close, expressed appreciation for City Council's SUPPORT Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 9, 2008 - 43 - Item V -K. ORDINANCES/RESOLUTIONS ITEM # 58357 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1, 3, 4, 5, 6, 7, 8, 9, 10a/b/c/d, 11 a/b/c/d/e/f/h/i/j/k/lm and n, 11 o/p (DENIED), 12, 13a/b, 14, 15 (ADDED) and 16 (ADDED) 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 L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Wilson ABSTAINED on Item K.14 (Southeastern Parkway and Greenbelt) although not involved with the property at the present time, she was a few years ago. December 9, 2008 - 44 - Item V -K1. ORDINANCES/RESOLUTIONS ITEM # 58358 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND Section 16-12.7 of the City Code re Certificates to EXEMPT certain housing units from Rental Inspection Fees 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 December 9, 2008 111 1 AN ORDINANCE TO AMEND SECTION 16- 2 12.7 OF THE CITY CODE REGARDING 3 RENTAL INSPECTION CERTIFICATES TO 4 EXEMPT CERTAIN HOUSING UNITS FROM 5 THE PAYMENT OF RENTAL INSPECTION 6 FEES 7 8 Section Amended:§ 16-12.7 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 16-12.7 of the City Code is hereby amended and reordained to read 14 as follows: 15 16 Sec. 16-12.4. Inspection and certificate required. 17 18 (a) Initial inspection. The code enforcement administrator may, in conjunction with 19 written notification pursuant to section 16-12.3, inspect the dwelling units in the 20 designated rental inspection districts to determine whether the units are used as 21 residential rental property and whether such units are in compliance with the 22 provisions of the Uniform Statewide Building Code that affect the safe, decent 23 and sanitary living conditions for the tenants of such property. 24 25 (b) Periodic inspections. Following the initial inspection of a residential rental 26 dwelling unit, the code enforcement administrator may inspect any residential 27 rental dwelling unit in a rental inspection district that is not otherwise exempted a 28 maximum of once per calendar year. 29 30 (c) Follow-up inspections Upon the initial or periodic inspection of a residential rental 31 dwelling unit, the code enforcement administrator may require the owner of the 32 dwelling unit to submit to such follow-up inspections of the dwelling unit as the 33 code enforcement administrator deems necessary, until such time as the 34 dwelling unit is brought into compliance with the provisions of the Uniform 35 Statewide Building Code that affect the safe, decent and sanitary living 36 conditions for the tenants. 37 38 .... 39 40 Sec. 16-12.7. Issuance of certificate; fees. 41 42 L There shall be a fee of fifty dollars ($50.00) for the initial inspection and one re - 43 inspection on rental dwelling units in rental inspection districts created by city 44 council. If subsequent follow-ups are required, there shall be charged a fee of 45 fifty dollars ($50.00) per dwelling unit for each subsequent unit follow-up. No 1 46 follow-up shall be performed, nor any certificate be issued, until all fees have 47 been paid. 48 49 (b) No fee shall be required for those rental dwelling units participating in the 50 following: 51 52 (1) The HUD Housing Choice Voucher program administered by the City; 53 54 (2) A program that provides ongoing rental subsidies from the City; or 55 56 (3) A program that requires more stringent inspection requirements than 57 those referenced above due to prior funding or requirements imposed by 58 the Department of Housing and Neighborhood Preservation. 59 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of 62 December, 2008. U 4 � y 0 0 PO O v U =" a" O 7 44, 0 Ott rU Ct Wo o � • 0 co eks 0 U CsAU 0 z U •O U tn - ^ C� i' 0w • ni't3 O Ci:,) 4-4 U 6 m vs 0 °f:)- � a •o 4-4 U U CZ w 0 Ct O O U ul U cH v bA U 5 cA O • O '0 9 Q a U 0 z u a G O e• tw 0 0 rn O • MS c/1 N cd 0 "O'-' ce •0 0 Z - 45 - Item V -K.2. ORDINANCES/RESOLUTIONS ITEM # 58359 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to ACQUIRE permanent easements to protect the public's right for recreation and provide sand replenishment at Cape Henry Beach by agreement or condemnation 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 December 9, 2008 1 AN ORDINANCE TO PROTECT THE PUBLIC RIGHT 2 TO ENJOY THE BEACH AT CAPE HENRY BY 3 AUTHORIZING ACQUISITION OF PERMANENT 4 BEACH EASEMENTS FOR PUBLIC RECREATION 5 AND FOR SAND REPLENISHMENT AT CAPE 6 HENRY BEACH, EITHER BY AGREEMENT OR 7 CONDEMNATION 8 9 WHEREAS, for many years, the public has enjoyed the right to use the beaches 10 along the Chesapeake Bay at Cape Henry Beach for recreation, and the City has 11 monitored and maintained those beaches for public enjoyment. 12 13 WHEREAS, some properties along Cape Henry are experiencing erosion of the 14 beach both from storm damage and natural erosion, and shore protection is necessary 15 and appropriate to protect the properties along the beach and preserve the ability of the 16 property owners and the public to recreate on Cape Henry Beach; 17 18 WHEREAS, the Army Corps of Engineers has a dredge project in the Lynnhaven 19 Inlet, tentatively scheduled to begin in 2009, and will have dredged sand available for 20 beach replenishment from this dredge project and other similar future dredge projects; 21 22 WHEREAS, the City wishes to enter into an agreement with the Army Corps to 23 utilize the dredged sand along the Cape Henry beaches; 24 25 WHEREAS, there are unresolved issues regarding the title to the sandy beaches 26 along Cape Henry Beach, the rights of the public to recreate and the rights of the City to 27 maintain, monitor and exert control over these beaches; 28 29 WHEREAS, the City Council believes that the City has rights to protect the Cape 30 Henry beaches and preserve them for public recreation, based upon a long history of 31 both public use and the City's maintenance, monitoring and control; however, upon 32 information and belief, private property owners contend there is no public right to 33 recreate or City right to maintain the beaches; 34 35 WHEREAS, the sandy beaches along Cape Henry consist of a variety of real 36 estate interests, with several documented public easements and fee interests, including 37 areas where owners have recently dedicated easements to the City and several areas 38 where private owners claim exclusive ownership interests; 39 40 WHEREAS, the City Council of the City of Virginia Beach believes it is important 41 and necessary that the public interest along Cape Henry Beach be confirmed to be 42 uniform and complete, allowing the public to use the beach for recreation and allowing 43 the City to effectively maintain and protect it; 44 45 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 46 public necessity exists for conclusively establishing the right of the public to recreate on 47 the sandy beaches along Cape Henry Beach and for the construction of a sand 48 replenishment/re-nourishment project to provide shore protection along the Chesapeake 49 Bay and for the for other related public purposes for the preservation of the safety, 50 health, peace, good order, comfort, convenience, and for the welfare of the people in 51 the City of Virginia Beach. 52 53 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA: 55 56 Section 1. That the City Council authorizes the acquisition by purchase or 57 condemnation, pursuant to Sections 15.2-1901, et seq., and Title 25.1 of the Code of 58 Virginia of 1950, as amended, of public beach easements (the "Easements") for public 59 recreation and shore protection as stated above and for other related public purposes 60 for the preservation of the safety, health, peace, good order, comfort, convenience, and 61 for the welfare of the people in the City of Virginia Beach, across the areas of the Cape 62 Henry beaches, to the extent that public easements or property ownership are not 63 already confirmed, such properties being more particularly described on Exhibit A, 64 attached hereto and hereby made a part of this Ordinance. The acquisition plats for the 65 Easements are on file in the Coastal Engineering Division, Department of Public Works, 66 City of Virginia Beach, Virginia. 67 68 Section 2. That the City Manager is hereby authorized to make or cause to be 69 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 70 reasonable offer to the owners or persons having an interest in the property that will be 71 affected by said Easements. If refused, the City Attorney is hereby authorized to 72 institute proceedings to condemn said Easements. 73 74 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day 75 of Da,cervber , 2008. CA10749 R-1 V:\applications\citylawprod\cycom32\W pdocs\D007\P004\00064285. DOC PREPARED: 12/1/08 APPROVED AS 0 CONTENT APPROVED AS TO LEGAL PU RKS SUFFICIENCY ANFORM 1‘ CITY ATTORN Location Map — Cape Henry Beach Easements EXHIBIT A A variable -width public recreation easement and co -located construction easement, with ingress and egress to same, over all areas of the properties listed below, northward from the seaward toe of the dune or bulkhead: Property GPIN Beach Castle Condominium 1580-90-6640 Bay's Edge Condominium 1580-90-0194 Osprey Villas Condominium 1580-90-0040 Poseidon Court Condominium 1489-99-0756 WIR, LLC 1489-89-8912 3232 Page Avenue 1489-89-9629 Lynnhaven Dunes Condominium 1489-89-6716 - 46 - Item V -K.3. ORDINANCES/RESOLUTIONS ITEM # 58360 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT a Deed of Dedication from WBM, LLC re access to the Norfolk Avenue Trail (Shadowlawn) 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 December 9, 2008 1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE 2 OF A DEED OF DEDICATION FOR A SHARED USE 3 PATHWAY EASEMENT ACROSS THE EAST SIDE OF 4 PARCEL 1, SHADOWLAWN NORTH TO ACCESS 5 THE NORFOLK AVENUE TRAIL. 6 7 WHEREAS, WBM, L.L.C., a Virginia limited liability company ("WBM") owns Parcel 8 1, Shadowlawn North, identified as GPIN 2417-84-6359, located on the north side of the 9 City -owned Norfolk Avenue Trail in the Beach District (the "Property"); 10 11 WHEREAS, WBM has offered to dedicate to the City of Virginia Beach a 10' wide 12 shared use pathway easement (the "Easement") across the eastern 10' of the Property to 13 access the City -owned Norfolk Avenue Trail; 14 15 WHEREAS, the Department of Parks and Recreation has determined that the 16 Easement is needed for public recreation purposes in connection with the Norfolk Avenue 17 Trail. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the City Council authorizes the acceptance of a Deed of 23 Dedication from WBM, L.L.C. to the City of Virginia Beach, pursuant to section 15.2-1800, 24 Code of Virginia (1950), as amended, for a 10' wide shared use pathway easement across 25 the eastern 10' of Parcel 1, Shadownlawn North. 26 27 2. That the City Manager or his designee is authorized to execute all 28 documents that may be necessary or appropriate in connection with accepting the 29 dedication of the Easement, so long as such documents are acceptable to the City 30 Manager and the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of 33 December ,2008. CA -10775 V:\applcations\citylawprod\cycom32\W pdocs\D021T004VX1073007.DOC R-1 PREPARED: November 25, 2008 APPROVED AS TO CONTENT Parks and Recreation DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 110 tA W1\4,110\1\1 CITY ATTORNEY EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a) (3) AND 58.1-811(c) (5) REIMBURSEMENT AUTHORIZED UNDER SECTION 25.1-418 DEED OF EASEMENT THIS DEED OF EASEMENT, made this day of , 20 by and between WBM, LLC, a Virginia limited liability company, hereinafter called the Grantor, party of the first part, and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, hereinafter called the Grantee, party of the second part. WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00) cash in hand paid, and other good and valuable considerations, the receipt of which is acknowledged, the Grantor does hereby sell, assign, transfer, grant and convey, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, a perpetual, 10 feet wide shared use pathway easement (the "Easement") to the Grantee, its agents, assigns and successors to construct, reconstruct, alter, operate and maintain a pathway to the Norfolk Avenue Trail upon and across lands and property of the Grantor, including the right of ingress and egress to the same, as more particularly described as follows: ALL THAT certain easement upon and across land situate, lying and being in the City of Virginia Beach, Virginia, being designated as "10' SHARED USE PATHWAY EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH (1095SF)" as shown on that certain plat entitled "10' SHARED USE PATHWAY EASEMENT OF PARCEL 1, SHADOWLAWN NORTH TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH", dated August 15, 2008, made by Kellam Gerwitz Engineering, Surveying, Planning and attached hereto as Exhibit A, to which reference is made for a more particular description. GPIN: 2417-84-6359 Prepared by: Virginia Beach City Attorney's Office Page 1 of 5 II I The Grantor by execution of this instrument acknowledges that the plans for the aforesaid project as they affect its property have been fully explained to the undersigned. It is agreed between the parties hereto that the Grantee, its agents, assigns and successors shall have the right to inspect the said Easement and to cut and clean all undergrowth and remove other obstructions in and along the said Easement or adjacent thereto that may in any way endanger or interfere with the proper use of the same, and to make use of the adjacent property for ingress and egress and for other activities necessary to construction, reconstruction, alteration, operation and maintenance of the said Easement. The Grantor and its agents, assigns and successors agree that the Grantee shall not be liable for any maintenance work whatsoever to the areas encompassed in the said Easement except if the Grantee is required to perform excavation within the said Easement in order to effectuate maintenance or repair of said Easement. All other maintenance of the area encompassed by the said Easement shall be done by the Grantor, and the Grantee shall have no duty or liability to perform any routine maintenance work in the said Easement other than that work which arises out of maintaining or repairing the said Easement. The Grantor and its agents, assigns and successors agree that when requested by the Grantee, it shall remove any fence(s), structure(s), landscaping, vehicle parking or other obstruction within forty-eight hours of receipt of written notice requesting such removal. Except that in an emergency or failure to remove after written notice Grantee will remove, or have removed by others, any impediment to access, maintenance or operation and Grantor agrees it is responsible for replacement of said fence(s), structure(s), landscaping, vehicle parking or other obstruction at its sole expense. Page 2 of 5 The Grantor covenants and agrees for it, its assigns and successors, that the consideration aforementioned shall be in lieu of any and all claims of compensation and damages by reason of the location, construction, reconstruction, alteration or maintenance of the said Easement. IN WITNESS WHEREOF, WBM, LLC, a Virginia limited liability company, has caused this Deed of Easement to be executed pursuant to due authority. WBM, LLC, a Virginia limited liability company By: (SEAL) Name: Title: ACKNOWLEDGMENT OF OWNER/DEVELOPER COMMONWEALTH OF VIRGINIA CITY OF , to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that for WBM, LLC, whose name is signed to the foregoing Instrument, has acknowledged the same before me in my City and State aforesaid. He/She/They is/are personally known to me or has/have produced identification. GIVEN under my hand this day of , 20 Notary Public: My Commission Expires: Notary Registration Number: Name of Bank or Mortgage Company By: (SEAL) Page 3 of 5 II 1 ACKNOWLEDGMENT OF TRUSTEE COMMONWEALTH OF VIRGINIA CITY OF , to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , for Towne Bank, whose name is signed to the foregoing Instrument, has acknowledged the same before me in my City and State aforesaid. He/She/They is/are personally known to me or has/have produced identification. GIVEN under my hand this day of , 20 Notary Public: My Commission Expires: Notary Registration Number: Page 4 of 5 (CITY'S ACKNOWLEDGMENT) ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH: City Manager or his Designee or City Real Estate Agent COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/ AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO § 2-154 OF THE CITY CODE, whose name is signed to the foregoing agreement, bearing date the day of , 20 , has acknowledged the same before me in my City and State aforesaid. He/She is personally known to me. GIVEN under my hand this day of , 20 Notary Public: My Commission Expires: Notary Registration Number: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Parks and Recreation City Attorney Page 5 of 5 "A" EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH /-- V \ VAR. WIDTH PUBLIC \ DRAINAGE & \ IMPOUNDMENT EASEMEN T \ (INSTR. # 2006060800008690050) 259.99 249.99' GRAPHIC SCALE 10 0 5 10 20 40 FEET 1 INCH = 20 FEET `24‘ 10' SHARED USE PATHWAY EASEMENT — TO BE DEDICATED 20' PUBLIC TO THE CITY OF DRAINAGE ESM'T VIRGINIA BEACH (INSTRUMENT # (1095 SF) 2006060800008690050) WAW/wcg SCALE: 1" = 20' i 256.81' 11.-89'26'15" E 267.08' CITY OF VIRGINIA BEACH BIKEWAY (AKA NORFOLK AVENUE TRAIL) 2417-64-9312 PARCEL 1 2417-84-6359 (INSTR. # 2006060800008690050) AUGUST 15, 2008 \</� �z z\ �\��`o ceo\f, \(,,\ \cA/1, X0.27' 05273_exh—bike.dwg SHEET 1 OF 1 10' SHARED USE PATHWAY EASEMENT OF Parcel 1, SHADOWLAWN NORTH TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH VIRGINIA BEACH VIRGINIA ENGINEERING - SURVEYING - PLANNING 500 CENTRAL DRIVE - SUITE 113 - VIRGINIA BEACH, VA 23454 (757) 340-0828 - FAX (757) 340-1603 HS2iWW - 47 - Item V -K.4. ORDINANCES/RESOLUTIONS ITEM # 58361 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT a parcel of land from Assent M. Amin for public access in the 500 block of South Lynnhaven Road along London Bridge Creek 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 December 9, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE OF A .85 - ACRE (+/-) PARCEL OF REAL PROPERTY ON THE 500 BLOCK OF S. LYNNHAVEN ROAD, VIRGINIA BEACH, VA TO BE DONATED BY ASSEM M. AMIN WHEREAS, ASSEM M. AMIN ( "Amin") owns .85 acres (+1-) of property located on the 500 Block of S. Lynnhaven Road (the "Property") GPIN 1496-17-9943 and more particularly described on Exhibit A attached hereto; WHEREAS, Amin has offered to dedicate the Property to the City of Virginia Beach as a charitable donation; WHEREAS, the Property is unimproved and has frontage along London Bridge Creek, a tributary to the Eastern Branch of the Lynnhaven River; WHEREAS, the City Council finds that accepting the Property will further the recreational needs of the City as a public canoe and kayak launch. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council authorizes the acceptance of the dedication of the Property (described on Exhibit A) by Assem M. Amin to the City of Virginia Beach by Deed of Gift, pursuant to section 15.2-1800, Code of Virginia of 1950, as amended. 2. That the City Manager or his designee is authorized to execute all documents that may be necessary or appropriate in connection with accepting the dedication of the Property, so long as such documents are acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December ,2008. CA10777 PREPARED: November 26, 2008 R-1 V: applications \citylawprod\cycom32 \Wpdocs\D024\P004\00073228.DOC APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY & FORM CA ( ity Attorney k 4° .-17-99 A 1 0- t A; Holland Plannin Area '° attilltrl Ile~ti ,TPotential Water Access \ WCPotential Water Accesvf s — , ` 31 AV '(!• 1 Virginia Power ROW (Oppurtunity Area) I Moroi SwF •+� #. b 264 tle" t ry ?� Li* tine b I aro, dser P.ks•ETt r`ji emery Sc d • aps .Nest Park 4 Elementary cho chool r7 RNA s`1 w� Lake * The LaReVE• rk, t=oter Park -Sr„ - < Holland Elementary The Lakes Parcel 1 2 Scarbrough Square Sec. Scarbrough Square Park rbrough Square Sec 3 Park Ca 1 Estates p$ am Park London Creek Bndge Greenway lem E Champ Salem Stumpy Lake to Back Bay Greenway N Indian Chesapeake 0 0.25 0.5 rj5err �� in Riv 1 1,5 2 Miles 1 Legend - Recreational Areas Undeveloped Property Undeveloped City Property - Public Libraries Public Schools & Colleges GOMM Greenways •* Potential Water Access LEGAL DESCRIPTION Exhibit "A" All that certain lot, piece or parcel of' land, with appurtenances thereunto, belonging, lying, situated and being in Lynnhaven Borough of the City of Virginia Beach, Virginia, and bounded and described as follows: BEGINNING at a point on the Western side of South Lynnhaven Road (30 foot right-of-way) in the western right-of-way of said road at a point where it intersects the middle of London Bridge Creek at Cox's Bridge and the line dividing the property herein described from that of Princess Anne Plaza, Section 21, thence from said point of beginning South 33 degrees 23' West 207.18 feet to apoint; thence South 14 degrees 13' 34" West 146 49 feet to a point; thence South 3 degrees 18' 48" East 53 39 feet to a point; thence North 57 degrees 49' 30" East 307 00 feet to the western right-of-way of South Lynnhaven Road; thence along the western right-of-way of South Lynnhaven Road the following. courses and distances to the point of beginning: North 21 degrees 01' 45" West 99.54 feet to a point; thence along a curve to the left having a radius of 243.12 feet an arc distance of 121.36 feet to a point; thence North 49 degrees 37' 45" West 1.3..78 feet to the point of BEGINNING, as shown on and delineated on Plat of Survey dated June 1, 1966 and R.B. Riddick, C.L. S , Certificated Nos.. 743 and 70. LESS AND EXCEPT that portion of property conveyed to the City of Virginia Beach, Virginia, by Deed dated September 4, 1974 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1447, at page 316. IT BEING the same property conveyed to Ralph 1. Nahra, by Deed dated February 19, 1979, from Union Oil Company of California, and recorded in the aforementioned Clerk's Office in Deed Book 1882, at page 265. -48 - Item V -K.5. ORDINANCES/RESOLUTIONS ITEM # 58362 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACQUIRE Parcel 2-A-2, Princess Anne Place, in fee simple, from Harold C. and Deanna S. Lloyd at Heron Ridge Golf Course 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 December 9, 2008 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FROM HAROLD C. LLOYD 3 AND DEANNA S. LLOYD ADJACENT TO HERON RIDGE 4 GOLF COURSE 5 6 WHEREAS, Harold C. Lloyd and Deanna S. Lloyd (the "Lloyds") are the owners 7 of that certain lot, tract or parcel of land located in the City of Virginia Beach (the "City") 8 and generally known as 2805 County Place GPIN 2403-74-4871; and 9 10 WHEREAS, the City is the owner of property adjacent to the Lloyds' property, 11 being generally known as the Heron Ridge Golf Course • GPIN 2403-45-8591 (the "Golf 12 Course"); and 13 14 WHEREAS, when the Golf Course was constructed, the developer inadvertently 15 installed golf course -related improvements upon the Lloyds' property; and 16 17 WHEREAS, the Lloyds have approached the City and voluntarily offered to sell 18 the affected portion (5,240 sq. ft.) (hereinafter, "Parcel 2-A-2") of their property to the 19 City for the sum of $3,000; and 20 21 WHEREAS, the City Council of Virginia Beach desires to acquire Parcel 2-A-2 22 rather than relocate the golf course improvements. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 Section 1. That the City Council authorizes the acquisition of all that certain real 28 property in fee simple, being designated and described as "PARCEL 2-A-2 AREA: 29 5,240 SQ. FT. = 0.12030 ACRE GPIN 2403-74-1881 NOT A BUILDING SITE", as 30 shown on the plat entitled "SUBDIVISION OF LOT 2-A, PRINCESS ANNE PLACE FOR 31 HAROLD C. & DEANNA S. LLOYD (D.B. 2879 P. 769, D.B. 4106 P.986, M.B. 278, P. 32 19) VIRGINIA BEACH, VIRGINIA" attached hereto as Exhibit A. 33 34 Section 2. The City Manager or his authorized designee is hereby authorized 35 to execute an Agreement of Sale for the purchase of Parcel 2-A-2 pursuant to the 36 Summary of Terms attached hereto as Exhibit B and such other terms, conditions or 37 modifications as may be acceptable to the City Manager and in a form deemed 38 satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of 41 December , 20 CA10776 PREPARED: 11/24/08 R-1 V:\applications\citylawprod\cycom32\W pdocs\D024\P004\00073188. DOC APPROVED AS TO CONTENT D, PIJB IC WORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FO 'M I e CITY ATTO' N Y did g 1g ?11 ° lig. eti;qi 1� 1I!5 g §2 its 1g pie I it" ! ,. g!,6! .s 1 93, 3: It ;ma woo 1� .: �� tmt'Vi "or mom 'Lovas WHOM 'JO . moat Mona AO .eanterfaa - NoI Ma WERNAMEI . men{ Wens I lill 9 1 WPOS vi`f 414/1b3 Z3 toitt e4 i O es F EXHIBIT B ACQUISITION OF PROPERTY IN FEE SIMPLE FROM HAROLD C. LLOYD AND DEANNA S. LLOYD ADJACENT TO HERON RIDGE GOLF COURSE SUMMARY OF TERMS SELLERS: Harold C. and Deanna S. Lloyd BUYER: City of Virginia Beach PURCHASE PRICE: $3,000 PROPERTY: All that certain piece, lot, tract or parcel of land, together with improvements thereon, belonging, lying situated and being in the City of Virginia Beach, Virginia, designated and described as: "Parcel 2-A-2 Area: 5,240 Sq. Ft. = 0.12030 Acre GPIN 2403-74- 1881 Not a Building Site" on that certain plat entitled, "Subdivision of Lot 2-A Princess Anne Place for Harold C. & Deanna S. Lloyd (D.B. 2879 P. 769, D.B. 4106 P. 986, M.B. 278, P. 19) Virginia Beach, Virginia" dated November 1, 2007 prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 111 f IIII X:1ProjectslARC Files)Agenda Maps1 Lloyd PropertylAerial ofUoyd.rnxd - 49 - Item V -K.6. ORDINANCES/RESOLUTIONS ITEM # 58363 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT permanent drainage easements by property owners on Goodspeed Road, Princess Anne Hills 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 December 9, 2008 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF DEDICATION OF 3 PERMANENT DRAINAGE EASEMENTS BY 4 PROPERTY OWNERS ON GOODSPEED 5 ROAD IN PRINCESS ANN HILLS PARK, 6 LYNNHAVEN DISTRICT. 7 8 WHEREAS, the City's Public Works Department identified the area located at the 9 west end of Goodspeed Road in the Princess Anne Hills Park section of the City as an 10 area with inadequate drainage; 11 12 WHEREAS, the acquisition of the drainage easements will alleviate the drainage 13 problems along Goodspeed Road; 14 15 WHEREAS, Dennis Kappatos ("Kappatos") owns 497 Goodspeed Road in Princess 16 Anne Hills Park, Lynnhaven District, GPIN 2419-31-9138; 17 18 WHEREAS, Jonathan L. Schreiber and Elizabeth D. Kulas (collectively, "Schreiber") 19 own 500 Goodspeed Road in Princess Anne Hills Park, Lynnhaven District, GPIN 2419-31- 20 6360; 21 22 WHEREAS, Kappatos desires to dedicate a 10' permanent drainage easement 23 along the west side of 497 Goodspeed Road to the City of Virginia Beach (the "City") and 24 Schreiber desires to dedicate a 5' permanent drainage easement along the east side of 25 500 Goodspeed Road (collectively, the "drainage easements") to the City ; 26 27 WHEREAS, Kappatos and Schreiber offered to dedicate to the City the necessary 28 drainage easements along the common boundary of their respective properties to help 29 alleviate the drainage problems along Goodspeed Road; 30 31 WHEREAS, the City Council of the City of Virginia Beach, Virginia is of the opinion 32 that a public necessity exists to improve the drainage along Goodspeed Road. 33 34 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 35 VIRGINIA: 36 37 1. That the City Council authorizes the City Manager to accept drainage 38 easements from property owners on Goodspeed Road by deeds of dedication pursuant to 39 § 15.2-1800 of the Code of Virginia (1950), as amended. 40 41 2. That the City Manager or his designee is further authorized to execute all 42 documents that may be necessary or appropriate in connection with the acceptance of the 43 dedication of the drainage easements, so long as such documents are acceptable to the 44 City Manager and in a form deemed satisfactory by the City Attorney. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of 47 December , 2008. CA -10767 V \applications\citylawprod\cycom32\Wpdocs\D021\P004\00070312. DOC R-1 November 26, 2008 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works/Real Estate j l ) 02 City Attorn y's Office EXHIBIT A LINE DATA CHART NUMBER DIRECTION °:MANCE DO 09'24' E N BT 33'16 V NUMBER RADIUS CURVE DATA ARC LENDER DELTA ANGLE CHART CHORD °ERECTION CHORD LENGTH TANGENT 50.00 50.00 36.13 41'24'2' 10. 8> 11.32'13' N61.00'15.5 106'04'22'E 35.35 10.05 'Th. 90 5.05 C3 50.00 36.13 41'24'27' N61.08.15, 35.35 10.90 GENERAL NOTES: OUT 2s.4 TORMERLYIONATT ENDLKUEASEIBER IN n CAN 24rsnE1E0 \ 491 19S CNN 2419-31-8377 „rs.6 m6 /--10' PERMANENT DRAINAGE EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH AREA= 703 SQ. FT. GOOOSPEED ROAD (50' R�WI 1 M.B. 41 PG. 21 1. THIS PUT ISA RESULT « A TEDD SURM TO OUSTING MDNUMENIS COMBINED WITH INE COMPINDON 0, DEEDS AND MEP.. SOURCE IS Pu SHOWN . P. BASED ON VIRGIN. STATE PUNK COORDINATE SYSTEM, SOUTH ZONE, IND 1911.991 PHARM COORDINATE VALUES ARE ETPRESSED IN U.S.SURVEY FOOT 1, THIS SURVEY VI. PEwoRMEO WITHOUT THE BENEFIT OFA TITLE REPORT. 4. THIS NAT IS INTENDED TOR DEDICATION PURPOSES ONLY MD DOES NOT CONSTITUTE A SUBOMSION Of EVA. APPRO4ED FVR C. ( 5.4S0 TE 11,71 62 PUB. WORKS, CITY OF VIRGINIA MACK VIRGINIA ,IO2 r,uatg 1 X 003 C DATE x07/7..6 OR C o w DENNISINST KAPPATOS20042 B GAIN 2419-31-913B PART OF LOT 24 WINTIP 50'36'E 3234.19' TO Net�0, 00' DI SCDf' al 11 NB 11� iu0PER mD ND.24111Pm4avEe M11. ar Pc.2 232.04. CRYSTAL LAKE LEGEND • N IFOUNVI ® PERMANENT DRAINAGE EASEMENT GRAPHIC SCALE I - 25 0' 25' 50 \-11uN 033 —BULKHEAD CINE PER MB 41,2 wo LOLAO014 MAP SCALE 1...2640' PAM Of LOT v NOW ORFORMERLY GLENN H GETTIER. IR. & JUDITH R GETTIER IN GNN 112419-41 11211 O ,2N,A N OA 101'21E466', WAID DD, 111. No. 00142S '145 SUR, 0°' NnT low0NG RR PERMANENT DRAINAGE EASEMENT TO ESE DEDICATED TO THE CITY OF VIRGINIA BEACH DENNISROM KAPPATOS 4005 02. 200412290206405 M.B. 41 PG. 21 VIRGINIA BEACH, VIRGINIA 4I`tst B 4B�11�',96 ,,.{- D I�A!rp • SURVEY BUREAU • FNGINFOLNG DIVISION DE,AR1MEM OP MM. WORKS • CITY 04 VIRGINIA BEACH, VIRGINIA DATE OCT.24,2006 PCP.:,•. IS p0RW:CAW IIFEn BK 1'06 1 HIE: maw ;;' 47 EXHIBIT B LOT 1S -A JONATHAN SCHREIBER � D. 11.7 M0.1003.06001.31 GAIN 111,31-6360 GOODSPEE BIAX R\� C221—. --CI 5' PERMANENT DRAINAGE EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH AREA= 281 SQ. FT. (MB. PG. WI ss LOT SQA v Io114 DENIS KMFATOSS rVl NN M 41 02 I ' CRYSTAL LAKE INSET SCALE: 1" = 25' GENERAL NOTES: THIS PUT A A RESULT OF A FIELD SURVEY To LASTING MONUMENTS COMBwED WITH THE COMPIUTON OF DREES AND MATS SHOWN HEREON. 3 MERIDIAN SOURCE L5 BASED ON VIRGINIA 41014 PU NE COORDINATE SYSTEM SOUTH ZONE, NAD 19.1583 MARIA). COORDINATE VALUES ARF MMUS. W U.S. SURVEY FOOT SURVEY WAS PLRFORME0 WD1roUf 311E SWAMI of A m1F WORT. 4. THIS PUT IS INTENDED OR DEDICATION PURPOSES ONLY AND DOES NOT CONSTITUTE A SUBDIVISION Of UND APPROVED f4`G N0.1111.itlYSEr C. ., wy DIREWORKS. CITY OFnINIA BEACH, VIRGINIA 010 SURVEYOR r RTr OF RGINIA 850CH GINN LINE DATA CHART NUMBER DIRECTION DISTANCE LI 5 00.09' 2.1` E L2 L3 N 56'32'5]' V CURVE DATA CHART NUMBER RADIUS ARC LENGTH DELTA ANGLE CHORD o1 RECTI ON CHORD LENGTH TANGENT CI C2 50,00 0.00 5,01 5,06 E 9.31'0]'4 5.01 5.06 2. 53 C3 50,00 15],00 100'OD' Oa' 5081991241E 100.00 0014 11/171Z066 sy LEGEND 5vsp,,,00NS VOWING 0DR NAGE IM.BfASFMENT�1,laa JONATHAN DL K L...5 200.06001.31 INST NO.. 0. 06001.31 u PC.. 40 GF. 241,31-6360 LOT 26-A BUUDRAO UNE PER M.11 41 P.2 ® PERMANENT DRAINAGE EASEMENT 113.53'—_ 509.31'50'6 CRYSTAL 1111111111114.11911 LOT 16 NOW OR 1044 LY ROY A RECTOR JR & DORIANN Al RECTOR GAIN 141,31-0377 G000SPE B ir(1 2D ,��W1 a 3426,13' ADHD �1 o15CVERv et SEE INSET 4".1-36.13' 6.13' \ C232- P ce ,11.0..0,249,,i;)]6.80 DENNIS KAPPATOS Ell 111 1: ND,zmnxx.A2T°S S GAIN1.110,3,008 Ni �1�� 5' PERMANENT DRAINAGE EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH AREA= 281 SQ. FT. LAKE GRAPHIC SCALE I• - 50' 0' 50' 100 LOCAT ON MA SCA F.1•.16.10' 4U,LTN 0, O 11/17I7.40& WAID DD,)R 001425 ,DR NAT .OWING V PERMANENT DRAINAGE EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACHFRom JONATHAN L. SCHREIBER & E. D. KOLAS INTST NO. 10030206m1]s0, MB.. PG. 401 VIRGINIA OUCH. VIRGINIA dA `"1142 `;` !fly • SURVEY BUREAU • iNUNEEUNG DNIsgN DEPARTMENT OF PUBLIC WORKS • CDY OF VIRGINIA BEACH. VIRGINIA am: OCT. 24,1006 II SCALE:1• . So 11 oRW: D4W 1141D B01'o6' 1 FID: ,^ 47 Prepared by P.W./Eng./Eng. Support Services Bureau 1115108 M.J.S. - 50 - Item V -K 7. ORDINANCES/RESOLUTIONS ITEM # 58364 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE Bids for Lease of property at 3425 Clubhouse Road, Bow Creek, re cell towers 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 December 9, 2008 1 AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF 2 A PORTION OF THE CITY PROPERTY LOCATED AT 3425 3 CLUBHOUSE ROAD (BOW CREEK NEIGHBORHOOD 4 PARK) FOR THE PURPOSE OF CONSTRUCTING, 5 MAINTAINING AND OPERATING WIRELESS 6 TELECOMMUNICATIONS FACILITIES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That there shall be granted, in the mode prescribed by Article 1, Chapter 21, Title 12 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a 13 lease of property more fully described in the attached document entitled "Antenna Lease 14 Agreement (Bow Creek Neighborhood Park)," City of Virginia Beach, Lessor, and 15 , Lessee," for the purpose of constructing, maintaining and operating 16 wireless telecommunications facilities, including but not limited to antennas, connecting 17 cables and appurtenances and for the construction, maintenance and operation of an 18 accessory building housing equipment to be used in conjunction with the aforesaid 19 facilities. 20 21 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That upon approval of this Ordinance by the City Council, it shall be the duty of the 25 City Clerk to cause to be advertised once per week for two successive weeks, in a 26 newspaper having general circulation in the City, a descriptive notice of the proposed 27 ordinance granting such lease, and in addition the Clerk shall, by such advertisement, 28 invite bids for the privileges and rights proposed to be granted by such ordinance, which 29 bids shall be in writing and shall be delivered to the Mayor, or in the absence of the Mayor, 30 to the Vice -Mayor, in open session at the day and hour specified in such advertisement, 31 which bids shall then be presented to the City Council by the Mayor, or in the absence of 32 the Mayor, by the Vice -Mayor, to be dealt with and acted upon in the manner prescribed by 33 law. Such advertisement shall expressly reserve the right to reject any and all bids, and 34 the successful bidder shall be required to pay all costs of advertising such ordinance in 35 addition to all other sums required under such lease. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December ,2008. APPROVED AS TO CONTENT: CA10951 / R-1 / December 1, 2008 APPROVED AS TO LEGAL SUFFICIENCY: s -t, P Aei City`Attorney's Office - 51 - Item V K. B. ORDINANCES/RESOLUTIONS ITEM # 58365 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to AUTHORIZE an annual permit for Special Event Providers of Emergency Medicine re Private Ambulance Services 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 December 9, 2008 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 SPECIAL EVENT PROVIDERS OF EMERGENCY 3 MEDICINE SERVICE IN VIRGINIA BEACH AND TO 4 APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING 5 PRIVATE AMBULANCE SERVICES 6 7 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 8 approve the establishment of an emergency medical service organization in the City of 9 Virginia Beach; and 10 11 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 12 10.5-2, any individual or organization that desires to operate an emergency medical 13 services agency or emergency medical services vehicles in Virginia Beach for 14 emergency transport or non -emergency transport purposes must apply for a permit; and 15 16 WHEREAS, this request and application has been recommended for approval by 17 the Virginia Beach Department of Emergency Medical Services; and 18 19 WHEREAS, City Council finds the approval of the request and application is in 20 the best interest of the citizens of Virginia Beach as it will assure continued and 21 adequate emergency services and will preserve, protect and promote the public health, 22 safety and general welfare of the citizens. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the request of Special Event Providers of Emergency Medicine for the 28 establishment of it emergency medical service in the City of Virginia Beach, and its 29 application for an annual EMS permit for providing private EMS ambulance services in 30 the City of Virginia Beach is hereby approved and granted, effective immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2008. APPROVED AS TO CONTENT: Emergency Medical Services CA10953 R-2 December 3, 2008 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Of frr - 52 - Item V -K9. ORDINANCES/RESOLUTIONS ITEM # 58366 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to REFER to the Planning Commission for their recommendation the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan (Burton Station) 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 December 9, 2008 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION THE NORTHAMPTON BOULEVARD 3 CORRIDOR STRATEGIC GROWTH AREA 4 IMPLEMENTATION PLAN, NOVEMBER 2008 FOR 5 CONSIDERATION AND RECOMMENDATION 6 WHEREAS, the public convenience, general welfare and good zoning practice so 7 require; 8 WHEREAS, the Planning Department briefed City Council in regard to the 9 Northampton Boulevard Corridor Strategic Growth Area Implementation Plan on 10 December 2, 2008 and presented an action plan for the Northampton Boulevard 11 corridor which is attached; and 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 16 That the Northampton Boulevard Corridor Strategic Growth Area Implementation 17 Plan, November 2008 is hereby referred to the Planning Commission for its 18 consideration and recommendation. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 9th day of December , 2008. APPROVED AS TO CONTENT: x'114 Plannin•,Department CA10947 R-1 November 25, 2008 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office N 0 0 oco tN 03 to 0 0 0 to d 0- 03 C yr N cir) to 0 0 r to ^a as yr 0 1) co 0 to Nto to_ 04. W ori to to - 53 - Item V K.10. ORDINANCES/RESOLUTIONS ITEM # 58367 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to EXEMPT certain organizations from Real and Personal Property Taxes: a. American Cancer Society, South Atlantic Division, Inc. b. Equi -Kids Therapeutic Riding Program c. Little Theater of Virginia Beach, Inc. d. Virginia Beach Events Unlimited, Inc. 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 December 9, 2008 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: American Cancer Society, South Atlantic Division Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The American Cancer Society is the nationwide community-based voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives, and diminishing suffering from cancer, through research, education, advocacy, and service. From cancer prevention to diagnosis, treatment and survivorship, the Society offers information, day-to-day help, and emotional support, all at no cost, for cancer patients, their family members and caregivers. TAX IMPACT: Business Property Tax Totaling Real Property Total RELEVANT INFORMATION: $4174.59 $18123.96 $22298.55 Additional information is available at http://www.cancerhealthforums.org/about.htm 1 AN ORDINANCE TO DESIGNATE AMERICAN 2 CANCER SOCIETY, SOUTH ATLANTIC DIVISION, 3 INC. AS BEING EXEMPT FROM LOCAL REAL AND 4 PERSONAL PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local property taxes to American Cancer Society, South 9 Atlantic Division, Inc. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 15 American Cancer Society, South Atlantic Division, Inc. as a charitable organization within 16 the context of § 6(a)(6) of Article X of the Constitution of Virginia. 17 18 2. That real and personal property owned by American Cancer Society, South 19 Atlantic Division, Inc. located within the City of Virginia Beach that is used exclusively for 20 charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property by American Cancer Society, South Atlantic 25 Division, Inc. for exclusively charitable purposes; 26 27 (b) that each July 1, American Cancer Society, South Atlantic Division, Inc. shall 28 file with the Commissioner of the Revenue a copy of its most recent federal 29 income tax return, or, if no such return is required, it shall certify its 30 continuing tax exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2011, American Cancer Society, 33 South Atlantic Division, Inc. shall file an exemption application with the 34 Commissioner of the Revenue as a requirement for retention of the exempt 35 status of the property; and 36 37 (d) that American Cancer Society, South Atlantic Division, Inc. cooperate fully 38 with the Commissioner of the Revenue with respect to audit of its financial 39 records, compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: CA10942 R-1 November 24, 2008 i 2 APPROVED AS TO LEGAL SUFFICIENCY: ity ey's Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Equi -Kids Therapeutic Riding Program SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Provide equine assisted activities for persons with mental, physical and emotional disabilities. The programs are designed to increase strength and coordination, self esteem and social interaction. TAX IMPACT: Real Estate Taxes Totaling $ 8,176.44, Vehicle Property Tax Totally $877.65, and Business Property Tax Totally $1,137.10 Total Tax: $10,191.19 RELEVANT INFORMATION: Additional information is available at www.equikids.org 1 AN ORDINANCE TO DESIGNATE EQUI-KIDS 2 THERAPEUTIC RIDING PROGRAM AS BEING 3 EXEMPT FROM LOCAL REAL AND PERSONAL 4 PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local property taxes to Equi -Kids Therapeutic Riding Program. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Equi - 14 Kids Therapeutic Riding Program as a charitable organization within the context of § 15 6(a)(6) of Article X of the Constitution of Virginia. 16 17 2. That real and personal property owned by Equi -Kids Therapeutic Riding Program 18 located within the City of Virginia Beach that is used exclusively for charitable purposes on 19 a nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Equi -Kids Therapeutic Riding Program for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Equi -Kids Therapeutic Riding Program shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2011, Equi -Kids Therapeutic 32 Riding Program shall file an exemption application with the Commissioner of 33 the Revenue as a requirement for retention of the exempt status of the 34 property; and 35 36 (d) that Equi -Kids Therapeutic Riding Program cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records, 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of O r mbPr , 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Co mission r CA10921 R-1 November 18, 2008 e Revenue 2 APPROVED AS TO LEGAL SUFFICIENCY: ity Attor ey's Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Little Theatre of Virginia Beach, Incorporated SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The Little Theatre of Virginia Beach is one the city's oldest continually operating community theatre, it is operated by an all -volunteer staff, and the non-profit organization provides the community with five plays a year at affordable prices, showcasing the best in local talent. The organization fosters educational recreation for adults and children in the Allied Arts of the Theater. They provide anyone interested in the theater the opportunity to volunteer and learn all aspects of theater production. TAX IMPACT: Business Property Tax Totaling Real Property Total RELEVANT INFORMATION: $1426.84 $3624.98 $5051.82 Additional information is available at http://ltvb.com/ 1 AN ORDINANCE TO DESIGNATE LITTLE THEATER 2 OF VIRGINIA BEACH, INC. AS BEING EXEMPT 3 FROM LOCAL REAL AND PERSONAL PROPERTY 4 TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local property taxes to Little Theater of Virginia Beach, Inc. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Little 14 Theater of Virginia Beach, Inc. as a charitable organization within the context of § 6(a)(6) of 15 Article X of the Constitution of Virginia. 16 17 2. That real and personal property owned by Little Theater of Virginia Beach, Inc. 18 located within the City of Virginia Beach that is used exclusively for charitable purposes on 19 a nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Little Theater of Virginia Beach, Inc. for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Little Theater of Virginia Beach, Inc. shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2011, Little Theater of Virginia 32 Beach, Inc. shall file an exemption application with the Commissioner of the 33 Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that Little Theater of Virginia Beach, Inc. cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records, 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December, 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Co Revenue mission r o CA10944 R-1 November 24, 2008 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Virginia Beach Events Unlimited, Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The Virginia Beach Events Unlimited, Inc. was organized as a nonstick corporation under the Virginia Nonstock Corporation Act for charitable, scientific, and educational purposes. The organization is exempt from income taxes under Section 501c(3) of the Internal Revenue Code. It was founded to promote and foster civic pride and unity; to nurture the ideals of citizenship; and to develop citizen leaders. The organization is the umbrella corporation, which directs the activity of the annual Virginia Beach Neptune Festival. The festival showcases the City of Virginia Beach to local attendees and visitors from many other states. TAX IMPACT: Business Property Tax Totaling $2,222.63 Real Property $5,486.86 Vehicle $41.63 Total $7,751.12 RELEVANT INFORMATION: Additional information is available at http://www.neptunefestival.com/ 1 AN ORDINANCE TO DESIGNATE VIRGINIA BEACH 2 EVENTS UNLIMITED, INC. AS BEING EXEMPT FROM 3 LOCAL REAL AND PERSONAL PROPERTY 4 TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local property taxes to Virginia Beach Events Unlimited, Inc. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Virginia Beach Events Unlimited, Inc. as a charitable organization within the context of § 15 6(a)(6) of Article X of the Constitution of Virginia. 16 17 2. That real and personal property owned by Virginia Beach Events Unlimited, Inc. 18 located within the City of Virginia Beach that is used exclusively for charitable purposes on 19 a nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Virginia Beach Events Unlimited, Inc. for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Virginia Beach Events Unlimited, Inc. shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2011, Virginia Beach Events 32 Unlimited, Inc. shall file an exemption application with the Commissioner of 33 the Revenue as a requirement for retention of the exempt status of the 34 property; and 35 36 (d) that Virginia Beach Events Unlimited, Inc. cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records, 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the gth_ day of DPcPmhpr, 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: mission r o Co Revenue CA10946 R-1 November 24, 2008 2 APPROVED AS TO LEGAL SUFFICIENCY: /"/ ity Attorne s O ice - 54 - Item V -K. I I a -n ORDINANCES/RESOLUTIONS ITEM # 58368 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to EXEMPT certain organizations from Personal Property Taxes: a. American Center for Law and Justice, Inc b. Battelle Memorial Institute c. Evelyn 's Wildlife Refuge, Inc. d. First Landing Foundation e. Hope for Life Rescue, Inc. f Let's Talk, Inc. g. Rampona Orphans International and Mission Fund h. Sun Wheelers, Inc. i. Tidewater Division, Mideast Region, of the National Model Railroad Association j. United in Him k. Virginia Beach Court Appointed Special Advocates, Inc. 1. Virginia Beach, Educational Broadcast Foundation, Inc. m. Virginia Society for Human Life Educational Fund, Inc. (Tidewater Chapter) n. Young Musicians of Virginia, Inc. 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 December 9, 2008 I OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: American Center for Law & Justice Inc. (ACLJ) SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The American Center for Law and Justice (ACLJ) is committed to ensuring the ongoing viability of freedom and liberty in the United States and around the world. By focusing on U.S. constitutional law, European Union law and human rights law, the ACLJ is dedicated to the concept that freedom and liberty are universal, God-given and inalienable rights that must be protected. The ACLJ engages in litigation, provide legal services, render advice to individuals and governmental agencies, as well as counsel clients on global freedom and liberty issues. The ACLJ also supports training law students from around the world in order to protect religious liberty and safeguard human rights and dignity. The ACLJ does not charge for its services. TAX IMPACT: Business Property Tax Totaling $4937.98 RELEVANT INFORMATION: Additional information is available at http://www.aclj.org/ 1 AN ORDINANCE TO DESIGNATE AMERICAN 2 CENTER FOR LAW AND JUSTICE INC. AS BEING 3 EXEMPT FROM LOCAL PERSONAL PROPERTY 4 TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local property taxes to American Center for Law and Justice, 9 Inc. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 15 American Center for Law and Justice, Inc. as a charitable organization within the context of 16 § 6(a)(6) of Article X of the Constitution of Virginia. 17 18 2. That personal property owned by American Center for Law and Justice, Inc. 19 located within the City of Virginia Beach that is used exclusively for charitable purposes on 20 a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property by American Center for Law and Justice, Inc. 25 for exclusively charitable purposes; 26 27 (b) that each July 1, American Center for Law and Justice, Inc. shall file with the 28 Commissioner of the Revenue a copy of its most recent federal income tax 29 return, or, if no such return is required, it shall certify its continuing tax 30 exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2011, American Center for Law 33 and Justice, Inc. shall file an exemption application with the Commissioner of 34 the Revenue as a requirement for retention of the exempt status of the 35 property; and 36 37 (d) that American Center for Law and Justice, Inc. cooperate fully with the 38 Commissioner of the Revenue with respect to audit of its financial records, 39 compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ath day of December, 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Co missio -r 'i a Revenue CA10943 R-1 November 18, 2008 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Battelle Memorial Institute SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Operate five of the U.S. Department of Energy's National Laboratories. In additional to the work for the Department of Energy they carry out substantial scientific research programs for other federal, state and local government agencies. TAX IMPACT: Business Property Tax Totaling $626.42 RELEVANT INFORMATION: The personal property located in Virginia Beach is used to reduce the burden of government by supporting national security and national defense. Additional information is available at www.battelle.org 1 AN ORDINANCE TO DESIGNATE BATTELLE 2 MEMORIAL INSTITUTE AS BEING EXEMPT FROM 3 LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local property taxes to Battelle Memorial Institute. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Battelle Memorial Institute as a charitable organization within the context of § 6(a)(6) of 14 Article X of the Constitution of Virginia. 15 16 2. That personal property owned by Battelle Memorial Institute located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis 18 is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Battelle Memorial Institute for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Battelle Memorial Institute shall file with the Commissioner 26 of the Revenue a copy of its most recent federal income tax return, or, if no 27 such return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2011, Battelle Memorial Institute 31 shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d) that Battelle Memorial Institute cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December, 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Co moi- Revenue mission r s o CA10920 R-1 November 18, 2008 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Evelyn's Wildlife Refuge Inc SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Offers a place where wildlife can be rehabilitated and treated for injury or illness. The organization offers educational programs for schools, civic leagues and other organizations interested in learning about our wildlife. They also offer a mentorship program for high school students. TAX IMPACT: Business Property Taxes Totaling $19.91 RELEVANT INFORMATION: Additional information is available at www.evelynswildliferefuge.org 1 AN ORDINANCE TO DESIGNATE EVELYN'S 2 WILDLIFE REFUGE, INC. AS BEING EXEMPT FROM 3 LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local property taxes to Evelyn's Wildlife Refuge, Inc. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Evelyn's Wildlife Refuge, Inc. as a charitable organization within the context of § 6(a)(6) of 14 Article X of the Constitution of Virginia. 15 16 2. That personal property owned by Evelyn's Wildlife Refuge, Inc. located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis 18 is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Evelyn's Wildlife Refuge, Inc. for exclusively 23 charitable purposes; 24 25 (b)that each July 1, Evelyn's Wildlife Refuge, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or, if no such return is required, it shall certify its continuing tax 28 exempt status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2011, Evelyn's Wildlife Refuge, 31 Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; 33 and 34 35 (d) that Evelyn's Wildlife Refuge, Inc. cooperate fully with the Commissioner of 36 the Revenue with respect to audit of its financial records, compliance with the 37 terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th_ day of Decembei2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Co ission o CA10922 R-1 November 18, 2008 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: First Landing Foundation SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Historical reenactment of the first landing at Cape Henry, they have built a replica of the first village established in Virginia for the public to tour. The focus is for this organization to educate children and the general public for years to come. TAX IMPACT: Vehicle: $550.38 and Business Property tax of $10,452.84 Totaling: $11,003.22 RELEVANT INFORMATION: The foundation operates from a location on Fort Story. Additional information is available at www.firstlandingfoundation.com 1 AN ORDINANCE TO DESIGNATE FIRST LANDING 2 FOUNDATION AS BEING EXEMPT FROM LOCAL 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local property taxes to First Landing Foundation. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates First 13 Landing Foundation as a charitable organization within the context of § 6(a)(6) of Article X 14 of the Constitution of Virginia. 15 16 2. That personal property owned by First Landing Foundation located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis 18 is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by First Landing Foundation for exclusively 23 charitable purposes; 24 25 (b) that each July 1, First Landing Foundation shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or, if no 27 such return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2011, First Landing Foundation 31 shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d) that First Landing Foundation cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: CA10923 R-1 November 18, 2008 2 APPROVED AS TO LEGAL SUFFICIENCY: ity Atto s Office II I OVERVIEW OF NOROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Hope for Life Rescue Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The rescue and placement of abandoned companion animals. All animals are vetted, spayed and neutered prior to placement. Life Rescue is housed in a 1600 square foot urban sanctuary. TAX IMPACT: 2008 tax impact is $1,602.34, this is all business property tax. RELEVANT INFORMATION: Additional information is available at www.hopeforliferescue.com II I OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Hope for Life Rescue Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The rescue and placement of abandoned companion animals. All animals are vetted, spayed and neutered prior to placement. Life Rescue is housed in a 1600 square foot urban sanctuary. TAX IMPACT: 2008 tax impact is $37.68 RELEVANT INFORMATION: Additional information is available at www.hopeforliferescue.com 1 AN ORDINANCE TO DESIGNATE HOPE FOR LIFE 2 RESCUE, INC. AS BEING EXEMPT FROM LOCAL 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local property taxes to Hope for Life Rescue, Inc. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Hope 13 for Life Rescue, Inc. as a charitable organization within the context of § 6(a)(6) of Article X 14 of the Constitution of Virginia. 15 16 2. That personal property owned by Hope for Life Rescue, Inc. located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis 18 is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Hope for Life Rescue, Inc. for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Hope for Life Rescue, Inc. shall file with the Commissioner 26 of the Revenue a copy of its most recent federal income tax return, or, if no 27 such return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2011, Hope for Life Rescue, Inc. 31 shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d) that Hope for Life Rescue, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the9th day of Dcccmbcr2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: missio r • Co e Revenue CA10924 R-1 November 18, 2008 s 2 APPROVED AS TO LEGAL SUFFICIENCY: -C`--------2ity Atto - s Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Let's Talk Inc SUMMARY OF NONPROFIT BUSINESS ACTIVITY: To provide psycho educational counseling life skills, and life coaching to women and teen girls. They provide counseling, life skill building, and training and literacy programs. TAX IMPACT: Expected impact is $34.00, based on property currently owned. RELEVANT INFORMATION: Moved to Virginia Beach in January 2008, no current tax liability. Tax Impact is based on a listed of current property that was provided. The organization was previously operated out of a residence in Chesapeake. Additional information is available at letstalkinc.org 1 AN ORDINANCE TO DESIGNATE LET'S TALK, INC. 2 AS BEING EXEMPT FROM LOCAL PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local property taxes to Let's Talk, Inc. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Let's 13 Talk, Inc. as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia. 15 16 2. That personal property owned by Let's Talk, Inc. located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Let's Talk, Inc. for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Let's Talk, Inc. shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or, if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2011, Let's Talk, Inc. shall file an 31 exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Let's Talk, Inc. cooperate fully with the Commissioner of the Revenue 35 with respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of nPc'Pmhpr, 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Co •I'- Revenue mission r CA10925 R-1 November 18, 2008 i 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Rampona Orphans International and Mission Fund SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Support orphans in Africa, and other areas in the United States and overseas. TAX IMPACT: Business Property Tax Totaling $122.78 RELEVANT INFORMATION: 1 AN ORDINANCE TO DESIGNATE RAMPONA 2 ORPHANS INTERNATIONAL AND MISSION FUND AS 3 BEING EXEMPT FROM LOCAL PERSONAL 4 PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local property taxes to Rampona Orphans International and 9 Mission Fund. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 15 Rampona Orphans International and Mission Fund as a charitable organization within the 16 context of § 6(a)(6) of Article X of the Constitution of Virginia. 17 18 2. That personal property owned by Rampona Orphans International and Mission 19 Fund located within the City of Virginia Beach that is used exclusively for charitable 20 purposes on a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property by Rampona Orphans International and 25 Mission Fund for exclusively charitable purposes; 26 27 (b) that each July 1, Rampona Orphans International and Mission Fund shall file 28 with the Commissioner of the Revenue a copy of its most recent federal 29 income tax return, or, if no such return is required, it shall certify its 30 continuing tax exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2011, Rampona Orphans 33 International and Mission Fund shall file an exemption application with the 34 Commissioner of the Revenue as a requirement for retention of the exempt 35 status of the property; and 36 37 (d) that Rampona Orphans International and Mission Fund cooperate fully with 38 the Commissioner of the Revenue with respect to audit of its financial 39 records, compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: At Corimissionr CA10927 R-1 November 18, 2008 Revenue 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Sun Wheelers Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Provides adaptive sporting opportunities such as basketball, tennis, snow skiing and cycling opportunities for physically challenged athletes in Hampton Roads. TAX IMPACT: Vehicle Property Tax Totaling $46.53 RELEVANT INFORMATION: Additional information is available at www.sunwheelers.org 11 I OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Sun Wheelers Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Provides adaptive sporting opportunities such as basketball, tennis, snow skiing and cycling opportunities for physically challenged athletes in Hampton Roads. TAX IMPACT: Vehicle Property Tax Totaling $62.05 RELEVANT INFORMATION: Additional information is available at www.sunwheelers.org 111 1 AN ORDINANCE TO DESIGNATE SUN WHEELERS, 2 INC. AS BEING EXEMPT FROM LOCAL PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local property taxes to Sun Wheelers, Inc. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Sun 13 Wheelers, Inc. as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia. 15 16 2. That personal property owned by Sun Wheelers, Inc. located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Sun Wheelers, Inc. for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Sun Wheelers, Inc. shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or, if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2011, Sun Wheelers, Inc. shall 31 file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Sun Wheelers, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: CA10929 R-1 November 18, 2008 APPROVED AS TO LEGAL SUFFICIENCY: ity y's O ice OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Tidewater Division, Mideast Region of the National Model Railroad Association SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Promote the hobby of model railroading and railroad safety by displaying modular layouts at schools, retirement homes, and libraries. The organization puts on an annual train show at the Virginia Beach Convention Center and donates money to "Toys for Tots". TAX IMPACT: Business property tax totaling: $196.83 RELEVANT INFORMATION: The organization will continue to be responsible for the community event license for the train show, and admission tax unless admission tax exemption is granted. Additional information is available at www.nmra-mer-tidewater.org 1 AN ORDINANCE TO DESIGNATE TIDEWATER 2 DIVISION, MIDEAST REGION OF THE NATIONAL 3 MODEL RAILROAD ASSOCIATION AS BEING 4 EXEMPT FROM LOCAL PERSONAL PROPERTY 5 TAXATION 6 7 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 8 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 9 granting an exemption from local property taxes to Tidewater Division, Mideast Region of 10 the National Model Railroad Association. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 16 Tidewater Division, Mideast Region of the National Model Railroad Association as a 17 charitable organization within the context of § 6(a)(6) of Article X of the Constitution of 18 Virginia. 19 20 2. That personal property owned by Tidewater Division, Mideast Region of the 21 National Model Railroad Association located within the City of Virginia Beach that is used 22 exclusively for charitable purposes on a nonprofit basis is hereby exempt from local 23 property taxation. 24 25 3. This exemption is contingent on the following: 26 27 (a) continued use of the property by Tidewater Division, Mideast Region of the 28 National Model Railroad Association for exclusively charitable purposes; 29 30 (b) that each July 1, Tidewater Division, Mideast Region of the National Model 31 Railroad Association shall file with the Commissioner of the Revenue a copy 32 of its most recent federal income tax return, or, if no such return is required, it 33 shall certify its continuing tax exempt status to the Commissioner of the 34 Revenue; 35 36 (c) that every three years, beginning on July 1, 2011, Tidewater Division, 37 Mideast Region of the National Model Railroad Association shall file an 38 exemption application with the Commissioner of the Revenue as a 39 requirement for retention of the exempt status of the property; and 40 41 (d) that Tidewater Division, Mideast Region of the National Model Railroad 42 Association cooperate fully with the Commissioner of the Revenue with 43 respect to audit of its financial records, compliance with the terms of this 44 ordinance. 45 46 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Comissio e Revenue CA10930 R-1 November 18, 2008 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: United In Him SUMMARY OF NONPROFIT BUSINESS ACTIVITY: To unite local churches and Christian organizations to transform inner city communities through the love of Jesus Christ. The organization provides weekly tutoring for students in low income housing, transportation to church weekly, distribute food and clothing. TAX IMPACT: 3 Vehicles totaling: $141.38 Business Property Tax totaling: $36.63 Combined Total: $178.01 RELEVANT INFORMATION: Additional information is available at www.unitedinhim.org 1 AN ORDINANCE TO DESIGNATE UNITED IN HIM AS 2 BEING EXEMPT FROM LOCAL PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local property taxes to United In Him. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates United 13 In Him as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia. 15 16 2. That personal property owned by United In Him located within the City of Virginia 17 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by United In Him for exclusively charitable 23 purposes; 24 25 (b) that each July 1, United In Him shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or, if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2011, United In Him shall file an 31 exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that United In Him cooperate fully with the Commissioner of the Revenue 35 with respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the9th day of December, 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Co ''mission: o Revenue CA10931 R-1 November 18, 2008 1 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Virginia Beach Court Appointed Special Advocates Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Virginia Beach Court Appointed Special Advocates (CASA) is a nation wide program with a local chapter in Virginia Beach, the organization is committed to advocating for the best interests of children involved in Juvenile and Domestic Relations District Court process. CASA recruits, trains and supervises competent volunteers dedicated to advocating for the needs of abused and neglected children in juvenile dependency proceeding. Their program promotes safe permanent homes for all children and educates the community concerning the needs of abused and neglected children. TAX IMPACT: Business Property Tax Totaling $54.51 RELEVANT INFORMATION: Additional information is available at http://www.nationalcasa.org/ 1 AN ORDINANCE TO DESIGNATE VIRGINIA BEACH 2 COURT APPOINTED SPECIAL ADVOCATE, INC. AS 3 BEING EXEMPT FROM LOCAL PERSONAL 4 PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local property taxes to Virginia Beach Court Appointed Special 9 Advocate, Inc. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 15 Virginia Beach Court Appointed Special Advocate, Inc. as a charitable organization within 16 the context of § 6(a)(6) of Article X of the Constitution of Virginia. 17 18 2. That personal property owned by Virginia Beach Court Appointed Special 19 Advocate, Inc. located within the City of Virginia Beach that is used exclusively for 20 charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property by Virginia Beach Court Appointed Special 25 Advocate, Inc. for exclusively charitable purposes; 26 27 (b) that each July 1, Virginia Beach Court Appointed Special Advocate, Inc. shall 28 file with the Commissioner of the Revenue a copy of its most recent federal 29 income tax return, or, if no such return is required, it shall certify its 30 continuing tax exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2011, Virginia Beach Court 33 Appointed Special Advocate, Inc. shall file an exemption application with the 34 Commissioner of the Revenue as a requirement for retention of the exempt 35 status of the property; and 36 37 (d) that Virginia Beach Court Appointed Special Advocate, Inc. cooperate fully 38 with the Commissioner of the Revenue with respect to audit of its financial 39 records, compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of npcembPr , 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: CA10945 R-1 November 24, 2008 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: VA Beach Educational Broadcast Foundation Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Play Christian music over FM Radio to the citizens of Tidewater, VA in support of local churches and other nonprofit organizations. Provide emergency broadcasting of storms and other events to the public at no cost. TAX IMPACT: Vehicle Tax Totaling $107.30 and Business Property Tax Totaling $415.10 Total Tax $522.40 RELEVANT INFORMATION: Additional information is available at www.currentfm.com OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: VA Beach Educational Broadcast Foundation Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Play Christian music over FM Radio to the citizens of Tidewater, VA in support of local churches and other nonprofit organizations. Provide emergency broadcasting of storms and other events to the public at no cost. TAX IMPACT: Vehicle Tax Totaling $107.30 and Business Property Tax Totaling $148.13 Total Tax $255.43 RELEVANT INFORMATION: Additional information is available at www.currentfm.com II I 1 AN ORDINANCE TO DESIGNATE VIRGINIA BEACH 2 EDUCATIONAL BROADCAST FOUNDATION, INC. AS 3 BEING EXEMPT FROM LOCAL PERSONAL 4 PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local property taxes to Virginia Beach Educational Broadcast 9 Foundation, Inc. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 15 Virginia Beach Educational Broadcast Foundation, Inc. as a charitable organization within 16 the context of § 6(a)(6) of Article X of the Constitution of Virginia. 17 18 2. That personal property owned by Virginia Beach Educational Broadcast 19 Foundation, Inc. located within the City of Virginia Beach that is used exclusively for 20 charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property by Virginia Beach Educational Broadcast 25 Foundation, Inc. for exclusively charitable purposes; 26 27 (b) that each July 1, Virginia Beach Educational Broadcast Foundation, Inc. shall 28 file with the Commissioner of the Revenue a copy of its most recent federal 29 income tax return, or, if no such return is required, it shall certify its 30 continuing tax exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2011, Virginia Beach Educational 33 Broadcast Foundation, Inc. shall file an exemption application with the 34 Commissioner of the Revenue as a requirement for retention of the exempt 35 status of the property; and 36 37 (d) that Virginia Beach Educational Broadcast Foundation, Inc. cooperate fully 38 with the Commissioner of the Revenue with respect to audit of its financial 39 records, compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of DPcerpb' r , 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: CA10932 R-1 November 18, 2008 2 APPROVED AS TO LEGAL SUFFICIENCY: //r. y A : n -y's Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Virginia Society for Human Life Educational Fund, Inc (Tidewater Chapter) SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Provide educational instruction on the dignity and sanctity of human life. The organization speaks and distributes educational materials at schools churches and community events. TAX IMPACT: Business Property Tax Totaling $ .89 RELEVANT INFORMATION: Additional information is available at www.vshl.org 1 AN ORDINANCE TO DESIGNATE VIRGINIA SOCIETY 2 FOR HUMAN LIFE EDUCATIONAL FUND, INC. 3 (TIDEWATER CHAPTER) AS BEING EXEMPT FROM 4 LOCAL PERSONAL PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local property taxes to Virginia Society for Human Life 9 Educational Fund, Inc. (Tidewater Chapter). 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 15 Virginia Society for Human Life Educational Fund, Inc. (Tidewater Chapter) as a charitable 16 organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 17 18 2. That personal property owned by Virginia Society for Human Life Educational 19 Fund, Inc. (Tidewater Chapter) located within the City of Virginia Beach that is used 20 exclusively for charitable purposes on a nonprofit basis is hereby exempt from local 21 property taxation. 22 23 3. This exemption is contingent on the following: 24 25 (a) continued use of the property by Virginia Society for Human Life Educational 26 Fund, Inc. (Tidewater Chapter) for exclusively charitable purposes; 27 28 (b) that each July 1, Virginia Society for Human Life Educational Fund, Inc. 29 (Tidewater Chapter) shall file with the Commissioner of the Revenue a copy 30 of its most recent federal income tax return, or, if no such return is required, it 31 shall certify its continuing tax exempt status to the Commissioner of the 32 Revenue; 33 34 (c) that every three years, beginning on July 1, 2011, Virginia Society for Human 35 Life Educational Fund, Inc. (Tidewater Chapter) shall file an exemption 36 application with the Commissioner of the Revenue as a requirement for 37 retention of the exempt status of the property; and 38 39 (d) that Virginia Society for Human Life Educational Fund, Inc. (Tidewater 40 Chapter) cooperate fully with the Commissioner of the Revenue with respect 41 to audit of its financial records, compliance with the terms of this ordinance. 42 43 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of December , 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: CA10933 R-1 November 18, 2008 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Young Musicians of Virginia Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Provide music and academic enrichment classes to home schooled children. TAX IMPACT: The tax impact is $454.30, in business property tax. RELEVANT INFORMATION: Additional information is available at www.ymv.org OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Young Musicians of Virginia Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Provide music and academic enrichment classes to home schooled children. TAX IMPACT: The tax impact is $229.22, in business property tax. RELEVANT INFORMATION: Additional information is available at www.ymv.org 1 AN ORDINANCE TO DESIGNATE YOUNG 2 MUSICIANS OF VIRGINIA, INC. AS BEING EXEMPT 3 FROM LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local property taxes to Young Musicians of Virginia, Inc. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Young 13 Musicians of Virginia, Inc. as a charitable organization within the context of § 6(a)(6) of 14 Article X of the Constitution of Virginia. 15 16 2. That personal property owned by Young Musicians of Virginia, Inc. located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Young Musicians of Virginia, Inc. for 23 exclusively charitable purposes; 24 25 (b)that each July 1, Young Musicians of Virginia, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or, if no such return is required, it shall certify its continuing tax 28 exempt status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2011, Young Musicians of 31 Virginia, Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; 33 and 34 35 (d) that Young Musicians of Virginia, Inc. cooperate fully with the Commissioner 36 of the Revenue with respect to audit of its financial records, compliance with 37 the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia, on the moth_ day of December 2008. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Co 1'- Revenue mission r o CA10934 R-1 November 18, 2008 2 APPROVED AS TO LEGAL SUFFICIENCY: Z/_ Attf''' 's -Office I Philip J. Kellam Commissioner November 13, 2008 Commissioner of the Revenue City Hall Virginia Beach, VA 23456-9002 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Subject: Initial Report on Applicants for Exemption from Property Taxes Dear Mayor and Council Members: VBgov.com/cor Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation from personal and real property taxes'. The City Council accepted this authority and ordained a policy utilizing the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemption. On May 6, 2008 the City Council revised and re -ordained the process providing for the Commissioner of the Revenue to review and report to City Council on such applications3. The Commissioner's Office has received 15 applications in this reporting period. The applicants include: Battelle Memorial Institute Equi -Kids Therapeutic Riding Program Evelyn's Wildlife Refuge Inc First Landing Foundation Hope for Life Rescue Inc. Let's Talk Inc National Historic Aircraft Foundation Rampona Orphans International and Mission Fund Summer Shakes Inc Sun Wheelers Inc Tidewater Division, Mideast Region of the National Model Railroad Association United in Him Virginia Beach Educational Broadcast Foundation Inc Virginia Society for Human Life Educational Fund Inc (Tidewater Chapter) Young Musicians of Virginia Inc After : eviewing each application and meeting with representatives of the applicants, I can report the following applicants qualify for exemption from real and personal property taxes: Equi -Kids Therapeutic Riding Program rode of Virginia 58.1-3651 2 ()RD -27981 3 ORD -3009K The following applicants qualify for exemption from personal property taxes: Battelle Memorial Institute Evelyn's Wildlife Refuge Inc First Landing Foundation Hope for Life Rescue Inc Let's Talk Inc Rampona Orphans International and Mission Fund Sun Wheelers Inc Tidewater Division, Mideast Region of the National Model Railroad Association United In Him Virginia Beach Educational Broadcast Foundation Inc Virginia Society for Human Life Educational Fund Inc (Tidewater Chapter) Young Musicians of Virginia Inc The following applicants for exemption do not qualify for exemption from real or personal property taxes: National Historic Aircraft Foundation Summer Shakes Inc I am available if you have questions or concerns regarding the recommendations. Sincerely, Philip J. Kellam Commissioner of the Revenue Enclosures Philip J. Kellam Commissioner November 21, 2008 Commissioner of the Revenue City Hall Virginia Beach, VA 23456-9002 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Subject: Initial Report on Applicants for Exemption from Property Taxes Dear Mayor and Council Members: VBgov.com/cor Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation from personal and real property taxes'. The City Council accepted this authority and ordained a policy utilizing the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemption. On May 6, 2008 the City Council revised and re -ordained the process providing for the Commissioner of the Revenue to review and report to City Council on such applications3. The Commissioner's Office has received 5 applications in this reporting period. The applicants include: American Cancer Society, South Atlantic Division Inc. American Center for Law and Justice Inc. (ACLU) Little Theatre of Virginia Beach, Incorporated Virginia Beach Court Appointed Special Advocates Inc. Virginia Beach Events Unlimited Inc. After reviewing each application and meeting with representatives of the applicants, I can report the following applicants qualify for exemption from real and personal property taxes: American Cancer Society, South Atlantic Division Inc. Little Theatre of Virginia Beach, Incorporated Virginia Beach Events Unlimited Inc. 1 Code of Virginia 58.1-3651 2 ORD -2798I 3 ORD -3009K The following applicants qualify for exemption from personal property taxes: American Center for Law and Justice Inc. (ACLU) Virginia Beach Court Appointed Special Advocates Inc. I am available if you have questions or concerns regarding the recommendations, I would be glad to address them. Philip J. Kellam Commissioner of the Revenue Enclosures Gity Council policy Original Proposal Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 1 of 4 1.0 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 1, 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: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 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 § 501(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 1 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.) or°Article 3 058.1-3609 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 §58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 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 §58.1-3651 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 §58.1-3651, 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. Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 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. - 55 - Item V-K.11.o/p ORDINANCES/RESOLUTIONS ITEM # 58369 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DENIED: Ordinances to EXEMPT certain organizations from Personal Property Taxes: o. National Historic Aircraft Foundation p. Summer Shakes, Inc. 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 December 9, 2008 - 56 - Item V -K.12 ORDINANCES/RESOLUTIONS ITEM # 583 70 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIATE $132,000 DEA seized property funds to the Commonwealth's Attorney re purchase of office equipment 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 December 9, 2008 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE 2 OFFICE OF THE COMMONWEALTH'S ATTORNEY 3 FY 2008-09 OPERATING BUDGET FOR THE 4 PURCHASE OF EQUIPMENT 5 6 WHEREAS, the Drug Enforcement Administration (DEA) Seized Property Special 7 Revenue Fund provides law enforcement agencies with monetary resources to assist in 8 accomplishing their mission. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 Estimated revenues from the DEA Seized Property Fund Balance are hereby 14 increased by $132,900 15 16 Appropriations to the Office of the Commonwealth's Attorney's FY 2008-09 17 Operating Budget for the purchase of technology and office upgrades are increased by 18 $132,900. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th of December , 2008. Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: Management Services ity CA10948 R-2 November 24, 2008 ey's Office day III I I I I I - 57 - Item V-K.13.a/b ORDINANCES/RESOLUTIONS ITEM # 58371 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIATE $33,065,747 from the School Special Revenue Fund re various Capital Projects Ordinance to APPROPRIATE $679, 448 and substitute funding sources in the FY 2008-09 Capital Budget re School renovations 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 December 9, 2008 1 AN ORDINANCE TO APPROPRIATE FUNDING TO 2 THE SCHOOL OPERATING BUDGET AND 3 PROVIDE ADDITIONAL FUNDING FOR VARIOUS 4 CAPITAL PROJECTS 5 6 WHEREAS, the School System reverted $ 33,065,747 to the City's General Fund 7 per State Law; 8 9 WHEREAS, by formal resolution, the School Board requests the appropriation of 10 this funding to the School Operating and Capital Budgets; and 11 12 WHEREAS, In 2003 the City Council established the School Reserve Special 13 Revenue Fund at the request of the School Board to allow the School System to set 14 aside funding to be in a better position to respond to (1) unexpected shortfalls in state or 15 federal revenues, (2) emergency expenditures of a non-recurring nature, or (3) other 16 fiscal emergencies. Use of funds from this reserve requires a resolution stating the 17 purpose of the expenditures and the total amount to be expended to be adopted by a 18 two-thirds majority of the School Board and an appropriation ordinance to be adopted 19 by the City Council. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA, THAT: 23 24 Funding is appropriated as follows: 25 26 1. $ 24,798,747 to the School Reserve Special Revenue Fund (# 98) for 27 unexpected shortfalls in state or federal revenues or other non-recurring 28 expenses; 29 30 2. $ 1,570,693 to the Instructional Category for instructional equipment, supplies, 31 staff training, and school allocations in support of student achievement; and 32 33 3. $ 774,775 to the Pupil Transportation Category for bus replacements. 34 35 4. $ 1,015,307 to the School Technology Fund (#106) for purchase of new 36 instructional related technology equipment and software; 37 38 5. $ 763,500 to the School Technology Fund (#108) for replacement of outdated 39 computers; 40 41 6. $ 392,725 to the Equipment Replacement Fund (#107) for replacing copiers and 42 printers; 43 44 7. $ 250,000 to the Cafeteria Fund (#114) for the replacement of old equipment; 45 and II I 46 47 8. $ 3,500,000 to the School's Capital Budget for: 48 49 a) $ 1,750,000 for capital project #1-195 Student Data Management; 50 51 b) $1,000,000 for capital project #1-211 School Operating Budget Support; 52 53 c) $ 375,000 for capital project #1-103 Renovations & Replacements — HVAC 54 Systems — Phase II; and 55 56 . d) $ 375,000 for capital project #1-105 Renovations & Replacements — Various 57 — Phase II 58 59 9. Estimated use of General Fund Balance is increased by $33,065,747. Adopted by the City Council of the City of Virginia Beach on the 9th December ,2008. day of Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ufvu), c)-, Management Services City Attorney's Offic CA10893 R-4 November 24, 2008 1 AN ORDINANCE TO SUBSTITUTE FUNDING SOURCES IN 2 THE CITY'S FY 2008-09 CAPITAL BUDGET 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 1. That the funding source of capital project # 1-019 Great Neck Middle School 8 Replacement is adjusted in the following manner: 9 a. funding from lottery funds is reduced by $601,094; 10 b. funding from interest income is increased by $601,094; and 11 12 2. That the funding source of capital project # 1-013 Renovations and 13 Replacement — HVAC Systems — Phase II is adjusted in the following manner: 14 a. funding from state construction funds is reduced by $78,354; 15 b. funding from interest income is increased by $78,354. 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the qth day of December ' 2008. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: Management Services CA10941 R-3 November 26, 2008 APPROVED AS TO LEGAL SUFFICIENCY: City Attor y' Office - 58 - Item V -K.14. ORDINANCES/RESOLUTIONS ITEM # 58372 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to TRANSFER $740,000 re rights-of-way acquisition for the Southeastern Parkway and Greenbelt Project Voting: 10-0 (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 and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None Council Lady Wilson ABSTAINED on Item K.14 (Southeastern Parkway and Greenbelt) although not involved with the property at the present time; she was a few years ago. December 9, 2008 1 AN ORDINANCE TO TRANSFER FUNDS TO THE 2 SOUTHEASTERN PARKWAY & GREENBELT PROJECT 3 (CIP 2-089) 4 5 WHEREAS, the Southeastern Parkway & Greenbelt Project (CIP 2-089) needs 6 an additional $740,000 to allow the purchase of rights-of-way, with funding available 7 from the Various Site Acquisitions Project (CIP 3-368). 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That $740,000 is transferred from the Various Site Acquisitions Project (CIP 3- 13 368) to the Southeastern Parkway & Greenbelt Project (CIP 2-089). Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of December , 2008. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Attorney's Offic CA10950 R-3 November 26, 2008 - 59 - Item V -KIS. ORDINANCES/RESOLUTIONS ITEM # 583 73 ADDED Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution naming the Central Library: "The Meyera E. Oberndorf Central Library" 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 December 9, 2008 Requested by Vice -Mayor Jones and Councilmembers DeSteph, Diezel, Dyer, Henley, McClanan, Uhrin, Villanueva, Wilson and Wood 1 A RESOLUTION NAMING THE VIRGINIA BEACH 2 CENTRAL LIBRARY AS "THE MEYERA E. 3 OBERNDORF CENTRAL LIBRARY" 4 5 WHEREAS, Mayor Meyera E. Oberndorf began her public career with her 6 appointment to the City's Public Library Board in 1966 and served as chair of the board 7 until her election to the City Council in 1976; 8 9 WHEREAS, Mayor Oberndorf was the first woman elected to public office in the 10 more than three hundred -year history of Virginia Beach and Princess Anne County; 11 12 WHEREAS, Mayor Oberndorf served as an at -large member of City Council, and 13 in 1986, she was chosen by her fellow council members to be vice mayor; 14 15 WHEREAS, in 1988, she became the City's first directly elected mayor, as well 16 as Virginia Beach's first female mayor, and she has continuously served in that 17 capacity; 18 19 WHEREAS, Mayor Oberndorf is Virginia Beach's longest -serving mayor; 20 21 WHEREAS, Mayor Oberndorf has represented the City on the executive 22 committee of the United States Conference of Mayors, as past president of the Virginia 23 Municipal League, as vice chair of the National League of Cities International Task 24 Force, and as past chair of the Hampton Roads Mayors and Chairs and the Hampton 25 Roads Planning District Commission; 26 27 WHEREAS, Mayor Oberndorf was chosen as "Newsmaker of the Year" by the 28 Virginia Press Women and was named one of the nation's twenty-five most dynamic 29 mayors by Newsweek magazine; and 30 31 WHEREAS, for more than four decades, Mayor Oberndorf has selflessly given of 32 her time and talents to further the best interests of our City and our citizens; 33 34 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 That the Virginia Beach Central Library located at 4100 Virginia Beach 38 Boulevard, is hereby renamed, and shall henceforth be known as, "The Meyera E. 39 Oberndorf Central Library." 40 41 Adopted by the City Council of the City of Virginia Beach, Virginia, this 9th 42 day of December , 2008. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Officfr— CA10940 R-3 December 8, 2008 - 60 - Item V -K 16. ORDINANCES/RESOLUTIONS ITEM # 58374 ADDED Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution naming the garden at Red Wing: "The Reba S. McClanan Fragrance Garden" 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 December 9, 2008 Requested by Mayor Oberndorf, Vice -Mayor Jones, and Councilmembers DeSteph, Diezel, Dyer, Henley, Uhrin, Villanueva, Wilson and Wood 1 A RESOLUTION NAMING THE FRAGRANCE GARDEN AT 2 RED WING PARK AS "THE REBA S. McCLANAN 3 FRAGRANCE GARDEN" 4 5 WHEREAS, Councilmember Reba S. McClanan has served six terms on City 6 Council since 1980, including a two-year term in which she was elected by her fellow 7 councilmembers to also serve as Vice Mayor; 8 9 WHEREAS, Councilmember McClanan is a past president of the Virginia Beach 10 Council of Civic Organizations, the Friends of the Frances Land House, and the Virginia 11 Beach Friends of the Library, 12 13 WHEREAS, Councilmember McClanan also served as the chair of both the 14 Hampton Roads Planning District Commission and the Southeastern Planning District 15 Commission; 16 17 WHEREAS, Councilmember McClanan's contributions to her community has 18 been recognized through numerous awards, including the Virginia Beach Human Rights 19 Award, the NAACP Image Award for Community Service, the "Most Valuable Person 20 Award" from the Princess Anne Plaza Civic League, and the Toastmasters District 66 21 Award for Leadership in Public Service; 22 23 WHEREAS, Councilmember McClanan's dedication to the beautification of our 24 City is unsurpassed, and her efforts include service as past president of the Virginia 25 Beach Council of Garden Clubs and the Virginia Urban Forest Council, her role as a 26 founder of the Virginia Beach Clean Community Commission, and her current service 27 on the Virginia Beach Beautification Commission; 28 29 WHEREAS, the Fragrance Garden at Red Wing Park was created in 1972 as a 30 project of the Virginia Beach Council of Garden Clubs to provide a public garden for 31 sight -impaired individuals, and it contains beautiful plant materials selected for the 32 fragrance of the foliage or blossom; and 33 34 WHEREAS, naming the garden for Councilmember McClanan would recognize 35 her contributions to the City over many decades and would highlight her unfaltering 36 dedication to the beautification of our City. 37 38 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 That the Fragrance Garden at Red Wing Park is hereby renamed, and shall 42 henceforth be known as, "The Reba S. McClanan Fragrance Garden." 43 44 Adopted by the City Council of the City of Virginia Beach, Virginia, this Ninth 45 day of nPcember , 2008. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O ce CA10959 R-1 December 8, 2008 -61 - V—L. PLANNING ITEM # 58375 1. MILITARY AVIATIN MUSEUM MODIFICATION AND ADDITION OF CONDITIONS (Approved January 9, 2007) 2. BUKOLA A. ODUYELU, D.D.S.P. C. CONDITIONAL CHANGE OF ZONING 3. 501 22ND STREET, LLC CONDITIONAL CHANGE OF ZONING 4. AGAPE FULL GOSPEL DELIVERANCE AND CONDITIONAL USE PERMIT WORSHIP December 9, 2008 - 62 - Item V -L PLANNING ITEM # 58376 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 3 and 4 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 L. Wood Council Members Voting Nay: None Council Members Absent: None December 9, 2008 Item V -L1 PLANNING The following registered in SUPPORT: - 63 - ITEM # 58377 Attorney R. E. Bourdon, Pembroke Office Park, Building 1, 281 Independence Boulevard, Phone: 499- 8971, represented the applicant and advised this application is a modification of conditions. The currently requested modification to the existing Conditional Use Permit proposes an expansion to the museum for five (5) additional structures, with parking and an expansion to the parking lot. Each of the planes are inspected annually the Federal Aviation Administration, the Federal Aviation Administration, which is a meticulous process. Training Services Inc. actually owns title to the planes and provides them to the Museum. Twelve (12) aviation mechanics are employed full time to maintain these vintage aircraft. Mr. Bourdon distributed AMENDED Condition No. 2, which is hereby made a part of the record. Lawrence J. Teator, 2956 Heron Ridge Drive, Phone: 426-1722, Volunteer with the Military Aviation Museum Jimmy Capps, local Innkeeper, Board of Directors — Virginia Beach Hotel/Motel Association, brought endorsement of the Virginia Beach-Hotel/Motel Association for this proposal. Said correspondence of December 5, 2008, is herby made a part of the record. Robert Powell, 5344 Reasor Court, Phone: 523-6648, spent twenty (20) years in the Navy flying Airplanes and then joined the airline for seventeen (17) years. Mr. Powell is a published author of aviation history. Raymond Stevens, Norfolk, Virginia, Phone; 619-6490, has been the banner operator on the property since 1985 Edward Boyer, 1280 Laskin Road #401, Phone: 437-1170, represented a non-profit charitable Organization, "Air Compassion for Veterans ", which is operated by Mercy Medical Airlift. Once a year a special event is held at this Museum facility. Jaynes B. Dodson, 103 Caribbean Avenue, Phone: 428-1822, former Military Liaison for 14 years and still active member of the Mayor's Veterans Committee The following registered in OPPOSTION Attorney Kevin Martingale, 429 North Main Street, Suffolk, Phone: 935-9065, represented Mike and Jane Cullipher — adjacent residents. Attorney Martingale requested denial or imposition of certain restrictions which will protect the Cullipher 's and other neighbors residing in close proximity. Attorney Martingayle cited specific restrictions in the event that any additional buildings or uses of the property are to be permitted. Said correspondence is hereby made a part of the record. Louis Cullipher, 1449 Princess Anne Road, Phone: 426-2212 Michael Cullipher, 2088 Jarvis Road, Phone: 721-6446 Jane Cullipher, 2088 Jarvis Road, Phone: 721-6446Attorney Barry Koch, 757 Lynnhaven Parkway, Suite 200, Phone: 486-7055, represented Kathy Bateman Attorney Barry Koch, 575 Lynnhaven Parkway, Suite 200, Phone: 486-7055, represented Kathy Bateman Robert Arbuckle, 2092 Jarvis Road, Phone: 689-8755 December 9, 2008 -64 - Item V -Ll PLANNING ITEM # 58378 (Continued) Council Lady Henley advised the basis of this airport application is a Conditional Use Permit approved in 1969. The plan presented at the time of this adoption was never constructed. However, over the years, the grass strip was allowed, first seasonally for crop dusting and then later for the Banner Plane. On the basis of this utilization, the airport was determined to be vested. Council Lady Henley's concern is relative safety issues. The Museum and Airport are related. Council Lady Henley has been reviewing the website of the Military Aviation Museum. The Museum incorporates flying. This is a small airport in the middle of a residential area. Council Lady Henley requested a condition re "All applicable regulations of the Federal Aviation Administration, including but not limited to regulations pertaining to pilot licensure/certification and aircraft maintenance, are incorporated as conditions of this conditional use permit." Council Lady Henley also hoped that the condition be agreed to "All fights (that are part of events sponsored by the museum or that are made in connection with maintenance activities) shall comply with City Code Sections 23-4 and 23-5. Council Lady Henley read this code into the record. Attorney Bourdon agreed to be in complete compliance with all FAA flight regulations. However, provisions within the code stipulated are not consistent with FAA guidelines. Council Lady Henley WITHDREW her motion to approve this item as the applicant would not comply with the proposed conditions. A MOTION was made buy Councilman DeSteph, seconded by Councilman Wood, to ADOPT an Ordinance upon application of MILITARY AVIATION MUSEUM for Modification and Addition of Conditions (approved by City Council on January 9, 2007) with the conditions contained in the City Council Agenda. Councilman DeSteph AMENDED his motion to include the following condition: Museum and Training Services, Inc. employees who maintain the vintage aircraft displayed at the Museum shall number no more than eighteen (18) persons on duty at any given time. There shall be no limit to the number of Volunteers Councilman Wood ACCEPTED the Amendment. The City Attorney advised that the condition was not clarified and therefore requested a Substitute Motion: Upon SUBSTITUTE MOTION by Council Lady Wilson seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of MILITARY AVIATION MUSEUM for Modification and Addition of Conditions (approved by City Council on January 9, 2007): ORDINANCE UPON APPLICATION OF MILITARY AVIATION MUSEUM MODIFICATION OF CONDITIONS, REQUEST APPROVED BY CITY COUNCIL ON JANUARY 9, 2007, 1341 PRINCESS ANNE ROAD, DISTRICT 7 - PRINCESS ANNE DISTRICT BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MILITARY AVIATION MUSEUM Modification of Conditions, request approved by City Council 1 on January 9, 2007, 1341 Princess Anne Road DISTRICT 7 — PRINCESS ANNE December 9, 2008 -65 - Item V -L1 PLANNING ITEM # 58378 (Continued) AS MODIFIED, with ADDED Conditions: The following conditions shall be required: 1. The operating hours for the Museum shall be 9:00 AM through 5:00 PM, seven days a week, except during the Summer months when the Museum will cease operating at dusk 2. Museum and Training Services, Inc. employees who maintain the vintage aircraft displayed at the Museum shall number no more than eighteen (18) persons on duty at any given time. There shall be no limit to the number of Volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the Museum or special events. 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. 7. The existing runway shall remain in a grassed natural condition and shall not be paved. 8. The additional buildings shown on the submitted plan shall be used only for museum -related purposes. 9. A landscaped buffer shall be installed along the northern boundary of this property. The Director of Planning shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning. Voting: 9-2 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley and Reba S. McClanan Council Members Absent: None December 9, 2008 - 66 - Item V L1 PLANNING ITEM # 58378 (Continued) Attorney Bourdon referenced a problem: The condition re the runway, which is contained in the Court Order stipulates a grassed runway. This condition was not modified in the Substitute Motion. Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council RECONSIDERED Ordinance upon application of MILITARY AVIATION MUSEUM for Modification and Addition of Conditions (approved by City Council on January 9, 2007 Voting: 9-2 Council Members Voting Aye. William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley and Reba S. McClanan Council Members Absent: None l Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of MILITARY AVIATION MUSEUM for Modification and Addition of Conditions (approved by City Council on January 9, 2007): ORDINANCE UPON APPLICATION OF MILITARY AVIATION MUSEUM MODIFICATION OF CONDITIONS, REQUEST APPROVED BY CITY COUNCIL ON JANUARY 9, 2007, 1341 PRINCESS ANNE ROAD, DISTRICT 7 - PRINCESS ANNE DISTRICT BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MILITARY AVIATION MUSEUM Modification of Conditions, request approved by City Council 1 on January 9, 2007, 1341 Princess Anne Road DISTRICT 7 — PRINCESS ANNE December 9, 2008 Item V -LI PLANNING - 67 - ITEM # 58378 (Continued) The following conditions shall be required: 1. The operating hours for the Museum shall be 9:00 AM through 5:00 PM, seven days a week, except during the Summer months when the Museum will cease operating at dusk 2. Museum and Training Services, Inc. employees who maintain the vintage aircraft displayed at the Museum shall number no more than eighteen (18) persons on duty at any given time. There shall be no limit to the number of Volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the Museum or special events. 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. 7. The existing runway shall remain in a grassed nerktred condition and shall not be paved. 8. The additional buildings shown on the submitted plan shall be used only for museum - related purposes. 9. A landscaped buffer shall be installed along the northern boundary of this property. The Director of Planning shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning. This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of December Two Thousand Eight Voting: 9-2 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley and Reba S. McClanan Council Members Absent: None December 9, 2008 - 68 - Item V -L.2. PLANNING ITEM # 58379 Council Lady Henley wished the opposition of Mr. and Mrs. Highsinger, adjacent residents, be made a part of the record. Attorney Bourdon agreed to speak with them and relay the changes and buffers which will be in place, as well as the fact the footprint of the building will be decreased, as well as the parking area. Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of BUKOLA A. ODUYELU, D.D.S., P.C. for a Change of Zoning District Classification from R-20 Residential District to Conditional 0-1 Office District. ORDINANCE UPON APPLICATION OF BUKOLA A. OD UYEL U, D.D.S., P.C. CHANGE OF ZONING DISTRICT CLASSIFICATION, R- 20 RESIDENTIAL DISTRICT TO CONDITIONAL 0-1 OFFICE DISTRICT. DISTRICT 7 — PRINCESS ANNE ZO12081217 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BUKOLA A. ODUYELU, D.D.S., P.C. Change of Zoning District Classification, R-20 Residential District to Conditional 0-1 Office District, 2264 London Bridge Road. DISTRICT 7 - PRINCESS ANNE DISTRICT The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 q) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of December Two Thousand Eight 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 December 9, 2008 Ski AI PREPARED BY: SYK£S, BOURDON, Ai-I{RN & LEVY, P.C. 0 BUKOLA A. ODUYELU, D.D.S., P.C. BARBARA ANN HYMAN and JACQULON E. GREEN, Co -Executrixes of the ESTATE OF NANNIE OWENS TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 19th day of June, 2008, by and between BUKOLA A. ODUYELU, D.D.S., P.C., party of the first part, Grantor; BARBARA ANN HYMAN and JACQULON E. GREEN, Co -Executrixes of the ESTATE OF NANNIE OWENS, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.40 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R -2o Residential District to Conditional O-1 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives GPIN: 2405-60-4857 2008 DEQ 1 1 lIIIl 111 11111 111111111 20081215001412870 Pg. City o Virginia Beach 12/15/2008 11:11.54 AM AGMT Tina E. Sinnen, Clerk S B A l PREPARED BY: SYKES. BOURDON. AHERN & LEVY. P.C. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPT PLAN, PROPOSED MEDICAL OFFICE FOR DR. BUKOLA A. ODUYELU, DDS, PC", prepared by Gallup Surveyors & Engineers, Ltd., dated June 19, 2o08, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the building designated "Proposed Medical Office Bldg." on the Site Plan is developed, its exterior appearance shall be substantially similar in architectural features and details as the building depicted on the exhibit entitled "Proposed Medical Office For: Pediatric Dentistry Bukola A. Oduyelu, DDS, P.C. London Bridge Road Virginia Beach, Virginia", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Rendering"). The exterior building materials depicted on the rendering are stone, masonry (brick), dryvit and architectural shingles. 3. When the building designated "Proposed Office Bldg." on the Site Plan is developed, it shall be primarily residential in scale and substantially similar in appearance with similar architectural features and building materials as the "Proposed Medical Office Building". Architectural elevations and building material samples shall be submitted to SB AL PREPARED BY: SYKES. BOURDON. AHIERN & LEVY. P.C. 0 F; the Director of Planning or his designee for review and approval prior to issuance of a building permit for the "Proposed Office Bldg.". 4. The Grantors will agree to grant an appropriate ingress/egress easement to serve the adjoining property designated "N/F WALTER & DOROTHY I. O'NEAL" (N/F O'NEAL") on the Site Nan, from the entrance drive aisle along the west side of the Property, subject to said property being rezoned and redeveloped for an office use and the owners of the "N/F O'NEAL" property executing a reasonable shared maintenance agreement with the Grantors which reflects a reasonable sharing of construction and maintenance costs for the drive aisle and associated improvements, including landscaping. 5. All outdoor lighting other than building mounted lights shall not be elevated more than four feet (4') above ground level. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 6. When the Property is developed, that portion of the landscape buffer depicted and described on the "Site Plan" to "Provide Double Row Leyland Cypress and 2' High Berm" may be modified and adjusted in the area where there are existing mature trees in order to preserve the existing trees and supplement them with additional, appropriate landscape screening. 7. Any freestanding sign shall be monument style, no greater than six feet (6') in height with a base matching the material on the exterior of the Office Building. 8. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to 0-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning 3 I S u Al PREPARED BY, SYK£S. BOURDON. AII£RN & LEVY. P.C. Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. B Al PREPARED BY: SYKES, BOURDON. AHERN & LEVY. P.C. WITNESS the following signature and seal: Grantor: Bukola A. Oduyelu, D.D.S., P.C. By: — (SEAL) Bukola A. Oduyelu, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 20th day of June, 2008, by Bukola A. Oduyelo, President of Bukola A. Oduyelu, D.D.S., P.C., a Virginia professional corporation, Grantor. 7)1 Notary Public My Commission Expires: August 31 , 2010 Notary Registration No.: 192628 Ski t3 PREPARED BY: SYKES, ROURDON. AIIERN & LEVY. P.C. C 0 WITNESS the following signature and seal: Grantor: Estate of Nannie Owens By: e,, a v' Bar ara Ann Hy an, Co -Executrix STATE OF VIRGIN� bizztL.e.;\ CITY/COUNTY OF1 SLG 1()ICI I The foregoing instrument was 2008, by Barbara Ann Hyman, Co -Ex , to -wit: acknowledged before me this trix of t state of Nannie wens, Grantor. (SEAL) 3d dayv:/ of , My Commission Expires: 5 - 3 I -09 Notary Publi Notary Registration No.: (3)93 -505 - TINA ..oP ryNDEERGAST NPublic Commonwealth of Virginia Reg. #293525 xl _� j My Commission Exps..3.—L�-; I St 13 AL PREPARED BY: SYK S. BOURDON. AI(FRN & LEVY. P.C. WITNESS the following signature and seal: Grantor: Estate of Nannie Owens C lon E1Green', Co -Executrix / STATE OF VIRGINIA tl ( , CITY/COUNTY OF Y u ns K,\ , to -wit: 4+.\ 1_ The foregoing instrument was acknowledged 1 re»a this 0 day of "Amer 2008, by Jacqulon E. Green. Co-Exectrix of the Est rfl./^yvens, Grantor. sS �r � X91 < k� ( Notary u lick. .% F JI B %;,.:' �3 e.• My Commission Expires: Notary Registration No.: /-- 2i-0-611 0-1%Cv1 A`L PREPARED BY: SYK£S, BOURDON, AIIERN & LEVY, P.C. 0 EXHIBIT "A" All that certain tract, piece or parcel of land, with the improvements thereon, and the appurtenances thereto belonging, with a right to drain the same through the ditch of William T. Butt (as conveyed to a former owner of this property by said William T. Butt), situate and lying on the Nimmo Road, leading to Shipps Schoolhouse, in Seaboard Borough, City of Virginia Beach, Virginia, bounded and described as follows: On the North by the land of Ernest M. Owens, on the East by the land of William T. Butt, on the South by the Public Road leading to Nimmos, and on the West by the land of Ernest M. Owens, said land being more particularly described, as shown by the unrecorded plat of Joshua G. Moore, County Surveyor, dated December 21, 1918, viz: Beginning at the Public Road to Nimmos, and running North 46° 06' East 670.4 feet to a post at the intersection of two private roads as granted to E. Locker, E. M. Owens, and others, to be used in common as a right of way out to the public road; thence South 18° 05' West 538.2 feet to Marked Gum, Reference Tree; thence South 2° 3o' East 18.5 feet to the Public Road to Nimmos; thence South 88° 40' West 147.2 feet to a station; thence North 76° 35' West 181.8 feet to a station; thence North 46° 06' East 10.8 feet to post, the place of beginning, containing 1.942 acres. LESS AND EXCEPT that portion of the property conveyed to Walter J. O'Neal, et ux, by Deed dated 6-27-66 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 973, at Page 347 as depicted in Map Book 70, at Page 15; and LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach, Virginia, by Deed dated May 9, 1991, and recorded in the afore referenced Clerk's Office in Deed Book 2999, at Page 220 as depicted in Map Book 208, at Page 67. GPIN: 2405-60-4857 ConditionalRezone/Oduyelu/Proffer I - 69 - Item V -L.3. PLANNING ITEM # 58380 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of 501 22ND STREET, LLC for a Change of Zoning District Classification om A-12 Apartment District to Conditional RT -3 Resort Tourist District at 501 22nd Street re a product showroom and office at the Resort Area. ORDINANCE UPON APPLICATION OF 501 22ND STREET, LLC CHANGE OF ZONING DISTRICT CLASSIFICATION, A-12 APARTMENT DISTRICT TO CONDITIONAL RT -3 RESORT TOURIST DISTRICT DISTRICT 6 — BEACH Z01208121 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 501 22ND STREET, LLC Change of Zoning District Classification, A-12 Apartment District to Conditional RT -3 Resort Tourist District, 50122nd Street. DISTRICT 6 - BEACH. The following conditions shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of December Two Thousand Eight 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 December 9, 2008 SB A1L PREPARED BY: SYKES. BOURDON, AIIERN & LEVY. P.C. 501 22ND STREET, LLC, a Virginia limited liability company MARSHALL G. CANNADY and ARCHIE T. CANNADY 1111 111111111111111111 200812 5001412880 Pg City o Virginia Beach 12/15/2008 11:12.51 AM AGMT Tina E. Sinnen, Clerk TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 29th day of July, 2008, by and between 501 22ND STREET, LLC, a Virginia limited liability company, party of the first part, Grantor; MARSHALL G. CANNADY and ARCHIE T. CANNADY, parties of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the parties of the second part are the owners of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 9100 square feet which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District to Conditional RT -3 Resort Tourist District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise. y. „ 4..g� GPIN: 2417-98-9672 1 2008 DEC 15 fin 11: 07 S!13 A PREPARED BY: SYKES. BOURDON, AI-IERN & LEVY, P.C. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be improved substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN TRINDCO PREMIUM COUNTERTOPS", prepared by Gallup Surveyors & Engineers, Ltd., dated 7/28/08, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is redeveloped, the "Existing 2 -Story Frame Building" depicted on the Site Plan shall be retained and converted to a Business Showroom and Office use. The exterior surfaces of the Building shall be substantially as depicted on the exhibit entitled "Front Elevation TRINDCO 22ND STREET & BALTIC AVE.", prepared by Covington Hendrix Anderson, Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). 3. The land uses permitted on the Property shall be limited to the following categories as set forth in Section 1531 of the City Zoning Ordinance: (a) Business studios, offices, clinics and medical laboratories; or 2 II I II II I 5,13 A PREPARED BY: SYKES. BOURDON. AHERN & LtVY, P.C. (b) Dwellings, single family and duplex, but only in the area east of Parks Avenue and west of Arctic Avenue on 18th Street, 20th Street, 21st Street, and 22nd Street, and provided further that such dwellings should be consistent with the provisions of the Resort Area Design Guidelines. No other uses permitted in the RT -3 District shall be permitted on the Property. 4. The parking provided on site as depicted on the Site Plan shall only be utilized for the business operating on the property including employee parking which shall be onsite. The parking provided onsite shall not be utilized as a commercial parking lot or for the benefit of any other property. The property shall not be eligible to utilize the resort residential parking program for off-site parking. 5. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 6. No permanent freestanding sign shall be permitted on the Property. Building mounted signage shall not contain any lighting and only be lit externally from ground level. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to the RT -3 and A-12 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the 3 S?ita A PREPARED BY: SYKES, DOURDON. AIIERN & LEVY. P.C. Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. A L PREPARED BY: SYK{S, BOURDON. AERN & LINY. PC WITNESS the following signature and seal: Grantor: 501 22nd Street, LLC, a Virginia limited liability company By :LA�:� ����� `� SEAL) STATE OF /U Q J C1( -I/COUNTY OF S .tea \ k , to -wit: The foregoing instrument was acknowledged before me this „day of July, ;c 2008, by 4rt,riaw..—C�� wt P v- Plc r, . ie of 501 22nd Street, LLC, a Virginia limited liability company, Grantor. �1 My Commission Expires: Notary Registration No.: Public THOMAS J. OSBORNE Notary Public, State of New York No. 0205481243 0S ebo28,ount �\ 1 Commission Exp �l3 L PREPARED BY: SYKES. IOURDON. AIIERN & LEVY. P.C. 3 WITNESS the following signature and seal: Grantor: Marshall . Cannady (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this lc, day of Lc 2008, by Marshall G. Cannady, Grantor. My Commission Expires: Notary Registration No.: Commonwoonh of Virginia 21?63$ My Commission Expires Jon 31. 2012 L PREPARED BY: SYKES. ROURDON. AHERN & LEVY. P.C. WITNESS the following signature and seal: Grantor: 0 / 4 i,&v (SEAL) �` ` Archie T. Cannady. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this t.n day of .Attu; f �, 2008, by Archie T. Cannady, Grantor. My Commission Expires: , SPRING L. OYER Notary Registration No.: Notary IIIc Cvmmonwearrn or VIrgNNa 217631 my Commission Expires Jan 31, 2012 SB AL 11 1 PREPARED BY: SYKRS, BOURDON. AIIERN & LEVY. P.C. EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land, located in the Virginia Beach Borough in the City of Virginia Beach, Virginia, known, numbered and designated as Lots 1 and 3, Block 55, as shown on the plat of Virginia Beach Development Company Number Six (6), which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 103; to which reference is hereby made for a more particular description. GPIN: 2417-98-9672 ConditionalRezone/5o122ndStreet/Proffer - 70 - Item V -L.4. PLANNING ITEM # 58381 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of AGAPE FULL GOSPEL DELIVERANCE and WORSHIP CENTER for a Conditional Use Permit re a church and related facilities ORDINANCE UPON APPLICATION OF AGAPE FULL GOSPEL DELIVERANCE AND WORSHIP CENTER CONDITIONAL USE PERMIT, CHURCH, 6620 INDIAN RIVER ROAD, DISTRICT 2 - KEMPSVILLE R012835310 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of AGAPE FULL GOSPEL DELIVERANCE and WORSHIP CENTER Conditional Use Permit, church, 6620 Indian River Road, DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The existing parking lot shall be resurfaced where necessary and remarked clearly to delineate the parking spaces. In addition, handicapped -accessible spaces must be installed in accordance with the Americans with Disabilities Act (ADA). 2. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along Indian River Road for the length of the property in an effort to screen any vehicles from view of the right-of-way as well to improve the appearance of the site. 3. A Certificate of Occupancy shall be obtained from the Building Official's office prior to occupancy. 4. All freestanding and building signage shall conform to the City of Virginia Beach Zoning Ordinance and no such signage shall be permitted within the right-of-way. This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of December Two Thousand Eight December 9, 2008 -71 - Item V -L.4. PLANNING ITEM # 58381 (Continued) 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 December 9, 2008 - 72 - Item V -M.1. APPOINTMENTS ITEM # 58382 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TIDEWATER REGIONAL GROUP HOME COMMISSION December 9, 2008 -73 - Item V -M.2. APPOINTMENTS ITEM # 58383 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Myra W. Jennings 3 -year term: January 1, 2009 — December 31, 2011 COMMUNITY SERVICES 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 December 9, 2008 - 74 - Item V.O. ADJOURNMENT ITEM # 58384 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:09 P.M. a22 vizAz Beverly__ 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia Louis R. Jones Vice Mayor Meyera E. Oberndorf Mayor December 9, 2008 - 74 - Item V.O. ADJOURNMENT ITEM # 58384 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:09 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Louis R. Jones Vice Mayor th Hodges Fraser, MMC Meyera E. Oberndorf Mayor City Clerk City of Virginia Beach Virginia December 9, 2008