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SEPTEMBER 27, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SF.SSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayride -District a GLh,'NN R. DAV/S, Rose Hall -District 3 W/LLLAM R. DeSTF_'PH, At-barge HARRY E. D/EZEL, Kempsville -District 2 ROBh.'RT M DYER, Centerville -District I BARBARA M HENLEY, Princess Anne -District 7 PRESTON N. SHERKOD, AaLarge JOHN E. UHR/N, Beach -District 6 KOSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER -.lAMF,S K. SPORE C/Y'Y ATTORNEY -MARK D. ST/LES CITY ASSESSOR-JERALDD. BANAGAN CITY AUDITOR - LYNDON S REM/AS CITY CLERK - RU%H HODGES FRASh.R, MMC CITY COUNCIL AGENDA 27 SEPTEMBER 2011 CITY HALL BU/LDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGIN/A 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS -Conference Room- 3:30 PM A. GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS Clay Bernick, Administrator -Environment and Sustainability Office B. 2012 LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager C. INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS Patricia Phillips, Director -Finance D. PROPOSED CONSTITUTIONAL AMENDMENT Rebecca Kubin, Deputy City Attorney II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- 5:00 PM A. CALL TO ORDER -Vice Mayor Louis R. Jones B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Vice Mayor Louis R. Jones B. INVOCATION: Rabbi David Barnett Temple Emanuel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL FORMAL SESSION 2. INFORMAL and FORMAL SESSIONS G. MAYOR'S PRESENTATION GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS H. FORMAL SESSION AGENDA I. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. 2061 Chicory Street b. 4153 Dam Neck Road J. CONSENT AGENDA K. ORDINANCES/RESOLUTION September 6, 2011 September 13, 2011 1. Ordinances to AMEND the City Code: a. §2-6 re the Resort Advisory Commission to REMOVE the "sunset" provision b. §2-108 re probation period of employment for Firefighters c. §2-224.1 to 2-224.8 to enact an Enhancement Program for small businesses incl minority, service disabled veteran and woman-owned businesses 2. Resolution to MOVE the November 8, 2011, regular meeting of City Council to November 1, 2011, to allow citizens to vote in the November 8, 2011, General Election. 3. Ordinance re a Cooperative Agreement between City Council and the School Board re legal services to be provided to the School Board and School Administration by the Office of the City Attorney in FY 2012 and AUTHORIZE the Mayor to EXECUTE the Cooperative Agreement 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease between the City and Richmond 20MHz, d/b/a/ NTelos Wireless re wireless telecommunications at 2061 Chicory Street 5. Ordinance to ACCEPT a donation from the Hampton Roads Planning District Commission (HRPDC) of a Shelter Support Unit to provide supplies and equipment for the Medically Friendly Shelter Program and AUTHORIZE the City Manager to EXECUTE an Agreement with the HRPDC 6. Ordinance to APPROPRIATE $660,000 from the Federal Emergency Management Administration (FEMA) to the Fire Department for mobilization and related activities of the Virginia Task Force Two Urban Search and Rescue Team (FEMA) re an earthquake, Hurricane Irene flooding and a readiness exercise 7. Ordinance to APPROPRIATE $550,000 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the Convention and Visitors Bureau re advertising and marketing related activities Ordinances to ACCEPT and APPROPRIATE a Grant from the United States Department of Transportation National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles (DMV) and APPROPRIATE funds from the Fund Balance of the DEA Seized Property Special Revenue Fund to the Police Department re police officer overtime and equipment: a. $65, 680 for enforcement of seat belt laws with $13,136 local grant match b. $54,420 for enforcement of DUI laws with $10,8841oca1 grant match 9. Ordinance to TRANSFER a $338,651 Grant within the Energy Efficiency and Conservation Block Grant re hybrid vehicle purchases (delta), HVAC assessments, solar study of the Convention Center, reimbursement for increased staff time performing energy conservation activities, training, energy software and office supplies L. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for BAYMARK CONSTRUCTION CORPORATION and VANESSA BOWSER-BRICKHOUSE at Riddick Lane and Indian River Road to comply with minimum lot requirements. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of REAL LIFE CHURCH/CHURCH of GOD of PROPHECY for the Modification of Conditional Use Permit (approved by City Council on August 15, 1998) to allow two (2) temporary structures on site at 4877 Princess Anne Road. DISTRICT 2 -KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of TARGET HITTERS, LLC/CHARLES and DONNA MCDANIEL for a Conditional Use Permit re a home occupation (online gun sales) at 3425 Glen Arden Road. DISTRICT 2 -KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of GREEN RUN LITTLE LEAGUE, INC. for a Conditional Use Permit re a recreational facility of an outdoor nature at 4141 and 4153 Dam Neck Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of McDONALD DEVELOPMENT CO.BARBARA CREECH, TRUSTEE of the ALFRED T. CREECH IRROVACABLE TRUST for a Change of Zoning District Classification from AG-1 Agriculture and AG-2 Agriculture to Conditional I-1 Industrial District at Harpers Road and Oceana Boulevard. DISTRICT 6 -BEACH RECOMMENDATION APPROVAL M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ~**~~*** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 NATIONAL NIGHT OUT OCTOBER 4, 2011 CI TY CO UNCIL SESSIONS CANCELLED CITY COUNCIL SESSIONS NOVEMBER Stn MOVED TO: NOVEMBER 1St to provide citizens to exercise their right to vote on November 8, 2011, General Election Agenda 09/27/2011 gw www.vb ov.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 27, 2011 Vice Mayor Louis R. Jones, called to order the BRIEFING re GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS in the City Council Conference Room, Tuesday, September 27, 2011, at 3: 30 P. M. Council Members Present: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr [out of the City -TowneBank business] Glenn R. Davis John E. Uhrin [Traveling out of the Country -returning September 28, 2011) [Family Vacation] September 27, 2011 -2- CITY MANAGER `S BRIEFING GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS 3:30 P.M. ITEM # 61245 Clay Bernick, Administrator -Environment and Sustainability Office, advised, in 2009, the Green Ribbon Committee established a "Stewardship Awards" Program to recognize exemplary environmental stewardship projects. The purpose of this award program is to: • Recognize residents, organizations and business that demonstrate initiative and leadership in achieving a healthier outdoor environment • Encourage interest and participation by residents and businesses in becoming involved with "green "initiatives in the community • Provide various local resources for ideas and instruction on "green "practices, including site demonstration projects, educational brochures and websites. There were five (5) categories of awards: Residential Business/Non profit Youth Group Civic/Association Landscape/Green Industry x ,~ RESIDENTIAL CATEGORY CHESAPEAKE BAY WATERSHED WINNERS First Place Ruth Burch Residence, Carolanne Farms Neighborhood Project Highlights: • Created large butterfly and wildlife garden habitat area with stepping stone paths • Installed four rain barrels • Removed invasive noxious plants and replaced with native • Installed landscape buffer between front yard and street September 27, 2011 I ~ I I ~ - -3- CITY MANAGER `S BRIEFING GREEN RIBBON COMMITTEE STEWARDSHIP A WARDS ITEM # 61245 (Continued) RESIDENTIAL CATEGORY CHESAPEAKE BAY WATERSHED WINNERS Second Place (tie) Johanna Culver Residence Stratford Chase Neighborhood Project Highlights: • Reduced lawn turf by approximately 20 percent • Installed mulched landscape beds among mature trees • Planted shade tolerant species that complimented the existin conditions ~: :<<„ ~ , ,;~" o .k .gym ~ ~~"` ~ ~ .. ~~ r® ~: , ~ `~ ~;altr ~~ ~ ~ ...~. ... aa~..~t?. a.». ~,~°;. There was a tie for Second Place, with the third being in the Lake James' neighborhood RESIDENTIAL CATEGORY CHESAPEAKE BAY WATERSHED WINNERS Second Place (tie) Alice Twining Residence Lake James Neighborhood Project Highlights: • Replaced turf front yard to capture and reduce runoff flowing to the street • Utilized a plant palette of spreading groundcovers and low water demand perennials ' p^`` a•. September 27, 2011 -4- CITY MANAGER `S BRIEFING GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS ITEM # 61245 (Continued) ., . ... ~~ ~,. - .~ ~,,-~- _~~ ~_ .-~ ..~~~~ ~, :.. ~. - ~M~ ~, . ,. ~~. RESIDENTIAL CATEGORY SOUTHERN WATERSHED WINNERS First Place Jim and Mary Kincaid Residence Lake Christopher Neighborhood Project Highlights: • Installed landscape buffer to capture runoff from the yard before it enters the street • Installed downspout diverters to control direction of roof runoff onto permeable areas • Installed irrigation system for efficient watering • Installed rain barrel for container watering .. ~ v.x*. ~ .,~ < a €, ~ ~. :~v.~ :. RESIDENTIAL CATEGORY SOUTHERN WATERSHED WINNERS Second Place Carson and Judy Entrekin Residence, Charlestown Lakes South Neighborhood Project Highlights: • Naturalized the yard by adding ponds and native plants among mature trees • Created habitats for birds and small animals and beneficial insects as well as organisms • Made paths and sitting areas for human enjoyment r ~~. . ~~ _ >~ September 27, 2011 -5- CITY MANAGER `S BRIEFING GREEN RIBBON COMMITTEE STEWARDSHIP A WARDS ITEM # 61245 (Continued) RESIDENTIAL CATEGORY OWL CREEK WATERSHED WINNER First Place Gary Smith Residence, Shadowlawn Neighborhood hts: t Hi hli P ~ Y~ X11 '`_ ~ ~ ~` g g rojec ;~ ,4 ~t ;~ ~' _.~~ • Replaced turf areas with organic vegetable and ~ `~; ~, fruit gardens in raised beds for easy maintenance. 3" ~• ~ ' -r ~ i l' ~ ° • Loose gravel pathways allow rainwater to infiltrate ' + ib •; < ~' x a.. into the ground and controls weeds and watering ~; ~ ~ ~ ~'= needs ~* e ~: as n r w„w r,r 6 p ~ +{ ~~ t to -! ^'k BUSINESS/N4N-PROFIT CATEGORY September 27, 2011 -6- CITY MANAGER `S BRIEFING GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS ITEM # 61245 (Continued) BUSINESS/NON-PROFIT CATEGORY CHESAPEAKE BAY WATERSHED WINNER Lynnhaven River NOW Locations: Crab Creek Shoreline and Lake Trashmore Shoreline Project Highlights: • Growing wetlands in the Classroom project with funding from Dollar Tree Corporation •Trained the teachers and provided plant materials, wet boxes, and grow systems • Organized and ran the transplanting of the wetland plants at Lake Trashmore shoreline and Crab Creek shoreline BUSINESS/NON-PROFIT CATEGORY SOUTHERN WATERSHED WINNER Virginia Beach Society for the Prevention of Cruelty to Animals Location: 3040 Holland Road Project Highlights: • Constructed a large rain garden to capture and treat stormwater runoff from the parking lot and adjacent properties • The rain garden was installed by volunteers using donated funds and materials • Utilized native plants September 27, 2011 -~- CITY MANAGER `S BRIEFING GREEN RIBBON COMMITTEE STEWARDSHIP A WARDS ITEM # 61245 (Continued) YOUTH GROUP CATEG®RY ~~ ' virrltfa BACN CITY PUBLIC CHt~CLS YOUTH GROUP CATEGORY CHESAPEAKE BAY WATERSHED WINNER plaza Middle School .ocation: 3080 South Lynnhaven Drive =ive Projects: Tree Nursery, Pollinator and Butterfly 3arden, Vegetable Garden The students are growing and studyingg 400 pine seedlings purchased from the Virginia Department of Forestry. They have planted a raised bed pollinator and butterfly ;arden and are also studying soil organisms. Created a vegetable garden in a previously mulched ourtyard for cool-weather crops; set up 2 compost tumblers ind use appropriate waste from the cafeteria. Created a Victory Garden for cool weather crops Created a oyster reef to grow oysters with Oyster Reef Ceepers of Virginia. September 27, 2011 l ~~ -s- CITY MANAGER `S BRIEFING GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS ITEM # 61245 (Continued) CLUB/ASSOCIATION CATEGORY Pleasure House Lake September 27, 2011 -9- CITY MANAGER `S BRIEFING GREEN RIBBON COMMITTEE STEWARDSHIP A WARDS ITEM # 61245 (Continued) CLUB/ASSOCIATION CATEGORY CHESAPEAKE BAY WATERSHED WINNER Chesapeake Beach Civic League Location: Pleasure House Lake, Chubb Lake, lake Bradford, LakeJoyce Project Highlights: • Received a Citizen Monitoring Grant from the Virginia Department of Environmental Ctuality for monitoring water quality at 13 sites on four neighborhood lakes from April to September 2010 • Measured chemical and biological parameters • Determined location of high E. Colt readings ' • Installed "poop bag boxes" • Reported testing results in the civic league newsletters CLUB/ASSOCIATION CATEGORY SOUTHERN WATERSHED WINNER Council of Garden Clubs of Virginia Beach Locations: Multiple sites around the city Project Highlights: "Sixty Trees for Sixty Years" project celebrating the 60the anniversary of the organization • Enlisted multiple clubs, businesses, and individuals to contribute funds and plant trees on multiple sites around the city. • The city Arborist was also involved in the plant and site selection _, ~. . ~ .~. w~ .,•-~,. x~. ~~ ~ ;. * ~ n. ~.~ ~ a~aolx 6 " ,4. „r- .--~ ~, ._ , .mom. September 27, 2011 -10- CITY MANAGER `S BRIEFING GREEN RIBBON COMMITTEE STEWARDSHIP AWARDS ITEM # 61245 (Continued) LANDSCAPE/GREEN INDUSTRY CATEGORY Virginia Tech/Hampton Roads Agricultural Research and Extension Center LANDSCAPE/GREEN INDUSTRY CATEGORY CHESAPEAKE BAY WATERSHED WINNER Virginia Tech/Hampton Roads Agricultural Research ta~~ ~~~~~. Plant ° "~~^~' ~~ t ; ~ ~:F~ Diversity ~~ ~ ~ :~ '"~~~„ 4, rw~og ~nagv oar-~m~e ~; ~n a ~~,~. I:uW' ~ rr~avasR-^ rL, berm. ~is1 aoeganisn~s & w~:: k~. rcQUC 9 tfie I p t i .I. q~cc ~ aia In, pit. Prccrsity °"y~ ~' ~ £ also cteztes yna unN i~~Mrm xf iii cage 3' pro+xle.+ wiN113Ye 4w S I~~iNIOY. and Extension Center ~,~ ~ "~ z ~ Location: 1444 Diamond Springs Road Project Highlights: _, ~~ ~ ~ ~~ • Created a demonstration garden (8,300 square feet) that M ~~~ ~", «v contains 140 species and follows the sustainable concepts of ,i ~ biological diversity, resource conservation, and low ~~" ""~ impact/input "' • Within the first six months the garden had over 1000 visitors and it has received local, regional, national, and' international attention ~ ` ~' _ ~ '; ,> ~° ~.. _.e September 27, 2011 -11- CITY MANAGER `S BRIEFING GREEN RIBBON COMMITTEE STEWARDSHIP A WARDS ITEM # 61245 (Continued) STEWARDSHIP AWARDS JUDGES September 27, 2011 City of Virginia Beach Staff and Master Gardeners -12- CITY MANAGER `S BRIEFING 2012 LEGISLATIVE AGENDA 3: SO P.M. ITEM # 61246 Robert Matthias, Assistant to the City Manager, distributed the First Draft of the Legislative Agenda for the 2012 General Assembly. The current suggested schedule is for City Council to review the package at their September 27, 2011, meeting with a Public Hearing to follow at the City Council meeting on October 11, 2012. City Council can consider adoption of the package on October 25, 2011. Mr. Matthias advised the State still has severe fiscal issues and does not know whether the economy may be entering a "double dip" recession. The General Assembly borrowed funds from the VRS (Virginia Retirement System) this last year to balance the budget. No pay-back is yet scheduled. • Post Labor Day Opening for Schools (Convention and Visitors Bureau) • Expansion of the Virginia Human Rights Act (Virginia Beach Human Rights Commission) • Equalization of Lodging Taxes (City Manager) • Authority Granting the City of Virginia Beach Concurrent Jurisdiction with the Commonwealth in Identified Waters Off the City Shores (Police) Localities to have a Choice Between Providing New Employees with a Defined Benefit Retirement Plan or a Defined Contribution Retirement Plan (Council Member Davis) Autism Spectrum Disorder (ASD) Initiative (Human Services) September 27, 2011 • State Legislation that would Enable -13- CITY MANAGER `SBRIEFING 2012 LEGISLATIVE AGENDA ITEM # 61246 (Continued) A Public Hearing will be scheduled for the City Council Session of October ll, 2011:. • Responding to Health Reform and Integrated Care Demands (Human Services) • Specialized Services and Regional Initiatives and Emergency Services (Human Services) • Illegal Use of Laser Pointers or Lights (City Manager at the request of NAS Oceana) • Opposition to the Amendment to the Constitution Relating to Eminent Domain (City Manager) • Small Business Financing Authority (Economic Development) • Sustainable Transportation Funding (City Manager) • Disclosure Limitation for Unpaid Invoices (Finance) • Wireless E-911 Fund Distribution Formula Changes (Emergency Communications 8c Citizen Services) • Line of Duty: Death, Health, and Disability Benefits (Finance) Taxation of Internet Sales (Management Services) • Continued Funding for BRAC Effort (City Manager) September 27, 2011 -14- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT rind UNAUDITED 2011 RESULTS 4:30 P.M. ITEM # 61247 Patricia Phillips, Director of Finance, advised that on August Twelfth, the Finance Department officially closed the City's financial accounting records for Fiscal Year ending June 30, 2011. The Department is noh~ in the process of analyzing revenues and expenses, developing work papers and assembling financial statements and supplemental information for the City's S0+ funds in preparation for the City's Auditors, Cherry, Bekaert & Holland. Mrs. Phillips recognized the City's Comptroller, Don Barnett, whose office prepares these statements, Loretta Brown, Administrative Assistant, Miryam P. Woodson, Principal Accountant, and Aaron McCoy, one of the young accountants who has been instrumental in developing the PowerPoints. The Comprehensive Annual Financial Report, (CAFR), containing audited financial statements for all funcls, will be presented to City Council on December 13'". Mrs. Phillips underscored the Finance Department still has a great deal of analysis to complete, and as such, these amounts could change. General Fund Budget to Actual at June 30, 2011 (in millions) of BUDGET ACTUAL VARIANCE Budget REVENUES $ 996.7 $ 994.9 $ (1.8) -0.2% EXPENDITURES (1,040.1) (1,010.3) 29.8 2.9% REVENUES OVER (UNDER) FUND BALANCE -JULY 1 FUND BALANCE -JUNE 30 LESS: RESERVATIONS $ (43.4) $ (15.4) $ 28.0 179.0 163.2 UNASSIGNED FUND BALANCE -JUNE 30 (50.6) $ 112.6 Fund Balance as a percent of FY 2012 Revenues is 11.85% .:fin °~-~r~~. '~ti o~;y~tr~~t.t~ ;cn~, ~a .„ ;~~ ~~i,: ~~ ` a M~' ~, _ September 27, 2011 -IS- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS ITEM # 61247 (Continued) For Fiscal Year Ended June 3Q. Status of Three Major Funds -General Fund -School Operating Fund -Water and Sewer ~F~ .~ FY2011 General Fiord Revenues Compared to Hfstoric Trend at June 30, 2011 IOO.U goo, so i d so io d 3 c ao i d a ZO% 0% YTD ACTUAL = $994 9M . ANNUAL BUDGET = $996.7M 72.8% 7F.6r 4 September 27, 2011 Jul Auy Sep Oct Nov Dec Jan Feb Mar Apr May Tun °+--Ree Trend -~-"~~o(F'1'II Rev 6ndget la ~.; Out a'ii~a -, a .~.,.....~~ ~ ~ ~eai~...;l.7 -16- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS ITEM # 61247 (Continued) General Fund Revenues Budget to Actual at June 30, 201. (in millions) Budget Actual Variance Local $ 831.1 $ 832.4 $ 1.3 State 143.0 140.1 (2.9) Federal 22.6 22.4 (0.2) Total $ 996.7 $ 994.9 $ (1.8 Percent Under Budget -0.2% ~~ ~~~ e~...,, ° ~~`~~ .. General Fund FY2011 Local Revenue Variances` (in millions) Variance Real Estate $ 1.3 Personal Property p,g General Saks L 1 Utility Taxes p,2 Business Licenses 0.5 Hotel Taxes p,4 Restaurant Meals 1.6 Telecommunications Taxes (2.3) Cigarette Taxes (p,6) Fines and Forfeitures (p,6) Virginia Aquarium (0,3) Interest (0.5) Other Local Revenue (p,3) Total Local Revenue Variance `" r^ i#<,,r ~ to ~i i $ 1.3 September 27, 2011 -17- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS ITEM # 61247 (Continued) General Fund FY2011 State Reve-~ue Variances~~ ~~~~~ '~, (in millions) ~"~~ Variance Constitutional Officers Reimbursements $ (0.2) State Aid Law Enforcement $ (1.1) Recordation Fee 1.5 ~ State Reductions 0.1 0.5 ~~` i k. Maintenance of Roads 0.2 ~ °~ ~~ Public Assistance Grants (2.5) ~ `' MH/MR and Substance Abuse 0.2 ~ '. Other (1.1) Total Variance $ (2.9) $500 $475 c 0 f w $450 c d v K $425 Real Estate Tax Revenues June 30, 200'7 - 2011 ($2.OM O~~er Budget) $400 a t '„` i ' ~ i ""~.,~' . FY 2007 FY 2008 FY 2009 FY 2010 ©Budget ^Actual t FY 2011 September 27, 2011 * Offset with ARRA funding. ~, ~~.... -18- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS ITEM # 61247 (Continued) o:~ M , .~~ Personal Property Taxes - Local (excludes PPTRA) June 30, 2007 - 2011 ($830IC Over Budget) gao E60 c 0 f w N Sao d d Ezo So 380 Eso o S40 V1 ~ S30 c d w lY E20 s1o so FY 2007 FY 2008 FY 2009 FY 2010 oBud et ^Actual i » 4=` 113yi1,i i ~~ „ ~ ~~ - ^Budget _. ___.. _._. _®Actual r ~ u _...._.. .....~.~. , o, .. FY 2011 7'.:: September 27, 2011 i~ ~ ~~ -19- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS ITEM # 61247 (Continued) Business License June 30, 2007 - 201.1 ($SOOK Over Budget) $50 $40 c ~ $30 w d $zo d $10 $0 $s $5 $4 c 0 f h $3 w c m m ~ $2 $1 $o '~~~~ Hotel Room Taxes -General Fund June 30, 2007 - 2011 n ($4()OK Over Budget) ~ , September 27, 2011 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 ^Bud et ^Actual ~ ~ ~~, ~5R ~~ •~ , a ~' ~. a ~i ~~ , FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 oBudget ^Actual a. ~ ~'~s.: 1" Hotel Room Taxes -Total City ~: June 30, 2007 - 2011 ~ {~LSM Over Budget) $25 $20 c 0 f15 W VI d J C ~ f10 $5 $o :Restaurant Meal Taxes -General Fund June 30, 2007 - 2011 (~I.GM Over Budget) $35 530 525 c 0 520 w Yl d X515 u $10 Ss So FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 -_ ©Budget ^Actual _~ iw ,,.~.. September 27, 2011 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 oBudget ^Actual - -~ -21- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS ITEM # 61247 (Continued) ti. ~~~ r ~,, Hotel & Restaara«t Tax FY12 B~~dget Allocation Hotel Room Tax ~ ®CF2% ^CBD 1'tF ^TAP 1%!Sl ^TIPS% sn $25 $20 o $15 f N N d 7 w $70 d K $5 $0 Restaurant Meal Tax Telecommunications Tax June 30, 2009 - 2011 {$2.3M Under Budget) September 27, 2011 L t3GF 3S% ^TAP U.S% OTIP 1.06% ^OS OA4% FY 2008 FY 2010 FY 2071 oBudget ^Actual ~~ x~ -22- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS ITEM # 61247 (Continued) General Fund Expenditures For Fiscal Year Ended June 30, 2011. (in millions) Budget Actual Variance City Expenses: Departments $ 563.3 $ 544.3 $ 19.0 Debt Service 46.4 45.7 0.7 Capital Projects 45.6 45.6 Total 655.3 635.6 19.7 Schools (City Funding): Operating Transfers $ 336.3 $ 326.6 $ 9.7 Debt Service 43.8 43.4 0.4 Capital Projects 4.7 4.7 - Total 384.8 374.7 10.1 ,040.1 $ Total Expenditures $ 1 1,010.3 * $ 29.8 _ *Reflects encumbrances of $11.7 million k~:x> ~ ~ih `\~`~~~~~ka ~ 4 ~ ad...i ~iW~tl 6+~ 1.4% 2.9% September 27, 2011 -23- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS ITEM # 61247 (Continued) ~~... ~. ~. General Fund FY20ll Expenditures Under Budget (in millions) Variance School Reversion $ 9•~ City: Human Services 4.4 Public Works 3.3 Police 2.3 Emergency Comm 1.2 Fire 1.2 ComIT 0.4 Debt Service 1.1 Transfers 0.3 Other Depts 5.9 20.1 Total Variance $ 29.8 *Reflects encumbrances and carryforwards ~~t~~ ~~~e~ , ~ . e ~~~~ ~~~ . a~~ , ~. ~.a ~ ~,a, , zoo ~,so 0 s~oo 0 a sso Unassigned General Fund Balance so 2003 2004 2005 2006 2007 2008 2009 2010 2011 OU iissigned G~ 13~ilanc t° i 1 14udgeted GF Kcvenue Policy = 8-12% of Revenues s~~y~ ,-t y~~~~~; September 27, 2011 -24- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS ITEM # 61247 (Continued) Total Fund Balance June 30, 2011 ~ 163.1 Less: Reservations & Designations Loans Inventories City CIP - 2012 FY2012 Operating Budget Net School Reversion Unassigned Fund Balance Percent of Budgeted FY 2012 Revenues M~ ~ry $ 112.6 11.85% School Operating Fund -Revenues & Expenditures For the Fiscal Year Ended June 30, 2011 (in millions) Budget Actual REVENUES: City ~ 325.0 Local 3.1 Schools 'Reserve and Other Funds 13.7 Commonwealth 299.6 Federal Government * 24.2 Total Revenues $ 665.6 EXPENDITURES ~ (682.8) Excess Expenditure Savings Over Revenue Variance Prepaid Items Total Reversion to City * Includes $7. SMillion in ARRA Funding for Basic School Aid ** Reflects encumbrances of $15.3 Million $ 8.8 0.2 23.9 6.2 11.5 50.E ~ 325.0 3.5 13.6 301.1 23.2 $ 666.4 Variance ~$ - 0.4 (0.1) 1.5 X1.0) ~ 0.8 $ (674.4) * * ~ 8.4 9.2 0.5 ~ 9.7 September 27, 2011 -25- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS ITEM # 61247 (Continued) ;:~ Water & Sewer Enterprise Fund Budget to Actual at June 30, 2011 (in millions) Total Revenues Total Expenses Net Change Budget $ 103.1 $ (125.7) Actual 105.7 (104.1) $ (22.6) $ 1.6 Summary - Fund Balance within Policy, higher than ZO10 - (11.85% FY11 vs 10.05% FY10) - Departments continue to manage their budgets - Reductions in personnel have operating impacts - Actual revenues were 0.2% under budget - Recommend entire fund balance be maintained as reserve for FY2013 ~ ; ~`~ :~„ ~. ~" '~ "~~ ,. >a,.~.~.. ~ ei rr 4i Z~~a~~~. September 27, 2011 -26- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT and UNAUDITED 2011 RESULTS ITEM # 61247 (Continued) Next Steps - Letter to Council on Sept. FY12 Interim - 5 Year Forecast - October Interim - FY11 Audited Financial Statements - November Interim - FY13 Budget Proposal - FY13 Budget Adoption oet 2s, 2011 Nov 15, 2011 Nov 29, 2011..:. Dec 13, 2011 Dec 13, 2011 March 27, 201 May 8, 2012 y ~ y Schools Revenue Sharing Policy June 30, 2011 (in millions) Appropriations - FY2011 Less: Amount Expended and Encumbered Total Reversion FY2011 Revenue Sharing FY2011 Debt Service True-up Total Excess Revenues to be Appropriated ~~ ~~~~~~~ yQ ~`~ ` .-, nw~,.. - - ~~ F $ 336.3 (326.6) 9.7 1.4 ns $ 11.5 September 27, 2011 -27- CITY MANAGER `SBRIEFING PROPOSED EMINENT DOMAIN CONSTITUTIONAL AMENDMENT 4: SO P.M. ITEM # 61248 City Attorney Mark Stiles advised Deputy City Attorney Rebecca D. Kubin prepared a presentation which advised of some of the potential ramifications of the proposed legislation "Eminent Domain" as a Constitutional Amendment. Proposed Amendment to Article 1, Section I1 in the Bill of Rights That the General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use. No private property shall be damaged or taken for public use without just compensation to the owner thereof. No more private property may be taken than necessary to achieve the stated public use. Just compensation shall be no less than the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. The terms "lost profits" and "lost access" are to be defined by the General Assembly. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking, or damaging of private property, is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is. 1~ ~1 Current Eminent Domain Provision in Virginia Constitution The General Assembly shall not make "any law whereby private property shall be taken or damaged for public uses, without just compensation, the term `public uses' to be defined by the General Assembly;" "Public uses" are defined in Va. Code §i-u9.i (zoos). September 27, 2011 -28- CITY MANAGER `SBRIEFING PROPOSED EMINENT DOMAIN CONSTITUTIONAL AMENDMENT ITEM # 61248 (Continued) Five (S) Elements of the Proposed Amendment: 1. Restates all existing provisions: Restates the existing constitutional provisions except reverses "taken or damaged " 2. Necessary: "No more private property may be taken than necessary to achieve the stated public use. " 3. Just compensation redefined: "Just compensation shall be no less than the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking." The terms "lost profits" and "lost access" are to be defined by the General Assembly. 4. Kelo amendment/public use: "A taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property." S. Burden of proof on public use: The condemnor bears the burden of proving that the use is public, without a presumption that it is. Elements 1, 4 and 5 -- Ke(o Amendment ...._ .... _. ..... .._.._.. ~isttng corxstxtutianal ~ t . _ . _ ... ....................... ~ propasc,d amendment _ rovision _. ~ __,- _ _-- p ._~ __ • "...that the General Assembly shall not That the General Assembly shall pass pass... any law whereby private property shall be taken or damaged for no law whereby private property, the shall be ~ht to which is fundamental public uses, without just compensation, the term "public uses" , r dacn.~i ~ed~r t~1I<.,cn_except for public rivate property shall be ~o use to be defined by the General p . damaged or taken for public use Assembly;" without dust compensation to the owner thereof. • § r-zi9.i: Except for private utilities A taking or damaging of private and common carriers, roperty can ulhlic (a~the+ r h t k l b property is not foc..p.ubhc use, if the.. ~s fcx ~ri~atc ain iivate ~ p en w e e e a on y interest dominates the prir-ate gain rnna use >enetit ~ivite enterprise, inc•.reasing and (b) the primary, purpose is not jo ~s mercasin~ tax revenue, or private financial gam, private benefit, econonvc decetopment, except for the an increase in tax base or tax revenues elimination of a public nuisance or an increase in employment. existing on the property. • Change. in law: The condemnor bears the burden of proving that the use is Generally, makes statutory law part of the public, without a presumption that it Virginia constitution, but shifts burden of proof ~s• and removes presumption that use is public. September 27, 2011 -29- CITY MANAGER `SBRIEFING PROPOSED EMINENT DOMAIN CONSTITUTIONAL AMENDMENT ITEM # 61248 (Continued) Element 2 - No More Than Necessary "No more private property may be taken than necessary to achieve the stated public use. " Restatement of existing law Va. Code ~ 1-219.1 (Limitations on Eminent Domain) ElenZent 3 encompasses one of the main Plus • "dames to the residue beyond the enhancement in value" 17azna~;es <zre offset 1n ant enhanced value brozzght by the project Total just comp.: $65,000 Element 3: Proposed Amendment Redefines "Just Compensation": "Just compensation shall be no less than the value of the property taken, last~rofits rued last access, and damactes to the residue caz~sed bar the tcIk212C1." • Adds lost profits ~:; Separate tiairi damages to residue • Adds lost access fiepara~te frown d:zizaag<~~; Lo residue • Import of "shall be no less than" is unclear. Enhanceinentis not n~ienticxized. Might be interpreted to reuzoee; the provision that damages sh~dl be offset by enhancement to tlzt: residue. September 27, 2011 Take Area value: $65,000 Damages Claimed: $i2o,oo0 Enhancement : $20.000 -30- CITY MANAGER `SBRIEFING PROPOSED EMINENT DOMAIN CONSTITUTIONAL AMENDMENT ITEM # 61248 (Continued) Amendment Changes Law to Allow (and Require) Payment of Lost Profits Current law• ~ I ,Proposed ('.onstitutional ._ _ __._._...._ __~_..__ ', ~-Amendment. • Lost profits are not com~ensable in eminent domain cases Courts ]ltl~~c follrld that they require '`speculation anti ccanjecture'." 1'rOflts 111aY OI]~Y he CC7I1`ild('reC~ 111 C~etf.'1'I111n1114:; the market v,:llrle of tilt: i>ropcrtti-. Hunter's Admin. u. Chesapeake & Ohio Rwy. Co., lob Va. i58 (a,9o~). Lost profits would be: iecuierKzble, and = rEquired to k>e paid ("no less than...') • Lost profits might not be offset by enhanced property value caused by the project no less than...lo~,t profits"-- c ~hect argume+nt th.zt utfscttrng woult~l be unconstitutional. Separatelti~ lists lost pre}E'its from damages to rz:sidue • llamages can be offset under current law, but value cannot. (~ a. Codc Example: Lost Profits Princess Anne Road - Kempsville Road Numerous businesses were touched by the project Offices Kestau rants Rt~tail 1z~to ::ales These two restaurants were total takes acquired for full market value: i,arzd value + Improvements value Under proposed amendment, payment for commercial acquisitions would be: Full value for land + Ftd1 value for improvements+ Lost p,~~i.fits_...=.-.._._.._....-_----._._....._...._ N[t7RF. "ClI:1:V 1VIA12FF: C b'At.UH: September 27, 2011 -31 - CITY MANAGER `SBRIEFING PROPOSED EMINENT DOMAIN CONSTITUTIONAL AMENDMENT ITEM # 61248 (Continued) Lost Profits: Effect of Constitutional Amendment Llkely increase in: I rti~ss,,akunt - spccl.llaiirc 1tzlttu•e c,>f lost profits would lt.quire litigation to t t esol~ t eiainls • Pt<•tctical problem: liow does City, make an offer OIl anticipated lost profits or determine ~~'hich businesses wtll softer them? • T)efinition of lost profits is uncertain: duration of ati~-ard, actual or predicted, elements needed to prove k>ss in court (causation may be uncertaln in a down economy), and can they be offset? 't' C)ve;rall cost of 1)ro,je<ts .- atltis 1nc~w'ind sigiufit;ant t`1r~rllcrlt of compensation that tvouId he cl limed in most tcquisltions of a1I or pal-t tst contrnt:~rcirtl pr•operti~~s. • Project Design Choices: Project designers would have a monetary incentive to disproportionately affect/displace residential homeowners - to avoid costs of affecting commercial properties. Likely decrease in: I2clad iuipr<)vcmell projects, due to cost. Lost Access: Amendment May Create New Property Right in Maintaining Existing Access Proposed Constitutiolxal . Current common law: alneladment ~ • Property owners have an easement in the road Yr<)te~tcd ~rop~ih right~nrn.iiutaining; rt~ason xb~c aca ss" to the a propartc • In eminent domain, owners may not recover damages from changes to access, so long as "reasonable access" is maintained. • The private right of access is subordinate to the rights of the state and cities to exercise their police power to control the flow of traffic. The "reduction or limitation of direct access in the exercise ofpolice powers to regulate traffic, as distinguishedfrom acomplete extinguishment and termination of all the landowners right of direct access, generally is no[ eompensa6le." State Hwy. & Transp. Comm'r v. Lindy, 22g Va. 437 (1982). Allows compensation for "lost access." Appears to expand the easement from a right to reasonable access to a right to the status quo of the flow of traffic. • No stated exception for exercise of police powers (promote safety) --- Subordinates the police power to the property owner's right to maintain all current access. General Assembly to define "lost access" N'~pexa definition willincluctt tlxuwcs to uu:xlians, driveways, traffic Stbnals, number and direction of travel lanes {oue-w<xy), the<angh-sh'ccts... . ~~ ..no lessthan...lost access" ar};uxxxent cxiststlxatoffsctting waulil6e unennstihxtio~tal. Listed sel'raratety frarn damages to residue, titihich can be offset under cnrrent luw~, trot valve cannot. (Va. Code September 27, 2011 -32- CITY MANAGER `SBRIEFING PROPOSED EMINENT DOMAIN CONSTITUTIONAL AMENDMENT ITEM # 61248 (Continued) Lost Access Claims Previously Addressed by the Virginia Supreme Court as Not Comeensable: Installation of a median stria in front of a commercial property. Itic7l~u~a~~ Corr>>r~)~ r,. HOLUC71"d, zr ; V<i. j;;t f tg?:;;)- "Circnity of access unposed upon the [property otinerj was an incidental, npo- coin ~ensable ineonvemence caused by the lawful exercise of the f?olice power to r~u~ate traffic." • Installation of curbin ,leaving 2 openings of 50' and 30', on a commercial property on Route 58. Higltti-~i}/ t:'unxn~~r r~. Is'asle~y, 2r,-> Va. ~t9) (~9i~1)• • Restricting parking on a street abutting landowner's property was a valid exercise of City's police powers. 7bz~ux r~J Lees!>urfl t'. 7ut~c~nrter icib thr. S<> (19;14)• Lando~lnc°r clamreci his patronh ~4E.rc: ir~r<>uvenienced by }~ xrkiirg signs limiting' parking to certain areas of tlae street. • Removal of one of a service station's two driveways --because a driveway at that location would be a menace to the safety of the traveling public- was within the police power of the City. i1'ood r . ('ih~ nJ liirhn~x7re~f, X48 i'a. ~.oc> l ~<?.'-7). i'erzn~t far t3ri~ctiti~,ty w<rn issnmd titiill~iout csmsiderriticur of tht~ extent crf traffi~~ anc'i later revoked. Examples of Changes in Access in Recent Projects: Lynnhaven Parkway Project from Holland Road to Lishelle Place ~. ~~~ :. ;, ta ~sta.+c~~s~ ~ P ~ ~ m , ... ~ ~ .: ~ ~'~ ~ ~ ~ °~ . .r _.. t ~: ~ , ~ j I __ ._„ n ~~ ~; ;' • ~ ~ .. i ~ s. ~~~r Project features: • Widened Lynnhaven Parkway from four lanes to six lanes • Added median • Closed direct access to residential streets September 27, 2011 -33- CITY MANAGER `SBRIEFING PROPOSED EMINENT DOMAIN CONSTITUTIONAL AMENDMENT ITEM # 61248 (Continued) Examples of Changes in Access in City Projects: Laskin Road Gateway Phase 1A, Phase 4 (32"~ Street connector) Median Closure: Lynnhaven Parkway between Princess Anne Road and Independence Boulevard (Parkway Shopping Center) Median was closed due to unsafe conditions. Studies revealed an average of 26 crashes per year by vehicles entering or exiting this shopping center. September 27, 2011 Before Median Closure -34- CITY MANAGER `SBRIEFING PROPOSED EMINENT DOMAIN CONSTITUTIONAL AMENDMENT ITEM # 61248 (Continued) Median Closure: Lynnhaven Parkway between Princess Anne Road and Independence Boulevard Median closure at the midblock location saw a reduction in crashes by 96 Acquisition costs: $o No property or easements were acquired -safety change was made entirely within the existing right-of-way. Shopping center and 4 outparcels saw change in access. Expect to see new costs from other municipal actions: Light Rail: To extent it affects access to properties Temporary or permanent street closures: e.Q., 19th Street Corridor Study; road work September 27, 2011 After Median Closure ~,~~~'~~ ~ ~ ~ Traffic calming projects: ~'°""~~° ~~ ~ Such as Old Beach Village -35- CITY MANAGER `SBRIEFING PROPOSED EMINENT DOMAIN CONSTITUTIONAL AMENDMENT ITEM # 61248 (Continued) Lost Access: Effect of Constitutional Amendment • Access changes similar to those in the previous cases would now be compensable mcdit~ms, parking regulations in fi°ont t>f ~t pr~>pc~rt5°, added rurhs, changes to driveways, etc.... Likely increase in the cost of road projects, due to increases in: Nu~nher oI p trc.e.ls effected an each praject. Inverse condc,rnnahan casc.5, due to difficulty of identifying parcels with "loss of access." Litigation regarding quantifying fhe value of the lost access. • Npt included as an element of damage to value. ~~ Lr,~st profits claims tied to thkr last ic.cess. Likely increase in other litigation not related to projects. Expect inverse condemnation cases (claiming regulatory takings) relating to zoning restrictions or other changes in access. Likely decrease in safety projects within right-of-way, due to increased cost. Summary of Effects of Propose • Probably creates a new proper ~ right in maintaining existing access. • Changes loo-year-old common law: loss of access would now be compensable. » Creates a new category of compensation: Lost profits. • Significantly increases the anticipated cost of projects. • Available funding for anticipated loss of access and lost profits claims will determine whether safety improvements can be made. • In designing new road projects, engineers will have to weigh needed safety measures against cost of threatened access or lost profits claims. • Shifts burden of proof on public use. September 27, 2011 Constitutional Amendment -36- CITY MANAGER `SBRIEFING PROPOSED EMINENT DOMAIN CONSTITUTIONAL AMENDMENT ITEM # 61248 (Continued) 'l ~~. ~,~ . ~~.,: ,. ~ a w. ,v~ ~~ -~ ~3.~i`~.3,.n: y3,33. .ya.33. 'V'33 Ee.x:., :.,, Qnce Constitutional Amendment is Enacted, Reversal to Current Law May Not be Possible • These new provisions have not been tested by statute '~I'herc maybe unf{~i=eseen impacts to the budget and to the number and type of projects affected. • Makes these new rights "constitutional rights" ~, Crivc~n much deference by the courts. ® Amendment will be difficult to reverse Cor,.stitlztio~~al anaenclments must be passed in two consecutive yrea:rs {exact same ~tirordir3g) by a majority of both houses of the General Assernl~ly and. then voted or> by public refez•endum. ~ Q.,~ ~..* ._.~..ao_ w....~~.va e ~ m;~ ..s . ",``a mA ,w,w ~.~~ ,~ 3~ , smw . Status of Proposed Constitutional Amendment: First Consideration by General Assembly: Complete. Agreed to by majority of both houses of the General Assembly in February zou q ' General tion b id d C S " " y era ons econ '` '~ m,,.~.3.s.~.~". ~ Assembly: 2oi2 ~ a_ ~'° Will come back before the General s . ,~~ ~~ Assembly in zotz session for consideration °; " ~ ~ ;, ` ~;",; ~ , • Must be passed by a majority of „ . , , '~ both houses in exact wording w~ r'd:~ ° i+ 3 n+.~af i s" .s k ' ' ~ ' ' , _ "" '"""" Referendum: If passes General Assembly in 2otz, will go to public referendum in November 2ot2 U~St1t~~iS? September 27, 2011 -37- AGENDA REVIEW SESSION 5:35 P.M. ITEM # 61249 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTION Ordinances to AMEND the City Code: a. ~2-6 re the Resort Advisory Commission to REMOVE the "sunset" provision b. ~2-108 re probation period of employment for Firefighters c. ,¢2-224.1 to 2-224.8 to enact an Enhancement Program for small businesses including minority, service disabled veteran and woman-owned businesses 2. Resolution to MOVE the November 8, 2011, regular meeting of City Council to November 1, 2011, to allow citizens to vote in the November 8, 2011, General Election 3. Ordinance re a Cooperative Agreement between City Council and the School Board re legal services to be provided to the School Board and School Administration by the Off ce of the City Attorney in FY 2012 and A UTHORIZE the Mayor to EXECUTE the Cooperative Agreement 4. Ordinance to A UTHORIZE the City Manager to EXECUTE a Lease between the City and Richmond 20MHz, d/b/a/ NTelos Wireless re wireless telecommunications at 2061 Chicory Street S. Ordinance to ACCEPT a donation from the Hampton Roads Planning District Commission (HRPDC) of a Shelter Support Unit to provide supplies and equipment for the Medically Friendly Shelter Program and AUTHORIZE the City Manager to EXECUTE an Agreement with the HRPDC 6. Ordinance to APPROPRIATE $660, 000 from the Federal Emergency Management Administration (FEMA) to the Fire Department for mobilization and related activities of the Virginia Task Force Two Urban Search and Rescue Team (FEMA) re an earthquake, Hurricane Irene flooding and a readiness exercise 7. Ordinance to APPROPRLATE $550, 000 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the Convention and Visitors Bureau re advertising and marketing related activities 8. Ordinances to ACCEPT and APPROPRIATE a Grant from the United States Department of Transportation National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles (DMV) and APPROPRIATE funds from the Fund Balance of the DEA Seized Property Special Revenue Fund to the Police Department re police officer overtime and equipment: a. $65, 680 for enforcement of seat belt laws with $13,136 local grant match b. $54,420 for enforcement of DUI laws with $10,884 local grant match September 27, 2011 -38- AGENDA REVIEW SESSION ITEM # 61249 (Continued) 9. Ordinance to TRANSFER a $338, 651 Grant within the Energy Efficiency and Conservation Block Grant re hybrid vehicle purchases (delta), HVAC assessments, solar study of the Convention Center, reimbursement for increased staff time performing energy conservation activities, training, energy software and office supplies Councilman Prescott Sherrod shall ABSTAIN on Item K6, 7 and 8a/b of the CONSENT AGENDA September 27, 2011 -39- AGENDA REVIEW SESSION ITEM # 61250 BY CONSENSUS, the following shall compose the PLANNING BY ONSENT AGENDA: L. 1. Variance to ,¢4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for BAYMARK CONSTRUCTION CORPORATION and VANESSA BOWSER-BRICKHOUSE at Riddick Lane and Indian River Road to comply with minimum lot requirements. DISTRICT 7 -PRINCESS ANNE 2. Application of REAL LIFE CHURCH/CHURCH of GOD of PROPHECYfor the Mod cation of a Conditional Use Permit (approved by City Council on August 15, 1998) to allow two (2) temporary structures on site at 4877 Princess Anne Road. DISTRICT 2 - KEMPSVILLE 3. Application of TARGET HITTERS, LLC/CHARLES and DONNA MCDANIEL for a Conditional Use Permit re a home occupation (online gun sales) at 3425 Glen Arden Road. DISTRICT 2 - KEMPSVILLE 4. Application of GREENRUNLITTLE LEAGUE, INC. for a Conditional Use Permit re a recreational facility of an outdoor nature at 4141 and 4153 Dam Neck Road. DISTRICT 7 -PRINCESS ANNE 5. Application ofMcDONALD DEVELOPMENT CO./BARBARA CREECH, TRUSTEE ojthe ALFRED T. CREECH IRROVACABLE TRUST for a Change of Zoning District Classi rcation from AG-I Agriculture and AG-2 Agriculture to Conditional I-1 Industrial District at Harpers Road and Oceana Boulevard. DISTRICT 6 -BEACH Item L.S. (Application of McDONALD DEVELOPMENT CO./BARBARA CREECH, TRUSTEE of the ALFRED T. CREECH IRROVACABLE TRUST for a Change of Zoning District Classification) shall be DEFERRED INDEFINITELY, BY CONSENT as per request of the applicant. September 27, 2011 -40- ITEM # 61251 Vice Mayor Louis R. Jones, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(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: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PROSPECTIVE BUSINESS OR INDUSTRY.• Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2-37I1(A)(S) Beach District PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose, 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: Beach District Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:37 P.M. September 27, 2011 -41- ITEM # 61251 (Continued) Voting 8-0 Council Members Present: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr, Glenn R. Davis John E. Uhrin (Closed Session: [Out of the City -TowneBank business) [Traveling out of the Country -returning September 28, 2011) [Family Vacation) (5:37 P.M. - S: 59 P.M.) September 27, 2011 -42- FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL September 27, 2011 6:00 P.M. Vice Mayor Louis R. Jones, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, September 27, 2011 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, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Absent.' Mayor William D. Sessoms, Jr Glenn R. Davis [Out of the City -TowneBank business) [Traveling out of the Country -returning September 28, 2011) John E. Uhrin INVOCATION.' Rabbi David Barnett Temple Emanuel [Family Vacation) PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. September 27, 2011 -43- 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 identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. 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 pug pose of ident~ing 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.Ianuary 27, 2004, is hereby made a part of the record. September 27, 2011 -44- Item - V-E.1 CERTIFICATION ITEM # 61252 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting reguirements 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: 8-0 Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 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 #61251, Page 40, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irginia 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. th Hodges Fraser, MMC City Clerk September 27, 201 l -45- Item - V-F.l MINUTES ITEM # 61253 Upon motion by Councilman Dyer, seconded by Councilman Diezel, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSIONS of September 6, 2011, and INFORMAL and FORMAL SESSIONS of September 13, 2011. Voting: 7-0 Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, and Rosemary Wilson Council Members Voting Nay.• None Council Members Abstaining: James L. Wood Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin Councilman James L. Wood ABSTAINED re the Minutes of September 6 and September 13, 2011, as he was out of the Country on vacation. September 27, 2011 -46- Item - V-F.1 MINUTES ITEM # 61254 Vice Mayor Jones RECOGNIZED the FOLLOWING Boy Scout: Hunter Voltz Troop 493 Sponsored by Wycliffe Presbyterian Church September 27, 2011 -47- Item - V-G.l ITEM # 61255 GREEN RIBBON 2011 VIRGINIA BEACH STEWARDSHIP A WARDS Clay Bernick, Administrator -Environment and Sustainability Office, introduced the recipients: Residential Award Second Place Carson and Judy Entrekin Residence, Charlestown Lakes South Neighborhood Southern Watershed Winners Residential Award Second Place (tie) Alice Twining Residence Lake James Neighborhood Chesapeake Bay Watershed Winners Residential Award Second Place (tie) Johanna Culver Residence Chesapeake Bay Watershed Winners Residential Award First Place Jim and Mary Kincaid Residence Southern Watershed Winners Residential Award First Place Ruth Burch Chesapeake Bay Watershed Winner Residential Award First Place Gary Smith (absent, son -Crew Smith in attendance) Owl Creek/Atlantic Watershed Winners September 27, 2011 -48- Item - V-G.l ITEM # 61255 (Continued) Non-Residential Awards Business/Non-Profit Cate~ory Chesapeake Bay Watershed Winner: Lynnhaven River NOW Southern Watershed Winner: Virginia Beach Society for the Prevention of Cruelty to Animals Youth Grout/ Cate~ory Chesapeake Bay Watershed Winner: Plaza Middle School Southern Watershed Winner: Creeds Elementary School Club/Association CateQOry Chesapeake Bay Watershed Winner: Chesapeake Beach Civic League Southern Watershed Winner: Council of Garden Clubs of Virginia Beach Landscape/Green Industry CateQOry Chesapeake Bay Watershed Winners: Virginia Tech/Hampton Roads Agricultural Research and Extension Center A special certificate was presented to Karen Renda on behalf of the Virginia Beach Master Gardeners' Association September 27, 2011 -49- Item V-H.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 61256 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 27, 2011 -50- Item i!H.l.a. PUBLIC HEARING ITEM # 61257 Vice Mayor Jones DECLARED A PUBLIC HEARING: LEASES OF CITY-OWNED PROPERTY a. 2061 Chicory Street There being no speakers, Vice Mayor Jones DECLARED THE PUBLIC HEARING CLOSED. September 27, 2011 - Sl - Item i!I.l.b. PUBLIC HEARING ITEM # 61258 Vice Mayor Jones DECLARED a PUBLICHEARING: LEASES OF CITY-OWNED PROPERTY b. 4153 Dam Neck Road There being no speakers, Vice Mayor Jones DECLARED THE PUBLIC HEARING CLOSED. September 27, 2011 -52- Item i!K. ORDINANCES/RESOLUTIONS ITEM # 61259 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION, Items 1 a/b/c, 2, 3, 4, S, 6, 7, 8a%b and 9 of the CONSENT AGENDA. Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod *, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin Councilman Prescott Sherrod * VERBALLYABSTAINED on Items 6, 7 and 8a/b. (These items require vote of elected Council Members. Councilman Sherrod is currently an Appointee.) September 27, 2011 -53- Item V.K.l.a/b/c ORDINANCES/RESOLUTIONS ITEM # 61260 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinances to AMEND the City Code: a. ~2-6 re the Resort Advisory Commission to REMOVE the "sunset "provision b. ~2-108 re probation period of employment for Firefighters c. ~'2-224.1 to 2-224.8 to enact an Enhancement Program for small businesses including minority, service disabled veteran and woman-owned businesses Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 1 AN ORDINANCE TO AMEND SECTION 2-6 2 OF THE CITY CODE PERTAINING TO THE 3 RESORT ADVISORY COMMISSION 4 5 SECTION AMENDED: § 2-6 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-6 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 2-6. -Resort advisory commission. 13 (a) There is hereby created the resort advisory commission. The members of the 14 commission shall be appointed by the city council to serve terms of three (3) years. A 15 chair and avice-chair shall be elected from the commission by its members. All 16 members shall be residents of the city. 17 (b) The governance and administration of the commission shall be in accordance 18 with its bylaws, incorporated by reference herein, which bylaws shall not be amended 19 without the prior approval of city council. 20 (c) The commission shall consist of at least eleven (11), but not more than; 21 nineteen (19)1 members. In selecting members of the commission, the city council shall 22 appoint at least one (1) representative from each of the following organizations: Virginia 23 Beach Hotel/Motel Association, Virginia Beach Restaurant Association, °°c^~* °o+^;~^r~ 24 Assesiafie~ Virginia Beach Division of the Hampton Roads Chamber of Commerce, 25 and Virginia Beach Council of Civic Organizations. The commission shall also include a 26 resort retailer. The city council shall also appoint to the commission at least three (3) 27 design professionals having expertise in the fields of architecture, urban design, land 28 use planning, landscape architecture, transportation planning, or other design fields 29 relevant to the purposes for which the commission was created. 30 In the event of a conflict between the provisions of this subsection and any other 31 ordinance or bylaw, the provisions of this subsection shall control. 32 33 ' 34 35 '~2AA4: Adopted by the City Council of the City of Virginia Beach, Virginia, on this 27th day Of Sep mb r , 2011. APPROVED AS TO CONTENT: Strate is Growth Ar O ice CA 12028 R-2 September 1, 2011 APPROVED AS TO LEGAL SUFFICIENCY: ~~ c~~ City Attorney's Offic 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO AMEND SECTION 2-108 OF THE CITY CODE PERTAINING TO PROBATION PERIOD OF EMPLOYMENT SECTION AMENDED: § 2-108 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-108 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 12 Sec. 2-108. -Probation period of employment. 13 14 15 16 17 18 19 20 21 22 The probation period for employees other than sworn, non-certified police and fire personnel shall be defined as the initial twelve (12) calendar months of employment following an original employment or re-employment. The probation period for sworn, non-certified police and fire personnel shall be fifteen (15) calendar months of employment following an original employment or re-employment. However, the probation period for all probation employees shall be extended one (1) pay period for every fifteen (15) consecutive calendar days a probation employee is on injury leave, suspension, leave without pay, or sick leave status. Any salary change which may occur upon completion of the probation period shall not become effective until the first day of the pay period following such completion. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2~h day Of spz tPmhPr , 2011. APPROVED AS TO CONTENT ~~ Fire Departmenf APPROVED AS TO LEGAL SUFFICIENCY: h~ City Atto ney's Office CA12035 R-1 September 8, 2011 REQUESTED BY COUNCILMEMBERS DAVIS AND DYER 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 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO AMEND CITY CODE SECTIONS 2-224.1 TO 2-224.8 TO ENACT AN ENHANCEMENT PROGRAM FOR SMALL BUSINESSES, INCLUDING MINORITY, SERVICE DISABLED VETERAN AND WOMAN-OWNED BUSINESSES SECTIONS AMENDED: §§ 2-224.1 to 2-224.8 WHEREAS, in 1995, in furtherance of the City Council's commitment to the City's established policy of equal opportunity and nondiscrimination in City procurement, City Council enacted City Code provisions to help ensure that small, minority-owned, and woman-owned ("SWaM") businesses are made aware of City contracting opportunities and are encouraged to compete for City contracts; WHEREAS, also in 1995, City Council created the region's first and, with the possible exception of Hampton, only Minority Business Council ("MBC") to (1) advise City Council and the City Manager on policy issues including the City's efforts to encourage the participation of minority-owned businesses and small and woman-owned businesses; (2) conduct educational and training programs to promote the involvement of such businesses in City procurements; (3) serve as a forum for the development of awareness of such businesses in City procurements; and (4) provide annual reports to City Council on the City's progress in achieving greater participation of such businesses in City contracts; WHEREAS, since that time, the volunteer members of the MBC have worked vigilantly and tirelessly with City staff to develop and implement a variety of initiatives to increase minority participation in City procurement, with positive results; WHEREAS, among the many additional initiatives implemented by the City since 1995 are: • City Council's establishment of a 10% goal for minority participation in City contracts; • Debundling of City contracts to better enable SWaM businesses to compete for City contracts; • Access for City procurement officials and those with delegated procurement authority to a comprehensive database of SWaM businesses and the types of goods or services that each business provides; • City Council's addition of service disabled veteran businesses to the City's above-referenced SWaM enhancement efforts; 1 45 City Council's enactment of a required Woman, Service Disabled 46 Veteran and Minority Participation Plan for all City contracts in 47 excess of $50,000 to encourage prime contractors to solicit and 48 award subcontracts to SWaM and service disabled veteran 49 businesses; 50 Implementation of a City Administrative Directive to require 51 solicitations of SWaM and service disabled veteran businesses in 52 small procurements of less than $50,000; 53 Implementation of a Contractor's Assistance Program to help 54 SWaM businesses with start up costs and early material 55 purchases; 56 Entry into a Memorandum of Understanding with 57 Virginia's Department of Minority Business Enterprises ("DMBE"), 58 as well as development of a productive and mutually beneficial 59 working relationship with DMBE; 60 City Council's creation and funding of a Minority Business 61 Coordinator position, a SWaM Business Development Manager, 62 and, most recently, a Title VI Civil Rights Compliance position; 63 Recent efforts to further the City's SWaM and service disabled 64 veteran business participation in subcontracts by providing prime 65 contractors in all Requests for Proposals and Invitations for Bids 66 with information regarding City Council's 10% minority participation 67 goal and a list of examples of good faith efforts that prime 68 contractors could undertake both in support of that goal and in 69 fulfillment of the City's requirements for Woman, Service Disabled 70 Veteran and Minority Participation Plans; 71 City Council's adoption of a program to reduce barriers to 72 participation by allowing prequalification in lieu of bonding for 73 contracts between $100,000 and $500,000. 74 75 WHEREAS, although significant progress has been made in furtherance 76 of City Council's 10% participation goal, more improvement is needed, especially 77 in the area of construction contracting; 78 79 WHEREAS, the Virginia Code provides authority for the City to enact a 80 small business enhancement program; 81 82 WHEREAS, a small business enhancement program would enhance small 83 businesses including minority, woman, and service disabled veteran owned 84 businesses, and also likely would be beneficial to locally owned businesses. 85 86 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 87 OF VIRGINIA BEACH, VIRGINIA: 88 2 89 1. That the City Council finds there is a rational basis to enhance the 90 participation of DMBE-certified small businesses, including woman and minority- 91 owned businesses, in City procurement processes; and 92 93 2. That the City Council endorses the re-titling and changes to 94 Administrative Directive 6.09, "DMBE-certified Small Business, including Woman 95 and Minority-owned businesses, Small Purchase Procedures" as set forth in the 96 attached Directive; and 97 98 3. That in furtherance of the above-stated desire and intent of the City 99 Council, the following sections of the Code of the City of Virginia Beach shall be 100 amended and re-ordained as follows: 101 102 Chapter 6. ADMINISTRATION 103 104 ARTICLE VI. FINANCE 105 .... 106 107 108 Section 2-224.1 -Definitions. 109 110 For purposes of this subsection, the following words shall have the meanings 111 ascribed to them in this section: 112 113 DMBE-certified small business means a small business that has been certified by 114 the Virginia Department of Minority Business Enterprises. 115 116 Good-faith Minority-owned, Service Disabled Veteran-owned and Woman-owned 117 Business Participation Efforts: The sum total of efforts by a particular business to 118 provide for the equitable participation of minority, service disabled veteran and 119 woman employees and subcontractors in the operations and contracts of such 120 business. 121 122 (1) For past efforts, this sum total shall be comprised of the record of 123 minority, service disabled veteran and woman participation over the 124 past two (2) years through employment, retention, and promotion; 125 subcontracting or joint ventures in the private sector; or a combination 126 thereof. 127 (2) In connection with the performance of a particular city contract, "good 128 faith efforts" shall mean those measures which are proposed to allow 129 equitable participation of minority, service disabled veteran and woman 130 employees and subcontractors. 131 132 Minority, Service Disabled Veteran and Woman Contractors Bid List: A list of 133 contractors who have completed and filed with the purchasing agent the city's 134 bidder application indicating that their firm is aminority-owned, service disabled 3 135 veteran or woman-owned business. The purchasing agent shall maintain the list 136 and shall organize the list by category of business. Such list shall be provided, 137 upon request, in its entirety or by relevant category, to any interested party. The 138 list shall not be deemed to constitute an endorsement of the qualifications of any 139 business included on the list. 140 141 Minority-owned Business: A business or other entity that is at least fifty-one (51) 142 percent owned and controlled by one (1) or more socially and economically 143 disadvantaged person(s). For purposes of this definition, the term "control" shall 144 mean exercising the power to make policy decisions and being actively involved 145 in day-to-day management. Such disadvantage may arise from cultural, racial, 146 chronic economic circumstance or background, or other similar cause. Such 147 persons include, but are not limited to, Black Americans, Hispanic Americans, 148 Asian Americans, Eskimos, and Aleuts. 149 150 Service disabled veteran: means a veteran who (i) served on active duty in the 151 United States military ground, naval, or air service, (ii) was discharged or 152 released under conditions other than dishonorable, and (iii) has aservice- 153 connected disability rating fixed by the United States Department of Veterans 154 Affairs. 155 156 Service disabled veteran business: means a business concern that is at least 157 51 % owned by one or more service disabled veterans or, in the case of a 158 corporation, partnership, or limited liability company or other entity, at least 51 159 of the equity ownership interest in the corporation, partnership, or limited liability 160 company or other entity is owned by one or more individuals who are service 161 disabled veterans and both the management and daily business operations are 162 controlled by one or more individuals who are service disabled veterans. 163 164 Small business means a business, independently owned and controlled by one 165 or more individuals who are U.S. citizens or legal resident aliens, and together 166 with affiliates, has 250 or fewer employees, or annual gross receipts of $10 167 million or less averaged over the previous three years. One or more of the 168 individual owners shall control both the management and daily business 169 operations of the small business. 170 171 DMBE-certified Small Business, including Woman, Service Disabled Veteran and 172 Minority-owned businesses, Subcontracting Participation Plan: A plan detailing, 173 at a minimum: Whether the contractor intends to utilize any subcontractors; what, 174 if any, DMBE-certified small business, including woman-owned, service disabled 175 veteran-owned and minority-owned1 subcontractors the contractor intends to 176 utilize; the work to be performed by each DMBE-certified small business, 177 including woman-owned, service disabled veteran-owned and minority-owned 178 subcontractor; the anticipated amount or percentage to be paid to each DMBE- 179 certified small business, including woman-owned, service disabled veteran- 180 owned and minority-owned subcontractor; the composition of the contractor's 4 181 workforce, specifically indicating the percentage of woman, service disabled 182 veteran and minority employees in their company; the percentage of woman, 183 service disabled veteran and minorities in management positions, supervisory 184 positions, professional positions, and nonprofessional positions; what steps the 185 contractor has taken to solicit subcontracting bids from DMBE-certified small 186 businesses, including woman-owned, service disabled veteran-owned and 187 minority-owned subcontractors; which DMBE-certified small businesses, 188 including woman-owned, service disabled veteran-owned and minority-owned 189 businesses the contractor has solicited; if the contractor has elected not to utilize 190 a DMBE-certified small business, including woman-owned, service disabled 191 veteran-owned or minority-owned1 subcontractor, an explanation of the decision; 192 and any additional Good-faith Minority-owned, Service Disabled Veteran-owned 193 and Woman-owned Business Participation Efforts the contractor intends to make 194 in connection with the contract. 195 196 Woman-owned Business: A business or other entity that is at least fifty-one (51) 197 percent owned and controlled by a woman or women. For purposes of this 198 definition, the term "control" shall mean exercising the power to make policy 199 decisions and being actively involved in day-to-day management. 200 201 Section 2-224.2. -Reserved. 202 203 Section 2-224.3. -DMBE-certified small business, including woman and 204 Mminority-owned business opportunities -Construction contracts; bid 205 requirements. 206 207 (a) Notice of every invitation to bid on city construction contracts in excess of 208 fifty thousand dollars ($50,000.00) shall be provided to each business 209 included in the relevant category of the Minority, Service Disabled Veteran 210 and Woman Contractors Bid List. In addition, the purchasing agent shall 211 also forward such notices, upon request, to any minority organization or 212 other interested party. Notice of the solicitation shall be provided to all 213 DMBE-certified small businesses in the relevant industry sector located 214 within 50 miles of the city. 215 (b) If a pre-bid meeting is held, the purchasing agent or designee shall 216 provide prospective contractors with direction regarding the resources for 217 locating DMBE-certified small businesses offered by the Virginia 218 Department of Minority Business Enterprises. 219 {-~}~Every bid submitted in response to an invitation to bid on a city 220 construction contract in excess of fifty thousand dollars ($50,000.00) shall 221 be required to contain a proposed DMBE-certified Small Business, 222 including Woman, Service Disabled Veteran and Minority-owned 223 Businesses, Subcontracting Participation Plan. The successful contractor 224 shall update his DMBE-certified Small Business, including Woman, 225 Service Disabled Veteran and Minority-owned Businesses, Subcontracting 226 Participation Plan prior to the execution of the contract with the City. The 5 227 final DMBE-certified Small Business, including Woman, Service Disabled 228 Veteran and Minority-owned Businesses, Subcontracting Participation 229 Plan shall become a part of the contract with the city. 230 {~} ,~ The purchasing agent shall provide, upon request, to all prospective 231 prime construction contractors, a list of all businesses included in the 232 relevant categories of the Minority, Service Disabled Veteran and Woman 233 Contractors Bid List; provided, however, that the list shall not be deemed 234 to include all available minority-owned or woman-owned subcontractors, 235 nor shall it be deemed to constitute an endorsement of the qualifications of 236 any subcontractor included on the list. 237 238 Section 2-224.4. -Same-Contracts for provision of goods and services. 239 240 Solicitations for contracts of more than fifty thousand dollars ($50,000.00) shall 241 include at least three (3) DMBE-certified small businesses, including Minority- 242 owned Businesses, Service Disabled Veteran-owned Businesses or Woman- 243 owned Businesses that are included on the list maintained pursuant to section 2- 244 224.1 and are in the business of supplying goods or services of the kind to be 245 procured, unless the list contains less than three (3) DMBE-certified small 246 businesses, including Minority-owned Businesses, Service Disabled Veteran- 247 owned Businesses and Woman-owned Businesses which are in the business of 248 supplying goods or services of the kind to be procured. In addition, the 249 purchasing agent shall forward such solicitations, upon request, to any minority 250 organization or other interested 251 252 Section 2-224.5. Same -Procurement of professional and other than 253 professional services by competitive negotiation. 254 255 (a) Notice of every request for proposals ("RFP") shall be provided to each 256 business included in the relevant category of the Minority, Service 257 Disabled Veteran and Woman Contractors Bid List. In addition, the 258 purchasing agent shall also forward such notices, upon request, to any 259 minority organization or other interested party. Notice of the solicitation 260 shall be provided to all DMBE-certified small businesses in the relevant 261 industry sector located within 50 miles of the city. 262 (b) If a pre-bid meeting is held, the purchasing agent or designee shall 263 provide prospective contractors with direction regarding the resources for 264 locating DMBE-certified small businesses offered by the Virginia 265 Department of Minority Business Enterprises. 266 {#}~Every proposal submitted in response to a RFP shall be required to 267 contain a proposed DMBE-certified Small Business, including Woman, 268 Service Disabled Veteran and Minority-owned Businesses, Subcontracting 269 Participation Plan. The successful contractor shall update his DMBE- 270 certified Small Business, including Woman, Service Disabled Veteran and 271 Minority-owned Businesses, Subcontracting Participation Plan prior to the 272 execution of the contract with the City. The final DMBE-certified Small 6 273 Business, including Woman, Service Disabled Veteran and Minority- 274 owned Businesses, Subcontracting Participation Plan shall become a part 275 of the contract with the City. 276 {~} ~ Compliance with the provisions of section 2-224.2, "Employment 277 discrimination by contractor prohibited," shall be considered in the RFP 278 evaluation and contractor selection process. 279 280 Section 2-224.6. Responsible and responsive bidder; qualified offeror. 281 282 ~ The provisions of this subdivision shall be used as criteria in determining 283 whether a bidder is deemed to be responsible and responsive, or whether 284 an offeror is deemed to be fully qualified, and no contract shall be 285 awarded to a bidder or offeror who has not complied with the provisions 286 herein. Failure to submit a proposed DMBE-certified Small Business, 287 including Woman, Service Disabled Veteran and Minority-owned 288 Businesses, Subcontracting Participation Plan with a bid or proposal shall 289 result in the bid or proposal being declared nonresponsive 290 fib) For contracts with a value exceeding $50,000 where the contractor 291 intends to utilize subcontractors the DMBE-certified Small Business 292 including Woman, Service Disabled Veteran and Minority-owned 293 Businesses, Subcontracting Participation Plan required by this section 294 must either: ~i) provide for at least 50% of the value of the subcontracted 295 work to be provided by aDMBE-certified small business; or (ii) provide 296 documentation showing, with specificity, the efforts undertaken by the 297 prospective contractor to meet the 50% usage requirement. 298 ~ If a subcontracting plan does not meet the requirements of subsection b, 299 the entire bid or proposal shall be declared nonresponsive to the 300 solicitation. 301 302 Section 2-224.7. -Public inspection of records. 303 304 In accordance with the Virginia Freedom of Information Act, a bidder's or 305 contractor's Woman, Service Disabled Veteran and Minority Participation Plan 306 shall be open to public inspection. 307 308 Section 2-224.8 -Penalties. 309 310 ~ Any bidder or contractor that intentionally makes a material 311 misrepresentation in connection with any of the information required by 312 subdivision shall be debarred from contracting with the city for a period of 313 two (2) years from the date of notification of such debarment. 314 ~ Prior to final payment, each contractor shall submit a report documenting 315 its efforts undertaken in compliance with its final DMBE-certified Small 316 Business, including Woman, Service Disabled Veteran and Minority- 317 owned Businesses, Subcontracting Participation Plan. The report shall 318 include, at a minimum: A statement of whether any DMBE-certified small 7 319 business subcontractors were utilized; a list of any DMBE-certified small 320 businesses, including woman-owned and minority-owned subcontractors 321 utilized; a brief description of the work performed by each DMBE-certified 322 small business, includinq_woman-owned and minority-owned 323 subcontractors; the amount paid to each DMBE-certified small business, 324 including, woman-owned and minority-owned subcontractors; and any 325 additional Good-faith Minority-owned, Service Disabled Veteran-owned 326 and Woman-owned Business Participation Efforts the contractor made in 327 connection with the contract. A contractor will not receive final payment 328 under a contract until he submits the documentation required by this 329 subsection. 330 ~ If actual woman, service disabled veteran and minority participation 331 substantially deviates below the levels outlined in the final DMBE-certified 332 Small Business, including Woman, Service Disabled Veteran and Minority- 333 owned Businesses, Subcontracting Participation Plan, the contractor shall 334 provide an explanation for the deviation within ten (10) days of a request 335 by the city for such explanation. If the explanation for the deviation lacks 336 reasonable justification that rises to the level of dishonesty or in the event 337 the contractor refuses to submit an explanation for the deviation, the 338 contractor may be debarred from contracting with the city for a period of 339 up to two (2) years from the date of notification of such debarment. 340 The debarment of any bidder or contractor pursuant to this subdivision 341 shall be deemed to include the debarment of any successor corporation, 342 partnership, firm or other entity controlled or managed by any officer, 343 director, partner or controlling shareholder of the debarred bidder or 344 contractor. Adopted by the City Council of the City of Virginia Beach, Virginia, this ~~tt, day of ~e.~~mber , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~-' JA Finance Department Cit ice CA 11902 R-5 September 14, 2011 8 ~~ __ \~ a Administrative Directive 9a ~; ~, ~ ,_, ~~ 9~, 9 N`' S OF OUR Np~~~ Title: DMBE-Certified Small Businesses, Including Woman and Minority- Owned Businesses, Enhancement Program Small Purchase Procedures Index Number: AD 6.09 Date of Adoption: 08/31/07 Date of Revision: _/_/2011 Page 1 of 3 1.0 Purpose and Need The City of Virginia Beach is committed to increasing the participation of DMBE-certified small businesses, including woman and minority-owned businesses, in its procurement activities. All departments are responsible and accountable for projecting the City's image to fairly reflect Virginia Beach as a City of ethnic and racial diversity when conducting the City's business, particularly when recommending and awarding contracts and purchase orders. 2.0 Administrative Directive It is the City's policy to enhance awareness of the need, and thereby the accountability for, increasing the participation of DMBE-certified small businesses, including woman and minority-owned businesses, in City procurements and contracts and to provide maximum practicable opportunities to such businesses. 3.0 Procedure to Accomplish Administrative Directive A. The Finance Department, Purchasing Division shall be responsible for policies and procedures that will support increased participation in City procurement and contracts, as well as recommend related legislative changes. B. Department Directors, in conjunction with the Purchasing Agent, shall be responsible for developing and implementing plans to increase the use of DMBE-certified small businesses, including woman and minority-owned businesses, wherever practicable, and in accordance with policies and procedures, for procurements within their delegated authority. Performance reviews for City Department Directors shall include the results of their minority participation efforts of the prior year, as well as their plans for the coming year. 4.0 Responsibility and Authority A. The Finance Department, Purchasing Division shall be responsible for: 1. Centralized monitoring, analysis and reporting on the progress regarding the participation ofDMBE- certifiedsmall businesses, including woman and minority-owned businesses, in City contracts and subcontracts. 2. Creating an awareness of the benefits of working with DMBE-certified small businesses, including woman and minority-owned businesses, through outreach, marketing, education and training. 3. Giving special recognition and awards to individuals and departments that make outstanding contributions to the success of the City's increased contract awards to DMBE-certified small businesses, including, woman and minority-owned businesses. 4. Focusing on continued identification of emerging small businesses, including woman and minority- owned businesses. 5. Maintaining a woman and minority-owned business database accessible to all City agencies and to the public. This database shall be a complement to the DMBE-certified small business database. 6. Promulgating procedures for inclusion ofDMBE-certified small businesses, including woman and minority-owned businesses, in the City's purchasing activities that are consistent with competitive practices and departmental delegated authority. 7. Auditing and reviewing purchases made under delegated authority for compliance with the DMBE- certified small business, including woman and minority-owned business, participation procedures. Title: DMBE-Certified Small Businesses, Including Woman and Index Number: AD 6.09 Minority-Owned Businesses, Enhancement Program Small Purchase Procedures Date of Adoption: 08/31/07 Date of Revision: /_/2011 Page 2 of 3 8. Providing reports to the Minority Business Council on the DMBE-certified small business, including woman and minority business participation on a regular basis. 4. Responsibility and Authority (continued) B. City Department Directors with delegated procurement authority are responsible for: 1. Providing forecasts of contract opportunities on a quarterly basis for publication on the Minority Business Council webpage, BEACHnet and related communication mediums. Each City department will also post this information on their individual webpage. 2. Promoting and adhering to the DMBE-certified small business, including woman and minority- owned business, participation procedures by those departmental members exercising delegated purchasing responsibilities. 3. Developing departmental strategies to assist those members with delegated purchasing authority to publicize small purchase opportunities at the department level. 4. Participating in outreach efforts in City hosted workshops, seminars, conferences and expos, networking events and for referring prime contractors to the Purchasing Division for a potential list of DMBE-certified small businesses, including woman and minority-owned businesses. 5. Debundling contracts to facilitate DMBE-certified small business, including woman and minority business, participation whenever practical. 6. Identifying and recruiting woman and minority-owned businesses to be included in the City's database. 7. Processing invoices promptly, forwarding to Finance/Accounts Payable within fourteen (14) days. 8. Reporting to the Purchasing Agent all subcontracting results of each construction contract. 5.0 Definitions Most definitions relating to this subject matter can be found in City Code Section 2-224.1 through 2-224.8, and should be referred to in implementing this directive. For purposes of this section, the following words shall have the meanings: A. Woman and Minority-owned Business Database - A list of vendors and contractors maintained by the Purchasing Agent of woman-owned or minority-owned businesses, organized by category of business. B. Minority-owned or Woman-owned Business - A business or other entity that is at least fifty-one (51) percent owned and controlled by one or more socially and economically disadvantaged person(s). For purposes of this definition, the term "control" shall mean exercising the power to make policy decisions and being actively involved in day-to-day management. Such disadvantage may arise from cultural, racial, chronic economic circumstance or background, or other similar cause. Such persons include, but are not limited to, Black Americans, Hispanic Americans, Asian Americans, Native Americans, Eskimos and Aleuts. C. DMBE -the Virginia Department of Minority Business Enterprises. D. DMBE-certified Small Business - a small business that has been certified by DMBE. E. Small Purchase Procedures: • The Purchasing Agent has delegated to all Using Agencies the authority to purchase goods or services under $1,000 in accordance with the provisions of the Delegation of Procurement Authority section of the Purchasing Manual. Among the vendors considered, agencies shall consider woman or minority-owned businesses, if available. If there is aDMBE-certified small business offering the goods or services required at a competitive price, the Using Agency will purchase the goods or services from the DMBE-certified small business. • All Using Agencies that have direct access to the VIBES system have a granted procurement authority of $5,000, except for the items noted in the Purchasing Manual. A Using Agency may be granted procurement authority in excess of $5,000 upon written approval of the Purchasing Agent. All orders of $1,000 must have a purchase order issued; Using Agency to enter a requisition and Title: DMBE-Certified Small Businesses, Including Woman and Index Number: AD 6.09 Minority-Owned Businesses, Enhancement Program Small Purchase Procedures Date of Adoption: 08/31/07 Date of Revision: / /2011 Page 3 of 3 create a purchase order in the VIBES system. When practicable, buyer solicits a minimum of three (3) written quotations, depending on dollar volume and amount of competition. Of the quotations solicited, the buyer shall solicit at least one (1) quotation from awoman orminority-owned business, if available. The three (3) quotations must be from DMBE-certified small businesses, if available. If the Using Agency or buyer is unable to obtain three (3) quotations from DMBE-certified small businesses, the procurement file will reflect the efforts taken to locate DMBE-certified small businesses. Upon approval by the Purchasing Agent, departments may be authorized to obtain informal price quotations for small purchases greater than $30,000 but not exceeding $50,000. When practicable, the buyer solicits written informal quotations from a minimum of four (4) bidders. Of the quotations solicited, the buyer shall solicit at least two (2) quotations from woman or minority-owned businesses, if available. The four (4) quotations must be from DMBE- certified small businesses, if available. If the buyer is unable to obtain four (4) quotations from DMBE-certified small businesses, the procurement file will reflect the efforts taken to locate DMBE-certified small businesses. 6.0 Specific Requirements On an annual basis, a consolidated annual report will be prepared by the Purchasing Division for presentation to the Minority Business Council and to City Council. The annual report shall also detail past and planned activities and contain recommendations for improvement in increasing awards to woman and minority-owned businesses, as appropriate. 7.0 Service-Disabled Veteran-Owned Businesses To the extent practicable, the Finance Department, Purchasing Division shall identify service-disabled veteran- owned businesses for solicitations. For those service-disabled veteran-owned business that are DMBE-certified small businesses, the solicitation of such businesses shall be the same as the solicitation of woman and minority-owned DMBE-certified small businesses discussed above. Approved as to Content Director, Department of Finance Approved as to Legal Sufficiency: City Attorney's Office Approved: Chief of Finance and Technology Approved: City Manager Date Date Date Date DMBE-CERTIFIED SMALL BUSINESS, INCLUDING WOMAN AND MINORITY-OWNED BUSINESSES, SMALL PURCHASE PROGRAM IN A.D. 6.09 1. Any procurement with an anticipated value of less than $1,000 Current City Purchasing Policy: delegated authority to agencies. Agencies are encouraged to seek woman or minority-owned businesses. Proposed: if there is aDMBE-certified small business, including woman and minority-owned businesses, offering the goods/service required at a competitive price, purchase from the DMBE-certified small business. 2. Any procurement with an anticipated value between $1,000 and $30,000 Current City Purchasing Policy: the Purchasing Manual and AD 6.09 require the solicitation of three quotes (by phone or in writing). AD 6.09 requires one of the solicitations be from a woman or minority-owned business, if available. Proposed: three solicitations of quotes must be from DMBE-certified small business, including woman and minority-owned businesses, if available. A minimum of one of the solicitations must be from a woman or minority-owned business, if available. 3. Any procurement with an anticipated value between $30,000 and $50,000 Current City Purchasing Policy: the Purchasing Manual and AD 6.09 require four written informal quotes to be solicited. AD 6.09 requires that the solicitation include at least two quotes from a woman or minority-owned business, if available Proposed SWAM Enhancement: four written quotes must be from DMBE- certified small business, including woman and minority-owned businesses, if available. A minimum of two of the solicitations must be from a woman or minority-owned business, if available -54- Item i~K.2. ORDINANCES/RESOLUTIONS ITEM # 61261 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Resolution to MOVE the November 8, 2011, regular meeting of City Council to November 1, 2011, to allow citizens to vote in the November 8, 2011, General Election. Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 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 A RESOLUTION MOVING REGULAR MEETING OF NOVEMBER 1, 2011 THE NOVEMBER 8, 2011 THE CITY COUNCIL TO WHEREAS, the City Code provides the regular formal meetings of City Council shall be held in the Council Chambers of the City Hall Building on the second and fourth Tuesdays of each month at 6:00 p.m.; and WHEREAS, state law provides that a regular meeting of the City Council may be scheduled for a day other than the usual day upon adoption of a resolution; and WHEREAS, November 8th is the 2011 general election; and WHEREAS, the City Council does not want any citizen to have to choose between exercising the right to vote and participation in City business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, THAT: 1. The regular City Council meeting scheduled for November 8, 2011, shall be held on November 1, 2011. 2. The time and location for the City Council Formal Session shall remain at 6 p.m. and City Council Chambers. 3. The agenda setting the time and schedule of the Informal Session shall be provided in the same manner as this information is normally provided. 4. The City Clerk shall post a copy of this resolution on the door of the City Council Chambers from the date of adoption until 6pm on November 1, 2011, and provide a notice at least seven days prior to November 1, 2011, in a newspaper of general circulation in the City. Adopted by the City Council of the City of Virginia Beach, Virginia, this 27th day of ~~ mb _,- , 2011. APPROVED AS TO LEGAL SUFFICIENCY: r' J -Ei ney's Office CA12044 R-1 September 21, 2011 -55- Item V.K.3. ORDINANCES/RESOLUTIONS ITEM # 61262 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance re a Cooperative Agreement between City Council and the School Board re legal services to be provided to the School Board and School Administration by the Office of the City Attorney in FY 2012 and AUTHORIZE the Mayor to EXECUTE the Cooperative Agreement Voting.' 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2012 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal services to the Virginia Beach School Board and School Administration pursuant to Cooperative Agreements; WHEREAS, the Cooperative Agreement for FY 2011, which expires on June 30, 2011, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year ...;" and WHEREAS, City Council agrees that it is in the best interests of the City and the School Board for the Office of the City Attorney to continue to provide legal services to the School Board pursuant to the revised Cooperative Agreement for FY 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby approves the Cooperative Agreement for FY 2012, a copy of which is attached hereto. 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of Septembe ,2011. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ,~ City Attorney CA12034 R-1 September 9, 2011 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2012 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as maybe assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards .conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and. that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with. the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Obiectives• The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page2of7 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 %z) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2012. The services to be provided as follows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and LaRana Owens, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, Page 3 of 7 litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of Page 4 of 7 the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Leal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Leal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. Page 5 of 7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $368,498.95 its FY 2012 Operating Budget to the FY 2012 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2011, and ends June 30, 2012, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on ?t~.we 21 , 2011. By: I..C~c~o~ww<~ School Board Clerk f iTY f'O~TNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2011. By: City Clerk Page 7 of 7 -56- Item i~K.4. ORDINANCES/RESOLUTIONS ITEM # 61263 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease between the City and Richmond 20MHz, d/b/a/ NTelos Wireless re wireless telecommunications at 2061 Chicory Street Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF 2 THE CITY PROPERTY LOCATED AT 2061 CHICORY 3 STREET FOR THE PURPOSE OF CONSTRUCTING, 4 MAINTAINING AND OPERATING WIRELESS 5 TELECOMMUNICATIONS FACILITIES 6 7 WHEREAS, the Clerk has laid before the City Council an ordinance adopted August 8 23, 2011, providing for bids for a lease of a portion of the City property located at 2061 9 Chicory Street, in the Princess Anne District, for the purpose of constructing, maintaining 10 and operating wireless telecommunications facilities, together with a certificate of due 11 publication of the same once per week for two successive weeks in a newspaper of 12 general circulation in the City, in the manner prescribed by law; and 13 14 WHEREAS, Richmond 20MHz, d/b/a NTelos Wireless, has submitted the highest 15 bid for the award of such lease, which bid was delivered to the Mayor in open session on 16 the day and hour named in the advertisement and was read aloud; and 17 18 WHEREAS, the Mayor then and there inquired for any further bids, and none were 19 submitted; and 20 21 WHEREAS, in the opinion of the City Council, it is expedient and in the best 22 interests of the City that the said lease should be granted to Richmond 20MHz, d/b/a 23 NTelos Wireless; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. That the bid of Richmond 20MHz, d/b/a NTelos Wireless be, and hereby is, 29 accepted, and that the aforesaid lease be, and hereby is, awarded to Richmond 20MHz, 30 d/b/a NTelos Wireless, upon the conditions set forth in such lease. 31 32 2. That the name of Richmond 20MHz, d/b/a NTelos Wireless shall be inserted 33 in the aforesaid lease, and that the City Manager shall execute, on behalf of the City, the 34 aforesaid lease entitled "Communication Tower Site Lease Agreement (Chicory Street), 35 City of Virginia Beach, Lessor and Richmond 20MHz, d/b/a NTelos (Lessee) a summary of 36 the material terms of which is hereto attached and a copy of which is on file in the Office of 37 the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of 40 ~pte~Pr , 2011. APPROVED AS TO CONTENT Public Works/F cilities Management APPROVED AS TO LEGAL SUF ICI~NCY: City Attorney's Office NTELOS LEASE AGREEMENT Summary of Material Terms Location: 2061 Chicory Street (Princess Anne District) Usc: Continue pre-existing use of a building housing equipment used in conjunction with wireless telecommunications antenna located on electrical transmission tower adjacent to leased area Lessee: Richmond 20MHz, LLC, d/b/a/ NTELOS Leased Area: As shown on lease exhibit, with access and maintenance easements, for accessory outbuilding housing telecommunications equipment "herm: Ten years with two 5-year options to renew Rent: $6,955.64 for the first year; 3% annual increase after 1st year Other: Lessee's operation not to interfere with City functions; Lessee must correct interference immediately or, if not correctable, lease may be terminated within 30 days Lessee may expand, etc. building only with City's consent Lessee required to comply with all terms of conditional use permit Lessee required to carry $1,000,000 comprehensive insurance, plus other insurances Lessee required to indemnify City for injuries, etc., caused by Lessee's negligence, etc. Lessee must remove antennas and building and restore premises to original condition within 90 days of expiration or termination of lease No compensation dues Lessee if City needs property in the future -57- Item V.K.S. ORDINANCES/RESOLUTIONS ITEM # 61264 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT a donation from the Hampton Roads Planning District Commission (HRPDC) of a Shelter Support Unit to provide supplies and equipment for the Medically Friendly Shelter Program and AUTHORIZE the City Manager to EXECUTE an Agreement with the HRPDC Voting: 8-D (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 1 AN ORDINANCE TO ACCEPT THE DONATION OF A 2 SHELTER SUPPORT UNIT TO PROVIDE SUPPLIES AND 3 EQUIPMENT FOR THE MEDICALLY FRIENDLY SHELTER 4 PROGRAM 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) A Shelter Support Unit valued at $103,145 including a trailer valued at 9 $17,459 and contents valued at $85,686, is hereby accepted from the Hampton Roads 10 Planning District Commission to provide supplies and equipment for 50 cot supplement to 11 the City's Medical Friendly Shelter Program; and 12 13 2) That the City Manager or his designee is hereby authorized to execute an 14 agreement with the Hampton Roads Planning Commission to accept the Shelter Support 15 Unit. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of ~ptemher 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~ ~~ ~ ~~ Management Services City.- ~~ 's O ~ e CA12040 R-1 September 13, 2011 Shelter Support Unit Donation Agreement This Donation Agreement is made and entered into this day of , 2011, by and between the Hampton Roads Planning District Commission at 723 Woodlake Drive, Chesapeake, Virginia 23320 (``HRPDC") and ,having its address at ("Donee") The HRPDC has purchased the Shelter Support Unit (SSU) on behalf of Hampton Roads jurisdictions to support the functional and medical needs of individuals in shelters during mass casualty events or disasters using funds from Department of Homeland Security Urban Areas Securities Initiatives (UASI) and Metropolitan Medical Response System (MMRS) grants and funds collected from the HRPDC jurisdictions for MMRS sustainment, and agrees to transfer ownership of the SSU listed in Schedule 1 (Contents of Shelter Support Unit) to Donee at no cost under the following conditions: 1. Donee agrees to use the SSU to augment its sheltering capability for individuals with functional and medical needs during mass casualty events or disasters and agrees to honor mutual aid requests from other Hampton Roads jurisdictions for the SSU (when available) during mass casualty events or disasters that exceed the resources of the requesting party. 2. Donee agrees to provide proper storage, including temperature control and power connection, maintenance in accordance with generally accepted preventive maintenance schedules, and repair to maintain operational condition of the SSU. Donee agrees to provide liability and/or property/collision insurance, current licenses, registration, and inspections on the SSU. Donee agrees to notify the Deputy Executive Director of the HRPDC within 30 days if the SSU or any of its contents is damaged and requires repairs that Donee is unable to provide or repairs that Donee deem too costly to provide. Donee will have no obligations for replacement of the SSU or its contents in excess of covered losses from insurance claims. 3. HRPDC, through the Hampton Roads Metropolitan Medical Response System (HRMMRS), agrees to replace items used during training or that have expired or deteriorated, provided HRMMRS grant and sustainment funds are available. HRPDC shall have no other obligations for the repair and/or maintenance of the SSU. 4. Donee agrees to take possession of the SSU on an "as is" basis, without any representation or warranties, express or implied, including warranties of quality, performance or fitness for a particular purpose. Under no circumstances will the HRPDC be liable to Donee or any other party for any direct, indirect, incidental, special or consequential damages arising out of or related to this Agreement or the SSU. Donee will receive all rights, titles and interest in the SSU. This transaction does not constitute a sale of the SSU. Donee agrees it will retain possession of the SSU and will notify the HRPDC of disposal or transfer of ownership of SSU during its useful life. 6. Donee will provide access to the SSU by any HRMMRS employee for the purposes of periodic inspection, inventory and replacement of expired or deteriorated supplies. Page 1 of 3 7. This Agreement is the entire agreement between the parties with respect to the SSU and replaces any prior oral or written communications between the parties. This Agreement may only be modified by a written document executed by the parties hereto. 8. This Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. Hampton Roads Planning District Donee: Commission By: Title: Date: 04051 l; Approved EiRPDC 05191 I I3y: Title: Date: Page 2 of 3 Schedule 1 Contents of Shelter Support Unit Page 3 of 3 -58- Item i~K. 6. ORDINANCES/RESOLUTIONS ITEM # 61265 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRIATE $660, 000 from the Federal Emergency Management Administration (FEMA) to the Fire Department for mobilization and related activities of the Virginia Task Force Two Urban Search and Rescue Team (FEMA) re an earthquake, Hurricane Irene flooding and a readiness exercise Voting: 7-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Prescott Sherrod Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FUNDS FROM FEMA FOR THE VIRGINIA TASK FORCE TWO URBAN SEARCH AND RESCUE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $660,000 in funding from the Federal Emergency Management Administration is hereby appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department for mobilization and related activities of the Virginia Task Force Two Urban Search and Rescue Team related to an earthquake, Hurricane Irene flooding, and a readiness exercise. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of September, 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT ~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: t rn s Office CA12036 R-1 September 13, 2011 -59- Item V.K. 7. ORDINANCES/RESOLUTIONS ITEM # 61266 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRIATE $550, 000 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the Convention and Visitors Bureau re advertising and marketing related activities Voting: 7-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Prescott Sherrod Council Members Absent.• Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Llhrin September 27, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO APPROPRIATE $550,000 FROM THE FUND BALANCE OF THE TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND TO THE FY 2011-12 OPERATING BUDGET OF THE CONVENTION AND VISITORS BUREAU FOR ADVERTISING AND MARKETING-RELATED ACTIVITIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $550,000 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund is hereby appropriated, with estimated revenue increased accordingly, to the FY 2011-12 Operating Budget of the Convention and Visitors Bureau for advertising and marketing-related activities. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of September , 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: 1 ~v~ 1:~~' ~.~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: y A r s Office CA12037 R-1 September 13, 2011 -60- Item V.K.8.a/b. ORDINANCES/RESOLUTIONS ITEM # 61267 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE a Grant from the United States Department of Transportation National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles (DMV) and APPROPRLATE funds from the Fund Balance of the DEA Seized Property Special Revenue Fund to the Police Department re Police Officer overtime and equipment: a. $65, 680 for enforcement of seat belt laws with $13,136 local grant match b. $54,420 for enforcement ofDUllaws with $10,884 local grant match Voting: 7-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Prescott Sherrod Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO APPROPRIATE FUND BALANCE FROM 3 THE DEA SEIZED PROPERTY SPECIAL REVENUE FUND 4 FOR THE ENFORCEMENT OF SEAT BELT LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $65,680 is hereby accepted from the United States Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2011-12 Operating Budget of the Police Department for police 12 officer over-time and equipment related to the enforcement of seat belt laws; and 13 14 2) $13,136 is hereby appropriated from the fund balance of the DEA Seized 15 Property Special Revenue Fund to the FY 2011-12 Operating Budget of the Police 16 Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day Of se~temhPr 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I - ` Management Services y s Office CA12039 R-2 September 19, 2011 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO APPROPRIATE FUND BALANCE FROM 3 THE DEA SEIZED PROPERTY SPECIAL REVENUE FUND 4 FOR THE ENFORCEMENT OF DUI LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $54,420 is hereby accepted from the United States Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2011-12 Operating Budget of the Police Department for police 12 officer over-time and equipment related to the enforcement of DUI laws; and 13 14 2) $10,884 is hereby appropriated from the fund balance of the DEA Seized 15 Property Special Revenue Fund to the FY 2011-12 Operating Budget of the Police 16 Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of S Member 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services ice CA12038 R-2 September 19, 2011 -61- Item V.K.9. ORDINANCES/RESOLUTIONS ITEM # 61268 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to TRANSFER a $338, 651 Grant within the Energy Efficiency and Conservation Block Grant re hybrid vehicle purchases (delta), HVAC assessments, solar study of the Convention Center, reimbursement for increased staff time performing energy conservation activities, training, energy software and office supplies Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Cozrncil Members Voting Nay: None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO TRANSFER GRANT FUNDS WITHIN THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That 338,651 is hereby transferred within the Energy Efficiency and Conservation Block Grant, which is in the Grants Consolidated Fund, to enhance the City's energy conservation activities including: hybrid vehicle purchases (delta); HVAC assessments; a solar study of the Convention Center; reimbursement for increased staff time performing energy conservation activities; training; energy software; and office supplies. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of September 2011. APPROVED AS TO CONTENT ~ i~/~ ~ r Management Services APPROVED AS TO LEGAL SUFFICIENCY: _.. _~ ,.- ~--~ r . / / r ~ ,~ .__ : -City Atto s Office CA12041 R-2 September 21, 2011 -62- Item V.L. PLANNING ITEM # 61269 1. BAYMARK CONSTRUCTION CORPORATION AND VANESSA BOWSER-BRICKHOUSE 2. REAL LIFE CHURCH/CHURCH OF GOD of PROPHECY 3. TARGET HITTERS, LLC/CHARLES and DONNA McDANIEL 4. GREENRUN LITTLE LEAGUE, INC. S.McDONALD DEVELOPMENT CO./BARBARA CREECH, TRUSTEE OF THE ALFRED T. CREECH IRROVACABLE TRUST VARIANCE to ,¢4.4(b) of the SUBDIVISION ORDINANCE MODIFICATION OF CONDITIONAL USE PERMIT (Approved August I S, 1998) CONDITIONAL USE PERMIT re a home occupation (online gun sales) CONDITIONAL USE PERMIT re a recreational facility of an outdoor nature CONDITIONAL CHANGE OF ZONING September 27, 2011 -63- Item V.L. PLANNING ITEM # 61270 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1, 2, 3, 4 and S (Deferred Indefinitely) of the of the PLANNING BY CONSENT AGENDA Voting: 8-D (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 -64- Item V.L.1. PLANNING ITEM # 61271 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/CONDITIONED, BY CONSENT, Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for BAYMARK CONSTRUCTION CORPORATION and VANESSA BOWSER-BRICKHOUSE at Riddick Lane and Indian River Road (GPINs 1493234531; 1493236612; 1493332346; 1493239513; 1493239460; 1493331468) to comply with minimum lot requirements. DISTRICT 7 - PRINCESSANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Variance to ~¢4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for BAYMARK CONSTRUCTION CORPORATION and VANESSA BOWSER-BRICKHOUSE at Riddick Lane and Indian River Road (GPINs 1493234531; 1493236612; 1493332346; 1493239513; 1493239460; 1493331468) to comply with minimum lot requirements. DISTRICT 7 - PRINCESSANNE The following conditions shall be required: The site shall be developed substantially in accordance with the submitted Subdivision Plan entitled "Preliminary Resubdivision Plat of Baymark Construction Corp. and Bowser/Brickhouse Properties, "dated April 29, 2011, and prepared by Langley & McDonald, Inc. Said Plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. A one (1) foot no ingress/egress easement is required along the front of all lots that front on Indian River Road. Access to the sites shall be via Riddick Lane (private) only. 3. An area, or areas, shall be provided at the Indian River Road and Riddick Lane intersection to accommodate seven (7) trash and recycle containers. A three (3) foot wide by six (6) foot deep hard surface area shall be provided for each container. A private pedestrian ingress/egress easement shall be provided over the area(s). Thia~ Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-seventh day of September, Two Thousand Eleven September 27, 2011 -65- Item T! L.1. PLANNING ITEM # 61271 (Continued) Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Glenn R. Davis, Mayor William D. Sessoms, Jr. and .john E. Uhrin September 27, 2011 -66- Item V.L.2. PLANNING ITEM # 61272 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/CONDITIONED, BY CONSENT, Ordinance upon Application of REAL LIFE CHURCH/CHURCH of GOD of PROPHECYfor the Modification of a Conditional Use Permit (approved by City Council on August I5, 1998) to allow two (2) temporary structures on site at 4877 Princess Anne Road. DISTRICT 2 - KEMPSVILLE (GPIN 1476063979). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of REAL LIFE CHURCH/CHURCH of GOD of PROPHECY for the Modi rcation of Conditional Use Permit (approved by City Council on August I5, 1998) to allow two (2) temporary structures on site at 4877 Princess Anne Road. (GPIN 1476063979). DISTRICT 2 - KEMPSVILLE 8091137441 The following conditions shall be required: 1. The hours of operation of the Daycare shall be Monday through Friday, 7: 00 AM until 6:00 PM. 2. Children shall not occupy the outside play area until after 9: 00 AM 3. Based on a ratio of twenty-five (25) square feet of interior space per child, the maximum number of children allowed on the premises at any one time shall be thirty-two (32). This figure was based on the 790 square feet, more or less, of the three (3) activities rooms. 4. All drop-off and pick-up of children shall occur in the parking area on the South side of the building. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structures. 6. The portables on site shall be located and landscaped in substantial accordance with the marked-up Site Plan that has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 7. All portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit. 8. The portable units shall be painted to match the brick color of the existing church building on- site. 9. The parking lot shall be striped and the parking stalls shall be clearly identified in accordance to City Code. 10. The temporary structures are approved for a period of five (5) years from the date of this Use Permit approval. September 27, 2011 -67- Item V.L.2. PLANNING ITEM # 61272 (Continued) This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-seventh day of September, Two Thousand Eleven Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 -68- Item i! L.3. PLANNING ITEM # 61273 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED Ordinance, BY CONSENT, upon application of TARGET HITTERS, LLC/CHARLES and DONNA MCDANIEL for a Conditional Use Permit re a home occupation (online gun sales) at 3425 Glen Arden Road. (GPIN 1446987773). DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TARGET HITTERS, LLC/CHARLES and DONNA MCDANIEL for a Conditional Use Permit re a home occupation (online gun sales) at 3425 Glen Arden Road. (GPIN 1446987773). DISTRICT 2 - KEMPSVILLE 8091137442 The following conditions shall be required: 1. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property 3. No more than four (4) firearms for sale shall be located on the premises at any one (1) given time 4. The conditional use permit for a home occupation (online firearms sales) is approved for a period of one (1) year with an administrative review and renewal, if appropriate, repeated every year thereafter This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-seventh day of September, Two Thousand Eleven September 27, 2011 - 69 - Item V.L.3. PLANNING ITEM # 61273 (Continued) Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 - 70 - Item i!L.4. PLANNING ITEM # 61274 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance upon application of GREEN RUN LITTLE LEAGUE, INC. for a Conditional Use Permit re a recreational facility of an outdoor nature at 4141 and 4153 Dam Neck Road. (GPIN 1484360232, 1484353250, 1484250076) DISTRICT 7 -PRINCESS ANNE, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GREEN RUN LITTLE LEAGUE, INC. for a Conditional Use Permit re a recreational facility of an outdoor nature at 4141 and 4153 Dam Neck Road. (GPIN 1484360232, 1484353250, 1484250076) DISTRICT 7 - PRINCESSANNE 8091137443 The following conditions shall be required: The development of the site shall be in substantial conformance with the plan entitled, "Master Plan Princess Anne Little League Virginia Beach, Virginia" prepared by WPL Landscape Architects -Land Surveyors -Civil Engineers, dated July 12, 2011. Said Plan is on file in the Department of Planning. 2. The design of the players' dugouts, the office building, field house and the concession buildings shall be in substantial conformance with the elevation drawings untitled and undated. Said elevations are on file in the Department of Planning. 3. All signage and lighting shall substantially adhere to the Princess Anne Commons Design Guidelines. Details of all signage and lighting shall be submitted with the final site plan and reviewed and approved by the Planning Director prior to the approval of the site plan. 4. All buildings and exterior building materials shall substantially adhere to the Princess Anne Commons Design Guidelines. 5. At a minimum, ten (10) foot wide buffer/filter strips shall be installed adjacent to the outfields of the ball fields that will not drain into a stormwater management facility. Said filter strips shall be designed based on standards within the Best Management Practices Design Guidance Manual for Hampton Roads, HRPDC, December 1991. 6. Fire apparatus road(s) built per Statewide Fire Code specifications are required to extend within 150 feet of any buildings or structures. 7. An approved water supply for fire protection must be provided within 400 feet of any buildings or structures on site. September 27, 2011 -71- Item V.L.4. PLANNING ITEM # 61274 (Continued) This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-seventh day of September, Two Thousand Eleven Voting.• 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 -~a- Item V.L.S. PLANNING ITEM # 61275 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon Application of McDONALD DEVELOPMENT CO./BARBARA CREECH, TRUSTEE of the ALFRED T. CREECH IRROVACABLE TRUST for a Change o Zoning District Classification from AG-1 Agriculture and AG-2 Agriculture to Conditional I-1 Industrial District at Harpers Road and Oceana Boulevard. DISTRICT 6 -BEACH Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 - 73 - Item VI.M.1 APPOINTMENTS ITEM # 61276 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ENERGYADVISORY COMMITTEE HEALTH SER VICES AD VISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE September 27, 2011 - 74 - Item VLM.2 APPOINTMENTS ITEM # 61277 Upon NOMINATION by Councilman Wood, City Council REAPPOINTED: Diane F. Horsley 4 year term: IO/01/2011- 09/30/201 S AGRICULTURAL ADVISORY COMMISSION Voting: 8-0 Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 - 7s - Item V1.M.3. APPOINTMENTS ITEM # 61278 Upon NOMINATION by Councilman Wood, City Council APPOINTED: Linda M. Bright, Family Member Unexpired term thru 12/31/2011 plus 3 year term: 01/01/2012 -12/31/2014 COMMUNITY SERVICES BOARD Voting.• 8-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and .lames L. Wood Council Members Voting Nay: None Council Members Absent.• Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 - 76 - Item VI.M.4. APPOINTMENTS ITEM # 61279 Upon NOMINATION by Councilman Wood, City Council REAPPOINTED: John M. Baillio Lynn W. Carvell Edgar E. DeLong Barbara Ferguson Reba S. McClanan William M. Walsh, Jr. 2 year term: 11/01/2011-10/31/2013 HISTORICAL REVIEW BOARD Voting.• 8-0 Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 - ~~- Item V1.M. S. APPOINTMENTS ITEM # 61280 Upon NOMINATION by Councilman Wood, City Council APPOINTED: Joan Davis representing Princess Anne District 3 year term: 09/01/2011- 08/3l/2014 PARKS and RECREATION COMMISSION Voting.• 8-0 Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 - ~s - Item VLM.6. APPOINTMENTS ITEM # 61281 Upon NOMINATION by Councilman Wood, City Council APPOINTED: Kenneth D. Jobe S year term: 09/01/2011- 08/31/2016 WETLANDS BOARD Voting: 8-0 Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 - 79 - Item V1.M.6. APPOINTMENTS ITEM # 61281 Upon NOMINATION by Councilman Wood, City Council REAPPOINTED: Cheryl Davidson, Citizen Timothy F. McCarthy, Citizen At-Large John Olivieri, Builder -Single Family 4 year term: 10/01/2011- 09/30/201 S WORKFORCE HO USING AD VISOR Y BOARD Voting: 8-0 Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, Mayor William D. Sessoms, Jr. and John E. Uhrin September 27, 2011 -80- Item VLP. ADJOURNMENT ITEM # 61282 Vice Mayor Jones DECLARED the City Council Meeting ADJOURNED at 6:19 P.M. ~~ ~~-_ - --__~._~a o ~.~ -----------------_ Beverly O. Hooks, CMC Louis R. Jones Chief Deputy City Clerk Vice Mayor uth Hodges Fraser, MMC William D. Sessoms, Jr. Ciry Clerk Mayor City of Virginia Beach Virginia September 27, 2011 -80- Item VI.P. ADJOURNMENT ITEM # 61282 Vice Mayor Jones DECLARED the City Council Meeting ADJOURNED at 6:19 P.M. Beverl~Hooks, CMC Chief Deputy City Clerk th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia ~_ Louis R. Jones ~;,1 Vice Mayor ~~~!- William D. Sessoms, Jr. Mayor September ?7, 2011