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Home My WebLink AboutMAY 3, 2005 AGENDAI CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 HARRY E. DIEZEL Kempsville -District 2 ROBERT M DYER, Centerville - District I REBA S McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- LESLIEL. LILLEY CiTYCLERK - RUTH HODGES SMITH, WC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 03 May 2005 I. BUDGET WORKSHOP - Conference Room - A. RECONCILIATION — Resource Management Plan II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E- MAIL: Ctycncl@vbgov.com V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 1:00 PM 5:00 PM VI. FORMAL SESSION - Council Chamber - 6:00PXd A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Father Sal Anonuevo Pastor, St. Luke's Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION April 19, 2005 2. INFORMAL AND FORMAL SESSIONS April 26, 2005 G. AGENDA FOR FORMAL SESSION H. PRESENTATION VIRGINIA BEACH RESCUE SQUAD FOUNDATION — (loan payoff) Peter Agelasto, President Jay Leach, Past Captain I. PUBLIC HEARINGS 1. JOINT LAND USE STUDY 2. REAL and PERSONAL PROPERTY TAX Proposed Exemptions J. CONSENT AGENDA K. ORDINANCES Ordinances to EXEMPT, in accordance with §58.1-3651 of the Virginia Code, the following organizations from local Real and Personal Property taxation: a. American Lebanese Syrian Associated Charities, Inc. b. Citizen's Committee for Fairness, Honesty and Justice, Inc. c. Enhanced Classroom Resources d. Friends of the Library, Virginia Beach, Inc. Greater Atlantic Rescue Dogs, Inc. 2. Ordinance to ESTABLISH the Virginia Beach Advertising Agency Selection Committee. 3. Ordinance to AUTHORIZE a temporary encroachment for BRIAN JONES into a portion of the right -of way at 2409 Broad Bay Road to construct and maintain a boatlift, existing piles, pier and rip rap on Island Lake. 4. Ordinances to ACCEPT and APPROPRIATE: a. $25,000 from the Virginia Beach Foundation to the Department of Parks and Recreation FY- 2004 Operating Budget re construction of a climbing wall at Seatack Recreation Center. b. $150,000 from the U.S. Department of the Interior, "Save America's Treasures" Grant (SAT) re Adam Thoroughgood House exterior moisture damage repair and AUTHORIZE execution of a Perpetual Preservation Easement. 5. Ordinance to TRANSFER $108,000 from the General Fund Reserve for Contingencies to the FY 2004-05 City Treasurer's operating budget re additional funding for postage. L. APPOINTMENTS COMMUNITY POLICY AND MANAGEMENT TEAM — CSA AT RISK COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE SUBCOMMITTEE PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PERSONNEL BOARD SHORE DRIVE COMMITTEE TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 2005-2006 RESOURCE MANAGEMENT PLAN SCHEDULE EVENT TOPIC LOCATION DATE Reconciliation Council May 3, 2005 Workshop Conference Room Adoption of FY City Council Vote on Resource Council Chamber May 10, 2005 2005-2006 Management Plan 6: 00 P.M. Resource Management Plan Agenda/3/31 /05\gw www.vbg0v.c0m I. BUDGET WORKSHOP - Conference Room - 1:00 PM A. RECONCILIATION — Resource Management Plan II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Father Sal, Anonuevo Pastor, St. Luke's Catholic Church 6:OOPA1 C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL SESSION 2. INFORMAL AND FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION April 19, 2005 April 26, 2005 11P0011tt1'*11tt CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. PUBLIC HEARINGS 1. JOINT LAND USE STUDY 2. REAL and PERSONAL PROPERTY TAX Proposed Exemptions Ad # ; 13116664 Date ', 04/27/2005 Time j 11:05 AM PUSUCHEAWNG JOINT LAND USE STWY "be Viqjnia. Beach City l ", wil. on Tix*cL , May 3, 2005, at -ryi psn., in the City Canal Chainber, secondtl€or, City Hal D-sildii 24011 Courthouse i*, Virginia Beach,'+Iirgir=ia, mill hold a Riblic He@hng ion rn4-sgthe pint Land Use Stxxty, Al 0 terested per- sons are ir�mtect to atterid aW sWirnit cornrnents, Tie Study is available for public revie"r at all city I ib aries and rnay be accessed from the city's wreh site, at w.V"n.vbgpv.com/j l For further information, contact the Virginia Beach planning Depart at at ( 5T) 47TA62 . Ruth 14adgos'inith, MUIC City CleC 131 6rP34 Ad shown is not actual print size NOTICE OF PUBLIC BEARING Proposed Exemptions From Real and Personal Property Taxation The Virginia Beach City Council, on Tuesday, May 3, 2005, at 6:00 p.m. in the City Council Chamber, second floor, City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, will hold a Public Hearing on ordinances to exempt the following entities from local real and/or personal property taxes: 1. American Lebanese Syrian Associated Charities, Inc. Personal Property Assessment: $12,850 Personal Property Taxes Due: $486.55 Real Property Assessment/Taxes Due: None 2. Enhanced Classroom Resources Personal Property Assessment: $1,268.40 Personal Property Taxes Due: $46.93 Real Property Assessment/Taxes Due: None 3. Citizens' Committee for Fairness, Honesty & Justice, Inc. Personal Property Assessment: $4,835.20 Personal Property Taxes Due: $178.90 Real Property Assessment/Taxes Due: None 4. Friends of the Library, Virginia Beach, Inc. Personal Property Assessment: $4,584.00 Personal Property Taxes Due: $169.60 Real Property Assessment/Taxes Due: None 5.. Greater Atlantic Rescue Dogs, Inc. Personal Property Assessment: $4,028 Personal Property Taxes Due: $149.03 Real Property Assessment/Taxes Due: None Copies of the proposed exemption ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the hearing and present their views on the proposed exemptions. If you are physically disabled, or hearing or visually impaired, and you need assistance at this meeting, please call 427-4305 Voice/TDD. Ruth Hodges Smith, MMC City Clerk VP Beacon April 24, 2005 13081302 CONSENT AGENDA K. ORDINANCES Ordinances to EXEMPT, in accordance with §58.1-3651 of the Virginia Code, the following organizations from local Real and Personal Properly taxation: a. American Lebanese Syrian Associated Charities, Inc. b. Citizen's Committee for Fairness, Honesty and Justice, Inc. c. Enhanced Classroom Resources d. Friends of the Library, Virginia Beach, Inc. e. Greater Atlantic Rescue Dogs, Inc. 2. Ordinance to ESTABLISH the Virginia Beach Advertising Agency Selection Committee. 3. Ordinance to AUTHORIZE a temporary encroachment for BRIAN JONES into a portion of the right -of way at 2409 Broad Bay Road to construct and maintain a boatlift, existing piles, pier and rip rap on Island Lake. 4. Ordinances to ACCEPT and APPROPRIATE: a. $25,000 from the Virginia Beach Foundation to the Department of Parks and Recreation FY-2004 Operating Budget re construction of a climbing wall at Seatack Recreation Center. b. $150,000 from the U.S. Department of the Interior, "Save America's Treasures" Grant (SAT) re Adam Thoroughgood House exterior moisture damage repair and AUTHORIZE execution of a Perpetual Preservation Easement. 5. Ordinance to TRANSFER $108,000 from the General Fund Reserve for Contingencies to the FY 2004-05 City Treasurer's operating budget re additional funding for postage. ft S� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Designate American Lebanese Syrian Associated Charities, Inc. as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 3, 2005 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. At §58.1-3651 of the Virginia .Code, the process is set forth for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. ■ Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemptions should be granted. The assessed value of personal property for which an exemption is requested is $12,850.00; the applicant currently owns no real property. ■ Public Information: A public hearing on this matter has been advertised for May 3, 2005. ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: City Council City Manager: 1 AN ORDINANCE TO DESIGNATE AMERICAN 2 LEBANESE SYRIAN ASSOCIATED 3 CHARITIES, INC., AS BEING EXEMPT 4 FROM LOCAL REAL AND PERSONAL 5 PROPERTY TAXATION 6 WHEREAS, in accordance with Section 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to American Lebanese Syrian 10 Associated Charities, Inc. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates American Lebanese Syrian Associated Charities, 15 Inc., as a charitable organization within the context of ' 6(a)(6) 16 of Article X of the Constitution of Virginia. 17 2. That personal property owned by American Lebanese Syrian 18 Associated Charities, Inc., located within the City of Virginia 19 Beach that is used exclusively for charitable purposes on a 20 nonprofit basis is hereby exempt from local property taxation. 21 3. This exemption is contingent on the following: 22 (a) continued use of the personal property by American 23 Lebanese Syrian Associated Charities, Inc., for 24 exclusively charitable purposes; 25 (b) that each July 1, American Lebanese Syrian 26 Associated Charities, Inc., shall file with the 27 Commissioner of the Revenue a copy of its most 28 recent federal income tax return, or, if no such 29 return is required, it shall certify its continuing 30 tax exempt status to the Commissioner of the 31 Revenue; and 32 (c) That every three years, beginning on July 1, 2008, 33 American Lebanese Syrian Associated Charities, 34 Inc., shall file with the Commissioner of the 35 Revenue an application for continuation of the 36 exemption. 37 4. That the effective date of this exemption shall be July 38 1, 2005. 39 Adoption requires the affirmative vote of three -fourths of all 40 members of the City Council. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the day of , 2005. CA-9540 H:\PA\GG\ORDRES\American Lebanese.doc R-3 April 18, 2005 APPROVED AS TO LEGAL SUF ICIENCY: /) ) jz � / - C ty Attorneys Off ice 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Designate Citizens' Committee for Fairness, Honesty & Justice, Inc., as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 3, 2005 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. At § 58.1-3651 of the Virginia Code, the process is set forth for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. ■ Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemptions should be granted. ■ Public Information: A public hearing on this matter has been advertised for May 3, 2005 ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: City Manager: HAP&A \GG\Ord & Res \ARF's\Citizens' Committee.tax.arf.doc 1 AN ORDINANCE TO DESIGNATE CITIZENS' 2 COMMITTEE FOR FAIRNESS, HONESTY & 3 JUSTICE, INC., AS BEING EXEMPT FROM 4 LOCAL REAL AND PERSONAL PROPERTY 5 TAXATION 6 WHEREAS, in accordance with § 58.1-3651 of the Code of 7 Virginia, the Council of the City of Virginia Beach has advertised 8 and conducted a public hearing on the issue of granting an 9 exemption from local property taxes to Citizens' Committee for 10 Fairness, Honesty & Justice, Inc. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the Council of the City of Virginia Beach, Virginia, 14 hereby designates Citizens' Committee for Fairness, Honesty & 15 Justice, Inc., as a charitable organization within the context of § 16 6(a)(6) of Article X of the Constitution of Virginia. 17 2. That personal property owned by Citizens' Committee for 18 Fairness, Honesty & Justice, Inc., located within the City of 19 Virginia Beach that is used exclusively for charitable purposes on 20 a nonprofit basis is hereby exempt from local property taxation. 21 3. This exemption is contingent on the following: 22 (a) continued use of the property by Citizens' 23 Committee for Fairness, Honesty & Justice, Inc., 24 for exclusively charitable purposes; 25 (b) that each July 1, Citizens' Committee for Fairness, 26 Honesty & Justice, Inc., shall file with the 27 Commissioner of the Revenue a copy of its most 28 recent federal income tax return, or, if no such 29 return is required, it shall certify its continuing 30 tax exempt status to the Commissioner of the 31 Revenue; and 32 (c) That every three years, beginning on July 1, 2008, 33 Citizens' Committee for Fairness, Honesty & 34 Justice, Inc., shall file with the Commissioner of 35 the Revenue an application for continuation of the 36 exemption. 37 4. That the effective date of this exemption shall be July 38 1, 2005. 39 Adoption requires the affirmative vote of three -fourths of the 40 members of the City Council. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the day of , 2005. CA-9543 H:\PA\GG\ORDRES\Citizens committee ordin.doc R-4 April 18, 2005 APPROVED AS TO LEGAL 9UFFI IENCY: City Attorney's Office LA BZ-4 �E g � �t • 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Designate Enhanced Classroom Resources as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 3, 2005 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. At § 58.1-3651 of the Virginia Code, the process is set forth for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. ■ Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemptions should be granted. The assessed value of personal property for which an exemption is requested is $1,268.40; the applicant currently owns no real property. ■ Public Information: A public hearing on this matter has been advertised for May 3, 2005 ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: City Manager: HAP&A \GG\Ord & Res \ARF's\Citizens' Committee.tax.arf.doc 1 2 3 4 5 P 7 8 9 10 11 12 13 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO DESIGNATE ENHANCED CLASSROOM RESOURCES AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local property taxes to Enhanced Classroom Resources. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Enhanced Classroom Resources as a charitable organization within the context of § 6 (a) (6) of Article X of the Constitution of Virginia. 2. That personal property owned by Enhanced Classroom Resources located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property by Enhanced Classroom Resources for exclusively charitable purposes; (b) that each July 1, Enhanced Classroom Resources shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify 27 its continuing tax exempt status to the 28 Commissioner of the Revenue; and 29 (c) That every three years, beginning on July 1, 2008, 30 Enhanced Classroom Resources shall file with the 31 Commissioner of the Revenue an application for 32 continuation of the exemption. 33 4. That the effective date of this exemption shall be July 34 1, 2005. 35 Adoption requires the affirmative vote of three -fourths of the 36 members of the City Council. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the day of , 2005. CA-9542 H:\PA\GG\ORDRES\Enhanced Classroom.doc R-2 March 3, 2005 APPROVED AS TO LEGAL SUFFICIENCY: 1Al j ill City Attorney's Office 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Designate Friends of the Library, Virginia Beach, Inc. as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 3, 2005 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. ■ Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemptions should be granted. The assessed value of personal property for which an exemption is requested is $4,584.00; the applicant currently owns no real property. ■ Public Information: A public hearing on this matter has been advertised for May 3, 2005. ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: City Council City Manager: 1 AN ORDINANCE TO DESIGNATE FRIENDS OF 2 THE LIBRARY, VIRGINIA BEACH, INC., 3 AS BEING EXEMPT FROM LOCAL REAL AND 4 PERSONAL PROPERTY TAXATION 5 WHEREAS, in accordance with § 58.1-3651 of the Code of 6 Virginia, the Council of the City of Virginia Beach has advertised 7 and conducted a public hearing on the issue of granting an 8 exemption from local property taxes to Friends of the Library, 9 Virginia Beach, Inc. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 1. That the Council of the City of Virginia Beach, Virginia, 13 hereby designates Friends of the Library, Virginia Beach, Inc., as 14 a cultural organization within the context of § 6(a)(6) of Article 15 X of the Constitution of Virginia. 16 2. That personal property owned by Friends of the Library, 17 Virginia Beach, Inc., located within the City of Virginia Beach 18 that is used exclusively for cultural purposes on a nonprofit basis 19 is hereby exempt from local property taxation. 20 3. This exemption is contingent on the following: 21 (a) continued use of the property by Friends of the 22 Library, Virginia Beach, Inc., for exclusively 23 cultural purposes; 24 (b) that each July 1, Friends of the Library, Virginia 25 Beach, Inc., shall file with the Commissioner of 26 the Revenue a copy of its most recent federal 27 income tax return, or, if no such return is 28 required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 and 31 (c) That every three years, beginning on July 1, 2008, 32 Friends of the Library, Virginia Beach, Inc., shall 33 file with the Commissioner of the Revenue an 34 application for continuation of the exemption. 35 4. That the effective date of this exemption shall be July 36 1, 2005. 37 Adoption requires the affirmative vote of three -fourths of the 38 members of the City Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of , 2005. CA-9544 H:\PA\GG\ORDRES\Friends.doc R-4 April 18, 2005 APPROVED AS TO LEGAL SUF CIENCY: City Attorneys Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Designate Greater Atlantic Rescue Dogs, Inc. as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: May 3, 2005 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. ■ Considerations The Community Organization Grant (COG) Committee has reviewed the application and recommended that the exemptions should be granted. The assessed value of personal property for which an exemption is requested is $4,028.00; the applicant currently owns no real property. ■ Public Information: A public hearing on this matter has been advertised for May 3, 2005. ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: City Council City Manager: 1 2 3 4 5 a 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO DESIGNATE GREATER ATLANTIC RESCUE DOGS, INC., AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local property taxes to Greater Atlantic Rescue Dogs, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Greater Atlantic Rescue Dogs, Inc., as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Greater Atlantic Rescue Dogs, Inc., located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property by Greater Atlantic Rescue Dogs, Inc., for exclusively charitable purposes; (b) that each July 1, Greater Atlantic Rescue Dogs, Inc., shall file with the Commissioner of the Revenue a copy of its most recent federal income 28 tax return, or, if no such return is required, it 29 shall certify its continuing tax exempt status to 30 the Commissioner of the Revenue; and 31 (c) That every three years, beginning on July 1, 2008, 32 Greater Atlantic Rescue Dogs, Inc., shall file with 33 the Commissioner of the Revenue an application for 34 continuation of the exemption. 35 4. That the effective date of this exemption shall be July 36 1, 2005. 37 Adoption requires an affirmative vote of three -fourths of the 38 members of the City Council. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the day of , 2005. CA-9545 H:\PA\GG\ORDRES\Rescue Dogs.doc R-3 April 18, 2005 APPROVED AS TO LEGAL SUF ICIENCY: City Attorney's Office 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Request to create a new ordinance for the purpose of establishing the Virginia Beach Advertising Agency Selection Committee MEETING DATE: May 3, 2005 ■ Background: In 1988, City Council established an Advertising Advisory Review Committee to evaluate proposals for the City's advertising and public relations contract. The committee dissolved upon the award of the contract. Subsequently, in 1991, 1997, and 2000, Council re-established the committee to provide input on the award of new contracts when the then -current contracts neared their respective expiration dates. The City's current contract for advertising and public relations is with the firm of BCF (formerly known as Barker Campbell & Farley). The contract expires on December 31, 2005, and there are no remaining renewal options. ■ Considerations: All operational, legal, and budgetary considerations have been reviewed and discussed with the appropriate City departments to ensure compliance with City and State codes. These considerations include preparation of the draft Request for Proposals (RFP) for services, legal interpretation of purchasing laws and policies, and appointment by City Council of a short-term Advertising Agency Selection Committee. Budget appropriations for advertising, publicity, and promotional materials will be dispersed through existing accounts with BCF for work completed during the remainder of calendar year 2005, and to the agency chosen by the Advertising Agency Selection Committee beginning January 1, 2006. No federal funding is involved. ■ Public Information: The requests for proposals for the subject advertising and public relations contract will be announced in local and national publications. ■ Alternatives: (1) A City Council -appointed Advertising Agency Selection Committee chooses the City's advertising and public relations agency. This procedure has worked well in the past. The committees have been comprised of members from the private sector and City staff. (2) City Council directs the City Manager to establish a City staff committee comprised of members of the departments of Finance/Purchasing, City Attorney, Convention and Visitors Bureau, and Museums and Cultural Arts. A City staff committee could competently complete the selection process should City Council determine not to involve the private sector. ■ Recommendations: (1) That City Council appoint a committee comprised of members from the private sector and City staff. It is further recommended that the voting members of the Advertising Agency Selection Committee be comprised as follows: A. Representative of the Virginia Beach Hotel Motel Association B. Representative of the Virginia Beach Restaurant Association C. Representative of the Virginia Beach Resort Retailers Association D. Employee of the Virginia Beach Convention and Visitors Bureau E. Employee of the Virginia Aquarium and Marine Science Center F. Representative of the Marketing Committee of the Virginia Aquarium Foundation Board G. Representative of the Resort Advisory Commission (2) That the Advertising Agency Selection Committee be appointed at the City Council meeting on May 3, 2005. The role of the Committee will be to review agency responses to the RFP, view agency presentations, and determine which agency can most effectively represent the City of Virginia Beach. The Selection process should be completed in September 2005 to ensure appropriate planning for the transition of advertising and publications related activities should the incumbent not be the successful bidder. (3) That the draft RFP prepared by City staff asking for proposals for full -service advertising and public relations firms be distributed to the Advertising Agency Selection Committee for review and final approval. (4) That full time advertising and public relations services be performed for the Convention and Visitors Bureau, Department of Museums and Cultural Arts, and/or any other City department or agency desiring such services. Departments other than those specifically listed would not be "required" to use the services of the contracted firm. (5) That the City again enter into a consolidated advertising and public relations services agreement with a single agency under one contract. Consolidation of advertising and public relations contracts under one agency allows simplification and streamlining of related marketing programs, encourages joint publicity endeavors, and results in cost benefits for City agencies. ■ Attachments: Ordinance to establish the Virginia Beach Advertising Selection Committee Recommended Action: Adoption of ordinance Submitting Department/Agency: Convention and Visitors Bureau City Manage . - V , P7� 9-4uo,iJ . i c,4T 1 AN ORDINANCE TO ESTABLISH THE 2 VIRGINIA BEACH ADVERTISING AGENCY 3 SELECTION COMMITTEE 4 WHEREAS, the City's existing contract for advertising and 5 public relations services, and all renewals thereof, will expire on 6 December 31, 2005; 7 WHEREAS, by ordinance adopted June 13, 2000, City Council 8 established an Advertising Agency Selection Committee and appointed 9 representatives of the City and the private sector to examine and 10 evaluate proposals received in response to the City's Request for 11 Proposals for advertising and public relations services; 12 WHEREAS, pursuant to that ordinance, the Committee dissolved 13 automatically when the City awarded a contact for such services; 14 WHEREAS, in the next several months, City staff will be 15 drafting another Request for Proposals to solicit proposals from 16 qualified agencies interested in providing advertising and public 17 relations services to the City beginning January 1, 2006; and 18 WHEREAS, the Convention and Visitors Bureau has recommended 19 that City Council establish a new Advertising Agency Selection 20 Committee, comprised of designated City and private sector 21 representatives, for the purpose of reviewing and approving the RFP 22 prepared by staff, reviewing and evaluating proposals received in 23 response to the RFP, and selecting and recommending to City Council 24 an agency to provide advertising and public relations services to 25 the City. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 1. That City Council hereby establishes the Virginia Beach 29 Advertising Agency Selection Committee; 30 2. That the Committee shall be comprised of the following 31 representative members: 32 a. A representative of the Virginia Beach Hotel and 33 Motel Association; 34 b. A representative of the Virginia Beach Restaurant 35 Association; 36 C. A representative of the Resort Retailers 37 Association; 38 d. An employee of the Convention and Visitors Bureau; 39 e. An employee of the Virginia Aquarium and Marine 40 Science Center; 41 f. A representative of the Marketing Committee of the 42 Virginia Aquarium Foundation Board; and 43 g. A representative of the Resort Advisory Commision. 44 3. That the purpose of the Committee shall be to review and 45 approve the RFP for advertising and public relations services 46 prepared by City staff, to review and evaluate proposals received 47 in response to the RFP, and to select and recommend to City Council 48 an agency to provide advertising and public relations services to 49 the City beginning January 1, 2006; and 50 4. That the Committee shall automatically dissolve upon the 51 City's award of a new contract for the provision of advertising and 52 public relations services to the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of APPROVED AS TO CONTENT: C vention & Visitors Bureau 2005. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s Office CA9599 H:\P&A\GG\Ord & Res\Virginia Beach Ad Agency ORD.DOC R-2 April 25, 2005 H,A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment request into the City property known as Island Lake from the adjacent property owner, Brian Jones. MEETING DATE: M y 3, 2005 ■ Background: Mr. Jones has requested permission to construct and maintain a boatlift, existing piles, pier and rip rap at the rear of his property located at 2409 Broad Bay Road. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the agreement. There are similar encroachments in Island Lake, which is where Mr. Jones has requested to encroach. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Agreement, Plat, Location Map and Pictures. Recommended Action: Approval of the ordinance. Submitting Department/A ency: Public Works/real Estate City Manage . �"O� XAProjecxsEncroachm 0 WpplicantsUones, n 409 Broad Bay Road RB Boatliftftenda.Frm.doc 1 2 3 4 5 6 7 8 9 10 11 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY PROPERTY LOCATED AT ISLAND LAKE BY BRIAN JONES, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Brian Jones desires to construct and maintain a boatlift, existing piles, pier and rip rap within the City's property located at the rear of 2409 Broad Bay 12 Road. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Brian Jones, his heirs, assigns and successors in title are authorized to construct and maintain a boatlift, existing piles, pier and rip rap in the City's property as shown on the map marked Exhibits "A" and "B" attached hereto and entitled: "Proposed: NEW BOATLIFT in: Canal in Island Lake At: 2409 Broad Bay Road City of: VIRGINIA BEACH Applicant: B. Jones," copies of which are on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the 28 City of Virginia Beach and Brian Jones (the "Agreement"), ,which is attached hereto and 29 incorporated by reference; and 30 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 31 is hereby authorized to execute the Agreement; and 32 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 33 time as Brian Jones and the City Manager or his authorized designee execute the 34 Agreement. 35 36 day of 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2005. APPROVED AS TO CONTENTS S (2. GNATURE PA) eEj W DEPARTMENT AS TO LEGAL CITY AVO�Y'L/ C 95at PREPARED: 3/25/05X:\Projects\Encroachments\ApplicantsUones, Brian 2409 Broad Bay Road RB BoatliftkOrdinance Encroachment.Frm.doc F: IData IAaYIOrdinfiNa=IEW CRDMIc*5u Jct-as.dx PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this _ZL�' day of 1� , 2005, by and between the 3 CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and BRIAN JONES, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "73", Section One, Bay Island Subdivision as shown on: "SUBDIVISION OF BAY ISLAND, SECTION ONE" (Map Book 45 at pages 37 and 37A), and being further designated and described as 2409 Broad Bay Road, Virginia Beach, Virginia 23451-1711; WHEREAS, it is proposed by the Grantee to construct and maintain a boatlift, existing piles, pier and rip rap, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Island Lake "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN: No GPIN Assigned Island Lake 1499-98-2733 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plats entitled: "Proposed: NEW BOATLIFT in: Canal in Island Lake At: 2409 Broad Bay Road City of: VIRGINIA BEACH Applicant: B. Jones," Date: 11/12/04, Datum: MLW-0.00, prepared by Lynnhaven Dock Corporation, copies of which are attached hereto as Exhibits "A" and `B" and to which references are made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the irantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 3 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Brian Jones, the said Grantee has caused this Agreement to be executed by his/her/their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager C! (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2005, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA r:T7:T" My Commission Expires: E Notary Public STATE OF CITY/COUNTY OF -wit: The foregoing instrument was acknowledged before me this /t/ day of 2005, by Br1an J(, [: My Commission Expires:QR APPROVED AS TO CONTENTS hhGNAT,U- IRE DEPARTMENT 4� Notary Public APPROVED AS TO LEGAL � : u X:1Projects\Encroachments\Applicants\.Tones, Brian 2409 Broad Bay Road RB BoadiftiAgreement Encroachment.Frm.doc 0 Exhibit "A" o M q��lo � A ISLAND ILj�EXISTING PILES At, - 15 :.+ .,so A11,�- N Coca"2 :5 iz- 22' IN LOT 73 w a s �� 2t' In .. — — — APPROX I.IMIiS FLOOD ZONE POOL �` �►,. n APPROX yUMITSS O POROF T OD ZONE ZONE SHED w -t . AC zu 33.4` t STORY 0.44` t / .:� LOT 74 O.4' IN BRICK & FMAME IDD _ #209 rn n > •23;p' 22,2' co 7.3' 4 27..5' 6 ? / D �NSTaLL NE,W uz GRAVEL I �o O 00'# ALUM. l30A-rL I FT ON AXISTINC-7T1M13EFZ L=75..01 (mil LF-5. 14F-W W FT ;° Tv BF- cvS 0t4 MAr To �IS7: DIMS. e, rr , B,f?OAD BAY RO,4l�_._._____........._._.__.._. rk�'�� -- DATUM: MLW = 0.00 Adjacent Property Owners: PLAN Proposed: NEW BOATLIFT . 1G. PoyNt,�� 1 �.t�PtiC I in: Canal in Island Lake 2.3 �-� b At: 2409 Broad Bay Road City of: VIRGINIA BEACH 4. AVER s�� Applicant: B. JONES 5. _ `' 0 ° ' ` " 'N Sheet 2 of 3 Date: 11/12/04 Exhibit "B" 12'-6" Outside face of pile to outside face of pile 3 r J m � ryeCD 3 _ • ,� 42 c CU -- =3 o O o L [DATUM: MLW = 0.00 Adjacent Property Owners: 1. G- royNI^K 2. 6. yMON 3. :17./x,Ni 4. 5. �o PLAN'-`` S-tS'C lMf, PIsf - t2" I�Xlq'fING ELEVATION Lj Boatlift to be installed as per the Manufacturers AGL wTK To Bg recommendations. Material to be aluminum. P?�ob FROM Final electrical connection to be performed by a licensed Electrician.�?v/yM�NT BOATLIFf DETAILS l �fylf n�YFiFY.R1T _32AASJ9•.G.9.9HSC6 ^.�•t Proposed: NEW BOATLIFT in: Canal in Island Lake At: 2409 Broad Bay Road ice; of: VIRGINIA BEACH Applicant: B. JONES Sheet 3 of 3 Date: 11/12/04 poor f � g f a t r 3 oWE- Ate 3r � g CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $25,000 from the Virginia Beach Foundation to the Parks and Recreation Department's FY 2004-05 Operating Budget to Construct a Climbing Wall at Seatack Recreation Center MEETING DATE:. May 3, 2005 ■ Background: The Seatack Community Recreation Center, under the leadership of the Virginia Beach Parks and Recreation Department, has created a safe haven for children and families, and is home to the Seatack Neighborhood Assistance Program (SNAP). SNAP began in August of 2001 and has been a driving force of support for the children in the Seatack and oceanfront communities. The Virginia Beach Foundation would like to provide a gift of $25,000 to the Virginia Beach Department of Parks and Recreation for the construction of a climbing wall in the Seatack Community Recreation Center. ■ Considerations: A climbing wall is another opportunity for SNAP to continue to grow and provide more opportunities for children and families to build self-confidence, self- esteem and an effective avenue for communication. This would be the first vertical climbing wall installed within our recreation center program. As such, there are obvious risks associated with the use of the apparatus. Finance/Risk Management has reviewed the purpose and use, and has provided guidelines to Parks and Recreation on the safe operation of the climbing wall. ■ Public Information: Public information will be handled through the normal Council Agenda process. ■ Alternatives: Do not accept this donation, but the climbing wall will not be constructed. ■ Recommendations: Accept and appropriate the gift of $25,000 from the Virginia Beach Foundation to the Department of Parks and Recreation's FY2004-05 Operating Budget, for the purpose of installing a climbing wall at Seatack Recreation Center. ■ Attachments: Ordinance Notification Letter from Virginia Beach Foundation Recommended Action: Approval Submitting Department/Agency: Parks and Recreation Cind . C irector City Manager: bY} 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $25,000 2 FROM THE VIRGINIA BEACH FOUNDATION TO THE 3 PARKS AND RECREATION DEPARTMENT'S FY 2004-05 4 OPERATING BUDGET TO CONSTRUCT A CLIMBING WALL 5 AT SEATACK RECREATION CENTER 6 WHEREAS, the Virginia Beach Foundation has provided a 7 $25,000 donation to the Department of Parks and Recreation for the 8 purpose of constructing a climbing wall at Seatack Recreation 9 Center. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 That $25,000 from the Virginia Beach Foundation is hereby 13 accepted and appropriated to the Parks and Recreation Department's 14 FY 2004-05 Operating Budget to construct a climbing wall at Seatack 15 Recreation center, with revenue increased accordingly. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the day of , 2005. Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: I Management Services Approved As To Legal Sufficiency: -J� '40� A LIA City Attorney's Office CA9597 H:/PA/GG/ORDRES/Parks and Rec Seatack Climbing Wall ORD.doc R-3 April 21, 2005 -i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Accept and Appropriate a Save America's Treasures Grant in the Amount of $150,000 From the United States Department of the Interior (Adam Thoroughgood House), to Establish CIP # 3-343 (Adam Thoroughgood House Exterior Moisture Damage Repair) and to Authorize and Direct the City Manager to Execute a Perpetual Preservation Easement MEETING DATE: May 3, 2005 ■ Background: The City of Virginia Beach acquired the Adam Thoroughgood House, a 300 year -old National Historic Landmark, and its collection in September 2003. Staff identified a number of immediate needs, including mortar repointing, building systems upgrades, and improvements to environmental controls. A grant was received for a conservation assessment for the building and collection and that report was completed in November 2004. Moisture, both in the building fabric and in the interior air, has been identified as the primary problem that requires resolution. The Federal Save America's Treasures Grant Program (SAT), administered by the National Park Service (NPS), has been awarded to help the City repair the moisture damage, divert rainwater away from the building, upgrade electrical and fire detection systems, and improve the building's environmental control system. ■ Considerations: The SAT grant will provide $150,000 for repairs and preservation improvements for the Adam Thoroughgood House. The grant requires a dollar -for -dollar match in the amount of $150,000. The grant also requires compliance with section 106 of the National Preservation Act. This compliance will involve coordination with the State Historic Preservation Officer (SHPO), which is the Virginia Department of Historic Resources (DHR), for review of plans and specifications for the project. The grant also requires the City to grant a preservation easement to the SHPO, or to a nonprofit preservation organization in Virginia acceptable to NIPS, for a period of at least fifty (50) years; however, the Commonwealth of Virginia Board of Historic Resources requires preservation easements granted to DHR in perpetuity. The Francis Land House Board of Governors supports the granting of the preservation easement to DHR, as evidenced by the attached letter of support. The grant also requires a project sign readable from the public right-of-way be placed on the site throughout the project term. CIP # 3-343, Adam Thoroughgood House Exterior Moisture Damage Repair, will be established for this project. Funds currently held in a dedicated reserve for the Adam Thoroughgood House plus funds transferred from CIP # 3- 100, Various Buildings HVAC Rehabilitation and Renewal, will be used as the required matching funds. The City Manger will be authorized, by the adoption of this ordinance, to grant a deed of easement to the Commonwealth of Virginia Board of Historic Resources. A sample easement agreement is attached to this agenda request. ■ Public Information: A press release about the grant award has been distributed. A public hearing is required for the conveyance of the preservation easement. Additional information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. ■ Alternatives: Not accept the grant and not appropriate funds ■ Recommendations: Adoption of attached ordinance ■ Attachments: Ordinance Proposed Deed of Easement Summary of Terms of Easement Grant Award Letter Grant Agreement Letter of Support from the Francis Land House Board of Governors Recommended Action: Adoption Submitting Department/Agency: Museums and Cultural Arts ' City Manager: 1Z, HAPolicy and Administration\GENERAL GOVERNMENT DIVISION - Team A\Ordinances & Resolutions Prepared for Council\ARF's\Adam Thoroughgood Repairs Grant.arf.doc 1 ORDINANCE TO ACCEPT AND APPROPRIATE A 2 SAVE AMERICA'S TREASURES GRANT IN THE 3 AMOUNT OF $150,000 FROM THE UNITED 4 STATES DEPARTMENT OF THE INTERIOR (ADAM 5 THOROUGHGOOD HOUSE), TO ESTABLISH CIP # 6 3-343 (ADAM THOROUGHGOOD HOUSE EXTERIOR 7 MOISTURE DAMAGE REPAIR) AND TO AUTHORIZE 8 AND DIRECT THE CITY MANAGER TO EXECUTE A 9 PERPETUAL PRESERVATION EASEMENT 10 11 12 WHEREAS, the Department of the Interior has awarded the 13 City of Virginia Beach a Save America's Treasures grant to 14 resolve moisture problems at the Adam Thoroughgood House; and 15 WHEREAS, as a condition of the aforesaid grant, the City is 16 required to grant a perpetual preservation easement over the 17 property to the Commonwealth of Virginia Board of Historic 18 resources; and 19 WHEREAS, the City Council finds that the granting of such 20 preservation easement is in the public interest; 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 1. That CIP Project # 3-343, Adam Thoroughgood House 24 Exterior Moisture Damage Repair, is hereby established 25 in the Capital Improvement Program for the purpose of 26 funding repairs and preservation improvements for the 27 Adam Thoroughgood House; 28 2. That $150,000 is hereby accepted from the United 29 States Department of Interior and appropriated to CIP 30 Project # 3-343, Adam Thoroughgood House Exterior 31 Moisture Damage Repair, in the FY 2004-05 Capital 31 Budget, with revenue from the federal government 32 increased; 33 3. That $100,000 is transferred from Reserves for 34 Contingencies in the FY 2004-05 Operating Budget, and 35 $50,000 is transferred from CIP # 3-100, Various 36 Buildings HVAC Rehabilitation and Renewal, to CIP # 3- 37 343, Adam Thoroughgood House Exterior Moisture Damage 38 Repair, as the required match; and 39 4. That the City Manager is hereby authorized to execute, 40 on behalf of the City, a perpetual preservation 41 easement to the Commonwealth of Virginia Board of 42 Historic Resources, in form substantially as attached 43 hereto as Exhibit A, with such non -substantive changes 44 as the City Attorney may approve. 45 46 Adoption requires an affirmative vote of nine (9) members 47 of the City Council. 48 49 Adopted by the Council of the City of Virginia Beach, 50 51 Virginia, on the day of 2005. CA-9590 GG/Ord&res/Proposed/Adam Thoroughgood Repair Grant.doc R-2 April 15, 2005 N Approved as to Content: Department of Management Ser ices 3/9 - �� 15411010 '� v Department of Museums & Cultural Arts Approved as to Legal Sufficiency: �J. rxd City Attorney's Office Exhibit A This document was prepared by: Department of Historic Resources 2801 Kensington Avenue Richmond, VA 23221 Exempted from recordation taxes under the Code of Virginia (1950), as amended, section 58.1-811(A)(3) DEED OF EASEMENT [name of property] THIS DEED OF EASEMENT, made this day of , 200__, by and its successors and assigns, herein collectively called the Grantor, and the COMMO WRAT.TFT of ViRC'TTMA, ROART) OF MSTORTC RF901 TRC ES, herein called the Grantee, WHEREAS, Chapter 22, Title 10.1 of the Code of Virginia of 1950, as amended, was enacted to support the preservation and protection of the Commonwealth of Virginia's significant historic, architectural, archaeological, and cultural resources, and charges the Board of Historic Resources to designate as historic landmarks to be listed in the Virginia Landmarks Register such buildings structures, districts, and sites which it determines to have local, statewide, or national significance, and to receive properties and easements in gross or other interests in properties for the purpose, among other things, of the preservation and protection of such designated landmarks; and WHEREAS, the Grantor is the owner of a property known as , consisting of a tract of land, herein described, which includes a building which is of historic and architectural significance and is listed on the Virginia Landmarks Register and the National Register of Historic Places, and has been designated by the Secretary of the Interior to be a National Historic Landmark; and WHEREAS, was acquired by the Grantor for the purpose of maintaining it for the benefit of the public as a historic and cultural amenity; and WHEREAS, the Grantor has been awarded a Save America's Treasures grant from the National Park Service, United States Department of the Interior, to be used for the restoration of and WHEREAS, the donation of a perpetual preservation easement is required from a historic property receiving a Save America's Treasures grant for the purpose of preserving those historic and architectural features of the property that lead to its designation as a National Historic Landmark; and WHEREAS, both the Grantor and the Grantee desire to ensure the preservation of (hereinafter "the building") and the protection of the historic and architectural features that led it to be listed on the Virginia Landmarks Register and the National Register of Historic Places, and to be designated a National Historic Landmark; NOW THEREFORE, in recognition of the foregoing and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey to the Grantee an easement in gross and right in perpetuity to restrict as herein provided the use of the property described in "Attachment A" (hereinafter called the Easement Property). The restrictions hereby imposed on the use of the Easement Property are in accord with the policy of the Commonwealth of Virginia, as set forth in Chapter 22 of Title 10.1 of the Code of Virginia of 1950, as amended, to preserve the Commonwealth's designated historic landmarks. The acts which the Grantor covenants to do and not to do upon the Easement Property, and the restrictions which the Grantee is hereby entitled to enforce, shall be as follows: The parties agree that the photographs of the Easement Property taken by of the Department of Historic Resources on (DHR negative number accurately document the appearance and condition of the Easement Property. The negatives of the said photographs shall be stored permanently in the archives of the Department of Historic Resources or its successors. Hereafter, the Easement Property, including the exterior and interior of the building, shall be maintained and preserved in its documented state as nearly as practicable, except for changes which are expressly permitted hereunder. 2. No building or structure shall be built or maintained on the Easement Property other than (i) the building, (ii) reconstructions of historic outbuildings or other features which are documented through professional historical or archaeological investigation to have been located on the Easement Property, and (iii) such visually discreet structures or facilities as may be necessary for the use of the Easement Property as a museum or related public amenity. 3. The building shall not be demolished or removed from the Easement Property, nor shall it be altered, restored, renovated, or extended, except in a way that would be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (Rev. 1992), and provided that the prior written approval of the Grantee to such actions shall have Page 2 been obtained. No other permitted structure or facility shall be constructed, altered, restored, renovated, or extended except in a way that would, in the opinion of the Grantee be in keeping with the unique historic and architectural character of the Easement Property, and provided the prior written approval of the Grantee to such actions shall have been obtained. The location and design of any new structure or facility is expressly made subject to the prior written approval of the Grantee. 4. The character -defining historic interior architectural elements of the building, including windows and window frames, doors, door frames, stairs, staircases, baseboards, cornices, ceilings, floorboards, wainscoting, mantels, and hardware shall not be removed from the Easement Property, nor shall they be altered without the prior written approval of the Grantee. 5. Archaeologically significant deposits, features, or sites on the Easement Property shall not be intentionally disturbed or excavated except by or under the supervision of a professionally qualified archaeologist and provided plans for such archaeological activity have been submitted to the Grantee for review and comment prior to any ground -disturbing activities. Artifacts and objects of antiquity professionally excavated from archaeological sites on the Easement Property shall be treated and preserved according to the Virginia Department of Historic Resources State Curation Standards (Rev. Nov.1993). 6. Cleaning, repointing, waterproofing, or painting of the exterior masonry of the building shall not be undertaken without the prior written approval of the Grantee. 7. Trees and vegetation on the Easement Property shall managed so as to prevent damage to the building. 8. The Easement Property shall not be divided, subdivided, or conveyed in fee other than as a single tract. 9. The Grantee and its representatives may enter the property (i) from time to time, upon reasonable notice to the Grantor, for the sole purpose of inspections and enforcement of the terms of the easement granted herein, and (ii) in its discretion, to erect at a location acceptable to the Grantor, a single marker or sign, not exceeding two feet by two feet, which states the name of the Grantee and advises that the Grantee owns the easement granted herein. 10. Prior to any transfer of title to the Easement Property, the Grantor shall notify the Grantee in writing. 11. In the event of a violation of this easement, the Grantee shall have the right to seek all appropriate legal and equitable reliet including but not limited to the right to restore the Easement Property to its present documented condition as shown in the photographs referenced in Paragraph 1 and assert the cost of such restoration as alien against the Easement PaLye 3 Property. 12. Whenever a written request for the Grantee's approval is submitted pursuant hereto and the Grantee fails to respond in writing within 30 days of receipt of such request, then the Grantee shall be deemed to have approved the request, and the Grantor may proceed with the action for which approval was requested. Nothing herein shall be construed, however, to require the Grantee to issue a final decision on such request within such 30-day period, provided that such final decisions are issued in as timely a fashion as is practical under the circumstances. Such circumstances shall include the complexity of the request or proposed project, the amount of information submitted with the initial request, and the need for on -site inspections or consultations. No approval required hereunder shall be unreasonably withheld by the Grantee. 13. The invalidity or unenforceability of any provision of this easement shall not affect the validity or enforceability of any other provision of this easement or of any ancillary or supplementary agreement relating to the subject matter hereof. Acceptance by the Virginia Board of Historic Resources of this conveyance is authorized by section 10.1-2204 of the Code of Virginia of 1950, as amended. Witness the following signatures and seal: Attest: Accepted: BOARD of HISTORIC RESOURCES By: Kathleen S. Kilpatrick Director, Department of Historic Resources Date: STATE of VIRGINIA CITY/COUNTY of To wit: LM The foregoing instrument was acknowledged before me this day of , 2004, by the Grantor therein. Page 4 Notary Public My commission expires: STATE of VIRGINIA, CITY of RICHMOND, To -wit: The foregoing instrument was acknowledged before me this day of , 2004, by Kathleen S. Kilpatrick, Director, Department of Historic Resources, on behalf of the Virginia Board of Historic Resources, the Grantee therein. My commission expires: Notary Public Page 5 ATTACHMENT A (property description) Page 6 NT United States Department of the Interior NATIONAL PARK SERVICE l3p 1849 C Street, N.W. Washington, D.C. M40 INR MYRUUTo. H32(2255) October 12, 2004 Mr. Steven Thompson, Chief Financial Officer City of Virginia Beach, Virginia 2401 Courthouse Drive City Hall, Building #1 Virginia Beach, VA 23456 Project: Adam Thoroughgood House Dear Mr. Thompson: I am pleased to inform you that your application for a Federal Save America's Treasures grant has been selected for funding in the amount of $150,000. Your project was one of 60 chosen from 390 applications. Congratulations! The competition was intense, and the selection panel typically awarded funding for less than the total amount requested by an applicant, in order to award as many grants as possible with the limited funds available. Accordingly, to enable the National Park Service (NPS) to draw up a grant agreement so that you can receive these funds, you must submit a revised budget and scope of work summarizing what will be accomplished with the actual amount awarded plus the dollar -for -dollar non -Federal matching share. All work must relate directly to and be necessary for the preservation of the historic property. Please note that you are not "locked in" to this budget or scope of work; grant amendments may be submitted for NPS approval during the grant period if subsequent changes are needed. This revised information should be compiled on the enclosed Grantee Information Form. The completed form may be faxed to 202-371-1794. If you have any questions about revising your budget or scope of work, please contact Megan Brown of my staff at 202-354-2062. After we receive the Grantee Information Form, we will draw up a grant agreement for signature by the chief executive officer of your organization. Along with the grant agreement, standard Federal forms such as the Application for Federal Assistance (SF-424), the Assurances form, the Certifications form, and the Direct Deposit form will be sent to you for signature and return to NPS. The Save America's Treasures grant program is administered by the National Park Service of the United States Department of the Interior, in partnership with other Federal agencies and non-profit organizations. Please note that your grant documents, reports, 'and payment requests must be submitted only to the National Park Service. We look forward to working with you to achieve the preservation of your nationally significant property. Sincerely, EF J� J� E C E 9 V E Joseph T. Wallis Chief, State, Tribal and Local Programs Branch FROCT i 6 gnnd To Enclosure — Grantee Information Form IN REPLY REFER TO: United States Department of the Interior NATIONAL PARK SERVICE 1849 C Street, N.W. Washington, D.C. 20240 Grant Agreement No. 51-04-ML-0131 Upon signature of both parties below, the National Park Service (NPS) will have obligated with this Grant Agreement the amount of $150,000 appropriated from the Historic Preservation Fund for the Save America's Treasures Grant Program Public Law 108-108, making Fiscal Year 2004 appropriations for the Department of the Interior. The term of this grant agreement Beginning Date: January 1, 2005 Ending Date: January 31, 2007 In accepting this grant to preserve the Adam Thoroughgood House, evidenced by signature below, the City of Virginia Beach, Virginia, agrees to comply with Department of the Interior regulations and requirements governing Federal grants stipulated in Office of Management and Budget (OMB) Circular A 102 (Administrative Requirements for Grants to State and Local Governments; see 43 CFR`12.42-32_92); Circular A 87 (Cost Principles for Grants to State and Local Governments); and Circular A 133 (Audits of States, Local Governments and Non -Profit Organizations). These requirements a�re�by mcorporated by reference into this grant agreement. In accordance with 18 U.S.C, 1913, none of these funds may be used for lobbying purposes as defined in the special conditions contained on the following pages. These special conditions are also hereby incorporated into this grant award. The terms and conditions of this grant award shall be extended to subrecipients and subcontractors. In witness thereof, the parties have executed this grant agreement as of the date entered below CITY OF VIRGINIA BEACH, VIRGINIA Title: NATIONAL PARK SERVICE Chief, Grants Administration Date signed Date signed cc: Virginia State Historic Preservation Office (SHPO) Attachments: X SF 424 Application for Federal Assistance X Budget Changes/Special Grant Conditions X Interim and Final Progress Report formats for use later in the grant X SF 269A Financial Status Report, for use with Interim Reports X 36 CFR 800 Protection of Historic Properties X Secretary of the Interior's Standards for the Treatment of Historic Properties Grant Agreement (Page 2 of 6) APPLICATION AND BUDGET CHANGES/SPEC/AL CONDITIONS GRANT NUMBER. BEGINNING DATE.ENDING DATE; 51-04-ML-0131 January 1, 2005 January 31, 2007 The terms of the grant award include the following special conditions necessary to obtain the objectives of the grant, facilitate administration of the grant, and to protect the interests of the Federal Government. Grantee noncompliance with these temrs and conditions and the requirements of Office of Management and Budget (OMB) Circulars A 102 and A 87 will cause disallowance of costs incurred under the grant. In addition to other lawful remedies, in the event of noncompliance with any grant conditions, the grant may be suspended, terminated or annulled pursuant to OMB Circular A 102 (see 43 CFR 12.83-12.84). The grantee shall not assign or otherwise transfer final responsibility for this Grant Agreement, the grant, or the project to any third party. The execution of subcontracts shall not alter or modify the obligations of the grantee. However, the grantee may subcontract for performance of project -related work summarized in this Grant Agreement. The grantee must administer this grant award free from conflict of interest, bribery, "kickbacks," cost -plus -a -percentage -of -costs contracts, and other procurement practices prohibited by 43 CFR 12.76. Special Condition # 1. Limitations on Grant Expenditures. The term of availability of these grant funds is from January 1, 2005, through January 31, 2007. All costs incurred must be billed to NPS by April 30, 2007. Expenses charged to this grant may not be incurred prior to the beginning date specified above, or subsequent to the grant end date specified above (unless the Grant Agreement's end date is formally extended in writing by NPS). Such expenditures may not exceed the maximum limits shown on this grant award, or amendments subsequently approved in writing by NMS. The grantee assumes fiscal liability, without recourse to NPS, for commitments that exceed the funds provided in the Grant Agreement. Special Condition # 2. Allowable Costs. All costs charged to the grant must be directly related to and necessary for the achievement of the approved objectives and budget of this grant, as specified' Grant Condition # 15, below, unless an amendment is approved in writing by NPS. Expenses charged must be incurred only for eligible costs in accordance with OMB Circular A 102 and OMB Circular A 87; and supported by approved contracts, purchase orders, requisitions, bills, or other evidence of liability consistent with generally established purchasing procedures and generally accepted accounting principles. Special Condition # 3. Non -Federal Matching Share: At least $150,000 in eligible non -Federal matching contributions that are allowable and properly documented in accordance with 43 CFR 12.64 must be used during the grant period to share the costs for this grant. Failure to use the required non -Federal matching share will result in the disallowance of costs reimbursed, and/or the deobligation of remaining unexpended funds. Special Condition # 4, Fundraising Costs: In accordance with OMB Circular A 87, Attachment B, Item 21, costs of fundraising are not eligible costs chargeable to the grant for reimbursement or as eligible non -Federal matching share contributions. Special Condition # 5, Performance Reports. An acceptable Interim Progress Report must be submitted to NPS every six months during the grant period, with the initial Progress Report due not later than July 31, 2005, and the next report due not later than January 31, 2006. An acceptable Final Progress Report must be submitted by April 30, 2007. Failure to submit acceptable progress reports bythe dates specified, and GRANT NUMBER. 51-04-ML-0131 Grant Agreement (Page 3 of 6) APPLICATION AND BUDGET CHANGES/SPECIAL CONDITIONS BEGINNING DATE: January 1, 2005 ENDING DATE.- January 31, 2007 in the f onnat prescribed by NPS, may result in suspension of funds or other action. Interim Reports must include the Standard Form 269A, Financial Status Report, which is used to document financial obligations and outlays during the previous reporting period. NPS normally requires that the initial report must include several slides or 4X6 photographs showing the condition of the property prior to beginning project work, however, these photographs have already been submitted by the grantee. The final progress report must include slides or photographs showing the finished work The grantee agrees to maintain close liaison with the NPS Grant Awarding Official throughout the grant period. NPS reserves the right to request meetings, upon reasonable notice, with grantee project staff at intervals during the course of project work The grantee agrees to promptly notify the NPS Grant Awarding Official should any of the following conditions become known to it: a) Problems, delays, or adverse conditions that will materially affect the ability of the grantee (or its subcontractors, if any) to attain project objectives, prevent the project from meeting planned timetables, or preclude the completion of approved work; b) The need for adjustment (revision) to the project budget; and c) The lack of non -Federal matching share to meet the amount required by this Grant Agreement. Special Condition # 6 Prior Approval Requirements. The grantee may not, without written approval by the NPS grant awarding official (that official whose signature/title appears on the grant award document, or his designee), make changes in the approved scope of work or budget that would substantively alter the approved scope of work (43 CFR 12.70). Special Condition # 7 Lobbying Prohibitions. Costs associated with activities or any form of communication designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation are unallowable as a charge to this grant. None of the funds awarded may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913 prohibiting lobbying with appropriated funds. Recipients shall not use any part of the appropriated funds for any activity or for the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which. Congressional action is not complete. Special Condition # 8 Debarment and Suspension. In accordance with Executive Order 12549 "Debarment and Suspension" the grantee and its subgrantees must not make any award or permit any award (by subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549. Special Condition # 9 Financial Audit. The grantee shall obtain an audit of grant expenditure. records in accordance with OMB Circular A 133, which requires a Single Agency Audit for any grantee who expends at least $500,000 of Federal grant funds (from all sources) in a fiscal year. Financial audits that include costs incurred for this grant (including nonfederal matching share) must be transmitted to the Federal Audit Clearinghouse, Data Preparation Division, US. Bureau of the Census, 1201 E. IOth Street, Jeffersonville, Grant Agreement (Page 4 of 6) APPLICATION AND BUDGET CHANGES/SPEC/AL CONDITIONS GRANT NUMBER. BEGINNING DATE.- ENDING DATE. 51-04-ML-0137 January 1, 2005 January 31, 2007 Indiana 47132. A reasonable proportion of the costs of an acceptable audit performed in accordance with OMB Circular A 133 may be charged to this grant. If an audit is required by OMB Circular A 133, the grantee must complete and submit one signed copy of the Data Collection Form for Reporting on Audits of States, Local Governments, and Non -Profit Organizations, SF -SAC, and one copy of the reporting package to the National Park Service within 30 days of the grantee's receipt of the completed audit report. The form must state whether the audit was completed, provide information about the grantee, the results of the audit, the Employer Identification Number (EIN) and the Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS). Special Condition # 10, Record Keeping. The grantee must maintain the property, personnel, financial, procurement and other records and accounts pertinent to the funds awarded by this grant in accordance with 43 C FR 12. The grantee, and its contractors will permit on -site inspections by NPS representatives, and will effectively require employees and board members to furnish such information as, in the judgment of NPS representatives, maybe relevant to a question of compliance with grant conditions and directives on the effectiveness, legality and achievements of project work Special Condition # 11, Access to Records. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of financial or programmatic audit and examination to any books, documents, papers, and records of the grantee that are pertinent to the grant at all reasonable times during the period of retention provided for in 43 -C FR 12. Special Condition # 12, Publicity and Press Releases: Press releases about this project must acknowledge the grant assistance provided byNPS and copies of the press releases must be provided to NPS. The grantee must transmit notice of any public ceremonies planned to publicize the project or its results in a timely enough manner so that NPS, Department of the Interior, Congressional or other Federal officials can attend if desired. Special Condition # 13, Publications. The grantee must include acknowledgment of NPS grant support and a nondiscrimination statement in all publications and videos assisted with grant monies and/or concerning NPS grant -supported activities. At least two copies of each publication and video concerning NPS grant -assisted activities, or published with NPS grant assistance, must be furnished to the NPS Grant Awarding Official within 30 calendar days of publication. All publications, including video and audio tapes, mush contain the following disclaimer and acknowledgement of NPS support: "This material is based upon work assisted by a grant from the Department of the Interior, National Park Service. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the Department of the Interior." All consultants hired by the grantee must be informed of this requirement. The National Park Service shall have a royalty -free right to republish anypublished material generated bythis grant. Special Condition # 14, Method of Pa, ent. An SF-270, Request forAdvance or Reimbursement, must be faxed to the NPS Grant Awarding Official for approval of payment requests. After NPS has notified the grantee that the payment request is acceptable, the grantee can then transmit the payment request on the SMARTLINK payment system Payment of grant funds will then be made by SMARTLINK electronic transfer of funds to a specified bank account of the grantee. GRANT NUMBER: 51-04-ML-0131 Grant Agreement (Page 5 of 6) APPLICATION AND BUDGET CHANGES/SPEC/AL CONDITIONS BEGINNING DA TE.• January 1, 2005 ENDING DATE.• January 31, 2007 Special Condition # 15 Approved Budget and Scope of Work The approved Surnmary of Objectives and Results to be performed with this grant award is as follows: rehabilitation of the Adam Thoroughgood House, in accordance with the Secretary of the Interior's Standardr for the Treatment of Historic Properties. Work includes: a) Install French drain b) Install stainless steel lintels and arch restoration c) Repoint/Repair of brickwork d) Install rain diverters e) Repair/Replace of doorjambs, sills, and thresholds f) Install new HVAC system g) Update electrical wiring and lighting h) Install fire detection system The approved Work/Cost Budget is summarized as follows: Consultant Fees $ 60,000 Equipment $100,000 Construction Materials & Labor $140,000 TOTAL GRANT (including non -Federal matching share) $300,000 Special Condition # 16. Preagreement Costs. Anypreagreement costs incurred must be approved in writing by NPS and authorized to be charged to this grant in accordance with OMB Circular A-87. Documentation of these preaward costs must be retained for review by the grantee's financial audit. Special Condition # 17, NPS Concurrence with Selection of Consultants: The grantee must submit resumes and responses to its Requests for Proposals, along with its justification for which consultant(s) it proposes to select for grant -assisted work to the NPS Grant Awarding Official for concurrence by NPS. The proposed consultant(s) must have the requisite experience and training in historic preservation to oversee the construction work to be performed and to manage this complex project. Contractors performing grant - assisted work must be competitively selected. Special Condition # 18, NPS Review of Plans and Specifications. The grantee must submit plans and specifications to the National Park Service for its review and approval for compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, and with the Conditions listed in this Grant Agreement prior to the beginning of grant -assisted repair work on the property. Special Condition # 19 Compliance with the Secretary of the Interior's Standards. All grant -assisted repair work will be reviewed by NPS to ensure that it meets the Secretary of the Interior's Standards for the Treatment of Historic Properties. Work that does not comply with these Standards in the judgment of NPS will not be reimbursed, and may cause the grant to be terminated and funds deobligated. Grant Agreement (Page 6 of 6) APPLICATION AND BUDGET CHANGES/SPEC/AL CONDITIONS GRANT NUMBER. BEGINNING DA TE.• ENDING DA TE. 57-04-ML-0131 January 1, 2005 January 31, 2007 Special Condition # 20, Compliance with Section 106 of the National Historic Preservation Act. Pursuant to Section 106 of the Act, NPS and the grantee must complete the consultation process stipulated in the regulations issued bythe Advisory Council for Historic Preservation in 36 CFR 800 prior to the commencement of construction work on the property. (Note that the NPS must receive a copy of the State Historic Preservation Officer's written approval of the methodology or plan to be used for any archaeological testing or ground -breaking prior to conducting such testing or ground -breaking) NPS has initiated the Section 106 consultation process with the State Historic Preservation Officer (SHPO), by notifying the SHPO of the grant and sending the SHPO a copy of the grant application. Now, to complete the Section 106 review, the grantee must submit plans and specifications for the project to the SHPO. The grantee then must submit to the NPS Grant Awarding Official copies of the following: 1) any written comments grantee receives from the SHPO in response to submission of plans and specifications for the project, including any suggestions for modifying the project, and 2) the SHPO's written concurrence with the project as proposed or as modified. In the event that the grantee and the SHPO cannot reach agreement, the grantee must notify NPS in writing so that NPS may participate in the conclusion of the consultation. (Note that plans and specifications must also be submitted by the grantee to NPS in order to fulfill Grant Special Conditions # 18 8& 19). Special Condition # 21, Requirement for Project Sign: The grantee must erect and maintain a project sign at the project site. The sign must: be of reasonable and adequate design and construction to withstand weather exposure; be of a size that can be easily read from the public right-of-way, and be maintained in place throughout the project term as stipulated in this Grant Agreement. At a minimum, the sign must contain the following statement: "Preservation of the [insert property name] is being supported in part by a Save America's Treasures grant administered bythe National Park Service, Department of the Interior." Additional information briefly identifying the historical significance of the property or recognizing other contributors is encouraged and permissible. A photograph of the sign must be submitted to NPS at the start of the construction process. The cost of fabricating and erecting the sign is an eligible cost for this grant. Special Condition # 22, Requirement for Executing Preservation Easement. The purpose of this grant is to preserve highly significant historic properties for future generations. Section 102(a)(5) of the National Historic Preservation Act requires that HPF.grantees must agree to assume, after the completion of the project, the total cost of continued maintenance, repair and administration of the grant -assisted property il a manner satisfactory to. the Secretary of the Interior; Accordingly, the grantee must grant a preservation easement to the State Historic Preservation Officer, or to a nonprofit preservation organization acceptable to NPS, in the State where this property is located. The term of the easement must run for at least 50 years from the end date of this Grant Agreements A draft copy of the preservation easement must be submitted to the NPS Grant Awarding Official for review and comment by September 30, 2005. Any revisions subsequently transmitted by NPS to the grantee must be incorporated into the easement prior to the final release of funds by NPS and prior to the recording of the easements on the deeds of these properties. City of Virgirxia Beach DEPARTMENT OF MUSEUMS AND CULTURAL ARTS VIRGINIA BEACH HISTORIC HOUSES (757)431.4000 FAX (757) 431-3733 January 28, 2005 Leslie L. Lilley, City Attorney City of Virginia Beach City Attorney's Office Municipal Center Building 1, Room 260 2410. Courthouse Drive Virginia Beach, VA 23456 RE: Save America's Treasures Easement Dear Mr. Lilley, VBgovxom FRANCIS LAND HOUSE 3131 VIRGINIA BEACH BOULEVARD VIRGINIA BEACH, VA 23452-6M Recently, the City through the Department of Museums and Cultural Arts received a Grant ,'Agreement from the National Park Service regarding the 2004 SaveAmerica's Treasures grant awarded to the Adam Thoroughgood . House. I am thrilled at the . prospects of what this grant will fund and am hopeful that the requirements will quickly be met. One condition of the grant is that the grantee donates a preservation easement to a non- profit preservation organization acceptable to the National Park Service. As a group of citizens concerned about protecting our collective investment and interest in this .property, please be assured that the Board of Governors of the Francis Land House offer our full support of granting the easement in perpetuity. The easement will assure the City of Virginia Beach preservation and treatment according to uniform, nationally accepted -standards. It also ensures a review process for modifications that materially change the property, including archeological aspects. The close affiliation of an agency like the Virginia Department ofHistoric Resources provides a legal bond between the property and the means and expertise of the Commonwealth. Going forward, I believe that it could enhance our ability to obtain state and federal funds. Leslie L. Lilley RE: Save America's Treasures Easement January 28, 2005 Page Two . With your help, the City of Virginia Beach can rest assured that beyond our lifetime, the Adam Thoroughgood House will be preserved as the landmark we know today. As good stewards, we can free it from the threat of demolition and misuse. We appreciate all that you have done for the historic homes in Virginia Beach and ask that the City of Virginia Beach grant a perpetual preservation easement for the Adam Thoroughgood House. Respectfully, X� ;�A� Sue F. Davis Chairman, Francis Land House Board of Governors SFD/ cc: Lynn B. Clements SUMMARY OF TERMS ADAM THOROUGHGOOD HOUSE SAVE AMERICA'S TREASURES GRANT PRESERVATION EASEMENT GRANTOR: City of Virginia Beach GRANTEE: Commonwealth of Virginia, Board of Historic Resources PROPERTY: Adam Thoroughgood House TERM: The federal grant requires that the easement run for at least Fifty (50) years from the end date of the Grant Agreement (January 31, 2007). However, the Grantee's policy is to only accept easements in gross and right in perpetuity. RIGHTS AND RESPONSIBILITIES OF GRANTOR/GRANTEE: • No building or structure shall be built or maintained on the property other than the existing historic structure and reconstructions of historic outbuildings or other features of archeological and/or historical significance. • The building shall not be demolished or removed from the property, nor shall it be altered, renovated, or extended without the prior written approval of the Grantee. • The character -defining historic interior architectural elements of the building, including, but not limited to, windows and window frames, ceilings, doors, and stairs shall not be removed nor altered without the prior written approval of the Grantee. Cleaning, waterproofing, or painting of the exterior masonry shall not be undertaken without the prior written approval of the Grantee. • The Grantor shall manage the trees and vegetation on the property so as to prevent damage to the building. • The property shall not be divided, subdivided, or conveyed in fee other than as a single tract. Prior to any transfer, the Grantee shall notify the Grantee in writing. • Grantee may enter the property, upon reasonable notice to Grantor, for the sole purpose of inspections and enforcement of the terms of the easement. • Where prior approval of the Grantee is required, Grantee shall respond in writing within thirty (30) days of receipt of any written request by the Grantor. The Grantee's failure to respond within thirty (30) days of such request shall be deemed an approval. H:\OID\REAL ESTATE\Amned Projects\Adam Thorouftood House GrsnASUMMARY OF TERMS.doc (F .>1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $108,000 From the General Fund Reserve for Contingencies to the FY 2004-05 Operating Budget of the City Treasurer's Office to Provide Additional Funding for Postage. MEETING DATE: May 3, 2005 ■ Background: The Treasurer's Office is respectfully requesting additional postal funding to cover the cost associated with the mailing of various levies. During the development of the Treasurer's FY 2004-05 operating budget, savings were anticipated as a result of the change to DMV collecting the decal fee that were not realized. Also, during FY 2004-05 the Treasurer's Office put forth a concerted effort to increase revenue from personal property tax delinquencies in order to raise the level of reimbursement from the State in FY 2005-06 under the Personal Property Tax Reimbursement Act. As a result of these two factors, the Treasurer's Office is in need of an additional $108,000 for postal services to ensure that levies are billed on time through the end of the fiscal year. An earlier transfer of $60,000 from the Reserve for Contingencies enabled the Treasurer's Office to continue billing through the end of April. ■ Considerations: This request is necessary for the Treasurer's Office to comply with City and State mandates for the mailing of various levies, to include trustee taxes, State income taxes, delinquent personal property notices, and the receipts of those levies plus personal property and real estate receipts. ■ Public Information: Public information will be handled through the normal City Council agenda process. ■ Alternatives: There are no alternatives to providing funds for the additional postal funding being requested. ■ Recommendations: It is recommended that City Council approve the request for additional funding for postal services to ensure that all bills will be processed on time through the end of the fiscal year. ■ Attachments: Ordinance Recommended Action: Approval of ordinance Submitting Department/Agency: City Treasurer's Office " City Manager: I AN ORDINANCE TO TRANSFER $108,000 2 FROM THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES TO THE FY 2004-05 4 OPERATING BUDGET OF THE CITY 5 TREASURER'S OFFICE TO PROVIDE 6 ADDITIONAL FUNDING FOR POSTAGE 7 WHEREAS, the City Treasurer's Office is in need of additional 8 funding for postal services to ensure that current levies are 9 billed on time through the end of FY 2004-05. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That $108,000 is hereby transferred from the General Fund 13 Reserve for Contingencies to the FY 2004-05 Operating Budget of the 14 City Treasurer's Office for the purpose of providing additional 15 funding for postage to process various bills. 16 Adopted by the Council of the City of Virginia Beach, Virginia 17 on the day of 2005. APPROVED AS TO CONTENT: h" , , �>Zll Department of Management' Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s fice CA9600 \ordres\Additional Postage for Treasurer.doc R-2 April 26, 2005 L. APPOINTMENTS COMMUNITY POLICY AND MANAGEMENT TEAM - CSA AT RISK COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE SUBCOMMITTEE PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PERSONNEL BOARD SHORE DRIVE COMMITTEE TOWING ADVISORY BOARD M. UNFINISHED BUSINESS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I DATE: April 26, 2005 C E S L D C M R C A W I J L A N R H N I E D O A D D E M U L W Z Y N N D O E I E S O AGENDA E E E A O R V D V O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D I BRIEFINGS: A WORKFORCE and AFFORDABLE HOUSING Andrew Friedman, NEEDS ASSESSMENT Director - Housing and Neighborhood Preservation B CODE ENFORCEMENT RENTAL INSPECTION Andrew Friedman, PROGRAM Director - Housing and Neighborhood Preservation C JOINT LAND USE STUDY (JLUS) Robert Scott, Director - Planning II BUDGET WORKSHOPS: A ECONOMIC VITALITY B CULTURAL / RECREATIONAL OPPORTUNITIES C FAMILY / YOUTH OPPORTUNITIES IIUIV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y A Y Y Y Y Y Y Y A Y VNI/ E F MINUTES April 12, 2005 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y G/H/ PUBLIC HEARINGS 1 THOROUGHGOOD HOUSE Preservation NO SPEAKERS Easement at 1636 Parish Road 2 OPERATING BUDGET re EFFECTIVE TAX 54 SPEAKERS RATE I/J/ 1 Ordinance to AMEND City Code re "Resort ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Season" CONSENT 2 Ordinance to TRANSFER $335,000/ $100,000 ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Juvenile Probation re Less Secure Detention CONSENT Services 3 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y property for r-o-w Seaboard Road /easements, CONSENT by agreement or condemnation 4 Ordinance to AUTHORIZE encroachment into ADOPTED, BY 9-1 Y Y Y N Y Y Y Y Y A Y portion of the ro w at Princess Anne Rd / CONSENT Nimmo Pkwy by COURTHOUSE MARKETPLACE, LLC re monument sign K/1 VICTORY CHAPEL Modification of DENIED, BY 9-0 Y Y A Y Y Y Y Y Y A Y Condition No. 3 on CUP re nonconforming CONSENT B sign approved Aug 12, 2003 at 6644 Indian S River Rd. (DISTRICT 2 — KEMPSVILLE) T A I N E D 'AVC L CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: April 26, 2005 C E S L D C M R C A W I J L A N R H N I E D O A D D E M U L W Z Y N N D O E I E S 0 E E E A O R V D V O 0 AGENDA REM # SUBJECT MOTION VOTE L R S N X F E T A N D 2 CSM, L.L.C. for a COZ rom A-18 to R-5S at DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y A Y Rosemont Rd / Bancroft Dr (DISTRICT 3 — 5110105, BY ROSE HALL) CONSENT BAY BREEZE CONDOMINIUMS, INC APPROVED / 10-0 Y Y Y Y Y Y Y Y Y A Y closure of a portion of Summerville Ct. CONDITIONED (DISTRICT 6 — BEACH) UPON COMPIIANCE BY 7/24/06 APPOINTMENTS: COMMUNITY POLICY AND RESCHEDULED B Y C O N S E N S U S MANAGEMENT TEAM — CSA AT RISK COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS PLANNING DISTRICT Unexpired to 6/30/05 10-0 Y Y Y Y Y Y Y Y Y A Y COMMISSION 7/1/05 - 6/30/07 APPOINTED Jim Reeve HEALTH SERVICES ADVISORY BOARD 10-0 Y Y Y Y Y Y Y Y Y A Y APPOINTED Mary Redd Nelson 411105 - 3/31/08 REAPPOINTED Vicky Gray 411105 - 3/31/08 Charles F. McCallum,IIl 4/1/05 - 3/31/08 HUMAN RIGHTS COMMISSION 10-0 Y Y Y Y Y Y Y Y Y A Y REAPPOINTED William A. Dyson 4/l /05 - 3/31 /08 J. P. Godsey 4/l/05 - 3/31/08 INVESTMENT PARTNERSHIP ADVISORY RESCHEDULED B Y C O N S E N S U S COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE SUBCOMMITTEE PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PERSONNEL BOARD Y Y Y Y Y Y Y Y Y A Y REAPPOINTED Robert W. Hall 3/l/05 — 2/28/08 10-0 THE PLANNING COUNCIL Y Y Y Y Y Y Y Y Y A Y REAPPOINTED Rosemary Wilson 4/1/05 - 3/31/06 10-0 SHORE DRIVE COMMITTEE RESCHEDULED B Y C O N S E N S U S TIDEWATER TRANSPORTATION DISTRICT COMMISSION Y Y Y Y Y Y Y Y Y A Y APPOINTED Jim Wood Unexpired to 6/30/06 10-0 TOWING ADVISORY BOARD RESCHEDULED B Y C O N S E N S U S M/N/ ADJOURNMENT: 9:13 PM 0