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Home My WebLink AboutSEPTEMBER 26, 2006 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DlEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall- District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 26 September 2006 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM A. BIZNET PROJECT Dr. Terry Jenkins, Director - Human Services B. COMPENSATION AS BUDGET DRIVER Susan Walston, Chief of Staff Fagan Stackhouse, Director - Human Resources C. YEAR-END FUND BALANCE David L. Hansen, Chief - Finance and Technology II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Father Joseph A. Slattery Holy Family 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. INFORMAL and FORMAL SESSIONS September 12,2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY - Farmers Market a. The Candy Barn, LLC I. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the City Manager to execute a lease for less than five (5) years (September 27,2006 through September 30,2009) with the Candy Barn, LLC at the Farmer's Market (Space No. 37). 2. Ordinances to ACCEPT and APPROPRIATE and or TRANSFER: a. ACCEPT and APPROPRIATE $1,210,922 in State, Federal, Gift Fund and Fee Revenues to the FY 2006-07 Department of Human Services operating budget to provide additional mental health, mental retardation, Social Services and Community Corrections services b. TRANSFER $50,000 from Reserve for Contingencies to the Department of Management Services FY 2006-07 operating budget re a programmatic review of the current assessment process c. TRANSFER $18,000 from the FY 2006-07 Reserve for Contingencies to the Council Donations account and DONATE these funds to the School's Education Foundation 3. Resolution FORWARDING the 2007 Community Goals and Objectives to the City's local Delegation to the General Assembly re preparing and supporting legislation during the 2007 Session of the General Assembly. K. PLANNING 1. Application of CAR SPA, INC. for a Conditional Use Permit re a car wash at Northampton Boulevard and Diamond Springs Road. (DISTRICT 4 - BA YSIDE) RECOMMENDATION APPROVAL 2. Application of RACE CO OIL CO., L.L.c. for a Conditional Use Permit re a gas station, convenience store and car wash at Newtown Road and Lake Edward Drive. (DISTRICT 2 - KEMPSVILLE) STAFF RECOMMENDS PLANNING COMMISSION RECOMMENDS DENIAL APPROVAL 3. Application of HARVEST OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at Indian River Road and Bridlepath Lane. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL 4. Application of DR. ALAN MAHANES for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional 0-1 Office District with Historical and Cultural Overlay at 2513 North Landing Road re a dental office and additional space for lease. (DISTRICT 7 - PRINCESS ANNE) DEFERRED RECOMMENDATION September 12, 1006 APPROVAL 5. Application of LA GO MAR ASSOCIATES, L.L.C. for a Chanf!e ofZoninf! District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District at 801 Artesia Way to develop single-family dwellings. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL L. APPOINTMENTS BUILDING CODE OF APPEALS - New Construction COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD HISTORIC SITES ORGANIZING COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEEE - PPEA M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 09126/2006gw www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 26 September 2006 Mayor Meyera E. Oberndorf called to order the City Managers Briefing re the BIZNET PROJECT in the City Council Conference Room, City Hall, on Tuesday, September 26, 2006, at 1 :00 P.M Council Members Present: William R. "Bill'DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, and James L. Wood Council Members Absent: John E. Uhrin [Entered: 1: 12 P.M} Rosemary Wilson [Entered: 1:35 P.M.] September 26, 2006 - 2 - C IT Y MANA G E R 'S B R IE FIN G BIZNET PROJECT 2:00 P.M. ITEM # 55605 Mayor Oberndorf introduced Dr. Terry Jenkins Director - Human Services, to present information relative a great public/private partnership BizNet. Dr. Jenkins introduced the Chairs of the Boards in attendances who have worked diligently to move this project forward. Community Services Board Martha McClees BizNet Sharon Martin Virginia Beach Community Development Corporation Greg Dragas This proposed project was discussed as a responsibility to be shared by City Government, BizNet and the Virginia Beach Community Development Corporation (VBCDC). The City was to provide the land and ultimately when the facility is constructed, City staffing will be provided through the Medicaid revenue stream. The Virginia Beach Community Development Corporation plays the role of the actual developer and will be responsible for the building, as the owner, after construction. Throughout this entire process, BizNet as a non-profit organization has served as a source of expertise in terms of planning and development as well as playing a major role in terms of fund raising. Dr. Jenkins distributed a copy of the Village News encompassing a detailed very positive article concerning BizNet Village. Said information is hereby made a part of the record. Martha McClees, Chair - Community Services Board, advised the Members of the Community Services Board are appointed by City Council. The Board's primary function is to review and evaluate programs; advise City Council and coordinate with the City Manager. Mrs. McClees advised the composition of the Community Service Board; Community Service Board Members Martha McClees, Chairman Donna Morris, Vice-Chair M. J. Nero, Treasurer Mary Almaguer, Secretary Michael Clark Debra Dear-Rutecki Dr. T. Roy Jarrett Dr. Raymond Kirby Reverend Irvin Knight Melva Martin Madelyn Reass Rev. Stanley Sawyer Helen Shropshire September 26,2006 - 3 - C IT Y MANA G E R 'S B R IE FIN G BIZNET PROJECT ITEM # 55605 (Continued) COMMUNITY SERVICES BOARD'S ROLE Concerns regarding medically fragile persons with mental retardation living with aging parents Increased waiting lists while state facilities continue to decrease Partnership with BizNet and Virginia Beach Community Development Corporation, so that all community resources are used Twenty-four (24) individuals will be served in a "24/7" facility designed to meet their unique needs. Families will be involved in selecting furnishings. During the day, consumers will participate in off-site activities including SkillQuest. Without the help of other departments, the City Manager and City Council's approval of the use of the land, there would be no project. The City will have afacility (BizNet Village of which every citizen can be proud. Currently, the City of Virginia Beach has one hundred eighty-seven (J 87) individuals on the State's Medicaid waiver waiting list. Forty-five (45) individuals are in the emergency status. The Virginia Beach Community Services Board provided the vision for the project and will provide the staffing and administration of the facilities. Virginia Beach City Council provided the land. BizNet provided project consultation and secured private funding. The Virginia Beach Community Services Board provided oversight of planning, architectural and financing phases. Upon completion, BizNet Village will be comprised of two (2) buildings, each housing twelve (J 2) individuals having severe mental retardation, accompanied by medical and physical disabilities. These clients require special equipment, a high level of professional staff support and care designed to meet their unique special needs. The residents will receive basic programming at existing off site Community Services Board facilities, i.e. Hillcrest. In order to meet the diverse needs of our clients and their families, a variety of residential and supportive care options must be offered. Many other City departments must be involved in this process: City Attorney, Planning, Housing and Neighborhood Preservation, Public Works, Public Utilities, et cetera. Through these collective efforts, a facility will soon be completed unlike any other in the Commonwealth and a few others across the country. Virginia Beach is indeed a "Community for a Lifetime ". Sharon Martin, Chair - BizNet, advised BizNet, Inc. is a private, non-profit 501 (c) (3) all volunteer organization established in 1993. BizNet operates in close collaboration with Human Resources and Mental Retardation support services to promote the development of housing opportunities for Virginia Beach residents with developmental disabilities. Today, BizNet owns and manages two (2) townhouses, a single family dwelling and a duplex (Kentucky House, an intermediate care facility). These properties provide a range of services for seventeen (J 7) adults. There were no public funds used to acquire these properties. Fundraising activities helped facilitate development of housing for persons with disabilities. Mrs. Martin cited the BizNet Board of Directors: Sharon Martin, President Dr. Alan Bartel Ed Clowes Jerry Lake Jeff Loeb Bob Miller Richard Murphy Dr. Tony Thomas John Waller, Sr. Karen Waller Rob Weber September 26,2006 - 4- C IT Y MANA G E R 'S B R IE FIN G BIZNET PROJECT ITEM # 55605 (Continued) Mrs. Martin advised many of the Board Members have a family member that is developmentally delayed. The most recently completed project, Kentucky House, is the basis for the design of BizNet Village. The success of this project was accomplished through partnership with the City. Biznet's Role Sharing expertise on special needs of the population Planning and architectural design of project Fund raising for specialized equipment The next fund raising goals will encompass: auxiliary power system, appliances (refrigerators, freezers, ovens, dishwashers) and furniture at a cost of approximately $200,000. How the Community Can Help · Purchase a brick paver - $200 · Purchase a leaf - $250 or flower - $500 from the giving tree 'Purchase a room - $5,000-$10,000 Greg Dragas, Chair - Virginia Beach Community Development Corporation (VBCDC) acknowledged members of staff: Mary Kay Horoszewski, Executive Director and Sharon Shoff, Community Development Administrator. These are the individuals who actually" perform the work ". The Virginia Beach Community Development Corporation (a 501 (c) (3) nonprofit corporation) was created in 1985 by the Virginia Beach City Council to provide housing opportunities for low and moderate income families and assist the City in neighborhood revitalization. The Board of Directors are appointed by the City Council. VBCDC Board of Directors Greg Dragas, President Barbara Clevenger, Vice-President Carol Hare, Secretary/Treasurer Elsie Barnes, Director Brian Camden, Director Ann Crenshaw, Director Christopher Fanney, Director Denise Howard, Director Helen Moore, Director Emmanuel Voces, Director Robert Templeton, Director Engineer Retired Bookkeeper Attorney Professor Construction Manager Attorney Reverse Mortgage Lender Banker Retired School Principal Attorney Loan Officer September 26,2006 - 5 - CITY MANA GER 'S BRIEFING BIZNET PROJECT ITEM # 55605 (Continued) Who Do We Serve? Low-moderate income families, elderly and disabled Homeless families and individuals 2/3 of tenants make < $30, 150/year Median income of tenants is $19,590 - 40% less than areas median income for family of 3 75% of tenants are working families 25% not working - majority are disabled/elderly VBCDC'S Role is project owner, developer, property manager, securing construction financing and securing permanent financing and project grants. Development BudJlet-Uses of Funds Site work $268,000 Construction $2,773,000 Pre-DevelopmentCos~ $27,000 DevelopmentCos~: Contingency $195,000 Architect's Fees $22,000 Construction Interest $44,000 Other Development Costs $175,000 Developer's Fee $146,000 Total Uses $3,650,000 eve opment u tget - ource 0 un s City DHS Grant ~1,400,000 City of Virginia Beach DHNP Grant '$770,000 ~tate of Virginia DHCD Grant '$500,000 !Federal Home Loan Bank Grant '$155,000 !BizNet, Inc. Fundraising $147,000 VBCDC Contribution $20,000 VHDA Grant $10,000 VHDA SPARC Loan (3.7%,35 years) $648,000 Total Sources $3,650,000 D I B d S ifF d (Land donated by the City of Virginia Beach) September 26, 2006 - 6 - C IT Y MANA G E R 'S B R IE FIN G BIZNET PROJECT ITEM # 55605 (Continued) VBCDC - Annua )peratinJ! u fRet IIncome: ./ Rent income pd by DHS $76,530 ($3,190/bldJ!/mo) ./ VBCDC Operating Subsidy $12,000 Total Income $88,530 !Expenses: ./ PersonnellBenefits $13,200 ./ Indirect Costs $4,700 ./ Property Maintenance and $14,360 Replacements ./ Trash RemovaVLawn Maintenance $6,600 ./ Termite/Pest Control $1,200 ./ Property Insurance $9,000 ./ Utilities (street lights) $1,200 ./ Debt Service $33,200 ./ Required Replacement Reserve $4,800 Total Expenses $88,530 10 B d Project Status July 2006 Project construction funding secured August 2006 Construction work began October 2006 Groundbreaking Ceremony July 2007 Expected Completion Date Fall 2007 Residents begin to move in The Mayor inquired, after completion of Biznet, are there funds available for replacements, repairs, unforeseen calamities such as fires. Mary Kay Horoszewski, Executive Director, advised a "set aside" in the Operating Budget provides for future repairs. Mr. Dragas displayed a layout of the property, located around the corner from the Municipal Center on West Neck Road. September 26,2006 - 7 - C IT Y MANA G E R 'S B R IE FIN G BIZNET PROJECT ITEM # 55605 (Continued) Martha McClees advised BizNet is truly a community wide effort and will assist in creating future projects as unmet needs are continued to be addressed. The City Council is invited to attend the Groundbreaking Ceremony: Tuesday, October 31, 2006, 11:00 A.M. 2756 West Neck Road. Due to limitations re parking and access, a small group of individuals are being invited. A major community event will be help upon the official opening next year. Mrs. McClees referenced the City Council Agenda item: 2.a. Ordinance to ACCEPT and APPROPRIATE $1,210,922 in State, Federal, Gift Fund and Fee Revenues to the FY 2006-07 Department of Human Services operating budget to provide additional mental health, mental retardation, Social Services and Community Corrections services The General Assembly completed its work later than usual. The City was notified of Virginia Beach's funding later than typically the case. Human Services is very pleased additional funds are being provided to respond to "at risk" individuals. Relative the percentage provided by the City to match the mental health funding from the State, Dr. Jenkins advised the State Code delineates the State will pay up to 90% of the cost. Many localities have interpreted this as the local match is 10% even though, State commitments have not kept up with the 90%. The Mental Health budget is approximately $35-MILLION and the City's contribution is approximately 28rrJ29%. Without volunteers, the quality of services could not be provided. September 26, 2006 - 8 - CITY MANA GER'S BRIEFING COMPENSATION AS A BUDGET DRIVER 1:30 P.M. ITEM # 55606 Susan Walston, Chief of Staff, advised Fagan Stackhouse, Director - Human Resources, was distributing copies of the presentation "Compensation As a Budget Driver". Said information is hereby made a part of the record. Mrs. Walston referenced the Overall Costs chart (between the Reserves and the Personnel categories. Over 50% of expenses are dedicated to this budget driver (Compensation). I Overall Costs EXPENDITURES FY07- 08 Major Categories $863.5M * Include. $45.8M = rollover compensation . Personnel . Operations C Capital C Debt Service . Reserves I Overall Costs FY07-08 Personnel Costs $391.6M** H.,.lthlnsurance 7.53'1t1 Miscellaneous Fringe Bonefll> 0.22% lifelnsurallCe Retirement 11.48% - Doe. not Include $45.8M rollover compensation In reserves (salary & health) F.I.C.A 5.54% Qwrtime 2.20% P.-t-Tlme 3.24% III Full-Time C Other Per1lOOnol Costs IILifelnaurMCo . Part-Time .F.I.C.A DHulthlnsurance t:lOvertime "Retirement . Miscellaneous Fringe Benefill. September 26, 2006 - 9- CITY MANA GER 'S BRIEFING COMPENSATION AS A BUDGET DRIVER ITEM # 55606 (Continued) Personnel costs and the various components in Fiscal Year 2008 is $391.6-MILLION. Mrs. Walston advised all the personnel costs are depicted in the "pie chart ". However, the unfunded liability is not contained within this chart. The Chart does not include $45.8-MILLION (rollover compensation). Fagan Stackhouse, Director of Human Resources, before sharing information about the compensation system and trends, recognized members of the Compensation Budget Driver Committee: Marcy Sims (Libraries), Donna Brehm (Fire), Cheryl Williams (Human Services), Marjorie Smith (City Attorney's Office), Attorney Mike Maher (Management Services) and the Human Resources staff. Mr. Stackhouse also recognized Regina Hilliard, Compensation and Staffing Manager, who will provide further information. . The City needs dedicated, energized, and creative employees to be truly successful . A competitive compensation system is critical to attracting and maintaining a quality worliforce . It is essential to strike a balance of affordability, competitive compensation and a quality worliforce which results in high quality services delivered This is a diverse group of employees that are reviewing the compensation program and comparing it against "best practice "jurisdictions. We will also solicit employee input through focus groups as the system is being reviewed and compared. In addition to health care and retirement, there are other programs that are significant components of the City's compensation system. These components are typical of most jurisdictions: Pay (Salaries), Incentive and Leave Programs. Pay Program Three Pay Plans for Employees o General Plan . All non-exempt employees (eligible to earn overtime) . Approximately 5000 employees o Administrative Plan . All exempt employees (not eligible to earn overtime) . Approximately 1000 employees o Part-time Hourly Schedule . Approximately 1200 employ September 26,2006 - 10- C IT Y MANA G E R 'S B R IE FIN G COMPENSATION AS A BUDGET DRIVER ITEM # 55606 (Continued) I Pay Program: Growth in Salary Costs ~ $350.000,000 'E .. $300,000,000 d ~ $250,000.000 ] ~ $200,000,000 ~ $150,000,000 (J ~ $100,000,000 It ~ $50,000,000 $0 ~ ~ ~ ~ ~ ~ ~ 01102 02t03 03/04 04t05 05106 06t07 07/08 Growth from 2001 to 2007 is 33% Pay Program: C;ro~th in City Positions 1000 6800 6600 j 6400 i 8200 ~ 6000 J 5800 5800 5400 FY 00/01 FY 01102 FY 02103 FY 03104 FY 04105 FY 06106 FY 06107 Pay I)rogram: Gro~th in Compensation: IJocalArea Cities Comparison GroW'th In P.r~nn.1 Co._ In Local Market Cltl.. 8.0% 7.0% ~ 8.0% ~ J I 5.0% 4.0% 3.0% 2.0% 1.0% O.ODk Portamouth N.W'port Newa Hampton Virginia Ch__p..ke B..ch September 26,2006 - 11 - C IT Y MANA G E R 'S B R IE FIN G COMPENSATION AS A BUDGET DRIVER ITEM # 55606 (Continued) The Growth in City Positions Chart reflects a growth in the number of positions from 5,916 in FY 2000/01 to 6,820 in FY 2006/07. Most of the growth is related to essential service areas and the opening of new or expanded facilities or services. The organization grew approximately 1057 positions in this seven- year time period. This constitutes about a 15% increase in employee growth. The cost in today's dollars is approximately $60-MILLION dollars. 1,057 positions equate to one-half the employee population of Portsmouth and represents approximately the number of employees in Charlottesville, Virginia. Relative the Chart entitled: Growth in Compensation - Local Area Cities Comparison, the bars represent the average % increase within a 6 year span for each organization. This strictly encompasses the "take home pay" component (not retirement or health care). Virginia Beach averaged approximately 6% increase in growth each year, which is consistent with area cities. Highest annual average is Chesapeake at 7%. For Virginia Beach: merits, promotions, compression, market adjustments, etc. all contributed to increased compensation costs. The increases in the population are not addressed. This reflects purely the salary growth per employee. The City Manager advised the rate of increase in terms of compensation and benefits as well as change in the Capital Improvement Program is growing faster than the rate of population growth. Information relative population increases compared with other cities in the Hampton Roads region shall be provided. Last year the annual growth of the City was approximately 1200 and varied from 3,000 to 4,000 per year during the time frame depicted. Family size continues to decrease. Councilman Diezel referenced some of the drivers to increase staffing was a mandatory charge i.e. the Juvenile Detention facility. The City Manager advised this information is contained within the Budget document examining expenditures and employees per capita and comparing same on a regional basis. Mr. Stackhouse described the Incentive Programs: Merit Increases 1\fovement across tl-:le pay ranges based on perforn-:lance w Prior to 1995: Behaviorally-anchored rating scale of 2.5%, 5%, 7.5% w 1995: "Satisfactory Job Performance" approach September 26, 2006 - 12 - CITY MANA GER 'S BRIEFING COMPENSATION AS A BUDGET DRIVER ITEM # 55606 (Continued) Regina Hilliard referenced the remaining incentives. In three of the last six years, the City of Virginia Beach met the merit goal of providing 4.5%. During FY 2001- 2002, Newport News provided the highest pay increases amounting to 6.00%. Over the next four (4) years, the City has provided somewhat comparable increases to their employees. Chesapeake was the exception during FY 2002-03, providing no annual increase. For the current year, FY 2006-07, the City of Noifolk is providing 6.00%. In general, this chart depicts the City's annual merit increases have been consistent with the pay increases provided by other localities in the area. Incentive Program: Comparison of Salary Increases in Local Market Comparison of Combined General and Mern Increa... In Local Market .~ ._00 . - .- IIPOItImou\II .VI< 'niaBeectl . ; I Concerning other Incentives, primarily the Bonus and Administrative program are utilized. Bonus Increases Lump sum monetary reward Recognizes outstanding performance Typically equivalent to 1% - 5% of salary Costfor the program is approximately $400,000 per year entailing approximately 350 employees. Administrative Increases Increase to base salary Primarily used to retain employees with specialized skill sets Typically equivalent to 1% - 5% of salary Cost rangesfrom $36,000 in FY 2003/04 to a high of $83,000 In FY 2004/05 The combined cost of the Bonus and Administrative Increase programs has been approximately $500,000 September 26, 2006 - 13 - CITY MANA GER 'S BRIEFING COMPENSATION AS A BUDGET DRIVER ITEM # 55606 (Continued) PEER Program City employees/volunteers recognizing their peers Awardfor promoting excellence in support of the City's mission Typically between $250 and $500 Approximately $30,000 has been budgedfor this program. Mr. Stackhouse detailed the various aspects of the Leave Program: Leave Program II Annual (Vacation) Leave o Graduated accrual .. 8 hours per month: under 5 years of employment .. 10 hours per month: 5 up to 10 years of employment .. 12 hours per month: 10 years up to 15 years of employment .. 14 hours per month: 15 years up to 20 years of employment .. 16 hours per month: 20 years or more of employment o Maximum carry over and/or payout: 400 hours . Sick Leave LJ Consistent accrual of 8 hours per month - no cap on accrual LJ Payout at retirement: $28/day for unused balance The City of Newport News has a combined Annual and Sick leave. September 26, 2006 - 14 - CITY MANA GER 'S BRIEFING COMPENSATION AS A BUDGET DRIVER ITEM # 55606 (Continued) I I..,eave Program . Other Leaves u Holidays: 11_5 days u Miscellaneous leaves .. Court leave: Witness in non-personal litigation .. Funeral leave: Up to 5 days for immediate family members .. Jury leave: Summoned to serve as jurors Mr. Stackhouse advised there was an increased annual leave usage from 2002 through 2004, with a slight decrease 2005. Sick leave usage remains constant. Industry averages 6-8 days/year. Typically, an employee would take approximately three (3) weeks per year in both sick and annual leave. Examining more closely, some departments might have a sick leave usage rate of 4 days and then the next year 8 days. A more thorough examination reflects long term illness for some employees. Information shall be provided relative the cost of lost productivity through sick leave. Mr. Stackhouse advised of the utilization of the sick leave bank and sick leave donation by fellow employees. Increase in cost per holiday: Average $235,000 in Overtime The City of Virginia Beach has two (2) Flexible days, which saves these overtime costs and lost of productivity. Concerning Holidays of other localities: Hampton, Portsmouth and Newport News 10 Chesapeake: 10.5 Norfolk: 11 Suffolk: 12 State of Virginia 12 What's Next? . Reviewing Best Practices . Continuing work planned for the immediate future u Market Salary Survey o Review of vertical salary compression among non-public safety employees o Implement second year of Public Safety combined horizontal and vertical salary compression adjustments o New Human Resources Information System that will provide flexibility in programs o Review performance management system to ensure it addresses productivity and accountability September 26, 2006 - 15 - C IT Y MANA G E R <S B R IE FIN G COMPENSATION AS A BUDGET DRIVER ITEM # 55606 (Continued) Council Lady McClanan expressed concerned re the market salary survey being utilized as the basis and requested information be provided concerning the other cities' salary composition, existence of unions and their reflection of the constituency which they serve. To have accuracy, comparability must exist. Mrs. Walston advised the market salary survey only encompasses cities within the Hampton Roads Region (Newport News, Hampton, Portsmouth, Chesapeake and Norfolk). The City Manager advised benchmarking is a different practice in which salaries and benefits are reviewed around the United States. Councilman Diezel concurred with utilizing twenty-nine (29) jurisdictions around the country for the process of benchmarking. Councilman Diezel requested the benchmarking options be displayed depicting current practices and the recommended practices with costs associated i.e. if 400 hours of sick leave is granted for a senior employee, the recommendation to change and cost resulting should be exemplified. Suggestions have been made to utilize the military model of thirty (30) days annual leave. If this leave is not utilized by January First, the leave is lost. Councilman Diezel requested the costs associated with crediting sick leave in retirement. Council Lady Henley referenced the newspaper article re retiree health costs and the impact on local and state governments. Mr. Stackhouse advised a value statement is produced for each employee (encompassing all benefits). Sample information of various employee positions shall be provided to City Council. September 26,2006 - 16- C IT Y MANA G E R 'S B R IE FIN G YEAR-END FUND BALANCE 2:40 P.M. ITEM # 55607 David L. Hansen, Chief - Finance and Technology, advised information re the Preliminary Status - Unaudited Results for Fiscal Year ended June 30, 2006, will be provided. Over the last two (2) months discussions have ensued re GASB 45 which is a continuing process of the financial community. The Unfunded Liability associated with Virginia Beach Schools has also been provided; and combined, this exceeds $30-MILLION Virginia Beach School Board Chair Dan Edwards is recording today's City Council Briefing as many of the School's financial statements are included therein and address the GASB 45 requirements, Patricia Phillips, Director of Finance, advised the year ended June 30, 2006. The books are not closed until mid August and from August to November, traditionally, the full audited Comprehensive Annual Financial Report (CAFR) is presented to City Council. Don Barnett, the City's Comptroller, and Lori Reimann, Principal Accountant, have been preparing the material for audit. In November, the full report shall be presented to City Council. .....Status of Three Major Funds -General fund -School Operating Fund -Water and Sewer ,Status of General Fund Balance p City Manager Recommend"tions f rSchedule to Address September 26,2006 - 17 - C IT Y MANA G E R 'S B R IE FIN G YEAR-END FUND BALANCE ITEM # 55607 (Continued) Actual $908.5 ~87;;.,L General Fund Statement of Revenues, Exp Changes in Fund Balance - Unaudited For the Fiscal Year Ended June 30, 2006 (in mi (Unaudited) Revenues Budget $873.5 -.-914.3 Expenses Excess Revenues Over (Under) Expenses ( 40.8) ~4_ $ 98.6 ..._...~.~u......__..__u. Fund BahlOce - July 1 Fund Balance - June 30 Less: Reservations lJndesignated Fund BlIlance 33.4 _J.39.....4- $172.8 49.7 $123...1..... $ 123. I-MILLION (Undesignated Fund Balance) is not surplus. This represents cumulative surpluses since theformation of the City of Virginia Beach. The City did not over budget Fiscal Year 2006. September 26, 2006 - 18 - CITY MANA GER 'S BRIEFING YEAR-END FUND BALANCE ITEM #55607 {Continued} Mrs. Phillips advised there were strong revenue performances this year with expenses and they were more carefully managed. The Revenues exceeded budget by $35-MILLION. Policy Level 120/0 110/0 100;0 Fund Balance GENERAL FUND FUND BALANCE POLICY June 30, 2006 (Unaudited) (millions) $ 115.2 105.6 96.0 4.3 1.0 2.4 (0.2 ) 7.8 0.2 GENERAL FUNl) SIGNIFICANT REVENUES COMPARED T BUDGET - $35.3M (unaudited) Real Estate Personal Property Taxes Utility Taxes Business Licenses General Sales City Tax on Deeds Hotel Tax Restaurant Meal Taxes Cigarette Interest and R Other Loca $(0.4) 17.4 September 26, 2006 " - 19 - C IT Y MANA G E R 'S B R IE FIN G YEAR-END FUND BALANCE ITEM # 55607 (Continued) GENERAL FUND Expenditures Less Than Budget by $ 30.6 (Unaudited) Schools City - Police --- Human Services - Public Works - Planning .9 - Libraries .9 .-- Debt Service 2.7 - Reserve for Sandbridge Tra.psfer 9.0 - Other 4.4 Mrs. Phillips advised the Reserve for the Sandbridge is really not a savings, but a reservation.. School Operating Fund-Statement of R Expenses & Encumbrances For the Fiscal Year Ended June 30, 2006 (in (Unaudited) Revenues Budget $272.3 2.7 316.6 14.4 Actual City Local From Commonwealth From Federal Government Total Revenues $~06.0 ~_~Q9J! EXPENDITURES AND ENCUMBRANCES $61(i,-~ $.fi.1t~t September 26, 2006 - 20- CITY MANA GER 'S BRIEFING YEAR-END FUND BALANCE ITEM # 55607 (Continued) WATER & SEWER ENTERPRISE Statement of Revenues, Expenses, and Encumb For the Fiscal Year Ended ,June 30, 2006 (in millions) (Uuaudited) Budget Actual Revenue: Sale of Water S 42.5 39.4 ----5.9 $.,..87..8. ~ Charges for Services Miscellaneous Revenue Total Revenues Expenses (incl. encumbrances) II>- Difference is from Cash ---L4JL $.9.8.6 $.M..l. Mrs. Phillips detailed the City Manager's Critical Items to fund. The $5.5-MILLION (site acquisition fund) is a replacement as the entire amount has been budgeted for 2007. This replacement will provide City Council with flexibility in the future. 1. Site Acquisition Fund 2. 1 st Installment - Retiree Health Care 3. Shore Drive - Design, ROW, Utility Relocation September 26,2006 - 21 - CITY MANA GER'S BRIEFING YEAR-END FUND BALANCE ITEM # 55607 (Continued)) GASB 45 - Accounting for Post Employment Bene Other Than Pensions r Other Post-Employment Benefits (OPEB) are be employee receives in retirement - like health insu )'" Will need to record a liability for the differenc PayGo and the calculated amortization (ARC; 2008. This liability reduces "Unrestricted r The existence of a large liability will adversely impact governments' credit ratings and ability to issue debt' there is no plan to address. r Address now and in plau;ningfor 2007-08 budget. Mrs. Phillips spoke re the issue of GASB 45 on August 8, 2006. S1.JMMARY OF CITY AND SCHOOLS OPEBL . (in millions) Q!x Schools Actuarial Liability $170.2 Annual Required Contribution 18.3 Pay-Go 4.2 6.2 Net Contribution Increase $14.1 $18.0 Mrs. Phllips referenced the liabilities reflected in the chart will be calculated again prior to June 30, 2008. The State liability is $2-BILLION. The Norfolk Retiree Health is between $140 and $180- MILLION with Portsmouth being between $240 and $270-MILLION September 26, 2006 - 22- C IT Y MANA G E R 'S B R IE FIN G YEAR-END FUND BALANCE ITEM #55607 (Continued) PRO.JECTION OF UNRESTRICTED Entity Wide Statements (in millions) City Schools 2005 $96.1 $22.6 2006 96.1 22.6 11 2007 96.1 22.6 11 2008 82.0 4.6 86.6 2009 67.9 (13.4) 54.5 2010 53.8 (31.4) 22.4 2011 39.7 ( 49.4) FUNDING PLAN Unfunded Liability - GASB 45 (in millions) FY06 FY07' Net Year End Year End ARC Fund Balance Fund Balance 43.9% City $14.1 $ 4.7 $ 4.7 56.1 % Schools 18.0 6.0 6.0 $32.1 $10.7 $10.7 $10.7 Mrs. Phillips advised the GASB 45 provides for the recommendation to place the funds in a trust fund similar to the City's Deferred Compensation Plan. Mrs. Phillips will verify, but does not believe the City is required to be under the Federal Pension Benefit Guaranteed Interns Program. September 26, 2006 - 23 - CITY MANA GER 'S BRIEFING YEAR-END FUND BALANCE ITEM # 55607 (Continued) OTHER POST EMPLOYMENT BENE FUNDING PLAN · If this plan is followed, no liability will shown on 6-30-08 "Statement of Net A · Credit markets will view favorably a approach to meeting long-term lia · Earnings generated by invested funds represent true resources for future use. GENERAL FUND FUNn BALANCE POLICY .June 30, 2006 (Unaudited) (millions) $123.1 Policy Fund Amount Level Balance Excess 120/0 $ 115.2 $ 7.9 110;0 105.6 17.5 100;0 96.0 27.1 Mr. Hansen advised the General Assembly is reviewing the legal ability of Municipalities to create trust funds to address GASB 45. Information shall be provided re the health care retiree liability. BY CONSENSUS, City Council shall again discuss this information on October 3,2006, prior to any decision. There is over $l-BILLION in requested but unfunded projects. September 26,2006 - 24- CITY COUNCIL COMMENTS 3:40 P.M. ITEM # 55608 Council Lady Henley referenced the City Zoning Ordinance re Bars and Nightclubs scheduled for the City Council Session of October 10, 2006. Ordinance to AMEND Sections 111,233.1, 701, 901, 1001, 1501, 1511 and 1521 re the City Zoning Ordinance, defining the terms "Alcoholic Beverage" and "Bar or Nightclub ", requiring conditional use permits for Bars or Nightclubs and establishing other regulations pertaining to Bars or Nightclubs in the H-1, B-1, B-2, B-3, B-3A, B-4, B-4C, B-4K, I- 1,1-2, RT-1, RT-2 AND RT-3 Zoning Districts Council Lady Henley referenced the shootings at Miami Restaurant and Grill Nightclub on Friday, September 22, 2006, at 1,' 15 A.M. Council Lady Henley inquired relative some type of enforcement. The City Attorney advised State legislation would be required to increase the authority of the Alcoholic Beverage Control Board. If these bars become a nuisance (the operation of the facility rises to the level of a nuisance, as stipulated under the law), the Commonwealths Attorney files a petition of the Court to close said business as same has been determined to be a nuisance. There is no definition in the ABC law between a restaurant, a bar or nightclub. The ABC Board regulates these facilities according to regulations. The City Attorney advised the new City Zoning Ordinance does not affect existing establishments. Council Lady McClanan advised the rule relative being within "500 feet of a residence" does not apply to this Club. Generally, when a Club is to be opened, the Police Department asks the neighbors, if there is any opposition. Charles Meyer, Chief Operating Officer, advised the Golden Coral was changed into a Craw Daddies Restaurant and then changed to the Club Miami. The owners did not change; however, the format did. As there was no significant change in the ownership or management, this was a routine process and "by right" development. Councilman DeSteph requested co-coordinating with the City Attorney concerning ordinances which would strictly handle these types of establishments. ITEM # 55609 Council Lady Henley distributed information re the Boardwalk History Fest - 2007 "Everybody Has a History" accompanied by a questionnaire requesting participation on April 28, 2007. Said information is hereby made a part of the record. It is hoped that every group (neighborhood, church, school, organization, business, family, et cetera) will participate by telling their history through a display of design at the Virginia Beach Boardwalk on Saturday, April 28, 2007. The year 2007 marks a great milestone for Virginia Beach, as well as for Jamestown, because it was on our soil that the first permanent English settlers first landed and began their exploration of the new world. All are invited to celebrate on April 26, 27, 28 and 29, 2007. September 26, 2006 - 25 - CITY COUNCIL COMMENTS ITEM # 55610 Council Lady Wilson distributed copies of e-mails from Virginia Oliver Smith and Lynn Oliver Adams. Council Lady Wilson referenced a newspaper article last week regarding the Lynnhaven House and a family member being less than enthusiastic re the house being acquired by the City. The majority of the Oliver Family is pleased as illustrated by these e-mails. The patriarch of the family, Marcus Oliver, who resides in the western part of the State, is very enthusiastic. September 26,2006 - 26- AGE N DA REV IE W S E S ION 4:12 P.M. ITEM # 55611 J.3. Resolution FORWARDING the 2007 Community Goals and Objectives to the City's local Delegation to the General Assembly re preparing and supporting legislation during the 2007 Session of the General Assembly This item shall be discussed during the Formal Session. ITEM # 55612 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Ordinance to A UTHORIZE the City Manager to execute a lease for less than five (5) years (September 27,2006 through September 30,2009) with the Candy Barn, LLC at the Farmer's Market (Space No. 37). 2. Ordinances to ACCEPT and APPROPRIATE and/or TRANSFER: a. ACCEPT and APPROPRIATE $1,210,922 in State, Federal, Gift Fund and Fee Revenues to the FY 2006-07 Department of Human Services operating budget to provide additional mental health, mental retardation, Social Services and Community Corrections services b. TRANSFER $50,000 from Reserve for Contingencies to the Department of Management Services FY 2006-07 operating budget re a programmatic review of the current assessment process c. TRANSFER $18,000from the FY 2006-07 Reservefor Contingencies to the Council Donations account and DONA TE these funds to the School's Education Foundation September 26, 2006 - 27- AGE N DA REV IE W S E S ION ITEM # 55613 BY CONSENSUS, thefollowing items shall compose the PLANNING BY CONSENT Agenda: K. PLANNING 1. Application of CAR SPA, INC. for a Conditional Use Permit re a car wash at Northampton Boulevard and Diamond Springs Road. (DISTRICT 4 - BAYSIDE) 4. Application of DR. ALAN MAHANES for a Chanf!e of Zoninf! District Classification from AG-2 Agricultural District to Conditional 0-1 Office District with Historical and Cultural Overlay at 2513 North Landing Road re a dental office and additional space for lease. (DISTRICT 7 - PRINCESS ANNE) 5. Application of LA GO MAR ASSOCIATES, L.L.C. for a Chanf!e ofZoninf! District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District at 801 Artesia Way to develop single-family dwellings. (DISTRICT 7 - PRINCESS ANNE) Item K.4 will be DEFERRED, BY CONSENT, until the City Council Session of October 10,2006. Item K.5 will be DEFERRED, BY CONSENT, until the City Council Session of October 10,2006. September 26, 2006 - 28 - ITEM # 55614 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property: Beach District Princess Anne District LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). BRAC AHR Communications, Inc. v. City of Board of Zoning Appeals AHR Communications, Inc. v. City of Virginia Beach Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (4:35 P.M.). Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Recess: 4:35 P.M. - 4:42 P.M.) (Closed Session: 4:42 P.M. - 5:50 P.M.) (Dinner: 5:50 P.M. -6:10 P.M.) September 26, 2006 - 29- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 26,2006 6:15 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 26, 2006, at 6: 15 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Absent: James L. Wood [Absent had to leave early due to illness] INVOCATION: Father Joseph A. Slattery Holy Family Catholic Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. September 26,2006 - 3U - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55615 Upon motion by Councilman Dyer seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City CounciL Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood September 26, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREA~ The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55614, Page 28, and in accordance with the provisions of The Virginia Freedom of Information Ac~ and, WHEREA~ Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity wth Virginia law. NOfY, THEREFORE, BE IT RESOL VED That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~4~ uth Hodges Smith, MMC City Clerk September 26, 2006 - J 1 - Item V-F.1. MINUTES ITEM #55616 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED Minutes of the INFORMAL and FORMAL SESSIONS of September 12, 2006. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood September 26,2006 - 32 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #55617 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 26, 2006 Item V-H.1.a. PUBLIC HEARING - 33 - ITEM #55618 Mayor Oberndoif DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY - Farmers Market The Candy Barn, LLC There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING September 26, 2006 - 34 - Item V-H.2. RECOGNITION ITEM #55619 Mayor Oberndoif recognized the following Boy Scouts in attendance to fulfill requirements for their Communications and Citizenship badges. Both badges are Eagle Merit badges. Troop 471 Salem United Methodist Church Allie Satoski Dylan Covert Joey Ray Trevor Devlin Andrew Davis Crandall Miller Riley Moser Gordon Bowen Drake Petterson Chris Ulp Andrew Strautman Roger Maylon Alex Maylon Tyler Moser Marty Morgan Lucian Waltz Eric Petterson Russell Morgan Lisa Satoski Pat Morgan John Ulp Scout Leaders September 26, 2006 - 35 - Item V.J.l. ORDINANCES/RESOLUTION ITEM #55620 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances/Resolution 1, and 2a/ble of the CONSENT AGENDA Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood September 26,2006 - 36 - Item V.J.1. ORDINANCES/RESOLUTION ITEM #55621 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute a lease for less than five (5) years (September 27, 2006 through September 30, 2009) with the Candy Barn, LLC at the Farmer's Market (Space No. 37). Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood Item V. J. 2. a//c. September 26,2006 1 2 3 4 5 6 7 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH THE CANDY BARN, LLC FOR CITY OWNED PROPERTY KNOWN AS SPACE #37 IN THE VIRGINIA BEACH FARMER'S MARKET IN THE CITY OF VIRGINIA BEACH 8 9 WHEREAS, the City of Virginia Beach ("the City") is the 10 owner of The Farmer's Market located at the corner of Princess 11 Anne and Dam Neck Road in Virginia Beach, Virginia (the 12 "Property") ; 13 WHEREAS, The Candy Barn, LLC ("Candy Barn") would like to 14 enter into a formal lease arrangement with the City for Space 15 #37 in the Property (the "Premises"); 16 WHEREAS, the Premises will be utilized as a retail 17 establishment and for no other purpose; 18 WHEREAS, Candy Barn has agreed to pay the City $282.00 per 19 month ($3,384.00 per year) for the use of the Premises for a 20 three year period; 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 22 CITY OF VIRGINIA BEACH, VIRGINIA: 23 That the City Manager is hereby authorized to execute a 24 lease for a term of less than five (5) years between The Candy 25 Barn, LLC and the City, for the Premises in accordance with the 26 Summary of Terms attached hereto and such other terms, 27 conditions or modifications as may be satisfactory to the City 28 Attorney and the City Manager. 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia on the 26th day of septembef 2006. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT Signa ~~C0L\U Department CA10104 V :\applications\citylawprod\cycom32\ Wpdocs\D007\POO I \000 19775 .DOC R-1 September 11, 2006 SUMMARY OF TERMS LEASE FOR SPACE # 37 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Space #37 - The Candy Barn, LLC. TERM: September 27, 2006 through September 30,2009 RENT: $ 282.00 per month ($3,384 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for retail enterprise consistent with the purpose of the Farmers Market. Maintain leased space, including heating and air conditioning units; pay all assessed fees. Purchase commercial general liability insurance. Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Farmers Market and structural elements of the leased space. Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee Sixty (60) days notice. V :\applications\citylawprod\cycom32\ Wpdocs\D007\POO I \000 19776 .DOC / I ~ , , ~ ' . - , ~ I ~ I. E-4 s ii <t 11,11 i ~blli~ h~ il I:;~ ~111t1 i! ~ ~f~. ~ii IiI. Ii ~ ~~~FR:' i~al ~ a~;!~ !Ii"' ~ ~ I'l'f ~ I!~I I I " I ,--- I I r ' I, , , t , r; - _ _ ,~, , I u- - - ---1 : I , ,-" I, , I I I I LI " ~ I, I!... _ I I ,--0 _ _ -_; _ _, J I --- ---"'_D - -.- - L ,.. , I I, , , \ [] ....."',..,.".. I ....,.'.,..,. I ..:... : - - -- --- I ------'. I - -_.JJ'- - - - -. _ _ _ _ _ . r.:. I ----------------------Et---------,- r::J I - - - - - - -Q 9 __ - - ( !.,p I , I I I '" I -- I ~ - " ftNNS )to. pJlll'lCSSS ~ o 0000 ~g:o o - 37 - ORDINANCES/RESOLUTON ITEM #55622 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE and/or TRANSFER: a. ACCEPT and APPROPRIATE $1,210,922 in State, Federal, Gift Fund and Fee Revenues to the FY 2006-07 Department of Human Services operating budget to provide additional mental health, mental retardation, Social Services and Community Corrections services b. TRANSFER $50,000 from Reserve for Contingencies to the Department of Management Services FY 2006-07 operating budget re a programmatic review of the current assessment process c. TRANSFER $18,000from the FY 2006-07 Reservefor Contingencies to the Council Donations account and DONA TE these funds to the School's Education Foundation Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood September 26, 2006 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $1,210,922 IN STATE, FEDERAL, GIFT FUND, AND FEE REVENUES TO THE FY 2006-07 DEPARTMENT OF HUMAN SERVICES OPERATING BUDGET TO PROVIDE ADDITIONAL MENTAL HEALTH, MENTAL RETARDATION, SOCIAL SERVICES, AND COMMUNITY CORRECTION SERVICES WHEREAS, additional funds have been made available to the 9 Department of Human Services to provide mental health, mental 10 retardation, social services, and community correction services, 11 and these funds must be appropriated. 12 13 14 15 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the FY 2006-07 Department of Human Services 18 Operating Budget is amended for the purposes and in the amounts set 19 forth below: a. That $422,494 in additional state revenue is hereby appropriated to provide additional mental health and mental retardation services, including the leasing of a facility; b. That $185,443 in additional state revenue and $40,331 in additional federal revenue are hereby appropriated to provide speech, occupational and physical therapy to children from birth to age three; c. That $62,996 ln additional state revenue and $10,200 in fee revenue are hereby appropriated to 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 lease and operate a facility to expand services at Skillquest for mental retardation consumers; That $8,831 ln additional federal revenue and $60,000 in fee revenue are hereby appropriated to provide support services to the Community Corrections Program; That $244,057 ln additional federal revenue and $171,570 in additional state revenue are hereby appropriated and that $33,532 is hereby transferred from the General Fund Reserve for Contingencies to provide mandated employment services to Temporary Assistance for Needy Families reauthorization; That $5,000 in fund balance is hereby appropriated from the Mental Retardation Gift Fund to provide literary, visual, and performing arts programs to adults with disabilities; and g. That estimated revenues are hereby increased by $1,210,922 and that eight full-time positions, with fringe benefits, are established in the FY 2006-07 d. e. f. Department of Human Services Operating Budget. 2. That $189,771 is hereby transferred within the FY 2006-07 Department of Human Services Operating Budget to ensure adequate transportation services, and that seven-and-one-quarter part-time positions are established. 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia, on the 26th day of September , 2006. 58 Requires an affirmative vote by a majority of the members of City 59 Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ l\. ~^(\/~Q6A- Management ser~ ) ~~ City AttorneY'S~fiCe CA10146 V:\applications\citylawprod\cycom32\Wpdocs\D013\P001\O0020309.DOC R-2 September 14, 2006 1 AN ORDINANCE TO TRANSFER $50,000 FROM RESERVE 2 FOR CONTINGENCIES TO THE DEPARTMENT OF 3 MANAGEMENT SERVICES FY 2006-07 OPERATING 4 BUDGET FOR A PROGRAMMATIC REVIEW OF THE 5 CURRENT ASSESSMENT PROCESS 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 That $50,000 from Reserve for Contingencies Funds is hereby 11 transferred to the Department of Management Services FY 2006-07 12 Operating Budget to fund a prograrmnatic review of the current 13 assessment process 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia, on the 26th day of september, 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -& CA10137 V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\OO019531.DOC R-2 August 30, 2006 I. PURPOSE THE CITY OF VIRGINIA BEACH IS SEEKING TWO SEPARATE PROPOSALS FROM FULLY QUALIFIED FIRMS FOR THE QUALITATIVE REVIEW, ANALYSIS, AND EVALUATION OF THE CITY'S ASSESSOR'S OFFICE RESIDENTIAL REASSESSMENT PROCESS AND FOR THE COMMERCIAL REASSESSMENT PROCESS AS OUTLINED IN THE FOLLOWING SPECIFICATIONS. SEALED RESPONSES MUST BE SUBMITTED TO THE CITY OF VIRGINIA BEACH, PURCHASING OFFICE, PRINCESS ANNE EXECUTIVE PARK, KEMPSVILLE BUILI4I~(Sj 1ST FLOOR, 2388 COURT PLAZA DRIVE, VIRGINIA BEACl]iVA 23456 NO LATER THAN 5:00 P.M. ON OCTOBER 30,2006 II. BACKGROUND The Assessor's Office is responsible to~rH'\ually reassess all ta)(:~~!~and tax exempt real estate in the city, fairly and eq~:it~~ly, in acyordance with St~t~}~~ and City Code and provide information and "'a$~i~tance to.. the City CouricjI, staff, State Department of Taxation and the public<regarding the land book<and individual assessments. Virginia Beach assesses property on a fiscal year, which runs July 1 to June 30 of each year. The most recent reassessmei'ltWa~c8mpleted duril"l~~~~preceding Calendar Year 2005 to be effective as of July1, 2006'iTh~ staff in th$Assessor's Office performed the reassessments. At the concl~sion of<th~i~8~...~etieral reassessment, concerns were raised by sarne members of\;{\~ginia Bea.91<City Council and the community regarding thevalueapd equity of as~essments,both commercial and residential and the needtpprovide good, quality aS$~ssments for property owners. Those concerns are the basis for this Request for Proppsals (RFP). Currently, VirginiaBeaChhas11~,095.parcels. The City of Virginia Beach is located inth~>>outh Hampton Roads areaofthe Commonwealth of Virginia, on the shores of the Che$~B~ake Bay/and the Atlantic Ocean. The City is empowered to levy a property taxon both re(iland personal properties located within its boundaries. The City shall provide acCess to the Assessor's Office and any other office deemed n~c::essary for the completion of this study. This access to the information in the Assessor's Office shall be during normal business hours, but special arrangements can be made for access at other times. The City will make available photocopy machines, fax machines, and Internet access, and will provide a computer with access to the mass appraisal software. Should the Contractor need paper copies, the City will work with the Contractor to provide copies at no cost. The City will also provide any digital information possible and will arrange for the Contractor to interview staff and any other individuals as needed. The City will address any other items the Contractor needs as soon as possible. However. it must be c1earlv understood that the City is not seekina reassessment services. 1 III. SCOPE OF WORK The City is requesting a qualitative review, analysis, and study of the 2006 residential reassessment process and a separate review, analysis, and study of the 2006 commercial reassessment process. Specifically the City desires to have the general reassessment process reviewed in different areas as outlined in this RFP. The primary focus of the review, analysis, and study of the FY 2006 general reassessment is to determine if the general reassessment by the City Assessor's Office is equitable to residential and commercial prope~~owners, that they have been completed in a satisfactory manner, met or exc~~Pth~> requirements of the Commonwealth of Virginia, and are consistent with th~~tandards of the International Association of Assessing Officers (IMO) and the YnifQI"l"Q.Standards of Professional Appraisal Practice (USPAP). A. Components of Work: 1. Residential Reassessments: Specifically, the Contractor shall: . Review, analyze and evaluate real property valuation practices, methods, a~9techniques used' inqetermining reassessments of residential prqperty; . Review, and analyze,~ndev~l~~~~l:llfappropriate management and ad.rninistrative pra~~i~es that<~~r directly related the residential re.assessment proc~ss and res4lts. . Review, analyze, ari~>evaluate the statistical practices that have been utilized in the re~idential reassessment process to ensure that theresultsm~et or e}(ceed the standards established by Virginia law andJor the iridustry. Provide benchmark best practices of similar localities in comparison with the City of Virginian in the Contractor's final report. . Provide recommendations on possible changes needed based on best practices of similar localities. . Provide interim status reports to the Department of Managements Services on preliminary findings related to residential assessments. . Provide 15 copies of a Contractor's Final Report to the Department of Managements and City Staff and City Council Members. 2. Commercial Reassessments: Specifically, the Contractor shall: 2 . Review, analyze and evaluate real property valuation practices, methods, and techniques used in determining reassessments of commercial property. . Review, analyze, and evaluate all appropriate management and administrative practices that are directly related the commercial reassessment process and results. . Review, analyze, and evaluate the statistical practices that have been utilized in the commercial reasse~~rpent process to ensure that the results meet or exceed theJstanqards established by Virginia law and for the industry. . Provide benchmark best practic~~of sirnilc;i'rlocalities in comparison with the City of Virginian in the Contractor'sr::ihal Report. . Provide recommendatiqos on possible changes<l'I~eded based on best practices of similaflocalities. . Provide interim status reports to the Department of Managements Services on preliminary findings related to commercial reassessments. . Provide 15cbpl~~ ....ef Final Rep~~ to the Department of Managements and City~tS!fl'(ind City (3ouncil Members. 3. Compliance Reauirements: The stu~~ will review, .... analyze, and study legal, administrative, n~~ulatory, and procedural/guideline compliance requirements that are iO'1Pose9i~B9nthe Assessor's Office. The extent of this analysis will involve only those issues under the scope of this study, that is the revaluation prograrn, and not a broad or in depth analysis of statutory r~quirernents. The primary purpose of this analysis is to ensure that the ~5sessor's.9ffice is adhering to the statutory law as well as to sound procedural processes that ensure best practices. 4. StudvScope and Conclusion Summary: The overall scope of this study will focus primarily on those identifiable issues that affect the residential and commercial reassessment process within the Assessor's Office when compared to the standards and practices of the industry for residential and commercial reassessments. Virginia law when applicable will be noted in the report. The Contractor will provide interim status reports, however, upon conclusion of the study, the Contractor will provide a final report which addresses specific written findings and recommendations for improvement that are consistent with best professional standards and practices. The report will include an executive summary of key findings. The contractor is expected to meet with and communicate their findings and recommendations to the Department of Management Services. In 3 addition, the Contractor may be requested to make an oral presentation to the City Council. The Contractor's final report will be delivered to the January 30,2007. IV. Proposed Timeline (DATES TO BE NEGOTIATED): Early Late Late November December January 2006 - Early Janua 2007 2007 Proposal XX Acceptance Data XX Gatherin Review Appraisal and XX Assessment Process Interim XX XX Report Final Report XX 4 1 2 3 4 5 AN ORDINANCE TO TRANSFER $18,000 FROM THE FY 2006-07 RESERVE FOR CONTINGENCIES TO THE COUNCIL DONATIONS ACCOUNT AND DONATE $18,000 TO THE VIRGINIA BEACH PUBLIC SCHOOLS EDUCATION FOUNDATION 6 WHEREAS, the City established the salary of the previous 7 Beach District Councilmember at zero dollars ($0) per annum; 8 WHEREAS, an amount equal to a Councilmember's salary 9 ($18,000) will be transferred from Reserve for Contingencies to 10 the Council Donations Account; and 11 WHEREAS, the City Council desires to donate these funds to 12 the Virginia Beach Public Schools Education Foundation, a tax- 13 exempt non-profit organization. 14 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 1 ) That $18,000 is transferred from the FY 2006-07 17 Reserve for Contingencies to the Council Donations Account. 18 2 ) That $18,000 from the FY 2006-07 Council Donations 19 Account is hereby donated to the Virginia Beach Public Schools 20 Education Foundation, as authorized by Virginia Code 15.2-953. 21 Adopted by the Council of the City of Virginla Beach, 22 Virginia, on the 26thdayof September, 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jj~Q~ Management Servlce ;;??~ r- City Attorney's Office CA10143 V:\applications\citylawprod\cycom32\Wpdocs\D006\P001\O0019749.DOC R-3 September 7, 2006 - 38 - Item v'J.3. ORDINANCES/RESOLUTION ITEM #55623 The following registered to speak: Reid Greemun, 2621 Sandpiper Road, Phone; 615-4533, spoke in SUPPORT of the Community Goals and Objectives, and encouraged the Referendumfor increases to the Meals Tax Sam Reid, 1533 Virginia Beach Boulevard, Phone: 284-1067, President of Ocean a Gardens Civic League and Member- Council of Civic Organizations, spoke in SUPPORT of the Community Goals and Objectives, with the main item being the Referendum for the increases to the Meals Tax Brian Kirwin, 304 Cripple Creek Court, Phone: 463-0399, spoke in SUPPORT of the Community Goals and objectives, all thirteen (13) items including the Referendumfor the increases to the Meals Tax Ken Jobe, current President - Council of Civic Organization, 304 Croatan Road, Phone: 428-0328 (Cell) 404-2590, dismayed the Community Goals and Objectives were not included in the Community Legislative Agenda, requested all thirteen (13) items be forwarded Robert K.. Dean, 1204 Shawn Drive, Phone; 427-6606, Communications Director - Tidewater Libertarian Party, Mr. Dean distributed a copy of his statement which is hereby made a part of the record. Mr. Dean expressed concern relative the meal tax and requested including the Referendum for the increases to the Meals Tax. This Referendum would also include provisions for reducing the meals tax. John D. Moss, 4109 Richardson Road, Phone; 363-7745, Chairman - Virginia Beach Taxpayer Alliance. Mr. Moss provided City Council the Virginia Beach Taxpayers Alliance Legislative Package, which was not included. Mr. Moss requested spending be controlled. Bob Hedrick, 1132 Blackburn Lane, Phone: 460-0136, represented the Virginia Beach Taxpayers Alliance and requested the inclusion of the Referendum re the Meals Tax. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, ALTERNATE VERSION* : Resolution FORWARDING, but not endorsiml. the 2007 Community Goals and Objectives to the City's local Delegation to the General Assembly re preparing and supporting legislation during the 2007 Session of the General Assembly *Received and Forwarded but not endorsed by the City Council. September 26,2006 - 39 - Item V, J. 3. ORDINANCES/RESOLUTION ITEM #55623 (Continued) Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood September 26, 2006 Alternate Version 1 2 3 4 5 6 7 A RESOLUTION FORWARDING THE 2007 COMMUNITY GOALS AND OBJECTIVES TO THE CITY'S LOCAL DELEGATION TO THE GENERAL ASSEMBLY WHEREAS, on September 12, 2006, the City Council adopted 8 its 2007 Community Legislative Agenda and requested that members 9 of the City's local Delegation to the General Assembly sponsor 10 and/or support legislation therein; and 11 WHEREAS, as a part of the Legislative Agenda process, the 12 City Council solicited input from community groups in order to 13 advise its General Assembly Delegation of the goals and 14 objectives of those organizations; and 15 WHEREAS, the City Council received valuable input from 16 various community groups recommending matters for the 17 consideration of the General Assembly; and 18 WHEREAS, the City Council received the attached Community 19 Goals and Objectives and appreciates the thoughtful 20 participation of community groups in the Community Legislative 21 Agenda proce s s . 22 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That the City Council has received the 2007 Community Goals 25 and Obj ecti ves, attached hereto, and is hereby forwarding the 26 document, without endorsing it, to the City's Delegation to the 27 General Assembly for their consideration. 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 That the City Clerk is hereby directed to transmit a copy 31 of this resolution to each member of the City's local Delegation 32 to the General Assembly. 33 Adopted by the City Council of the City of Virginia Beach, 34 Virginia, this 26 day of September , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's Office CA10149 V:\applications\citylawprod\cycom32\Wpdocs\D020\P001\00020682.DOC R-4 . September 26, 2006 2007 COMMUNITY LEGISLATIVE AGENDA: COMMUNITY GOALS AND OBJECTIVES RECEIVED AND FORWARDED BUT NOT ENDORSED BY THE CITY COUNCIL 1. REQUIRED REFERENDUM FOR INCREASES TO THE MEALS TAX 2. INCREASE IN MEDICAID FUNDING As requested in the City's portion of the legislative package. 3. PROPORTIONATE SHARE OF ANY NEW TAXES If sales or other taxes are increased, Virginia Beach should get a proportionate share. 4. PEDESTRIAN FRIENDL Y LEGISLATION Requires motorists to stop whenever pedestrians are in a crosswalk. 5. 211 SERVICE Establish regional database that enables individuals to dial 211 to access information on public service activities such as social services, mental health, etc. 6. PHOTO RED LIGHT ENFORCEMENT As requested in the City's portion of the legislative package. 7. FIRE PROTECTION FOR HAMPTON ROADS HARBOR Support for increases in funding for a fire boat and operational costs for the Hampton Roads Harbor areas. 8. PROPOSAL FOR DENSITY CREDITS TO BE USED AS AN INCENTIVE TO GET WORK FORCE HOUSING As requested in the City's portion of the legislative package. I , 9. ADEQUATEI ADDITIONAL FUNDING TO INCREASE ABC INSPECTORS 10. ADEQUATE PUBLIC SAFETY FUNDING, INCLUDING THE STATE'S SUPPORT FOR SHERIFFS As requested in the City's portion of the legislative package. 11. WASTE WATER FUNDING AID TO LOCALITIES TO IMPROVE WATER QUALITY 12. SEXUAL PREDATORS LEGISLATION 13. ADEQUATE FUNDING FOR MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES As requested in the City's portion of the legislative package. 2 Item V-K. PLANNING 1. CAR SPA, INC. 2. RACECO OIL CO., L.L.C. 3. HARVEST OUTREACH MINISTRIES, INC. 4. DR. ALAN MAHANES 5. LA GO MAR ASSOCIATES, L.L.C. - 40- ITEM # 55624 CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING September 26, 2006 - 41 - Item v'K. PLANNING ITEM # 55625 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Items 1 and 5 (DEFERRED) of the PLANNING BY CONSENT AGENDA. Item 5 was DEFERRED, BY CONSENT, until the City Council Session of October 10, 2006. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood September 26,2006 - 42- Item V.K.l. PLANNING ITEM # 55626 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of CAR SPA, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CAR SPA, INC. FOR A CONDITIONAL USE PERMIT FOR A CAR WASH R090634175 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Car Spa, Inc. for a Conditional Use Permit for a car wash on property located on the northeast side of Northampton Boulevard, approximately 230 feet southwest of Diamond Springs Road (GPIN 1469103130). DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted "Conditional Use Permit Exhibit for Car Spa, Northampton Boulevard and Diamond Springs Road, Virginia Beach, VA ", prepared by MSA, PC, and dated 06/01/06. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The car wash facility and post-wash canopy shall be constructed substantially in accordance with the submitted elevation plan. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. A Lighting Plan and / or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. 4. Sign age for the site shall be limited to: a. Directional signs; b. One monument style freestanding sign, no more than eight (8) foot in height, set on a base to match the building and two building or canopy signs; c. Striping on the canopy shall be limited to ten (I 0) feet on each side of the canopy or one-quarter of the length of each side. Sign age on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and doors, canopy, light poles, or any other portion of the site. 5. All motor vehicle detailing shall be limited to the areas beneath the "post-wash canopy". 6. Pedestrian walkway(s) from the proposed car wash facility to the adjacent convenience store shall be provided. 7. No outdoor vending machines shall be permitted. September 26,2006 - 43 - Item V.K.l. PLANNING ITEM # 55626 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of September Two Thousand Six. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood September 26,2006 - 44- Item V.X.2. PLANNING ITEM # 55627 The following registered in SUPPORT: Attorney John Richardson, 2101 Parks Avenue, represented the applicant (contract purchaser), and advised meeting with the Lake Edward Civic League after the Planning Commission meeting. Attorney Richardson displayed a depiction of the application. Landscaping will be provided. The following registered in OPPOSITION: Steven Bushman, 612 Bridgewater Arch, Phone: 456-5104, President - Lynnbrook Landing Civic League Sandra R. Fenner, 756 Lake Edward Drive, Phone: 499-8108, President - Lakewood area Civic League Michele A. Galdun, 5900 Buckmkinister Lane, President - Wesleyan Forest Civic League, Phone: 490-9572. Statement is hereby made a part of the record Harry Kirkely, 637 Lawrence Drive, Phone: 456-0491, Vice President - Newsome Farm Civic League P.J. Padrick, 5613 Lawson Hall Road, Phone: 464-6278, President - Northwest Beach Partnership (a Coalition of twenty-three (23) civic organizations and eight (8) associated organizations/Northwest sector of Virginia Beach). Said statement is hereby made a part of the record. Karim Fard, 565 Newtown Road, Phone: 499-5351 Carol Johnson, 814 Hamstead Court, Phone: 490-8897/455-3341, represented the Lake Edward Civic League Katie J. Sneed, 713 Bolero Court, Phone; 457-0020 Upon motion by Councilman Diezel, seconded by Councilman Villanueva, City Council DENIED an Ordinance upon application of RACECO OIL CO., L.L. C. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RACECO OIL Co., L.L. C. FOR A CONDITIONAL USE PERMIT FOR A GAS STATION AND CAR WASH Ordinance upon application of RACE CO OIL Co., L.L. C. for a Conditional Use Permit for a gas station and car wash on property located on the west side of Newtown Road, approximately 100 feet south of Lake Edward Drive (GPIN 1467293972). DISTRICT 2 - KEMPSVILLE September 26, 2006 - 45- Item v'K.2. PLANNING ITEM # 55627 (Continued) Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McC/anan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and Council Members Voting Nay: None Council Members Absent: James L. Wood September 26, 2006 - 46- Item v'K.3. PLANNING ITEM # 55628 Richard J Ivy, 207 Business Park Drive #200, Phone: 557-6800, Architect., represented the applicant. Phases I and II have been approved by the Planning Commission. The application consists of 18 acres (long narrow property) on Indian River Road. There is a requirement for a minimum of 5 0% green area maintained on the property. 58% green area will be maintained when all Phases are complete. The application will consist of a 3,000 seat sanctuary. Phase I will consist of a Family Life Center on the front portion of the property. The congregation will be allowed to grow into about 1700 members prior to moving onto Phase I of the final sanctuary consisting of 1600 seats (with capacity growth to 3,000) Charles F. Bowdoin, 3313 North Landing Road, Phone: 427-0560, spoke in Opposition, his wife's family owns the farm adjacent to this project. This site is not compatible with the Church. Normally there are 5,000 automobile trips per day on Indian River Road on Sunday and over 1,000 during the week. Upon motion by Council Lady Henley, seconded by Council Lady McClanan, City Council DENIED an Ordinance upon application of HARVEST OUTREACH MINISTRIES, INC.: ORDINANCE UPON APPLICATION OF HARVEST OUTREACH MINISTRIES, INC. FOR A CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon application of Harvest Outreach Ministries, Inc. for a Conditional Use Permit for a church on property located on the north side of Indian River Road, approximately 675 feet west of Bridlepath Lane (GPINs 1483841803; 1483852479). DISTRICT 7 - PRINCESS ANNE Council Lady Henley requested staff review and provide specific criteria (depending on capacity) recommendations for large churches and places of assemblage (encompassing roadway facilities and compatibility with surrounding areas). Voting: 8-1 Council Members Voting Aye: William R. "Bill" DeSteph, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Robert M. Dyer Council Members Absent: Harry E. Diezel and James L. Wood Councilman Diezelleft at 7:22 P.M., notfeeling well September 26, 2006 - 47- Item v'K.4. PLANNING ITEM # 55629 William (Bill) Gambrell, Land Planner, represented the applicant Barbara E. Vaughan, 2621 North Landing Road, Phone; 427-1833, representing the Courthouse Community, resident of the Transition Area, registered in OPPOSITION. This area is a Historical and Cultural District and Mrs. Vaughan wished this application be developed according to the Historical and Cultural District guidelines. Upon motion by Council Lady Henley, seconded by Councilman Uhrin, City Council DEFERRED until the City Council Session of October 10, 2006, an Ordinance upon application of DR. ALAN MAHANES for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF DR. ALAN MAHANES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO CONDITIONAL 0-1 Ordinance upon Application of Dr. Alan Mahanes for a Change of Zoning District Classification from AG-2 Agricultural District (Historic and Cultural Overlay) to Conditional 0-1 Office District (Historic and Cultural Overlay) on property located at 2513 North Landing Road (GPIN 1494717090). DISTRICT 7 - PRINCESS ANNE Voting: 7-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph, Harry E. Diezel, Rosemary Wilson and James L. Wood Councilman DeSteph let at 7:52 P.M., going out of City Council Lady Wilson left at 7:48 P.M. (appointment) September 26, 2006 - 4~ - Item v.K. 5. PLANNING ITEM # 55630 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of October 10, 2006, an Ordinance upon application of LAGO MAR ASSOCIATES, L.L. C. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF LAGO MAR ASSOCIATES, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 TO CONDITIONAL R-15 Ordinance upon application of Lago Mar Associates, L.L. C. for a Chanf!e or Zoninf! District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District on property located at the Northwest intersection of Artesia Way and Nimmo Parkway, and addressed as 801 Artesia Way (GPIN 2424133283). DISTRICT 7 - PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood September 26,2006 - 4Y- Item V-L. APPOINTMENTS ITEM # 55631 BY CONSENSUS, City Council RESCHEDULED: BUILDING CODE OF APPEALS - New Construction COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HI8STORICAL REVIEW BOARD HISTORIC SITE ORGANIZING COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA September 26,2006 - 50- ITEM # 55632 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property: Beach District Princess Anne District LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). BRAC AHR Communications, Inc. v. City of Board of Zoning Appeals AHR Communications, Inc. v. City of Virginia Beach Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION (8:04 P.M.). Voting: 7-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph, Harry E. Diezel, Rosemary Wilson and James L. Wood (Closed Session: 8:04 P.M. - 9:30 P.M.) September 26,2006 - 51 - CERTIFICATION OF CLOSED SESSION ITEM # 55633 Upon motion by Council Lady Henley, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 7-0 Council Members Voting Aye: Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph, Harry E. Diezel, Rosemary Wilson and James L. Wood September 26, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS. The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55632, Page 50, and in accordance with the provisions of The Virginia Freedom of Information A~ 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 wth Virginia law. NOW; THEREFORE, BE IT RESOL VEn 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. ~~-;- Ruth Hodges Smith, MMC City Clerk September 26, 2006 - 52 - Item V-O. ADJOURNMENT ITEM # 55634 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:32 P.M. Q~______D:__~0. d-/ Beverly 0. Hooks, CMC Chief Deputy City Clerk - th Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 26,2006