HomeMy WebLinkAboutOCTOBER 2, 2007 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. D1EZEL, 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 FRASER, MMC
2 OCTOBER 2007
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
1.
CITY MANAGER'S BRIEFINGS
- Conference Room -
2:00 PM
A. 2007 CITIZEN SURVEY
Catheryn Whitesell, Director of Management Services
B. "FIRST LOOK" at CITY'S CIPIDEBT
Catheryn Whitesell, Director of Management Services
II. CITY COUNCIL DISCUSSION
A. 2008 COMMUNITY LEGISLATIVE AGENDA
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA
V1. 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
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Bishop John Gimenez
Pastor, Rock 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 25,2007
G. AGENDA FOR FORMAL SESSION
H. PUBLIC COMMENT
1. 2008 COMMUNITY LEGISLATIVE AGENDA
1. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND and REORDAIN SS 2-114, 2-117.2, 2-121 and 2-132 of the City Code
re officers and employees generally to bring the City Code in compliance with the Virginia
State Code.
2. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property, known
as West Canal, for BRIAN B. and MICHELLE J. WARREN adjacent to 2005 Compass
Circle, to construct and maintain a floating dock, deck, piles, maintain an existing vinyl
bulkhead and boatlift.
DISTRICT 5 - L YNNHA VEN
3. Ordinances to ACCEPT and APPROPRIATE:
a. To the Emergency Medical Services (EMS):
1. $73,386 Grant from the United States Department of Homeland Security
(DHS) Assistance to Firefighters re the purchase of medical training
equipment
2. $61,600 from the Emergency Medical Services (EMS) "Four for Life"
special revenue fund re additional supplies and equipment for the
Police/EMS Medavac Helicopter
b. To Housing and Neighborhood Preservation:
1. $60,000 Grant from the Federal Emergency Management Agency (FEMA)
for a Disaster Housing Assistance Program
4. Resolution to APPOINT Erin T. Stubbe as an Associate City Attorney, effective October 16,
2007.
5. Resolution re compensation for CITY COUNCIL APPOINTEES:
a. City Manager
b. City Attorney
c. City Assessor
d. City Clerk
K. APPOINTMENTS
MINORITY BUSINESS COUNCIL
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
CITYWIDE TOWN MEETINGS
October 16, 2007
Virginia Beach Convention Center - 7:15 pm
FY 2008-2010 Budget
Location to be Announced -7:15 pm
SwrmwarerPfunsandFundmg
January 15, 2008
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda 09/26/2007mb
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 2, 2007
Mayor Oberndorfcalled to order the City Manager's Briefing re CITIZEN SATISFACTION SURVEY
in the City Council Conference Room, City Hall, on Tuesday, October 2, 2007, at 2:00 P,M
Council Members Present:
William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Robert M Dyer
[Absent due to Illness)
October 2, 2007
- 2 -
C IT Y MANA G E R 'S B R IE FIN G
CITIZEN SATISFACTION SURVEY
2:00 P.M
ITEM # 56881
Catheryn Whitesell, Director - Management Services advised the City has conducted seven Citizen
surveys since 1994 to provide feedback from citizens regarding their satisfaction with City services and
opinions on various issues. The last survey was conducted in 2005. If City Council has concerns relative
the questions or wish a question included in the survey, they should advise Catheryn.
Why Do a Citizen Survey?
. Provide the City with citizen perception of community conditions and municipal services
. Offer the opportunity for citizens to suggest ways to improve current services
2005 Citizen Satisfaction Survey Results
Can convienently access City services _
My neighborhood is a safe place
Virgnia Beach is a safe place to live
Virginia Beach is a good place to live
Satisfied with City services
Efforts to protect natural resources and
open space
Services for needy or homeless
families
Rain water drainage
Flow of traffic in the City
Planning for residential development
91 % 92% 93% 94% 95% 96% 97%
Level of Satisfaction
-
-
-
-
0%
20%
40%
60%
80%
Level of Satisfaction
October 2, 2007
- 3 -
CITIZEN SATISFACTION SURVEY
ITEM # 56882 (Continued)
How is the Survey Conducted?
. Five hundred (500) Virginia Beach heads of households randomly selected by zip code
. Calls conducted in early evening for approximately 25 days
. Each selected household is contacted at least six times if no initial response
. Average offifteen (15) minutes to respond to survey
The Survey includes introductory, service-related, agreement/disagreements and demographic
questions.
Proposed 2007 Timeline
Council Briefing
(Ocfober 2)
Confinenfal
Research conducts
a pre-test of survey
if necessary
(days defermned
by research firm)
Council briefing on
survey results
(Decerri)er 18)
October
November
December
Input requested from
Departments re:
question changes
(October 4- 10)
Continental conducts
survey for approx. four
weeks
(October 22-Noverri>er 16)
MCG publicizes results of
Citizen survey
(Decerri>er 19-January
2008)
Mayor Oberndorf referenced the most frequent question she is asked: "What is the City doing about
gangs?" There is definitely a perception or fear of this activity. The residents of the neighborhoods are
reflecting these concerns. The City Council has been informed a certain percentage of the City's
population turns over every two (2) to four (4) years, based on the fact that military families receive
orders and are moved in and out of the City. Mayor Oberndorf suggested the question be asked
concerning their length of residence in the City. The City Manager advised the growth of the City is less
than Y4 of one percent. Mayor Oberndorf advised the Citizens do not have knowledge of that
percentage. They believe it is continuously growing.
The City Manager advised there is a question re the length of residence in the community. However, the
questions are based on the citizens' perception.
Council Lady Wilson suggested the 500 heads of households be registered voters.
October 2, 2007
- 4 -
C IT Y MANA G E R 'S B R IE FIN G
CITIZEN SATISFACTION SURVEY
ITEM # 56882 (Continued)
Councilman DeSteph suggested questions such as: "Do you feel you are getting adequate services for the
taxes paid?" "Do you feel the City's schools are focused on educating our students to become productive
members of society and preparing them for an advanced education, college, trade schools, et cetera?"
"Do you feel the taxes you pay are related or correlative with the services received?" "Are you happy
with the taxes paid?" Crime versus response time might also be a good measure.
Catheryn Whitesell advised bids were solicited to Universities and any company in the area providing
research. Five (5) companies bid and Continental Research, based on price and experience in this type of
activity, was chosen, although they are located in Norfolk.
Councilman Wood suggested at the end of the survey comments be allowed and there should also be a
question re awareness of individual city and state responsibilities. Concerning technology, Councilman
Wood suggested one of the questions reflect if the citizen has accessed www. vbf!ov. com for any services
or watched a City Council Session or other Board Meeting on line (e-streaming). Also, if the citizen has
corresponded to a City Council Member with a concern and attended a City Council Session.
Council Lady McClanan believes the types of questions she was asked by citizens are not reflected in this
survey. Concerns should be addressed in this survey. Some of the neighborhood problems are much more
serious than reflected by a questionnaire as citizens might be afraid to respond. Council Lady McClanan
does not understand the focus of some of the questions. Council Lady McClanan referenced an article in
The Richmond Times re a detailed survey concerning their City Council and city services.
Vice Mayor Jones inquired relative access to information comparing the number of automobiles per
family versus the last four or five years. Catheryn advised this information can be provided through the
Division of Motor Vehicles. The impact of cars on the roads today creates the impression of massive
growth. Council Lady McClanan advised the City Treasurer, John Atkinson, can provide these statistics.
Catheryn advised a second survey relative the City's communication and response to citizens might be
advisable. In the past, a separate survey had been conducted relative this topic.
Catheryn will provide a final list of Survey Questions to City Council for their approval.
October 2, 2007
- 5 -
C IT Y MANA G E R 'S B R IE FIN G
'FIRST LOOK' at CITY'S CAPITAL IMPROVEMENT PROGRAM/DEBT
2:37 P.M.
ITEM # 56883
Catheryn Whitesell, Director of Management Services, advised information is being provided extremely
early in the process. These are all preliminary assumptions. Management Services wished to take this
opportunity to give City Council guidance on the process and on the assumptions made to guide
departmental development of their operating budgets.
Today's Agenda
Discuss assumptions
Discuss possible impacts
. Conclusion: How comfortable are we with assumptions & direction?
Partially funded projects are those that need funding to complete construction. Almost $100 -MILLION
of projects are just funded through design (with no construction funding available)
Funded Capital Projects:
Two hundredfifty-one (251) projects with a cost of $1. 8-BILLION
Unfunded or Partially funded Capital Projects
Two hundred five (205) projects with a cost of $3-BILLION
The Capital Improvement Program is separated into four (4) basic areas: City, School, Transportation
Facilities, and Economic Development projects. Economic Development is a unique category as these
are projects designed as investments to help the private sector expand and provide a positive return on
the City's investment.
CIP by Project Type
$80.0
$70.0
$60.0
I!!
.!! $50.0
S
'0 $40.0
..
I:
~ $30.0
!i
.5
$20.0
$10.0
$-
FY 2008
FY 2009
FY 2010
FY 2011
FY 2012
III Schools. Transportation 0 City 0 Economic Development
6
As the graph illustrates, Schools receives approximately y $60-MILLION in project financing each year
of the capital program. Transportation receives between $40- to $50-MILLION each year. That funding
is a combination of state and local funding. City facilities receive generally around $600-MILLION each
year. Economic Development receives $i8-to $20-MILLION per year.
October 2, 2007
- 6 -
C IT Y MANA G E R 'S B R IE FIN G
'FIRST LOOK' at CITY'S CAPITAL IMPROVEMENT PROGRAM/DEBT
ITEM # 56883 (Continued)
Concerning Economic Development, information concerning specific return on investment re dollars
expended shall be provided.
CIP by Type of Financing
$90.0
$80.0
$70.0
I!! $60.0
.!
8 $50.0
'Ii
.. $40.0
"
~
lE $30.0
$20.0
$10.0
$-
FY 2008
FY 2009
FY 2010
FY 2011
FY 2012
EI Pay-as-You Go . Bonds. State D Fund Balance
7
Financingfor the Capital Program come from four basic sources: Pay-As-You-Go funding, the majority
of which is dedicated revenues; Bonds; State funding which is primarily for transportation; and Fund
Balance.
ebt Service Indicators Y12
ebt Per Capita $2,280 $2,366 $2,357 $2,285
ebt per Capita as a % of 5.7% 5.4% 5.4% 5.2%
.ncome per capita
ebt as a % of assessed
value
ebt Service as a % of 7.6% 7.4% 7.2% 6.9%
General Government
xpenditures
In i992, the City Council adopted a set of Debt Indicators. Debt per capita is most restricted and only
allows $76-MILLION of additional debt issuance over the next six (6) years. The majority of this debt is
charter debt and not public facility revenue debt.
October 2, 2007
- 7 -
C IT Y MANA G E R 'S B R IE FIN G
'FIRST LOOK' at CITY'S CAPITAL IMPROVEMENT PROGRAM/DEBT
ITEM # 56883 (Continued)
Patricia Phillips, Director of Finance, advised Virginia Beach is a few dollars above the National
Medium re debt per capita for cities similar in size which are Triple A rated. The City is also slightly
above the Virginia average.
Ms. Whitesell displayed the chart indicating Debt Per Capita Compared to Actual and CIP Adjusted
Limits.
Capital Improvement Program
Major Assumptions - "First Look"
· Financing Assumptions:
_ No change to debt capacity = $76 million over next six years
_ State Transportation Funding will not be impacted by State Budget reductions
_ General Fund will be able to provide an additional $10 million in pay-as-you-
go funding
_ Continue to re-examine Sandbridge TIF and use Surplus funding elsewh
- Maximize use of all other funding before using debt
. Expenditure Assumptions:
- Projects currently in the program have priority
_ Continue the strategy of consolidating funding in priori projects
_ Transportation projects appear to have the most unmet need
_ Focus on getting projects constructed rather than starting new
- Replace and maintain existing infrastructure first
_ Add new projects where a funding source is available to cover budget costs
_ Only fund economic development projects when there is a clear return-on-
investment 10
So What Does That Mean
. There is $ 76-MILLION in debt capacity to address City and Schoolfacilities, transportation
needs, and economic development
. There is an additional $10-MILLION in pay-as-you-go financing if the operating budget can
provide it given revenue issues
Far more need than current resources
Council Lady Henley referenced the Homestead Exemption, effective July i, 2009, if all proceeds
accordingly. The General Assembly has approved, and assuming it passes in 2008, the voters would have
this item on the November 2008 Ballot. The General Assembly would then have to pass the legislation
during the 2009 Session. That would give the local government the option to exempt, or partially exempt,
the real property tax up to twenty percent (20%) of the value of residential property for primarily
individual homeowners. The City Council needs to plan for this Homestead Exemption.
October 2, 2007
- 8 -
C IT Y MANA G E R 'S B R IE FIN G
'FIRST LOOK' at CITY'S CAPITAL IMPROVEMENT PROGRAM/DEBT
ITEM # 56883 (Continued)
Mayor Oberndorf referenced the JOINT CITY/SCHOOL REVENUE SHARING COMMITTEE
meeting (Liaisons: Meyera E. Oberndorf and Louis R. Jones) with the City Manager, Dr. James G.
Merrill, Superintendent of Virginia Beach City Schools, Daniel D. Edwards - Chairman Virginia
Beach School Board Chair and Rita Sweet Bellitto, Vice Chair - Virginia Beach School Board, as well
as financial representatives re Biennial Budgeting as opposed to Annual Budgeting, the Homestead
taxation and its meaning to both the City and Virginia Bach City Schools Budgets.
Vice Mayor Jones advised the two (2) issues about which the Virginia Beach City Schools were
concerned was whether or not it was wise to consider a Biennial Budget in view of Homestead issue
occurring in the second year of this Biennial Budget; and, the Revenue Sharing Formula should be
reviewed. Vice Mayor Jones received the impression the School Board representatives are interested in
changing (not necessarily eliminating) the Revenue Sharing Formula. Vice Mayor Jones advised
Schools has indicated conducting a study re a $i-BILLION Capital Improvement Program. A possible
short fall of tax revenue would be created as a result if the Homestead Act is adopted and implemented.
The City Manager advised Virginia Beach City School Board was hoping City Council would consider
more Capital Fundingfor the Schools. The Board expressed a preference to move away from the Biennial
Budget.
Council Lady Wilson advised some municipalities are encouraging this Homestead Act, as due to the
existence of a lot of commercial property, their plans entail, once this Act is enacted, raising the rate
and then drop 20% of that rate for the residential taxpayer (bifurcated tax rate). The possibility of a
Referendum was suggested.
The City Manager advised if the Homestead Exemption Act is passed by July i, 2009, it would affect the
revenue side of the budget approximately $60-MILLION a year. If the School Revenue Formula
remains, 'half the impact would be on the Schools and 'half on the City.
Growth of Debt Program
MiI1ions
1,200 51,121
5963 $1,012
1,000 5935
800 5762
5652 5689 5711
600
400
200
0
2000 2001 2002 2003 2004 200S 2006 2007
I . City/School IIIPFRB . &tterpris. Debt DARP
October 2, 2007
- 9 -
C IT Y MANA G E R 'S B R IE FIN G
'FIRST LOOK' at CITY'S CAPITAL IMPROVEMENT PROGRAM/DEBIT
ITEM # 56883 (Continued)
Long- Term Debt Report
Summary of Outstanding Debt
at June 30, 2007
(in millions)
General Obligation Bonds
a. Schools
b. General Government
Public Facility Revenue Bonds
Leases and Other Debt
Agricultural Reserve Program
Revenue Bonds
a. Water & Sewer
b. Stonnwater
Total Debt
Less: Revenue/Supported
Net Tax Supported Debt
Note: Authorized and Unissued = $233 million
Amount
$ 281
288
369
15
25
132
11
$ 1,121
$ 168
$ 953
Source
Full Faith & Credit
Full Faith & Credit
Annual Appropriation (via VBDA)
Annual Appropriation
Full Faith & Credit/Strips
Revenues of Enterprise Fund
Revenues of Enterprise Fund
14
October 2, 2007
- 10-
CITY COUNCIL DISCUSSION
2008 COMMUNITY LEGISLATIVE AGENDA
3:20 P.M.
ITEM # 56884
Robert Matthias, Assistant to the City Manager, advised Governor Tim Kaine will address the
approximately $600-MILLION shortfall as he announced "cuts" in funding. There will be an almost
$500,000 decrease re House Bill 599 funds this fiscal year. The other cuts in funding will be
approximately a quarter of a Million Dollars. There will be approximately i, 000 funding cuts in funding
throughout the State: Commissioner of Revenue and Voter Registrar decreases in funding are relatively
small but the City might be called upon to replace those funds. Higher education will also experience
substantial decreases in funding. Approximately three hundred fifty (350) positions, statewide, will not be
filled. Seventy-four (74) filed positions will be "laid off". There will be some effects to transportation as
some of the funding which came out of House Bill 3202 included use of State surpluses. However, it was
not planned on expending the surplus until the end of the next Biennium, so there will be no effect on the
current six-year plan.
Councilman DeSteph had expressed concerns relative the creation of the State Insurance "Wind Pool".
Councilman Uhrin requested this addition as well as the Hotel/Motel Association. City Council had
included this item in their Legislative Agenda approximately four (4) years ago. A History of the Wind
Pool Legislative Proposals was distributed to City Council and is hereby made a part of the record. The
Federal Flood Insurance Program is also being consideredfor reauthorization by Congress. This would
create an additional unfunded liability for the United States Treasury.
Councilman Uhrin referenced the elimination of the profitable component of Wind Pool Insurance in
other parts of the state. All of the large insurance carriers have "walked away" from insuring anything
adjacent to Coastal Waterways. Thus, the commercial properties have been impacted, as well as the
homes (although to a lesser extent) in those areas. Areas in the City are being charged premium rates for
insurance for no other reason than there is no competitive market. There will be areas in the City which
are uninsurable. Councilman Uhrin cautioned against removing this item from the Legislative Agenda.
Councilman DeSteph advised accurate information should be provided with a complete history to make
an informed decision re Wind Pool Legislation. The State Corporation, Commission Bureau of
Insurance, has advised receiving only a total of ten (1) written complaints since January of this year
from consumers in the coastal areas from May i, 2006 to April 30, 2007, the Coastal Hotline, received
twenty-three (23) calls from consumers having difficulty obtaining coverage.
2008 Community Legislative Agenda
Virginia Code Change Requests
i. Tax Fee and Spending Task Force - Place Holder
2. Changes to Animal Fees - Place Holder
3. Enviornmental Impact Report for i 00% Locally Funded Highway Projects
4. Loss of Medicaid Eligibility for Teens in Foster Care with Earned Income
5. Weapons in Public buildings Where Health Services are Provided
6. Achieving Revenue Neutrality for Local Telecommunications Taxes
7. Civil Penalties for Fire Code Violations
8. Child Endangerment from Illegal Fireworks
9, Definition of "Firearms"
iO, Reimbursementfor Transportation During Civil Admissions
ii. Smoke Free Restaurants
i2. Creation of State Insurance "Wind Pool"
October 2, 2007
- 11 -
CITY COUNCIL DISCUSSION
2008 COMMUNITY LEGISLATIVE AGENDA
ITEM # 56884 (Continued)
Funding Items
i. BRAC Funding
2. Additional Group-Home Beds in Locality for Youth Out of Home Placement
3. CSA Administrative Allocation
4. Support for Additional State General Fund Dollars for CSB Programs
5. Fundingfor Public Health Services
6. Virginia Beach Lifelong Learning Center (Joint Use Library)
7. Pleasant Hall Purchase
8. Adam Thoroughgood House, Ferry Plantation House and Lynnhaven House
9. Virginia Aquarium and Marine Science Center
iO. Sheriff's Work Release Facility
ii. Virginia B each Convention Center Funding
i2. Sandier Center for the Performing Arts
Community Group Items
i. Adequate Public Facilities
2. Fundingfor Mass Transit
3. Public Meeting Notice and participation
4. Motorized Vehicle Use by Minors
5. Enforcement of Environmental Laws
6. Equalization of Penalties for Driving
7. Public Disclosure of Half-Way or Transitional Housing
8. Bayside Recreation Center
9. Wetlands Board
Councilman DeSteph referenced the details of the changes to Animal Fees are still being reviewed and
requested this remain a Place Holder.
Item 7 - Virginia Code Change Requests) Civil Penalties for Fire Code Violations) shall be removed
from the Legislative Agenda.
Mr. Matthias advised Governor Kaine did cut non-state agency funding by 5%, therefore, the Sandier
Center, Virginia Aquarium and Marine Science Center funding and the Convention Center will
experience these cuts.
Councilman DeSteph referenced Item 1 - Community Group Items (Adequate Public Facilities) and
requested specifics. Councilman Villanueva believes the Sheriff's Work Release Facility and the Virginia
Beach Lifelong Learning Center (Joint Use Library) should be cross-referenced to this item.
Relative Item 2 - Community Group Items (Funding for Mass Transit), currently 80% of the
transportation trust fund goes to roads. i4. 7% goes to mass transit and the remaining percentage is split
among ports and airports. Increasing the amount from i4. 7% to i9% that would go to mass transit, while
holding the other modes, like rail, and ports airports, harmless would cause a like decrease
(approximately 4%) in the amount of money available for road construction. Council Members DeSteph
and McClanan could not support this item. Mr. Matthias advised this item might be addressed through
other methods. Bill 3202 did make additional funds available (outside the formula) for mass transit.
October 2, 2007
- 12 -
CITY COUNCIL DISCUSSION
2008 COMMUNITY LEGISLATIVE AGENDA
ITEM # 56884 (Continued)
Councilman Wood advised the Community Group items are brought forward by the citizenry and City
Council should be wary of deleting them.
Councilman DeSteph referenced Item 4 - Community Group Items (Motorized Vehicle Use by Minors)
and Item 9 - Community Group Items (Wetlands Board).
Associate City Attorney Kathy Rountree advised last year the General Assembly changed the definition re
electric and gas powered vehicles re existence of a seat. If the vehicle has a seat, the vehicle becomes a
moped and one would have to be at least sixteen (16) years to operate. The City's Ordinances are as
stringent as possible under the Virginia State Code.
Councilman DeSteph believed this item re lack of funding from the Virginia Institute of Marine Science
to provide technical support to the Wetlands Board across the State. This should be handled by
coordination and collaboration.
BY CONSENSUS, City Council shall schedule for the City Council Session of October 9, 2007:
Resolution requesting Members of the City's local General Assembly Delegation sponsor
and/or support legislation that will realize the goals and objectives set forth in Virginia
Beach's 2008 Community Legislative Agenda, including amendments to the City
Charter [deferred September ii, 2007J
The City Council will forward the Community Group items, without endorsing them, to the City's
Delegation to the General Assembly for their consideration.
City Council is scheduled to meet with the School Board and General Assembly Delegation on December
3, 2007, at the Virginia Beach Sheraton, 35th Street, Oceanfront re Legislative Agenda., 6:30 P.M.
October 2, 2007
- 13 -
CITY COUNCIL LIAISON REPORTS
ITEM # 56885
4:13 P.M.
Council Lady Henley referenced the Open Space Program and Funding Liaison Report distributed to
City Council and hereby made a part of the record. On September 25, 2007, City Council directed staff
to pursue acquisition of three (3) parcels, approximately 2.7 acres, within the Thalia Creek Greenway's
primary corridor. Appraisals have been completed for the Lake Lawson Phase II acquisition of
approximately eighteen (18) acres. Staff will brief City Council about the appraisals for further direction
within the next month.
Eighteen (i8) sites equaling i,773.i acres have been acquired since 2000 under the Open Space
Program Site Acquisition Capital Improvement Program (CIP). As of October i, 2007, there is $7.87-
MILLION of unspent appropriations available from both Capital Improvement Program 4.004 and
Capital Improvement Program 4.0-70 Open Space Program Site Acquisition accounts - Phase I and II,
considering funds "reserved' for sites that are pending acquisition. ($2. 3 i-MILLION of $7.87-MILLION
for Agricultural Reserve Program). The funds "reserved" for acquisition include costs related to
acquiringfifty-nine (59) acres onfour (4) sites.
Certificates of Public Need - (Medical care) and City/School Consolidation AD HOC COMMITTEES
are not active at the present time.
Council Members Villanueva and Diezel, Liaisons, Cox Franchise Renewal Steering Committee, also
encompassed issues of Verizon and Cavalier and suggested this Committee might be reorganized and
renamed.
Relative the Green Ribbon Committee, Liaisons - Council Members Henley and Wood advised the
technical review process is currently evolving. The meetings have concluded and recommendations
submitted. These recommendations will be scheduled for a November City Council Session.
Council Members Dyer, Wilson and Villanueva are Liaisons to the Joint City/School Modernization. A
meeting has been scheduledfor October 29, 2007.
Mayor Oberndorf and Vice Mayor Jones had previously reported re the Joint City/School Modernization
Committee during the 'FIRST LOOK' at the CITY'S CAPITAL IMPROVEMENT PROGRAM/DEBT.
Relative the Military Appreciation Day Committee, Mayor Oberndorf believes the Neptune Festival
incorporated all the members of the Military, as well as Police, Fire and Emergency Medical Services as
"Home Town Heroes ". This Committee will be REMOVED. The Military are now recognized by the
Patriotic Festival, Neptune Festvial and Veterans Day celebrations.
Council Members Uhrin and Villanueva, Liaisons - Old Beach Design Review Committee, have not met.
However, the Council Members, believe as the City is movingforward with the Resort Master Plan, there
will be opportunities to reconvene this Committee.
October 2, 2007
- 14 -
CITY COUNCIL LIAISON REPORTS
ITEM # 56885 (Continued)
Mayor Oberndorf and Vice Mayor Jones are the Liaisons to the Military "BRAC" Advisory Committee.
One problem has been resolved; however there have been indications at the Partnership Retreat by
individuals indicating NAS Oceana might be moved by the year 2050. NAS Oceana is a vital commodity
with i7, 000 jobs and hundreds of Millions of dollars worth of payroll. Mayor Oberndorf recommended
this item continue to be a priority. All of the cities in the Region with military installations within their
City limits, Chesapeake, Norfolk, Suffolk, Newport News and Virginia Beach, have created a Regional
Military Alliance. Frank Roberts has been hired to be the Liaison. The City Manager advised, under the
Joint Land Use Planning process, a Technical Review Committee has been established and meets
quarterly (representatives of Virginia Beach, Chesapeake, Norfolk and the Navy).
Vice Mayor Jones and Councilman Wood, Liaisons - Shore Drive Advisory Committee advised the
Demonstration Project is close to completion.
Council Lady Barbara Henley advised the Agricultural Advisory Commission meets quarterly. The next
meeting is scheduledfor Monday, October 8,2007, and Council Lady Henley will have a report after thi.:I
meeting.
Relative the Arts and Humanities Commission, Mayor Oberndorf commented re the extraordinarily
beautiful Sandler Center for the Performing Arts. Mayor Oberndorf expressed appreciation to former
Council Member Linwood 0. Branch and Vice Chair Dot Woodfor their dedicated service. Councilman
Uhrin advised $15-MILLION has been raised in the private sector to support this project.
October 2, 2007
- 15 -
CI TY COUNCIL COMMENTS
4:19 P.M.
ITEM # 56886
Councilman DeSteph referenced correspondence from the Virginia Waste Industries Association, (a
Chapter of the National Solid Waste Management Association) dated September 28, 2007. They
indicate SPSA is promoting "Flow Control". Councilman DeSteph distributed this correspondence,
which is hereby made a part of the record.
ITEM # 56887
Council Lady Henley advised one of the challenges in serving a rural community is many individuals are
struggling with issues associated with aging i.e. maintaining homes, accessing health care, et cetera.
Several months ago, Council Lady Henley learned of an innovative program in Back Bay Boston,
Massachusetts concerning the development of a program entitled: "Beacon Hill Village Concept.. This
model was purchased. Dr. Terry Jenkins - Haman Services and Sharon Prescott - Housing and
Neighborhood Preservation, reviewed this program to determine if this could be utilized in Southern
Virginia Beach. More than fifty (50) citizens have participated in meetings since July. The Old Creeds
Library will be utilized to create the Senior Resource Center serving Southern Virginia Beach. This
space has been empty since the new library was built. Utilities are currently being provided as Police still
maintain offices in this facility. Volunteers have come forward to renovate and provide appliances for a
kitchen area. The space has been decorated with historical artifacts. Human Services is assigning a staff
person, Nancy Allen, twenty (20) hours per week. Ms. Allen is currently in charge of the Respite Care for
the Elderly. She will train volunteers who will assume this program. Council Lady Henley stated the
Mission Statement: "The Senior Resource Center is established to give residents in Southern, Virginia
Beach the confidence, comfort and security needed to live their lives to the fullest in their own homes as
they grow older. " The Civic League has provided a generous donation. An Open House is scheduled for
Saturday, October 20,2007 from iO:OO A.M to 2:00 P.M Council Lady Henley extended an invitation to
all.
ITEM # 56888
Mayor Oberndorf referenced the success of the Mary Ellen Cox Day Care Center in the Little Neck Area
and believe Council Lady Henley's Senior Resource Center would be a Blessing for the elderly in
Southern Virginia Beach. Mayor Oberndorf recently visited the Day Care Center to attend an event. The
Children from the Philippine Culture Center came in costumes and performed dances. The ladies of the
Filipino community catered a luncheon featuring their traditional foods.
ITEM # 56889
Council Lady Henley referenced the Total Maximum Daily Load (TMDL) Plan and the requirements of
the Environmental Protection Agency. The Southern Rivers Watershed TMDL Plan was the first project
as a requirement of this Plan. There was a great deal of concern as the data was old. Council Lady
Henley expressed appreciation to the City which is in the process of redoing this plan, separating
Nanney's Creek from the other two (2) watersheds (Mill Dam Creek and West Neck Creek) Aerial
photographs of all the properties in the Nanney's Creek Watershed are available. Owners of property in
the Nanney's Creek Watershed area are requested to go to the Ruritan Barn on Princess Anne Road
between now and October Tenth to review the data on their property and make corrections, if necessary.
Thus, the TMDL Management Plan will be based on accurate information. Council Lady Henley
expressed appreciation to Bill Johnston, Public Works - Engineering, for his dedicated service. Nanney's
Creek will be the pilot followed by the other two (2) components of this requirement, Mill Dam and West
Neck Creeks.
October 2, 2007
- 16 -
CITY COUNCIL COMMENTS
ITEM # 56890
Council Lady Henley referenced the Princess Anne Historical Society on October 14, 2007, is sponsoring
a program re Ocean a Village. The event will take place at Scott Memorial, at 2:00 P.M Dr. Stephen
Mansfield and Sam Reid, as well as others in the Oceana community, will present the factual
presentation. Following this, there will be a walking tour of Ocean a Village.
ITEM # 56891
Councilman DeSteph referenced attending the HOMERAMA last week in Chesapeake. HOMERAMA
will be held in Virginia Beach next year. Councilman DeSteph was advised the majority of the homes
being built there could not be built in Virginia Beach, because of the interpretation of building height,
roof accesses, et cetera. The houses were magnificent.
Council Lady Wilson advised in developments of ten (i 0) houses or more, the homes could be higher, but
not in the infill areas, near the Coastal area.
Councilman Diezel requested City staff review the current zoning to be sure regulations are in line with
the Virginia State Building Code.
ITEM # 56892
Councilman DeSteph referenced Oktoberfest 2007, Ocean a Main Gate Park, October 6, 2007, 2:00 A.M
_ 10:00 P.M. The proceeds will benefit local children's charities (primarily focusing on Children with
Cancer).
Councilman DeSteph distributed information to all members of City Council.
ITEM # 56893
Councilman Uhrin complimented the magnificent Neptune Festival, encompassing a parade on Atlantic
Avenue. Councilman Uhrin was honored to be selected as a Triton. The largest crowd, in the history of
Virginia Beach was in attendance. The honoring of the Hometown Heroes was a major part of this event.
October 2, 2007
- 17 -
AGE N DA REV IE W S E S S ION
4:45 P.M
ITEM # 56894
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
i. Ordinance to AMEND and REORDAIN 99 2-i14, 2-ii7.2, 2-
i2i and 2-132 of the City Code re officers and employees
generally to bring the City Code in compliance with the
Virginia State Code.
2. Ordinance to AUTHORIZE a temporary encroachment into a
portion of City property, known as West Canal, for BRIAN
B. and MICHELLE J. WARREN adjacent to 2005 Compass
Circle, to construct and maintain a floating dock, deck, piles,
maintain an existing vinyl bulkhead and boatlift.
DISTRiCT 5 - LYNNHA VEN
3. Ordinances to ACCEPT and APPROPRIATE:
a. To the Emergency Medical Services (EMS):
1) $73,386 Grantfrom the United States Department of
Homeland Security (DHS) Assistance to Firefighters re the
purchase of medical training equipment
2) $61,600 from the Emergency Medical Services (EMS) "Four
for Life" special revenuefund re additional supplies and
equipment for the Police/EMS Medavac Helicopter
b. To Housing and Neighborhood Preservation:
i) $60,000 Grantfrom the Federal Emergency Management
Agency (FEMA) for a Disaster Housing Assistance Program
4. Resolution to APPOINT Erin T. Stubbe as an Associate City Attorney,
effective October i6, 2007.
5. Resolution re compensation for CITY COUNCIL APPOINTEES:
a. City Manager
b. City Attorney
c. City Assessor
d. City Clerk
Council Members DeSteph and McClanan shall vote a VERBAL NAY, on Item 5.a (City Manager) and
Item 5.c. (City Assessor).
October 2, 2007
- 18 -
ITEM # 56895
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.i-3 tii (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-37ii (A)(i)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION (4:55 P.M.).
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer and Ron A. Villanueva
(Break: 4:57 P.M. - 5:02 P.M.)
(Closed Session: 5:02 P.M. - 5:30 P.M.)
(Dinner: 5:30 P.M. - 5:50 P.M.)
October 2, 2007
- 19 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 2, 2007
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 2, 2007, at 6:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Absent:
Robert M Dyer
INVOCATION Bishop John Gimenez and Reverend Ann Gimenez
Pastor, Rock Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On
March 3i, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. Jf, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of Aprili 0, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. Jf, 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.
October 2, 2007
- 20-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
(Continued)
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifying any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27, 2004, is hereby made a part of the record.
October 2, 2007
- 21 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 56896
Upon motion by Councilman DeSteph, 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: i 0-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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:
Robert M Dyer
October 2, 2007
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 #56895, Page 18, 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.
NOJf, 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.
uth Hodges Fraser, MMC
City Clerk
October 2, 2007
- 22-
Item V-F.l.
MINUTES
ITEM # 56897
Upon motion by Councilman DeSteph, seconded by Council Lady Wilson, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of September 25,2007.
Voting: i 0-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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:
Robert M Dyer
October 2, 2007
- 23 -
Item V-G 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM 56898
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 2, 2007
- 24-
Item V-.H.l.
PUBLIC COMMENT
ITEM 56899
Mayor Oberndorf INVITED PUBLIC COMMENT:
COMMUNITY LEGISLATIVE AGENDA
There being no speakers, Mayor OberndorfCLOSED THE PUBLIC COMMENT.
October 2, 2007
- 25 -
Item v'J.
ORDINANCES/RESOLUTIONS
ITEM #56900
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED IN
ONE MOTION Ordinances/Resolutions i, 2,3 a/b, 4 and 5a.blc/d. of the CONSENT AGENDA
Voting:
i 0-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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:
Robert M Dyer
Council Members DeSteph and McClanan shall vote a VERBAL NA Y, on Item 5.a (City Manager) and
Item 5.c. (City Assessor).
October 2, 2007
- 26-
Item V.J.1.
ORDINANCES/RESOLUTIONS
ITEM #56901
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED:
Ordinance to AMEND and REORDAIN 88 2-114, 2-117.2, 2-i2i and
2-i32 of the City Code re officers and employees generally to bring the
City Code in compliance with the Virginia State Code.
Voting:
i 0-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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:
Robert M Dyer
October 2, 2007
1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
2 2-114, 2-117.2, 2-121 AND 2-132 OF THE CITY CODE
3 PERTAINING TO OFFICERS AND EMPLOYEES
4 GENERALLY
5
6 Sections Amended: 9 2-114, 2-117.2, 2-121, and 2-132
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That Sections 2-114, 2-117.2, 2-121 and 2-132 of the City Code are hereby
12 amended and reordained to read as follows:
13
14 Sec. 2-114. Terminations.
15
16 (a) Resignation shall be a voluntary separation from employment through
17 written notification to the employing authority initiated by the employee.
18
19 (b) Completion of temporary employment shall be the separation from
20 employment of a temporary employee who has worked through the last work day the
21 temporary position is available. Employees separating prior to the last work day shall be
22 governed by the appropriate separation action.
23
24 (c) Retirement shall be the separation of a full-time employee who is
25 scheduled to begin receiving retirement benefits from state and/or federal agencies.
26 Retirement from full time servioe with the oity is mandatory at 3ge seventy (70) for all
27 employees unless otherwise required by state or federal law.
28
29 (d) Dismissal shall be an involuntary separation from employment initiated by
30 the employing authority as a result of the employee's unsatisfactory work performance
31 or misconduct.
32
33 (e) Failure to appear shall be a failure by an employee to report to work
34 during the first scheduled work day following employment without previous notification
35 to the employing authority.
36
37 (f) Administrative termination shall be a nondisciplinary separation from
38 employment initiated by the director of personnel on the basis of an employee's inability
39 to continue to meet the minimum qualifications for the employee's position or separation
40 due to budgetary considerations.
41
42 (g) Completion of seasonal employment shall be the separation from
43 employment of a seasonal employee who has worked through the last day the seasonal
44 position is available. Employees separating prior to the last work day shall be governed
45 by the appropriate separation action.
46 Sec. 2-117.2. Vacancies.
47
48 Filling of a vacancy shall be defined as the selection of an applicant for an
49 authorized position. The filling of a vacancy may be achieved through an original
50 employment, reemployment, reinstatement, transfer, promotion, demotion, or in
51 accordance with the provisions of the Veteransl Reemployment Rights Act Uniformed
52 Services Emplovment and Reemplovment Rights Act (USERRA). The process of the
53 filling of vacancies shall be based on merit principles such as equitable compensation,
54 internal or open competition, and equal employment opportunity.
55
56 Sec. 2-121. Plan established.
57
58 Pursuant to the Government Employees Deferred Compensation Plan Act,
59 section 61 111.67: 14 51.1-600 et seq. of the Code of Virginia, 1950, as amended, the
60 city hereby adopts and establishes a plan of deferred compensation for its employees
61 dated the twenty-third day of March, 1981. The purpose of the plan shall be to provide
62 for the deferral of compensation to the participants. The plan shall exist in addition to all
63 other retirement, pension or other benefit systems available to the participants, and
64 shall not supersede, make inoperative or reduce any benefits provided by any other
65 retirement, pension or benefit program established by law.
66
67 On behalf of the employer, the city manager is hereby authorized and directed to
68 execute and deliver the plan to the plan administrator. The plan shall contain such terms
69 and amendments as the city council may from time to time approve. The city council
70 shall adopt a deferred compensation investment policy. The city council shall review the
71 investment policy no less than every two (2) years.
72
73 Sec. 2-132. Eligibility to utilize grievance procedure.
74
75 (a) Except as provided in subsection (b), all city employees who are members
76 of the merit service, as defined in section 2-76, and all employees of the constitutional
77 offices (excluding elected officials) by written consent of the elected official, shall be
78 eligible to utilize all phases of the grievance procedure set forth herein.
79 (b) Notwithstanding the provisions of subsection (a), employees (excluding
80 elected officials) who are employed on a temporary, probational, or seasonal basis shall
81 be eligible to utilize such procedure only up to and including step 3 (department
82 director); provided, however, that at no time shall an employee employed on a
83 temporary, probational, or seasonal basis be allowed to appeal a dismissal. For the
84 purpose of this subsection, a probational employee shall be defined as provided in
85 section 2-108.
86
87 (c) All permanent police officers shall be given written notification of the right
88 to proceed under either this grievance procedure or the Law-Enforcement Officer's
89 Procedural Guarantees set forth in section 2.1 116.1 9.1-500 et seq., of the Code of
90 Virginia, as amended, but not both.
91
92 (d) In addition to the provisions of the grievance procedure, all permanent
93 firefighters and emergency medical technicians subjected to an interrogation which
94 could lead to dismissal, demotion or suspension for punitive reasons shall be governed
95 by the Firefighter's and Emergency Medical Technician's Procedural Guarantees, set
96 forth in section 2.1 116.9:1 9.1-300 et seq., of the Code of Virginia, as amended.
97
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2nd
day of October, 2007.
- 27-
Item V.J.2.
ORDINANCES/RESOLUTIONS
ITEM #56902
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED:
Ordinance to A UTHORIZE a temporary encroachment into a portion of
City property, known as West Canal, for BRIAN B. and MICHELLE J.
WARREN adjacent to 2005 Compass Circle, to construct and maintain
a floating dock, deck, piles, maintain an existing vinyl bulkhead and
boatlifl
DISTRiCT 5 - LYNNHA VEN
The following conditions shall be required:
1. The temporary encroachment shall be constructed and maintained in accordance with the
laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with
the City's specifications and approval.
2. The temporary encroachment shall terminate upon notice by the City to the applicant and,
within thirty (30) days after such notice is given, the temporary encroachment must be
removed from the encroachment area by the applicant and the applicant will bear all costs
and expenses of such removal.
3. The applicant shall indemnify 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.
4. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly
or a hazard.
6. The applicant must obtain a permit from the Planning Department prior to commencing any
construction.
7. The applicant must establish and maintain a riparian buffer, which shall be a minimum of
fifteen (15) feet in width landward from the shoreline, shall run the entire length of the
shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and
perennial plants (the "Buffer "). The Buffer shall not be established during the months of
June, July or August, so that it has the greatest likelihood of survivability. Prior to the
issuance of a Permit, the applicant must post a bond or other security, in an amount equal to
the estimated cost of the required Buffer plantings, to the Planning Department to insure
completion of the required Buffer. The applicant must notify the Planning Department when
the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as
determined by the City, the bond shall be released. An access path, stabilized appropriately
to prevent erosion, through the Buffer to the shoreline is allowed.
October 2, 2007
- 28 -
Item V.J.2.
ORDINANCES/RESOLUTIONS
ITEM #56902 (Continued)
8. The applicant shall obtain and keep in force all risk property insurance and general liability
or such insurance as is deemed necessary by the City, and all insurance policies must name
the City as additional named insured or loss payee, as applicable. The applicant must also
carry comprehensive general liability insurance in an amount not less than Five Hundred
Thousand Dollars ($500,000), combined single limits of such insurance policy or policies.
The applicant must provide endorsements providing at least thirty (30) days' written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The applicant assumes all responsibilities and liabilities, vested or
contingent, with relation to the temporary encroachment.
9. The applicant shall submit, for review and approval, a survey of the area being encroached
upon, certified by a Registered Professional Engineer or a Licensed Land Surveyor and/or
"as built" plans of the temporary encroachment, sealed by a Registered Professional
Engineer, if required by the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
10. The City, upon revocation of such authority and permission so granted, may remove the
temporary encroachment and charge the cost thereof to the applicant and collect the cost in
any manner provided by law for the collection of local or state taxes; may require the
applicant to remove such temporary encroachment; and, pending such removal, the City may
charge the applicant for the use of such portion of the City's right-of-way encroached upon
the equivalent of what would be the real property tax upon the land so occupied if it were
owned by the applicant; and if such removal shall not be made within the time specified by
the City, the City shall impose a penalty in the sum of One Hundred Dollars ($iOO.OO) per
day for each and every day that such temporary encroachment is allowed to continue
thereafter; and, shall collect such compensation and penalties in any manner provided by law
for the collection of local or state taxes.
Voting:
i 0-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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:
Robert M Dyer
October 2, 2007
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF EXIS TING CITY
6 PROPERTY KNOWN AS WEST
7 CANAL LOCATED ADJACENT TO
8 2005 COMPASS CIRCLE BY BRIAN B.
9 AND MICHELLE J. WARREN.
10
11 WHEREAS, Brian B. and Michelle J. Warren desire to construct and maintain a
12 proposed floating dock, deck, and piles and to maintain the existing vinyl bulkhead and
13 boat lift in a portion of an existing City property known as West Canal located adjacent
14 to 2005 Compass Circle, in the City of Virginia Beach, Virginia.
15 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
1 7 City's property subject to such terms and conditions as Council may prescribe.
18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That pursuant to the authority and to the extent thereof contained in 99 15.2-
21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Brian B. and Michelle J.
22 Warren, their heirs, assigns and successors in title are authorized to construct and
23 maintain temporary encroachments for a proposed floating dock, deck, piles and to
24 maintain the existing vinyl bulkhead and boat lift in the City's property as shown on the
25 maps marked Exhibit "A", pages 1 and 2 and entitled: "ENCROACHMENT EXHIBIT OF
26 FLOATING DOCK IN THE WEST CANAL OF BAY ISLAND," copies of which are on file
27 in the Department of Public Works and to which reference is made for a more particular
28 description; and
29 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
30 subject to those terms, conditions and criteria contained in the Agreement between the
31 City of Virginia Beach and Brian B. and Michelle J. Warren (the "Agreement"), which is
32 attached hereto and incorporated by reference; and
3 3 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
34 is hereby authorized to execute the Agreement; and
35 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
36 time as Brian B. and Michelle J. Warren and the City Manager or his authorized
37 designee execute the Agreement.
38 Adopted by the Council of the City of Virginia Beach, Virginia, on the
39 2nd day of October, 2007.
CA- l Q 3tA-
PREPARED: 9/11/07
R-l
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
~~~~~~RM
CI ATTORN
X:\OID\REAL ESTATEIEncroachmentslpW OrdinanceslCAl0324 Warren.doc
V: applications I citylawprod 1 cycom32 Iwpdocs ID017 Ip002 100040260 . DOC
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811 (C) (4)
THIS AGREEMENT, made this 14th day of AUQust , 2007, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and BRIAN B. WARREN and MICHELLE J.
WARREN, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even
though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as Site No. 50 as shown on that certain plat
entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE" and said plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book
45, at pages 37 and 37-A, and being further designated, known, and described as 2005
Compass Circle, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed floating dock, deck, and piles and to maintain the existing vinyl bulkhead and
boat lift collectively, the "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City property known as West Canal the "Encroachment Area"; and
GPIN NO GPIN REQUIRED OR ASSIGNED FOR CITY PROPERTY (WEST CANAL)
2409-09-3108
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and ag reed 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 those certain plats entitled: "ENCROACHMENT
EXHIBIT OF FLOATING DOCK IN THE WEST CANAL OF
BAY ISLAND," copies of which are attached hereto as
Exhibit "A" and to which reference is made for a more
particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
2
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 construction, location or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction with the
Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall establish and
maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from
the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched
planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The
Buffer shall not be established during the months of June, July, or August, so that it has
the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee
must post a bond or other security, in an amount equal to the estimated cost of the
required Buffer plantings, to the Department of Planning to insure completion of the
required Buffer. The Grantee shall notify the Department of Planning when the Buffer is
3
complete and ready for inspection; upon satisfactory completion of the Buffer as
determined by the City, the bond shall be released. An access path, stabilized
appropriately to prevent erosion, through the Buffer to the shoreline is allowed.
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 construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setbacks requirements, as established by
the City.
It is further expressly understood and agreed that the 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
4
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, the said Brian B. Warren and Michelle J.
Warren the said Grantee, has caused this Agreement to be executed by 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.
(THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK)
5
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
200_,
by
CITY
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER.
Notary Registration Number:
My Commission Expires:
Notary Public
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 200_, by RUTH HODGES FRASER, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
Notary Registration Number:
My Commission Expires:
6
'7
/A~,,'" ..,---7,/
. -" .'~ ,,..- "
f/ // ,~ o?>;~;=::=.~ "7
Brian B. Warren
STATE OF \ I _,,> -J '
CITY/COUNTY OF ~:rl' lL J;;f'(4(L.. , to-wit:
The foregoing instrument was acknowledged before me this IL/-VZ. day of
A~ /.<1 r , 200~, by Brian B. Warren and MiChr J. Warren..,
'0 ~ J r
Notary Public
~. # 3/J'I'fLf
My Commission EXPires:];;'t &" r..2()/D
(--.
. )
J~~h ~~LULC'~
~T;0gg~NTY OF V;ftJj~'l('1-i1EA elto-wit:
\.1
The foregoing instrument was acknowledged before me this
~, 200~, by Michelle J. Warren.
/4-'1'-- day of
---_.._~
My Commission Expires: Jt-:Lt 3~ .2010
Notary Public
J(kj. # 3ft/LILt
()\/ ..., \'J
d7f/Y}ri; C, C;\(~Hl15?;'\
SIGNA lURE
PO) k.tAI r~)-ftdE
DEPARTMENT
, \r)
~A..
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
')
{) n (J ,..,::3", .
' ,'(~ _J'
\'.
APPROVED AS TO CONTENTS
7
EXHIBIT "A"
TREASURE
CANAL
~
EDGE or WATER
~
EXISTING VINYL BULKHEAD
LOT 51
2009 COMPASS CIRCLE
LAROCHE, BRIAN &: HEIDI
GPIN: 2409-09-3371
PROPERTY LINE
EXISTING BOAT LIFT
PROPOSED FLOATING DOCK
10" MOORING PILING (TYP)
WEST
END OF CANAL
NO THRU BOAT TRAFFIC
AREA OF ENCROACHMENT PROPOSED: 402 S.F.
50
I
SCALE: 1"=50'
0 50 100 feet
I I ----1
GRAPHIC SCALE
ADJACENT PROPERTY OWNER ADDRESSES:
1. LOT 49 BAY ISLAND; VA BEACH, VA 23451
2 LOT 51 BAY ISLAND; VA. BEACH, VA 23451
ENCROACHMENT EXHIBIT
OF FLOATING DOCK IN THE
WEST CANAL OF BAY ISLAND
ENCROACHMENT FOR
BRIAN WARREN
2005 COMPASS CIRCLE
VIRGINIA BEACH, VA 2.3451
FLOATING DOCK OVERALL VIEW
AT: LOT 50 BAY ISLAND
DATUM. MLW = 0.00'
COUNTY OF: STATE: VA
APPLICATION BY:
BRIAN WARREN
OWN BY: BSF
SHEET 1 OF 2
DATE: 8/1.3/07 J07015
NDI, L. L. C,
BASGIER AND ASSOCIATES DIVISION
ENGINEER S- SUR VE YORS - PlA NNERS
572 CENTRAl DRIVE, SUITE 103, VIRGINIA BEACH, VIRGINIA 23454
PHONE. (757) 431-2177 FAX. (757) 431-2175
....
\'-
F EXISTING RIPRAP
EXHIBIT "A"
EDGE OF WATER
~
EXISTING VINYL BULKHEAD
~G9-G9- 3'
GP\t-I #;- G.B? ~C
~(lJ_~ -
PROPERTY LINE
EASEMENT
EXISTING BOAT LIFT
C FLOOD
EBB )
F
- 56' BETWEEN BULKHEADS
PROPOSED FLOATING DOCK
10" MOORING PILING (TYP)
#
WEST
END OF CANAL
NO THRU BOAT TRAFFIC
MHW
MLW
4'X 12' RAMP
, ,"(
40:)00 9'
\,\0 '\ 0.0
()(~\'<
rSOr
AREA OF ENCROACHMENT PROPOSED: 402 S.F,
SCALE: 1" = 20'
20
ADJACENT PROPERTY OWNER ADDRESSES: I
1. LOT 49 BAY ISLAND; VA BEACH, VA 23451
2 LOT 51 BAY ISLAND; VA. BEACH, VA 23451
o
I
20
I
40 feet
I
GRAPHIC SCALE
ENCROACHMENT EXHIBIT
OF FLOATING DOCK IN THE
WEST CANAL OF BAY ISLAND
ENCROACHMENT FOR
BRIAN WARREN
2005 COMPASS CIRCLE
VIRGINIA BEACH, VA 23451
FLOATING DOCK PLAN VIEW
AT: LOT 50 BAY ISLAND
DATUM: MLW = 0.00'
COUNTY OF: STATE: VA
APPLICATION BY:
BRIAN WARREN
DWN BY BSF
SHEET 2 OF 2
DATE 8/13/07 J07015
NDI, L.L.c.
BASGIER AND ASSOCIATES DIVISION
ENGINEERS- SURVEYORS-PLANNERS
572 CENTRAL DRIVE. SUITE 103, VIRGINIA BEACH. VIRGINIA 23454
PHONE. (757) 431-2117 FAX (757) 431-2175
rei.)
oc
0l;X:l
~tT1
zCi
0"1
mel.)
~;8
...,0
~~
~S
rei.)
0""';
003
~~
0'"1
~~
eI.)~
"""t,j
~m
~~.
0-<
.......>
::tCi
O~
CO
eI.)eI.)
mel.)
eI.)...,
...,::t
om
~~
m>
~...,
til~
eI.)~
...,>
~-<
~
@>
m~
el.)0
Cel.)
l;X:lel.)
~~
"Ci
~~
~F:
t:8
~~
""0
-<s:::
s::
L
i:I1
x
-'6
~.
a
~
" (j)
"" ()
i )>
g !1i
(1)
~ -'
3
Q)
rs
o
s::
-0
Gl
(IJ
("')
;:ij
n
o
s::
-0
Gl
(IJ
("')
;0
~
x
o
"11
o
::u
tDm
~z
)>0
Z::u
QOtDO
"'U 0" )>
-S:)>O
~"'UZ:I:
N)>Cs:
~(J)s:m
to(J)_z
II 600...
8 CP i :I: ::u
(.tJo~m
~r-r-D
eom....c
"m
~~
::u
::u
m
Z
5
n
~
-
o
z
S
)>
"
""-...<,
'^~-"
'..
,
"
\,
\/~ /\
~._'-- ~-'_M _ . _ {
.I' c"",,-, I.,
':f
- 29-
Item V.J.3.
ORDINANCES/RESOLUTIONS
ITEM #56903
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE:
a. To the Emergency Medical Services (EMS):
i. $73,386 Grantfrom the United States Department of Homeland Security (DHS)
Assistance to Firefighters re the purchase of medical training equipment
2. $61,600 from the Emergency Medical Services (EMS) "Four for Life" special
revenue fund re additional supplies and equipment for the Police/EMS Medavac
Helicopter
b. To Housing and Neighborhood Preservation:
i. $60,000 Grantfrom the Federal Emergency Management Agency (FEMA)for a
Disaster Housing Assistance Program
Voting:
i 0-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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:
Robert M Dyer
October 2, 2007
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $73,386
2 FROM THE UNITED STATES DEPARTMENT OF
3 HOMELAND SECURITY TO THE FY 2007-08 OPERATING
4 BUDGET OF THE EMERGENCY MEDICAL SERVICES
5 DEPARTMENT FOR THE PURCHASE OF ADDITIONAL
6 MEDICAL TRAINING EQUIPMENT
7 WHEREAS, Emergency Medical Services Department has identified $18,346 in
8 matching funds to support this grant.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCil OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 (1) That $73,386 is hereby accepted from the United States Department of
14 Homeland Security and appropriated to the Emergency Medical Services
15 Department's FY 2007-08 Operating Budget for the purchase of additional medical
16 training equipment, with federal revenue increased accordingly.
17
18 (2) That $18,346 will be transferred within the Department of Emergency Medical
19 Services' Four-far-Life Program FY 2007-08 Operating Budget to support the grant's
20 match requirement.
21
22 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of
23 October ,2007.
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 e
City~~~5r~
Management Services
CA 10504
R-1
September 17, 2007
i. .~.: .'-- I" .;).tr ," r :~_';. . Ii: , .
~;~:;.,.;.: ,
i'~'.'.I,~.-,1.'::!}:!'i; C <'.. .":";
'ft". FEM ~
'-...:.~, "
I",;..~~! "
"~' -
." "
~i.3 1<,1thr'vr Bi":)O~,S
eill 0: Viii]"!:? 8ea:h Depaiii"enr of EMS
1917 ;....rc~ic /\venLJ:~
Virginia 808Ch, \/::'~i:1ia ='3:~5' -T3<] 7
He Grant NoEMW-2007-F0032i1
C:::dl r.1:> Brooks
On be naif 0: ti'c Department of Homeland Security, I am pleased to IntoI'm you that yeur giant 3pp:ication
suo:Tilttecf under 1'1e FY 200~; Assistance to Firefigllters Grant has been approved We, ttle Capabilities Dlvis'on
of the Naticnai Freparedness Directorate, In consultation with rt1e US. Fire Adrninistration, carry out the Federal
respor'sl:Jllltles of admln:steri:lg your grant The approved project costs total to $91,732 00 Ttle Federal share IS
80 percent or $73,386.00 of the approved amount and your share of the costs is 20 percent or 518,346.00.
As part of Y0.H aware p:"::Ka~JC:. you will find Grant Agreement i\rticles Please muke sure you read 8'1(j
understa:",d rr>" ;',rciclt;s as thc~Y outline the terms and conditions of your Grant award Maintain a copy of tftese
documents for yell'" offlcia fife You establish acceptance of the Grant and Grant Agreement Articles when
you request and receive any of the Federal Grant funds awarded to you. By accepting thE: grant, you agree
not to deviate imm ttle approved scope of worK without wior written approval from DHS.
The first step ',,; requcC3ting your grant funds IS to confirm your cor:'ec: Direct Deposit Inforr;'!ation Please go on-
Ime to the .'\FC; eGr2.i1ts system at www,firegrantsupport,com and If you have not done so complete and
s"bmit your S~ 1199A. Direct Deposit Sign.up Form Please for.....ard the onginal. Gomplered SF 1199A, Dirac!
Depos,t Sign-up Form, signed by your orgar.ization and the banking institution to the address below.
Department o! Homeland Security
FElviA, Nat,,~na; Preparedness Directorate
Grants Manag~ment Branch
500 C Street. SW, Room 334
V!3sr:lf1gton DC 20472
Ann, Assistance to F,refighters Grant Program
f\twr your SF 1199A IS revIewed and you receive an emal indicating the form is approv0d, you \'/;I! t);;, able to
request payments onlli);;;. f';:emember. you shouid basically request funds when you have an Immodiate cash
need (i.e. yo.. have a bdl in-hand that is due within 30 days).
If yotl flav", aI1Y_I~;e~;tlons cy concerns regardinq the awards process. donations, or how to request your gram
funds please cali the helpdesk at 1-366274-0960.
Snceiely,
,'~" () 1,,11
(lIy:! @W1L---~
Corey Grub",
l\C~ing Cq't:\i :~.Jn'ln'strat;:.r
FeJera! "'megcn;:y Maragement Agency
Natronal Preparedn~ss Directorate
AFG Grant Equipment Request
. ALS Baby Manikins: 4 @ $2,180 each = $8,720
. ALS Child Manikins: 4 @ $3,964 each = $15,856
. ALS Adult Manikins: 2 @ $9,950 each = $19,900
. EKG Simulation Units: 4 @ $2,035 each = $8,140
o (Simulators compatible with all manikins above)
. Adult Simulator Trauma Modules: 2 @ $1,526 each =
$3,052
. Intubation Video Facilitators: 2 @ $995 each = $1,990
. 12-Lead EKG Training Monitor/Defibrillator: 2 @
$17,037 each = $34,074
Total =$91,732
1 AN ORDINANCE TO APPROPRIATE $61,600 FROM THE
2 FUND BALANCE OF THE EMERGENCY MEDICAL
3 SERVICES FOUR-FOR-L1FE SPECIAL REVENUE FUND TO
4 THE FY 2007-08 OPERATING BUDGET OF THE
5 EMERGENCY MEDICAL SERVICES DEPARTMENT FOR
6 THE PURCHASE OF ADDITIONAL MEDICAL SUPPLIES
7 AND EQUIPMENT FOR POLICE I EMS MEDAVAC
8 HELICOPTER
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 That $61,600 is hereby appropriated from the fund balance of the Emergency
13 Medical Services Four-Far-Life Special Revenue Fund to the FY 2007-08 Operating
14 Budget for the purchase of additional medical supplies and equipment for the Police I EMS
15 Medavac Helicopter.
16
17 Adopted by the Council of the City of Virginia Beach, Virginia, on the ?nn day of
18 October, 2007.
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 B
Management Services
CA 10506
R-1
September 18, 2007
Four-for-Life Eqy!pment Description
. Helicopter litter system = $30,000
. Two (2) Propaq L T and accessories ($6,000 each)
$12,000
. MRL PIC50 monitor-defibrillator $12,000
. NVEC Mini-IR thermal imager, ~ 7,600
Total $61,600
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $60,000 FROM THE FEDERAL EMERGENCY
3 MANAGEMENT AGENCY TO THE DEPARTMENT OF
4 HOUSING AND NEIGHBORHOOD PRESERVATION'S
5 FY 2007-08 OPERATING BUDGET FORA DISASTER
6 HOUSING ASSISTANCE PROGRAM GRANT
7 WHEREAS, the Federal Emergency Management Agency (FEMA) is partnering with
8 the U.S. Department of Housing and Urban Development to turn over the administration of
9 FEMA'S Disaster Housing Assistance Program, which assists persons displaced by
10 Hurricanes Katrina and Rita, to local housing agencies for the remainder of that assistance.
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14
15 (1) That $60,000 from FEMA for a Disaster Housing Assistance Program grant is
16 hereby accepted and appropriated to the Department of Housing and Neighborhood
17 Preservation's FY 2007-08 Operating Budget to cover rental housing assistance payments,
18 case management services and related administrative costs to four families currently living
19 in Virginia Beach, who were victims of Hurricanes Katrina or Rita and are receiving
20 assistance from FEMA, with estimated revenue from the federal government increased
21 accordingly.
22
23 (2) That the City Manager is authorized to enter into an agreement with FEMA to
24 administer the Disaster Housing Assistance Program.
25
26 (3) That grant appropriations and estimated revenues will be reduced if the actual
27 grant award is reduced.
Adopted by the City Council of the City of Virginia Beach, Virginia on this 2nd day
of October ,2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
fj ,.'
Ci~~~
CA 10505
R-1
September 18, 2007
~,\~ENTO.t'
l: ~o~:\
\ 11111111 ~l
(;~6"'N DE"~\.O
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Financial Management Center
451 ih Street, S.W. Room 3151
Washington, DC 20410
HUD Home Page: www.hud.gov
August 16, 2007
VA039
CITY OF VIRGINIA BEACH
MUNICIPAL CENTER, BLDG. 18A
2424 COURTHOUSE DR.
VIRGINIA BEACH, VA 234569083
Dear Executive Director:
In the immediate aftermath of the devastation caused by Hurricanes
Katrina and Rita, many PHAs across the country rose to the occasion and
participated with HUD in providing direct rental assistance to families who were
assisted by HUD programs prior to the hurricanes.
Once again, we are calling upon you to help serve families not traditionally
served by HUD programs that are still in desperate need of rental assistance and
case management services.
The Department has entered into an Interagency Agreement with the
Federal Emergency Management Agency (FEMA) to administer a pilot program
called the Disaster Housing Assistance Program (DHAP) on behalf of FEMA.
Under the DHAP, as directed by HUD, a PHA will enter into a grant agreement
with FEMA to receive funding to administer the program. The DHAP provides
rent subsidies and case management services for families determined eligible
for this program by FEMA. While the grant agreements are between the PHAs
and FEMA, HUD is responsible for implementation and will provide technical
assistance, monitoring, and oversight of the program.
DHAP is not funded by HUD's existing programs. Funds to support this
entire effort will come from FEMA's Disaster Relief Fund (DRF). While the true
cost of the program as designed is not yet known, the Interagency Agreement
between FEMA and HUD estimates total costs to be approximately $565 million,
As of today, the Department has secwed $214 million from the DRF in initial
funding to cover all up-front administrative costs, the first four months of HAP
payments and the first six months of case management coverage.
It is our sincere hope that you will assist the Department in taking on this
added responsibility to help these families in need. Your help and expertise is
indispensable. This undertaking does not come without additional workload for
which you will be fairly compensated. As designed, you will be paid all
administrative fees up-front to cover the cost of administering the DHAP.
These administrative fees include a one-time placement fee of $1 ,000 for
families that lease in place or $1 ,500 for families that move. In addition, you will
receive an ongoing administrative fee equaling 15% of the initial DHAP rent subsidy
payment for each family assisted for a 16-month period. This fee will be paid up-
front regardless of the length of time a family remains in the program
PHAs that agree to administer the DHAP at the local level will initiate pre-
transitional case management services for families beginning September 1,2007.
The families that will initially transition to this new program are those that are
currently receiving assistance from FEMA in privately-owned rental housing. A case
management fee of approximately $92 per family per month will be made available
to you to cover the cost of these services. In addition, PHAs will be expected to
make direct disbursements to landlords beginning November 1,2007.
If you feel that at this time your agency does not have the administrative
capacity to serve these families, we ask that you please inform the Department no
later than August 23,2007, and identify another agency (e.g. neighboring PHA
partner or a State agency, etc.) that you believe could administer DHAP on behalf of
the families in your jurisdiction. Otherwise, HUD will send you the grant agreement
that needs to be executed in order to begin transitioning these families into DHAP.
You may contact the Department via email at DHAP@hud.qov.
Our records show that there are ~ families in your jurisdiction that are
eligible for the program. The Department expects to publish final DHAP operating
requirements on HUD's Internet Site by August 17, 2007. Additionally, the
Department will be conducting a satellite broadcast on the DHAP on
August 23, 2007. We will contact you with the coordinates for the broadcast at a
later date. You may email questions about the DHAP prior to the broadcast to the
same email address noted above. If possible, we will provide the answers to the
questions as part of the broadcast.
It has always been our mission to help house families in need. Today, we
have another opportunity to show our commitment to that mission. Once again, let
me express HUD's sincere gratitude for taking on the additional task of
administering disaster rental assistance for the families displaced by Hurricanes
Katrina and Rita while administering HUD's ongoing assisted housing programs.
Sincerely,
David Vargas
David A. Vargas, MSA, CPA
Memo Reference: 07-064
DISASTER HOUSING ASSISTANCE PROGRAM
GRANT AGREEMENT
1. Grant Information
This Grant Agreement ("Grant Agreement") is made by and between the Federal
Emergency Management Agency ("Grantor") and the public housing agency
("Grantee") PHA Number to
administer the Disaster Housing Assistance Program ("DHAP"). DHAP is authorized
under the Department of Homeland Security's general grant authority under section
102(b)(2) of the Homeland Security Act, 6 U.S.C. S 112, sections 408(b)(I), 426 and
306(a) of Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
S 5174(b)(a), S 5189d and S 5149 (a), respectively, and the Economy Act, 31 U.S.C. S
1535. Pursuant to an Inter-Agency Agreement signed by the Federal Emergency
Management Agency (FEMA) and the Department of Housing and Urban Development
(HUD), FEMA transferred the administration of the DHAP to HUD including
administration of this grant agreement.
2. Definitions
Budget Authority The maximum amount of funds available for payment to the PHA
over the term of the Grant Agreement.
Grant Agreement This Grant Agreement for the DHAP. With each Grant Agreement
Funding Increment, the parties commit to the terms of this Grant Agreement.
Commitments for all the funding increments are listed in this Grant Agreement as
Funding Exhibits.
Expenditures Amounts which may be charged against program receipts in accordance
with the Grant Agreement and HUD requirements.
Funding Exhibit An exhibit to the Grant Agreement. The funding exhibit states the
amount and term of funding for a Grant Agreement Funding Increment.
Grant Agreement Funding Increment Each commitment of budget authority by
HUD to the PHA for the DHAP under the Grant Agreement. The funding increments
for the program are listed on the program funding exhibit.
HUD U.S. Department of Housing and Urban Development.
Program The Disaster Housing Assistance Program.
Disaster Housing Assistance Program Grant Agreement - Page 1
Public Housing Agency (PHA) A housing agency or other HUD-designated
intermediary agency with the ability and legal capability to administer the DHAP
assistance that has entered this Grant Agreement with HUD upon executing the DHAP
Grant Agreement.
Program Receipts Amounts paid by HUD to the PHA for the program, and any other
amounts received by the PHA in connection with the program.
3. Funding for PHA Program
a. The funding increments in the DHAP are listed in the funding exhibit for the program.
b. The amount of budget authority for each funding increment in a program is stated in
the program funding exhibit.
c. By giving written notice to the PHA, HUD may revise the funding exhibit for a
program:
(1) To add a funding increment, or
(2) To remove a funding increment for which the Grant Agreement term has expired.
d. The HUD notice must include a revised funding exhibit, specifying the term and
budget authority for each funding increment under the Grant Agreement. The HUD
notice of a revised funding exhibit for a program constitutes an amendment of the
Grant Agreement.
4. Term
a. The funding exhibit states the first date and last date of the Grant Agreement term for
each funding increment
b. If the first or last date ofthe Grant Agreement term for a funding increment is not
entered before the Grant Agreement is signed by the PHA, HUD may enter the date
subsequently, by giving written notice to the PHA.
c. The PHA agrees that costs incurred prior to the execution of this Grant Agreement for
DHAP shall not be reimbursable from this grant.
5. Payments for Program
a. HUD will make payments to the PHA for the program in accordance with DHAP
requirements.
b. For the program, HUD will pay the PHA the amount approved by HUD to cover:
(1 )Rent subsidy payments by the PHA for a program.
(2)PHA fees for administration ofthe program, including case management fees.
(3)Any other costs or fees that HUD determines necessary for the program
administration.
c. The amount of the payment may be reduced, as determined by HUD, in accordance
with DHAP requirements.
d. HUD may require a PHA to transfer payments to another PHA in accordance with the
DHAP requirements.
Disaster Housing Assistance Program Grant Agreement - Page 2
6. Maximum Payments for Program
a. Maximum Limit. The payments for the DHAP must not be more than the sum of the
budget authority amounts for the funding increments in the program.
b. Limit on Payments for Funding Increment. The total amount of payments for any
funding increment over the increment term must not exceed budget authority for the
funding increment.
7. Reduction of Amount Payable by HUD
a. If HUD determines that the PHA has failed to comply with any obligations under the
Grant Agreement, HUD may reduce to an amount determined by HUD:
(1) The amount of the HUD payment for any funding increment.
(2) The budget authority for any funding increment.
b. HUD must give the PHA written notice of the reduction.
c. The HUD notice must include a revised funding exhibit specifying the term and budget
authority for each funding increment under the Grant Agreement. The HUD notice of
revisions to the funding exhibit for the program constitutes an amendment of the Grant
Agreement.
8. PHA Request for Payment
a. The PHA must report to HUD such information as HUD may require to receive
payments for the program. The report to HUD must be submitted at such time and in
such form as HUD may require, and is subject to HUD approval and revision.
b. PHAs, at a minimum, must report the following information and certify that:
(1) Rent subsidy payments have been made in accordance with contracts in the form
prescribed by HUD in accordance with HUD requirements; and
(2) Units have been inspected by the PHA in accordance with HUD and PHA
requirements.
c. If HUD determines that payments by HUD to the PHA exceed the amount of the
payment approved by HUD, the excess must be applied as determined by HUD. Such
applications determined by HUD may include, but are not limited to, application of
the excess payment against the amount of the payment for a subsequent quarter.
d. The PHA must take any actions required by HUD respecting the excess payment, and
must, upon demand by HUD, promptly remit the excess payment to HUD.
e. The accounting system of the PHA shall ensure that it will not commingle these grant
funds with funds from any other sources that include, but are not limited to, other
FEMA or HUD program funds or funds from other Federal, State, tribal or local
government agencies.
9. DHAP Requirements
a. The PHA must comply, and must require owners and families to comply with the
requirements of the DHAP including any amendments or changes in the law or
requirements.
b. The DHAP requirements are embodied in the Inter-Agency Agreement between
FEMA and HUD, the Operating Requirements for the program, any applicable HUD
notices, Federal Register Notices, regulations, contracts and HUD policies for the
DHAP
Disaster Housing Assistance Program Grant Agreement - Page 3
c. The PHA must use the program forms required by HUD.
d. The PHA must proceed expeditiously with the program under this Grant Agreement.
10. Use of Program Receipts
a. The PHA must use program receipts to provide temporary rental assistance for eligible
families in compliance with the DHAP and all HUD requirements. Program receipts
may only be used to pay eligible program expenditures.
b. The PHA must not make any program expenditures, except in accordance with the
reporting and other HUD requirements.
c. If required by HUD, program receipts in excess of current needs must be promptly
remitted to HUD.
11. Depositary
a. Unless otherwise required or permitted by HUD, all program receipts must be
promptly deposited with a financial institution selected as depositary by the PHA in
accordance with HUD requirements.
b. The PHA must enter an agreement with the depositary institution in the form required
by HUD.
c. The PHA may only withdraw deposited program receipts for use in connection with
the program in accordance with HUD requirements.
d. The agreement with the depositary institution must provide that if required under a
written notice from HUD to the depositary:
(1) The depositary must not permit any withdrawal of deposited funds by the PHA
unless withdrawals by the PHA are expressly authorized by written notice from
HUD to the depositary.
(2) The depositary must permit withdrawals of deposited funds by HUD.
e. If approved by HUD, the PHA may deposit under the depositary agreement monies
received or held by the PHA in connection with any contract between the PHA and
HUD.
12 Program Records
a. The PHA must maintain complete and accurate books of account and records for a
program. The books and records must be in accordance with HUD requirements, and
must permit a speedy and effective audit.
b. The PHA must furnish HUD such financial and program reports, records, statements,
and documents at such times, in such form, and accompanied by such supporting data
as required by HUD.
c. FEMA, HUD and the Comptroller General of the United States, or their duly
authorized representatives, must have full and free access to all PHA offices and
facilities, and to all the books, documents and records of the PHA relevant to
administration of the program, including the right to audit and to make copies.
d. The PHA must engage and pay an independent public accountant to conduct audits
that are required by HUD.
Disaster Housing Assistance Program Grant Agreement - Page 4
13. Default by PHA
a. Upon written notice to the PHA, HUD may take possession of rights or interests in
connection with this program, including funds held by a depositary, program receipts,
and rights or interests under a Disaster Rent Subsidy Contract with an owner, or may
order the PHA to take remedial action, if HUD determines that:
(1) The PHA has failed to comply with any obligations under this Grant Agreement;
or
(2) The PHA has failed to comply with obligations under a Disaster Rent Subsidy
Contract with an owner; or
(3) The PHA has failed to take appropriate action, to HUD's satisfaction or as
directed by HUD, for enforcement of the PHA's rights under a Disaster Rent
Subsidy Contract; or
(4) The PHA has made any misrepresentation to HUD of any material fact.
b. HUD's exercise or non-exercise of any right or remedy under the Grant Agreement is
not a waiver of HUD' s right to exercise that or any other right or remedy at any time.
14. Program Closeout
Upon conclusion of the PHA's DHAP program, HUD will conduct a settlement process
in accordance with DHAP operating requirements and then adjust funding for the PHAs
accordingly.
15. Fidelity Bond Coverage
The PHA must carry adequate fidelity bond coverage, as required by HUD, of its
officers, agents, or employees handling cash or authorized to sign checks or certify
vouchers.
16. Exclusion of Third Party Rights
a. A family that is eligible for rent subsidies or rental assistance under this Grant
Agreement is not a party to or third party beneficiary of the Grant Agreement.
b. Nothing in the Grant Agreement shall be construed as creating any right of any third
party to enforce any provision of this Grant Agreement, or to assert any claim against
HUD or the PHA.
17. Grant Misrepresentation
The PHA or any other entity under this instrument who makes or causes to be made a
false statement, claim or misrepresentation, which the Grantee or entity knows or has
reason to know is false, may be imprisoned and/or fined in accordance with the civil or
criminal penalties and/or fines applicable under law, including Title 18 of the United
States Code (US.C.), Title 31, section 3801, et seq. (Program Fraud Civil Remedies
Act) and any other applicable provision or Federal, state or local law.
Disaster Housing Assistance Program Grant Agreement - Page 5
18. Grant Agreement
a. The Grant Agreement is an agreement between FEMA and the PHA.
b. The Grant Agreement shall not be amended or modified without prior written
approval from FEMA.
c. FEMA will make funds available to HUD and the PHA pursuant to this Grant
Agreement and the DHAP Requirements in the manner and amounts described herein.
19. Termination
The Grant term shall begin on
March 1,2009.
and shall end no later than
20. Acknowledgements
a. The Grantor and the Grantee acknowledge HUD's right to administer and enforce the
provisions under this Grant Agreement, the Standard Operating Procedures and any
subsequent HUD directives and guidance for the DHAP.
b. By entering into this Grant Agreement, it is so acknowledged by the signature
below, that the Grantee has the legal capacity and authority to administer the
DHAP in the jurisdiction covered by this Agreement.
WITNESS WHEROF, the parties have executed this Grant Agreement by their duly
authorized signatories as of the date signed by both parties.
United States of America
Federal Emergency Management Agency
Signature of Authorized Representative
x
Date Signed
Name and Official Title (Print or Type)
DHAP FEMA Assistance Officer, Office of the Assistant Administrator of the Grant Programs
Directorate
Housing Agency
Name of Agency
Signature of Authorized Representative
x
Date Signed
Name and Official Title (Print or Type)
Disaster Housing Assistance Program Grant Agreement - Page 6
- 30 -
Item V.J.4.
ORDINANCES/RESOLUTIONS
ITEM #56904
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED:
Resolution to APPOINT Erin T. Stubbe as an Associate City Attorney,
effective October i6, 2007.
Voting:
i 0-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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:
Robert M Dyer
October 2, 2007
1 A RESOLUTION APPOINTING ERIN 1. STUBBE TO THE
2 POSITION OF ASSOCIATE CITY ATTORNEY
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5
6 That pursuant to 9 2-166 of the City Code, Erin 1. Stubbe is hereby appointed to
7 the position of Associate City Attorney, effective October 16,2007.
8
9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2ruL day of
10 October ,2007.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
Ci
CA-10502
R-1
September 17, 2007
- 31 -
Item V.J.5a/c
ORDINANCES/RESOLUTIONS
ITEM #56905
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED:
Resolutions re compensation for CITY COUNCIL APPOINTEES:
a. City Manager
c. City Assessor
Voting:
8-2 (By Consent))
Council Members Voting Aye:
Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph and Reba S. McClanan
Council Members Absent:
Robert M Dyer
October 2, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY MANAGER
WHEREAS, City Council has evaluated the performance of the City Manager;
and
WHEREAS, based upon this evaluation, City Council has determined that an
increase in the City Manager's compensation would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That, consistent with pay increases applicable to all City employees,
effective July 1, 2007, the salary of the City Manager is hereby increased by one and
one-half percent, and effective December 1, 2007, the salary of the City Manager is
hereby increased by an additional two percent.
2. That the City's contribution to the City Manager's deferred compensation
plan is hereby increased from $20,000 to $20,500 annually.
3. That the car allowance of the City Manager shall be $12,000 annually.
4. That the City will pay up to $2,684 annually on behalf of the City Manager
in premiums for long term care insurance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd
day of Or.tohpr ,2007.
APPROVED AS TO LEGAL
SUFFICIENCY:
?~~
City Attorney's Offl
CA 10468
September 26, 2007
R3
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY REAL
3 ESTATE ASSESSOR
4
5 WHEREAS, City Council has evaluated the performance of the City Real Estate
6 Assessor; and
7
8 WHEREAS, based upon this evaluation, City Council has determined that an
9 increase in the City Real Estate Assessor's compensation would be appropriate.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 1. That, consistent with pay increases applicable to all City employees,
15 effective July 1, 2007, the salary of the City Real Estate Assessor is hereby increased
16 by one and one-half percent, and effective March 1, 2008, the salary of the City Real
17 Estate Assessor is hereby increased by an additional six and one-fifth percent.
18
19 2. That the City shall contribute $4,000 to the City Real Estate Assessor's
20 deferred compensation plan.
21
22 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd
23 day of October ,2007.
APPROVED AS TO LEGAL
SUFFICIENCY:
~~ok-
CA 10465
September 26,2007
R3
- 32 -
Item V.J.5b/d.
ORDINANCES/RESOLUTIONS
ITEM #56906
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED:
Resolutions re compensation for CITY COUNCIL APPOINTEES:
b. City Attorney
d. City Clerk
Voting:
i 0-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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:
Robert M Dyer
October 2, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY ATTORNEY
WHEREAS, City Council has evaluated the performance of the City Attorney;
and
WHEREAS, based upon this evaluation, City Council has determined that an
increase in the City Attorney's compensation would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That, consistent with pay increases applicable to all City employees,
effective July 1, 2007, the salary of the City Attorney is increased by one and one-half
percent, and effective November 1, 2007, the salary of the City Attorney is increased
by an additional two percent.
2. That the City's contribution to the City Attorney's deferred compensation
plan is hereby increased from $20,000 to $20,500 annually.
3. That the car allowance of the City Attorney shall be $10,000 annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd
day of October ,2007.
APPROVED AS TO LEGAL
SUFFICIENCY:
~~~
City Attorney's Office
CA 10466
September 26, 2007
R3
...
"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY CLERK
WHEREAS, City Council has evaluated the performance of the City Clerk; and
WHEREAS, based upon this evaluation, City Council has determined that an
increase in the City Clerk's compensation would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1 . That, consistent with pay increases applicable to all City employees,
effective July 1, 2007, the salary of the City Clerk is hereby increased by one and one-
half percent, and effective November 15, 2007, the salary of the City Clerk is hereby
increased by an additional two percent.
2. That the car allowance of the City Clerk shall be $10,000 annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nn
day of October ,2007.
APPROVED AS TO LEGAL
SUFFICIENCY:
~~~
City Attorney's 0 Ice
CA10467
September 26, 2007
R3
- 33 -
Item V-K.1.
APPOINTMENTS
ITEM #56907
Upon motion by Vice Mayor Jones, City Council APPOINTED:
Indy Freemont
Unexpired Term thru 5.31.09
MINORITY BUSINESS COUNCIL
Voting: i 0-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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:
Robert M Dyer
October 2, 2007
- 34 -
Item V-K.2.
APPOINTMENTS
ITEM #56908
ADD-ON
Upon motion by Vice Mayor Jones, City Council REAPPOINTED:
William D. Almond
John F. Malbon
Extended Terms One Year
01.01.08 thru 12.31.08
RESORT ADVISORY COMMISSION
Voting: i 0-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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:
Robert M Dyer
October 2, 2007
- 35 -
Item V-K.3.
APPOINTMENTS
ITEM #56909
ADD-ON
Upon motion by Vice Mayor Jones, City Council APPOINTED (Effective October 1,2007):
Council Members:
Rosemary Wilson Bob Dyer Harry Diezel {Alternate}
Tenure
Land Use Planner:
Bob Miller 1 year 10.01.07 thru 09.30.08
Licensed Real Estate Salesperson/Broker:
Dick Thurmond 2 years 10.01.07 thru 09.30.09
Representative of Lending Institution for Residential Development:
Hank Boyd 3 years 10.01.07 thru 09.30.10
Builder of Single Family Detached/Attached Housing:
John Oliveri
4 years 10.01.07 thru 9.30.11
Builder of Multi-Family Housing:
Ronald Ripley
1 year 10.01.07 thru 09.30.08
Planning Staff Member:
Stephen White
2 years 10.01.07 thru 09.30.09
Representative of Non-Profit Housing Organization:
Mary Kay Horoszewski
3 years 10.01.07 thru 09.30.10
Citizens At-Large Living In Virginia Beach:
Tim McCarthy
4 years 10.01.07 thru 9.30.11
Dan Baxter
1 year 10.01.07 thru 09.30.08
William Adam White
2 years 10.01.07 thru 09.30.09
WORKFORCE HOUSING ADVISORY BOARD
October 2, 2007
- 36 -
Item V-K.3.
APPOINTMENTS
ITEM #56909 (Continued)
ADD-ON
Voting: i 0-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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:
Robert M Dyer
October 2, 2007
- 37 -
Item V-L/M.
NEW BUSINESS
ITEM #56910
Cindy Curtis, Director - Parks and Recreation, advised Sheila Walker, Executive Director of the United
States Field Hockey Association, advised in late May the Association intended to relocate the Us.
Women's National Team (approximately eighteen (18) to twenty (20) individuals) to Chula Vista,
California, at the end of 2007. This relocation was necessary to provide team members with access to
"high performance" training and medical facilities not readily accessible to them in Virginia Beach as
they prepare for the 2008 Olympic Games. Charlie Meyer, Chief Operating Officer, and Ms. Curtis met
with Mrs. Walker in late June and discussed training amenities needed for the team to train full time at
the National Training Center for the the 2008 Olympic Games. They shared the lack of indoor workout
space and high performance medical facilities near the Virginia Beach Training Center during the Winter
months were forcing them to move the team. The National Team is considered a contender for a medal
in the upcoming Olympics; failure to provide these support facilities to the players in preparation for the
Games could negatively impact their success. Mrs. Walker was advised of the City's intent to develop the
acreage adjoining the Sportsplex with a privately funded indoor athletic venue and of Sentara's
application of the construction of a full service medical facility within Princess Anne Commons. Mrs.
Walker led them to believe the construction of such faculties might allow the Women's National Team to
return to Virginia Beach 'year round. Ms. Walker was assured Ms. Curtis and Mr. Meyer would
recommend amending the agreement to ensure the continuation of a positive relationship in upcoming
eventts/tournaments.
Memorandum of October 2, 2007, re the United States Field Hockey Association National Team is
hereby made a part of the record.
(6:15 P.M. - 6:27 P.M.)
October 2, 2007
- 38 -
Item V-No
ADJOURNMENT
ITEM # 56911
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:11 P.M.
~d~~_~/./
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
a_~~~
~dges Fraser, MMC
City Clerk
---------------------------------
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
The Public Comment Session adjourned at 6 15 P.M.
October 2, 2007
- 39-
OPEN DIALOGUE
Non Agenda Items
Alicia Fernandez-Bobulinski, 999 Kelso Court, Phone: 375-8i95, spoke re immigration, and advised no
one condones breaking the law; however, not even the fear of death has deterred a number of individuals
from coming to the United States in the hopes of a better life. These undocumented, illegal, or
unauthorized people residing in Virginia Beach are contributingfunds to the economy. Many have small
businesses, some work in construction, lawn services, et cetera. These individuals do pay taxes, through
the ITIN number and also sales taxes. By law, the undocumented are not allowed to receive Social
Services. They are Church going and God Fearing. Even the Military have undocumented serving in
their branches, hopingfor citizenship. Hopefully, the General Assembly will ensure the laws are
enforced. Connecticut, New Jersey and California have identified the undocumented, which does not
give legal status, but this process can determine if any have committed crimes.
October 2, 2007