HomeMy WebLinkAboutJUNE 10, 2008 MINUTES
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CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
flCE MAYOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. DlEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District I
BARBARA M. HENLEY, Princess Anne District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
10 JUNE 2008
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES FRASER, MMC
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
2:30 PM
A. EMPLOYEE and RETIREE HEALTH CARE COVERAGE CHANGES
Susan D. Walston, Chief of Staff
II, CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
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I V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION
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
June 3, 2008
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. LICENSE for use of CITY PROPERTY
Starbucks Corporation at Ocean 31 - 241 Laskin Road
2. LEASE OF CITY PROPERTY
Kenneth Miller (t/a Yoder's Dairies of Tidewater) - Farmer's Market Space #14
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Ordinances re the tax levy on Personal Property, Machinery and Tools:
a. AMEND the tax levy for Calendar Year 2009, decreasinl! the tax rate
b. AMEND the FY 2008-09 Capital Budget by reducinl! the General Fund
c. TRANSFER to Economic Development Investment Program reducing
the EDIP by $1,281,316
2. Ordinance to AMEND S 6-12 of the City Code re riding horses on the beach.
(Requested by Councilman DeSteph)
DEFERRED
MAY 27,2008
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3. Ordinance to ADD 921-322.1 to the City Code re Veterans paid parking exemption.
(Requested by Mayor Obemdorf, Vice Mayor Jones and Council Members DeSteph, Dyer,
Diezel, McClanan, Uhrin, Villanueva, Wilson and Wood)
4. Resolution to REFER to the Planning Commission, for their recommendation:
AMENDMENTS to 9111, 901, 1001, 1511 and 1521; and,
ADD 9223.1 to the City Zoning Ordinance (CZO) re
automobile museums. (Requested by Councilman DeSteph)
5. Ordinances re the City's Employment Benefits:
a. EST ABLISH a TRUST, pursuant 915.2-1544 of the Virginia State Code re other
Post-Employment Benefits and Virginia Pooled OPEB Trust Fund
b. AUTHORIZE participation in the Virginia Pooled OPEB Trust Fund
c. ESTABLISH and APPOINT a Local Finance Board with terms of two years
d. APPROPRIATE $2,000,000 from the General Fund Balance
e. TRANSFER $3,000,000 from the Dedicated Reserve for Contingencies re GASB
45 Retiree Health Liability compliance.
6. Ordinance to AUTHORIZE a License Agreement with Starbucks Corporation
re an outdoor seating area at Ocean 31, 241 Laskin Road.
DISTRICT No.6 - BEACH
7. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned
property known as Space #14 in the Virginia Beach Farmer's Market with
KENNETH MILLER (t/a Yoder's Dairies of Tidewater, Inc.).
8. Ordinance to AUTHORIZE a thirty [30] day extension to the Purchase Agreement
between the City and LIFENET.
9. Resolution DIRECTING the City Auditor conduct a financial and performance audit ofthe
Department of Communications and Information Technology (ComIT).
10. Resolution to RECOGNIZE and COMMEND the United States Field Hockey Team for
their outstanding accomplishment in pursuit of the GOLD in the Beijing Olympics.
11. Ordinance to AUTHORIZE the acquisition of property at 5720 Normandy Avenue from
the Trustees ofthe Reformed Baptist Church of Virginia Beach (f/k/a Kempsville
Chapel) re Avalon Woods neighborhood park.
DISTRICT 2 - KEMPSVILLE
12. Ordinance to APPOINT three (3) Viewers for one-year (1) terms beginning July 1,2008,
re each street or alley proposed to be closed:
1. Director of Planning
2. Director of Public Works
3. Director of Parks and Recreation
13. Ordinance to AUTHORIZE the reimbursement of$2,147 re a City Employee's legal fees
for expenses incurred in the successful defense of a misdemeanor charge arising from the
discharge of official duties.
14. Ordinances to REVISE categorical appropriations for the FY 2008-09 School Operating
Budget and Special Revenue Funds as requested by the School Board:
a. Adjusted appropriations to the School Operating Budget:
1. $ 550,719,456 Instruction
2. $ 43,235,324 Administration, Attendance and Health
3. $ 30,954,363 Pupil Transportation
4. $ 92,403,639 Operations and Maintenance
5. $ 24,003,400 New School Technology Category
6. $ 2,865,738 Reduction in State revenue
b. Adjusted appropriations to School Special Revenue Funds:
1. $3,815,945 School Instructional Technology
2. $1,837,129 School Equipment Replacement
15. Ordinance to APPROPRIATE $300,000 from the Commonwealth of Virginia
reimbursement of Jail Expenses to the FY 2007-08 Sheriff's Special Revenue Fund re
increased inmate population.
16. Ordinance to APPROPRIATE $17,637 violation charge revenue of the Chesapeake Bay
Preservation Ordinance to the Agriculture's FY 2007 -08 Operating Budget re wetlands and
coastal sand dune restoration and enhancement.
17. Ordinance to TRANSFER $292,790 from the Operating to the Capital Outlay accounts
within the Parks and Recreation's FY2007-08 Operating Budget re the purchase of
capital equipment for each Recreation Center
DEFERRED
JUNE 3, 2008
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K. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BEACHES and W A TERW A YS COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
ALL PLANNING ITEMS FOR JUNE WILL BE
HEARD AT THE FORMAL SESSION ON
TUESDA Y. JUNE 24. 2008
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CITY COUNCIL TWO-DAY RETREAT
AUGUST 22-23, 2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 10, 2008
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re EMPLOYEE and
RETIREE HEALTH CARE COVERAGE CHANGES in the City Council Conference Room, City Hall,
on Tuesday, June 10, 2008, at 2:30 P,M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L.
Wood
Council Members Absent:
None
June 10, 2008
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CITY MANAGER'S BRIEFING
EMPLOYEE and RETIREE HEALTH CARE COVERAGE CHANGES
2:30 P.M.
ITEM # 57697
Susan D, Walston, Chief of Staff referenced the Resolution Authorizing Changes to the Heath Care
Coverage available to Active and Retired Employees (Distributed on June 3, 2008 by Council Members
DeSteph and Diezel). Each of the items contained within the Resolution were stated and clarified.
1. "That City employees who retire (or have retired) before age 65 with at least 25 years of service or
combined years of services with the City, Schools and/or a state agency whose employees are
covered by the City's healthcare plan, as well as those who retire on a work-related disability
compensable under the Workers Compensation Act before age 65 with at least 5 years of services
with any combination of the above-listed employers, shall receive the same coverage that is
provided to City employees, until they reach age 65. "
. Retirees continue to receive City contribution equal to amount given to employees and can access
employee plans
. Blended rate (employees and Retirees) to be used for HMO subscriber only premium
. Stajfto determine whether to use blended rate to set PPO and Basic PPO subscriber only
premiums
. Retiree POS (Point of Service) plan can continue to be ojfered
2. "That all current andfuture Retirees may take advantage of the spousal and/or eligible dependent
coverage provided that the Retiree pays the full actual cost of such coverage. "
. All City Retirees, regardless of service time, will pay the full cost of coverage for
spouse/dependents
. School Retirees with prescribed service time will pay based on Schools plan to reduce implicit
subsidy/liability instituted in Plan Year 2007
Ci
Annual Cost Reduction
GASB (funded) Liability Reduction
ARC (funded) Reduction
$1.02M
$12.4M
$1.5M
Retiree Impact based on 2008 HMO Rates (rounded)
Tier Monthly Annual
Retiree + Child $78 + $114 = $192 $941 + $1,357 = $2,298
Retiree + Children $370 - $41 = $329 $4,441 - $489 = $3,952
Retiree + Spouse $261 + $380 = $641 $3,135 + $4,556 = $7,691
Retiree + Family $501 + $324 = $825 $6,009 + $3,886 = $9,895
3. "That the premium charged for single subscriber HMO coverage for Retirees who retire from the
City with at least 25 combined years of service, Schools, and/or a state agency whose employees are
covered by the City's health care plan, as well as those who retire on a work-related disability
compensable under the Workers Compensation Act before age 65 with at least 5 years of service
with any combination of the above-listed employers, shall be the same premium for single
subscriber HMO coverage that was in effect on the date that the employee retired. "
June 10, 2008
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CITY MANAGER'S BRIEFING
EMPLOYEE and RETIREE HEALTH CARE COVERAGE CHANGES
ITEM # 57697 (Continued)
. Current City Retirees and City employees who retire in 2009 will have the subscriber only rate
frozen at the 2009 rate
. Future City Retirees will have the subscriber only rate frozen at the amount charged in the
year of retirement
. Guaranteed rates reduce future flexibility to impact GASB liability
. Schools is not freezing subscriber only rates for Retirees
. We currently exceed the number of VRS allowable premium deductions
(25), therefore the number of retirees that are prevented from having
their premiums deducted from their pension checks will increase. Out of
66 premium rates, the Benefits Office handles 41 manually, with retirees
making payments by check.
Cit Financial 1m act
Annual Cost Increase
GASB (funded) Liability Increase
ARC (funded) Increase
$O.1M
$O.9M
$O.1M
Retiree/Employee Impact
. Retirees will have stable health care premiums, unless cover
spouse/dependents
. At some point, retirees will pay less than active employees
4. "That City employees who retire (or have retired) before age 65 with less than 25 years of service
shall be allowed to receive the same coverage as employees, including spousal and dependant
coverage, until they reach age 65, but such Retirees shall pay the full actual costs of such coverage,
both for themselves and for their spouse and eligible dependents. "
Change instituted in Plan Year 2008
City Financial Impact (2008)
Annual Cost Reduction SO.1M
GASB (funded) Reduction $2.6M
ARC (funded) Reduction SO.3M
Concern was expressed re former employees staying on the City's health care plan, who do not complete
the twenty-five (25) years. Vice Mayor Jones considered this a liability.
Ms. Walston advised it has been a practice for some time, Individuals who work for the City and retired
under VRS could elect to remain on the plan, if they were a member of the plan in the last year of their
employment and had signed up at the time of retirement, Other Retirees were allowed to stay on health
care at the cost of coverage, without the contribution. The rates have been adjusted at City Council's
direction since discussions of GASB ensured. Effective in 2008, any implicit subsidy for dependent
coverage was removed from the rates, Those Retirees' premiums increased effective 2008, The
individuals included in the census valuation, are the current Retirees and employees, and then we use the
same probabilities as the Virginia Retirement System does, in terms of mortality rate, Ms, Walston
advised approximately ten percent (10%) of the total number of Retirees enrolled have less than twenty-
five (25) years of service, There are 271 Retirees (City side) on the HMO plan and 368 on the Point of
Service plan. The financial impact shall be provided.
As requested by Councilman Diezel, demographics will be provided by City Staff re employees retiring
with less than twenty-five (25) years of service, who are subscribing to the Health Care Coverage.
June 10, 2008
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CITY MANAGER'S BRIEFING
EMPLOYEE and RETIREE HEALTH CARE COVERAGE CHANGES
ITEM # 57697 (Continued)
Linda Matkins, Benefits Coordinator - City and Schools, advised that sometimes individuals do not
commence their employment with the City at a young age; therefore, it might be experienced hires that
cannot arrive at their twenty-five (25) years of service.
5. "That City Council supports retaining the self-insured health care plan. "
. Staff will continue to monitor and keep City Council informed
. At time of reauthorization of current contract, staff will evaluate whether to put out RFP
requesting responses on both self-insured and fully insured plans
Ms, Walston advised, at the present time, the contract is a three-year contract with four one-year
renewals (RUNNING THROUGH 2010). An RFP could be conducted in 2010, if the City wished to
examine a different plan for 2011,
6. "That it shall be the policy of the City Council that all current employees and future Retirees shall
contribute to the cost of their health care coverage. The employee and Retiree contribution shall
be set by the City Council with a recommendation from the City Manager based on the experience
of the plan, the City's annual contribution amount and the remaining premium cost. For the 2009
plan year, current employees, and employees who retire during calendar year 2009, shall pay a
premium of $25 per month for single subscriber coverage in the HMO plan. "
. Schools has approved $10 per month for HMO subscriber only coverage for employees
(Annual Cost Reduction = $0.7M)
City Financial Impact
$1.0 M
$ 1.4 M
$0.2M
Employee/Retiree Impact
City employees will pay more than Schools employees
City Retirees with prescribed service time will continue to have premiums less than School
Retirees with the same service time, but some receive VRS Health Care Credit
7. "That City Council will establish a deductible for all health care plans in order to assist in
controlling long term costs by engaging employees in consumer based decisions. For the 2009
plan year, Council hereby establishes a deductible of $100 per individual and $200 per family
within the HMO plan, subject to the maximum out-of-pocket expense for an individual of $1,500
and of $3, 000 for a family. "
. The Benefits Executive Committee (BEe) met June 4 and began the rate setting process by
reviewing 2008 1st Quarter experience
. Deductible will be included in 2009 plans and rates
June 10, 2008
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CITY MANAGER'S BRIEFING
EMPLOYEE and RETIREE HEALTH CARE COVERAGE CHANGES
ITEM # 57697 (Continued)
City and Schools Financial Impact
$ 1.2 M
S1.9M
SO.2M
8. "That beginning in plan year 2010, the City shall offer to its employees a high deductible health plan
with a health savings account. "
The Benefits Executive Committee (BEe) has included on their work plan
9. "That City Council supports the current consolidated health insurance plan with City and School
employees and Retirees and directs the City Manager to work with the Superintendent of Schools
and the Consolidated Benefits Executive Committee. "
Coordinated process will continue
10. "The !Hternal Ci/V Auditor is directed to provide for an actuarial evaluation of Retiree health care
costs annually
. City Auditor indicates allocation of audit resources will be required to coordinate with Mercer
for review of most recent actuarial valuation
. Liability was reduced due to significantly improved experience trend and changes in:
- Plan Design (i.e. introduction of co-insurance, higher co-pays)
- Premium Costs (i.e. higher City contribution, higher employee premiums, reduction of
implicit subsidy to Schools Retirees, charge to Retirees with less than prescribed years
of service for full cost of spouse/dependents
- Eligibility (lowered age for dependents: City 25723, Schools 25724)
. Actuarial valuation decreased between October 2006 and December 2007 valuations.
2006
$200.6M
S 28.7 M
2007
S157 M
$ 19.5M
11. "That the City Auditor is directed to conduct an audit of health care claims by an independent
outside firm."
. City Auditor indicates allocation of audit resources will be required for RFP process and to
oversee independent auditing firm.
. City Auditor has joined the Request For Proposal (RFP) Committee for 2007 Claims Audit.
June 10, 2008
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CITY MANAGER'S BRIEFING
EMPLOYEE and RETIREE HEALTH CARE COVERAGE CHANGES
ITEM # 57697 (Continued)
Timeline for Committee
June 19,2008 Next Meeting
June - Ju{y 2008 Advertise
Julv 2008 Responses Due
AUJ!ust - October 20008 Conduct Audit
12. "That this resolution shall supersede the Health Care resolution adopted by the City Council on
December 15,1992."
Total Financial Impact
City City/Schools Schools Total
Deductible Employee Only
($10/month)
Annual Cost $ 1.92 M $ 1.2M $0.7M $ 3.82 M
Reduction
GASB (funded) $12.9 M $ 1.9M
Liabilitv Reduction -- $14.8 M
ARC (funded) $ 1.6 M $ 0.2M
Reduction -- $ 1.8 M
Relative concerns re the category "double family", City Council Lady Henley was advised there have
been no changes, There is some inequity between the ranges in the "double employee"/"double family"
category. This concept shall be investigatedfurther in 2010.
Information shall be provided in City Council's Agenda packages.
June 10, 2008
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CITY COUNCIL COMMENTS
3:32 P.M.
ITEM # 57698
Mayor Oberndorf distribution a proposal from the Virginia Beach Council of Civic Organizations
(CCO) Resolution in Support of Changes to Process for Collecting Stakeholder Input to City's Annual
Legislative Package. Said information is hereby made a part of the record The Council of Civic
Organizations requests the City Council to direct staff, no later than April 30, 2008, to set a time, date
and location for the 2008 Community Legislative Forum.
Councilman DeSteph advised he received a copy of the request from the Council of Civic Organizations
and forwarded same to Robert Matthias, Assistant to the City Manager, requesting clarification and
current schedule. Councilman DeStephforwarded this information to the CCo.
Council Members Villanueva and Wilson, Council Liaisons to the General Assembly, would like the
opportunity to meet with the CCO. Robert Matthias, Assistant to the City Manger, shall work with
Council Members Villanueva and Wilson and information shall be provided to City Council.
ITEM # 57699
Council Members Dyer and Wilson distributed a concept plan re a Budget Study Commission, Said
information is hereby made a part of the record. The study areas follow the recommendations of the Blue
Ribbon Task Force, as they refer to budget processes except for the first area focusing on budget
mechanics, This is a DRAFT for the review of City Council. This will be an on-going budget study
commission established for the purpose to assist the City Manager and the City Council in the
development of an annual budget that is efficient, effective, transparent to and easily understood by the
public, as well as linked to a strategic plan.
The study areas follow the recommendations of the Blue Ribbon Task Force as they refer to budget
processes except for the first area focusing on budget mechanics. This will be a shift to an outcome-
driven budget process whereby City Council, with input form all stakeholders, decides on specific,
measurable and attainable results which staff will be asked to deliver with a specified time line,
One of the most important aspects of this Commission would entail spending guidance to ensure that the
City's Operating Budget does not grow faster than the citizens' ability to pay.
ITEM # 57700
Councilman Villanueva invited the Mayor and Members of City Council to the Philippine Independence
Celebration, Philippine Cultural Center, Thursday, June 12, 2008, 6:00 P.M.
ITEM # 57701
Mayor Oberndorf advised she mentioned at the Historical Society meeting last evening, June 9, 2008, the
accomplishments of Filipino-Americans, especially Councilman Villanueva, as being the first elected City
official, his youth and his vital contributions,
June 10, 2008
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AGE N DA REV IE W S E S S ION
3:48 P.M.
ITEM # 57702
J.2. Ordinance to AMEND 9 6-12 of the City Code re riding horses on
the beach. (Requested by Councilman DeSteph)
Council Lady Henley referenced the revisions to the Franchise. The hours of operation would be
reduced for the Summer: eliminating the hours of operation from the Second week in June through Labor
Day (Summer Season), The Operational Plans shall also include:
"If the Chief of Police or designee determines that allowing horseback riding on a
specific day would jeopardize public safety, the Chief or his designee may require the
franchisee to refrain from offering horseback riding or curtail the hours of operation
on that specific day. "
Council Members DeSteph and Uhrin met with the applicant and shared concerns re horse riding during
the peak of the season. The applicant was amendable to assuming further restrictions.
Correspondence from Frank J. Scanlon, Senior Environmental Health Manager, noting his concerns
were referenced. Memorandum of June 3, 2008, is hereby made a part of the record.
Council Lady Henley referenced e-mail of Natasha Clarke - Old Virginia Carriage Company,
referencing food borne bacteria being rampant on raw fruits and vegetables, Coreous fruits, such as
strawberries and green leafy vegetables, are the biggest culprits, Council Lady Henley will request Carl
Schiemann, Extension Agent - City of Virginia Beach, to address the correspondence.
ITEM # 57703
J. 3. Ordinance to ADD 921-322,1 to the City Code re Veterans paid
parking exemption.
Council Lady Henley distributed an amendment with insertions noted in "red" clarifying the veteran
being in the motor vehicle and time-based restrictions,
Deputy City Attorney Macali noted the following insertions in paragraph (a) and (b):
"or a person transportinfl such veteran in a motor vehicle displavinfl special
license plates. "
"or metered parkinfl spaces. "
Deputy City Attorney Macali advised there is a maximum time requirement of (3) three hours on metered
parking spaces, which applies to Veterans, as well.
June 10, 2008
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AGE N DA REV IE W S E S S ION
ITEM # 57704
J.5. Ordinances re the City's Employment Benefits:
a. ESTABLISH a TRUST, pursuant 915.2-1544 of the Virginia State
Code re other Post-Employment Benefits and Virginia Pooled OPEB
Trust Fund
b. AUTHORIZE participation in the Virginia Pooled OPEB Trust Fund
c. ESTABLISH and APPOINT a Local Finance Board with terms of
two years
d. APPROPRIATE $2,000,000 from the General Fund Balance
e. TRANSFER $3,000,000 from the Dedicated Reserve for Contingencies
re GASB 45 Retiree Health Liability compliance.
Vice Mayor Jones referenced correspondence of June 9, 2008, from Dr. Daniel D, Edwards - School
Board Chairman - Virginia Beach City Public Schools, The Virginia Beach City School Board is
reviewing the option of either (1) creating their own Local Finance Board, or (2) joining a joint City-
School Finance Board. The School Board meets on June 17, 2008, and will be making decisions
concerning this, During the Briefing on this subject matter, there was discussion concerning if the School
Board were to join a joint City-School Finance Board, that School Board appointees should comprise at
least 40% of the members of the Local Finance Board. Said correspondence is hereby made a part of the
record.
The City Manager advised there would be a five (5) member board, if the Schools were to join the Local
Finance Board:
City :
Virginia Beach City Public Schools:
Director of the Finance Department
City Treasurer
Citizen member
Chief Financial Officer
Citizen member
Councilman Uhrin advised the benefits must be in a Trust by July First, or have a briefing on June 24,
2008, to determine exactly what the impact of the current budget year and outgoing budget year are,
without having it funded.
Susan Walston, Chief of Staff, advised the City would have the option in future years, if the City wished,
to move funds to another trust.
Council Lady McClanan requested the City Attorney provide information concerning the Trust,
encompassing the facts, legalities and repercussions, if the City did not establish a trust.
This item shall be DEFERRED until the City Council Session of June 24, 2008.
June 10, 2008
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AGENDA RE VIE W SESSION
ITEM # 57705
J.9. Resolution DIRECTING the City Auditor conduct afinancial and
performance audit of the Department of Communications and
Information Technology (ComIT).
* On Line 32, the word E3 shall be eliminated.
"5. That the above audits shall include analysis of pertinent EJ. employee suggestions."
Susan Walston, Chief of Staff, advised E3, stood for a Program entitled "Efficiency, Effectiveness and
Excellence" and has now been assumed by the Employee suggestion Program, operated by Management
Services,
ITEM # 57706
J.17. Ordinance to TRANSFER $292,790 from the Operating to the
Capital Outlay accounts within the Parks and Recreation's
FY2007-08 Operating Budget re the purchase of capital
equipment for each Recreation Center
Council Lady McClanan referenced the information received, and believes further discussion is merited.
She requested data re the Recreation Center Referendum, its allocation history and equipment to be
purchased. The tax rate for construction has now been incorporated into maintenance and long-term
operation. This should be a Citv Council policv decision and not city staff. Council Lady McClanan
believes if the City were to continue constructing Recreation Centers, the City Council could not commit
to expending as much money for maintenance.
Council Lady Henley referenced the dedicated funding sources, not just from the Recreation Centers, but
did include the other Referendum in 1986 (Schools and Roads), A Sunset Clause was not placed on the
Referenda. The main issue was the public's trust. The public was informed the taxes had to be raised to
build these specified facilities. As twenty years have past, these dedicated funding sources need to be re-
examined. The tax rate support was further reduced in 2008 from 3.7 cents to 3.476 cents, Actually, the
School formula came about after these occurrences, Approximately 7 ~ of the City's portion of the real
estate tax is utilized to operate and maintain the Recreation Centers, Council Lady Henley referenced the
chart entitled "Allocation of Recreation Center Dedicated Real Estate Tax Revenue (Historical and
Projected) ". The main component is the operating expense. Council Lady Henley expressed concern re
competing with the private fitness centers, Catheryn Whitesell, Director of Management Services, revised
her figures advising $2.3-MILLION for each Recreation Center and then other $.5-MILLION in other
departments for maintenance, which does not include the large maintenance expenses in the Capital
Improvement Program. Therefore, the City Council is examining between $2.5 and $3-MILLION for
each Recreation Center each year. The dedicated funding sources need to be re-examined.
Mayor Oberndorf referenced the first Recreation Center Referendum, in 1986, (Great Neck Area) which
failed. The public advised they did not vote unless they had a Recreation Center in their area for which
to lookforward. In 1987, the Referendum encompassed Recreational Facilities in the Lynnhaven, Bayside
and Princess Anne Burroughs, as well as renovation and improvement of the existing Bow Creek
community recreational facility. A plan for the City was detailed. Mayor Oberndorf spoke to each of the
Civic Leagues providing information re these recreational opportunities. These Centers have been an
extraordinary and positive success for the citizens of Virginia Beach. Opportunities are available for
children in the "before and after" school programs for working parents. Information was provided to the
citizens advising the funding sources would pay for the construction, staffing and maintenance of the
Recreation Centers,
June 1 0, 2008
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AGENDA RE VIE W SESSION
ITEM # 57707
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
J. ORDINANCES/ RESOLUTION
3, Ordinance to ADD 921-322,1 to the City Code re Veterans paid parking
exemption, (Requested by Mayor Oberndorf, Vice Mayor Jones and Council
Members DeSteph, Dyer, Diezel, McClanan, Uhrin, Villanueva, Wilson and
Wood)
4. Resolution to REFER to the Planning Commission, for their
recommendation: AMENDMENTS to 9111, 901, 1001, 1511 and 1521;
and, ADD 9223.1 to the City Zoning Ordinance (CZO) re automobile
museums, (Requested by Councilman DeSteph)
5. Ordinances re the City's Employment Benefits:
a. ESTABLISH a TRUST, pursuant 915,2-1544 of the Virginia State
Code re other Post-Employment Benefits and Virginia Pooled OPEB
Trust Fund
b. AUTHORIZE participation in the Virginia Pooled OPEB Trust Fund
c. ESTABLISH and APPOINT a Local Finance Board with terms of two
years
d. APPROPRIATE $2,000,000 from the General Fund Balance
e. TRANSFER $3,000,000 from the Dedicated Reserve for Contingencies
re GASB 45 Retiree Health Liability compliance.
6. Ordinance to AUTHORIZE a License Agreement with Starbucks
Corporation re an outdoor seating area at Ocean 31, 241 Laskin Road.
DISTRICT No.6 - BEACH
7. Ordinance to A UTHORIZE the City Manager to execute a lease of City-
owned property known as Space #14 in the Virginia Beach Farmer's
Market with KENNETH MILLER (t/a Yoder's Dairies of Tidewater, Inc.),
8. Ordinance to AUTHORIZE a thirty [30} day extension to the Purchase
Agreement between the City and LIFENET.
9, Resolution DIRECTING the City Auditor conduct a financial and
performance audit of the Department of Communications and Information
Technology (ComIT).
June 10, 2008
I "
- 12 -
AGE N DA REV IE W S E S S ION
ITEM # 57707 (Continued)
10. Resolution to RECOGNIZE and COMMEND the United States Field Hockey
Teamfor their outstanding accomplishment in pursuit of the GOLD in the
Beijing Olympics,
11. Ordinance to AUTHORIZE the acquisition of property at 5720 Normandy
Avenuefrom the Trustees of the Reformed Baptist Church of Virginia Beach
(f/k/a Kempsville Chapel) re Avalon Woods neighborhood park.
DISTRICT 2 - KEMPSVILLE
12. Ordinance to APPOINT three (3) Viewers for one-year (1) terms, beginning
July 1,2008, re each street or alley proposed to be closed:
1. Director of Planning
2, Director of Public Works
3, Director of Parks and Recreation
13. Ordinance to AUTHORIZE the reimbursement of $2,147 re a City
Employee's legal fees for expenses incurred in the successful defense of a
misdemeanor charge arising from the discharge of official duties.
14. Ordinances to REVISE categorical appropriations for the FY 2008-09 School
Operating Budget and Special Revenue Funds as requested by the School
Board:
a, Adjusted appropriations to the School Operating Budget:
1. $ 550,719,456 Instruction
2. $ 43,235,324 Administration, Attendance and Health
3. $ 30,954,363 Pupil Transportation
4. $ 92,403,639 Operations and Maintenance
5. $ 24,003,400 New School Technology Category
6. $ 2,865,738 Reduction in State revenue
b. Adjusted appropriations to School Special Revenue Funds:
1. $3,815,945 School Instructional Technology
2. $1,837,129 School Equipment Replacement
15, Ordinance to APPROPRIATE $300,000from the Commonwealth of Virginia
reimbursement of Jail Expenses to the FY 2007-08 Sheriff's Special Revenue
Fund re increased inmate population.
16 . Ordinance to APPROPRIATE $17,637 violation charge revenue of the
Chesapeake Bay Preservation Ordinance to the Agriculture's FY 2007-08
Operating Budget re wetlands and coastal sand dune restoration and
enhancement.
Item J3 (Veterans) shall be ADOPTED, AS AMENDED, BY CONSENT
Item J5 (City's Employment Benefits) shall be DEFERRED, BY CONSENT, until the City Council
Session of June 24, 2008
Item J9 (ComIT) shall be ADOPTED, AS REVISED, BY CONSENT.
June 10, 2008
1,1 i
- 13 -
ITEM # 57708
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2. 1-3711 (A), Code of Virginia, as amended, for thefollowingpurpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2,2-3711 (A)(l)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-3711 (A)(3).
Acquisition/Disposition of City Property: Lease Space - EMS
Rudee Loop
Rose Hall District
LEGAL MATTERS: Consultation with legal counselor briefings by
staff members, consultants, pertaining to actual or probable litigation,
where such consultation or briefing in an open meeting would adversely
affect the negotiating or litigating posture of the public body, or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by counsel pursuant to Section 2.2-3711 (A)(7),
E. V Williams v, City of Virginia Beach
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at 5:03 P.M.
June 10, 2008
- 14 -
ITEM # 57708 (Continued)
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A, Villanueva. Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 5:03 P.M. - 5:30 P.M.)
(Dinner: 5:30 P.M. - 5:55 P.M.)
June 10, 2008
- 15 -
FORMALSESSION
VIRGINIA BEACH CITY COUNCIL
June 10,2008
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, June 10, 2008, at 6:00 P,M
Council Members Present:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCA TION: Vice Mayor Louis R. Jones
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 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial, However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge, In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict, If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure, Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge, In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure,
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
June 10, 2008
- 16 -
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.
June 10, 2008
- 17 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 57709
Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council,
Voting: 11--0
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
i 1
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 # 57708, Page 13, and in accordance with the provisions of The
Virginia Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law,
NOW; THEREFORE, BE IT 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
June 10, 2008
I 1
- 18 -
Item V-F.1
ITEM # 57710
Upon motion by Councilman DeSteph, seconded by Councilman Dyer, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of June 3,2008.
Voting: 10--0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Rosemary Wilson
Council Members Absent:
None
Council Lady Wilson ABSTAINED as she was out of the Country on Family Vacation and not in
attendance during the City Council Session of June 3, 2008.
June 10, 2008
I "
- 19 -
Item V-G.]
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 57711
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 10, 2008
I 1
- 20-
Item V-H.i.
PUBLIC HEARING
ITEM # 57712
Mayor Oberndorf DECLARED A PUBLIC HEARING:
LICENSEfor use of CITY PROPERTY
Starbucks Corporation at Ocean 31- 241 Laskin Road
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING
June 10, 2008
1 I!
- 21 -
Item V-H.2
PUBLIC HEARING
ITEM 57713
Mayor Oberndorf DECLARED A PUBLIC HEARING:
LEASE OF CITY PROPERTY
Kenneth Miller (t/a Yoder's Dairies of Tidewater) - Farmer's Market Space #14
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING
June 10, 2008
I ,I "
- 22-
Item V-J.
ORDINANCES/RESOLUTIONS
ITEM # 57714
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 3, 4, 5 (DEFERRED), 6, 7, 8, 9, 10, 11 12 13, 14, 15 and 16 of the CONSENT
AGENDA.
Item J3 shall be ADOPTED, AS AMENDED, BY CONSENT
Item J5 shall be DEFERRED BY CONSENT, until the City Council Session of June 24,2008.
Item J9 shall be ADOPTED, AS AMENDED, BY CONSENT
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
i I i
- 23 -
Item V-J.l.
ORDINANCES/RESOLUTIONS
ITEM # 57715
The following registered in SUPPORT:
Brett Vassey, President and Chief Executive Officer, Virginia Manufacturers Association, 830 East Main
Street, Suite 200, Richmond, Virginia 23112, Phone: (804) 643-7489. The Association has been in
Businessfor eighty-six (86) years. Mr. Vassey expressed appreciation for the City Council's
reconsideration of the 90% Machinery and Tools Tax increase (ADOPTED May 13, 2008). There are
less than one hundred (100) manufacturers in Virginia Beach, who employ approximately 3% of the
available labor, The State has lost 54,000 manufacturingjobs since 2001 and one (1) out of every
three (3) manufacturingjobs since 1990, Since 2005, Machinery and Tools revenue has increased by
49%. The City's Economic Development Strategy is an excellent plan.
John Moss, 4109 Richardson Road, Phone: 363-7745, representing the Virginia Beach Taxpayers
Alliance, spoke re the impact and long term consequences of this tax. This tax was in total mis-
alignment with the City's Strategic Plan. Mr. Moss requested the City Council hold the procurement
of vehicles at this year's level, take the difference and eliminate this tax,
Upon motion by Councilman DeSteph, seconded by Councilman Dyer, City Council AMENDED the
JULY 1,2008, PROPOSED Budget INCREASE re :
Ordinances for the tax levy on Personal Property, Machinery and Tools:
a. AMENDED the tax levy for Calendar Year 2009, decreasinf! the tax rate
b. AMENDED the FY 2008-09 Capital Budget by reducinf! the General Fund
c, TRANSFER to Economic Development Investment Program reducing the EDIP by
$1,281,316
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
I '
1 AN ORDINANCE AMENDING THE TAX LEVY ON
2 PERSONAL PROPERTY FOR CALENDAR YEAR 2009 BY
3 DECREASING THE TAX RATE ON MACHINERY AND
4 TOOLS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGININA BEACH,
7 VIRGINIA:
8
9 That "An Ordinance Establishing the Tax Levy on Personal Property Machinery and
10 Tools for Calendar Year 2009," adopted on May 13, 2008, is hereby amended as follows:
11
12
13 Sec. 4. Amount of Levy on Machinery and Tools.
14
15 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied
16 and collected for general purposes for the calendar year 2009 taxes on machinery and
17 tools, including machinery and tools used directly in the harvesting of forest products or
18 semiconductor manufacturing, not exempt from taxation, at the rate of one dollar aM
19 ninety conts ($1.90) ($1.00) on each one hundred dollars ($100) of assessed valuation
20 thereof. As provided by Code of Virginia S 58.1-3506 (B), the following personal property
21 shall also be taxed at the rate of machinery and tools:
22 a. all tangible personal property used in research and development businesses,
23 as described in Code of Virginia S 58.1-3506 (A) (Z a) ;
24 b. generating or cogenerating equipment, as described in Code of Virginia S
25 58.1-3506 (A) (~ 1); and
26 c, all motor vehicles, trailers and semitrailers with a gross vehicle weight of
27 10,000 pounds or more used to transport property for hire by a motor carrier engaged in
28 interstate commerce, as described in Code of Virginia S 58.1-3506 (A) (25 2J).
29
Adopted by the Council of the City of Virginia Beach, Virginia, on this 10th day
of ,lllnp- , 2008.
Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
City~a;;:;;:'?;i,cep,~
CA10729
R-1
May 30, 2008
i'l I
1 AN ORDINANCE TO REDUCE THE PERSONAL PROPERTY
2 - MACHINERY AND TOOLS REVENUE BY $1 ,281 ,316 AND
3 REDUCE THE GENERAL FUND TRANSFER TO CAPITAL
4 PROJECT #9-141, ECONOMIC DEVELOPMENT
5 INVESTMENT PROGRAM BY $1,281,316
6
7 WHEREAS, eliminating the recently adopted tax rate increase to Personal Property
8 - Machinery and Tools from one dollar and ninety cents ($1.90) to the previous rate of one
9 dollar ($1.00) on each one hundred dollars ($100) of assessed value should help City
10 businesses remain vibrant employment centers for our citizens, given the uncertainty in the
11 economy,
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 1. That estimated Personal Property - Machinery and Tools revenue in the FY
17 2008-09 Operating Budget is hereby reduced by $1,281 ,316.
18
19 2, That the General Fund transfer to Capital Project #9-141, Economic
20 Development Investment Program in the FY 2008-09 Operating Budget is hereby
21 reduced by $1,281,316,
22
23 BE IT FURTHER ORDAINED:
24
25 That the FY 2008-09 Capital Budget is hereby amended by reducing the
26 appropriation for Capital Project #9-141, Economic Development Investment
27 Program by $1,281,316.
28
29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of
30 ,Tllnp. , 2008.
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
J3~Q-~
Management Services
City~f%;11J6--
CA10730
R-1
May 30, 2008
,I il
- 24-
Item V-J.2.
ORDINANCES/RESOLUTIONS
ITEM # 57716
Natasha Clarke, 408 Hobart Avenue, Phone: 289-5470, Ms, Clarke represented Old Virginia Carriage
Company and referenced the new proposal which eliminates the Summer hours,
Concerning Council Lady Henley's concerns, Councilman Uhrin advised the franchise payments are
usually negotiated through the Resort Management Office.
The City Attorney advised the Convention and Visitors Bureau and Beach Events are attempting pilot
programs to include all provisions, rather than amending the City Code Ordinance.
Deputy City Attorney Rod Ingram advised if the Pilot program is successful, City Staff would request
City Council's permission to issue a new Requestfor Proposal (RFP) and City Council would award a
new Franchise after November 1, 2008.
Upon motion by Councilman Uhrin, seconded by Councilman DeSteph, City Council ADOPTED, AS
AMENDED, CURRENT FRANCHISE AGREEMENT TO ALLOW NEW PILOT PROGRAM TO
BEGIN AFTER LABOR DAY AND END NOVEMBER 1, 2008:
Ordinance re f 6-12 of the City Code re riding horses on the beach,
The hours of operation would be reduced for the Summer: eliminating the hours of operation from the
Second week in June through Labor Day, The Operational Plans shall also include:
"If the Chief of Police or designee determines that allowing horseback riding on a
specific day would jeopardize public safety, the Chief or his designee may require the
franchisee to refrain from offering horseback riding or curtail the hours of operation
on that specific day. "
Voting: 9-2
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R, Jones, John E. Uhrin,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan, Mayor Meyera E. Oberndorf
Council Members Absent:
None
June 10, 2008
1 AN ORDINANCE TO AMEND SECTION 6-12
2 OF THE CITY CODE PERTAINING TO
3 RIDING HORSES ON THE BEACH
4
5 SECTION AMENDED: 6-12
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 6-12 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended to read as follows:
12
13 Sec. 6-12. Riding horses or driving vehicles on beach or dunes.
14 (a) It shall be unlawful for any person to ride a horse or any other animal or to
15 operate or drive a vehicle of any kind on the public beaches or upon the sand dunes
16 within the city, except that area between the ocean and sand dunes south of the exit
17 ramp at the southern end of Little Island Recreation Park (now being used as a public
18 way to commute back and forth to a place of residence).
19
20 (b) The provisions of this section shall not apply to the police mounted patrol,
21 city vehicles operated while cleaning or working on the beach, police and emergency
22 vehicles, erosion commission vehicles, vehicles of net fishermen operating under proper
23 permits, 9f vehicles operated by physically handicapped persons by permission of the
24 city manager or his designee.L-or vehicles operated by wildlife rescue workers pursuant
25 to written authorization by the Police Department's Second Precinct Commander.
26
27 (c) The provisions of this section shall not apply in the resort area between
28 November 1 and April 15 to conduct that is explicitly authorized by a special events
29 permit issued pursuant to City Code section 4-1 or by franchise awarded by the city
30 council.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th
day of June, 2008.
REVISED
OPERATIONAL PLANS FOR NEW PILOT PROGRAM FOR
HORSEBACK RIDING ON THE BEACH
A. Operator of horse riding tour will comply with all regulations now in effect in
accordance with the franchise for guided horse riding tours on the beach in the
resort area.
1. Operator shall comply with all federal, state and local statutes ordinances
and regulations in effect or hereafter adopted.
2. Guided tours shall be operated at a walking pace and horses will stay
together in a cohesive group.
3. Operator shall make sure appropriate husbandry practices including
feeding, watering and providing the proper level of rest in connection to
the type and duration of guided tour activities.
4. No more than nine horses are allowed per tour group including one guide
horse per group. Only two groups will be allowed to operate at one time.
5. All horses used for tour will be approved by committee already in place
for horseback riding franchise.
6. All riders will be required to wear helmets.
7. All horses will be required to wear bun bags for collection of manure at all
times while on the beach.
8. All manure will be placed in airtight bags after each ride and removed
from the beach daily.
9. If the Chief of Police or designee determines that allowing horseback
riding on a specific day would jeopardize public safety, the Chief or his
designee may require the franchisee to refrain from offering horseback
riding or curtail the hours of operation on that specific day.
B. Days and hours requested for said pilot program as follows:
1. Fall hours: Labor Day - Dec. 15th 12:00PM-dusk.
2. Winter hours: Dec. 16th-April 15th 12PM-dusk.
3. Spring hours: April 16th-Second Friday in June 5PM-dusk.
Extra Safety precautions for Summer evening hours:
1. Trained side-walkers will accompany horses as well as the guide on horseback. In
effect it will an "adult pony ride."
2. There will be only two rides scheduled per evening.
3. If beach, for some reason, is not clear of activity, we will not operate.
i I
- 25 -
Item V-J.3.
ORDINANCES/RESOLUTIONS
ITEM # 57717
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS
REVISED*:
Ordinance to ADD 821-322.1 to the City Code re Veterans paid parking
exemption.
*The following verbiage shall be added:
Section (a), after the verbiage "- - or 46.2-746 (Prisoner of War) have been issued," and
before "may park such motor vehicle, without charge, in a parking space in a City parking
facility or a metered parking space. "
"or a person transporting such veteran in a motor vehicle displaying special
license plates, "
Section (b) after the verbiage "limitations on the types of vehicles that may park in certain
reserved parking spaces and time-based restrictions on parking in City parking facilities"
"or metered parking spaces. ".
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
, I
1 Requested by Councilmembers DeSteph, Mayor Oberndorf, Vice-
2 Mayor Jones and Councilmembers Dyer, Diezel, McClanan, Uhrin,
3 Villanueva, Wilson, Wood and Henley
4
5 AN ORDINANCE TO ADD CITY CODE SECTION 21-322.1
6 PERTAINING TO VETERANS PAID PARKING EXEMPTION
7
8 Section Added: S 21-322.1
9
10 BE IT O~DAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12
1 3 That Section 21-322.1 of the Code of the City of Virginia Beach is hereby added and
1 4 ordained to read as follows:
15
1 6 Sec. 21-322.1. Veterans' Paid Parking Exemption.
17
18 (a) A veteran to whom special license plates issued under Virqinia Code
19 Sections 46.2-741 (Pearl Harbor Survivor), 46.2-742 (Purple Heart), 46.2-742.1 (Bronze
20 Star or Silver Star), 46.2-742.1:1 (Air Medal). 46.2-742.2 (Navv Cross. Distinquished
21 Service Cross. Air Force Cross. or Distinquished Flyinq Cross). 46.2-745 (Medal of Honor).
22 or 46.2-746 (Prisoner of War) have been issued. or a person transportinq such veteran in a
23 motor vehicle displayinq special license plates. may park such motor vehicle. without
24 charqe. in a parkinq space in a City parkinq facility or a metered parkinq space.
25
26 (b) This section shall not exempt a vehicle displayinq special license plates from
Z7 compliance with any other state law or ordinance. includinq. but not limited to. limitations
28 on the types of vehicles that may park in certain reserved parkinq spaces and time-based
29 restrictions on parkinq in City parkinq facilities or metered parkinq spaces.
30
31
32 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1.1l.€.h:c;jay
33 of .Inne ' 2008.
APPROVED AS TO LEGAL
SUFFICIENCY: I
()jJJ~ /if /!~Cff .
City Attorney's Office
CA-10712
R-7
June 10, 2008
, I '
- 26 -
Item V-J.4.
ORDINANCES/RESOLUTIONS
ITEM # 57718
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to REFER to the Planning Commission, for their
recommendation:
AMENDMENTS to 9111,901,1001,1511 and 1521; and, ADD 9223,1
to the City Zoning Ordinance (CZO) re automobile museums,
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
1 "
REQUESTED BY COUNCILMEMBER BILL R. DeSTEPH
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION AN ORDINANCE TO AMEND AND
3 REORDAIN THE CITY ZONING ORDINANCE BY
4 AMENDING SECTIONS 111,901, 1001, 1511 AND 1521
5 AND ADD A NEW SECTION 223.1, DEFINING
6 AUTOMOBILE MUSEUMS, ESTABLISHING AUTOMOBILE
7 MUSEUMS AS A CONDITIONAL USE IN THE B-1A, B-2, B-
8 3, B-4, B-4C AND B-4K BUSINESS DISTRICTS, THE 1-1
9 AND 1-2 INDUSTRIAL DISTRICTS AND THE RT-2 AND RT-
10 3 RESORT TOURIST DISTRICTS AND SETTING FORTH
11 REQUIREMENTS PERTAINING TO THE USE
12
13 WHEREAS, the public necessity, convenience, general welfare and good zoning
14 practice so require;
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18
19 That the above-entitled ordinance, a copy of which is attached, is hereby referred
20 to the Planning Commission for its consideration and recommendation.
21
22 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of
23 June, 2008.
1 REQUESTED BY COUNCILMEMBER BILL R. DeSTEPH
2
3
4 AN ORDINANCE TO AMEND SECTIONS 111, 901, 1001,
5 1511 AND 1521 AND ADD A NEW SECTION 223.1,
6 DEFINING AUTOMOBILE MUSEUMS, ESTABLISHING
7 AUTOMOBILE MUSEUMS AS A CONDITIONAL USE IN
8 THE B-1A, B-2, B-3, B-4, B-4C AND B-4K BUSINESS
9 DISTRICTS, THE 1-1 AND 1-2 INDUSTRIAL DISTRICTS
10 AND THE RT-2 AND RT-3 RESORT TOURIST DISTRICTS
11 AND SETTING FORTH REQUIREMENTS PERTAINING TO
12 THE USE
13
14 Sections Amended: City Zoning Ordinance Sections 111,
15 901,1001,1511 and 1521
16 Section Added: City Zoning Ordinance Section 223.1
17 WHEREAS, the public necessity, convenience, general welfare and good zoning
18 practice so require;
19
20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
21 BEACH, VIRGINIA:
22
23 That Sections 111, 901, 1001,1511 and 1521 of the City Zoning Ordinance are
24 hereby amended and reordained, and a new Section 223.1, pertaining to automobile
25 museums, is hereby added, to read as follows:
26
27 Sec. 111. Definitions.
28 For the purpose of this ordinance, words used in the present tense shall include
29 the future; words used in the singular number include the plural and the plural the
30 singular; the use of any gender shall be applicable to all genders; the word "shall" is
31 mandatory; the word "may" is permissive; the word "land" includes only the area
32 described as being above mean sea level; and the word "person" includes an individual,
33 a partnership, association, or corporation.
34
35 In addition, the following terms shall be defined as herein indicated:
36
37 Automobile museum. A museum at which vintaqe or classic automobiles
38 manufactured prior to 1971. exotic or limited-production automobiles. or automobiles
39 havinq a special cultural or historical siqnificance and qenerallv reqarded as collector's
40 items are displaved as exhibits and may be made available for purchase bv members of
41 the qeneral public as an ancillary activity.
42
43
44 COMMENT
45
46 The amendment defines the term "automobile museum." Regulations pertaining to the use
47 are set forth in new Section 223.1 below.
48
49 Sec. 223.1. Automobile museums.
50 In addition to qeneral requirements, automobile museums shall be subiect to the
51 followinq provisions:
52
53 (a) No automobiles, except for vintaqe or classic automobiles manufactured
54 prior to 1971, exotic or limited-production automobiles, or automobiles havinq a special
55 cultural or historical siqnificance and qenerallv reqarded as collector's items shall be
56 exhibited, displaved, offered for sale or stored on the property.
57
58 (b) All automobiles that are exhibited, displaved or offered for sale shall be of
59 exhibition qualitv and appearance;
60
61 (c) No automobiles shall be exhibited, displaved or stored except within a
62 fullv-enclosed buildinq; provided, that a maximum of three (3) automobiles may be
63 parked outside of a buildinq for up to seventy-two (72) hours for purposes of preparinq
64 such automobiles to be displaved as a museum exhibit or delivered to a purchaser. and
65 provided further, that if allowed bv the conditional use permit. special shows of
66 automobiles meetinq the requirements of subsections (a) and (b) may be held outdoors
67 for periods of a maximum of five (5) days and no more frequentlv than once every thirty
68 (30) days.
69
70 (d) No automobile shall be offered for sale unless it has been displaved as a
71 museum exhibit or at a special show for at least three (3) days.
72
73 (e) No repairs or other work on automobiles. except for refurbishinq and
74 restorinq of automobiles meetinq the requirements of subsection (a). detailinq in
75 preparation for exhibition. and final preparation and assemblv for delivery to a person
76 purchasinq an automobile. shall be permitted. All such work shall be performed
77 indoors. except as allowed in subsection (c).
78
79 (f) The City Council may attach such other and further reasonable conditions
80 of the conditional use permit as it may deem necessary to ensure that the sale of
81 automobiles is conducted in such manner as to be ancillary to the use of the property as
82 a museum.
83
2
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
I "
COMMENT
The section sets forth the substantive requirements governing automobile museums. The
purpose of such requirements is to separate automobile museums, where the primary purpose is the
display of automobiles as museum exhibits and sales are clearly secondary, from automobiles sales
establishments. The amendments allow a limited amount of work on automobiles that meet the
requirements for display and do not allow work to be performed on ordinary automobiles.
Sec. 901. Use regulations [Business Districts].
(a) Principal and conditional uses. The following chart lists those uses
permitted within the B-1 through B-4K Business Districts. Those uses and structures in
the respective business districts shall be permitted as either principal uses indicated by
a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
shall be prohibited in the respective districts. No uses or structures other than as
specified shall be permitted.
Use
B-1 B-1 A B-2 B-3 B-3A B-4 B-4C B-4K
Automobile museums
X
C
C
C
X
C
C
C
COMMENT
The amendments allow automobile museums as a conditional use in all business districts
except the B-1 Neighborhood Business District and the B-3A Pembroke Central Business Core
Districts.
Sec. 1001. Use regulations [Industrial Districts].
(a) Principal and conditional uses. The following chart lists those uses
permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the
respective industrial districts shall be permitted as either principal uses indicated by a
"P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
shall be prohibited in the respective districts. No uses or structures other than as
specified shall be permitted.
Use
1-1
1-2
Automobile museums
C
C
3
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
I I ;1
COMMENT
The amendments allow automobile museums as a conditional use in the 1-1 and 1-2
Industrial Districts.
Sec. 1511. Use Regulations [RT -2 Resort Tourist District].
(a) The following chart lists those uses permitted within the RT-2 Resort Tourist
District as either principal uses, as indicated by a "P," or as conditional uses, as
indicated by a "C," Conditional uses shall be subject to the provisions of Part C of Article
2 (section 220 et seq.). Buildings within the RT-2 District may include any principal or
conditional uses in combination with any other principal or conditional uses. No uses or
structures other than those specified shall be permitted. All uses, whether principal or
conditional, should to the greatest extent possible adhere to the provisions of the
Oceanfront Resort Area Design Guidelines.
Use
RT-2
Automobile museums
C
COMMENT
The amendments allow automobile museums as a conditional use in the RT-2 Resort
Tourist District.
Sec. 1521. Use Regulations [RT -3 Resort Tourist District].
(a) The following chart lists those uses permitted within the RT-3 Resort Tourist
District as either principal uses, as indicated by a "P" or as conditional uses, as
indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article
2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached
dwellings, buildings within the RT -3 District may include any principal or conditional
uses in combination with any other principal or conditional use. No uses or structures
other than those specified shall be permitted. All uses, whether principal or conditional,
should to the greatest extent possible adhere to the provisions of the Oceanfront Resort
Area Design Guidelines.
4
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
Use
RT-3
Automobile museums
C
COMMENT
The amendments allow automobile museums as a conditional use in the RT -3 Resort
Tourist District.
Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
,2008.
CA-10624
R-4
May 27, 2008
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUW~fYl4J
City Attorney's Office
5
- 27 -
Item V-J.5.
ORDINANCES/RESOLUTIONS
ITEM # 57719
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the
City Council Session of June 24, 2008:
Ordinances re the City's Employment Benefits:
a. ESTABLISH a TRUST, pursuant 915,2-1544 of the Virginia State Code re
other Post-Employment Benefits and Virginia Pooled OPEB Trust Fund
b. AUTHORIZE participation in the Virginia Pooled OPEB Trust Fund
c. ESTABLISH and APPOINT a Local Finance Board with terms of two
years
d. APPROPRIATE $2,000,000 from the General Fund Balance
e. TRANSFER $3,000,000 from the Dedicated Reserve for Contingencies re
GASB 45 Retiree Health Liability compliance.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
- 28 -
Item V-J. 6.
ORDINANCES/RESOLUTIONS
ITEM # 57720
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE a License Agreement with Starbucks
Corporation re an outdoor seating area at Ocean 31, 241 Laskin Road.
DISTRICT 6 - BEACH
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
1 AN ORDINANCE AUTHORIZING A LICENSE
2 AGREEMENT WITH ST ARBUCKS
3 CORPORATION FOR THE USE OF
4 APPROXIMATELY FIFTY (50) SQUARE FEET
5 OF REAL PROPERTY FOR AN OUTDOOR
6 SEATING AREA
7
8 WHEREAS, Starbucks Corporation, a Washington corporation ("Starbucks"), has
9 approached the City of Virginia Beach for permission to operate an outdoor seating area
10 outside Starbucks' store located at 31 Ocean, 241 Laskin Road in the City of Virginia
11 Beach; and
12
13 WHEREAS, the proposed outdoor seating area is approximately fifty (50) square
14 feet immediately outside and under the roof-line of the Starbucks described above and
15 is located on property owned by the City (the "Licensed Area"); and
16
1 7 WHERAS, Starbucks proposes to license the Licensed Area from the City for an
18 initial one-year term with four one-year optional renewals, at the option of Starbucks;
19 and
20
21 WHEREAS, the Licensed Area would be used by Starbucks as a seating area for
22 their customers; and
23
24 WHEREAS, the Convention and Visitors Bureau recommends that the City enter
25 into a license agreement with Starbucks in accordance with the Summary of Terms,
26 attached hereto.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH:
30
31 That the City Manager is hereby authorized to execute a license agreement for a
32 one-year term, with four optional one-year renewals, between Starbucks Corporation, a
33 Washington corporation, and the City, for the Licensed Area, as shown on Exhibit A,
34 attached hereto, in accordance with the Summary of Terms, attached hereto, and such
35 other terms, conditions or modifications as may be acceptable to the City Manager and
36 in a form deemed satisfactory by the City Attorney.
37
38 Adopted by the City Council of Virginia Beach, Virginia on this -1-0-th.- day
39 of June, 2008.
Approved as to Content:
~e
Convention and Visitors Bureau
CA 10567
V:lapplicationslcitylawprodlcycom32lWpdocslD030lPO03100058523.DOC
R-1
May 30,2008
i I II
Approved as to Legal S
~
City Attorney's Office
i I
SUMMARY OF TERMS
LICENSE FOR THE USE OF 50 SQUARE FEET OF
CITY-OWNED REAL PROPERTY
LICENSEOR: City of Virginia Beach
LICENSEE: Starbucks Corporation, a Washington corporation
PREMISES: 50 square feet of real property located outside, straight under the roof-line,
and in front of the space operated by Starbucks at 31 Ocean, 241 Laskin
Road, Virginia Beach, Virginia 23451.
TERM: June 15,2008 through June 14,2009.
RENEWAL: Four optional one-year terms.
TERMINATION: City shall have right to terminate if necessary for a public purpose on
sixty (60) days' notice.
RENT:
For the first year rent shall be: $750 per year.
Renewal rent: First renewal rent shall be: $772.50 per year.
Second renewal rent shall be: $795.68 per year.
Third renewal rent shall be: $819.55 per year.
Fourth renewal rent shall be:$844.19 per year.
RESTRICTIONS ON USE OF LICENSED AREA:
. The sale, service, or use of alcohol in the Licensed Area is strictly prohibited.
. Any live or recorded music played in the Licensed Area shall conform with the
City's Cafe Guidelines for entertainment or live music.
. Materials placed in Licensed Area must be approved by the City and no logos
other than Starbucks' logo shall be permitted.
. All items placed in the Licensed Area must be removed each night at the close of
business.
. No extraneous items such as menu boards, SIgns or portable heaters In the
Licensed Area shall be permitted,
. Solicitation for tips or the posting or dissemination of printed material in the
Licensed Area is prohibited.
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- 29-
Item V-J. 7.
ORDINANCES/RESOLUTIONS
ITEM # 57721
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to A UTHORIZE the City Manager to execute a lease of City-
owned property known as Space #14 in the Virginia Beach Farmer's
Market with KENNETH MILLER (t/a Yoder's Dairies of Tidewater,
Inc.).
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
I I il
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR LESS
3 THAN FIVE YEARS WITH KENNETH MILLER (T/A
4 YODER'S DAIRIES OF TIDEWATER, INC.) FOR
5 CITY-OWNED PROPERTY KNOWN AS SPACE #14
6 IN THE VIRGINIA BEACH FARMER'S MARKET IN
7 THE CITY OF VIRGINIA BEACH, VIRGINIA
8
9
10 WHEREAS, the City of Virginia Beach ("the City") is the owner of The Farmer's
11 Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia
12 Beach, Virginia (the "Property");
13
14 WHEREAS, Kenneth Miller (t/a Yoder's Dairies of Tidewater, Inc.) ("Yoder's")
15 would like to enter into a new formal lease arrangement with the City for Space #14 in
16 the Property (the "Premises");
17
18 WHEREAS, the Premises will be utilized as a retail establishment of dairy
19 products and for no other purpose;
20
21 WHEREAS, Yoder's has agreed to pay the City $564.00 per month ($6,768.00
22 per year) for the use of the Premises for a three-year period;
23
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26
27 That the City Manager is hereby authorized to execute a lease for a term of less
28 than five (5) years between Kenneth Miller (t/a Yoder's Dairies of Tidewater, Inc.) and
29 the City, for the Premises in accordance with the Summary of Terms attached hereto,
30 and such other terms, conditions or modifications as may be acceptable to the City
31 Manager and in a form deemed satisfactory by the City Attorney.
32
33 Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of
34 .Tllnp , 2008.
I ,I
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
APPROVED AS TO CONTENT
1J\1 \~~ll~ ~ L
Signature
\ \
'~}
Signature
~~~c...~ ~"l:..~
Department
CA 10580
v :\applications\citylawprod\cycom32\ Wpdocs\D023\P003\0005 7951.DOC
R-1
May 29,2008
,I II
SUMMARY OF TERMS
LEASE FOR SPACE #14 AT THE
VIRGINIA BEACH FARMERS MARKET
LESSOR:
City of Virginia Beach
LESSEE:
Kenneth Miller (Va Yoder's Dairies of Tidewater, Inc.)
PREMISES:
Space #14
RENT:
36 months: July 1, 2008 - June 30, 2011
$564 per month ($6,768 per year)
TERM:
RIGHTS AND RESPONSIBILITIES OF LESSEE:
. Use leased space for the retail sale of dairy products and related items only
and for no other purpose.
. Maintain leased space, including heating and air conditioning units and/or
heat pump units.
. Payment of all assessed fees.
. Purchase commercial general liability insurance.
. Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday through Saturday.
Lessee will not be open on Sundays.
RIGHTS AND RESPONSIBILITIES OF CITY:
. Maintain common areas of the Property and structural elements of the
Premises.
. Provide water and sewer.
. Provide electrical service unless Lessee has its own account with Dominion
Power.
TERMINATION:
. After 18 months, either party may terminate by providing the other party sixty
(60) days' notice.
. City also has special right to terminate if necessary for public purpose by
giving sixty (60) days' written notice.
V:\applicalions\cilylawprod\cycom32\Wpdocs\D023\P003\00057953. DOC
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- 30 -
Item V-J.8.
ORDINANCES/RESOLUTIONS
ITEM # 57722
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE a thirty [30} day extension to the Purchase
Agreement between the City and LIFENEr
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
I I II
1 AN ORDINANCE AUTHORIZING A THIRTY (30)
2 DAY EXTENSION OF THE YEAR 1-5 PURCHASE
3 PRICE FOR THE L1FENET OPTION PARCEL
4
5 WHEREAS, the City of Virginia Beach (the "City") as Seller, and LifeNet, a
6 Virginia non-stock corporation ("Life Net"), as Buyer, are parties to a certain Agreement
7 of Sale (the "Purchase Agreement") dated March 26, 2003, relating to a 15.82 acre
8 parcel (the "Purchased Property") and a 6.57 acre parcel (the "Option Parcel"), located
9 in the City of Virginia Beach;
10
11 WHEREAS, LifeNet's option to purchase the Option Parcel currently expires on
12 June 10,2013;
13
14 WHEREAS, the purchase price for the Option Parcel from June 11, 2003
15 through June 10, 2008 is One Hundred Twenty Five Thousand and 00/100 Dollars
16 ($125,000) per acre, with an annual escalator based on the Consumer Price Index (the
17 "Year 1-5 Purchase Price");
18
19 WHEREAS, Life Net and the City are currently negotiating the terms of an
20 amendment (the "Amendment") to the Purchase Agreement which would modify various
21 terms related to LifeNet's option to purchase the Option Parcel;
22
23 WHEREAS, Life Net, the City and City staff have requested that the Year 1-5
24 Purchase Price be extended for thirty (30) days until July 10, 2008 while LifeNet and the
25 City finalize negotiations on the Amendment;
26
27 WHEREAS, the City Council is of the opinion that a thirty (30) day extension of
28 the Year 1-5 Purchase Price is not detrimental to the interests of the City of Virginia
29 Beach.
30
31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
32 OF VIRGINIA BEACH, VIRGINIA:
33
34 That the Year 1-5 Purchase Price for the LifeNet Option Parcel under the
35 Purchase Agreement is hereby extended for thirty (30) days until July 10, 2008.
I,
44 Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of
45 Junp- ,2008.
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
APPROVED AS TO CONTENT
~~~
Signature
v~~
Signature
{~c?JJt?Pllc~ 1~Vtlo~fttj7l
Department
CA 10583
v :lapplicationslcitylawprodlcycom321 Wpdocs\D030IP003\0005 8528.DOC
R-1
May 30,2008
I I II
- 31 -
Item V-I. 9.
ORDINANCES/RESOLUTIONS
ITEM # 57723
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS
AMENDED*:
Resolution DIRECTING the City Auditor conduct a financial and
performance audit of the Department of Communications and
Information Technology (ComIT),
* On Line 32, the word E3 shall be eliminated.
"5. That the above audits shall include analysis of pertinent EJ employee suggestions. "
Susan Walston, Chief of Staff, advised E3, which stands for a Program entitled "Efficiency,
Effectiveness and Excellence" has now been assumed by the Employee Suggestion Program, operated
by Management Services,
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
1,1 II
REQUESTED BY COUNCILMEMBER WOOD
1 A RESOLUTION DIRECTING THE CITY AUDITOR TO
2 CONDUCT AN AUDIT OF THE DEPARTMENT OF
3 COMMUNICATIONS AND INFORMATION TECHNOLOGY
4
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 1. That, pursuant to City Code ~ 2-470, the City Auditor is hereby directed to
9 conduct a financial and performance audit of the Department of Communications and
10 Information Technology ("ComlT").
11
12 2. That the financial audit shall address: (1) whether the amounts charged to
13 other departments for services accurately reflect the costs of those services; (2)
14 whether inter-departmental transfers ("lOT's") are in all instances necessary or
15 warranted; and (3) other related subjects, as determined by the City Auditor, that are
16 standard to financial audits.
17
18 3. That the performance audit shall address: (1) efficiency in responding to
19 departmental needs for equipment, communication, software, and other related needs;
20 (2) response to HEAT ticket calls; (3) whether current policies unnecessarily limit
21 departmental initiatives, flexibility and access to hardware and software by requiring
22 ComlT approval and control of all communications purchases and acquisition; and (4)
23 purchasing efficiency and restrictions on printers,
24
25 4. That the performance audit shall also address public safety
26 communications, including: (1) whether the final decision by ComlT on actual radio, in-
27 vehicle computer, and related purchases supersede recommendations from end users;
28 (2) connectability between fire stations; (3) Internet access at EMS stations; and (4)
29 analysis of employee turn-over, efficiency and morale since ComlT took control of the
30 E-911 call center.
31
32 5. That the above audits shall include analysis of pertinent employee
33 suggestions.
34
35 6. That, pursuant to City Code ~ 2-468, the above audits shall include
36 confidential interviews with employees and volunteers from each of the City's seven
37 core areas of business (safe community, cultural and recreational opportunities,
38 economic vitality, quality physical environment, family and youth opportunities, quality
39 education and lifelong learning, and quality organization). The interviews shall be
40 conducted with employees spanning all ranges of both the general and administrative
41 pay plans, from hourly workers to department heads.
42
43 7. That if the City Auditor concludes that it would be prudent and cost-
44 effective to retain on a contract basis the services of an outside technology consultant
i 1
45 or auditor with technological expertise, and the City Auditor concludes that additional
46 funds are needed to procure those services, then the City Auditor shall submit an
47 appropriations ordinance for consideration by City Council.
48
49 Adopted by the City Council of the City of Virginia Beach, Virginia, this 10tb
50 day of June , 2008.
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO LEGAL
SUFFICIENCY:
;2~
City Attorney's Offi~
CA 10732 R-5 June 10, 2008
- 32 -
Item V-J.10.
ORDINANCES/RESOLUTIONS
ITEM # 57724
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to RECOGNIZE and COMMEND the United States Field
Hockey Team for their outstanding accomplishment in pursuit of the
GOLD in the Beijing Olympics.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
, 1 "
REQUESTED BY COUNCILMEMBER VILLANUEVA
1 A RESOLUTION COMMENDING THE UNITED STATES
2 FIELD HOCKEY TEAM
3
4 WHEREAS, the World Hockey Olympic Qualifier was recently held in Kazan,
5 Russia to determine which teams would qualify to participate in the Beijing Olympics;
6
7 WHEREAS, the United States Field Hockey Team won every game in the
8 qualifier, outscored their opponents 27-4, and never trailed in a game;
9
10 WHEREAS, the team's outstanding showing earned them a place in the women's
11 Olympic tournament;
12
13 WHEREAS, team member Tiffany Snow received the honor of top scorer, with
14 seven goals;
15
16 WHEREAS, team member Rachel Dawson was named Player of the
17 Tournament for her outstanding play;
18
19 WHEREAS, team member Kelly Doton scored two goals, including the winning
20 goal in the final game;
21
22 WHEREAS, team member Amy Tran recorded three consecutive shutouts;
23
24 WHEREAS, team member Carrie Lingo scored three goals;
25
26 WHEREAS, team member Angela Loy recorded her 100th cap and also scored
27 five goals; and
28
29 WHEREAS, Virginia Beach's own Kate Barber recorded her 200th cap and
30 scored four goals.
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH
34
35 That the City Council, on behalf of the citizens of Virginia Beach, hereby
36 commends the United States Field Hockey Team for their outstanding accomplishment
37 and wishes the team well in its pursuit of Olympic gold.
38
39 Adopted by the City Council of the City of Virginia Beach, Virginia, this 10th
40 day of ,]'me ' 2008.
APPROVED AS TO LEGAL
SUFFICIENCY:
-Z'~~
City Attorney's Offic
CA10733 R-1 May 30, 2008
- 33 -
Item V-J.ll.
ORDINANCES/RESOLUTIONS
ITEM # 57725
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE the acquisition of property at 5720
Normandy Avenue from the Trustees of the Reformed Baptist Church of
Virginia Beach (f/k/a Kempsville Chapel) re Avalon Woods
neighborhood park.
DISTRICT 2 - KEMPSVILLE
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
1 "
"
1 AN ORDINANCE TO AUTHORIZE THE ACQUISITION
2 OF APPROXIMATELY 13.1 ACRES OF REAL
3 PROPERTY LOCATED AT 5720 NORMANDY
4 AVENUE, VIRGINIA BEACH, VIRGINIA, FOR $600,000
5 FROM TRUSTEES OF THE REFORMED BAPTIST
6 CHURCH OF VIRGINIA BEACH (F/K/A KEMPSVILLE
7 CHAPEL)
8
9 WHEREAS, Trustees of the Reformed Baptist Church of Virginia Beach (f/k/a
10 Kempsville Chapel) (the "Reformed Baptist Church") own an approximately 13.1 acre
11 parcel of real estate located at 5720 Normandy Avenue, in the City of Virginia Beach,
12 Virginia (the "Property");
13
14 WHEREAS, the Reformed Baptist Church desires to sell the Property to the City of
15 Virginia Beach (the "City");
16
17 WHEREAS, because of its potential use as a future neighborhood park for the
18 Avalon Woods neighborhood in Virginia Beach, the City's Open Space Subcommittee has
19 identified the Property as a parcel to be considered for acquisition as part of the City's
20 open space initiative, and has recommended that the Property be acquired for such
21 purposes;
22
23 WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City
24 Council") is of the opinion that the acquisition of the Property would further the City's Open
25 Space initiative;
26
27 WHEREAS, funding for this acquisition is available in the Open Space Acquisition
28 CIP account (CIP 4-004).
29
30 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
31 VIRGINIA:
32
33 1. That the City Council authorizes the acquisition of the Property by purchase
34 pursuant to S 15.2-1800 of the Code of Virginia (1950), as amended, which Property is
35 generally identified as GPIN 1456-98-4756 and shown as the "Subject Site" on Exhibit A
36 attached hereto.
37
38 2. That the City Manager or his designee is further authorized to execute all
39 documents that may be necessary or appropriate in connection with the purchase of the
40 Property, so long as such documents are in accordance with the Summary of Terms
41 attached hereto, and such other terms, conditions or modifications as may be acceptable
42 to the City Manager and in a form deemed satisfactory to the City Attorney.
~
1 "
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of
44 .Tnn!'> , 2008.
CA-10565
V 'lapplicationslcitylawprodlcycom321 WpdocslDOO 1 IP002100052834. DOC
R-1
May 29,2008
APPROVED AS TO CONTENT:
APPROVEDASTOCONTEN~
APPROVED AS TO LEGAL
SUFFICIENCY:
~~
City Atto ey's Office
I "
SUMMARY OF TERMS
Agreement for the City's acquisition of approximately 13.1 acres of
real property located at 5720 Normandy Avenue, Virginia Beach, Virginia.
OWNER:
Trustees of the Reformed Baptist Church of Virginia Beach
(f/k1a Kempsville Chapel)
BUYER:
City of Virginia Beach
ZONING:
R-30
AICUZ:
N/A
SALES PRICE:
$600,000 at Settlement.
SOURCE OF
FUNDS:
CIP-4-004 - Open Space Program Site Acquisition Project.
SETTLEMENT
DATE:
On or about ninety (90) days after Agreement of Sale is fully
executed, or soon thereafter allowing a reasonable time to correct
any title defects and to prepare and sign all necessary closing
documents.
CONTINGENCIES
TO CLOSING:
. Confirmation that title is marketable
. Appropriation of needed funds
SPECIAL TERMS
AND CONDITIONS:
. Property must be conveyed free and clear of all leases, tenancies and rights of
possession of any and all parties other than the City.
. Seller shall prepare Deed conveying title to the Property to City and pay all
expenses of preparation of the Deed, the grantor's tax and its own attorney's
fees and costs.
. City shall bear all other costs of closing.
V :lapplicationslcilylawprodlcycom32lWpdocslD001 IP002100052835.DOC
Exhibit A - 5720 Normandy Avenue Purchase and Sale Agreement
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- 34 -
Item V-J.i2.
ORDINANCES/RESOLUTIONS
ITEM # 57726
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to APPOINT three (3) Viewers for one-year (1) terms
beginning July 1, 2008, re each street or alley proposed to be closed:
a. Director of Planning
b, Director of Public Works
c, Director of Parks and Recreation
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10,2008
I ..
1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR
2 ONE-YEAR TERMS BEGINNING JULY 1, 2008, TO VIEW
3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED
4
5 WHEREAS, Section 33-11.2 of the City Code provides that U[t]hree (3) viewers
6 shall be appointed each year to serve terms of one year beginning July 1 to view each
7 and every street or alley proposed to be altered or vacated during the term;" and
8
9 WHEREAS, it is the desire of City Council to appoint the Directors of the
10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers
11 for one-year terms, beginning July 1, 2008 and ending June 30, 2009.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That the Director of Planning, Director of Public Works and Director of Parks and
17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve
18 a one-year term beginning July 1, 2008 and ending June 30, 2009, to view each and
19 every application to close a street or alley, and to report in writing their opinion of what
20 inconvenience, if any, would result from discontinuing the street or alley or portion
21 thereof.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th
day of June , 2008.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
\N
f~r
City Attorney's Office
CA10731
R-1
May 30,2008
i I II
- 35 -
Item V-J.13.
ORDINANCES/RESOLUTIONS
ITEM # 57727
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE the reimbursement of $2,147 re a City
Employee's legal fees for expenses incurred in the successful defense of
a misdemeanor charge arising from the discharge of official duties.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
1 AN ORDINANCE AUTHORIZING THE
2 REIMBURSEMENT OF AN EMPLOYEE'S
3 LEGAL FEES AND EXPENSES INCURRED IN
4 THE SUCCESSFUL DEFENSE OF A
5 MISDEMEANOR CHARGE ARISING FROM
6 THE DISCHARGE OF OFFICIAL DUTIES
7
8 WHEREAS, a Virginia Beach employee was charged with a misdemeanor for
9 actions arising out of the performance of his official duties;
10
11 WHEREAS, at a trial held in the Virginia Beach General District Court on May 12,
12 2008, he was found not guilty of the charge;
13
14 WHEREAS, in the defense of said charge, the employee incurred legal fees and
15 expenses in the amount of $2, 147.56 and has requested the City to reimburse him for such
16 fees and expenses;
17
18 WHEREAS, Section 15.2-1521 of the Code of Virginia provides that U(i)f any officer
19 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on
20 any criminal charge arising out of any act committed in the discharge of his official duties,
21 and no charges are brought, the charge is subsequently dismissed, or upon trial he is
22 found not guilty, the governing body of the locality may reimburse the officer or employee
23 for reasonable legal fees and expenses incurred by him in defense of such investigation or
24 charge, the reimbursement to be paid from the treasury of the locality"; and
25
26 WHEREAS, the Department Director and the City Attorney's Office have reviewed
27 the circumstances of this case, assessed the itemized bill submitted by the employee's
28 legal counsel, and determined that the legal fees and expenses are reasonable.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32
33 That the Director of Public Utilities is hereby authorized to expend funds in the
34 amount of $2,147.56 from the FY 2007-08 Operating Budget of the Department of Public
35 Utilities for the purpose of reimbursing the employee for legal fees and expenses incurred
36 by him in defense of a misdemeanor charge brought against him arising out of the
37 performance of his official duties,
38
39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 nt-h
40 day of ,Tnne ' 2008.
~OVED AS TO CONTENT:
Public :i~ !VI '&h;m:
APPROVED AS TO LEGAL SUFFICIENCY:
;:e~
City Attorney's Offi~
CA10716 R-2 May 29,2008
, I "
- 36 -
Item V-J.14.
ORDINANCES/RESOLUTIONS
ITEM # 57728
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinances to REVISE categorical appropriations for the FY 2008-09 School
Operating Budget and Special Revenue Funds as requested by the School Board:
a. Adjusted appropriations to the School Operating Budget:
1. $ 550,719,456 Instruction
2, $ 43,235,324 Administration, Attendance and Health
3. $ 30,954,363 Pupil Transportation
4. $ 92,403,639 Operations and Maintenance
5, $ 24,003,400 New School Technology Category
6. $ 2,865,738 Reduction in State revenue
b, Adjusted appropriations to School Special Revenue Funds:
1. $3,815,945 School Instructional Technology
2. $1,837,129 School Equipment Replacement
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
I'
1 AN ORDINANCE TO REVISE CATEGORICAL
2 APPROPRIATIONS FOR THE SCHOOL OPERATING FUND
3 AND AMEND THE CITY'S FY 2008-09 OPERATING BUDGET
4 AS REQUESTED BY THE SCHOOL BOARD
5
6
7 WHEREAS, the City's FY 2008-09 Operating Budget was approved by City Council
8 on May 13, 2008; and,
9
10 WHEREAS, the School Board desires to amend the category appropriations to
11 reflect a new category called Technology; and,
12
13 WHEREAS, estimated local funds available to the Virginia Beach City Public
14 Schools for School Special Revenue Funds has increased by $1,425,000; and,
15
16 WHEREAS, the debt service payments for Schools has decreased by $256,830 in
17 FY 2008-09; and,
18
19 WHEREAS, a resolution to revise the categorical appropriations in the School
20 Operating Fund, and to increase the funds available to the Schools other special revenue
21 funds was approved by the School Board on May 20,2008; and,
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 1, That funding adjustments are hereby allocated to the following categories in the
27 FY 2008-09 School Operating Budget with appropriate adjustments in FY 2009-10:
28
29 (a) Appropriations to the Instruction category are decreased by $15,001,226,
30 resulting in a total appropriation of $550,719,456.
31 (b) Appropriations to the Administration, Attendance and Health category are
32 decreased by $977,785 resulting in a total appropriation of $23,235,324.
33 (c) Appropriations to the Pupil Transportation category are decreased by
34 $866,530 resulting in a total appropriation of $30,954,363.
35 (d) Appropriations to the Operations and Maintenance category are decreased by
36 $9,766,767 resulting in a total appropriation of $92,403,639.
37 (e) Appropriations to the new School Technology Category are increased by
38 $24,003,400, resulting in a total appropriation of $24,003,400. This funding will be
39 considered as part of the School Operating Budget even though held in a separate
40 special revenue fund for accounting purposes; and will be included in reversion and
41 City and School revenue formula calculations.
42 (f) That State revenue is hereby decreased in the Schools FY 2008-09 Operating
43 Budget by $2,865,738.
44
45 2. That $1,425,000 in appropriations to certain School Special Revenue Funds is
46 hereby increased in the FY 2008-09 Schools budget as follows:
, I ,I
(a) Appropriations from fund balance of the School Instructional Technology Fund
are increased by $900,000, resulting in a total appropriation of $3,815,945.
(b) Appropriations from fund balance of the School Equipment Replacement Fund
are increased by $525,000, resulting in a total appropriation of $1 ,837,129.
47
48
49
50
51
52
53
Jun9
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 Ot-h day of
,2008.
Requires an affirmative vote by a majority of all the members of City Council.
Approved As to Content:
Approved As To Legal
Sufficiency:
B~a.
Management Services
CA 10723
R-1
May 28, 2008
SCHOOL BOARD
Daniel D, Edwards
Chairman
Dlslrict 1 . Cenlerville
1513 Bea:l1view Drive
VA Beach, VA 23464
495.3551 (h). 717-0259 (c)
Rlt. Sweet Bellltto
Vice Chairman
At-large
P.O. Box 6448
VA Beach, VA 23456
416-0960 (c)
Todd C. Davidson
AI.Large
2424 Savannah Trail
VA Beach, VA 23456
427.3330 (w). 285.9409 (c)
Emm. L. "Em" Davll
District 5. Lynnhaven
1125 Michaelwood Drive
VA Beach, VA 23452
340.8911 (h)
Palrlcla G. Edmonson
District 6 - Beach
401-205 Harbour Poinl
VA Beach, VA 23451
675-0137 (h)
Edward F. F1sslnger. Sr,
At-Large
412 Becton Place
VA Beach, VA 23452
486.4567 (h)
Dan R, Lowe
District 4 . Bayside
4617 Red Coal Road
VA Beach, VA 23455
490.3681 (h)
Temporarily Vacant
Distnct 7 - Princess Anne
Sandra Smlth.Jones
District 2 - Kempsville
705 Rock Creek Coun
VA Beach, VA 23462
490-8167 (h)
Michael W, Stewart
Distrtcl3 - Rose Hali
105 Brenlwood Coun
VA Beach, VA 23452
498.4303 (h) . 4.1&-4637 (w)
Carolyn D. Weems
At.Large
1420 Claudia Dr1ve
VA Beach, VA 23455
464-6674 (h)
SUPERINTENDENT
James G, Merrill, Ed,O,
2512 George Mason Drive
VA Beach, VA 23450
263-1007
100NlA IIAGI QTY PJlILI~ SCHOO"
4HI40 Of THE CORVe
BUDGET RESOLUTION
FY 2008/09
WHEREAS, the miSSion of the Virginia Beach City Public Schools, in partnership with our entire
community, is to ensure that each student is empowered with the knowledge and skills necessary to
meet the challenges of the future; and
WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan
and school improvement priorities to guide budgetary decisions; and
WHEREAS, the School Board has studied the recommended School Operating Budget FY 2008/09 in
view of state and federal requirements, additional demands for space and operations. the strategic plan,
priorities, expectations. competitive compensation for employees and the best educational interests of
its students; and
WHEREAS, the total funds available for FY 2008/09 from the City of Virginia Beach to Virginia Beach
City Public Schools under the Revenue Sharing Policy is $394,330,115; and
WHEREAS, the debt service payment is estimated to be $41.154,429 leaving a balance of
$353,175,686 to allocate between the Operating Budget and the Capital Improvement Program; and
WHEREAS, the School Board Proposed Operating Budget has been reconciled to meet the funding
provided by the City Council on May 14, 2008,
Now, therefore, be it
RESOLVED: That the $353,175,686 be allocated as follows: $339,239,378 to the Operating Budget,
and $13,936,308 to the Capital Improvement Program (CIP); and be it
FURTHER RESOLVED: That City of Virginia Beach has also transferred $4,617,000 from the
Sandbridge TfF to the Schools PAYGO; and be it
FURTHER RESOLVED: That the Virginia Beach City School Board requests a lump sum appropriation
of $721,316,182 for FY 2008/09 from the City Council of Virginia Beach for the School Board Proposed
Operating Budget FY 2008/09. For information. this includes the following categories:
Instruction
Administration, Attendance and Health
Pupil Transportation
Operations and Maintenance
Technology
and be it
$550,719,456
23,235,324
30,954,363
92,403,639
24,003,400
FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests an appropriation
of $125.116,593 for special grants, and other special revenue funds, for the 2008/09 fiscal year; and be
it
FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this
Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each
member of City Council, the City Manager, and the City Clerk.
Adopted by the School Board this 20lh day of May, 2008
SEAL
~/~~ }--
anlel D, Edwards, Chairman
Attest:
~ 'f?O~~
Dianne P. Alexander, Clerk of the Board
School Administration Building' 2512 George Mason Drive. P.O. Box 6038 . Virginia Beach, VA 23456-0038
NWW vbschools CO' I!
SCHOOL BOARD
Daniel 0, Edward.
Chalnn,"
District 1 - Centerville
1513 Beootwiew OlIve
VA Beach, VA 23464
495.3551 (h). 717-0259 Ie)
Rita Swtet Bellllto
Vlte Chalrfllln
AI-targe
P. O. Box 6448
VA Beooh, VA 23456
418-0960 (c)
Todd C. Oavld.on
AHarge
2424 Savannah Trail
VA Beool1, VA 23456
427-3330 (w). 285.9409 (c)
Emma L "Em" Oavl.
Dislrict 5 - Lynnl1aven
1125 M1chaelwood Drive
VA Beooh, VA 23452
340.8911 (h)
Patrfda Q, Edmonson
Dis~ict 6 - Beooh
401.205 Harbour Point
VA Beach. VA 23451
67~137(h)
Edward F. FIlSinger, Sr,
At. Large
412 Becloo Place
VA Beach, VA 23452
486-4567 (h)
Dan R. Lowe
District 4 . Bayslde
4617 Red Coal Road
VA Beach, VA 23455
490-3681 (h)
Temporarfly Vacant
District 7 - Princess Anne
Sandra Smllh-Jon"
District 2 - Kempsville
705 Rock Cteek Court
VA Beach, VA 23462
490-8167 (h)
Michael W. Stewart
District 3 . Rose Hall
105 Brenlwood Court
VA Beach, VA 23452
498-4303 (h) . 445-4637 (w)
Carolyn D. Weems
AI-Large
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
SUPERINTENDENT
James G. Merrill, Ed.D.
2512 George Mason Drive
VA Beach, VA 23456
263-1007
, I
'4l.... 'IA~ an P""I~ $CtIQOU
.ltf41:) 0' THE co.ve
FY 200S-D9/FY 2013.14 CAPITAL IMPROVEMENT PROGRAM
WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire
community. is to ensure that each student is empowered with the knowledge and skills necessary to
meet the challenges of the future; and
WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan
and school improvement priorities to guide budgetary decisions; and
WHEREAS, the primary funding sources for the School CIP are state lottery proceeds, state
construction grants, school reversions, Pay as You Go funds, and the issuance of debt by the City; and
WHEREAS, the City Council Revenue Sharing Formula provides 51.3% of certain general fund
revenues to meet obligations of the Virginia Beach Public Schools; and
WHEREAS, the Revenue Sharing Formula allocates funds first to Debt Service, then to Pay As You Go
CIP funding and the balance is used for the Operating Budget; and
WHEREAS, the School Board has allocated $13,936.308 in FY 2008/09 to Pay as You Go CIP funding;
and
WHEREAS, the same commitment of Pay as You Go funding is planned for six year period of this
proposed 2008/09 CIP; and
WHEREAS, the School Board has comprehensively reviewed all sources of funding. projected various
scenarios and prioritized the needs of the Operating and Capital Improvement Budgets; and
WHEREAS, the School Board proposed CIP has been reconciled to meet the funding provided by the
City Council on May 13, 2008.
Now, therefore, be it
RESOLVED: That the Virginia Beach School Board adopts a CIP program of $635,153,851 (as shown
on the attached funding summary dated May 20, 2008); and be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the
Clerk of the Board is directed to deliver a copy of this resolution to the Mayor. each member of City
Council. the City Manager, and the City Clerk.
SEAL
Adopted by the School Board this 20th day of May, 2008
~~l-
Attest:
~f.~~
Dianne p, Alexander, Clerk of the Board
School Administration Bunding . 2512 George Mason Drive' PO, Box 6038 . Virginia Beach, VA 23456'{)(]38
Nw,'/bschoo:s corn
, I "
- 37 -
Item V-J.15.
ORDINANCES/RESOLUTIONS
ITEM # 57729
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to APPROPRIATE $300,000 from the Commonwealth of
Virginia reimbursement of Jail Expenses to the FY 2007-08 Sheriff's
Special Revenue Fund re increased inmate population,
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
I .
1 AN ORDINANCE TO APPROPRIATE $300,000 FROM
2 THE REIMBURSEMENT OF JAIL EXPENSES FROM
3 THE COMMONWEALTH OF VIRGINIA TO THE FY
4 2007-08 SHERIFF SPECIAL REVENUE FUND
5
6
7 WHEREAS, revenues earned through the Reimbursement of Jail Expenses from
8 the Commonwealth of Virginia exceed the budgeted appropriation.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 Estimated revenues from the Commonwealth of Virginia for Reimbursement of
14 Jail expenses are hereby increased by $300,000;
15
16 Appropriations to the Sheriff's Special Revenue Fund for inmate expenses are
17 increased by $200,000;
18
19 Appropriations to the Sheriff's Special Revenue Fund to increase part-time
20 funding for court security are hereby increased by $100,000;
21
22 Part-time FTEs (full-time equivalents) are hereby increased by 3.98 positions for
23 FY 2007-08 only.
24
25
26 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10t-h day
27 of June , 2008.
28
29 Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
H ~ Q 8~~.u(2
Management Services ~~
c(iZ~d2~
CA 10722
R-1
May 28, 2008
i I II
- 38 -
Item V-J.16.
ORDINANCES/RESOLUTIONS
ITEM # 57730
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to APPROPRIATE $17,637 violation charge revenue of the
Chesapeake Bay Preservation Ordinance to the Agriculture's FY 2007-
08 Operating Budget re wetlands and coastal sand dune restoration and
enhancement.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 2008
i'l
1 AN ORDINANCE TO APPROPRIATE $17,637 IN
2 ORDINANCE VIOLATIONS REVENUE TO THE FY 2007-08
3 OPERATING BUDGET OF THE DEPARTMENT OF
4 AGRICULTURE FOR WETLANDS AND COASTAL SAND
5 DUNE RESTORATION AND ENHANCEMENT PROJECTS
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 1, That estimated revenue in the FY 2007-08 Operating Budget is hereby
11 increased by $17,637 from Chesapeake Bay Preservation Ordinance violation
12 charges.
13
14 2. That $17,637 from Chesapeake Bay Preservation Ordinance violation
15 charges are hereby appropriated to the FY 2007-08 Operating Budget of the
16 Department of Agriculture for wetlands and coastal restoration and enhancement
17 projects,
18
19 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of
20 ,June, 2008.
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
G .
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Cily~}i~
CA10721
R-1
May 28, 2008
,I "
- 39 -
Item V-J.17.
ORDINANCES/RESOLUTIONS
ITEM # 57731
John D, Moss, 4109 Richardson Road, Phone; 363-7745, representing the Virginia Beach Taxpayers
Alliance, referenced the 1987 Recreation Center Referendum and being one of the architects during
his City Council term, This Referendum entailed a 3,8if tax increase, which the citizens approved to
pay the debt plus the operating expenses, Staff members do not always honor the intent of the
voters. With the adoption of the City's Operating Budget, the tax rate associated with the Recreation
Centers was reduced effective July First to 3.476if; however, the residents did not get a real estate tax
decrease. Therefore, this funding went into the General Fund. The Government has an institutional
obligation to honor the ballot box. The citizens voted for the 3, 8if for the Recreation Centers debt
retirement and operation.
A MOTION was made by Councilman DeSteph, seconded by Council Lady McClanan, to DEFER until
the City Council Session of July 8, 2008: This will enable City Council to provide information re
examining the philosophical issue re the Bond Referendums when they expire, Councilman DeSteph said
he would MODIFY the motion to include appropriating $5,500.00 (Budget Unit 11 071 Aquatics TR lift).
Ordinance to TRANSFER $292,790 from the Operating to the Capital
Outlay accounts within the Parks and Recreation's FY2007-08
Operating Budget re the purchase of capital equipment for each
Recreation Center.
Upon SUBSTITUTE MOTION by Vice Mayor Jones, seconded by Councilman Wood, City Council
ADOPTED:
Ordinance to TRANSFER $292,790 from the Operating to the Capital
Outlay accounts within the Parks and Recreation's FY2007-08
Operating Budget re the purchase of capital equipment for each
Recreation Center.
SCHEDULED FOR FUTURE CITY COUNCIL DISCUSSION/CITY MANAGER TO REPORT: a)
ACCOUNTABILITY, b) REFERENDUM STATUS and c) PARKS AND RECREATION STRATEGIC
PLAN
June 10, 2008
- 40-
Item V-J.17.
ORDINANCES/RESOLUTIONS
ITEM # 57731 (Continued)
Voting: 8-3
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Mayor
Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph. Barbara M Henley and Reba S. McClanan
Council Members Absent:
None
, 1 "
June 10, 2008
i I II
1 AN ORDINANCE TO TRANSFER $292,790 FROM
2 OPERATING ACCOUNTS TO CAPITAL OUTLAY
3 ACCOUNTS WITHIN THE FY 2007-08 OPERATING BUDGET
4 OF THE PARKS AND RECREATION DEPARTMENT TO
5 PURCHASE CAPITAL EQUIPMENT FOR EACH
6 RECREATION CENTER
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9 That $292,790 is hereby transferred within the Parks and Recreation Department's
10 FY 2007-08 Operating Budget to fund capital equipment purchases for the recreation
11 centers,
of
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th
.TllnE' 2008.
day
Approved as to Content:
Approved as to Legal Sufficiency:
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~ Qr\rJ) Q ,fje
Management Services
c~~~
CA10713
R-1
May 21,2008
Item V-K.
APPOINTMENTS
- 41 -
ITEM #57732
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ARTS and HUMANITIES COMMISSION
BEACHES and WATERWAYS COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
June 10, 2008
I ,i
- 42-
Item V-N
ADJOURNMENT
ITEM # 57733
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:16 P.M.
/;) " d,~)/~
-~------------------
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 10, 2008
- 42-
Item V-N
ADJOURNMENT
ITEM # 57733
,I "
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:16 P.M.
O~__()_1__~_<!!'~
BeverfY'o. Hooks, CMC
Chief Deputy City Clerk
q,-~~
uth Hodges Fraser, MMC
City Clerk
~d.n-
Meyera 'E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 10, 2008