HomeMy WebLinkAboutDECEMBER 9, 2008 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. DeSTEPH, At -Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER„ Centerville - District 1
BARBARA M. HENLEY, Princess Anne District 7
/U:BA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach District 6
RON A. VILLANI EVA, At -Large
ROSEMARY WILSON, Al -Large
JAMES L. WOOL), Lynnhaven -District 5
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES ERASER, MMC
CITY COUNCIL AGENDA
09 DECEMBER 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
I. CITY COUNCIL BRIEFING
- Conference Room - 2:30 PM
A. COMMUNICATIONS AND INFORMATION TECHNOLOGY AUDIT
Lyndon Remias, City Auditor
II. CITY MANAGER'S BRIEFING
A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
Patricia Phillips, Finance Director
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
V. INFORMAL SESSION
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
- Conference Room - 4:15 PM
VI. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Rabbi Israel Zoberman
Beth Chaverim Synagogue
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 November 25, 2008
2. INFORMAL and FORMAL SESSIONS December 2, 2008
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. ACQUISITION OF EASEMENTS - Cape Henry Beach
2. RENTAL INSPECTION - Exemption of Fees
3. LEASE OF CITY PROPERTY — 2181 and 2257 Landstown Road
4. REAL and PERSONAL PROPERTY TAX — Proposed Exemptions
5. EMERGENCY MEDICAL SERVICES (EMS) Private Ambulance Service
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND Section 16-12.7 of the City Code re Certificates to EXEMPT certain
housing units from Rental Inspection Fees
2. Ordinance to ACQUIRE permanent easements to protect the public's right for recreation and
provide sand replenishment at Cape Henry Beach by agreement or condemnation
3. Ordinance to ACCEPT a Deed of Dedication from WBM, LLC re access to the Norfolk
Avenue Trail (Shadowlawn)
4. Ordinance to ACCEPT a parcel of land from Assem M. Amin for public access in the 500
block of South Lynnhaven Road along London Bridge Creek
5. Ordinance to ACQUIRE Parcel 2-A-2, Princess Anne Place, in fee simple, from Harold C.
and Deanna S. Lloyd at Heron Ridge Golf Course
6. Ordinance to ACCEPT permanent drainage easements by property owners on Goodspeed
Road, Princess Anne Hills
7. Ordinance to AUTHORIZE Bids For Lease of property at 3425 Clubhouse Road, Bow Creek,
re cell towers
8. Resolution to AUTHORIZE an annual permit for Special Event Providers of Emergency
Medicine re Private Ambulance Services
9. Resolution to REFER to the Planning Commission for their recommendation the
Northampton Boulevard Corridor Strategic Growth Area Implementation Plan (Burton
Station)
10. Ordinances to EXEMPT certain organizations from Real and Personal Property Taxes:
a. American Cancer Society, South Atlantic Division, Inc.
b. Equi -Kids Therapeutic Riding Program
c. Little Theater of Virginia Beach, Inc.
d. Virginia Beach Events Unlimited, Inc.
11. Ordinances to EXEMPT certain organizations from Personal Property Taxes:
a. American Center for Law and Justice, Inc
b. Battelle Memorial Institute
c. Evelyn's Wildlife Refuge, Inc.
d. First Landing Foundation
e. Hope for Life Rescue, Inc.
f. Let's Talk, Inc.
g. Rampona Orphans International and Mission Fund
h. Sun Wheelers, Inc.
i. Tidewater Division, Mideast Region, of the National Model Railroad Association
j. United in Him
k. Virginia Beach Court Appointed Special Advocates, Inc.
1. Virginia Beach, Educational Broadcast Foundation, Inc.
m. Virginia Society for Human Life Educational Fund, Inc. (Tidewater Chapter)
n. Young Musicians of Virginia, Inc.
o. National Historic Aircraft Foundation
p. Summer Shakes, Inc.
111
12. Ordinance to APPROPRIATE $132,000 DEA seized property funds to the Commonwealth's
Attorney re purchase of office equipment
13. Ordinances re SCHOOL funding:
a. APPROPRIATE $33,065,747 from the School Special Revenue Fund re various Capital
Projects
b. APPROPRIATE $679,448 and substitute funding sources in the FY 2008-09 Capital
Budget re School renovations
14. Ordinance to TRANSFER $740,000 re rights-of-way acquisition for the Southeastern
Parkway and Greenbelt Project
L. PLANNING
1. Application of MILITARY AVIATION MUSEUM for Modification and Addition of
Conditions (approved by City Council on January 9, 2007) at 1341 Princess Anne Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION: APPROVAL
2. Application of BUKOLA A. ODUYELU, D.D.S., P.C. for a Change of Zoning District
Classification from R-20 Residential District to Conditional 0-1 Office District at 2264
London Bridge Road re an office building at SGA 10, South Oceana Area.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION: APPROVAL
3. Application of 501 22ND STREET, LLC for a Change of Zoning District Classification from
A-12 Apartment District to Conditional RT -3 Resort Tourist District at 501 22°' Street re a
product showroom and office at the Resort Area.
DISTRICT 6 - BEACH
RECOMMENDATION: APPROVAL
4. Application of AGAPE FULL GOSPEL DELIVERANCE and WORSHIP CENTER for a
Conditional Use Permit re a church and related facilities at 6620 Indian River Road.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION: APPROVAL
M. APPOINTMENTS
BEACHES AND WATERWAYS COMMISSION
COMMUNITY SERVICES BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
TIDEWATER REGIONAL GROUP HOME COMMISSION
1
Agenda
www.vbgov.com
N. UNFINISHED BUSINESS
0. NEW BUSINESS
P. ADJOURNMENT
Effective 1 January 2009:
Virginia Beach City Council will hold
Informal and Formal Sessions
on the second and fourth Tuesdays of each month.
Workshops will be scheduled
for the first and third Tuesdays of each month
per action taken 11.18.08.
A Special Formal Session will be held
Monday, January 5, 2009 at 4:00 PM
for the REORGANIZATION of City Council
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
12/09/08 gw/st
1
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 9, 2008
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re the audit of
COMMUNICATIONS AND INFORMATION TECHNOLOGY in the City Council Conference Room,
Tuesday, December 9, 2008, at 2:30 P.M.
Council Members Present:
Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor
Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
Reba S. McClanan
William R. "Bill" DeSteph
Robert M. Dyer
Ron A Villanueva
[Entered: 2:35 P.M.]
[Entered: 2:40 P.M]
[Entered: 2:40 P.M]
[Entered: 3:10 P.M— returning from New York
on City business.]
December 9, 2008
-2-
CITY COUNCIL BRIEFING
COMMUNICAITONS AND INFORMATION TECHNOLOGY AUDIT
2:30 P.M.
ITEM # 58339
Lyndon Remias, City Auditor, presented information re the audit of Communications and Information
Technology and advised the Report and Appendices will be posted on the www.vbgov.com website.
Goal:
1. Determine whether amounts charged to departments for services accurately reflect the cost of
those services.
Result(s)
➢ Determined that WAN, Emergency Radio Maintenance and Subscription Service amounts
charged to other departments for COMIT's services accurately reflect the cost charged
➢ For multi functional devices, we determined that for FY2008, ComIT charged departments
approximately $200,000 above the vendor direct costs for the use of multi functional devices
(MFDs) as shown below:
> Of the $200,000 difference, $30,000 was a result of ComIT using an incorrect click rate per
copy of $.008 as opposed to the correct rate of $.007. The remaining $170,000 is the 20%
overhead rate (the standard rate for all services provided by the City/Schools Printing and Mail
Services) on the use of multi functional devices (MFDs) to all departments
Conclusion(s)
➢ Except as noted above, it was determined that amounts charged to departments for services
accurately reflect the cost of services provided
Recommendation(s)
1.1. The City Auditor recommends that ComIT begin charging departments the new, renegotiated
Xerox contractual click rate of $.007 per image as opposed to the old rate of $.008. This rate
was renegotiated in May 2007 but was not passed on to departmental customers.
1.2. We recommend maintaining the current overhead rate of 20% for multi function device
(MFD) use at this time, even though when considering this one service by itself the overhead
charged does not approximate the cost of administering the service. The MFD lease payments
to Xerox Corporation and corresponding charges received from departments are booked in the
Print Shop Internal Service Fund. City/Schools Printing is funded by two revenue sources —
the multi functional device (MFD) charges and individual print jobs for which ComIT charges
departments throughout the year. When considering City/Schools Printing Services as a whole
(without the knowledge of the effectiveness and efficiency of the entire City/Schools Printing
Services operations), it is evident that the enterprise fund needs the excess overhead for its
operations. It had an operating loss of $35,238 in the 2007 Comprehensive Annual Financial
Report (CAFR). It is probably unrealistic to attempt to predetermine the number and exact
cost of anticipated individual departmental print jobs to charge overhead to with more
accuracy than is now being done.
2. Determine whether Inter Departmental Transfers (IDTs) are necessary and/or warranted.
Results(s)
> The amount of IDTs initiated by ComIT during FY 08 totaled $2,536,742.
> All IDTs were deemed necessary and warranted.
Conclusion(s)
➢ We determined that the above IDTs initiated by ComIT were necessary and warranted.
Recommendation(s)
> None.
December 9, 2008
-3-
CITY COUNCIL BRIEFING
COMMUNICATIONS AND INFORMATION TECHNOLOGY AUDIT
ITEM # 58339 (Continued)
Three and Five are similar objectives and are therefore being combined.
3 & 5 Evaluate efficiency in responding to departmental needs for equipment, communications,
software and other IT -related items and determine whether current policies unnecessarily
limit purchasing efficiency and restrictions on printers.
Result(s)
Citywide IT -related purchasing transactions originating in FY 2008 were reviewed
➢ The average review by ComIT took 2.5 days to complete
➢ 64.4% were reviewed and returned to the Purchasing Division within one day
➢ The longest review took 71 days
➢ The average procurement cycle (reservation of funds through closing of the purchase order)
for IT -related purchases closing during FY 2008 was 67.7 days
➢ The average resolution time for FY 2008 HEAT tickets related to purchase orders was 20.1
days. The HEAT ticket resolution time represents the time it takes to issue a purchase order,
accept delivery, configure, image, test and install the item
➢ The City contracts with Electronic Systems, Incorporated (ESI) to provide computer-related
equipment, peripherals and software that adhere to the standards developed by ComIT in
accordance with AD 2.06. All computer-related hardware purchases are subject to a $55
installation fee and/or $25 asset tagging fee. Hardware is configured, imaged, delivered and
installed by ESI staff.
Survey Question
Was the product you received adequate to perform
our job duties?
Yes
92%
No
8%
➢ Despite this high percentage, only 45% indicated "Very Satisfied" or "Satisfied" when asked to
rate their satisfaction with the overall IT -related purchasing process.
➢ The contract with ESI provides a selection of nine printers that meet the City's standards for
compatibility, reliability and durability.
➢ During FY 2008, the City purchased 89 printers (22 of which were non -City standard desktop
models purchased to address specific, unique business needs) from ESI, ranging in price from
a small desktop printer for $86 to a high speed network printer for $3,507.
Conclusion(s)
➢ Based on the results of the analysis of procurement cycle data, the stewardship
responsibilities placed on ComIT by Administrative Directive (AD) 2.06, Information
Technology Infrastructure and Asset Management and the results of the Technology
Satisfaction Survey, the City Auditor does not believe current IT -procurement policies
unnecessarily limit departmental access to hardware and software.
➢ Timeliness of new department technology related initiatives implementation is somewhat
impacted by the process.
➢ Given the purchase information provided above and the stewardship responsibilities placed on
ComIT by AD 2.06, the City Auditor does not believe current policies unnecessarily limit
purchasing efficiency, nor do they place unnecessary restrictions on a department's ability to
purchase printers.
December 9, 2008
-4-
CITY COUNCIL BRIEFING
COMMUNICATIONS AND INFORMATION TECHNOLOGYAUDIT
ITEM # 58339 (Continued)
Recommendation (s)
3.1 The City Auditor recommends ComIT continually monitor and review their processes to
ensure efficiency with regard to approving departmental IT -related purchases and their role
in the delivery, configuration, imaging, testing and installation of technology -related items.
Some improvements suggested by survey respondents include:
➢ Require the City's hardware vendor to prestock popular peripherals to reduce delivery
time
➢ Make information readily available to user departments regarding requirements and
the approval process for purchasing "non-standard" items
D. Provide a link to information concerning proper account coding on beachnet (City's
intranet)
D. "Sponsor an annual Technology Fair to share ideas about new technology and receive
input from operational divisions on what hardware and/or software to make 'City
standards'"
5.1 The City Auditor recommends that Administrative Directive 2.06, Information Technology
Infrastructure and Asset Management, adopted in June 2001, be updated to reflect the
current operating structure and practices within the City
5.2 The City Auditor recommends ComIT provide additional (easy to find) information to its
customers with regard to their ability and the requirements necessary to purchase "non-
standard" computer-related hardware, software and peripherals in the form of "Frequently
Asked Questions" or "How To" on Beachnet.
4. Evaluate efficiency in responding to HEAT ticket calls.
Result(s)
➢ ComIT resolved 26,302 calls for service during FY 08.
➢
52.3% of all calls were resolved within one day.
Number
Priont-v of Calls
FY 08 Resolution Hours b►' Priority Leval
Calls that Met or
Exceeded Response
Goal
o/ Calls
f1verage
Hours
Per Call
Median
Response
Horns
Number "n
o f Calls of Calls
1
115
0.4%
6.47
2.2
52
45.2%
2
845
3.2%
15.90
2.7
612
72.4%
3
18,710
71.1 %
25.06
6.0
14,371
76.8%
4
6,632
25.3%
77.68
19.7
4,950
74.6%
TOTAL
26,302
19,985
76.0%
December 9, 2008
-5-
CITY COUNCIL BRIEFING
COMMUNICAITONS AND INFORMATION TECHNOLOGY AUDIT
ITEM # 58339 (Continued)
➢ With regard to problem resolution and requests for services, the respondents were asked to
rate their level of satisfaction in the following areas:
Support Center Satisfaction
Surre;' Area
peed in reaching the HELP Desk
Timeliness of problem/request
esolution
nowledge and technical abilities o
to
Courtesy and helpfulness of staff
Derr Satisfied/
Satisfied
Neutral
74%
70%
76%
7%
6%
Dissatisfied/
['rely
Dissatisfied
0%
8%
7%
0%
2%
7%
> Sixty-six percent (66%) selected "Always" or "Usually" when asked whether their problems
were resolved in a satisfactory manner. Less than 1 % responded "Never".
Conclusion(s)
➢ Based on the results of the review of FY 08 call resolution data and the satisfaction ratings
provided in the Technology Satisfaction Survey, the technology -related support services
provided by ComIT appear to be operating efficiently and effectively.
Recommendation (s)
4.1 The City Auditor recommends that ComIT consider the following activities (many of which
were suggested by the respondents to the survey) to enhance the City's experience related to
ComIT support:
> Evaluate increasing the hours of available support to meet the needs of its customers
> Provide the customer an estimated response time based on the call type
➢ Provide an online means of reporting issues and checking call status
> Have Support Center staff answer the telephone during normal business hours, when
feasible, rather than the calls going to automated answering/voice mail
> Quickly acknowledge receipt of calls/requests left on voice mail and/or received via
email
➢ Enhance Beachnet to include frequently asked questions and resolutions for common
problems (and make them easier to find)
➢ Revisit the call closing process to ensure the information is useful and beneficial to all
parties. An option may be to confirm the technician's closing of the call via email or
voice message; and, then to periodically send a short customer service satisfaction
survey to a randomly -selected sample of customers
> Provide periodic staff development and customer service training to all levels of ComIT
staff
➢ Evaluate solutions for further developing individual departmental knowledge and
direct relationships within City departments. by doing so, ComIT, as well as the rest of
the City, will benefit from the shared understanding of operations, issues and needs.
This would result in enhanced quality and responsiveness of services provided both
internally by ComIT and externally by the operating departments.
December 9, 2008
-6-
I
CITY COUNCIL BRIEFING
COMMUNICAITONS AND INFORMATION TECHNOLOGYAUDIT
ITEM # 58339 (Continued)
Recommendation(s)
5.1 The City Auditor recommends that Administrative Directive 2.06, Information Technology
Infrastructure and Asset Management, adopted in June 2001, be updated to reflect the
current operating structure and practices within the City.
5.2 The City Auditor recommends ComIT provide additional (easy to find) information to its
customers with regard to their ability and the requirements necessary to purchase "non-
standard" computer-related hardware, software and peripherals in the form of "Frequently
Asked Questions" or "How To" on Beachnet.
6. Determine whether the final decision by ComIT on radio, in -vehicle computers, and related
purchases superseded recommendations from end-users.
Results
Radio Replacement
➢ The decision to select the Motorola XTS 2500 radio as the public safety standard in 2002 was
made after extensive review and stakeholder input.
➢ The decision was directed by the then Chief of Operations and discussed and agreed upon by
the Public Safety Chiefs at a meeting in December 2002.
➢ A multitude of factors was considered before the decision was rendered Among these factors
were:
► the budget of $6.7 million
I. future migration
► cost differences between the units
► expandability
► the needs of the user agencies
Mobile Data Terminal (MDTs) Replacement
➢ In late 2006, the City began the process of selecting new Mobile Data Terminals (MDTs) to
replace the keyboard data terminals (KDTs) in public safety vehicles.
➢ As part of the process, representatives of Police, Fire and EMS were afforded the opportunity
to provide application functionality and hardware specifications. They were asked to evaluate
sample units from multiple manufacturers to determine the most desirable features.
➢ The RFP evaluation criteria included functional aspects as well as provider qualifications,
service level ability, performance history and other criteria deemed appropriate, including unit
cost and cost of all associated accessories and required services.
➢ User departments requested USB ports and optical drives for use in accessing Field Guides and
other information needed while in their vehicle.
➢ The new MDTs have USB ports, but they are not currently accessible, due to
virus/vulnerability issues.
➢ Optical drives (for use reading field manuals) were not provided.
➢ There are many public safety technology upgrade projects either actively underway or in the
planning stages that will greatly enhance the ability of public safety providers to communicate
and operate in the field.
➢ The first step was to replace the Mobile Data Terminals (MDTs).
➢ The decisions made by ComIT to ensure data integrity and security relating to the use of the
Mobile Data Terminals (MDTs) could have been better communicated to the stakeholders.
December 9, 2008
-7-
CITY COUNCIL BRIEFING
COMMUNICAITONS AND INFORMATION TECHNOLOGY AUDIT
ITEM # 58339 (Continued)
Conclusion(s)
While there may have been some communication issues, it is not evident the final decision by ComIT
on radio, in -vehicle computers, and related purchases superseded recommendations from end-users.
Recommendation(s)
None.
7. Review areas of concern regarding connectability between fire stations
Conclusion(s)
➢ In conclusion, (as well as ComIT and Fire Administration) the issue of network connectivity
between fire stations has been addressed.
➢ All fire stations have network connectivity capabilities via Frame Relay or Cox Business
Internet.
➢ Responses from eight stations and one Battalion Chief indicated agreement that the
connectivity provided allowed them to access the City's area wide network, and seven of the
eight agreed that the connectivity was adequate to perform their job functions. Two
respondents reported recurring problems (one that the connection was too slow and the other
reported issues with printing).
Recommendation(s)
➢ None.
8. Review areas of concern regarding Internet access at EMS stations
Conclusion(s)
➢ We contacted all squads and substations and determined that all, with the exception of Creeds
and First Landing, have internet access.
Recommendation(s)
➢ None.
9. Evaluate employee efficiency, turnover, and morale of Emergency Communications since
ComIT took control of the VB 9-1-1 Call Center.
Result(s)
Efficiency of Service Delivery
➢ The results of our VB 9-1-1 Employee Survey (with 62% of employees responding) show
employees are generally satisfied with the Center's performance and their job responsibilities.
➢ Employees believe VB 9-1-1 rates "Excellent" or "Above Average" when it comes to call
response times, dispatch times, citizen satisfaction, public safety (Police, Fire and EMS)
customer satisfaction and efficient call management.
➢ VB 9-1-1 has consistently received high satisfaction ratings as part of the City's Citizen
Satisfaction Survey conducted every two years. Citizens reported a satisfaction rating of 97.3
in 2007 and 96.4% in 2005.
December 9, 2008
-8-
CITY COUNCIL BRIEFING
COMMUNICATIONS AND INFORMATION TECHNOLOGY AUDIT
ITEM # 58339 (Continued)
VB 9-1-1 Internal Customer Satisfaction
➢ The City Auditor's Staff met with representatives of each Public Safety Department to discuss
their issues and concerns; and,
➢ Used the 321' respondents to our Technology Satisfaction Survey reporting to have used
emergency dispatch services
► Seventy-six percent (76%) of those responding reported their overall satisfaction level
with emergency dispatch services as "Very Satisfied" or "Satisfied':
► Only 13% indicated "Dissatisfied" or "Very Dissatisfied".
Staffing/Turnover
➢ The ECCS Division has 125 approved FTEs for FY 09.
➢ There were 16 vacancies as of July 1, 2008. This represents 13% of the total approved
FTEs.
➢ Vacancy rates have declined from 19% in FY 02 to 13% in FY 08, due in large part to
the enhancements made to the recruitment and training processes by ComIT
Comparison of Budget to Actual FTEs
FY00 FY01 FY02 FY03 FY04 FY05
NUMBER OF FTES
FY06
BUDGETED FTEs -r—POSITIONS FILLED VACANCIES
FY07
FY08
➢ While employees rated the Center's performance with regard to its ability to adequately retain
existing employees as "Poor" or "Very Poor", the retention rate for experienced employees
remains over 90%.
➢ VB 9-1-1 employee turnover has increased over the last five years primarily due to the
increased number of academies and recruits that fail to complete the probationary (training)
period.
➢ Eleven (11) employees retired during the five-year period, accounting for approximately 27%
of the experienced employees who have left.
Morale of VB 9-1-1 Operational Employees
➢ Of all ECCS respondents, almost 60% of the respondents evaluated morale as "Poor" to "Very
Poor"
➢ Seventy-one percent (71%) of respondents indicated they believe that employee morale is
declining.
December 9, 2008
I II
-9-
CITY COUNCIL BRIEFING
COMMUNICATIONS AND INFORMATION TECHNOLOGYAUDIT
ITEM # 58339 (Continued)
Based on the survey results, the comments provided and our interviews with staff, it appears that
morale is impacted by the following:
➢ Decision by City Management to move VB 9-1-I from the Police Department
➢ Lack of recognition of VB 9-1-1 as a public safety function and its organizational placement
➢ Management decisions and interactions with staff
➢ Shift level staffing deficiencies
➢ Required overtime
➢ Inconsistencies in supervisory practices
➢ Interaction and conflict with co-workers
➢ Compensation
➢ Lack of employee recognition and teambuilding activities
Organizational Placement
➢ The current administrative placement and reporting relationship through the City's
Department of Communications and Information Technology does not accurately reflect the
largely public safety nature of the work performed by the Emergency Communications Center.
➢ The function has evolved significantly since its inception and should be recognized for making
a direct contribution to the delivery of public safety services to citizens.
➢ The current placement places the Center in a reactive position for handling policy, practice
and procedural changes within public safety agencies that directly or indirectly impact the
"work on the operations floor".
➢ Additionally, the current placement also creates natural conflicts between service delivery and
technology support roles within ComIT.
➢ Placement within one of the Public Safety departments does not effectively represent (and/or
address) the diversity of VB 9-1-1's multiple customer base and the broader service delivery
needs of all affected departments.
➢ Studies show placement within one agency creates both perceived and real bias when
communication needs and issues conflict.
➢ Placement within one of the Public Safety departments also causes an internal "struggle"
(within the department) for the resources necessary to sustain and improve operations.
➢ Placement within one of the Public Safety departments administrative chain -of -command is
not representative of the largely operational nature of the services provided or of the broader
organizational role of public safety communications service delivery.
Conclusion(s)
➢ Given the challenges associated with operating in a 24/7, emergency operations environment,
VB 9-1-1 provides an efficient level of service that helps to ensure the safety of the City's
citizens and first responders due in large part to the commitment and dedication of its
management, administration and employees.
➢ The overall turnover rate is better than national 9-1-1 turnover trends and has been held
relatively consistent over the last two fiscal years.
➢ Despite improvements to the physical environment, compensation, increased staffing and
enhanced recruitment efforts, employee morale remains problematic.
December 9, 2008
- 10 -
CITY COUNCIL BRIEFING
COMMUNICAITONS AND INFORMATION TECHNOLOGYAUDIT
ITEM # 58339 (Continued)
Recommendation(s)
9.1 The City Auditor recommends, in conjunction with ComIT leadership, the City consider
designating VB 9-1-1 as a public safety activity and making the communication functions
within the Emergency Communications and Citizen Services Division an independent City
department (outside the customer agencies it serves) with a reporting structure similar to the
City's other public safety agencies. ComIT would continue to provide support to the
technology components of the division.
9.2 The City Auditor recommends the City create a Public Safety Advisory Board composed of
representatives from Police, Fire, EMS and Emergency Communications to provide input and
guidance with respect to Emergency Communications and that the Board be chaired by the
City Manager.
9.3 The City Auditor recommends services to internal customers be managed through written
Memoranda of Understanding (MOU) or other formal process in order to clearly define the
customers and VB 9-1-1's needs and expectations for service delivery.
9.4 The City Auditor recommends that ComIT work with a professional facilitator to provide
VB 9-1-1 staff an open forum to express, discuss and resolve workplace concerns.
9.5 The City Auditor recommends that ComIT evaluate utilization of 12 hour shifts for VB 9-1-1
operations.
10. Perform analysis of pertinent employee suggestions.
Results
➢ Feb 2005 — Mar 2005: Reviewed the master list of suggestions and hard copy detail (now with
Management Services). Determined that suggestions were logged, reviewed and monitored
until final disposition.
➢ Mar 2005 — Dec 2006: The City Auditor was unable to determine if any suggestions during this
time period were logged, reviewed or monitored.
➢ Jan 2007 — To current: Reviewed the master list of suggestions. Determined that suggestions
were logged, reviewed and monitored until final disposition. Note: Five (5) of 77 suggestions
received to date relate to ComIT.
Conclusion(s)
➢ The City Auditor concluded that there is an employee suggestion program forum in place
whereby employees can make suggestions concerning technology and other issues.
Recommendation(s)
10.1 The "My Idea Works Program" should continue to operate in its present form.
11. Perform confidential interviews with employees and volunteers regarding ComIT.
Conclusion(s)
➢ Based on confidential interviews conducted and comments received from the Citywide
Technology Satisfaction Survey many respondents acknowledged the challenges that ComIT
faces in serving the entire City's IT needs.
➢ Many comments received praised ComIT's courtesy and professionalism.
➢ However, one overarching theme that resonated from the interviews and comments was that
ComIT should recognize their role as that of a support department supporting, rather than
determining a department's technology needs.
➢ In addition, the survey revealed that employees are not aware of common ComIT tools that can
help them with IT/computer-related questions.
➢ Detailed results of the survey our included in Appendix 2 and Appendix 3
December 9, 2008
-11-
CITY COUNCIL BRIEFING
COMMUNICATIONS AND INFORMATION TECHNOLOGY AUDIT
ITEM # 58339 (Continued)
Recommendation(s)
11.1 The City Auditor recommends that ComIT thoroughly review the results of the City of
Virginia Beach Technology Satisfaction Survey and the VB 9-1-1 Employee Survey and
develop an action plan to address those areas which need significant improvement.
11.2 The City Auditor recommends that ComIT develop a plan to make employees more aware of
the common ComIT tools that can help users with IT/computer related questions.
12. That if the City Auditor concludes that it would be prudent and cost effective to retain the
services of an outside technology consultant or auditor with technological expertise on a
contract basis, and the City Auditor concludes that additional funds are needed to procure
those services, then the City Auditor shall submit an appropriations ordinance for
consideration by City Council.
Conclusion(s)
➢ The City Auditor determined that the current Audit Staff possessed the expertise and
experience to effectively address City Council's concerns expressed in items one through six of
the City Council Resolution. However, the scope of this audit did not include the City's Capital
Improvement Program (CIP) for Communications and Information Technology (CIT) which
contains numerous projects totaling approximately $107 -Million. In addition, the scope does
not address the need for a comprehensive Citywide Technology Plan. The technical skills,
expertise and experience needed to address these needs would have to come from outside the
organization.
Recommendation(s)
12.1 The City Auditor agrees with City management that the City should engage an external
Information Technology Consultant with established expertise to develop a Citywide
Technology Plan. The level of expertise and sophistication required to develop an effective
technology plan for an organization of this size and complexity will, no doubt, require
significant resources. We recommend ComIT coordinate with the Office of the City Auditor,
appropriate City staff and City Council to develop the specific deliverables and associated
cost estimates that will meet City Council's expectations for such an endeavor.
Councilman Wood, Liaison — Audit Committee, expressed appreciation to Lyndon S. Remias, City
Auditor, for his dedicated efforts. The Citizens Audit Committee received this Briefing on Friday,
December 5, 2008. Mr. Remias mentioned a refund of a small amount in this fiscal year; however,
$30,000 last fiscal year was a result of ComIT using an incorrect click rate per copy of $.008 as opposed
to the correct rate of $.007. Will this money be refunded to the General Fund? Councilman Wood
understands the reason is to keep the print shop working in the "black", but perhaps they should charge
departments the actual cost as opposed to charging an extra amount.
Mr. Remias advised the money would be refunded to the General Fund and some of the other respective
funds. This information will be provided.
Councilman Wood referenced a conclusion in Item 11: Communications and Information Technology
recognizing their role as a support department rather than being the determiner for a department's
technology needs.
Council Lady Wilson referenced the Auditor's recommendation of 9-1-1 being placed under a different
department.
December 9, 2008
-12-
CITYCOUNCIL BRIEFING
COMMUNICATIONS AND INFORMATION TECHNOLOGYAUDIT
ITEM # 58339 (Continued)
The City Manager advised this would be reviewed during consideration of the FY 2008-2009 Operating
Budget. This situation existed previously when it was in one of the service provision departments and it
was a constant problem. Due to its size, the City Manager wouldfavor a separate retaining department.
This would entail a larger cost and options have been prepared for City Council.
Council Lady McClanan believes it a mistake when 9-1-1 was moved from Public Safety. Council Lady
McClanan believes the members of 9-1-1 were the most knowledgeable and best trained. The Police and
Fire Departments need to be listened to.
Councilman Wood requested the Municipal Reference Library prepare research. Out of eight (8) cities
and counties surveyed, seven (7) of them have their Emergency Communications within a Public Safety
agency. On a national level, the trend is approximately the same.
Councilman Diezel inquired if the 9-1-1 Emergency system is "knocked out" across the board, what is
the back-up plan? Councilman Diezel also inquired relative operability between adjacent communities.
Homeland security stressed combined resources are absolutely essential. Councilman Diezel expressed
concern re the citizen survey. There is a 5 -minute response time for critical emergencies. Councilman
Diezel also inquired re the definition of employee morale posed in the survey and reported cost savings.
The City Manager advised the question posed in the survey indicated "Have you had reason to contact
the City through the 9-1-1 system in the previous year and how would you rate your satisfaction level?"
Gretchen Hudome advised morale is a subjective definition of each of the individuals.
Council Lady Wilson referenced in 2003 discussion placing Global Positioning System (GPS) devices in
ambulances and other safety vehicles. Page 10 of the report states that Phase I of the automatic Vehicle
Locator (AVL) is being implemented. Council Lady Wilson expressed concern re the delay in time.
Gwen Cowart — Director of Communications and Information Technology, advised essentially this is a
chain of dependencies and one system had to be in place for the next phase to be implemented. The
Automatic Vehicle Locator (AVL) project was centered on first replacing the mobile data terminals in the
Police Department, commencing in late 2006 and completed this past Spring. The Global Positioning
Systems (GPS) are in all the vehicles now and the Automatic Vehicle Locator (AVL) is being implemented
to display these vehicles on the maps in the 911 Dispatch Center. Immediately after this process will be
the deployment of the software, as a necessary part of the computer dispatch system that will then allow
the mobile mapping display on these new mobile data terminals in the vehicles. The vehicle mapping
funding was just approved in FY 2008-2009. One of the major changes in the mobile data replacement
process was replacement of the Motorola proprietary hardware which limited the vendor selection. The
mobile data terminals now are electronic lap tops and give the capability to interact with many other
products.
Mayor Oberndorf referenced the recognition of the employees of the 9-1-1 Dispatch Center. Mayor
Oberndorf advised showers and work-out areas are available now which were not in the basement of the
Police Station. This provides a more humane working opportunity should employees be on duty 24 -
hours.
Mr. Remias, City Auditor, expressed appreciation to Gwen Cowart and her staff as well as his staff,
Chris Ford, and Gretchen Hudome, Deputy City Auditors.
December 9, 2008
- 13 -
CITYCOUNCIL BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 58340
3:30 P.M.
The City Manager introduced Patricia Phillips, Director of Finance, to present information re the
Comprehensive Annul Financial Report (CAFR) and the Annual Long Term Debt Report for the year
ended June 30, 2008.
Mrs. Phillips recognized Don Barnett, Comptroller, Miryam P. Woodson, Principal Accountant, Wendy
Hu — Senior Accountant, as the individuals most responsible for the CAFR. Richard N. Dunford, Debt
and Financial Services Administrator, along with Patti Porter, Accountant, is also responsible for the
long term debt report.
Vision/Goals
"Create a Financially Sustainable City Providing Excellent Services"
❖ Transparent and Understandable Financia! Information
❖ Audited Financial Statements
❖ External Auditor Report
❖ Internal Auditor Comments
GASB 34
Entity -Wide vs Fund Presentation
Entity -Wide: Consolidates governmental and business activities — full accrual
➢ Governmental Activities Column
➢ Business Activities Column
➢ Program revenues for each activity
➢ Like private sector accounting
Fund Statements: Legal compliance
➢ Separate financial reporting units
➢ No program revenues identified for governmental activities
GASB 34
Did the City's Entity -Wide Financial Condition improve
during Fiscal Year Ended June 30, 2008? YES!
➢ Net Assets of the Primary Government increased by $147.6 -MILLION from $2.95 to $3. 09 -
BILLION
• Total Assets Increased by $168.2 -MILLION
- Cash increased by $6.3 -MILLION
- Net Capital Assets increased $148.2 -MILLION
• Liabilities increased by $20.6 -MILLION
➢ Total Revenues increased by $95.8 -MILLION from $1.25 to $1.35 -BILLION
➢ Total Expenses increased by $10.3 -MILLION from $1.19 to $1.20 -BILLION
➢ Resulting increase in Net Assets is not cash, but Capital Assets
December 9, 2008
II I
- 14 -
CITY COUNCIL BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM# 58340 (Continued)
GASB 34
Statement of Net Assets
Primary Government
June 30, 2008
(in billions)
Governmental Business Total
Assets $ 3.5 $ 1.0 $ 4.4
Liabilities $ 1.2 $ 0.2 $ 1.3
Net Assets $ 2.3 0.8 $ 3.1
GASB 34
Primary Government
Capital Assets at June 30, 2008
(in millions)
Net
Balance Additions/ Balance
June 30, 2007 Deletions June 30, 2008
Land and Improvements $ 774.4 $ 46.6 $ 821.0
Buildings ` 668.8 30.5 699.3
Site Improvements 133.5 17.6 151.1
Machinery and Equipment 38.1 8.5 46:6
Infrastructure 835.9 (17.0) 818.9
Utility System 569.8 26.1 595.9
Construction in Progress " 495.2 35.9 531.1
Total Infrastructure & Capital Assets $ 3,515.8 $ 148.2 ; $ 3,663.9
Infrastructure = Roadways, Bridges, Landfill, Hurricane Protection
Net of Depreciation
December 9, 2008
11 1 11 1111
- 15 -
CITY COUNCIL BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 58340 (Continued)
GASB 34
Statement of Activities - Primary Government
June 30, 2008
(in millions)
Program Net
Expenses. Revenues Expenses
Governmental Activities. $ 1,088.6 $ 291.7 $ (796.9)
Business Activities 110.3 127.5 17.2
Total Primary Government $1,198.9 $ 419.2 $ (779.7)
General Revenues:
Taxes
Other
Net Increase
Net Assets - Beginning
Net Assets - Ending
836.8
90.5
147.6
2,946.0
$ 3,093.6
FUNDS
General Fund Highlights
• Undesignated Fund Balance: $120.1 million
- Increase of $16.7 million
Amount Over 10% = $13.2 million
• Importance of Fund Balance on credit rating
Impact on flexibility
• Impact on debt service cost
• Revenues: Tess than budget by $8.1 million, or <0.8%>
• Local $(3.3) million
• State $(2.3) million
Federal $(2.5) million
• Expenditures: Tess than budget by $60.3 million, or 5.6% o
• City $25.0 million
Schools $35.3 million
December 9, 2008
- 16 -
CITY COUNCIL BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 58340 (Continued)
FUNDS
Summary of General Fund Activity - FY08
(in millions)
0/0 of
Budaet Actual Variance Budget
Revenues $ 1,038.4 $ 1,030.3 $ (8.1) (0.8)
Expenditures and Encumbrances 1,078.8 1,018.5 60.3 5.6
Excess Revenues Over (Under) Expenses $ (40.4) $ 11.8 t 52.Z
Fund Balance July 1, 2007 ` 176.5
Less Reservations:
Loans
Future Programs
City CIP 2008-09
School Revenue Sharing
11.0
10.2
13.9
33.1
$ 68.2
Fund Balance June 30, 2008 $ 1201
Fund Balance as a percent of Budgeted FY2009 Revenues is 11.2%
FUNDS
General Fund
Local Revenues Under Budget by $3.3 million
(in millions)
Real Estate
Personal Property
General Sales
Utility Taxes
Business Licenses
Hotel Taxes
Restaurant Meals
Other Local Revenue
Variance
$ 5.7
(9.0)
(1.6)
(0.1)
(3.2)
0.6
(1.1)
5.4
$ (3.3)
December 9, 2008
- 17 -
CITY COUNCIL BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM# 58340 (Continued)
FUNDS
General Fund Expenditures
For Fiscal Year Ended June 30, 2008
(in millions)
Budget Actual Variance
City Expenses $ 710.6 $ 685.6 $ 25.0
School (City Funding) 368.2 332.9 35.3
Total Expenditures $ 1,078.8
1,018,5
60.3
Fund Balance Issues
• Future Capital Investments — Transportation, Fire Stations, etc.
• Economy
• Reductions of State and Federal Funding
• Resource Allocations
• Posture for Economic Recovery
200
150
100
Undesignated General Fund Balance
9.5%
9.0%
8.8%
9.3%
1LIu
12.8%
4
0. %
50 —
9
63.1
73
.6;
4
1.2%
20..
16.0%
12.0%
— 8.0%
— 4 0%
2001 2002 2003 2004 2005 2006 2007 2008
I Undesignated GF Balance —+ of Budgeted GF Revenue
0 0%
December 9, 2008
- 18 -
CITY COUNCIL BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 58340 (Continued)
FUNDS
Water & Sewer Enterprise Fund
Revenues, Expenses & Changes in Net Assets
for the Years Ended June 30, 2008 and 2007
(in millions)
Total Revenues
Total Expenses
Increase in Net Assets
Total Net Assets— July 1
Total Net Assets — June 30
2008
2007
$ 108.7 $ 100.7
(94.1) (91.4)
14.6
560.9
575.5,
$
9.3
551.6
560.8
FUNDS
Storm Water Enterprise Fund
Revenues, Expenses & Changes in Net Assets
for the Years Ended June 30, 2008 and 2007
(in millions)
2008 2007
Total Revenues $ 22.3 $ 20.3
Total Expenses (14.5) (14.7)
Increase in Net Assets $ 7.8 $ 5.6
Total Net Assets —July 1 210.5 204.9
Total Net. Assets — June 30 $ 218.3
210.5
Water and Sewer Fund
Standard and Poor's AAA Rating
• Competitive Rates
• Strong Debt Service Coverage
• Strong Liquidity
• Low Debt to Plant Ratio
December 9, 2008
-19 -
CITY COUNCIL BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 58340 (Continued)
Mrs. Phillips advised the investment in capital assets is not included in the report, but she will provide a
budgetary report to City Council.
David Hansen, Deputy City Manager, advised the City Staff is building a 10 year plan to depict the
method of improving the fourteen (14) neighborhoods and implement the use of the two cents (2¢) per
year increases during the series of Operating Budget briefings in the Spring.
FUNDS
School Operating Fund- Revenues and Expenses
For the Fiscal Year Ended June 30, 2008
(in millions)
REVENUES
Budget Actual Variance
City $ 341.3 $ 306.0 $ (35.4)
Local 2.7 3.3 0.6
From Commonwealth 352.8 352.7 (0.2)
From Federal Government 14.8 19.9 5.1
Total Revenues $ 711.6 $ 681.7 $ 29.9
EXPENDITURES AND
ENCUMBRANCES $ 726.8. $ 697.1 $ 29.7
*Total Reservation in the General Fund of $33.1 million after reduction for
revenue sharing formula.
FUNDS
Capital Improvement Program
Expenditures Fiscal Year 2008
(in millions)
General Government Projects
School Projects
Water and Sewer Projects
Stormwater Projects
Total Capital Project Expenditures
$
188.0
72.8
22.9
6.8
$ 290.5
December 9, 2008
- 20 -
CITY COUNCIL BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 58340 (Continued)
FUNDS
Capital Improvement Program
Expenditures Fiscal Year 2008
Key Projects
Oceana & Interfacility Traffic Area Conformity & Acquisition
Street Resurfacing and Signalization
Witchduck Road Phase I
The Sandler Center for the Performing Arts
Public Safety Communication Infrastructure Replacement
Virginia Aquarium Exhibit Gallery Renovation
Lynnhaven Parkway Phase IX
Convention Center Replacement
COPS Implementation of Hampton Roads Overlay Regional Interoperability
Network
> Human Resources Payroll System Modernization
First Colonial Road -Phase III Intersection Improvements
- Various Drainage and Utility Projects
DEBT
Outstanding Debt By Purpose
June 30, 2008
Schools,
$300,567,964 ,
26.34%
Water and Sewer,
$127,393,356 ,
11.17%
General
Government,
$675,571,540
59.21%
Storm Water,
$10,611,137,
0.93%
Agriculture:
Reserve
Program,
$26,807,090 ,
2.35%
Total Debt Outstanding $1,140,951,088
December 9, 2008
-21-
CITY COUNCIL BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 58340 (Continued)
FISCAL YEAR 2008-09
Year To Date
Revenues
➢ Several revenues are on a negative trend
➢ Real Estate Taxes due December 5 and June 5
➢ Personal Property Taxes due June 5
➢ Business License Renewal in March
➢ State reductions not done
Expenditures
➢ Well controlled
➢ Favorable compared to three year average
➢ Departmental requirements to return 1.25%
January Evaluations
➢ Key tax revenues
➢ Further actions
FISCAL YEAR 2008-09
100%
▪ 80%
60%
40%
20%
0%
General Fund FY 2008-09 Actual Revenues at November 2008
Compared to Historic Trend
42.26% 45.26%Y
24.70%
22.6°/o
100.00%
10.26=,
2.61%
50.7%
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Month
+ Percent of Three Year Actual Average —X— Percent of FY09 Budget I
December 9, 2008
- 22 -
CITY COUNCIL BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 58340 (Continued)
FISCAL YEAR 2008-09
I
10
8$
2
General Fund FY 2008-09 Actual Expenditures at November
2008 Compared to Historic Trend
100.00%
I/0
84.70%,...---A"...--'.-
I%
7604%
68.75%
,. •-•�"~
60.98%
r ,...
1%
50.89%
43.97%r,,-
x,43.6%
I%
1%
36.VS4
24.3%6.15%
18.5%
'73.57
1%
x16 .76%
+9.04%
1%
Jul Aug Sep Oct Nov Dec Jan
Month
Feb Mar Apr May Jun
Percent of Three Year Actual Average —X— Percent of FY09 Budget
Councilman DeSteph referenced the MSER (MainStreet Economic Recovery) Report 200812
(President -Elect Barack Obama's Economic Stimulus Package) by the United States Conference of
Mayors. The City of Norfolk was referenced, but not Virginia Beach. Councilman DeSteph would be
pleased to forward City Council Members a copy upon request.
Robert Matthias, Assistant City Manager, advised a comprehensive list is being developed. Senator
Warner has advised Virginia Beach is better prepared to come up with "match money" and the City
could receive proportionately more funds with "match" as opposed to `free money':
Patricia Phillips, introduced the Auditors' Opinion on Financial Statements. John Montoro, Partner -
Cherry Bekaert and Holland, provided a brief presentation of the external audit
❖ Unqualified Opinion
❖ Accounting principles generally accepted in the United State of America
❖ Material Transactions and balances
❖ Compliance with laws and regulations material to the financial statements
Required Communications
❖ Our responsibility under generally accepted auditing standards:
❖ We assessed risk that the financial statements may contain a material misstatement,
either intentional or unintentional
❖ We documented and considered internal controls to assist us with our audit approach,
not for the purpose of providing assurance on those controls.
❖ Our responsibility under Government Auditing Standards (The Yellow Book)
• We reviewed and tested the City's compliance with laws and regulations,
noncompliance with which could have a material impact on the financial statements.
❖ We reviewed compliance with applicable laws and regulations identified in the
Specifications for Audit of Counties, Cities and Towns issued by the Auditor of Public
Accounts of the Commonwealth of Virginia
December 9, 2008
- 23 -
CITY COUNCIL BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 58340 (Continued)
Required Communications
(Continued)
d• Our responsibility under OMB A-133
I
❖ We performed procedures in order to express an opinion on the City's compliance with
requirements applicable to major Federal programs. Our opinion was unqualified.
❖ We performed tests of controls to assess the City's ability to detect material
noncompliance with program requirements, not to express an opinion on controls.
• Independence
• In accordance with AICPA Rule 101, and the independence standards contained in
Government Auditing Standards, we were, and continue to be, independent with
respect to the City of Virginia Beach.
❖ Accounting Policies
❖ No new significant policies adopted
❖ No transactions that lacked authoritative consensus
• Estimates
❖ These statements include estimates, including:
❖ Allowance for doubtful accounts
• Depreciation
••• Value of infrastructure assets
❖ Significant Audit Adjustments
❖ There were no significant audit adjustments proposed by us that would indicate a
weakness in the City's reporting process.
❖ There were no misstatements that were not corrected
The City Manager advised the City once had the highest water rates in the region, now Virginia Beach
has the lowest. This is a concrete example of being able to make the tough decision. Once the City
Council increased the water rates prior to the Lake Gaston Pipeline being completed, this decision
resulted in the City's low rates.
In view of the economy, Virginia Beach has done a good job and he expressed appreciation to the City
staff. Although the City is behind 2% in revenues, they were 4% under in expenditures from last year.
December 9, 2008
- 24 -
CITY COUNCIL COMMENTS
4:22 P.M.
ITEM # 58341
Council Lady Henley referenced the items Phase IV Town Center and the Princess Anne Commons
development, were not on this City Council Agenda, as scheduled.
Council Lady Henley requested in these types of public-private partnerships, the management
agreements and the terms be available for public review at least a week prior to being scheduled for a
City Council Session. It is very important that City Council has the full understanding and support of the
public in making such major financial determinations.
December 9, 2008
- 25 -
AGENDA REVIEW SESSION
4:03 P.M.
ITEM # 58342
11. Ordinances to EXEMPT certain organizations from Personal Property Taxes:
n. National Historic Aircraft Foundation
o. Summer Shakes, Inc.
Philip 1 Kellam, Commissioner of the Revenue, advised these applicants do not qual for exemption.
Mr. Kellam noted the National Historic Aircraft Foundation has both business, personal property and a
couple of vehicles. The Ordinance requires a public benefit. This ordinance has the intent to provide a
public benefit; however, in their correspondence, both verbal and written, the National Historic Aircraft
Foundation indicated their activities are all towards building their Foundation and, at this point, they
are not providing any public benefit.
The application of Summer Shakes, Inc. is set up as a non-profit, but also has a for profit" section of
their enterprise, which is an after hours social club. The theatrical operation provides a benefit to the
City by offering Shakespearean theme events at the Oceanfront. However, the social club does not. The
audit of this after hours bar revealed substantial underreporting of business license and trustee taxes.
ITEM # 58343
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
K ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND Section 16-12.7 of the City Code re Certificates to EXEMPT
certain housing units from Rental Inspection Fees
3. Ordinance to ACCEPT a Deed of Dedication from WBM, LLC re access to the
Norfolk Avenue Trail (Shadowlawn)
4. Ordinance to ACCEPT a parcel of land from Assem M. Amin for public access in
the 500 block of South Lynnhaven Road along London Bridge Creek
5. Ordinance to ACQUIRE Parcel 2-A-2, Princess Anne Place, in fee simple, from
Harold C. and Deanna S. Lloyd at Heron Ridge Golf Course
6. Ordinance to ACCEPT permanent drainage easements by property owners on
Goodspeed Road, Princess Anne Hills
7. Ordinance to AUTHORIZE Bids For Lease of property at 3425 Clubhouse Road,
Bow Creek, re cell towers
8. Resolution to AUTHORIZE an annual permit for Special Event Providers of
Emergency Medicine re Private Ambulance Services
9. Resolution to REFER to the Planning Commission for their recommendation the
Northampton Boulevard Corridor Strategic Growth Area Implementation Plan
(Burton Station)
December 9, 2008
- 26 -
AGENDA REVIEW SESSION
ITEM # 58343 (Continued)
10. Ordinances to EXEMPT certain organizations from Real and Personal Property
Taxes:
a. American Cancer Society, South Atlantic Division, Inc.
b. Equi -Kids Therapeutic Riding Program
c. Little Theater of Virginia Beach, Inc.
d. Virginia Beach Events Unlimited, Inc.
11. Ordinances to EXEMPT certain organizations from Personal Property Taxes:
a. American Center for Law and Justice, Inc
b. Battelle Memorial Institute
c. Evelyn 's Wildlife Refuge, Inc.
d. First Landing Foundation
e. Hope for Life Rescue, Inc.
f. Let's Talk, Inc.
g. Rampona Orphans International and Mission Fund
h. Sun Wheelers, Inc.
i. Tidewater Division, Mideast Region, of the National Model Railroad
Association
j. United in Him
k. Virginia Beach Court Appointed Special Advocates, Inc.
1. Virginia Beach, Educational Broadcast Foundation, Inc.
m. Virginia Society for Human Life Educational Fund, Inc. (Tidewater
Chapter)
n. Young Musicians of Virginia, Inc.
o. National Historic Aircraft Foundation
p. Summer Shakes, Inc.
12. Ordinance to APPROPRIATE $132, 000 DEA seized property funds to the
Commonwealth's Attorney re purchase of office equipment
13. Ordinances re SCHOOL funding:
a. APPROPRIATE $33,065,747 from the School Special Revenue Fund re
various Capital Projects
b. APPROPRIATE $679, 448 and substitute funding sources in the FY 2008-09
Capital Budget re School renovations
14. Ordinance to TRANSFER $740,000 re rights-of-way acquisition for the
Southeastern Parkway and Greenbelt Project
Item 11 o.p. National Historic Aircraft Foundation/Summer Shakes, Inc. will be DENIED, BY
CONSENT
Council Lady Wilson will ABSTAIN re Item 14. (Southeastern Parkway and Greenbelt Project)
December 9, 2008
- 27 -
A GENDA REVIEW SESSION
ITEM # 58344
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
2. Application of BUKOLA A. ODUYELU, D.D.S., P.C. for a Change of Zoning
District Classification from R-20 Residential District to Conditional 0-1 Office
District at 2264 London Bridge Road re an office building at SGA 10, South
Oceana Area.
DISTRICT 7 - PRINCESS ANNE
3. Application of 501 22ND STREET, LLC for a Change of Zoning District
Classification from A-12 Apartment District to Conditional RT -3 Resort Tourist
District at 501 22nd Street re a product showroom and office at the Resort Area.
DISTRICT 6 - BEACH
4. Application of AGAPE FULL GOSPEL DELIVERANCE and WORSHIP
CENTER for a Conditional Use Permit re a church and related facilities at
6620 Indian River Road. DISTRICT 2 - KEMPSVILLE
December 9, 2008
- 28 -
ITEM # 58345
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: 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: Princess Anne District
Beach District
Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION at 4:40 P.M.
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf , John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel and Ron A. Villanueva
(Closed Session: 4:40 P.M. - 5:15 P.M.)
(Dinner: 5:15 P.M. - 5:40 P.M.)
(Photos: 5:45 P.M. - 5:55 P.M.)
December 9, 2008
I
- 29 -
FORMAL SESSION
VIRGINL4 BEACH CITY COUNCIL
December 9, 2008
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 9, 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,
James L. Wood and Rosemary Wilson
Council Members Absent:
None
INVOCATION: Rabbi Israel Zoberman
Beth Chaverim Synagogue
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Oberndorf advised this past Thanksgiving Rabbi Zoberman and his entire congregation
celebrated Thanksgiving the night before the actual feast at the Eastern Shore Chapel.
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 identfing 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.
December 9, 2008
- 30 -
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 identfing 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.
December 9, 2008
Item V -E.
CERTIFICATION OF CLOSED SESSION
-31 -
ITEM # 58346
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 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
December 9, 2008
I
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 #58345, Page 28, and in accordance with the provisions of The Virginia
Freedom of Information Act, and,
WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
uth Hodges Fraser, MMC
City Clerk December 9, 2008
Item V -F.1
- 32 -
ITEM # 58347
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of November 25, 2008, and December 2,
2008.
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 Rosemary Wilson , John E. Uhrin, Ron A. Villanueva and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 9, 2008
- 33 -
Item V G. ITEM # 58348
CEREMONIAL RECOGNITION for the Honorable Meyera E. Oberndorf, Mayor — City of Virginia
Beach 1988 — 2008.
Ernestine Middleton, representing the Public Library Board, PRESENTED a Resolution commending
Mayor Oberndorf for her devotion to libraries, books, reading and education.
Council Lady Barbara M Henley speaking for David S. Salmons — Chair, Agricultural Advisory
Commission, PRESENTED the Resolution of the Virginia Beach Agricultural Advisory Commission
recognizing the twenty (20) years of dedicated, untiring and faithful service of Mayor Meyer E.
Oberndorf
Jaynes A. Wood, Chair — Virginia Beach Board of Zoning Appeals, PRESENTED a Resolution
recognizing the Honorable Meyera E. Oberndorf as a faithful defender of the City's physical
environment, a powerful proponent of affordable housing and a spirited advocate of vibrant mixed-use
developments that have also enhanced the quality of life in our community.
Donna S. Morris, Chair — Community Services Board, PRESENTED a Resolution recognizing and
celebrating the career and accomplishments of the Honorable Meyera E. Oberndorf and thanked her for
her leadership, compassion and commitment to making Virginia Beach the "Community for a Lifetime".
Fav Silverman, Human Rights Commission, in the absence of the Reverend William A. Dyson, due to a
death of his Mother, PRESENTED a Resolution to Mayor Meyera E. Oberndorf recognizing her
tremendous support, commitment and dedicated service since 1976. She has continually emphasized the
importance of appreciating the diverse cultures, faiths and ethnicities.
Donald Jellig, Chair — Virginia Beach Development Authority, PRESENTED a Resolution recognizing
Mayor Oberndorf for outstanding contributions. During her tenure, she provided leadership on projects
such as the Town Center of Virginia Beach, the Verizon Virginia Beach Amphitheater, the Sportsplex, the
STIHL and GEICO expansions and numerous other economic development projects. Over $18 -BILLION
in new capital investment for an estimated additional $21 -MILLION in direct real estate taxes each year
to the City's General Fund has been created under her leadership.
Nick Anoia, Chair — Parks and Recreation Commission, PRESENTED a Resolution recognizing and
commending Mayor Meyera E. Oberndorf for her undying commitment and true understanding of the
important role that Parks and Recreation has in making the City of Virginia Beach "A Community for a
Lifetime."
December 9, 2008
- 34 -
Item V -G.1. ITEM # 58348 (Continued)
CEREMONIAL RECOGNITION for the Honorable Meyera E. Oberndorf, Mayor — City of Virginia
Beach 1988 — 2008.
Dr. Carolyn Lincoln, Chair — Social Services Advisory Board, PRESENTED a Resolution recognizing
Manor Oberndorf's years of support. Mayor Oberndorf's support of families with a strong ethical and
moral courage of conviction has been a " beacon of light at the end of the tunnel " for many.
Brian Plumley, Chair — Virginia Beach Wetlands Board, PRESENTED a Resolution recognizing the
dedicated, untiring and faithful service of Mayor Meyera E. Oberndorf. The Mayor and Members of City
Council have supported the efforts of the Board to protect the City's wetlands and beaches from
destruction as well as defend the rights of individuals whose applications have been considered by the
Board and have supported the continued funding of the Virginia Institute of Marine Science which
advocates for the environment before the Board.
Janice Pickrell Anderson, Chair — Virginia Beach Planning Commission, accompanied by
Commissioners: Jay A. Bernas, Katherine K. Katsias, Henry L. Livas, Jr. and Philip L. Russo, Jr.,
PRESENTED a Resolution to Mayor Meyera E. Oberndorf. Under her leadership the City of Virginia
Beach has gained: Preservation of the future vitality of the City with the building of the Lake Gaston
pipeline; strong resolve in protecting and preserving the rural character of the southern portion of our
City; the establishment of a Central Business District, with Town Center giving the City a cultural and
urban flare; and improvements to the Resort Area such as the picturesque Boardwalk and state of the art
Convention Center, making our City a "first class resort" destination.
December 9, 2008
Item V -G.2.
ADD-ON
- 35 -
ITEM # 58349
Upon motion by Councilman Villanueva, seconded by Vice Mayor Jones, City Council ADDED to the
Consent Agenda as Item 15 and 16:
Resolution naming the Central Library: "The Meyera E. Oberndorf
Central Library"
Resolution naming the garden at Red Wing: "The Reba S. McClanan
Fragrance Garden"
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 Rosemary Wilson , John E. Uhrin, Ron A. Villanueva and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
December 9, 2008
- 36 -
None
ItemVG.3.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 58350
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
Resolution naming the Central Library: "The Meyera E. Oberndorf
Central Library"
Resolution naming the garden at Red Wing: "The Reba S. McClanan
Fragrance Garden"
December 9, 2008
- 37 -
Item V -G.2.
PRESENTATION ITEM # 58351
Mayor Oberndorf RECOGNIZED the following Boy Scout in attendance.
Boy Scout Troop 490
Sponsored by:
St. Gregory's the Great Catholic Church
David Cousins — Eagle Scout
Patrick Cousins
Scout Leader
Mayor Oberndorf presented City Seal pins.
December 9, 2008
- 38 -
Item V -G.3.
PRESENTATION ITEM # 58352
Mayor Oberndorf RECOGNIZED the attendance of students from Mrs. Diana Watson 's PRINCESS
ANNE HIGH SCHOOL's Advanced Government Classes.
Angela Fava
International Baccalaureate Program
Gina DeMarco
Advanced Placement Student
Mayor Oberndorf presented the Students City Seal pins.
December 9, 2008
Item V -H.1.
PUBLIC HEARING
- 39 -
ITEM # 58353
Mayor Oberndorf DECLARED A PUBLIC HEARING:
ACQUISITION OF EASEMENTS — Cape Henry Beach
The following registered in OPPOSITION.
I
Darrell Parker, Director — Virginia Coastal Access Now (VCAN), 195 Green Kemp Road,
Phone: 497-2230, registered in OPPOSITION. VCAN supports the City's effort to put an end to
continued questionable claim by a few waterfront property owners that Cape Henry Beach is a private
beach. No beach or waterfront in Virginia Beach or within Virginia's coastal zone is truly private.
RAN expects the City to address public parking needs and/or the creation of additional public parking,
where possible at Cape Henry Beach to provide real public access. Said statement is hereby made a part
of the record.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 9, 2008
Item V -H.2.
PUBLIC HEARING
- 40 -
ITEM # 58354
Mayor Oberndorf DECLARED A PUBLIC HEARING:
RENTAL INSPECTION - Exemption of Fees
There being no registered speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 9, 2008
Item V -H.3.
PUBLIC HEARING
-41 -
ITEM # 58355
Mayor Oberndorf DECLARED A PUBLIC HEARING:•
LEASE OF CITY PROPERTY
2181 AND 2257 Landstown Road
There being no registered speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 9, 2008
Item V -H.4.
PUBLIC HEARING
- 42 -
ITEM # 58356
Mayor Oberndorf DECLARED A PUBLIC HEARING:
REAL and PERSONAL PROPERTY TAX
Proposed Exemptions
Judy Kurtz, Executive Director — Virginia Beach (CASA) Virginia Beach Court Appointed Special
Advocates, Inc. (Item 11.k.), 2245 Haversham Close, expressed appreciation for City Council's
SUPPORT
Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 9, 2008
- 43 -
Item V -K.
ORDINANCES/RESOLUTIONS ITEM # 58357
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in
ONE MOTION Items 1, 3, 4, 5, 6, 7, 8, 9, 10a/b/c/d, 11 a/b/c/d/e/f/h/i/j/k/lm and n, 11 o/p (DENIED),
12, 13a/b, 14, 15 (ADDED) and 16 (ADDED) of the CONSENT AGENDA.
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
Council Lady Wilson ABSTAINED on Item K.14 (Southeastern Parkway and Greenbelt) although not
involved with the property at the present time, she was a few years ago.
December 9, 2008
- 44 -
Item V -K1.
ORDINANCES/RESOLUTIONS ITEM # 58358
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND Section 16-12.7 of the City Code re Certificates
to EXEMPT certain housing units from Rental Inspection Fees
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
December 9, 2008
111
1 AN ORDINANCE TO AMEND SECTION 16-
2 12.7 OF THE CITY CODE REGARDING
3 RENTAL INSPECTION CERTIFICATES TO
4 EXEMPT CERTAIN HOUSING UNITS FROM
5 THE PAYMENT OF RENTAL INSPECTION
6 FEES
7
8 Section Amended:§ 16-12.7
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
13 That Section 16-12.7 of the City Code is hereby amended and reordained to read
14 as follows:
15
16 Sec. 16-12.4. Inspection and certificate required.
17
18 (a) Initial inspection. The code enforcement administrator may, in conjunction with
19 written notification pursuant to section 16-12.3, inspect the dwelling units in the
20 designated rental inspection districts to determine whether the units are used as
21 residential rental property and whether such units are in compliance with the
22 provisions of the Uniform Statewide Building Code that affect the safe, decent
23 and sanitary living conditions for the tenants of such property.
24
25 (b) Periodic inspections. Following the initial inspection of a residential rental
26 dwelling unit, the code enforcement administrator may inspect any residential
27 rental dwelling unit in a rental inspection district that is not otherwise exempted a
28 maximum of once per calendar year.
29
30 (c) Follow-up inspections Upon the initial or periodic inspection of a residential rental
31 dwelling unit, the code enforcement administrator may require the owner of the
32 dwelling unit to submit to such follow-up inspections of the dwelling unit as the
33 code enforcement administrator deems necessary, until such time as the
34 dwelling unit is brought into compliance with the provisions of the Uniform
35 Statewide Building Code that affect the safe, decent and sanitary living
36 conditions for the tenants.
37
38 ....
39
40 Sec. 16-12.7. Issuance of certificate; fees.
41
42 L There shall be a fee of fifty dollars ($50.00) for the initial inspection and one re -
43 inspection on rental dwelling units in rental inspection districts created by city
44 council. If subsequent follow-ups are required, there shall be charged a fee of
45 fifty dollars ($50.00) per dwelling unit for each subsequent unit follow-up. No
1
46 follow-up shall be performed, nor any certificate be issued, until all fees have
47 been paid.
48
49 (b) No fee shall be required for those rental dwelling units participating in the
50 following:
51
52 (1) The HUD Housing Choice Voucher program administered by the City;
53
54 (2) A program that provides ongoing rental subsidies from the City; or
55
56 (3) A program that requires more stringent inspection requirements than
57 those referenced above due to prior funding or requirements imposed by
58 the Department of Housing and Neighborhood Preservation.
59
60
61 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
62 December, 2008.
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- 45 -
Item V -K.2.
ORDINANCES/RESOLUTIONS ITEM # 58359
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to ACQUIRE permanent easements to protect the public's
right for recreation and provide sand replenishment at Cape Henry
Beach by agreement or condemnation
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
December 9, 2008
1 AN ORDINANCE TO PROTECT THE PUBLIC RIGHT
2 TO ENJOY THE BEACH AT CAPE HENRY BY
3 AUTHORIZING ACQUISITION OF PERMANENT
4 BEACH EASEMENTS FOR PUBLIC RECREATION
5 AND FOR SAND REPLENISHMENT AT CAPE
6 HENRY BEACH, EITHER BY AGREEMENT OR
7 CONDEMNATION
8
9 WHEREAS, for many years, the public has enjoyed the right to use the beaches
10 along the Chesapeake Bay at Cape Henry Beach for recreation, and the City has
11 monitored and maintained those beaches for public enjoyment.
12
13 WHEREAS, some properties along Cape Henry are experiencing erosion of the
14 beach both from storm damage and natural erosion, and shore protection is necessary
15 and appropriate to protect the properties along the beach and preserve the ability of the
16 property owners and the public to recreate on Cape Henry Beach;
17
18 WHEREAS, the Army Corps of Engineers has a dredge project in the Lynnhaven
19 Inlet, tentatively scheduled to begin in 2009, and will have dredged sand available for
20 beach replenishment from this dredge project and other similar future dredge projects;
21
22 WHEREAS, the City wishes to enter into an agreement with the Army Corps to
23 utilize the dredged sand along the Cape Henry beaches;
24
25 WHEREAS, there are unresolved issues regarding the title to the sandy beaches
26 along Cape Henry Beach, the rights of the public to recreate and the rights of the City to
27 maintain, monitor and exert control over these beaches;
28
29 WHEREAS, the City Council believes that the City has rights to protect the Cape
30 Henry beaches and preserve them for public recreation, based upon a long history of
31 both public use and the City's maintenance, monitoring and control; however, upon
32 information and belief, private property owners contend there is no public right to
33 recreate or City right to maintain the beaches;
34
35 WHEREAS, the sandy beaches along Cape Henry consist of a variety of real
36 estate interests, with several documented public easements and fee interests, including
37 areas where owners have recently dedicated easements to the City and several areas
38 where private owners claim exclusive ownership interests;
39
40 WHEREAS, the City Council of the City of Virginia Beach believes it is important
41 and necessary that the public interest along Cape Henry Beach be confirmed to be
42 uniform and complete, allowing the public to use the beach for recreation and allowing
43 the City to effectively maintain and protect it;
44
45 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
46 public necessity exists for conclusively establishing the right of the public to recreate on
47 the sandy beaches along Cape Henry Beach and for the construction of a sand
48 replenishment/re-nourishment project to provide shore protection along the Chesapeake
49 Bay and for the for other related public purposes for the preservation of the safety,
50 health, peace, good order, comfort, convenience, and for the welfare of the people in
51 the City of Virginia Beach.
52
53 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
54 VIRGINIA BEACH, VIRGINIA:
55
56 Section 1. That the City Council authorizes the acquisition by purchase or
57 condemnation, pursuant to Sections 15.2-1901, et seq., and Title 25.1 of the Code of
58 Virginia of 1950, as amended, of public beach easements (the "Easements") for public
59 recreation and shore protection as stated above and for other related public purposes
60 for the preservation of the safety, health, peace, good order, comfort, convenience, and
61 for the welfare of the people in the City of Virginia Beach, across the areas of the Cape
62 Henry beaches, to the extent that public easements or property ownership are not
63 already confirmed, such properties being more particularly described on Exhibit A,
64 attached hereto and hereby made a part of this Ordinance. The acquisition plats for the
65 Easements are on file in the Coastal Engineering Division, Department of Public Works,
66 City of Virginia Beach, Virginia.
67
68 Section 2. That the City Manager is hereby authorized to make or cause to be
69 made on behalf of the City of Virginia Beach, to the extent that funds are available, a
70 reasonable offer to the owners or persons having an interest in the property that will be
71 affected by said Easements. If refused, the City Attorney is hereby authorized to
72 institute proceedings to condemn said Easements.
73
74 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day
75 of Da,cervber , 2008.
CA10749
R-1
V:\applications\citylawprod\cycom32\W pdocs\D007\P004\00064285. DOC
PREPARED: 12/1/08
APPROVED AS 0 CONTENT APPROVED AS TO LEGAL
PU
RKS
SUFFICIENCY ANFORM
1‘
CITY ATTORN
Location Map — Cape Henry Beach Easements
EXHIBIT A
A variable -width public recreation easement and co -located construction
easement, with ingress and egress to same, over all areas of the properties
listed below, northward from the seaward toe of the dune or bulkhead:
Property GPIN
Beach Castle Condominium 1580-90-6640
Bay's Edge Condominium 1580-90-0194
Osprey Villas Condominium 1580-90-0040
Poseidon Court Condominium 1489-99-0756
WIR, LLC 1489-89-8912
3232 Page Avenue 1489-89-9629
Lynnhaven Dunes Condominium 1489-89-6716
- 46 -
Item V -K.3.
ORDINANCES/RESOLUTIONS ITEM # 58360
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT a Deed of Dedication from WBM, LLC re access
to the Norfolk Avenue Trail (Shadowlawn)
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
December 9, 2008
1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE
2 OF A DEED OF DEDICATION FOR A SHARED USE
3 PATHWAY EASEMENT ACROSS THE EAST SIDE OF
4 PARCEL 1, SHADOWLAWN NORTH TO ACCESS
5 THE NORFOLK AVENUE TRAIL.
6
7 WHEREAS, WBM, L.L.C., a Virginia limited liability company ("WBM") owns Parcel
8 1, Shadowlawn North, identified as GPIN 2417-84-6359, located on the north side of the
9 City -owned Norfolk Avenue Trail in the Beach District (the "Property");
10
11 WHEREAS, WBM has offered to dedicate to the City of Virginia Beach a 10' wide
12 shared use pathway easement (the "Easement") across the eastern 10' of the Property to
13 access the City -owned Norfolk Avenue Trail;
14
15 WHEREAS, the Department of Parks and Recreation has determined that the
16 Easement is needed for public recreation purposes in connection with the Norfolk Avenue
17 Trail.
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 1. That the City Council authorizes the acceptance of a Deed of
23 Dedication from WBM, L.L.C. to the City of Virginia Beach, pursuant to section 15.2-1800,
24 Code of Virginia (1950), as amended, for a 10' wide shared use pathway easement across
25 the eastern 10' of Parcel 1, Shadownlawn North.
26
27 2. That the City Manager or his designee is authorized to execute all
28 documents that may be necessary or appropriate in connection with accepting the
29 dedication of the Easement, so long as such documents are acceptable to the City
30 Manager and the City Attorney.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
33 December ,2008.
CA -10775
V:\applcations\citylawprod\cycom32\W pdocs\D021T004VX1073007.DOC
R-1
PREPARED: November 25, 2008
APPROVED AS TO CONTENT
Parks and Recreation
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
110 tA W1\4,110\1\1
CITY ATTORNEY
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a) (3)
AND 58.1-811(c) (5) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25.1-418
DEED OF EASEMENT
THIS DEED OF EASEMENT, made this day of , 20 by and between
WBM, LLC, a Virginia limited liability company, hereinafter called the Grantor, party of the first
part, and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, hereinafter called the Grantee, party of the second part.
WITNESSETH:
That for and in consideration of the sum of TEN DOLLARS ($10.00) cash in hand paid, and
other good and valuable considerations, the receipt of which is acknowledged, the Grantor does
hereby sell, assign, transfer, grant and convey, with GENERAL WARRANTY and ENGLISH
COVENANTS OF TITLE, a perpetual, 10 feet wide shared use pathway easement (the "Easement")
to the Grantee, its agents, assigns and successors to construct, reconstruct, alter, operate and maintain
a pathway to the Norfolk Avenue Trail upon and across lands and property of the Grantor, including
the right of ingress and egress to the same, as more particularly described as follows:
ALL THAT certain easement upon and across land situate, lying and being in the
City of Virginia Beach, Virginia, being designated as "10' SHARED USE
PATHWAY EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA
BEACH (1095SF)" as shown on that certain plat entitled "10' SHARED USE
PATHWAY EASEMENT OF PARCEL 1, SHADOWLAWN NORTH TO BE
DEDICATED TO THE CITY OF VIRGINIA BEACH", dated August 15, 2008,
made by Kellam Gerwitz Engineering, Surveying, Planning and attached hereto as
Exhibit A, to which reference is made for a more particular description.
GPIN: 2417-84-6359
Prepared by: Virginia Beach City Attorney's Office
Page 1 of 5
II I
The Grantor by execution of this instrument acknowledges that the plans for the aforesaid
project as they affect its property have been fully explained to the undersigned.
It is agreed between the parties hereto that the Grantee, its agents, assigns and successors shall
have the right to inspect the said Easement and to cut and clean all undergrowth and remove other
obstructions in and along the said Easement or adjacent thereto that may in any way endanger or
interfere with the proper use of the same, and to make use of the adjacent property for ingress and
egress and for other activities necessary to construction, reconstruction, alteration, operation and
maintenance of the said Easement.
The Grantor and its agents, assigns and successors agree that the Grantee shall not be liable
for any maintenance work whatsoever to the areas encompassed in the said Easement except if the
Grantee is required to perform excavation within the said Easement in order to effectuate
maintenance or repair of said Easement. All other maintenance of the area encompassed by the said
Easement shall be done by the Grantor, and the Grantee shall have no duty or liability to perform any
routine maintenance work in the said Easement other than that work which arises out of maintaining
or repairing the said Easement.
The Grantor and its agents, assigns and successors agree that when requested by the Grantee,
it shall remove any fence(s), structure(s), landscaping, vehicle parking or other obstruction within
forty-eight hours of receipt of written notice requesting such removal. Except that in an emergency
or failure to remove after written notice Grantee will remove, or have removed by others, any
impediment to access, maintenance or operation and Grantor agrees it is responsible for replacement
of said fence(s), structure(s), landscaping, vehicle parking or other obstruction at its sole expense.
Page 2 of 5
The Grantor covenants and agrees for it, its assigns and successors, that the consideration
aforementioned shall be in lieu of any and all claims of compensation and damages by reason of the
location, construction, reconstruction, alteration or maintenance of the said Easement.
IN WITNESS WHEREOF, WBM, LLC, a Virginia limited liability company, has caused this
Deed of Easement to be executed pursuant to due authority.
WBM, LLC, a Virginia limited liability company
By: (SEAL)
Name:
Title:
ACKNOWLEDGMENT OF OWNER/DEVELOPER
COMMONWEALTH OF VIRGINIA
CITY OF , to -wit:
I, , a Notary Public in and for the City and State aforesaid, do hereby
certify that for WBM, LLC, whose
name is signed to the foregoing Instrument, has acknowledged the same before me in my City and
State aforesaid. He/She/They is/are personally known to me or has/have produced
identification.
GIVEN under my hand this day of , 20
Notary Public: My Commission Expires:
Notary Registration Number:
Name of Bank or Mortgage Company
By: (SEAL)
Page 3 of 5
II 1
ACKNOWLEDGMENT OF TRUSTEE
COMMONWEALTH OF VIRGINIA
CITY OF , to -wit:
I, , a Notary Public in and for the City and State aforesaid, do hereby
certify that , for Towne Bank, whose
name is signed to the foregoing Instrument, has acknowledged the same before me in my City and
State aforesaid. He/She/They is/are personally known to me or has/have produced
identification.
GIVEN under my hand this day of , 20
Notary Public: My Commission Expires:
Notary Registration Number:
Page 4 of 5
(CITY'S ACKNOWLEDGMENT)
ACCEPTED ON BEHALF OF
THE CITY OF VIRGINIA BEACH:
City Manager or his Designee or City Real Estate Agent
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, , a Notary Public in and for the City and State aforesaid, do
hereby certify that , CITY MANAGER/ AUTHORIZED
DESIGNEE OF THE CITY MANAGER PURSUANT TO § 2-154 OF THE CITY CODE, whose
name is signed to the foregoing agreement, bearing date the day of , 20 ,
has acknowledged the same before me in my City and State aforesaid. He/She is personally known
to me.
GIVEN under my hand this day of , 20
Notary Public: My Commission Expires:
Notary Registration Number:
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Parks and Recreation City Attorney
Page 5 of 5
"A"
EASEMENT TO BE
DEDICATED TO THE
CITY OF VIRGINIA
BEACH
/--
V \ VAR. WIDTH PUBLIC
\ DRAINAGE &
\ IMPOUNDMENT
EASEMEN T
\ (INSTR. # 2006060800008690050)
259.99
249.99'
GRAPHIC SCALE
10 0 5 10 20
40
FEET
1 INCH = 20 FEET
`24‘
10' SHARED USE
PATHWAY EASEMENT
— TO BE DEDICATED
20' PUBLIC TO THE CITY OF
DRAINAGE ESM'T VIRGINIA BEACH
(INSTRUMENT # (1095 SF)
2006060800008690050)
WAW/wcg
SCALE: 1" = 20'
i
256.81'
11.-89'26'15" E 267.08'
CITY OF VIRGINIA BEACH BIKEWAY
(AKA NORFOLK AVENUE TRAIL)
2417-64-9312
PARCEL 1
2417-84-6359
(INSTR. # 2006060800008690050)
AUGUST 15, 2008
\</�
�z
z\
�\��`o
ceo\f,
\(,,\
\cA/1,
X0.27'
05273_exh—bike.dwg
SHEET 1 OF 1
10' SHARED USE PATHWAY EASEMENT OF
Parcel 1, SHADOWLAWN NORTH
TO BE DEDICATED TO
THE CITY OF VIRGINIA BEACH
VIRGINIA BEACH VIRGINIA
ENGINEERING - SURVEYING - PLANNING
500 CENTRAL DRIVE - SUITE 113 - VIRGINIA BEACH, VA 23454
(757) 340-0828 - FAX (757) 340-1603
HS2iWW
- 47 -
Item V -K.4.
ORDINANCES/RESOLUTIONS ITEM # 58361
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT a parcel of land from Assent M. Amin for public
access in the 500 block of South Lynnhaven Road along London Bridge
Creek
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
December 9, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE OF A .85 -
ACRE (+/-) PARCEL OF REAL PROPERTY ON THE 500 BLOCK
OF S. LYNNHAVEN ROAD, VIRGINIA BEACH, VA TO BE
DONATED BY ASSEM M. AMIN
WHEREAS, ASSEM M. AMIN ( "Amin") owns .85 acres (+1-) of property located on
the 500 Block of S. Lynnhaven Road (the "Property") GPIN 1496-17-9943 and more
particularly described on Exhibit A attached hereto;
WHEREAS, Amin has offered to dedicate the Property to the City of Virginia Beach
as a charitable donation;
WHEREAS, the Property is unimproved and has frontage along London Bridge
Creek, a tributary to the Eastern Branch of the Lynnhaven River;
WHEREAS, the City Council finds that accepting the Property will further the
recreational needs of the City as a public canoe and kayak launch.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the City Council authorizes the acceptance of the dedication of the
Property (described on Exhibit A) by Assem M. Amin to the City of Virginia Beach by Deed
of Gift, pursuant to section 15.2-1800, Code of Virginia of 1950, as amended.
2. That the City Manager or his designee is authorized to execute all documents
that may be necessary or appropriate in connection with accepting the dedication of the
Property, so long as such documents are acceptable to the City Manager and in a form
deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
December ,2008.
CA10777
PREPARED: November 26, 2008
R-1
V: applications \citylawprod\cycom32 \Wpdocs\D024\P004\00073228.DOC
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY & FORM
CA (
ity Attorney
k 4° .-17-99 A 1
0-
t
A; Holland Plannin Area
'° attilltrl Ile~ti ,TPotential Water Access \
WCPotential Water Accesvf s
— , ` 31
AV
'(!• 1
Virginia Power ROW
(Oppurtunity Area)
I Moroi SwF
•+� #. b
264 tle" t ry ?�
Li*
tine
b
I aro,
dser P.ks•ETt r`ji emery Sc
d • aps .Nest Park 4
Elementary cho
chool r7 RNA
s`1 w�
Lake
*
The LaReVE• rk, t=oter
Park
-Sr„ -
< Holland Elementary
The Lakes Parcel 1
2 Scarbrough Square Sec.
Scarbrough Square Park
rbrough Square Sec 3 Park
Ca 1 Estates p$
am Park
London Creek Bndge
Greenway
lem E
Champ
Salem
Stumpy Lake to Back Bay
Greenway
N
Indian
Chesapeake
0 0.25 0.5
rj5err
�� in
Riv
1
1,5 2
Miles
1
Legend
- Recreational Areas
Undeveloped Property
Undeveloped City Property
- Public Libraries
Public Schools & Colleges
GOMM Greenways
•* Potential Water Access
LEGAL DESCRIPTION
Exhibit "A"
All that certain lot, piece or parcel of' land, with appurtenances thereunto,
belonging, lying, situated and being in Lynnhaven Borough of the City of Virginia
Beach, Virginia, and bounded and described as follows:
BEGINNING at a point on the Western side of South Lynnhaven Road (30 foot
right-of-way) in the western right-of-way of said road at a point where it intersects the
middle of London Bridge Creek at Cox's Bridge and the line dividing the property
herein described from that of Princess Anne Plaza, Section 21, thence from said point
of beginning South 33 degrees 23' West 207.18 feet to apoint; thence South 14 degrees
13' 34" West 146 49 feet to a point; thence South 3 degrees 18' 48" East 53 39 feet to
a point; thence North 57 degrees 49' 30" East 307 00 feet to the western right-of-way
of South Lynnhaven Road; thence along the western right-of-way of South Lynnhaven
Road the following. courses and distances to the point of beginning: North 21 degrees
01' 45" West 99.54 feet to a point; thence along a curve to the left having a radius of
243.12 feet an arc distance of 121.36 feet to a point; thence North 49 degrees 37' 45"
West 1.3..78 feet to the point of BEGINNING, as shown on and delineated on Plat of
Survey dated June 1, 1966 and R.B. Riddick, C.L. S , Certificated Nos.. 743 and 70.
LESS AND EXCEPT that portion of property conveyed to the City of Virginia
Beach, Virginia, by Deed dated September 4, 1974 and recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1447, at
page 316.
IT BEING the same property conveyed to Ralph 1. Nahra, by Deed dated
February 19, 1979, from Union Oil Company of California, and recorded in the
aforementioned Clerk's Office in Deed Book 1882, at page 265.
-48 -
Item V -K.5.
ORDINANCES/RESOLUTIONS ITEM # 58362
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACQUIRE Parcel 2-A-2, Princess Anne Place, in fee
simple, from Harold C. and Deanna S. Lloyd at Heron Ridge Golf
Course
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
December 9, 2008
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FROM HAROLD C. LLOYD
3 AND DEANNA S. LLOYD ADJACENT TO HERON RIDGE
4 GOLF COURSE
5
6 WHEREAS, Harold C. Lloyd and Deanna S. Lloyd (the "Lloyds") are the owners
7 of that certain lot, tract or parcel of land located in the City of Virginia Beach (the "City")
8 and generally known as 2805 County Place GPIN 2403-74-4871; and
9
10 WHEREAS, the City is the owner of property adjacent to the Lloyds' property,
11 being generally known as the Heron Ridge Golf Course • GPIN 2403-45-8591 (the "Golf
12 Course"); and
13
14 WHEREAS, when the Golf Course was constructed, the developer inadvertently
15 installed golf course -related improvements upon the Lloyds' property; and
16
17 WHEREAS, the Lloyds have approached the City and voluntarily offered to sell
18 the affected portion (5,240 sq. ft.) (hereinafter, "Parcel 2-A-2") of their property to the
19 City for the sum of $3,000; and
20
21 WHEREAS, the City Council of Virginia Beach desires to acquire Parcel 2-A-2
22 rather than relocate the golf course improvements.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 Section 1. That the City Council authorizes the acquisition of all that certain real
28 property in fee simple, being designated and described as "PARCEL 2-A-2 AREA:
29 5,240 SQ. FT. = 0.12030 ACRE GPIN 2403-74-1881 NOT A BUILDING SITE", as
30 shown on the plat entitled "SUBDIVISION OF LOT 2-A, PRINCESS ANNE PLACE FOR
31 HAROLD C. & DEANNA S. LLOYD (D.B. 2879 P. 769, D.B. 4106 P.986, M.B. 278, P.
32 19) VIRGINIA BEACH, VIRGINIA" attached hereto as Exhibit A.
33
34 Section 2. The City Manager or his authorized designee is hereby authorized
35 to execute an Agreement of Sale for the purchase of Parcel 2-A-2 pursuant to the
36 Summary of Terms attached hereto as Exhibit B and such other terms, conditions or
37 modifications as may be acceptable to the City Manager and in a form deemed
38 satisfactory by the City Attorney.
39
40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
41 December , 20
CA10776
PREPARED: 11/24/08
R-1
V:\applications\citylawprod\cycom32\W pdocs\D024\P004\00073188. DOC
APPROVED AS TO CONTENT
D, PIJB IC WORKS/REAL ESTATE
APPROVED AS TO LEGAL SUFFICIENCY
AND FO
'M
I e
CITY ATTO' N Y
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EXHIBIT B
ACQUISITION OF PROPERTY IN FEE SIMPLE
FROM HAROLD C. LLOYD AND DEANNA S. LLOYD
ADJACENT TO HERON RIDGE GOLF COURSE
SUMMARY OF TERMS
SELLERS: Harold C. and Deanna S. Lloyd
BUYER: City of Virginia Beach
PURCHASE PRICE: $3,000
PROPERTY: All that certain piece, lot, tract or parcel of land,
together with improvements thereon, belonging, lying
situated and being in the City of Virginia Beach,
Virginia, designated and described as: "Parcel 2-A-2
Area: 5,240 Sq. Ft. = 0.12030 Acre GPIN 2403-74-
1881 Not a Building Site" on that certain plat entitled,
"Subdivision of Lot 2-A Princess Anne Place for
Harold C. & Deanna S. Lloyd (D.B. 2879 P. 769, D.B.
4106 P. 986, M.B. 278, P. 19) Virginia Beach,
Virginia" dated November 1, 2007 prepared by Survey
Bureau, Engineering Division, Department of Public
Works, City of Virginia Beach, Virginia.
111 f IIII
X:1ProjectslARC Files)Agenda Maps1 Lloyd PropertylAerial ofUoyd.rnxd
- 49 -
Item V -K.6.
ORDINANCES/RESOLUTIONS ITEM # 58363
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT permanent drainage easements by property
owners on Goodspeed Road, Princess Anne Hills
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
December 9, 2008
1 AN ORDINANCE TO AUTHORIZE THE
2 ACCEPTANCE OF DEDICATION OF
3 PERMANENT DRAINAGE EASEMENTS BY
4 PROPERTY OWNERS ON GOODSPEED
5 ROAD IN PRINCESS ANN HILLS PARK,
6 LYNNHAVEN DISTRICT.
7
8 WHEREAS, the City's Public Works Department identified the area located at the
9 west end of Goodspeed Road in the Princess Anne Hills Park section of the City as an
10 area with inadequate drainage;
11
12 WHEREAS, the acquisition of the drainage easements will alleviate the drainage
13 problems along Goodspeed Road;
14
15 WHEREAS, Dennis Kappatos ("Kappatos") owns 497 Goodspeed Road in Princess
16 Anne Hills Park, Lynnhaven District, GPIN 2419-31-9138;
17
18 WHEREAS, Jonathan L. Schreiber and Elizabeth D. Kulas (collectively, "Schreiber")
19 own 500 Goodspeed Road in Princess Anne Hills Park, Lynnhaven District, GPIN 2419-31-
20 6360;
21
22 WHEREAS, Kappatos desires to dedicate a 10' permanent drainage easement
23 along the west side of 497 Goodspeed Road to the City of Virginia Beach (the "City") and
24 Schreiber desires to dedicate a 5' permanent drainage easement along the east side of
25 500 Goodspeed Road (collectively, the "drainage easements") to the City ;
26
27 WHEREAS, Kappatos and Schreiber offered to dedicate to the City the necessary
28 drainage easements along the common boundary of their respective properties to help
29 alleviate the drainage problems along Goodspeed Road;
30
31 WHEREAS, the City Council of the City of Virginia Beach, Virginia is of the opinion
32 that a public necessity exists to improve the drainage along Goodspeed Road.
33
34 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
35 VIRGINIA:
36
37 1. That the City Council authorizes the City Manager to accept drainage
38 easements from property owners on Goodspeed Road by deeds of dedication pursuant to
39 § 15.2-1800 of the Code of Virginia (1950), as amended.
40
41 2. That the City Manager or his designee is further authorized to execute all
42 documents that may be necessary or appropriate in connection with the acceptance of the
43 dedication of the drainage easements, so long as such documents are acceptable to the
44 City Manager and in a form deemed satisfactory by the City Attorney.
45
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
47 December , 2008.
CA -10767
V \applications\citylawprod\cycom32\Wpdocs\D021\P004\00070312. DOC
R-1
November 26, 2008
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Public Works/Real Estate j l ) 02 City Attorn y's Office
EXHIBIT A
LINE DATA CHART
NUMBER
DIRECTION
°:MANCE
DO 09'24' E
N BT 33'16 V
NUMBER
RADIUS
CURVE DATA
ARC LENDER DELTA ANGLE
CHART
CHORD °ERECTION
CHORD LENGTH
TANGENT
50.00
50.00
36.13 41'24'2'
10. 8> 11.32'13'
N61.00'15.5
106'04'22'E
35.35
10.05
'Th. 90
5.05
C3
50.00
36.13 41'24'27'
N61.08.15,
35.35
10.90
GENERAL NOTES:
OUT 2s.4
TORMERLYIONATT ENDLKUEASEIBER
IN n
CAN 24rsnE1E0 \
491 19S
CNN 2419-31-8377
„rs.6 m6
/--10' PERMANENT DRAINAGE EASEMENT TO BE
DEDICATED TO THE CITY OF VIRGINIA BEACH
AREA= 703 SQ. FT.
GOOOSPEED ROAD (50' R�WI
1 M.B. 41 PG. 21
1. THIS PUT ISA RESULT « A TEDD SURM TO OUSTING MDNUMENIS COMBINED
WITH INE COMPINDON 0, DEEDS AND MEP.. SOURCE IS
Pu SHOWN .
P. BASED ON VIRGIN. STATE PUNK COORDINATE SYSTEM, SOUTH
ZONE, IND 1911.991 PHARM COORDINATE VALUES ARE ETPRESSED IN U.S.SURVEY FOOT
1, THIS SURVEY VI. PEwoRMEO WITHOUT THE BENEFIT OFA TITLE REPORT.
4. THIS NAT IS INTENDED TOR DEDICATION PURPOSES ONLY MD DOES NOT CONSTITUTE
A SUBOMSION Of EVA.
APPRO4ED FVR
C. ( 5.4S0 TE 11,71 62
PUB. WORKS, CITY OF VIRGINIA MACK VIRGINIA
,IO2 r,uatg 1 X 003 C DATE x07/7..6
OR C o w
DENNISINST KAPPATOS20042 B
GAIN 2419-31-913B
PART OF LOT 24
WINTIP
50'36'E 3234.19' TO
Net�0, 00' DI SCDf'
al 11
NB
11�
iu0PER mD
ND.24111Pm4avEe M11. ar Pc.2
232.04.
CRYSTAL LAKE
LEGEND
• N IFOUNVI
® PERMANENT DRAINAGE EASEMENT
GRAPHIC SCALE I - 25
0' 25' 50
\-11uN 033
—BULKHEAD CINE PER MB 41,2
wo
LOLAO014 MAP SCALE 1...2640'
PAM Of LOT v
NOW ORFORMERLY
GLENN H GETTIER. IR.
& JUDITH R GETTIER
IN
GNN 112419-41 11211
O ,2N,A N OA
101'21E466',
WAID DD, 111.
No. 00142S
'145 SUR, 0°'
NnT low0NG
RR PERMANENT DRAINAGE EASEMENT
TO ESE DEDICATED TO
THE CITY OF VIRGINIA BEACH
DENNISROM KAPPATOS
4005 02. 200412290206405 M.B. 41 PG. 21
VIRGINIA BEACH, VIRGINIA
4I`tst
B 4B�11�',96
,,.{-
D I�A!rp
•
SURVEY BUREAU • FNGINFOLNG DIVISION
DE,AR1MEM OP MM. WORKS • CITY 04 VIRGINIA BEACH, VIRGINIA
DATE OCT.24,2006 PCP.:,•. IS p0RW:CAW IIFEn BK 1'06 1
HIE: maw ;;' 47
EXHIBIT B
LOT 1S -A
JONATHAN SCHREIBER �
D.
11.7 M0.1003.06001.31
GAIN 111,31-6360
GOODSPEE BIAX R\�
C221—. --CI
5' PERMANENT DRAINAGE EASEMENT
TO BE DEDICATED TO THE
CITY OF VIRGINIA BEACH
AREA= 281 SQ. FT.
(MB. PG. WI
ss
LOT SQA v
Io114
DENIS KMFATOSS
rVl NN M 41 02
I '
CRYSTAL LAKE
INSET SCALE: 1" = 25'
GENERAL NOTES:
THIS PUT A A RESULT OF A FIELD SURVEY To LASTING MONUMENTS COMBwED
WITH THE COMPIUTON OF DREES AND MATS SHOWN HEREON.
3
MERIDIAN SOURCE L5 BASED ON VIRGINIA 41014 PU NE COORDINATE SYSTEM SOUTH
ZONE, NAD 19.1583 MARIA). COORDINATE VALUES ARF MMUS. W U.S. SURVEY FOOT
SURVEY WAS PLRFORME0 WD1roUf 311E SWAMI of A m1F WORT.
4. THIS PUT IS INTENDED OR DEDICATION PURPOSES ONLY AND DOES NOT CONSTITUTE
A SUBDIVISION Of UND
APPROVED f4`G N0.1111.itlYSEr C. .,
wy DIREWORKS. CITY OFnINIA BEACH, VIRGINIA
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SURVEY BUREAU • iNUNEEUNG DNIsgN
DEPARTMENT OF PUBLIC WORKS • CDY OF VIRGINIA BEACH. VIRGINIA
am: OCT. 24,1006 II SCALE:1• . So 11 oRW: D4W 1141D B01'o6' 1
FID: ,^ 47
Prepared by P.W./Eng./Eng. Support Services Bureau 1115108 M.J.S.
- 50 -
Item V -K 7.
ORDINANCES/RESOLUTIONS ITEM # 58364
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE Bids for Lease of property at 3425
Clubhouse Road, Bow Creek, re cell towers
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
December 9, 2008
1 AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF
2 A PORTION OF THE CITY PROPERTY LOCATED AT 3425
3 CLUBHOUSE ROAD (BOW CREEK NEIGHBORHOOD
4 PARK) FOR THE PURPOSE OF CONSTRUCTING,
5 MAINTAINING AND OPERATING WIRELESS
6 TELECOMMUNICATIONS FACILITIES
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That there shall be granted, in the mode prescribed by Article 1, Chapter 21, Title
12 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a
13 lease of property more fully described in the attached document entitled "Antenna Lease
14 Agreement (Bow Creek Neighborhood Park)," City of Virginia Beach, Lessor, and
15 , Lessee," for the purpose of constructing, maintaining and operating
16 wireless telecommunications facilities, including but not limited to antennas, connecting
17 cables and appurtenances and for the construction, maintenance and operation of an
18 accessory building housing equipment to be used in conjunction with the aforesaid
19 facilities.
20
21 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
22 BEACH, VIRGINIA:
23
24 That upon approval of this Ordinance by the City Council, it shall be the duty of the
25 City Clerk to cause to be advertised once per week for two successive weeks, in a
26 newspaper having general circulation in the City, a descriptive notice of the proposed
27 ordinance granting such lease, and in addition the Clerk shall, by such advertisement,
28 invite bids for the privileges and rights proposed to be granted by such ordinance, which
29 bids shall be in writing and shall be delivered to the Mayor, or in the absence of the Mayor,
30 to the Vice -Mayor, in open session at the day and hour specified in such advertisement,
31 which bids shall then be presented to the City Council by the Mayor, or in the absence of
32 the Mayor, by the Vice -Mayor, to be dealt with and acted upon in the manner prescribed by
33 law. Such advertisement shall expressly reserve the right to reject any and all bids, and
34 the successful bidder shall be required to pay all costs of advertising such ordinance in
35 addition to all other sums required under such lease.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
December ,2008.
APPROVED AS TO CONTENT:
CA10951 / R-1 / December 1, 2008
APPROVED AS TO LEGAL SUFFICIENCY:
s -t, P Aei
City`Attorney's Office
- 51 -
Item V K. B.
ORDINANCES/RESOLUTIONS ITEM # 58365
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to AUTHORIZE an annual permit for Special Event
Providers of Emergency Medicine re Private Ambulance 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
December 9, 2008
1 A RESOLUTION TO APPROVE ESTABLISHMENT OF
2 SPECIAL EVENT PROVIDERS OF EMERGENCY
3 MEDICINE SERVICE IN VIRGINIA BEACH AND TO
4 APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING
5 PRIVATE AMBULANCE SERVICES
6
7 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must
8 approve the establishment of an emergency medical service organization in the City of
9 Virginia Beach; and
10
11 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code §
12 10.5-2, any individual or organization that desires to operate an emergency medical
13 services agency or emergency medical services vehicles in Virginia Beach for
14 emergency transport or non -emergency transport purposes must apply for a permit; and
15
16 WHEREAS, this request and application has been recommended for approval by
17 the Virginia Beach Department of Emergency Medical Services; and
18
19 WHEREAS, City Council finds the approval of the request and application is in
20 the best interest of the citizens of Virginia Beach as it will assure continued and
21 adequate emergency services and will preserve, protect and promote the public health,
22 safety and general welfare of the citizens.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 That the request of Special Event Providers of Emergency Medicine for the
28 establishment of it emergency medical service in the City of Virginia Beach, and its
29 application for an annual EMS permit for providing private EMS ambulance services in
30 the City of Virginia Beach is hereby approved and granted, effective immediately.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day
of December , 2008.
APPROVED AS TO CONTENT:
Emergency Medical Services
CA10953
R-2
December 3, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Of frr
- 52 -
Item V -K9.
ORDINANCES/RESOLUTIONS ITEM # 58366
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to REFER to the Planning Commission for their
recommendation the Northampton Boulevard Corridor Strategic
Growth Area Implementation Plan (Burton Station)
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
December 9, 2008
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION THE NORTHAMPTON BOULEVARD
3 CORRIDOR STRATEGIC GROWTH AREA
4 IMPLEMENTATION PLAN, NOVEMBER 2008 FOR
5 CONSIDERATION AND RECOMMENDATION
6 WHEREAS, the public convenience, general welfare and good zoning practice so
7 require;
8 WHEREAS, the Planning Department briefed City Council in regard to the
9 Northampton Boulevard Corridor Strategic Growth Area Implementation Plan on
10 December 2, 2008 and presented an action plan for the Northampton Boulevard
11 corridor which is attached; and
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15
16 That the Northampton Boulevard Corridor Strategic Growth Area Implementation
17 Plan, November 2008 is hereby referred to the Planning Commission for its
18 consideration and recommendation.
19
20 Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 9th day of December , 2008.
APPROVED AS TO CONTENT:
x'114
Plannin•,Department
CA10947
R-1
November 25, 2008
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
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- 53 -
Item V K.10.
ORDINANCES/RESOLUTIONS ITEM # 58367
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to EXEMPT certain organizations from Real and Personal Property Taxes:
a. American Cancer Society, South Atlantic Division, Inc.
b. Equi -Kids Therapeutic Riding Program
c. Little Theater of Virginia Beach, Inc.
d. Virginia Beach Events Unlimited, 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
December 9, 2008
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: American Cancer Society, South Atlantic Division Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
The American Cancer Society is the nationwide community-based voluntary health
organization dedicated to eliminating cancer as a major health problem by preventing
cancer, saving lives, and diminishing suffering from cancer, through research, education,
advocacy, and service.
From cancer prevention to diagnosis, treatment and survivorship, the Society offers
information, day-to-day help, and emotional support, all at no cost, for cancer patients,
their family members and caregivers.
TAX IMPACT:
Business Property Tax Totaling
Real Property
Total
RELEVANT INFORMATION:
$4174.59
$18123.96
$22298.55
Additional information is available at http://www.cancerhealthforums.org/about.htm
1 AN ORDINANCE TO DESIGNATE AMERICAN
2 CANCER SOCIETY, SOUTH ATLANTIC DIVISION,
3 INC. AS BEING EXEMPT FROM LOCAL REAL AND
4 PERSONAL PROPERTY TAXATION
5
6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
8 granting an exemption from local property taxes to American Cancer Society, South
9 Atlantic Division, Inc.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
15 American Cancer Society, South Atlantic Division, Inc. as a charitable organization within
16 the context of § 6(a)(6) of Article X of the Constitution of Virginia.
17
18 2. That real and personal property owned by American Cancer Society, South
19 Atlantic Division, Inc. located within the City of Virginia Beach that is used exclusively for
20 charitable purposes on a nonprofit basis is hereby exempt from local property taxation.
21
22 3. This exemption is contingent on the following:
23
24 (a) continued use of the property by American Cancer Society, South Atlantic
25 Division, Inc. for exclusively charitable purposes;
26
27 (b) that each July 1, American Cancer Society, South Atlantic Division, Inc. shall
28 file with the Commissioner of the Revenue a copy of its most recent federal
29 income tax return, or, if no such return is required, it shall certify its
30 continuing tax exempt status to the Commissioner of the Revenue;
31
32 (c) that every three years, beginning on July 1, 2011, American Cancer Society,
33 South Atlantic Division, Inc. shall file an exemption application with the
34 Commissioner of the Revenue as a requirement for retention of the exempt
35 status of the property; and
36
37 (d) that American Cancer Society, South Atlantic Division, Inc. cooperate fully
38 with the Commissioner of the Revenue with respect to audit of its financial
39 records, compliance with the terms of this ordinance.
40
41 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
December , 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA10942
R-1
November 24, 2008
i
2
APPROVED AS TO LEGAL
SUFFICIENCY:
ity ey's Office
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Equi -Kids Therapeutic Riding Program
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provide equine assisted activities for persons with mental, physical and emotional
disabilities. The programs are designed to increase strength and coordination, self esteem
and social interaction.
TAX IMPACT:
Real Estate Taxes Totaling $ 8,176.44, Vehicle Property Tax Totally $877.65, and
Business Property Tax Totally $1,137.10
Total Tax: $10,191.19
RELEVANT INFORMATION:
Additional information is available at www.equikids.org
1 AN ORDINANCE TO DESIGNATE EQUI-KIDS
2 THERAPEUTIC RIDING PROGRAM AS BEING
3 EXEMPT FROM LOCAL REAL AND PERSONAL
4 PROPERTY TAXATION
5
6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
8 granting an exemption from local property taxes to Equi -Kids Therapeutic Riding Program.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Equi -
14 Kids Therapeutic Riding Program as a charitable organization within the context of §
15 6(a)(6) of Article X of the Constitution of Virginia.
16
17 2. That real and personal property owned by Equi -Kids Therapeutic Riding Program
18 located within the City of Virginia Beach that is used exclusively for charitable purposes on
19 a nonprofit basis is hereby exempt from local property taxation.
20
21 3. This exemption is contingent on the following:
22
23 (a) continued use of the property by Equi -Kids Therapeutic Riding Program for
24 exclusively charitable purposes;
25
26 (b) that each July 1, Equi -Kids Therapeutic Riding Program shall file with the
27 Commissioner of the Revenue a copy of its most recent federal income tax
28 return, or, if no such return is required, it shall certify its continuing tax
29 exempt status to the Commissioner of the Revenue;
30
31 (c) that every three years, beginning on July 1, 2011, Equi -Kids Therapeutic
32 Riding Program shall file an exemption application with the Commissioner of
33 the Revenue as a requirement for retention of the exempt status of the
34 property; and
35
36 (d) that Equi -Kids Therapeutic Riding Program cooperate fully with the
37 Commissioner of the Revenue with respect to audit of its financial records,
38 compliance with the terms of this ordinance.
39
40 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
O r mbPr , 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co mission r
CA10921
R-1
November 18, 2008
e Revenue
2
APPROVED AS TO LEGAL
SUFFICIENCY:
ity Attor ey's Office
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Little Theatre of Virginia Beach, Incorporated
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
The Little Theatre of Virginia Beach is one the city's oldest continually operating
community theatre, it is operated by an all -volunteer staff, and the non-profit organization
provides the community with five plays a year at affordable prices, showcasing the best
in local talent. The organization fosters educational recreation for adults and children in
the Allied Arts of the Theater. They provide anyone interested in the theater the
opportunity to volunteer and learn all aspects of theater production.
TAX IMPACT:
Business Property Tax Totaling
Real Property
Total
RELEVANT INFORMATION:
$1426.84
$3624.98
$5051.82
Additional information is available at http://ltvb.com/
1 AN ORDINANCE TO DESIGNATE LITTLE THEATER
2 OF VIRGINIA BEACH, INC. AS BEING EXEMPT
3 FROM LOCAL REAL AND PERSONAL PROPERTY
4 TAXATION
5
6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
8 granting an exemption from local property taxes to Little Theater of Virginia Beach, Inc.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Little
14 Theater of Virginia Beach, Inc. as a charitable organization within the context of § 6(a)(6) of
15 Article X of the Constitution of Virginia.
16
17 2. That real and personal property owned by Little Theater of Virginia Beach, Inc.
18 located within the City of Virginia Beach that is used exclusively for charitable purposes on
19 a nonprofit basis is hereby exempt from local property taxation.
20
21 3. This exemption is contingent on the following:
22
23 (a) continued use of the property Little Theater of Virginia Beach, Inc. for
24 exclusively charitable purposes;
25
26 (b) that each July 1, Little Theater of Virginia Beach, Inc. shall file with the
27 Commissioner of the Revenue a copy of its most recent federal income tax
28 return, or, if no such return is required, it shall certify its continuing tax
29 exempt status to the Commissioner of the Revenue;
30
31 (c) that every three years, beginning on July 1, 2011, Little Theater of Virginia
32 Beach, Inc. shall file an exemption application with the Commissioner of the
33 Revenue as a requirement for retention of the exempt status of the property;
34 and
35
36 (d) that Little Theater of Virginia Beach, Inc. cooperate fully with the
37 Commissioner of the Revenue with respect to audit of its financial records,
38 compliance with the terms of this ordinance.
39
40 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
December, 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co Revenue
mission r o
CA10944
R-1
November 24, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Virginia Beach Events Unlimited, Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
The Virginia Beach Events Unlimited, Inc. was organized as a nonstick corporation under
the Virginia Nonstock Corporation Act for charitable, scientific, and educational
purposes. The organization is exempt from income taxes under Section 501c(3) of the
Internal Revenue Code.
It was founded to promote and foster civic pride and unity; to nurture the ideals of
citizenship; and to develop citizen leaders. The organization is the umbrella corporation,
which directs the activity of the annual Virginia Beach Neptune Festival. The festival
showcases the City of Virginia Beach to local attendees and visitors from many other
states.
TAX IMPACT:
Business Property Tax Totaling $2,222.63
Real Property $5,486.86
Vehicle $41.63
Total $7,751.12
RELEVANT INFORMATION:
Additional information is available at http://www.neptunefestival.com/
1 AN ORDINANCE TO DESIGNATE VIRGINIA BEACH
2 EVENTS UNLIMITED, INC. AS BEING EXEMPT FROM
3 LOCAL REAL AND PERSONAL PROPERTY
4 TAXATION
5
6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
8 granting an exemption from local property taxes to Virginia Beach Events Unlimited, Inc.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
14 Virginia Beach Events Unlimited, Inc. as a charitable organization within the context of §
15 6(a)(6) of Article X of the Constitution of Virginia.
16
17 2. That real and personal property owned by Virginia Beach Events Unlimited, Inc.
18 located within the City of Virginia Beach that is used exclusively for charitable purposes on
19 a nonprofit basis is hereby exempt from local property taxation.
20
21 3. This exemption is contingent on the following:
22
23 (a) continued use of the property Virginia Beach Events Unlimited, Inc. for
24 exclusively charitable purposes;
25
26 (b) that each July 1, Virginia Beach Events Unlimited, Inc. shall file with the
27 Commissioner of the Revenue a copy of its most recent federal income tax
28 return, or, if no such return is required, it shall certify its continuing tax
29 exempt status to the Commissioner of the Revenue;
30
31 (c) that every three years, beginning on July 1, 2011, Virginia Beach Events
32 Unlimited, Inc. shall file an exemption application with the Commissioner of
33 the Revenue as a requirement for retention of the exempt status of the
34 property; and
35
36 (d) that Virginia Beach Events Unlimited, Inc. cooperate fully with the
37 Commissioner of the Revenue with respect to audit of its financial records,
38 compliance with the terms of this ordinance.
39
40 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the gth_ day of
DPcPmhpr, 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
mission r o
Co Revenue
CA10946
R-1
November 24, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
/"/
ity Attorne s O ice
- 54 -
Item V -K. I I a -n
ORDINANCES/RESOLUTIONS ITEM # 58368
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to EXEMPT certain organizations from Personal Property Taxes:
a. American Center for Law and Justice, Inc
b. Battelle Memorial Institute
c. Evelyn 's Wildlife Refuge, Inc.
d. First Landing Foundation
e. Hope for Life Rescue, Inc.
f Let's Talk, Inc.
g. Rampona Orphans International and Mission Fund
h. Sun Wheelers, Inc.
i. Tidewater Division, Mideast Region, of the National Model Railroad Association
j. United in Him
k. Virginia Beach Court Appointed Special Advocates, Inc.
1. Virginia Beach, Educational Broadcast Foundation, Inc.
m. Virginia Society for Human Life Educational Fund, Inc. (Tidewater Chapter)
n. Young Musicians of Virginia, 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
December 9, 2008
I
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: American Center for Law & Justice Inc. (ACLJ)
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
The American Center for Law and Justice (ACLJ) is committed to ensuring the ongoing
viability of freedom and liberty in the United States and around the world. By focusing
on U.S. constitutional law, European Union law and human rights law, the ACLJ is
dedicated to the concept that freedom and liberty are universal, God-given and
inalienable rights that must be protected. The ACLJ engages in litigation, provide legal
services, render advice to individuals and governmental agencies, as well as counsel
clients on global freedom and liberty issues. The ACLJ also supports training law
students from around the world in order to protect religious liberty and safeguard human
rights and dignity. The ACLJ does not charge for its services.
TAX IMPACT:
Business Property Tax Totaling $4937.98
RELEVANT INFORMATION:
Additional information is available at http://www.aclj.org/
1 AN ORDINANCE TO DESIGNATE AMERICAN
2 CENTER FOR LAW AND JUSTICE INC. AS BEING
3 EXEMPT FROM LOCAL PERSONAL PROPERTY
4 TAXATION
5
6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
8 granting an exemption from local property taxes to American Center for Law and Justice,
9 Inc.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
15 American Center for Law and Justice, Inc. as a charitable organization within the context of
16 § 6(a)(6) of Article X of the Constitution of Virginia.
17
18 2. That personal property owned by American Center for Law and Justice, Inc.
19 located within the City of Virginia Beach that is used exclusively for charitable purposes on
20 a nonprofit basis is hereby exempt from local property taxation.
21
22 3. This exemption is contingent on the following:
23
24 (a) continued use of the property by American Center for Law and Justice, Inc.
25 for exclusively charitable purposes;
26
27 (b) that each July 1, American Center for Law and Justice, Inc. shall file with the
28 Commissioner of the Revenue a copy of its most recent federal income tax
29 return, or, if no such return is required, it shall certify its continuing tax
30 exempt status to the Commissioner of the Revenue;
31
32 (c) that every three years, beginning on July 1, 2011, American Center for Law
33 and Justice, Inc. shall file an exemption application with the Commissioner of
34 the Revenue as a requirement for retention of the exempt status of the
35 property; and
36
37 (d) that American Center for Law and Justice, Inc. cooperate fully with the
38 Commissioner of the Revenue with respect to audit of its financial records,
39 compliance with the terms of this ordinance.
40
41 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ath day of
December, 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co missio -r 'i a Revenue
CA10943
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Battelle Memorial Institute
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Operate five of the U.S. Department of Energy's National Laboratories. In additional to
the work for the Department of Energy they carry out substantial scientific research
programs for other federal, state and local government agencies.
TAX IMPACT:
Business Property Tax Totaling $626.42
RELEVANT INFORMATION:
The personal property located in Virginia Beach is used to reduce the burden of
government by supporting national security and national defense. Additional information
is available at www.battelle.org
1 AN ORDINANCE TO DESIGNATE BATTELLE
2 MEMORIAL INSTITUTE AS BEING EXEMPT FROM
3 LOCAL PERSONAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local property taxes to Battelle Memorial Institute.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
13 Battelle Memorial Institute as a charitable organization within the context of § 6(a)(6) of
14 Article X of the Constitution of Virginia.
15
16 2. That personal property owned by Battelle Memorial Institute located within the
17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis
18 is hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Battelle Memorial Institute for exclusively
23 charitable purposes;
24
25 (b) that each July 1, Battelle Memorial Institute shall file with the Commissioner
26 of the Revenue a copy of its most recent federal income tax return, or, if no
27 such return is required, it shall certify its continuing tax exempt status to the
28 Commissioner of the Revenue;
29
30 (c) that every three years, beginning on July 1, 2011, Battelle Memorial Institute
31 shall file an exemption application with the Commissioner of the Revenue as
32 a requirement for retention of the exempt status of the property; and
33
34 (d) that Battelle Memorial Institute cooperate fully with the Commissioner of the
35 Revenue with respect to audit of its financial records, compliance with the
36 terms of this ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
December, 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co moi- Revenue
mission r
s
o
CA10920
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Evelyn's Wildlife Refuge Inc
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Offers a place where wildlife can be rehabilitated and treated for injury or illness. The
organization offers educational programs for schools, civic leagues and other
organizations interested in learning about our wildlife. They also offer a mentorship
program for high school students.
TAX IMPACT:
Business Property Taxes Totaling $19.91
RELEVANT INFORMATION:
Additional information is available at www.evelynswildliferefuge.org
1 AN ORDINANCE TO DESIGNATE EVELYN'S
2 WILDLIFE REFUGE, INC. AS BEING EXEMPT FROM
3 LOCAL PERSONAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local property taxes to Evelyn's Wildlife Refuge, Inc.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
13 Evelyn's Wildlife Refuge, Inc. as a charitable organization within the context of § 6(a)(6) of
14 Article X of the Constitution of Virginia.
15
16 2. That personal property owned by Evelyn's Wildlife Refuge, Inc. located within the
17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis
18 is hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Evelyn's Wildlife Refuge, Inc. for exclusively
23 charitable purposes;
24
25 (b)that each July 1, Evelyn's Wildlife Refuge, Inc. shall file with the
26 Commissioner of the Revenue a copy of its most recent federal income tax
27 return, or, if no such return is required, it shall certify its continuing tax
28 exempt status to the Commissioner of the Revenue;
29
30 (c) that every three years, beginning on July 1, 2011, Evelyn's Wildlife Refuge,
31 Inc. shall file an exemption application with the Commissioner of the
32 Revenue as a requirement for retention of the exempt status of the property;
33 and
34
35 (d) that Evelyn's Wildlife Refuge, Inc. cooperate fully with the Commissioner of
36 the Revenue with respect to audit of its financial records, compliance with the
37 terms of this ordinance.
38
39 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th_ day of
Decembei2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co ission o
CA10922
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: First Landing Foundation
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Historical reenactment of the first landing at Cape Henry, they have built a replica of the
first village established in Virginia for the public to tour. The focus is for this
organization to educate children and the general public for years to come.
TAX IMPACT:
Vehicle: $550.38 and Business Property tax of $10,452.84
Totaling: $11,003.22
RELEVANT INFORMATION:
The foundation operates from a location on Fort Story. Additional information is
available at www.firstlandingfoundation.com
1 AN ORDINANCE TO DESIGNATE FIRST LANDING
2 FOUNDATION AS BEING EXEMPT FROM LOCAL
3 PERSONAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local property taxes to First Landing Foundation.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates First
13 Landing Foundation as a charitable organization within the context of § 6(a)(6) of Article X
14 of the Constitution of Virginia.
15
16 2. That personal property owned by First Landing Foundation located within the
17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis
18 is hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by First Landing Foundation for exclusively
23 charitable purposes;
24
25 (b) that each July 1, First Landing Foundation shall file with the Commissioner of
26 the Revenue a copy of its most recent federal income tax return, or, if no
27 such return is required, it shall certify its continuing tax exempt status to the
28 Commissioner of the Revenue;
29
30 (c) that every three years, beginning on July 1, 2011, First Landing Foundation
31 shall file an exemption application with the Commissioner of the Revenue as
32 a requirement for retention of the exempt status of the property; and
33
34 (d) that First Landing Foundation cooperate fully with the Commissioner of the
35 Revenue with respect to audit of its financial records, compliance with the
36 terms of this ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
December , 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA10923
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
ity Atto s Office
II I
OVERVIEW OF NOROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Hope for Life Rescue Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The rescue and placement of
abandoned companion animals. All animals are vetted, spayed and neutered prior to
placement. Life Rescue is housed in a 1600 square foot urban sanctuary.
TAX IMPACT:
2008 tax impact is $1,602.34, this is all business property tax.
RELEVANT INFORMATION:
Additional information is available at www.hopeforliferescue.com
II I
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Hope for Life Rescue Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The rescue and placement of
abandoned companion animals. All animals are vetted, spayed and neutered prior to
placement. Life Rescue is housed in a 1600 square foot urban sanctuary.
TAX IMPACT:
2008 tax impact is $37.68
RELEVANT INFORMATION:
Additional information is available at www.hopeforliferescue.com
1 AN ORDINANCE TO DESIGNATE HOPE FOR LIFE
2 RESCUE, INC. AS BEING EXEMPT FROM LOCAL
3 PERSONAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local property taxes to Hope for Life Rescue, Inc.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Hope
13 for Life Rescue, Inc. as a charitable organization within the context of § 6(a)(6) of Article X
14 of the Constitution of Virginia.
15
16 2. That personal property owned by Hope for Life Rescue, Inc. located within the
17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis
18 is hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Hope for Life Rescue, Inc. for exclusively
23 charitable purposes;
24
25 (b) that each July 1, Hope for Life Rescue, Inc. shall file with the Commissioner
26 of the Revenue a copy of its most recent federal income tax return, or, if no
27 such return is required, it shall certify its continuing tax exempt status to the
28 Commissioner of the Revenue;
29
30 (c) that every three years, beginning on July 1, 2011, Hope for Life Rescue, Inc.
31 shall file an exemption application with the Commissioner of the Revenue as
32 a requirement for retention of the exempt status of the property; and
33
34 (d) that Hope for Life Rescue, Inc. cooperate fully with the Commissioner of the
35 Revenue with respect to audit of its financial records, compliance with the
36 terms of this ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the9th day of
Dcccmbcr2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
missio r
•
Co e Revenue
CA10924
R-1
November 18, 2008
s
2
APPROVED AS TO LEGAL
SUFFICIENCY:
-C`--------2ity Atto - s Office
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Let's Talk Inc
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
To provide psycho educational counseling life skills, and life coaching to women and
teen girls. They provide counseling, life skill building, and training and literacy
programs.
TAX IMPACT:
Expected impact is $34.00, based on property currently owned.
RELEVANT INFORMATION:
Moved to Virginia Beach in January 2008, no current tax liability. Tax Impact is based
on a listed of current property that was provided. The organization was previously
operated out of a residence in Chesapeake. Additional information is available at
letstalkinc.org
1 AN ORDINANCE TO DESIGNATE LET'S TALK, INC.
2 AS BEING EXEMPT FROM LOCAL PERSONAL
3 PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local property taxes to Let's Talk, Inc.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Let's
13 Talk, Inc. as a charitable organization within the context of § 6(a)(6) of Article X of the
14 Constitution of Virginia.
15
16 2. That personal property owned by Let's Talk, Inc. located within the City of
17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
18 hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Let's Talk, Inc. for exclusively charitable
23 purposes;
24
25 (b) that each July 1, Let's Talk, Inc. shall file with the Commissioner of the
26 Revenue a copy of its most recent federal income tax return, or, if no such
27 return is required, it shall certify its continuing tax exempt status to the
28 Commissioner of the Revenue;
29
30 (c) that every three years, beginning on July 1, 2011, Let's Talk, Inc. shall file an
31 exemption application with the Commissioner of the Revenue as a
32 requirement for retention of the exempt status of the property; and
33
34 (d) that Let's Talk, Inc. cooperate fully with the Commissioner of the Revenue
35 with respect to audit of its financial records, compliance with the terms of this
36 ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
nPc'Pmhpr, 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co •I'- Revenue
mission r
CA10925
R-1
November 18, 2008
i
2
APPROVED AS TO LEGAL
SUFFICIENCY:
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Rampona Orphans International and Mission Fund
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Support orphans in Africa, and other areas in the United States and overseas.
TAX IMPACT:
Business Property Tax Totaling $122.78
RELEVANT INFORMATION:
1 AN ORDINANCE TO DESIGNATE RAMPONA
2 ORPHANS INTERNATIONAL AND MISSION FUND AS
3 BEING EXEMPT FROM LOCAL PERSONAL
4 PROPERTY TAXATION
5
6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
8 granting an exemption from local property taxes to Rampona Orphans International and
9 Mission Fund.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
15 Rampona Orphans International and Mission Fund as a charitable organization within the
16 context of § 6(a)(6) of Article X of the Constitution of Virginia.
17
18 2. That personal property owned by Rampona Orphans International and Mission
19 Fund located within the City of Virginia Beach that is used exclusively for charitable
20 purposes on a nonprofit basis is hereby exempt from local property taxation.
21
22 3. This exemption is contingent on the following:
23
24 (a) continued use of the property by Rampona Orphans International and
25 Mission Fund for exclusively charitable purposes;
26
27 (b) that each July 1, Rampona Orphans International and Mission Fund shall file
28 with the Commissioner of the Revenue a copy of its most recent federal
29 income tax return, or, if no such return is required, it shall certify its
30 continuing tax exempt status to the Commissioner of the Revenue;
31
32 (c) that every three years, beginning on July 1, 2011, Rampona Orphans
33 International and Mission Fund shall file an exemption application with the
34 Commissioner of the Revenue as a requirement for retention of the exempt
35 status of the property; and
36
37 (d) that Rampona Orphans International and Mission Fund cooperate fully with
38 the Commissioner of the Revenue with respect to audit of its financial
39 records, compliance with the terms of this ordinance.
40
41 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
December , 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
At
Corimissionr
CA10927
R-1
November 18, 2008
Revenue
2
APPROVED AS TO LEGAL
SUFFICIENCY:
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Sun Wheelers Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provides adaptive sporting opportunities such as basketball, tennis, snow skiing and
cycling opportunities for physically challenged athletes in Hampton Roads.
TAX IMPACT:
Vehicle Property Tax Totaling $46.53
RELEVANT INFORMATION:
Additional information is available at www.sunwheelers.org
11 I
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Sun Wheelers Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provides adaptive sporting opportunities such as basketball, tennis, snow skiing and
cycling opportunities for physically challenged athletes in Hampton Roads.
TAX IMPACT:
Vehicle Property Tax Totaling $62.05
RELEVANT INFORMATION:
Additional information is available at www.sunwheelers.org
111
1 AN ORDINANCE TO DESIGNATE SUN WHEELERS,
2 INC. AS BEING EXEMPT FROM LOCAL PERSONAL
3 PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local property taxes to Sun Wheelers, Inc.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Sun
13 Wheelers, Inc. as a charitable organization within the context of § 6(a)(6) of Article X of the
14 Constitution of Virginia.
15
16 2. That personal property owned by Sun Wheelers, Inc. located within the City of
17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
18 hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Sun Wheelers, Inc. for exclusively
23 charitable purposes;
24
25 (b) that each July 1, Sun Wheelers, Inc. shall file with the Commissioner of the
26 Revenue a copy of its most recent federal income tax return, or, if no such
27 return is required, it shall certify its continuing tax exempt status to the
28 Commissioner of the Revenue;
29
30 (c) that every three years, beginning on July 1, 2011, Sun Wheelers, Inc. shall
31 file an exemption application with the Commissioner of the Revenue as a
32 requirement for retention of the exempt status of the property; and
33
34 (d) that Sun Wheelers, Inc. cooperate fully with the Commissioner of the
35 Revenue with respect to audit of its financial records, compliance with the
36 terms of this ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
December 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA10929
R-1
November 18, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
ity y's O ice
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Tidewater Division, Mideast Region of the National Model
Railroad Association
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Promote the hobby of model railroading and railroad safety by displaying modular
layouts at schools, retirement homes, and libraries. The organization puts on an annual
train show at the Virginia Beach Convention Center and donates money to "Toys for
Tots".
TAX IMPACT:
Business property tax totaling: $196.83
RELEVANT INFORMATION:
The organization will continue to be responsible for the community event license for the
train show, and admission tax unless admission tax exemption is granted.
Additional information is available at www.nmra-mer-tidewater.org
1 AN ORDINANCE TO DESIGNATE TIDEWATER
2 DIVISION, MIDEAST REGION OF THE NATIONAL
3 MODEL RAILROAD ASSOCIATION AS BEING
4 EXEMPT FROM LOCAL PERSONAL PROPERTY
5 TAXATION
6
7 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
8 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
9 granting an exemption from local property taxes to Tidewater Division, Mideast Region of
10 the National Model Railroad Association.
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14
15 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
16 Tidewater Division, Mideast Region of the National Model Railroad Association as a
17 charitable organization within the context of § 6(a)(6) of Article X of the Constitution of
18 Virginia.
19
20 2. That personal property owned by Tidewater Division, Mideast Region of the
21 National Model Railroad Association located within the City of Virginia Beach that is used
22 exclusively for charitable purposes on a nonprofit basis is hereby exempt from local
23 property taxation.
24
25 3. This exemption is contingent on the following:
26
27 (a) continued use of the property by Tidewater Division, Mideast Region of the
28 National Model Railroad Association for exclusively charitable purposes;
29
30 (b) that each July 1, Tidewater Division, Mideast Region of the National Model
31 Railroad Association shall file with the Commissioner of the Revenue a copy
32 of its most recent federal income tax return, or, if no such return is required, it
33 shall certify its continuing tax exempt status to the Commissioner of the
34 Revenue;
35
36 (c) that every three years, beginning on July 1, 2011, Tidewater Division,
37 Mideast Region of the National Model Railroad Association shall file an
38 exemption application with the Commissioner of the Revenue as a
39 requirement for retention of the exempt status of the property; and
40
41 (d) that Tidewater Division, Mideast Region of the National Model Railroad
42 Association cooperate fully with the Commissioner of the Revenue with
43 respect to audit of its financial records, compliance with the terms of this
44 ordinance.
45
46 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
December 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Comissio e Revenue
CA10930
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: United In Him
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
To unite local churches and Christian organizations to transform inner city communities
through the love of Jesus Christ. The organization provides weekly tutoring for students
in low income housing, transportation to church weekly, distribute food and clothing.
TAX IMPACT:
3 Vehicles totaling: $141.38 Business Property Tax totaling: $36.63
Combined Total: $178.01
RELEVANT INFORMATION:
Additional information is available at www.unitedinhim.org
1 AN ORDINANCE TO DESIGNATE UNITED IN HIM AS
2 BEING EXEMPT FROM LOCAL PERSONAL
3 PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local property taxes to United In Him.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates United
13 In Him as a charitable organization within the context of § 6(a)(6) of Article X of the
14 Constitution of Virginia.
15
16 2. That personal property owned by United In Him located within the City of Virginia
17 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby
18 exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by United In Him for exclusively charitable
23 purposes;
24
25 (b) that each July 1, United In Him shall file with the Commissioner of the
26 Revenue a copy of its most recent federal income tax return, or, if no such
27 return is required, it shall certify its continuing tax exempt status to the
28 Commissioner of the Revenue;
29
30 (c) that every three years, beginning on July 1, 2011, United In Him shall file an
31 exemption application with the Commissioner of the Revenue as a
32 requirement for retention of the exempt status of the property; and
33
34 (d) that United In Him cooperate fully with the Commissioner of the Revenue
35 with respect to audit of its financial records, compliance with the terms of this
36 ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the9th day of
December, 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co ''mission: o Revenue
CA10931
R-1
November 18, 2008
1
2
APPROVED AS TO LEGAL
SUFFICIENCY:
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Virginia Beach Court Appointed Special Advocates Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Virginia Beach Court Appointed Special Advocates (CASA) is a nation wide program
with a local chapter in Virginia Beach, the organization is committed to advocating for
the best interests of children involved in Juvenile and Domestic Relations District Court
process. CASA recruits, trains and supervises competent volunteers dedicated to
advocating for the needs of abused and neglected children in juvenile dependency
proceeding. Their program promotes safe permanent homes for all children and educates
the community concerning the needs of abused and neglected children.
TAX IMPACT:
Business Property Tax Totaling $54.51
RELEVANT INFORMATION:
Additional information is available at http://www.nationalcasa.org/
1 AN ORDINANCE TO DESIGNATE VIRGINIA BEACH
2 COURT APPOINTED SPECIAL ADVOCATE, INC. AS
3 BEING EXEMPT FROM LOCAL PERSONAL
4 PROPERTY TAXATION
5
6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
8 granting an exemption from local property taxes to Virginia Beach Court Appointed Special
9 Advocate, Inc.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
15 Virginia Beach Court Appointed Special Advocate, Inc. as a charitable organization within
16 the context of § 6(a)(6) of Article X of the Constitution of Virginia.
17
18 2. That personal property owned by Virginia Beach Court Appointed Special
19 Advocate, Inc. located within the City of Virginia Beach that is used exclusively for
20 charitable purposes on a nonprofit basis is hereby exempt from local property taxation.
21
22 3. This exemption is contingent on the following:
23
24 (a) continued use of the property by Virginia Beach Court Appointed Special
25 Advocate, Inc. for exclusively charitable purposes;
26
27 (b) that each July 1, Virginia Beach Court Appointed Special Advocate, Inc. shall
28 file with the Commissioner of the Revenue a copy of its most recent federal
29 income tax return, or, if no such return is required, it shall certify its
30 continuing tax exempt status to the Commissioner of the Revenue;
31
32 (c) that every three years, beginning on July 1, 2011, Virginia Beach Court
33 Appointed Special Advocate, Inc. shall file an exemption application with the
34 Commissioner of the Revenue as a requirement for retention of the exempt
35 status of the property; and
36
37 (d) that Virginia Beach Court Appointed Special Advocate, Inc. cooperate fully
38 with the Commissioner of the Revenue with respect to audit of its financial
39 records, compliance with the terms of this ordinance.
40
41 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
npcembPr , 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA10945
R-1
November 24, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: VA Beach Educational Broadcast Foundation Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Play Christian music over FM Radio to the citizens of Tidewater, VA in support of local
churches and other nonprofit organizations. Provide emergency broadcasting of storms
and other events to the public at no cost.
TAX IMPACT:
Vehicle Tax Totaling $107.30 and Business Property Tax Totaling $415.10
Total Tax $522.40
RELEVANT INFORMATION:
Additional information is available at www.currentfm.com
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: VA Beach Educational Broadcast Foundation Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Play Christian music over FM Radio to the citizens of Tidewater, VA in support of local
churches and other nonprofit organizations. Provide emergency broadcasting of storms
and other events to the public at no cost.
TAX IMPACT:
Vehicle Tax Totaling $107.30 and Business Property Tax Totaling $148.13
Total Tax $255.43
RELEVANT INFORMATION:
Additional information is available at www.currentfm.com
II I
1 AN ORDINANCE TO DESIGNATE VIRGINIA BEACH
2 EDUCATIONAL BROADCAST FOUNDATION, INC. AS
3 BEING EXEMPT FROM LOCAL PERSONAL
4 PROPERTY TAXATION
5
6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
8 granting an exemption from local property taxes to Virginia Beach Educational Broadcast
9 Foundation, Inc.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
15 Virginia Beach Educational Broadcast Foundation, Inc. as a charitable organization within
16 the context of § 6(a)(6) of Article X of the Constitution of Virginia.
17
18 2. That personal property owned by Virginia Beach Educational Broadcast
19 Foundation, Inc. located within the City of Virginia Beach that is used exclusively for
20 charitable purposes on a nonprofit basis is hereby exempt from local property taxation.
21
22 3. This exemption is contingent on the following:
23
24 (a) continued use of the property by Virginia Beach Educational Broadcast
25 Foundation, Inc. for exclusively charitable purposes;
26
27 (b) that each July 1, Virginia Beach Educational Broadcast Foundation, Inc. shall
28 file with the Commissioner of the Revenue a copy of its most recent federal
29 income tax return, or, if no such return is required, it shall certify its
30 continuing tax exempt status to the Commissioner of the Revenue;
31
32 (c) that every three years, beginning on July 1, 2011, Virginia Beach Educational
33 Broadcast Foundation, Inc. shall file an exemption application with the
34 Commissioner of the Revenue as a requirement for retention of the exempt
35 status of the property; and
36
37 (d) that Virginia Beach Educational Broadcast Foundation, Inc. cooperate fully
38 with the Commissioner of the Revenue with respect to audit of its financial
39 records, compliance with the terms of this ordinance.
40
41 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
DPcerpb' r , 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA10932
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
//r.
y A : n -y's Office
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Virginia Society for Human Life Educational Fund, Inc
(Tidewater Chapter)
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provide educational instruction on the dignity and sanctity of human life. The
organization speaks and distributes educational materials at schools churches and
community events.
TAX IMPACT:
Business Property Tax Totaling $ .89
RELEVANT INFORMATION:
Additional information is available at www.vshl.org
1 AN ORDINANCE TO DESIGNATE VIRGINIA SOCIETY
2 FOR HUMAN LIFE EDUCATIONAL FUND, INC.
3 (TIDEWATER CHAPTER) AS BEING EXEMPT FROM
4 LOCAL PERSONAL PROPERTY TAXATION
5
6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
8 granting an exemption from local property taxes to Virginia Society for Human Life
9 Educational Fund, Inc. (Tidewater Chapter).
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
15 Virginia Society for Human Life Educational Fund, Inc. (Tidewater Chapter) as a charitable
16 organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia.
17
18 2. That personal property owned by Virginia Society for Human Life Educational
19 Fund, Inc. (Tidewater Chapter) located within the City of Virginia Beach that is used
20 exclusively for charitable purposes on a nonprofit basis is hereby exempt from local
21 property taxation.
22
23 3. This exemption is contingent on the following:
24
25 (a) continued use of the property by Virginia Society for Human Life Educational
26 Fund, Inc. (Tidewater Chapter) for exclusively charitable purposes;
27
28 (b) that each July 1, Virginia Society for Human Life Educational Fund, Inc.
29 (Tidewater Chapter) shall file with the Commissioner of the Revenue a copy
30 of its most recent federal income tax return, or, if no such return is required, it
31 shall certify its continuing tax exempt status to the Commissioner of the
32 Revenue;
33
34 (c) that every three years, beginning on July 1, 2011, Virginia Society for Human
35 Life Educational Fund, Inc. (Tidewater Chapter) shall file an exemption
36 application with the Commissioner of the Revenue as a requirement for
37 retention of the exempt status of the property; and
38
39 (d) that Virginia Society for Human Life Educational Fund, Inc. (Tidewater
40 Chapter) cooperate fully with the Commissioner of the Revenue with respect
41 to audit of its financial records, compliance with the terms of this ordinance.
42
43 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of
December , 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
CA10933
R-1
November 18, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Young Musicians of Virginia Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provide music and academic enrichment classes to home schooled children.
TAX IMPACT:
The tax impact is $454.30, in business property tax.
RELEVANT INFORMATION:
Additional information is available at www.ymv.org
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: Young Musicians of Virginia Inc.
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Provide music and academic enrichment classes to home schooled children.
TAX IMPACT:
The tax impact is $229.22, in business property tax.
RELEVANT INFORMATION:
Additional information is available at www.ymv.org
1 AN ORDINANCE TO DESIGNATE YOUNG
2 MUSICIANS OF VIRGINIA, INC. AS BEING EXEMPT
3 FROM LOCAL PERSONAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local property taxes to Young Musicians of Virginia, Inc.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Young
13 Musicians of Virginia, Inc. as a charitable organization within the context of § 6(a)(6) of
14 Article X of the Constitution of Virginia.
15
16 2. That personal property owned by Young Musicians of Virginia, Inc. located within
17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit
18 basis is hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Young Musicians of Virginia, Inc. for
23 exclusively charitable purposes;
24
25 (b)that each July 1, Young Musicians of Virginia, Inc. shall file with the
26 Commissioner of the Revenue a copy of its most recent federal income tax
27 return, or, if no such return is required, it shall certify its continuing tax
28 exempt status to the Commissioner of the Revenue;
29
30 (c) that every three years, beginning on July 1, 2011, Young Musicians of
31 Virginia, Inc. shall file an exemption application with the Commissioner of the
32 Revenue as a requirement for retention of the exempt status of the property;
33 and
34
35 (d) that Young Musicians of Virginia, Inc. cooperate fully with the Commissioner
36 of the Revenue with respect to audit of its financial records, compliance with
37 the terms of this ordinance.
38
39 4. That the effective date of this exemption shall be January 1, 2009.
Adopted by the Council of the City of Virginia Beach, Virginia, on the moth_ day of
December 2008.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Co 1'- Revenue
mission r o
CA10934
R-1
November 18, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
Z/_
Attf''' 's -Office
I
Philip J. Kellam
Commissioner
November 13, 2008
Commissioner of the Revenue
City Hall
Virginia Beach, VA 23456-9002
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Subject: Initial Report on Applicants for Exemption from Property Taxes
Dear Mayor and Council Members:
VBgov.com/cor
Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation
from personal and real property taxes'. The City Council accepted this authority and ordained a policy utilizing
the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemption.
On May 6, 2008 the City Council revised and re -ordained the process providing for the Commissioner of the
Revenue to review and report to City Council on such applications3.
The Commissioner's Office has received 15 applications in this reporting period. The applicants include:
Battelle Memorial Institute
Equi -Kids Therapeutic Riding Program
Evelyn's Wildlife Refuge Inc
First Landing Foundation
Hope for Life Rescue Inc.
Let's Talk Inc
National Historic Aircraft Foundation
Rampona Orphans International and Mission Fund
Summer Shakes Inc
Sun Wheelers Inc
Tidewater Division, Mideast Region of the National Model Railroad Association
United in Him
Virginia Beach Educational Broadcast Foundation Inc
Virginia Society for Human Life Educational Fund Inc (Tidewater Chapter)
Young Musicians of Virginia Inc
After : eviewing each application and meeting with representatives of the applicants, I can report the following
applicants qualify for exemption from real and personal property taxes:
Equi -Kids Therapeutic Riding Program
rode of Virginia 58.1-3651
2 ()RD -27981
3 ORD -3009K
The following applicants qualify for exemption from personal property taxes:
Battelle Memorial Institute
Evelyn's Wildlife Refuge Inc
First Landing Foundation
Hope for Life Rescue Inc
Let's Talk Inc
Rampona Orphans International and Mission Fund
Sun Wheelers Inc
Tidewater Division, Mideast Region of the National Model Railroad Association
United In Him
Virginia Beach Educational Broadcast Foundation Inc
Virginia Society for Human Life Educational Fund Inc (Tidewater Chapter)
Young Musicians of Virginia Inc
The following applicants for exemption do not qualify for exemption from real or personal property taxes:
National Historic Aircraft Foundation
Summer Shakes Inc
I am available if you have questions or concerns regarding the recommendations.
Sincerely,
Philip J. Kellam
Commissioner of the Revenue
Enclosures
Philip J. Kellam
Commissioner
November 21, 2008
Commissioner of the Revenue
City Hall
Virginia Beach, VA 23456-9002
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Subject: Initial Report on Applicants for Exemption from Property Taxes
Dear Mayor and Council Members:
VBgov.com/cor
Effective January 1, 2003 the General Assembly transferred its sole authority to grant
exemptions by designation from personal and real property taxes'. The City Council accepted
this authority and ordained a policy utilizing the Community Organization Grant Committee
(COG) to administer the review of applicants for tax exemption. On May 6, 2008 the City
Council revised and re -ordained the process providing for the Commissioner of the Revenue to
review and report to City Council on such applications3.
The Commissioner's Office has received 5 applications in this reporting period. The applicants
include:
American Cancer Society, South Atlantic Division Inc.
American Center for Law and Justice Inc. (ACLU)
Little Theatre of Virginia Beach, Incorporated
Virginia Beach Court Appointed Special Advocates Inc.
Virginia Beach Events Unlimited Inc.
After reviewing each application and meeting with representatives of the applicants, I can report the
following applicants qualify for exemption from real and personal property taxes:
American Cancer Society, South Atlantic Division Inc.
Little Theatre of Virginia Beach, Incorporated
Virginia Beach Events Unlimited Inc.
1 Code of Virginia 58.1-3651
2 ORD -2798I
3 ORD -3009K
The following applicants qualify for exemption from personal property taxes:
American Center for Law and Justice Inc. (ACLU)
Virginia Beach Court Appointed Special Advocates Inc.
I am available if you have questions or concerns regarding the recommendations, I would be glad to
address them.
Philip J. Kellam
Commissioner of the Revenue
Enclosures
Gity Council policy
Original Proposal
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004
Dates of Revisions: May 6, 2008
Page
1 of 4
1.0 Purpose and Need
Purpose: To establish criteria for approval of resolutions by City Council to exempt, by
designation, local nonprofit organizations from real and personal property taxes. •
Need City Council has requested guidance as to criteria for considering exemptions as well as a
procedure for reviewing requests for exemption from local property taxes. The Commissioner of
the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort
to streamline the exemption review process for local nonprofit organizations and provide
necessary analysis and oversight of the application process.
Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local
governments may, by designation, exempt the real and personal property of nonprofit
organizations from local property taxes if used exclusively for religious, charitable, patriotic,
historical, benevolent, cultural, or public park and playground purposes. However, as provided
in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the
property.
2.0 Policy
The City Council is not required to designate any organization properly applying for exemption
from taxation, and every designation of an organization is conditioned upon compliance with the
terms of this policy and any ordinance granting the exemption. If an organization does not
comply with these requirements, the City Council may revoke the tax exemption after providing
notice and a hearing to the organization. Any revocation of an exemption shall be effective at the
beginning of the tax year during which the revocation occurs.
The applicant or a representative of the applicant shall provide the Commissioner of the Revenue
detailed information necessary to determine the benefits to the public that will result from
granting tax exemption. In considering applications, the Commissioner of the Revenue shall
employ the following guidelines:
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004
Dates of Revisions: May 6, 2008
Page 2 of 4
1. The organization must be exempt from federal income tax pursuant to Internal Revenue
Code § 501(c).
2. Personal or real property for which an exemption is sought cannot be used by any member
of the organization or other persons except for non-profit purposes benefiting the non-profit
organization applying for exemption.
3. The organization must be in compliance with all City ordinances and regulations (including
but not limited to building, property maintenance, and zoning codes) and all applicable tax
obligations.
4. The organization must provide a service to the residents of the City that results in a benefit to
the public (tangible or intangible).
The following requirements apply to each entity exempted from local property taxes by the City
Council:
1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year)
its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If
not required to file Form 990 or 990 EZ, then the organization must annually certify on
form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status.
Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and
City Attorney, and is grounds for revocation of tax exempt status.
2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall,
every three years, file an exemption application with the Commissioner of the Revenue as a
requirement for retention of the exempt status of the property. The application form shall be
approved as to form by the City Attorney.
3. Each entity exempted from local property taxes must cooperate fully with the Commissioner
of the Revenue with respect to audit of its financial records, compliance with the terms of this
policy, and compliance with any ordinance granting tax exemption.
3.0 Procedure to Accomplish Policy
1. Organizations applying for exemption must request a determination from the Commissioner
of the Revenue as to whether the organization is or may be tax-exempt by classification,
pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 058.1-3609 et seq.) of Title 58.1 of the
Virginia Code. If the organization is not exempt, but meets the criteria of organizations that
can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004
Dates of Revisions: May 6, 2008
Page 3 of 4
an application from the Commissioner of the Revenue. The application form shall request all
information required by Virginia Code §58.1-3651 and be approved as to form by the City
Attorney.
2. Applications for exemption shall be considered quarterly. Applications for exemption must
be submitted to the Commissioner of the Revenue. Applications shall be submitted no later
than October 1 of the year preceding the effective date of the exemption. Based on the
criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review
each application and make a report to City Council regarding whether an organization
qualifies for exemption under law and City policy. The Commissioner of the Revenue will
not submit applications he deems incomplete to City Council for a determination.
3. The Commissioner of the Revenue shall forward copies of the applications along with his
written findings to the City Attorney. The City Attorney shall prepare the necessary
ordinances for City Council and coordinate with the City Clerk to ensure that the applications
are properly advertised and placed on the City Council's agenda for a public hearing and
formal consideration.
4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia
Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the
Revenue.
5. Any exemptions granted shall be effective as of the next January 1.
6. Exemptions, as well as any departure from these guidelines, shall require approval by three-
fourths (3/4) of the members of City Council.
4.0 Responsibility and Authority
Responsibility for initiating application for exemption and timely providing any information or
application required by the Commissioner of the Revenue shall rest with the organization seeking
exemption. Responsibility for making available information, application for exemption, verifying
submitted tax information and reporting on the initial and continuing status of the taxpayer shall
rest with the Commissioner of the Revenue.
Responsibility for preparing required ordinances, arranging for the advertising of public hearings,
and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with
the City Attorney. Responsibility for the final determination of the public benefits resulting from
tax exemption shall rest exclusively with the City Council.
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004
Dates of Revisions: May 6, 2008
Page 4 of 4
5.0 Definitions
PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether
tangible or intangible, which may accompany the tax exemption.
LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real
estate or tangible personal property.
6.0 Specific Requirements
In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively,
documentation forwarded to the City Council shall include submission of an application form in
form and substance substantially as presented in the attached Exhibit A, as well as any additional
information that the applicant wishes to present to the City Council.
- 55 -
Item V-K.11.o/p
ORDINANCES/RESOLUTIONS ITEM # 58369
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DENIED:
Ordinances to EXEMPT certain organizations from Personal Property Taxes:
o. National Historic Aircraft Foundation
p. Summer Shakes, 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
December 9, 2008
- 56 -
Item V -K.12
ORDINANCES/RESOLUTIONS ITEM # 583 70
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to APPROPRIATE $132,000 DEA seized property funds to
the Commonwealth's Attorney re purchase of office equipment
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
December 9, 2008
1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE
2 OFFICE OF THE COMMONWEALTH'S ATTORNEY
3 FY 2008-09 OPERATING BUDGET FOR THE
4 PURCHASE OF EQUIPMENT
5
6 WHEREAS, the Drug Enforcement Administration (DEA) Seized Property Special
7 Revenue Fund provides law enforcement agencies with monetary resources to assist in
8 accomplishing their mission.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 Estimated revenues from the DEA Seized Property Fund Balance are hereby
14 increased by $132,900
15
16 Appropriations to the Office of the Commonwealth's Attorney's FY 2008-09
17 Operating Budget for the purchase of technology and office upgrades are increased by
18 $132,900.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9th
of December , 2008.
Requires an affirmative vote by a majority of all the members of City Council.
Approved as to Content:
Approved as to Legal
Sufficiency:
Management Services ity
CA10948
R-2
November 24, 2008
ey's Office
day
III I I I I I
- 57 -
Item V-K.13.a/b
ORDINANCES/RESOLUTIONS ITEM # 58371
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to APPROPRIATE $33,065,747 from the School Special
Revenue Fund re various Capital Projects
Ordinance to APPROPRIATE $679, 448 and substitute funding sources
in the FY 2008-09 Capital Budget re School renovations
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
December 9, 2008
1 AN ORDINANCE TO APPROPRIATE FUNDING TO
2 THE SCHOOL OPERATING BUDGET AND
3 PROVIDE ADDITIONAL FUNDING FOR VARIOUS
4 CAPITAL PROJECTS
5
6 WHEREAS, the School System reverted $ 33,065,747 to the City's General Fund
7 per State Law;
8
9 WHEREAS, by formal resolution, the School Board requests the appropriation of
10 this funding to the School Operating and Capital Budgets; and
11
12 WHEREAS, In 2003 the City Council established the School Reserve Special
13 Revenue Fund at the request of the School Board to allow the School System to set
14 aside funding to be in a better position to respond to (1) unexpected shortfalls in state or
15 federal revenues, (2) emergency expenditures of a non-recurring nature, or (3) other
16 fiscal emergencies. Use of funds from this reserve requires a resolution stating the
17 purpose of the expenditures and the total amount to be expended to be adopted by a
18 two-thirds majority of the School Board and an appropriation ordinance to be adopted
19 by the City Council.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA, THAT:
23
24 Funding is appropriated as follows:
25
26 1. $ 24,798,747 to the School Reserve Special Revenue Fund (# 98) for
27 unexpected shortfalls in state or federal revenues or other non-recurring
28 expenses;
29
30 2. $ 1,570,693 to the Instructional Category for instructional equipment, supplies,
31 staff training, and school allocations in support of student achievement; and
32
33 3. $ 774,775 to the Pupil Transportation Category for bus replacements.
34
35 4. $ 1,015,307 to the School Technology Fund (#106) for purchase of new
36 instructional related technology equipment and software;
37
38 5. $ 763,500 to the School Technology Fund (#108) for replacement of outdated
39 computers;
40
41 6. $ 392,725 to the Equipment Replacement Fund (#107) for replacing copiers and
42 printers;
43
44 7. $ 250,000 to the Cafeteria Fund (#114) for the replacement of old equipment;
45 and
II I
46
47 8. $ 3,500,000 to the School's Capital Budget for:
48
49 a) $ 1,750,000 for capital project #1-195 Student Data Management;
50
51 b) $1,000,000 for capital project #1-211 School Operating Budget Support;
52
53 c) $ 375,000 for capital project #1-103 Renovations & Replacements — HVAC
54 Systems — Phase II; and
55
56 . d) $ 375,000 for capital project #1-105 Renovations & Replacements — Various
57 — Phase II
58
59 9. Estimated use of General Fund Balance is increased by $33,065,747.
Adopted by the City Council of the City of Virginia Beach on the 9th
December ,2008.
day of
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
ufvu), c)-,
Management Services City Attorney's Offic
CA10893
R-4
November 24, 2008
1 AN ORDINANCE TO SUBSTITUTE FUNDING SOURCES IN
2 THE CITY'S FY 2008-09 CAPITAL BUDGET
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 1. That the funding source of capital project # 1-019 Great Neck Middle School
8 Replacement is adjusted in the following manner:
9 a. funding from lottery funds is reduced by $601,094;
10 b. funding from interest income is increased by $601,094; and
11
12 2. That the funding source of capital project # 1-013 Renovations and
13 Replacement — HVAC Systems — Phase II is adjusted in the following manner:
14 a. funding from state construction funds is reduced by $78,354;
15 b. funding from interest income is increased by $78,354.
16
Adopted by the Council of the City of Virginia Beach, Virginia, on the qth day of
December ' 2008.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
Management Services
CA10941
R-3
November 26, 2008
APPROVED AS TO LEGAL SUFFICIENCY:
City Attor y' Office
- 58 -
Item V -K.14.
ORDINANCES/RESOLUTIONS ITEM # 58372
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to TRANSFER $740,000 re rights-of-way acquisition for the
Southeastern Parkway and Greenbelt Project
Voting: 10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Rosemary Wilson
Council Members Absent:
None
Council Lady Wilson ABSTAINED on Item K.14 (Southeastern Parkway and Greenbelt) although not
involved with the property at the present time; she was a few years ago.
December 9, 2008
1 AN ORDINANCE TO TRANSFER FUNDS TO THE
2 SOUTHEASTERN PARKWAY & GREENBELT PROJECT
3 (CIP 2-089)
4
5 WHEREAS, the Southeastern Parkway & Greenbelt Project (CIP 2-089) needs
6 an additional $740,000 to allow the purchase of rights-of-way, with funding available
7 from the Various Site Acquisitions Project (CIP 3-368).
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 That $740,000 is transferred from the Various Site Acquisitions Project (CIP 3-
13 368) to the Southeastern Parkway & Greenbelt Project (CIP 2-089).
Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day
of December , 2008.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Management Services City Attorney's Offic
CA10950
R-3
November 26, 2008
- 59 -
Item V -KIS.
ORDINANCES/RESOLUTIONS ITEM # 583 73
ADDED
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution naming the Central Library: "The Meyera E. Oberndorf Central Library"
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
December 9, 2008
Requested by Vice -Mayor Jones and Councilmembers DeSteph, Diezel, Dyer, Henley,
McClanan, Uhrin, Villanueva, Wilson and Wood
1 A RESOLUTION NAMING THE VIRGINIA BEACH
2 CENTRAL LIBRARY AS "THE MEYERA E.
3 OBERNDORF CENTRAL LIBRARY"
4
5 WHEREAS, Mayor Meyera E. Oberndorf began her public career with her
6 appointment to the City's Public Library Board in 1966 and served as chair of the board
7 until her election to the City Council in 1976;
8
9 WHEREAS, Mayor Oberndorf was the first woman elected to public office in the
10 more than three hundred -year history of Virginia Beach and Princess Anne County;
11
12 WHEREAS, Mayor Oberndorf served as an at -large member of City Council, and
13 in 1986, she was chosen by her fellow council members to be vice mayor;
14
15 WHEREAS, in 1988, she became the City's first directly elected mayor, as well
16 as Virginia Beach's first female mayor, and she has continuously served in that
17 capacity;
18
19 WHEREAS, Mayor Oberndorf is Virginia Beach's longest -serving mayor;
20
21 WHEREAS, Mayor Oberndorf has represented the City on the executive
22 committee of the United States Conference of Mayors, as past president of the Virginia
23 Municipal League, as vice chair of the National League of Cities International Task
24 Force, and as past chair of the Hampton Roads Mayors and Chairs and the Hampton
25 Roads Planning District Commission;
26
27 WHEREAS, Mayor Oberndorf was chosen as "Newsmaker of the Year" by the
28 Virginia Press Women and was named one of the nation's twenty-five most dynamic
29 mayors by Newsweek magazine; and
30
31 WHEREAS, for more than four decades, Mayor Oberndorf has selflessly given of
32 her time and talents to further the best interests of our City and our citizens;
33
34 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
35 VIRGINIA BEACH, VIRGINIA:
36
37 That the Virginia Beach Central Library located at 4100 Virginia Beach
38 Boulevard, is hereby renamed, and shall henceforth be known as, "The Meyera E.
39 Oberndorf Central Library."
40
41 Adopted by the City Council of the City of Virginia Beach, Virginia, this 9th
42 day of December , 2008.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Officfr—
CA10940
R-3
December 8, 2008
- 60 -
Item V -K 16.
ORDINANCES/RESOLUTIONS ITEM # 58374
ADDED
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution naming the garden at Red Wing: "The Reba S. McClanan Fragrance Garden"
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
December 9, 2008
Requested by Mayor Oberndorf, Vice -Mayor Jones, and Councilmembers DeSteph,
Diezel, Dyer, Henley, Uhrin, Villanueva, Wilson and Wood
1 A RESOLUTION NAMING THE FRAGRANCE GARDEN AT
2 RED WING PARK AS "THE REBA S. McCLANAN
3 FRAGRANCE GARDEN"
4
5 WHEREAS, Councilmember Reba S. McClanan has served six terms on City
6 Council since 1980, including a two-year term in which she was elected by her fellow
7 councilmembers to also serve as Vice Mayor;
8
9 WHEREAS, Councilmember McClanan is a past president of the Virginia Beach
10 Council of Civic Organizations, the Friends of the Frances Land House, and the Virginia
11 Beach Friends of the Library,
12
13 WHEREAS, Councilmember McClanan also served as the chair of both the
14 Hampton Roads Planning District Commission and the Southeastern Planning District
15 Commission;
16
17 WHEREAS, Councilmember McClanan's contributions to her community has
18 been recognized through numerous awards, including the Virginia Beach Human Rights
19 Award, the NAACP Image Award for Community Service, the "Most Valuable Person
20 Award" from the Princess Anne Plaza Civic League, and the Toastmasters District 66
21 Award for Leadership in Public Service;
22
23 WHEREAS, Councilmember McClanan's dedication to the beautification of our
24 City is unsurpassed, and her efforts include service as past president of the Virginia
25 Beach Council of Garden Clubs and the Virginia Urban Forest Council, her role as a
26 founder of the Virginia Beach Clean Community Commission, and her current service
27 on the Virginia Beach Beautification Commission;
28
29 WHEREAS, the Fragrance Garden at Red Wing Park was created in 1972 as a
30 project of the Virginia Beach Council of Garden Clubs to provide a public garden for
31 sight -impaired individuals, and it contains beautiful plant materials selected for the
32 fragrance of the foliage or blossom; and
33
34 WHEREAS, naming the garden for Councilmember McClanan would recognize
35 her contributions to the City over many decades and would highlight her unfaltering
36 dedication to the beautification of our City.
37
38 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
39 VIRGINIA BEACH, VIRGINIA:
40
41 That the Fragrance Garden at Red Wing Park is hereby renamed, and shall
42 henceforth be known as, "The Reba S. McClanan Fragrance Garden."
43
44 Adopted by the City Council of the City of Virginia Beach, Virginia, this Ninth
45 day of nPcember , 2008.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's O ce
CA10959
R-1
December 8, 2008
-61 -
V—L. PLANNING ITEM # 58375
1. MILITARY AVIATIN MUSEUM MODIFICATION AND ADDITION
OF CONDITIONS (Approved January
9, 2007)
2. BUKOLA A. ODUYELU, D.D.S.P. C. CONDITIONAL CHANGE OF ZONING
3. 501 22ND STREET, LLC CONDITIONAL CHANGE OF ZONING
4. AGAPE FULL GOSPEL DELIVERANCE AND CONDITIONAL USE PERMIT
WORSHIP
December 9, 2008
- 62 -
Item V -L
PLANNING ITEM # 58376
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in
ONE MOTION Items 3 and 4 of the PLANNING BY CONSENT AGENDA.
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
December 9, 2008
Item V -L1
PLANNING
The following registered in SUPPORT:
- 63 -
ITEM # 58377
Attorney R. E. Bourdon, Pembroke Office Park, Building 1, 281 Independence Boulevard, Phone: 499-
8971, represented the applicant and advised this application is a modification of conditions. The
currently requested modification to the existing Conditional Use Permit proposes an expansion to the
museum for five (5) additional structures, with parking and an expansion to the parking lot. Each of the
planes are inspected annually the Federal Aviation Administration, the Federal Aviation Administration,
which is a meticulous process. Training Services Inc. actually owns title to the planes and provides them
to the Museum. Twelve (12) aviation mechanics are employed full time to maintain these vintage aircraft.
Mr. Bourdon distributed AMENDED Condition No. 2, which is hereby made a part of the record.
Lawrence J. Teator, 2956 Heron Ridge Drive, Phone: 426-1722, Volunteer with the Military Aviation
Museum
Jimmy Capps, local Innkeeper, Board of Directors — Virginia Beach Hotel/Motel Association, brought
endorsement of the Virginia Beach-Hotel/Motel Association for this proposal. Said correspondence of
December 5, 2008, is herby made a part of the record.
Robert Powell, 5344 Reasor Court, Phone: 523-6648, spent twenty (20) years in the Navy flying
Airplanes and then joined the airline for seventeen (17) years. Mr. Powell is a published author
of aviation history.
Raymond Stevens, Norfolk, Virginia, Phone; 619-6490, has been the banner operator on the property
since 1985
Edward Boyer, 1280 Laskin Road #401, Phone: 437-1170, represented a non-profit charitable
Organization, "Air Compassion for Veterans ", which is operated by Mercy Medical Airlift. Once a
year a special event is held at this Museum facility.
Jaynes B. Dodson, 103 Caribbean Avenue, Phone: 428-1822, former Military Liaison for 14 years and
still active member of the Mayor's Veterans Committee
The following registered in OPPOSTION
Attorney Kevin Martingale, 429 North Main Street, Suffolk, Phone: 935-9065, represented Mike and
Jane Cullipher — adjacent residents. Attorney Martingale requested denial or imposition of certain
restrictions which will protect the Cullipher 's and other neighbors residing in close proximity. Attorney
Martingayle cited specific restrictions in the event that any additional buildings or uses of the property
are to be permitted. Said correspondence is hereby made a part of the record.
Louis Cullipher, 1449 Princess Anne Road, Phone: 426-2212
Michael Cullipher, 2088 Jarvis Road, Phone: 721-6446
Jane Cullipher, 2088 Jarvis Road, Phone: 721-6446Attorney Barry Koch, 757 Lynnhaven Parkway, Suite
200, Phone: 486-7055, represented Kathy Bateman
Attorney Barry Koch, 575 Lynnhaven Parkway, Suite 200, Phone: 486-7055, represented Kathy Bateman
Robert Arbuckle, 2092 Jarvis Road, Phone: 689-8755
December 9, 2008
-64 -
Item V -Ll
PLANNING ITEM # 58378 (Continued)
Council Lady Henley advised the basis of this airport application is a Conditional Use Permit approved
in 1969. The plan presented at the time of this adoption was never constructed. However, over the years,
the grass strip was allowed, first seasonally for crop dusting and then later for the Banner Plane. On the
basis of this utilization, the airport was determined to be vested. Council Lady Henley's concern is
relative safety issues. The Museum and Airport are related. Council Lady Henley has been reviewing the
website of the Military Aviation Museum. The Museum incorporates flying. This is a small airport in the
middle of a residential area. Council Lady Henley requested a condition re "All applicable regulations of
the Federal Aviation Administration, including but not limited to regulations pertaining to pilot
licensure/certification and aircraft maintenance, are incorporated as conditions of this conditional use
permit." Council Lady Henley also hoped that the condition be agreed to "All fights (that are part of
events sponsored by the museum or that are made in connection with maintenance activities) shall comply
with City Code Sections 23-4 and 23-5. Council Lady Henley read this code into the record.
Attorney Bourdon agreed to be in complete compliance with all FAA flight regulations. However,
provisions within the code stipulated are not consistent with FAA guidelines.
Council Lady Henley WITHDREW her motion to approve this item as the applicant would not comply
with the proposed conditions.
A MOTION was made buy Councilman DeSteph, seconded by Councilman Wood, to ADOPT an
Ordinance upon application of MILITARY AVIATION MUSEUM for Modification and Addition of
Conditions (approved by City Council on January 9, 2007) with the conditions contained in the City
Council Agenda.
Councilman DeSteph AMENDED his motion to include the following condition:
Museum and Training Services, Inc. employees who maintain the
vintage aircraft displayed at the Museum shall number no more than
eighteen (18) persons on duty at any given time. There shall be no limit
to the number of Volunteers
Councilman Wood ACCEPTED the Amendment.
The City Attorney advised that the condition was not clarified and therefore requested a Substitute
Motion:
Upon SUBSTITUTE MOTION by Council Lady Wilson seconded by Councilman Dyer, City Council
ADOPTED an Ordinance upon application of MILITARY AVIATION MUSEUM for Modification and
Addition of Conditions (approved by City Council on January 9, 2007):
ORDINANCE UPON APPLICATION OF MILITARY AVIATION
MUSEUM MODIFICATION OF CONDITIONS, REQUEST
APPROVED BY CITY COUNCIL ON JANUARY 9, 2007, 1341
PRINCESS ANNE ROAD, DISTRICT 7 - PRINCESS ANNE DISTRICT
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MILITARY AVIATION MUSEUM
Modification of Conditions, request approved by City Council 1 on
January 9, 2007, 1341 Princess Anne Road DISTRICT 7 — PRINCESS
ANNE
December 9, 2008
-65 -
Item V -L1
PLANNING ITEM # 58378 (Continued)
AS MODIFIED, with ADDED Conditions:
The following conditions shall be required:
1. The operating hours for the Museum shall be 9:00 AM through 5:00 PM, seven days a week,
except during the Summer months when the Museum will cease operating at dusk
2. Museum and Training Services, Inc. employees who maintain the vintage aircraft displayed
at the Museum shall number no more than eighteen (18) persons on duty at any given time.
There shall be no limit to the number of Volunteers.
3. There shall be no outdoor amplified sound or music audible at the property line associated
with the Museum or special events.
4. Health Department review and approval for a Sewage Disposal System Construction Permit
or any other permit as deemed necessary by the Health Department shall be obtained prior to
approval of the final site plan.
5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach,
December 2002, shall be installed along the eastern boundary line of the future parking lot
expansion and shall be installed along the entire length in an effort to screen any vehicles
from view of the right-of-way.
6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road.
7. The existing runway shall remain in a grassed natural condition and shall not be paved.
8. The additional buildings shown on the submitted plan shall be used only for museum -related
purposes.
9. A landscaped buffer shall be installed along the northern boundary of this property. The
Director of Planning shall review the proposed plant species and size to be installed along
the boundary. No plants shall be installed until approval has been obtained from the
Director of Planning.
Voting: 9-2
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Barbara M. Henley and Reba S. McClanan
Council Members Absent:
None
December 9, 2008
- 66 -
Item V L1
PLANNING ITEM # 58378 (Continued)
Attorney Bourdon referenced a problem: The condition re the runway, which is contained in the Court
Order stipulates a grassed runway. This condition was not modified in the Substitute Motion.
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council RECONSIDERED
Ordinance upon application of MILITARY AVIATION MUSEUM for Modification and Addition of
Conditions (approved by City Council on January 9, 2007
Voting: 9-2
Council Members Voting Aye.
William R. "Bill" DeSteph, 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:
Barbara M. Henley and Reba S. McClanan
Council Members Absent:
None
l Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED an
Ordinance upon application of MILITARY AVIATION MUSEUM for Modification and Addition of
Conditions (approved by City Council on January 9, 2007):
ORDINANCE UPON APPLICATION OF MILITARY AVIATION
MUSEUM MODIFICATION OF CONDITIONS, REQUEST
APPROVED BY CITY COUNCIL ON JANUARY 9, 2007, 1341
PRINCESS ANNE ROAD, DISTRICT 7 - PRINCESS ANNE DISTRICT
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MILITARY AVIATION MUSEUM
Modification of Conditions, request approved by City Council 1 on
January 9, 2007, 1341 Princess Anne Road DISTRICT 7 — PRINCESS
ANNE
December 9, 2008
Item V -LI
PLANNING
- 67 -
ITEM # 58378 (Continued)
The following conditions shall be required:
1. The operating hours for the Museum shall be 9:00 AM through 5:00 PM, seven days a
week, except during the Summer months when the Museum will cease operating at dusk
2. Museum and Training Services, Inc. employees who maintain the vintage aircraft
displayed at the Museum shall number no more than eighteen (18) persons on duty at any
given time. There shall be no limit to the number of Volunteers.
3. There shall be no outdoor amplified sound or music audible at the property line
associated with the Museum or special events.
4. Health Department review and approval for a Sewage Disposal System Construction
Permit or any other permit as deemed necessary by the Health Department shall be
obtained prior to approval of the final site plan.
5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach,
December 2002, shall be installed along the eastern boundary line of the future parking
lot expansion and shall be installed along the entire length in an effort to screen any
vehicles from view of the right-of-way.
6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road.
7. The existing runway shall remain in a grassed nerktred condition and shall not be paved.
8. The additional buildings shown on the submitted plan shall be used only for museum -
related purposes.
9. A landscaped buffer shall be installed along the northern boundary of this property. The
Director of Planning shall review the proposed plant species and size to be installed
along the boundary. No plants shall be installed until approval has been obtained from
the Director of Planning.
This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of December Two Thousand
Eight
Voting: 9-2
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Barbara M. Henley and Reba S. McClanan
Council Members Absent:
None
December 9, 2008
- 68 -
Item V -L.2.
PLANNING ITEM # 58379
Council Lady Henley wished the opposition of Mr. and Mrs. Highsinger, adjacent residents, be made a
part of the record. Attorney Bourdon agreed to speak with them and relay the changes and buffers which
will be in place, as well as the fact the footprint of the building will be decreased, as well as the parking
area.
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of BUKOLA A. ODUYELU, D.D.S., P.C. for a Change of Zoning District
Classification from R-20 Residential District to Conditional 0-1 Office District.
ORDINANCE UPON APPLICATION OF BUKOLA A. OD UYEL U,
D.D.S., P.C. CHANGE OF ZONING DISTRICT CLASSIFICATION, R-
20 RESIDENTIAL DISTRICT TO CONDITIONAL 0-1 OFFICE
DISTRICT. DISTRICT 7 — PRINCESS ANNE ZO12081217
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of BUKOLA A. ODUYELU, D.D.S., P.C.
Change of Zoning District Classification, R-20 Residential District to
Conditional 0-1 Office District, 2264 London Bridge Road. DISTRICT 7
- PRINCESS ANNE DISTRICT
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107 q) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of December Two Thousand
Eight
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
December 9, 2008
Ski
AI
PREPARED BY:
SYK£S, BOURDON,
Ai-I{RN & LEVY, P.C.
0
BUKOLA A. ODUYELU, D.D.S., P.C.
BARBARA ANN HYMAN and JACQULON E. GREEN, Co -Executrixes of the ESTATE OF
NANNIE OWENS
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 19th day of June, 2008, by and between BUKOLA A.
ODUYELU, D.D.S., P.C., party of the first part, Grantor; BARBARA ANN HYMAN and
JACQULON E. GREEN, Co -Executrixes of the ESTATE OF NANNIE OWENS, party of the
second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the party of the second part is the owner of a certain parcel of property
located in the Princess Anne District of the City of Virginia Beach, containing
approximately 1.40 acres which is more particularly described in Exhibit "A" attached
hereto and incorporated herein by this reference. Said parcel is herein referred to as the
"Property"; and
WHEREAS, the party of the first part has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so
as to change the Zoning Classification of the Property from R -2o Residential District to
Conditional O-1 Office District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the Grantor's proposed rezoning, certain
reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to resolve
the situation to which the Grantor's rezoning application gives
GPIN: 2405-60-4857 2008 DEQ
1
1 lIIIl 111 11111 111111111
20081215001412870 Pg.
City o Virginia Beach
12/15/2008 11:11.54 AM AGMT
Tina E. Sinnen, Clerk
S B
A l
PREPARED BY:
SYKES. BOURDON.
AHERN & LEVY. P.C.
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map with respect to the Property, the following reasonable conditions related to
the physical development, operation, and use of the Property to be adopted as a part of
said amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the following declaration of conditions and restrictions which
shall restrict and govern the physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown
on the exhibit entitled "CONCEPT PLAN, PROPOSED MEDICAL OFFICE FOR DR.
BUKOLA A. ODUYELU, DDS, PC", prepared by Gallup Surveyors & Engineers, Ltd., dated
June 19, 2o08, which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning (hereinafter "Site Plan").
2. When the building designated "Proposed Medical Office Bldg." on the Site
Plan is developed, its exterior appearance shall be substantially similar in architectural
features and details as the building depicted on the exhibit entitled "Proposed Medical
Office For: Pediatric Dentistry Bukola A. Oduyelu, DDS, P.C. London Bridge Road Virginia
Beach, Virginia", which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning (hereinafter "Rendering"). The exterior
building materials depicted on the rendering are stone, masonry (brick), dryvit and
architectural shingles.
3. When the building designated "Proposed Office Bldg." on the Site Plan is
developed, it shall be primarily residential in scale and substantially similar in appearance
with similar architectural features and building materials as the "Proposed Medical Office
Building". Architectural elevations and building material samples shall be submitted to
SB
AL
PREPARED BY:
SYKES. BOURDON.
AHIERN & LEVY. P.C.
0 F;
the Director of Planning or his designee for review and approval prior to issuance of a
building permit for the "Proposed Office Bldg.".
4. The Grantors will agree to grant an appropriate ingress/egress easement to
serve the adjoining property designated "N/F WALTER & DOROTHY I. O'NEAL" (N/F
O'NEAL") on the Site Nan, from the entrance drive aisle along the west side of the
Property, subject to said property being rezoned and redeveloped for an office use and the
owners of the "N/F O'NEAL" property executing a reasonable shared maintenance
agreement with the Grantors which reflects a reasonable sharing of construction and
maintenance costs for the drive aisle and associated improvements, including landscaping.
5. All outdoor lighting other than building mounted lights shall not be elevated
more than four feet (4') above ground level. All outdoor lighting shall be shielded,
deflected, shaded and focused to direct light down onto the premises and away from
adjoining property.
6. When the Property is developed, that portion of the landscape buffer
depicted and described on the "Site Plan" to "Provide Double Row Leyland Cypress and 2'
High Berm" may be modified and adjusted in the area where there are existing mature
trees in order to preserve the existing trees and supplement them with additional,
appropriate landscape screening.
7. Any freestanding sign shall be monument style, no greater than six feet (6')
in height with a base matching the material on the exterior of the Office Building.
8. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City codes by all cognizant City agencies and
departments to meet all applicable City code requirements.
All references hereinabove to 0-1 District and to the requirements and regulations
applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this
Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
3
I
S u
Al
PREPARED BY,
SYK£S. BOURDON.
AII£RN & LEVY. P.C.
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the names of the Grantors and the Grantee.
B
Al
PREPARED BY:
SYKES, BOURDON.
AHERN & LEVY. P.C.
WITNESS the following signature and seal:
Grantor:
Bukola A. Oduyelu, D.D.S., P.C.
By: — (SEAL)
Bukola A. Oduyelu, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this 20th day of June,
2008, by Bukola A. Oduyelo, President of Bukola A. Oduyelu, D.D.S., P.C., a Virginia
professional corporation, Grantor.
7)1
Notary Public
My Commission Expires: August 31 , 2010
Notary Registration No.: 192628
Ski
t3
PREPARED BY:
SYKES, ROURDON.
AIIERN & LEVY. P.C.
C
0
WITNESS the following signature and seal:
Grantor:
Estate of Nannie Owens
By: e,, a v'
Bar ara Ann Hy an, Co -Executrix
STATE OF VIRGIN� bizztL.e.;\
CITY/COUNTY OF1 SLG 1()ICI
I
The foregoing instrument was
2008, by Barbara Ann Hyman, Co -Ex
, to -wit:
acknowledged before me this
trix of t state of Nannie wens, Grantor.
(SEAL)
3d dayv:/
of ,
My Commission Expires: 5 - 3 I -09
Notary Publi
Notary Registration No.: (3)93 -505 -
TINA ..oP ryNDEERGAST
NPublic
Commonwealth of Virginia
Reg. #293525 xl _� j
My Commission Exps..3.—L�-;
I
St 13
AL
PREPARED BY:
SYK S. BOURDON.
AI(FRN & LEVY. P.C.
WITNESS the following signature and seal:
Grantor:
Estate of Nannie Owens
C
lon E1Green', Co -Executrix /
STATE OF VIRGINIA tl ( ,
CITY/COUNTY OF Y u ns K,\ , to -wit:
4+.\ 1_
The foregoing instrument was acknowledged 1 re»a this 0 day of "Amer
2008, by Jacqulon E. Green. Co-Exectrix of the Est rfl./^yvens, Grantor.
sS
�r � X91 < k� (
Notary u lick.
.% F JI B %;,.:' �3 e.•
My Commission Expires:
Notary Registration No.:
/-- 2i-0-611
0-1%Cv1
A`L
PREPARED BY:
SYK£S, BOURDON,
AIIERN & LEVY, P.C.
0
EXHIBIT "A"
All that certain tract, piece or parcel of land, with the improvements thereon, and the
appurtenances thereto belonging, with a right to drain the same through the ditch of
William T. Butt (as conveyed to a former owner of this property by said William T. Butt),
situate and lying on the Nimmo Road, leading to Shipps Schoolhouse, in Seaboard
Borough, City of Virginia Beach, Virginia, bounded and described as follows: On the North
by the land of Ernest M. Owens, on the East by the land of William T. Butt, on the South by
the Public Road leading to Nimmos, and on the West by the land of Ernest M. Owens, said
land being more particularly described, as shown by the unrecorded plat of Joshua G.
Moore, County Surveyor, dated December 21, 1918, viz: Beginning at the Public Road to
Nimmos, and running North 46° 06' East 670.4 feet to a post at the intersection of two
private roads as granted to E. Locker, E. M. Owens, and others, to be used in common as a
right of way out to the public road; thence South 18° 05' West 538.2 feet to Marked Gum,
Reference Tree; thence South 2° 3o' East 18.5 feet to the Public Road to Nimmos; thence
South 88° 40' West 147.2 feet to a station; thence North 76° 35' West 181.8 feet to a
station; thence North 46° 06' East 10.8 feet to post, the place of beginning, containing
1.942 acres.
LESS AND EXCEPT that portion of the property conveyed to Walter J. O'Neal, et ux, by
Deed dated 6-27-66 and recorded in the Office of the Clerk of the Circuit Court of the City
of Virginia Beach, Virginia, in Deed Book 973, at Page 347 as depicted in Map Book 70, at
Page 15; and
LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach,
Virginia, by Deed dated May 9, 1991, and recorded in the afore referenced Clerk's Office in
Deed Book 2999, at Page 220 as depicted in Map Book 208, at Page 67.
GPIN: 2405-60-4857
ConditionalRezone/Oduyelu/Proffer
I
- 69 -
Item V -L.3.
PLANNING ITEM # 58380
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of 501 22ND STREET, LLC for a Change of Zoning District Classification
om A-12 Apartment District to Conditional RT -3 Resort Tourist District at 501 22nd Street re a product
showroom and office at the Resort Area.
ORDINANCE UPON APPLICATION OF 501 22ND STREET, LLC
CHANGE OF ZONING DISTRICT CLASSIFICATION, A-12
APARTMENT DISTRICT TO CONDITIONAL RT -3 RESORT TOURIST
DISTRICT
DISTRICT 6 — BEACH Z01208121
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of 501 22ND STREET, LLC Change of
Zoning District Classification, A-12 Apartment District to Conditional
RT -3 Resort Tourist District, 50122nd Street. DISTRICT 6 - BEACH.
The following conditions shall be required:
1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of December Two Thousand
Eight
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
December 9, 2008
SB
A1L
PREPARED BY:
SYKES. BOURDON,
AIIERN & LEVY. P.C.
501 22ND STREET, LLC, a Virginia limited liability company
MARSHALL G. CANNADY and
ARCHIE T. CANNADY
1111 111111111111111111
200812 5001412880 Pg
City o Virginia Beach
12/15/2008 11:12.51 AM AGMT
Tina E. Sinnen, Clerk
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 29th day of July, 2008, by and between 501 22ND
STREET, LLC, a Virginia limited liability company, party of the first part, Grantor;
MARSHALL G. CANNADY and ARCHIE T. CANNADY, parties of the second part,
Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the parties of the second part are the owners of a certain parcel of
property located in the Beach District of the City of Virginia Beach, containing
approximately 9100 square feet which is more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference. Said parcel is herein referred to
as the "Property"; and
WHEREAS, the party of the first part has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so
as to change the Zoning Classification of the Property from A-12 Apartment District to
Conditional RT -3 Resort Tourist District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the Grantor's proposed rezoning, certain
reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to resolve
the situation to which the Grantor's rezoning application gives rise. y. „
4..g�
GPIN: 2417-98-9672
1
2008 DEC 15 fin 11: 07
S!13
A
PREPARED BY:
SYKES. BOURDON,
AI-IERN & LEVY, P.C.
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map with respect to the Property, the following reasonable conditions related to
the physical development, operation, and use of the Property to be adopted as a part of
said amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the following declaration of conditions and restrictions which
shall restrict and govern the physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in interest or title:
1. When the Property is redeveloped, it shall be improved substantially as
shown on the exhibit entitled "PRELIMINARY SITE PLAN TRINDCO PREMIUM
COUNTERTOPS", prepared by Gallup Surveyors & Engineers, Ltd., dated 7/28/08, which
has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter "Site Plan").
2. When the Property is redeveloped, the "Existing 2 -Story Frame Building"
depicted on the Site Plan shall be retained and converted to a Business Showroom and
Office use. The exterior surfaces of the Building shall be substantially as depicted on the
exhibit entitled "Front Elevation TRINDCO 22ND STREET & BALTIC AVE.", prepared by
Covington Hendrix Anderson, Architects, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning (hereinafter
"Elevation").
3. The land uses permitted on the Property shall be limited to the following
categories as set forth in Section 1531 of the City Zoning Ordinance:
(a) Business studios, offices, clinics and medical laboratories; or
2
II I II II I
5,13
A
PREPARED BY:
SYKES. BOURDON.
AHERN & LtVY, P.C.
(b) Dwellings, single family and duplex, but only in the area east of Parks
Avenue and west of Arctic Avenue on 18th Street, 20th Street, 21st
Street, and 22nd Street, and provided further that such dwellings
should be consistent with the provisions of the Resort Area Design
Guidelines.
No other uses permitted in the RT -3 District shall be permitted on the Property.
4. The parking provided on site as depicted on the Site Plan shall only be
utilized for the business operating on the property including employee parking which shall
be onsite. The parking provided onsite shall not be utilized as a commercial parking lot or
for the benefit of any other property. The property shall not be eligible to utilize the resort
residential parking program for off-site parking.
5. All outdoor lighting shall be shielded, deflected, shaded and focused to
direct light down onto the premises and away from adjoining property.
6. No permanent freestanding sign shall be permitted on the Property.
Building mounted signage shall not contain any lighting and only be lit externally from
ground level.
7. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City codes by all cognizant City agencies and
departments to meet all applicable City code requirements.
All references hereinabove to the RT -3 and A-12 Districts and to the requirements
and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated
herein.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
3
S?ita
A
PREPARED BY:
SYKES, DOURDON.
AIIERN & LEVY. P.C.
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the names of the Grantors and the Grantee.
A L
PREPARED BY:
SYK{S, BOURDON.
AERN & LINY. PC
WITNESS the following signature and seal:
Grantor:
501 22nd Street, LLC,
a Virginia limited liability company
By :LA�:� ����� `� SEAL)
STATE OF /U Q J C1(
-I/COUNTY OF S .tea \ k , to -wit:
The foregoing instrument was acknowledged before me this „day of July,
;c
2008, by 4rt,riaw..—C�� wt P v- Plc r, . ie of 501
22nd Street, LLC, a Virginia limited liability company, Grantor. �1
My Commission Expires:
Notary Registration No.:
Public
THOMAS J. OSBORNE
Notary Public, State of New York
No. 0205481243 0S ebo28,ount �\ 1
Commission Exp
�l3
L
PREPARED BY:
SYKES. IOURDON.
AIIERN & LEVY. P.C.
3
WITNESS the following signature and seal:
Grantor:
Marshall . Cannady
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this lc, day of Lc
2008, by Marshall G. Cannady, Grantor.
My Commission Expires:
Notary Registration No.:
Commonwoonh of Virginia
21?63$
My Commission Expires Jon 31. 2012
L
PREPARED BY:
SYKES. ROURDON.
AHERN & LEVY. P.C.
WITNESS the following signature and seal:
Grantor:
0
/ 4 i,&v (SEAL) �` `
Archie T. Cannady.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this t.n day of .Attu; f �,
2008, by Archie T. Cannady, Grantor.
My Commission Expires: , SPRING L. OYER
Notary Registration No.: Notary IIIc
Cvmmonwearrn or VIrgNNa
217631
my Commission Expires Jan 31, 2012
SB
AL
11 1
PREPARED BY:
SYKRS, BOURDON.
AIIERN & LEVY. P.C.
EXHIBIT "A"
ALL THOSE certain lots, pieces or parcels of land, located in the Virginia Beach Borough
in the City of Virginia Beach, Virginia, known, numbered and designated as Lots 1 and 3,
Block 55, as shown on the plat of Virginia Beach Development Company Number Six (6),
which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 5, at Page 103; to which reference is hereby made for a more
particular description.
GPIN: 2417-98-9672
ConditionalRezone/5o122ndStreet/Proffer
- 70 -
Item V -L.4.
PLANNING ITEM # 58381
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of AGAPE FULL GOSPEL DELIVERANCE and WORSHIP CENTER
for a Conditional Use Permit re a church and related facilities
ORDINANCE UPON APPLICATION OF AGAPE FULL GOSPEL
DELIVERANCE AND WORSHIP CENTER CONDITIONAL USE
PERMIT, CHURCH, 6620 INDIAN RIVER ROAD, DISTRICT 2 -
KEMPSVILLE R012835310
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of AGAPE FULL GOSPEL DELIVERANCE
and WORSHIP CENTER Conditional Use Permit, church, 6620 Indian
River Road, DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. The existing parking lot shall be resurfaced where necessary and remarked clearly to
delineate the parking spaces. In addition, handicapped -accessible spaces must be installed
in accordance with the Americans with Disabilities Act (ADA).
2. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach,
December 2002, shall be installed along Indian River Road for the length of the property in
an effort to screen any vehicles from view of the right-of-way as well to improve the
appearance of the site.
3. A Certificate of Occupancy shall be obtained from the Building Official's office prior to
occupancy.
4. All freestanding and building signage shall conform to the City of Virginia Beach Zoning
Ordinance and no such signage shall be permitted within the right-of-way.
This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of December Two Thousand
Eight
December 9, 2008
-71 -
Item V -L.4.
PLANNING ITEM # 58381 (Continued)
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
December 9, 2008
- 72 -
Item V -M.1.
APPOINTMENTS ITEM # 58382
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BEACHES AND WATERWAYS COMMISSION
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
TIDEWATER REGIONAL GROUP HOME COMMISSION
December 9, 2008
-73 -
Item V -M.2.
APPOINTMENTS ITEM # 58383
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Myra W. Jennings
3 -year term: January 1, 2009 — December 31, 2011
COMMUNITY SERVICES BOARD
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
December 9, 2008
- 74 -
Item V.O.
ADJOURNMENT ITEM # 58384
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:09 P.M.
a22 vizAz
Beverly__ 0. Hooks, CMC
Chief Deputy City Clerk
uth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
Louis R. Jones
Vice Mayor
Meyera E. Oberndorf
Mayor
December 9, 2008
- 74 -
Item V.O.
ADJOURNMENT ITEM # 58384
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:09 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
Louis R. Jones
Vice Mayor
th Hodges Fraser, MMC Meyera E. Oberndorf
Mayor
City Clerk
City of Virginia Beach
Virginia
December 9, 2008