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Home My WebLink AboutAUGUST 11, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WIIDAM f) S,,"SSOMS, JR. AI-I"arKe V/( '/:' MA YOR U)(!fS II. JONeS, Bay.<'!de - f)/.\'Irtc/ -I GUiNN II. /)A VIS, I/ose Hall - Dlslrlel 3 WilLIAM R. /)eSTHPH, AI-LarKe HARII Y /:'. /)1 HZhL, Kempsville - /)istrlct 2 1I0BhRT M. DYHII, CenlerV/lle - f)islricll BAI/BARA M. HENU:'Y, PrInces.I' Anne jJls/riel 7 JOHN I:'. UHIIIN, Beach f),slrieI6 lIi)N A. VIUANUI:'/<4, At-LarKe 1I0SHMAIIY WILSON, At-LarKe JAM/:'.~ L WOO/), I"ynnhaven -Dlslrlel 5 CITY COUNCIL APPOINTEES ('flY MANAIi/;,// JAMhS K. SPOR/:' CITY AT70IlN/:'Y MARK f). S1JL/:'S CITY ASShSSOIl J,,"IIA/JJ BANAGAN ('/7Y A [IDI7'01I UNDON S RHMIAS ( IlY C/./:'I/K I/IITH HOI)(;K~ FIIASI:'II, MMC CITY COUNCIL AGENDA 11 AUGUST 2009 1. CITY COUNCIL BRIEFING: - Conference Room. A. HEALTH CARE CLAIMS AUDIT Lyndon Remias, Auditor II. CITY MANAGER'S BRIEFING: A. BEACH CENTER PROJECT Barry Frankenfield, SGA Manager 1II. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION "I CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 385-4303 FAX (757) 385-5669 E-MAIL.Ctycncl@vbgov.com 3:00 PM 4:30 PM "I VII. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend William Dyson Presiding Elder - African American Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 14, 2009 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. AMEND FY2009-10 CAPITAL IMPROVEMENT PROGRAM Additional funding for various site acquisitions 2. AMEND CITY CODE ~36-172 Hourly Rate of Waiting Time re: taxi cabs 3. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation CARP) Easement 448 Princess Anne Road 4. LEASE OF CITY PROPERTIES a. Rudee Inlet parcel b. 1400 Laskin Road I. CONSENT AGENDA "I J. ORDINANCESfRESOLUTIONS 1. Ordinances re City Code: a. ADD 921-600 re: Highway Medians b. AMEND 91-12 re: fees for High Constable's Service of Process 2. Ordinances to TAX EXEMPT certain organizations: a. From Real and Personal Property Taxes: 1. Mercy Medical Airlift 2. Virginia Baptist Children's Home and Family Services b. From Personal Property Taxes: 1. Faith Works Coalition 2. National Alliance on Mental Illness (NAMI) - Virginia Beach 3. Recovery for the City International 4. Tidewater Memorial Bicycle Park Fund, Inc. 5. Virginia Wild Horse Rescue DEFERRED, BY CONSENT, FROM JULY 14,2009 3. Resolution to DIRECT the City Manager re: the City's Health Care Offering for Plan Year 2010. 4. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) between the City and the Virginia Beach Parks and Recreation Foundation re: support of the mission of the Parks and Recreation Department 5. Ordinance to AUTHORIZE the Development Authority's acquisition of the former Circuit City property; AMEND the FY2009-1O Capital Budget; and, APPROPRIATE $5.05 _ Million for the purchase of the property. DISTRICT 5 - L YNNHA VEN 6. Ordinances to AUTHORIZE the City Manager to execute Leases: a. a parcel of land at Rudee Inlet to the United States of America (Coast Guard) re: navigational aid purposes b. a temporary residence to John Charalambous at 1400 Laskin Road III 7. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement re: Agricultural Land Preservation (ARP) Easement for the Spence property at 448 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE 8. Ordinance to AUTHORIZE Temporary Encroachments into a portion of City owned property at 2401 Broad Bay Road for William George Bachsmith to construct and maintain a bulkhead, an existing wood privacy fence, boatlift, mooring piles, steps and a wharf. DISTRICT 5 - L YNNHA VEN 9. Ordinance to ACCEPT and APPROPRIATE $881,256 the Edward Byrne Justice Assistance Grant from the United States Department of Justice re: Public Safety and Criminal Processing as follows: a. $282,636 to the Police Department re: the purchase of driving course vehicles and tasers b. $203,000 to the Sheriff's Department re: a biometric access system, security control center and Accurint law enforcement search software c. $184,800 to the Commonwealth's Attorney re: case management software d. $88,864 to the Youth Opportunities Office re: temporary youth positions, program coordinator, prevention specialist, skills teacher and supplies associated with the Summer youth employment program e. $58,331 to Community Corrections re: a temporary pretrial investigator, substance abuse services and the purchase of a printer/scanner f. $46,000 to the Circuit Court re: a temporary office assistant and media evidence display system g. $17,625 to the Court Services Unit re: a temporary clerical position and the purchase of software 10. Ordinance to ACCEPT and APPROPRIATE a $100,000 Grant from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management to the FY2009-10 Operating Budget of the Fire Department re: tactical rescue equipment and training costs of the Tidewater Regional Technical Rescue Team 11. Ordinance to ACCEPT and APPROPRIATE a $124,100 Grant from the U.S. Department of Homeland Security through the Virginia Department of Health, Office of Emergency Medical Services to the FY2009-10 Operating Budget of the Emergency Medical Services (EMS) re: "ToughBook 19" computers to equip thirty-four (34) permitted ambulances belonging to the ten (10) Volunteer Rescue Squads III 12. Ordinance to ACCEPT and APPROPRIATE $1,200,400 from the U.S. Department of Criminal Justice Services through the 2008 State Homeland Security Grant to the FY2009-1 0 Operating Budget of the Police Department re: the purchase of equipment to react and respond to potential acts of terrorism. 13. Ordinance to ACCEPT and APPROPRIATE a $18,750 Grant from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management to the FY2009-10 Operating Budget of the Fire Department re: the Southside Regional Haz-Mat Team. 14. Ordinance re Virginia Department of Health, Office of Emergency Medical Services (EMS) re: the Rescue Squad Assistance Fund (RSAF) State Grant: a. ACCEPT and APPROPRIATE $152,680 to Emergency Medical Services (EMS) FY2009-10 Operating Budget re: purchase of defibrillators and suction units b. TRANSFER $135,638 from the FY2009-10 Operating Budget of the Department of Emergency Medical Services (EMS) re: the local match c. TRANSFER $17,042 from the FY2009-1 0 Operating Budget of the Department of Fire re: the local match 15. Ordinance to TRANSFER $650,000 from Fire Training Center Improvements- Phase III to FY2009-10 Operating Budget of the Fire Department re: protective turnout gear. K. PLANNING 1. Application of BROOKS and DARCEL STEPHAN for a Subdivision Variance re: the reconfiguration of two (2) existing lots into three (3) lots at 3040 and 3052 Little Haven Road. DISTRICT 5 - L YNNHA VEN RECOMMENDA TION APPROV AL 2. Application of 1000 NORTH GREAT NECK ROAD LLC for the Modification of Condition No.1 (approved by City Council on October 14,2003, re: a self-standing sign Virginia Beach Christian Life Center) at the corner ofN. Great Neck Road and Old Donation Parkway. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 3. Application of OCEAN A CHURCH OF CHRISTIMONARCH PROPERTIES, INC. for a Conditional Use Permit re: a church at 1789 London Bridge Road DISTRICT 6 - BEACH RECOMMENDA TION APPROV AL "I 4. Application of NEPTUNE FINTESS/MOUNT AIN VENTURES, VIRGINIA BEACH LLC, for a Conditional Use Permit re: an indoor recreational facility (gym) at 3352 Princess Anne Road, Suite 905. DISTRICT 7 - PRINCESS ANNE RECOMMENDA TION APPROV AL 5. Application of EN DE A VOR ENTERPRISES, L.L.C. for a Change of Zoning District Classification from AG-l and AG-2 Agricultural to Conditional B-IA Limited Business and P-l Preservation District at Chestnut Oak Way (deferred by City Council on July 14,2009). DISTRICT 7 - PRINCESS ANNE PLANNING ST AFF RECOMMENDATION RECOMMENDATION DENIAL APPROV AL 6. Ordinance to ESTABLISH City Zoning Ordinance (CZO) regulations re: wind energy systems, including definitions, application requirements, location, other requirements and Zoning Districts where permitted. M. APPOINTMENTS AGRICULTURAL ADVISORY COMMITTEE BA YFRONT ADVISORY COMMITTEE BOARD OF ZONING APPEALS COMMUNITY MEDICAL ADVISORY COMMISSION HEALTH SERVICES BOARD P ARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REGIONAL TASK FORCE REVIEW AND ALLOCATION (COG) WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 'I III ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** COUNCIL SCHEDULE FOR AUGUST August 18th Workshop August 25th Brie{i.nf!, Informal, Formal, including Planning Virginia Beach City Council Will Host a PUBLIC MEETING 7:00-8:30 PM THURSDA~AUGUST13rn Virginia Beach Convention Center Purpose: 2010 General Assembly Legislative Agenda Thursday, November 12th ANNUAL JOINT MEETING General Assembly, City Council and School Board *********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * Agenda 8/11/09atb www,vbgov,col11 "I - 1 - MINUTES VIRGINIA BEACH CITY COUNCil Virginia Beach, Virginia August 11, 2009 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re HEALTH CLAIMS A UDIT in the City Council Conference Room, Tuesday, August 11, 2009, at 3:00 P.M Council Members Present: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: William R. "Bill" DeSteph [Out of the Country - Family Vacation) Harry E. Diezel [Out of the City - Family Vacation) Ron A. Villanueva [Entered: 3:47 P.M) Rosemary Wilson [Entered: FORMAL SESSION, speaking at Virginia Beach Infant Graduation) August 11, 2009 ,I III - 2 - CITY COUNCIL BRIEFING HEALTH CLAIMS AUDIT ITEM # 59063 3:00 P.M. Mayor Sessoms welcomed Lyndon Remias, City Auditor, to present the Audit Report re the Health Care Claims. Mr. Remias introduced John Graham, President - Healthcare Horizons: Stacy Fuqua, Senior Client Executive - Optima Health; Darlene Anderson, Senior Vice President of Operations - Optima,' and, Tamara Turner, Director of Operations - Optima. As this was a joint City and Schools audit, Terrie Pyeatt, Director of the Office of Internal Audit - Virginia Beach City Schools, was present. Mr. Remias advised: Basis for Audit City Council Resolution No. 03268 regarding the City Healthcare Plan states: "There shall he an annual independent audit of claims with the results reported to the City Council" . Contracted with Healthcare Horizons Consulting Group, Inc. to perform the independent claims audit . National firm specializing in serving self-insured employers across the country with claims and recovery services . Clients include Wal-Mart, Ruby Tuesday and Sea Ray Boats Purpose of Audit IdentifY claim errors resulting in incorrect payments and assess underlying conditions contributing to any errors identified Audit Approach . Reviewed 100% electronic analysis of all claims for a one-year period from January 2008 to February 2009 . Utilized proprietary software to identifY potential areas of claim overpayments such as eligibility, pricing, duplicates and medical edits Claims Reviewed Claims City Schools Total Quantity 156,656 248,196 404,852 Amount $29,957,472 $46,937,109 $76,894,581 61% Schools and 39% City August 11, 2009 - 3 - CITY COUNCIL BRIEFING HEALTH CLAIMS AUDIT ITEM # 59063 (Continued) 3:00 P.M. ,I III II John Graham, President - Healthcare Horizons, reviewed the findings. The first slide depicts the combined results of the City and Schools with the second displaying results for the City only. Findings - City/Schools Claims Beyond Recovery Timeframe $7,005.80 $10,326.20 $0.00 $10,939.35 $655.54 $795.80 $493.93 $42.71 $0.00 $100.00 $0.00 $5,547.77 $6,120.00 $42,027.10 Category Eligibility Contract Audit Other Insurance Multiple Procedure Reductions Duplicates Speech Therapy Benefit Max. Outpatient During Inpatient Assistant Surgeon Pricing Office Visit with Deductible Emergency Room Co-pay Overlapping Inpatient Pricing Verification DME Benefit Maximum Totals Recovery Amount $27,713.79 $14,105.02 $11,495.00 $4,874.13 $3,690.41 $2,674.06 $2,598.13 $1,566.32 $623.47 $300.00 $0.00 $0.00 $0.00 $69,640.33 AI ready Recovered $25,892.87 $0.00 $0.00 $2,196.08 $4,850.45 $0.00 $256.52 $0.00 $0.00 $0.00 $1,360.00 $0.00 $0.00 $34,555.92 Mr, Graham focused on the City Findings slide, which depicts approximately $35,000.00 of potential recoveries for the City. There is another approximately $20,000 which depicts Claims beyond the Recovery Timeframe Limit (I-year from the paid date of the Claim). The third column Claims Already Recovered were errors at the time the data was extracted but recovered by site visit. Findings - City Category Eligibility Multiple Proc. Reductions Contract Audit Speech Therapy Benefit Maximum Assistant Surgeon Pricing Duplicates Emergency Room Co-pay Office Visit w/Deductible Overlapping Inpatient Pricing Verification Totals Recovery Amount $22,399.27 $3,553.72 $3,046.73 $2,674.06 $1,566.32 $1,391.00 $300.00 $246.56 $0.00 $0.00 $35,177.66 Claims Beyond Recovery Timeframe $6,698.65 $6,218.49 $0.00 $795.80 $0.00 $342.13 $0.00 $0.00 $0.00 $5,547.77 $19,602.84 Claims AI ready Recovered $24,086.66 $580.97 $0.00 $0.00 $0.00 $299.16 $0.00 $0.00 $1,360.00 $0.00 $26,326.79 August ll, 2009 III - 4 - CITY COUNCIL BRIEFING HEALTH CLAIMS AUDIT ITEM # 59063 (Continued) The majority of the recovery on the Plan comes from the area of eligibility, which are mainly retroactive terminations. An example would be a person not reporting for work and taking a while to ascertain the fact that they have left employment. Therefore, they are retro-terminated. A substantial amount of claims have been acquired Mr. Graham explained some of the terms listed on the findings. Multiple Procedure Reductions: Involves some industry standard reductions for two (2) or more surgeries being performed on a patient. Contract Audit: Confer with the actual provider contracts, written between hospitals and Optima, examining where the claims are priced according to the rates and terms within the contract. Speech Therapy Benefit: There have been several benefit categories, where co-pays which were deductible were not properly applied and speech therapy benefit was exceeded The Recovery numbers were fairly low versus the total dollars expended Councilman Wood referenced page 13 of the Claims Audit Report: "Optima has stated that overpayment recovery can only take place within one year of the date of service on a claim. While Healthcare Horizons is unable to offer legal advice on whether the City's Plan falls under state regulations, we have never seen this guideline based on date of service." Healthcare Horizons strongly suggests the City challenge the validity of this policy. Mr. Graham advised he met with Associate City Attorney Marjorie Smith and Deputy City Auditor Chris Ford The dollars that were initially identified as unrecoverable could be shifted to recoverable. Stacy Fuqua, Senior Client Executive, advised the Claims Beyond Recovery Timeframe ($19,602,84) will be adjusted Recommendations Engage Optima in discussion regarding recovery of claims affected by retroactive eligibility terminations. A process should be in place to identify these claims and initiate recovery in a timely manner. Consider the implementation of subrogation under the direction of legal counsel. Discuss options with Optima for cases when a member is eligible for Medicare Part B but elects not to take it. It may be possible to estimate what the Medicare benefits would have been; therefore, this may reduce payment by the City, For secondary claims, explore the possibility of limiting the entire combined payment (primary and secondary) up to Optima's normal contractual allowable. For any Plan design changes in the future, the City should utilize actual claims data experience for testing to ensure Optima is administering the change correctly. August 11, 2009 1,1 - 5 - CITY COUNCIL BRIEFING HEALTH CLAIMS AUDIT ITEM # 59063 (Continued) Lyndon Remias, Auditor, advised that while we believe this Audit has produced meaningful recoveries for the City, the percentage of overpayments compared to the total paid amount in the data is very low. Based on our experience in the industry, the results show strong performance in the administration of healthcare claims for the plan Next Steps ~ Corrective Action - Appendix C of the report details Optima's response to the audit and planned corrective action. We willfollow-up on all corrective action. ~ Monitor recovery performance to ensure overpaid claims are recovered. ~ Per the City Council Resolution the Office of the City Auditor will perform an annual independent audit of claims. Vice Mayor Jones referenced the recommendation that the City discuss with Optima the validity of cases when a member is eligible for Medicare Part B but elects not to take it. It may be possible to estimate what the Medicare benefits would have been; therefore, reduce the payment by the City. Vice Mayor Jones inquired re the legality. Stacy Fuqua, Senior Client Executive - Optima, advised their legal team will review this and continue to research on behalf of the Optima Health Plan which continues to strive for excellence, Out of the $76- MILLION and 400, 000 claims reviewed, the overall financial accuracy of payments for claims was 99,8% on behalf of the City and Schools. August 11, 2009 III - 6 - C IT Y MANA G E R 'S B R IE F I NG BEACH CENTRE PROJECT 3:20 P.M. ITEM # 59064 Mayor Sessoms introduced Barry Frankenfield. Strategic Growth Area (SGA) Manager, to present information re the background and area of the Beach Centre. Background PHR/Gold Key Project (31st Street) North side of 31st Street between Pacific and Arctic Avenues A display of the proposed District Plan was depicted. Project Components 178 Apartments 64,000 SF of Retail National and local retail, restaurant and boutiques 45,000 square feet of Office Space 520 Parking Spaces Pacific Avenue Elevation 32ml Street Elevation Arctic Avenue Elevation Laskin Road Elevation H\'cal Impact $60-MILLION Capital Investment Economic Impact City Estimate Increase in Real Estate Tax Revenue $ 407,000 Increase in Retail Sales and Meal Taxes 621,000 Increase in Business Personal Property & Business License Revenues 113,000 Total New Tax Revenue from Project $1,141,000 /Net New Annual August 11, 2009 'I , I - 7 - C IT Y MANA G E R 'S B R IE F I NG BEACH CENTRE PROJECT ITEM # 59064 (Continued) Project Schedule Project begins March 2010 Project complete/opens January 2012 Coordinated with City CIP - Phase 3 Laskin Road Start September 2010 Complete November 2011 Terms of Agreement Mixed-Use Development Components Approximately 178 residential units Approximately 64,000 square feet of retail space Approximately 45,000 square feet of Class A office space Adjacent parking structure to provide approximately 521parking spaces Total investment of approximately $60-MILLION Creation of approximately 200 temporary construction jobs and 200 permanent jobs All privately funded EDIP In consideration of the development, Developer will be eligible for $I,8-MILLION in EDIP funds The EDIP funds will be payable over two (2) fiscal years If the development is completed in phases, then 50% of the EDIP funds will be paid upon completion of the garage, retail and office components. The remaining 50% would be paid upon completion of the entire project Street Improvements City to perform street improvements in accordance with City's master construction (CIP) schedule. City shall include penalty language in its construction contract to incentivize completion on time, consistent with standard practice. No penalty payments to Developer August 11, 2009 'I 1,1 - 8 - C I T Y MANA G E R 'S B R I E F I NG BEACH CENTRE PROJECT ITEM # 59064 Terms of Agreement (Continued) Sidewalk Improvements City solely responsible for cost and construction of work on City's property Developer solely responsible for cost and construction of work on Developer's property A depiction of the Sidewalk Detail was displayed. South Side of Laskin Road City responsible for work on the South side of Laskin Road, but subject to agreement of the South side private property owners Valet Parking City will issue an RFP for a long-term lease (40 years) of three reserved parking spaces on the North side of Laskin Road Bidder shall be able to provide parking in close proximity to the parking spaces Proceeds from the lease will be applied toward Laskin Road Gateway streetscape maintenance Valet parking to be an amenity for surrounding businesses. If a successful bid is for less than market rate, such successful bidder shall not be permitted to use valet parking as a profit-generating enterprise A graphic depicting Southside of Laskin Road and Valet Parking was displayed depicting the proposed Nortlu'itle Redevelopment with Southside Road Edge Improvements Mayor Sessoms referenced the existing Retailers on Laskin Road and maintaining their parking. Councilman Uhrin advised Mr. Frankenfield and his staff will be meeting with the Retailers and property owners. The City Manager wished to make this area as desirable as possible for the existing Retailers to stay there and do well and he is willing to take their advice re parking. Mr. Frankenfield advised the Retailers do not wish free parking: however, they do need some type of parking (very interested in !12 hour parking). Future City Council Considerations Adoption of a resolution designating development area to be a revitalization area pursuant to Section 36- 55.30:2.A of the Code of Virginia Developer requested this in an effort to obtain financing from the Virginia Housing Development Authority (VHDA) Adoption of a resolution creating a Special Service District encompassing the Laskin Gateway area City Council will SCHEDULE Public Comment, August 25, 2009 re authorization of Beach Centre Term Sheet August 11, 2009 I III - 9 - CITY COUNCIL LIAISON REPORTS 3:39 P.M. ITEM # 59065 VIRGINIA AQUARIUM and MARINE SCIENCE CENTER Council Member Wood, Liaison to the Virginia Aquarium and Marine Science Center, advised the project is on track for November. All of the exhibits are in place and being cleaned for the creatures to inhabit. The animals are being brought in "slowly but surely". The Komodo Dragons are situated, with the crocodiles arriving next week. Mayor Sessoms expressed appreciation to Councilman Wood and said: "the Virginia Aquarium continues to be a super star for our City. " August 11, 2009 I II - 10- CITY COUNCIL COMMENTS 3:41 P.M. ITEM # 59066 Mayor Sessoms referenced Bruce Smith being inducted into the Football Hall of Fame. Mayor Sessoms referenced correspondence from Bruce Smith acknowledging his preference not to have a celebration from the City, but would rather have the funds utilized for benefitting the serious needs of young people throughout the City. Said correspondence of August 6, 2009, is hereby made a part of the record. ITEM # 59067 Council Lady Henley referenced correspondence from Council Lady Wilson printed this morning, Tuesday, August 11, 2009, in the Virginian Pilot, advising the City Council did not propose a 2 cent real estate tax increase during the Goal Setting Workshop (August 3, 2009): "No one said anything during the August 3, 2009, meeting that the plan was a two-cent increase in real estate taxes. That came from staff on Tuesday. It was then that I issued my statement opposing a tax increase to pay for these projects. " Council Lady Henley also was surprised by the headline re City Council proposing a 2 cent real estate tax increase, as the City Council did not discuss a 2 cent real estate tax increase. Council Lady Henley hoped this would not stifle the ability of the City Council to discuss the goals andfuture of the City with the public and determine what opportunities exist for funding projects. Public discussion and comments will be scheduled. ITEM # 59068 Mayor Sessoms wished to remind City Council and confirm: COMMUNITY SUMMIT Monday, October 5, 2009 6:00 P.M. - 8:30 P.M. MEETING WITH LYLE SUMEK Tuesday, October 6, 2009 8:30 A.M. till CONVENTION CENTER August 11, 2009 ,I III - 11 - AGE N DA REV IE W S E S S ION ITEM # 59069 3:47 P.M. BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances re City Code: a. ADD :pl-600 re: Highway Medians b. AMEND 91-12 re:feesfor High Constable's Service of Process 2. Ordinances to TAX EXEMPT certain organizations: a. From Real and Personal Property Taxes: 1. Mercy Medical Airlift 2. Virginia Baptist Children's Home and Family Services b. From Personal Property Taxes: 1. Faith Works Coalition 2. National Alliance on Mental Illness (NAMI) - Virginia Beach 3. Recovery for the City International 4. Tidewater Memorial Bicycle Park Fund. Inc. 5. Virginia Wild Horse Rescue 4. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) between the City and the Virginia Beach Parks and Recreation Foundation re: support of the mission of the Parks and Recreation Department 5. Ordinance to A UTHORIZE the Development Authority's acquisition of the former Circuit City property; AMEND the FY2009-IO Capital Budget; and, APPROPRIATE $5.05 -Millionfor the purchase of the property. DISTRICT 5 - LYNNHA VEN 6. Ordinances to A UTHORIZE the City Manager to execute Leases: a. a parcel of land at Rudee Inlet to the United States of America (Coast Guard) re: navigational aid purposes b. temporary residence to John Charalambous at 1400 Laskin Road 7. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement re: Agricultural Land Preservation (ARP) Easement for the Spence property at 448 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE August 11, 2009 III - 12 - AGENDA RE VIE W SESSION ITEM # 59069 (Continued) 8. Ordinance to A UTHORIZE Temporary Encroachments into a portion of City owned property at 2401 Broad Bay Roadfor William George Bachsmith to construct and maintain a bulkhead, an existing wood privacy fence, boatliji, mooring piles, steps and a wharf DISTRICT 5 - LYNNHA VEN 9. Ordinance to ACCEPT and APPROPRIATE $881,256 the Edward Byrne Justice Assistance Grant from the United States Department of Justice re: Public Safety and Criminal Processing asfollows: a, $282,636 to the Police Department re: the purchase of driving course vehicles and tasers b, $203,000 to the SherifFs Department re: a biometric access system, security control center and Accurint law enforcement search software c. $184,800 to the Commonwealth's Attorney re: case management software d. $88,864 to the Youth Opportunities Office re: temporary youth positions, program coordinator, prevention specialist, skills teacher and supplies associated with the Summer youth employment program e. $58.331 to Community Corrections re: a temporary pretrial investigator. substance abuse services and the purchase of a printer/scanner f $46,000 to the Circuit Court re: a temporary office assistant and media evidence display system g. $17,625 to the Court Services Unit re: a temporary clerical position and the purchase of software 10. Ordinance to ACCEPT and APPROPRIATE a $100.000 Grantfrom the Us. Department of Homeland Security through the Virginia Department of Emergency Management to the FY2009-10 Operating Budget of the Fire Department re: tactical rescue equipment and training costs of the Tidewater Regional Technical Rescue Team 11. Ordinance to ACCEPT and APPROPRIATE a $124,100 Grantfrom the Us. Department of Homeland Security through the Virginia Department of Health, Office of Emergency Medical Services to the FY2009-10 Operating Budget of the Emergency Medical Services (EMS) re: "ToughBook 19" computers to equip thirty- four (34) permitted ambulances belonging to the ten (10) Volunteer Rescue Squads 12. Ordinance to ACCEPT and APPROPRIATE $1,200,400 from the us. Department of Criminal Justice Services through the 2008 State Homeland Security Grant to the FY2009-10 Operating Budget of the Police Department re: the purchase of equipment to react and respond to potential acts of terrorism. August 11. 2009 III - 13 - AGE N DA REV IE W S E S S ION ITEM # 59069 (Continued) 13. Ordinance to ACCEPT and APPROPRIATE a $18, 750 Grantfrom the us. Department of Homeland Security through the Virginia Department of Emergency Management to the FY2009-10 Operating Budget of the Fire Department re: the Southside Regional Haz.Mat Team. 14. Ordinance re Virginia Department of Health, Office of Emergency Medical Services (EMS) re: the Rescue Squad Assistance Fund (RSAF) State Grant: a. ACCEPT and APPROPRIATE $152,680 to Emergency Medical Services (EMS) FY2009-10 Operating Budget re: purchase of defibrillators and suction units b. TRANSFER $135, 638from the FY2009-lO Operating Budget of the Department of Emergency Medical Services (EMS) re: the local match c. TRANSFER $17,042from the FY2009-lO Operating Budget of the Department of Fire re: the local match 15, Ordinance to TRANSFER $650,000 from Fire Training Center Improvements- Phase 1/1 to FY2009-10 Operating Budget of the Fire Department re: protective turnout gear. August 11, 2009 III II - 14 - AGE N DA REV IE W S E S S ION ITEM # 59070 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of BROOKS and DARCEL STEPHAN for a Subdivision Variance re: the reconfiguration of two (2) existing lots into three (3) lots at 3040 and 3052 Little Haven Road. DISTRICT 5 - LYNNHA VEN 3. Application of OCEAN A CHURCH OF CHRIST/MONARCH PROPERTIES, INC for a Conditional Use Permit re: a church at 1789 London Bridge Road DISTRICT 6 - BEACH 4. Application of NEPTUNE FINTESS/MOUNTAIN VENTURES, VIRGINIA BEACH LLC,for a Conditional Use Permit re: an indoor recreational facility (gym) at 3352 Princess Anne Road, Suite 905. DISTRICT 7 - PRINCESS ANNE 5. Application of ENDEA VOR ENTERPRISES, L.L.C for a Change of Zoning District Classilicationfrom AG-l and AG-2 Agricultural to Conditional B-IA Limited Business and P-l Preservation District at Chestnut Oak Way (deferred by City Council on July 14,2009). DISTRICT 7 - PRINCESS ANNE 6. Ordinance to ESTABLISH City Zoning Ordinance (CZO) regulations re: wind energy systems, including definitions, application requirements, location, other requirements and Zoning Districts where permitted. Item 5. (ENDEA VOR ENTERPRISES, L.L.C) re Conditional Change of Zoning shall be DEFERRED INDEFINITELY, BY CONSENT. Item 6. (CZO re wind energy systems) shall be DEFERRED INDEFINITELY, BY CONSENT. August 11, 2009 ,I III - 15 - ITEM # 59071 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711 (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)(I) 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: Beach District Centerville District Kempsville District Princess Anne District Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 3:48 P.M. August 11, 2009 Voting: 8-0 - 16 - ITEM # 59071 (Continued) Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel, William R. "Bill" DeSteph and Rosemary Wilson (Closed Session: 3:48 P.M. - 4:40 P.M.) (Break: (Dinner: 3: 55 P.M. - 4:00 P.M.) 5:10 P.M. - 6:00 P.M.) "I II August 11, 2009 II III - 17 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 11,2009 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 11, 2009, at 6:00 P.M Council Members Present: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: William R. "Bill" DeSteph [Family Vacation - Out of the Country) Harry E. Diezel [Family Vacation - Out of the City on Family Vacation) INVOCA TION: Reverend William Dyson Presiding Elder - African Methodist Episcopal Church for the Virginia Conference PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknOWingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty. which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the ''Act "), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24,2009, is hereby made a part of the record 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 August 11, 2009 , I :1 II' - 18 - Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. August 11, 2009 , II I III' - 19 - Item V-E. CERTIFICATION ITEM # 59072 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: 8-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin. Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel Council Lady Wilson ABSTAINED, as she was not in attendance during the Closed Session. August I I, 2009 III '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 #59071, Page 15, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOllY, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk August 11, 2009 III I' - 20 - Item V-F.I ITEM # 59073 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the MINUTES of the FORMAL SESSION of July 14, 2009. Voting: 7-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Ron A. Villanueva and James L. Wood Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel Council Members Villanueva and Wood ABSTAINED as they were onfamily vacation and not in attendance during the City Council Session of July 14, 2009. August 11, 2009 1111' - 21 - Item V-F.2 ADDED ITEM # 59074 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of August 3,2009. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 III I' - 22- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59075 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August II, 2009 III II - 23 - Item V-G.]. MAYOR'S RECOGNITION ITEM 59076 Mayor Sessoms RECOGNIZED the following Boy Scouts in attendance to earn their merit badges: Boy Scout Troop 364 Bayside Presbyterian Church Bill Lanchantin Sean Goode Max Cherry Boy Scout Troop 777 Holy Family Evan Scarborough Robert Hoke (Represented by Councilman Uhrin) Mayor Sessoms presented each Scout with a City Seal Pin. August 11, 2009 - 24- Item V-H.l. PUBLIC HEARING ITEM # 59077 Mayor Sessoms DECLARED A PUBLIC HEARING: AMEND FY2009-10 CAPITAL IMPROVEMENT PROGRAM Additionalfundingfor various site acquisitions There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. III Ii August 11, 2009 - 25 - Item V-H.2. PUBLIC HEARING ITEM # 59078 Mayor Sessoms DECLARED A PUBLIC HEARING: AMEND CITY CODE ~36-172 Hourly Rate of Waiting Time re: taxi cabs There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. .1 1,1 II August 11, 2009 " II - 26- Item H.3. PUBLIC HEARING ITEM # 59079 Mayor Sessoms DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement 448 Princess Anne Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. III' August II, 2009 - 27- Item H.4.a.b. PUBLIC HEARING ITEM # 59080 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTIES a. Rudee Inlet parcel b. 1400 Laskin Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. 'II' August 11, 2009 III II - 28 - Item V-J. ORDINANCES/RESOLUTIONS ITEM # 59081 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1a/b, 2a1/2, 2.b.1-5, 4, 5, 6a/b, 7, 8, 9a-g, 10, 11, 12, 13, 14a-c and 15 of the CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August II, 2009 III II - 29- Item V-J.1.a/b. ORDINANCES/RESOLUTIONS ITEM # 59082 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances re City Code: a. ADD 921-600 re: Highway Medians b. AMEND 91-12 re:feesfor High Constable's Service of Process Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August II, 2009 I "11' 1 AN ORDINANCE TO ADD SECTION 21-600 TO THE CITY 2 CODE PERTAINING TO HIGHWAY MEDIANS 3 4 WHEREAS, City Council has determined that unrestricted use of highway 5 medians poses a threat to public safety; and 6 7 WHEREAS, City Council has concluded that restrictions on the use of medians 8 would promote the general welfare of our citizens and would further the City's goal of 9 maintaining peace and good order in and around our roadways; 10 11 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That Section 21-600 of the Code of the City of Virginia Beach, Virginia is hereby 15 added and ordained to read as follows: 16 17 Sec. 21-600. Hiahwav medians; exemptions; penalty. 18 19 fill No person or vehicle shall OCCUpy a hiqhwav median. 20 21 fQl For the purpose of this section, "hiqhwav median" shall be that paved or 22 landscaped strip of qround dividinq a hiqhwav into lanes accordinq to 23 direction of travel. 24 25 19 This section shall not applv: 26 ill to a pedestrian traversinq a median while in the immediate process of 27 crossinq the hiqhwav; 28 m to any qovernmental emplovee or authorized aqent while in the 29 performance of official duties; 30 ill at any time the adiacent hiqhwav is closed to traffic; 31 ffi to qovernmental vehicles operated in the course of official business; 32 @ to utilitv emplovees or vehicles when necessary for utilitv installation, 33 maintenance or repair; and 34 @ in the event of a mechanical breakdown, or an emerqenCV reQuirinq a 35 public safety response. 36 37 @ A violation of this section shall constitute a Class II misdemeanor. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of 40 August, 2009. ,I 1111' 1 AN ORDINANCE TO AMEND CHAPTER ONE OF 2 THE CITY CODE PERTAINING TO FEES FOR 3 SERVICE OF PROCESS 4 5 Section Amended: S 1-12 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section1-12 of the Code of the City of Virginia Beach, Virginia is hereby 11 amended and reordained to read as follows: 12 13 Sec. 1-12. Fees for service of process. 14 15 (a) The high constable shall charge and collect the following fees for the service 16 of process: 17 (1) For service on any person, a direct declaration in ejectment, order, notice, 18 summons or any other similar process, except as herein otherwise provided, and 19 for serving on any person any process, when the body is not taken, and making 20 return thereof, the sum of three dollars and fifty cents ($3.50) twelve dollars 21 [$12.00). 22 (2) For serving a witness or serving a garnishee on an attachment, three dollars 23 and fifty cents ($3.50) twelve dollars ($12.00). 24 (3) For serving on any person an attachment or other process under which the 25 body is taken and making a return thereon, twel'Je dollars and fifty cents ($12.50) 26 twelve dollars ($12.00). 27 (4) For serving any order of court not otherwise provided for, three dollars and 28 fifty cents ($3.50) twelve dollars ($12.00). 29 (5) For service of a writ of possession by execution, six dollars ($6.00) twenty. 30 five dollars ($25.00). 31 (6) For serving an execution or distress warrant or attachment by levying, teA 32 dollars ($10.00) twenty-five dollars ($25.00). 33 (7) For serving any papers returnable out of state, fifteen dollars ($15.00) 34 seventy-five dollars ($75.00). 35 36 (b) Such fees as set forth above, collected by the high constable, shall be 37 deposited in the treasury of the city for use in the general operation of the city 38 government. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day 41 of August ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~2~ Sheriffs Office ~~ . 1\ ney's office CA11240 R-1 July 15, 2009 II ,I 1'1 I' - 30 - Item V-J.2a1.2/b.I-5. ORDINANCES/RESOLUTIONS ITEM # 59083 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to TAX EXEMPT certain organizations: a. From Real and Personal Property Taxes: 1. Mercy Medical Airlift 2: Virginia Baptist Children's Home and Family Services b. From Personal Property Taxes: 1. Faith Works Coalition 2. National Alliance on Mental Illness (NAMI) - Virginia Beach 3. Recovery for the City International 4. Tidewater Memorial Bicycle Park Fund, Inc. 5. Virginia Wild Horse Rescue Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 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 33 34 35 36 37 38 I I III AN ORDINANCE TO DESIGNATE MERCY MEDICAL AIRLIFT AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local real and personal property taxes to Mercy Medical Airlift. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Mercy Medical Airlift as a charitable organization within the context of 9 6(a)(6) of Article X of the Constitution of Virginia. 2. That real and personal property owned by Mercy Medical Airlift located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Mercy Medical Airlift for exclusively charitable purposes; (b) that each July 1, Mercy Medical Airlift shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Mercy Medical Airlift shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Mercy Medical Airlift cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of August, 2009. Requires an affirmative vote of three.fourths of the members of the City Council. I Iii I' APPROVED AS TO LEGAL SUFFICIENCY: ~~ . At orn y's offiCe APPROVED AS TO CONTENT: CA11165 R-1 June 18, 2009 2 II 1,1 I' OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION MERCY MEDICAL AIRLIFT 4620 Haygood Road Ste 1 Virginia Beach, VA 23455 SUMMARY OF NONPROFIT BUSINESS ACTIVITY: MMA's mission is to ensure that no needy patient is denied access to distant specialized medical evaluation, diagnosis or treatment for lack of a means of long-distance medical air transportation. They also ensure the provision of urgent transportation in situations of compelling human need and homeland security emergencies. This organization provides medical air transportation to needy individuals throughout the Hampton Roads area and the country. It manages several other programs that benefit the families of those in need of medical air transportation. They also work with many other local, state and federal agencies to provide services during times of disasters. Mercy Medical Airlift does not own any airplanes; they have volunteer pilots who use their own aircraft. This organization operates from donations and contributions. TAX IMPACT: Personal Property: Business Property Tax Real Estate: None $4,419.81 (year) $3,994.32 (year) Commissioner of the Revenue Recommendation: ~ Approval Disapproval 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 33 34 35 36 37 38 39 40 41 'I I "I AN ORDINANCE TO DESIGNATE VIRGINIA BAPTIST CHILDREN'S HOME AND FAMILY SERVICES AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local real and personal property taxes to Virginia Baptist Children's Home and Family Services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Virginia Baptist Children's Home and Family Services as a charitable organization within the context of 9 6(a)(6) of Article X of the Constitution of Virginia. 2. That real and personal property owned by Virginia Baptist Children's Home and Family Services located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Virginia Baptist Children's Home and Family Services for exclusively charitable purposes; (b) that each July 1, Virginia Baptist Children's Home and Family Services shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1,2012, Virginia Baptist Children's Home and Family Services shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Virginia Baptist Children's Home and Family Services cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of August, 2009. Requires an affirmative vote of three.fourths of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: J2~ CA 11179 R-1 June 26, 2009 2 I III I' ,I III II OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Virginia Baptist Children's Home & Family Services T/A HopeTree Family Services SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Property at 1204 Ewell Road in Virginia Beach was given as a restricted gift for their Developmental Disabilities Ministries (DDM) program. DDM is a ministry that mainly provides group homes for adults with intellectual disabilities. Their expectations for the property include the following: Obtain a license to house up to four adults. · Maintain one or two organization vehicles. · Establish a local home office with office equipment. Based upon the review of the history of the organization, the mission of the Developmental Disabilities Ministries (DDM) program (see attached documents), the audited financial statements and Attorney General's Opinion 02-126, Virginia Baptist Children's Home & Family Services, T/A HopeTree Family Services could be classified as a "religious association." Pending the receipt of the license to house up to four adults with intellectual disabilities, Virginia Baptist Children's Home & Family Services, T/A HopeTree Family Services should be exempted from the local real and property taxation in accordance with Section 58.1-3617 of the Code of Virginia. TAX IMPACT: Personal Property: none at this time Real Estate: Assessed - $321,992 Tax - $2,865.74 (year) RELEVANT INFORMATION: 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 33 34 35 36 37 38 39 40 41 ,I Iii AN ORDINANCE TO DESIGNATE NATIONAL ALLIANCE ON MENTAL ILLNESS (NAMI) - VIRGINIA BEACH AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to National Alliance on Mental Illness (NAMI) - Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates National Alliance on Mental Illness (NAMI) - Virginia Beach as a charitable organization within the context of ~ 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by National Alliance on Mental Illness (NAMI) - Virginia Beach located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property National Alliance on Mental Illness (NAMI) - Virginia Beach for exclusively charitable purposes; (b) that each July 1, National Alliance on Mental Illness (NAMI) - Virginia Beach shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, National Alliance on Mental Illness (NAMI) - Virginia Beach shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that National Alliance on Mental Illness (NAMI) - Virginia Beach cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of August, 2009. Requires an affirmative vote of three-fourths of the members of the City Council. 1 1'1 I' APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: ~-~. CI 0 ney's ice- CA11166 R-1 June 18, 2009 2 II III I' OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION NAMI - Virginia Beach (National Alliance on Mental Illness) 281 Independence Blvd Ste 414 Virginia Beach, VA 23462 SUMMARY OF NONPROFIT BUSINESS ACTIVITY: NAMI -National Alliance on Mental Illness is the nation's largest grassroots mental health organization dedicated to improving the lives of individuals and families affected by mental illness. NAMI provides support, education, and advocacy for people affected by mental illness. They are dedicated to increasing public understanding of mental illness to reduce stigma; to improve the quality of life for individuals diagnosed with serious mental illness; to provide support and education to families of the mentally ill and to persons with mental illness; and to promote research. Local services include: . A local office is open 3 hours a day to answer questions or give out information on mental illness. . They have a 24 hours day phone answering service through a call forwarding service. . They provide written material on mental illnesses upon request. . Sponsors support groups for families with a dependent diagnosed with a serious mental illness. TAX IMPACT: Personal Property Business Property Tax Real Estate: None $24.72 None Commissioner of the Revenue Recommendation: ~ Approval Disapproval 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 33 34 35 36 37 38 39 40 'I I 1,1 AN ORDINANCE TO DESIGNATE RECOVERY FOR THE CITY INTERNATIONAL AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with S 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Recovery for the City International. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Recovery for the City International as a charitable organization within the context of S 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Recovery for the City International located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Recovery for the City International for exclusively charitable purposes; (b) that each July 1, Recovery for the City International shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Recovery for the City International shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Recovery for the City International cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of August, 2009. Requires an affirmative vote of three-fourths of the members of the City Council. II .1 1,1 I' APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: V~ C' A ey's Office CA11167 R-1 June 18, 2009 2 II , I IIII1 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION Recovery for the City International 3333-28 Virginia Beach Blvd Virginia Beach, V A 23452 SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Recovery for the City is a faith based organization that exists to promote and develop spiritual recovery around the world. Recovery for the City's vision is to help both the individual and cluster groups organize leadership for recovery. They provide group meeting for adults with addictions or compulsive behavior and they provide a similar program for children of parents who suffer from addictions or compulsive behavior. They sell books, produce seminars and give apprenticeships. They believe God has called us to reproduce the "Recovery for the City" model internationally in order to help as many people as possible TAX IMPACT: Personal Property: Business Property Real Estate: $58.82 (year) $131.85 (year) None Commissioner of the Revenue Recommendation: ~ Approval Disapproval 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 33 34 35 36 37 38 39 40 41 I III AN ORDINANCE TO DESIGNATE TIDEWATER MEMORIAL BICYCLE PARK FUND, INC. AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with S 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Tidewater Memorial Bicycle Park Fund, Inc.. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Tidewater Memorial Bicycle Park Fund, Inc. as a charitable organization within the context of S 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Tidewater Memorial Bicycle Park Fund, Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Tidewater Memorial Bicycle Park Fund, Inc. for exclusively charitable purposes; (b) that each July 1, Tidewater Memorial Bicycle Park Fund, Inc. shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Tidewater Memorial Bicycle Park Fund, Inc. shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Tidewater Memorial Bicycle Park Fund, Inc. cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of August, 2009. Requires an affirmative vote of three-fourths of the members of the City Council. i I III Ii APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Z?~~- CA 11180 R-1 June 26, 2009 2 'I III II OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Tidewater Memorial Bicycle Park Fund Inc. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Tidewater Memorial Bicycle Park Fund Inc. is a non-profit charitable organization incorporated in May 2003, provides bicycling activities for school age kids and adults to help develop fundamental cycling skills in a safe setting through instruction, racing and games. . Promotes individual heath . Promotes cycling as a transportation alternative · In the past they have had weekly training races at the sportsplex. Open to the public · April 2008 in partnership with Parks & Rec. ran the Tour de Beach. (ages 5-14) TAX IMPACT: BPP PP Real Estate N/A RELEVANT INFORMATION: I "11' 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 33 34 35 36 37 38 39 AN ORDINANCE TO DESIGNATE VIRGINIA WILD HORSE RESCUE AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Virginia Wild Horse Rescue. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Virginia Wild Horse Rescue as a charitable organization within the context of 9 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Virginia Wild Horse Rescue located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Virginia Wild Horse Rescue for exclusively charitable purposes; (b) that each July 1, Virginia Wild Horse Rescue shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Virginia Wild Horse Rescue shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Virginia Wild Horse Rescue cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of August, 2009. Requires an affirmative vote of three-fourths of the members of the City Council. II APPROVED AS TO CONTENT: CA 11168 R-1 June 18, 2009 2 APPROVED AS TO LEGAL SUFFICIENCY: ~--- y rney's fflce , II IIII OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION VIRGINIA WILD HORSE RESCUE 1624 N Muddy Creek Rd Virginia Beach, VA 23456 SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Virginia Wild Horse Rescue, is a non-profit charitable organization incorporated in May 2006, to protect and preserve the free roaming wild horses, that roam into Virginia from North Carolina and is dedicated to "Saving Our American Heritage For Future Generations'~ through the enhanced education and preservation of the wild horses. These wild horses are true descendants of the Colonial Spanish Mustangs (Banker Ponies) that have roamed the coast of Virginia and North Carolina for over 400 years. · Promoting and enhancing public awareness through educational programs that give their history and the importance of saving the wild Spanish Mustangs as our American Heritage for future generations. · They establish sanctuaries for rescued wild Spanish Mustangs who can no longer remain in the wild, to maintain herds with feed and hay as necessary in preparation for the sanctuary and while in the sanctuary stay. · To create a horse rescue unit that would not only serve the wild Spanish Mustangs, but also act as a rescue unit for trailer accidents, search and rescue of horses or other large animals in Virginia Beach, the state of Virginia and neighboring states after major natural disasters. TAX IMPACT: Personal Property: Business Property Real Estate: $106.56 (year) $37.24 (year) None Commissioner of the Revenue Recommendation: ~ Approval Disapproval II I I Original Proposal City Council Policy Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I 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 ())mmissioner 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 9 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 ta.'< year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed infonnation 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: II \ I Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I 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 stanIs. 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.l.3606 et seq.) o~Article 3 (~58.1.3609 et seq.) of Tide 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 II I I Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: rebruary 3, 2004 I 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 Anorney. The City Anorney 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. II 1111' [ I Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I 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. 'I IIII - 31 - Item V-J.3. ORDINANCES/RESOLUTIONS ITEM # 59084 The following registered to speak: Tom Corcoran, 3741 North Donna Wood Court, Phone; 438-8665, advised Virginia Beach is currently charging families over $500 per month per health care, which does not include the $200 annual or deductible that must be paid before any coverage is received. This equates to $6,200 per year for healthcare, No other family in Hampton Roads was paying more than $400 per month until ten (10) days ago. Until ten (10) days ago, our families have been paying over $1,300 more per year than any other City in Hampton Roads, Chesapeake rates increased to $417.00 per month and Norfolk to $391.00 per month. Virginia Beach employees have been overfunding the Health Care Plan by $35-MILLION. Mr. Corcoran urged SUP PORT of the employee alternative which requires no additional contributions from the City and reduces cost to our families, Kenneth Pravetz, 4305 Shrew Trail, Phone: 416-1120, President of Virginia Beach Firefighters, advised the City's health care costs are costing in recruitment. The City has $35-MILLION in reserve, Mr. Pravetz urged support of the employees' alternative plan. Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Resolution to DIRECT the City Manager re: the City's Health Care Offeringfor Plan Year 2010. Voting: 5-4 Council Members Voting Aye: Glenn R. Davis, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: Robert M Dyer, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 II I II 1 A RESOLUTION OFFERING DIRECTION TO THE 2 CITY MANAGER REGARDING THE CITY'S HEALTH 3 CARE OFFERINGS FOR PLAN YEAR 2010 4 5 WHEREAS, the next Health Care Plan year takes effect January 1, 2010. 6 7 WHEREAS, the Benefits Executive Committee (BEC) has recommended 8 changes to the health care plan offerings and to the rates for plan year 2010. 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA THAT 12 13 The City Manager is hereby directed to work with the Consolidated Benefits 14 Office to implement the following with respect to the Health Care Offerings for City 15 employees: 16 17 a) Maintain the 2009 rate structure for the Health Maintenance Organization (HMO) 18 plan, the Preferred Provider Organization (PPO) plan, and the Retiree Point of 19 Service (POS) plan for the plan year beginning January 1, 2010. 20 21 b) Maintain the City's employer contribution strategy as a flat $5400 per eligible 22 employeelretiree for plan year 2010. 23 24 c) Use the balance of the Health Care Fund to absorb any cost increases not 25 covered by the 2010 employee rates and employer contribution amount. 26 27 d) Implement a High Deductible Health Plan with a Health Savings Account (HSA). 28 The BEC will establish rates for this plan. The City would provide a $500 annual 29 employer contribution to the HSA for those employees participating in the High 30 Deductable Health Plan. The $500 annual employer contribution to the HSA is in 31 addition to the $5400 employer contribution discussed above (paragraph b). 32 33 e) Revisit changing the employer contribution strategy for plan year 2011, 34 depending on overall economy and total compensation decisions by the City 35 Council and School Board. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of 38 August ,2009. Approved as to Content: Approved as to Legal Sufficiency: ') Management Services -Z?~; - CA 11170 R-3 July 28, 2009 1111' 20 I 0 CITY EMPLOYEE RATES HEALTH THE CITY OF VIRGINIA BEACH FULL-TIME EMPLOYEES Type of Coverage Annual Employer Employee Employee PHSA (COBRA) Rates Monthly Monthly Semi- Monthly Contribution Contribution Monthly Contribution (12-months) Contribution (102% of Plan Cost) (12-months) HEALTH Select HMO - OptimaHealth Employee Only $4,430.00 $450.00 $25.00* $12.50 $376.55 Employee & Child $6,341.00 $450.00 $78.42 $39.21 $538.99 Employee & Children $8,877.00 $450.00 $289.75 $144.88 $754.55 Employee & Spouse $8,535.00 $450.00 $261.25 $130.63 $725.48 Family $11,409.00 $450.00 $500.75 $250.38 $969.77 Double Employee (City/City) $8,535.00 $900.00 $50.00* $25.00 $725.48 Double Employee (City/School) $8,535.00 $900.00 $35.00* $17.50 $725.48 Double Family (City/City) $11,409.00 $900.00 $50.75 $25.38 $969.77 Double Family (City/School) $11,409.00 $900.00 $50.75 $25.38 $969.77 Premier PPO - Optima Health Employee Only $8,892.00 $450.00 $291.00 $145.50 $755.82 Employee & Child $10,461.00 $450.00 $421.75 $210.88 $889.19 Employee & Children $14,645.00 $450.00 $770.42 $385.21 $1,244.83 Employee & Spouse $14,122.00 $450.00 $726.83 $363.42 $1,200.37 Family $18,916.00 $450.00 $1,126.33 $563.17 $1,607.86 Double Employee (City/City) $14,122.00 $900.00 $276.83 $138.42 $1,200.37 Double Employee (City/School) $14,122.00 $900.00 $276.83 $138.42 $1,200.37 Double Family (City/City) $18,916.00 $900.00 $676.33 $338.17 $1,607.86 Double Family (City/School) $18,916.00 $900.00 $676.33 $338.17 $1,607.86 Equity High Deductible Health Plan (HDHP) - Optima Health Employee Only $3,798.00 $450.00 $5.00* $2.50 $322.83 Employee & Child $4,482.00 $450.00 $7.00* $3.50 $380.97 Employee & Children $6,275.00 $450.00 $72.92 $36.46 $533.38 Employee & Spouse $6,055.00 $450.00 $54.58 $27.29 $514.68 Family $8,076.00 $450.00 $223.00 $111.50 $686.46 Double Employee (City/City) $6,055.00 $900.00 $10.00* $5.00 $514.68 Double Employee (City/School) $6,055.00 $900.00 $5.00* $2.50 $514.68 Double Family (City/City) $8,076.00 $900.00 $10.00* $5.00 $686.46 Double Family (City/School) $8,076.00 $900.00 $5.00* $2.50 $686.46 * If the employer contribution exceeds the annual rate. an employee contribution may still be required. IIII 20 I 0 CITY RETIREE RATES (with employer contribution)* HEALTH RATES FOR RETIREES OF THE CITY OF VIRGINIA BEACH Type of Coverage Annual Employer Monthly Retiree Monthly PHSA (COBRA) Rates Contribution Contribution Monthly (12-months) Contribution (102% of Plan Cost) HEALTH o en Access POS - 0 timaHealth Employee Only $5,874.00 $450.00 $39.50 $499.29 Employee & Child $6,606.00 $450.00 $100.50 $561.51 Employee & Children $9,248.00 $450.00 $320.67 $786.08 Employee & Spouse $9,240.00 $450.00 $320.00 $785.40 Family $12,427.00 $450.00 $585.58 $1,056.30 Double Employee (City/City) $9,240.00 $900.00 $79.00** $785.40 Double Employee (City/School) $9,551.50 $900.00 $79.00** $811.88 Double Family (City/City) $12,427.00 $900.00 $135.58 $1,056.30 Double Famil Ci School 12427.00 900.00 135.58 1 056.30 Select HMO - 0 timaHealth Employee Only $4,430.00 $450.00 $25.00 $376.55 Employee & Child $6,341.00 $450.00 $78.42 $538.99 Employee & Children $8,877.00 $450.00 $289.75 $754.55 Employee & Spouse $8,535.00 $450.00 $261.25 $725.48 Family $11,409.00 $450.00 $500.75 $969.77 Double Employee (City/City) $8,535.00 $900.00 $50.00** $725.48 Double Employee (City/School) $9,136.50 $900.00 $50.00** $776.60 Double Family (City/City) $11,409.00 $900.00 $50.75 $969.77 Double Famil Ci School 11 839.00 900.00 86.58 1 006.32 E ui Hi h Deductible Health Plan Employee Only $450.00 $5.00** $322.83 Employee & Child $450.00 $7.00** $380.97 Employee & Children $450.00 $72.92 $533.38 Employee & Spouse $450.00 $54.58 $514.68 Family $450.00 $223.00 $686.46 Double Employee (City/City) $900.00 $10.00** $514.68 Double Employee (City/School) $900.00 $5.00** $514.68 Double Family (City/City) $900.00 $10.00** $686.46 Double Famil Ci /School 900.00 5.00** 686.46 Premier PPO - 0 tima Health Employee Only $8,892 $450.00 $291.00 $755.82 Employee & Child $10,461 $450.00 $421.75 $889.19 Employee & Children $14,645 $450.00 $770.42 $1,244.83 Employee & Spouse $14,122 $450.00 $726.83 $1,200.37 Family $18,916 $450.00 $1,126.33 $,1607.86 Double Employee (City/City) $14,122 $900.00 $276.83 $1,200.37 Double Employee (City/School) $14,122 $900.00 $276.83 $1,200.37 Double Family (City/City) $18,916 $900.00 $676.33 $1,607.86 Double Famil Ci /School 18916 900.00 676.33 1 607.86 * Retirees that retired under VRS guidelines with 25 combined years or more of service with the City of Virginia Beach and/or Virginia Beach City Public Schools, or retired under VRS guidelines with 5 years or more of service with the City of Virginia Beach with a work related disability, ** If the employer contribution exceeds the annual rate, retiree contribution may still be required. II III 20 I 0 CITY RETIREE RATES (without employer contribution -less than 25 years ofservice)* HEALTH RATES FOR RETIREES OF THE CITY OF VIRGINIA BEACH Type of Coverage Annual Retiree Monthly PHSA (COBRA) Rates Contribution Monthly Contribution 12-months 102% of Plan Cost HEALTH o en Access POS - 0 timaHealth Employee Only Employee & Child Employee & Children Employee & Spouse Famil Select HMO - 0 timaHealth** Employee Only Employee & Child Employee & Children Employee & Spouse Famil E ui Hi h Deductible Health Plan Employee Only Employee & Child Employee & Children Employee & Spouse Famil Premier PPO - 0 timaHealth ** Employee Only Employee & Child Employee & Children Employee & Spouse Famil $7,080 $8,020 $9,360 $14,058 $16 425 $11,658 $13,208 $15,416 $23,150 27 047 ** Plans are not available to City Retirees that retired on or after June 25, 2008, $590.00 $601.80 $668.33 $681. 70 $780.00 $795.60 $1,171.50 $1,194.93 1368.75 $1396.13 $582.33 $593.98 $659.75 $672.95 $770.00 $785.40 $1,156.33 $1,179.46 1 351.08 1 378.11 $380.42 $388.03 $427.50 $436.05 $489.83 $499.63 $711.00 $725.22 882.67 900.32 $971.50 $990.93 $1,100.67 $1,122.68 $1,284.67 $1,310.36 $1,929.17 $1,967.75 2 253.92 2 299.00 'I III - 32 - Item V-J.4. ORDINANCES/RESOLUTIONS ITEM # 59085 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) between the City and the Virginia Beach Parks and Recreation Foundation re: support of the mission of the Parks and Recreation Department Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11,2009 II I II I' 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MEMORANDUM OF 3 UNDERSTANDING BETWEEN THE CITY OF 4 VIRGINIA BEACH AND THE VIRGINIA BEACH 5 PARKS AND RECREATION FOUNDATION 6 7 WHEREAS, the Virginia Beach Parks and Recreation Foundation ("Foundation") 8 is a non-profit section 501 (c)(3) organization that was formed in 2004; and 9 10 WHEREAS, the purpose of the Foundation is to support the mission of the City of 11 Virginia Beach's Parks and Recreation Department ("Department"); and 12 13 WHEREAS, the responsibilities of the Foundation include securing, managing 14 and investing privately raised funds, gifts and bequests in support of the Department's 15 programs, services and facilities; and 16 17 WHEREAS, the City and the Foundation wish to formally memorialize the 18 responsibilities and obligations of the City and the Foundation in a Memorandum of 19 Understanding ("MOU"); and 20 21 WHEREAS, the initial term of the MOU is for five (5) years, and the MOU may be 22 renewed for additional five-year terms with the written consent of both parties. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 The City Manager is hereby authorized and directed to execute the 28 Memorandum of Understanding on behalf of the City of Virginia Beach. A copy of the 29 Memorandum of Understanding is attached hereto. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day 32 of AU9ust , 2009. Approved as to Content: Approved as to Legal Sufficiency: A.~~ City Attorney Office CA11247 July 27, 2009 R-2 II III I' SUMMARY OF TERMS Memorandum of Understanding Between the City of Virginia Beach and the Virginia Beach Parks and Recreation Foundation ("MOU") Parties: City of Virginia Beach, through Department of Parks and Recreation ("Department") Virginia Beach Parks and Recreation Foundation ("Foundation") Purpose: To memorialize the relationship of the parties Term: 5 years; may be renewed for additional 5-year periods Foundation's Responsibilities: . Foundation will secure, manage and invest privately raised funds, gifts and bequests in support of the Department's programs, services and facilities. City's Responsibilities: · Provide a staff liaison to the Foundation. · Provide a staff member to record Foundation meetings. · Provide graphic design assistance for marketing materials. · Suggest potential donors. · Allow use of the name and images of the Department. Other Terms: · Termination: MOU may be terminated by either party with 90 days written notice. · Governing Law and Venue: Virginia law governs agreement, and venue is in City of Virginia Beach. · Modification: MOU may only be modified by writing, executed by both parties. · Independent Contractors: Parties are acting in individual capacity and are not agents of one another. II II I' MEMORANDUM OF UNDERSTANDING between the CITY OF VIRGINIA BEACH and the VIRGINIA BEACH PARKS AND RECREATION FOUNDATION This Memorandum of Understanding ("MOU") is made by and between the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia ("City"), and the Virginia Beach Parks and Recreation Foundation, a not-for-profit Virginia nonstock corporation located in Virginia Beach, Virginia ("Foundation"). WHEREAS, the City, through its Department of Parks and Recreation ("Department"), owns, operates and maintains real estate, buildings and other recreational facilities, and operates a wide variety of parks and recreation programs and services; and WHEREAS, the Department maintains the stated VISion of a balanced, sustainable and value focused system of parks, recreation and public spaces that creates a sense of community; and WHEREAS, the Department's mission is to (1) deliver parks, recreation programs and public spaces that reflect the priorities of the community; (2) support tiered levels of service that recognize the diverse needs of the community; and (3) focus on sustainability of core programs, services and facilities through efficient and effective business practices; and WHEREAS, the Foundation was formed in 2004, and has functioned for the purpose of supporting the vision and goals of the Department; and WHEREAS, the primary purpose of the Foundation is to secure, manage and invest privately raised funds, gifts and bequests in support of the Department's programs, services, and facilities; and WHEREAS, the Foundation operates as a legal entity separate from the City, and is governed by an independently elected Boards of Directors, none of whom are employees of the City; and WHEREAS, the Foundation and the City wish to assure the continued success and prosperous growth of the Department by memorializing the responsibilities and obligations of the Foundation and the City. THEREFORE, in consideration of the mutual efforts to support the development of the Department, the City and the Foundation agree as follows: II III I' Section 1. Operating Procedures A. The Foundation shall communicate the following information to prospective donors: 1 . The Foundation is a separate, legal entity organized for the purpose of encouraging voluntary, private gifts, trusts, and bequests for the benefit of the Department. 2. Responsibility for governance of the Foundation, including investment of gifts and endowments, resides with the Foundation's Board of Directors. 3. Charitable gifts from donors to the Foundation in support of any of the Department's programs, services, or facilities should be made to the Foundation, and not to the City or the Department. 4. Any gift made for a designated purpose will be dedicated in its entirety to that purpose unless (a) it is specifically understood by the donor when the gift was made, or subsequently agreed to by the donor in writing, that an administrative charge will be applied or that the gift can be used for another purpose if the original purpose has been satisfied or (b) the Department objects to the designated purpose of the gift. B. The Foundation agrees that in accepting gifts of all kinds, the Foundation shall: 1. Advise donors that any restrictive terms and conditions the donor attaches to gifts for the Department are subject to the Department's approval. 2. Ensure that gifts designated for specific purposes are in compliance with the Department's master plans, vision, mission and philosophy before accepting the gift. 3. Coordinate its funding goals, programs and campaigns with the Department. 4. Receive prior written approval from the City Councilor its designee for any gift, grant, or contract that includes a financial or contractual obligation binding upon the City. C. The Foundation shall be responsible for reporting to a donor regarding the use of the donor's funds. III I' D. In return for the Foundation's contributions to and support of the Department and its programs, the City shall assist the Foundation in the following manner: 1. At the discretion of the Director of the Department, and consistent with applicable federal, state, and local law, and City policies and administrative directives, the City shall provide the Foundation with assistance as follows: a. Department shall provide a staff liaison to the Foundation; b. Department shall provide a staff member to record Foundation meeting minutes; and c. Department's Resource Development Bureau shall provide graphic design assistance for specific marketing materials, including Foundation stationary, fliers for the Annual Golf Tournament, sales packages, and sales materials for Bench Buddies, Tree Buddies, and the Urban Reforestation Fund programs. 2. Assist the Foundation by suggesting potential donors to the Foundation. 3. Allow the Foundation to use the name and images of the Department. The Foundation shall not be permitted to use the City Seal. Section 2. Record Keeping A. The City and the Foundation acknowledge and agree that all Foundation correspondence, financial records, and all Foundation documents are the property of the Foundation and shall be kept separate and apart from all City records. B. The Foundation shall maintain publicly available, updated copies of all of its enabling documents, including its articles of incorporation, bylaws and any amendments to thereto. The Foundation shall provide the City with a copy of its IRS Form 990 (Return of Organization Exempt from Income Tax) without accompanying documentation providing information concerning any specific Foundation donor. C. The Foundation shall prepare and reconcile on a monthly basis a Treasurer's Report. In addition, the Foundation should provide annually to the City a financial report prepared in accordance with Statements of Financial Accounting Standards 117 "Financial Statements for Not-for-Profit Organizations." The financial report shall be provided to the City on or before June 30 of each year during this MOU, but shall not include any information regarding individual Foundation donors. Section 3. Independent Contractors In the performance of this MOU, both the City and the Foundation will be acting in an individual capacity and not as agents, employees, partners or joint venturers or associates of one another. The agents or employees of one shall not be construed to II I III I' be the agents or employees of the other. City employees shall remain employees of the City, notwithstanding the fact that they may assist the Foundation. Neither the City nor its agents, volunteers, servants, employees or officials shall be responsible or liable for any claim or suit arising from contracts, agreements, understandings or arrangements made by the Foundation with any person or entity covering services or goods procured by the Foundation, or for the negligent or willful acts of the Foundation or those for whom the Foundation acts. Section 4. Term The initial term of this MOU will be for five (5) years, effective July 1, 2009 through June 30, 2014. This MOU may be renewed for additional five-year terms with the written consent of both parties. Section 5. Dispute Resolution The parties agree that if there is a dispute as to any provision of this MOU or if either party materially breaches or fails to perform its obligations under this MOU, the other party may give notice in writing of the dispute or material breach. The parties agree to meet to resolve the dispute or material breach within thirty (30) days of receipt of the notice. If the parties fail to resolve the dispute within sixty (60) days of such notice or such longer period, if agreed to in writing by the parties, the parties agree to bring in a mediator to resolve the dispute. Section 6. Notice Any notice or notices required or permitted to be given pursuant to this MOU shall be given by certified mail, postage prepaid, return receipt required, as follows: To the City: To the Foundation: II III I' Section 7. Termination This MOU may be terminated by either party by delivering written notice of termination to the non-terminating party at least ninety (90) days prior to the effective date of any termination. Section 8. Governing Law and Venue This MOU shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the law of the Commonwealth of Virginia, and all question arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this MOU shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. The Foundation shall comply with all federal, state and local statues, ordinances, and regulations now in effect or thereafter adopted, in the performance of its obligations set forth herein. Any and all suits for any claims or for any and every breach of dispute arising out of this MOU shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. Section 9. Mechanic's Liens During the term of this MOU, the Foundation will promptly remove or release any mechanic's or materialman's lien attached to or on the subject property or any portion, by reason of any act or omission by the Foundation, its contractors or agents in connection with the activities performed by the Foundation, and hold harmless the City and its agents, employees, volunteers, servants, and officials from any such lien or claim of lien. This provision shall survive the termination, cancellation, or expiration of the MOU. Section 10. Severability Any provision of this MOU which is prohibited or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof. Section 11. Entire Agreement The parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification to this MOU, except in writing, executed by the authorized representatives of the City and the Foundation. As evidenced by their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: II I III II CITY OF VIRGINIA BEACH By (Name) (Title) VIRGINIA BEACH PARKS AND RECREATION FOUNDATION By (Name) (Title) Approved as to Content: Approved as to Risk Management: Department of Parks and Recreation Risk Manager Approved as to Legal Sufficiency: Office of the City Attorney II III' - 33 - Item V-J.5. ORDINANCES/RESOL UTIONS ITEM # 59086 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the Development Authority's acquisition of the former Circuit City property; AMEND the FY2009-IO Capital Budget; and, APPROPRIATE $5.05 -Million for the purchase of the property. DISTRICT 5 - LYNNHA VEN Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 I III I' 1 AN ORDINANCE APPROVING THE ACQUISITION 2 OF THE FORMER CIRCUIT CITY PROPERTY 3 LOCATED AT 110 SOUTH INDEPENDENCE 4 BOULEVARD IN VIRGINIA BEACH, NAMELY (i) A 5 3.168 +/- ACRE PARCEL FROM CC-VIRGINIA 6 BEACH, LLC AND (ii) A 0.571 +/- ACRE PARCEL 7 FROM CIRCUIT OP VIRGINIA BEACH, L.P. BY THE 8 CITY OF VIRGINIA BEACH DEVELOPMENT 9 AUTHORITY AND APPROPRIATING FUNDS FOR 10 THE PURCHASE 11 12 WHEREAS, CC-Virginia Beach, LLC, ("CC-VB") and Circuit OP Virginia Beach, L.P. 13 ("Circuit OP", and collectively with CC-VB, "Seller"), approached the City of Virginia Beach 14 Development Authority ("Authority") about purchasing the property located at 110 15 Independence Blvd, formerly operated as a Circuit City retail store; 16 17 WHEREAS, the property offered for sale consists of a 3.168 +/- acre parcel owned 18 by CC-VB and a 0.571 +/- acre parcel owned by Circuit OP (collectively the parcels are 19 referred to as the "Property"); 20 21 WHEREAS, the Authority has identified the Property as having strategic value for 22 future economic development opportunities; 23 24 WHEREAS, the Authority is authorized to acquire real property for economic 25 development purposes as set forth in ~15.2-4905 of the Code of Virginia; 26 27 WHEREAS, the staff of the Authority and Seller have agreed on a purchase price of 28 Five Million Dollars ($5,000,000) for the Property; 29 30 WHEREAS, prior to entering into a contract to purchase the Property, the Authority 31 requests the City Council approve the acquisition and appropriate funds to fund the 32 acquisition including an estimated $50,000 in closing costs; and 33 34 WHEREAS, City Council is of the opinion that acquisition of the Property is in the 35 best interest of the City and would further the goals of the Authority. 36 37 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 38 VIRGINIA: 39 40 1. The City Council approves the acquisition of a 3.168 +/- acre parcel of real 41 property from CC Virginia Beach, LLC and a 0.571 +/- acre parcel of real property from 42 Circuit OP Virginia Beach, L.P., each located at 110 South Independence Boulevard, 43 Virginia Beach, Virginia, and depicted as Parcels 1 and 2 on Exhibit A, attached hereto II 1111' 44 (collectively, the parcels are referred to as the "Property") by the City of Virginia Beach 45 Development Authority for the amount of Five Million Dollars ($5,000,000). 46 47 2. The City Council hereby amends the FY 2009-10 Capital Budget by 48 appropriating $5,050,000 to Capital Improvement Project, 3-368 "Various Site 49 Acquisitions", for the purchase of the Property, with revenue from the issuance of Public 50 Facility Revenue Bonds increased accordingly. 51 52 3. The City Manager is hereby authorized to enter into an agreement providing 53 the Development Authority with up to $5,050,000 from CIP 3-368 to purchase the Property 54 and pay necessary closing costs, with this amount to be repaid to the City from Public 55 Facility Revenue Bonds issued by the Development Authority, and such other terms and 56 conditions deemed necessary and sufficient by the City Manager and in a form deemed 57 satisfactory by the City Attorney. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day 60 of August, 2009. Requires an affirmative vote by a majority of all of the Members of City Council APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF~ City Attorney's Office ~~ Economic Development APPROVED AS TO CONTENT: +;<- IAfAc..~ 19.1 APPROVED AS T~ 22Cl1l~ Q, Management Services CA11188 \ \vbgov.com\dfS I \applications\citylawprod\cycom32\ WpdocsID027\P005\00020056.DOC R-1 July 30,2009 .1 III I' SUMMARY OF TERMS PROPERTY SIZE AND LOCATION: 3.168 +/- acre parce110cated at 110 South Independence Boulevard and formerly operated as a Circuit City store GPIN 1477-43-7709 ("Parcel One"). 0.571 +/- acre parcel located at 110 South Independence Boulevard immediately to the west of Parcell GPIN 1477-43-5719 ("Parcel Two"). SELLER: CC Virginia Beach, LLC, a Delaware limited liability company, is seller of Parcel One. Circuit OP Virginia Beach, L.P., a Texas limited partnership, is seller of Parcel Two. BUYER: City of Virginia Beach Development Authority ZONING: B-3 AICUZ: N/A SALE PRICE: $5,000,000 ANTICIPATED CLOSING COSTS: Approximately $50,000 SPECIAL TERMS AND CONDITIONS: · Authority to pay $250,000 deposit upon signing of the purchase contract. · Authority to pay 1 % early termination fee on existing loan of approximately $30,185. I Ivbgov .comldfS 1 \applications\citylawprodlcycom32\ Wpdocs\D028\P005\00020315.DOC .1 III I: ., ~ .; .... .... III I' - 34 - Item V-J.6.a/b ORDINANCES/RESOLUTIONS ITEM # 59087 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to AUTHORIZE the City Manager to execute Leases: a. a parcel of land at Rudee Inlet to the United States of America (Coast Guard) re: navigational aid purposes b. temporary residence to John Charalambous at 1400 Laskin Road Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 II I III I' 1 AN ORDINANCE APPROVING THE LEASE 2 OF AN APPROXIMATELY 6' X 6' PARCEL OF 3 CITY LAND LOCATED TWENTY-FIVE FEET 4 (25') FROM THE END OF THE 5 BREAKWATER ON THE NORTH SIDE OF 6 RUDEE INLET, VIRGINIA BEACH, VIRGINIA 7 8 9 WHEREAS, the City of Virginia Beach, Virginia (the "City") is the owner of an 10 approximately 6' x 6' parcel of land located twenty-five feet (25') from the end of the 11 breakwater on the north side of Rudee Inlet in the City of Virginia Beach (the 12 "Premises"); 13 14 WHEREAS, the United States of America (Coast Guard) (the "Coast Guard") 15 currently leases the Premises from the City, and such lease expires September 30, 16 2009; 17 18 WHEREAS, the Coast Guard would like to enter into a new formal lease 19 arrangement with the City for the purpose of continuing its maintenance of a light 20 tower and associated navigational aids on the Rudee Inlet North Jetty; and 21 22 WHEREAS, the Premises will be utilized for navigational aid purposes and 23 for no other uses. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for a term of one 29 year (with four one-year options to renew) between the United States of America and 30 the City, for an approximately 6' x 6' parcel of land located twenty-five feet (25') from the 31 end of the breakwater on the north side of Rudee Inlet in the City of Virginia Beach, in 32 accordance with the Summary of Terms attached hereto and made a part hereof, and 33 such other terms, conditions or modifications deemed necessary and sufficient by the 34 City Manager and in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day 37 of August ,2009. I III I' APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: t:b5t~/q S,igna~l- ( Je; "lYu S Me... ~I c-3 Depaftment ~~ City Attorney's Office CA11186 \ \vbgov.com\dfs I \applications\citylawprod\cycom32\ WpdocsID029\P005\0002034 7 .DOC R-1 July 30, 2009 I III SUMMARY OF TERMS LEASE FOR THE USE OF 6' X 6' PARCEL OF CITY PROPERTY FOR NAVIGATIONAL AID PURPOSES LESSOR: City of Virginia Beach LESSEE: United States of America (Coast Guard) PREMISES: Thirty-six square feet (6' x 6') of land owned by the City located twenty-five (25') from the end of the breakwater on the North side of Rudee Inlet, Virginia Beach, Virginia. TERM: October 1, 2009 through September 30, 2010, with four options to renew for one year each. RENT: Rent shall be One Dollar ($1.00) per annum. RIGHTS AND RESPONSIBILITIES OF LESSEE: . May use the Premises for navigational aid operations and no other purpose. Any unauthorized use of the Property shall constitute a breach of the lease and cause its immediate termination. . To the extent permitted by law, assumes the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its officers, invitees, employees and agents associated with the use of the Premises. RIGHTS AND RESPONSIBILITIES OF THE CITY: . Assumes responsibility for the maintenance of the Premises and the means of ingress and egress during the lease term. . Shall notify the Lessee prior to the placement of any item onto the structure which holds the navigational aids and associated equipment. TERMINATION: The Lessee may terminate this lease upon giving the City thirty (30) days' written notice. II .1 III I' II II III I' 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR SIX 3 MONTHS WITH JOHN CHARALAMBOUS FOR 4 CITY-OWNED PROPERTY LOCATED AT 1400 5 LASKIN ROAD 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 8 certain parcel of property located at 1400 Laskin Road (the "Property") in Virginia 9 Beach, Virginia; 10 11 WHEREAS, the City acquired the Property from John Charalambous 12 ("Charalambous") in 2002 as part of the City's future development plans for 13 Laskin Road; 14 15 WHEREAS, Charalambous has occupied the Property on a month-to- 16 month basis since the City's acquisition of the Property, and would now like to 17 enter into a formal Lease Agreement with the City for the Property; 18 19 WHEREAS, the term of the Lease Agreement is six (6) months with four 20 (4) options to extend for one (1) year each; 21 22 WHEREAS, Charalambous has agreed to pay the City $1,300 per month 23 for the first six months, with rent increasing by 3% per year for each exercised 24 renewal; and 25 26 WHEREAS, the Property will be utilized as a single-family residence and 27 for no other purpose; 28 29 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for the 33 Property for a term of six months (with four (4) one-year renewal terms) between 34 John Charalambous and the City, in accordance with the Summary of Terms 35 attached hereto and made a part hereof, and such other terms, conditions or 36 modifications as may be acceptable to the City Manager, and in a form deemed 37 satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th 40 day of August ,2009. I " I APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT ~~ Signature f)~ Signature - - 7 l)/ftS- / kc !~-c:> /'tg'- Department CA 11189 \ \vbgov.com\dfs 1\applications\citylawprodlcycom321 WpdocsID0231P0051000 19774. DOC R-1 July 30, 2009 'I III II SUMMARY OF TERMS Lease with John Charalambous for the residence located at 1400 Laskin Road, Virginia Beach, VA 23451 LESSOR: City of Virginia Beach LESSEE: John Charalambous PREMISES: 1400 Laskin Road, Virginia Beach, VA (GPIN 2417-19-7442) TERM: 6 months: September 1, 2009 through February 28, 2010. Lessee may renew for up to four (4) one-year periods. RENT: $1300 per month, with annual increases equal to 3% for each exercised renewal RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use Premises solely for a single-family domicile. . Pay for all utilities and related service connections. . Maintain the Premises. . Procure and maintain public liability insurance with limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: . City not responsible for any maintenance or repairs to the Property. . Reserves right to enter upon the Premises without notice to Lessee in emergency situations, or at reasonable times during non-emergency situations. TERMINATION: City may terminate the Lease for any reason by giving thirty (30) days' written notice to Lessee. Ilvbgov. comldfs 1 lapplicationslcitylawprodlcycom3 21 WpdocsID029\P005100020343.DOC ..Il ~ -- . 1""1 ,.... ..... -- ...~... ........ xnC c.. <( ~ z o - ~ U o ....I I , ,I III I' II IIII - 35 - Item V-J. 7. ORDINANCES/RESOLUTIONS ITEM # 59088 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute an Installment Purchase Agreement re: Agricultural Land Preservation (ARP) Easement for the Spence property at 448 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 II ,I III 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $1,077,994. (PROPERTY OF JUDITH SPENCE BRUMLEY 6 AND EARL RONALD SPENCE) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $1,077,994; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 2.9200% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.9200% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the II III I' 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11 thday of 65 August ,2009. CA11187 \\vbgov.comldfs1 lapplicationslcitylawprodlcycom321W pdocs1D0221P005100019602. DOC R-1 DATE: July 28, 2009 aL----- Agriculture Department FFICIENCY: APPROVED AS TO CONTENT: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: (7 JM~cL () g)uJLr- Director of Finance 2 II III I' AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2009-93 SUMMARY OF MATERIAL TERMS SELLER: BRUMLEY, SPENCE JUDITH and SPENCE, EARL RONALD PROPERTY LOCATION: 448 Princess Anne Road, Princess Anne District. PURCHASE PRICE: $1,077,994 EASEMENT AREA: 116.54 acres, more or less DEVELOPMENT POTENTIAL: 12 single-family dwelling sites (10 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.9200% (actual rate to be determined when STRIPS are purchased prior to execution oflPA). Rate may not exceed 5.9200% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery oflP A. II I III I' en ~CD ~t5 G) CO o.~ O .,,------- - ....., - --- ... - D..~ G)~ (.) I C-C G) CO 0.0 me:: ~~ ~c (1)<( - en E ~ ::1 u ... c m -;:: c.. II ,I III I' - 36 - Item V-J. 8. ORDINANCES/RESOLUTIONS ITEM # 59089 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE Temporary Encroachments into a portion of City owned property at 2401 Broad Bay Road for William George Bachsmith to construct and maintain a bulkhead, an existing wood privacy fence. boatliji, mooring piles. steps and a wharf DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all, or any part, of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee; that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and. that the Grantee will bear all costs and expense of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee, 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). August II, 2009 II III I - 37 - Item V-J.8. ORDINANCES/RESOLUTIONS ITEM # 59089 (Continued) 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline; shall run the entire length of the shoreline; shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer "). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer, as determined solely by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination oj, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 10. It isfurther expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee. and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter; and, may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. August 11. 2009 II III I' - 38 - Item V-J.8. ORDINANCES/RESOLUTIONS ITEM # 59089 (Continued) Voting: 9-0 Council Members Voting Aye: Glenn R. Davis. Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin. Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 II I 1,1 I' 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS ISLAND LAKE 7 LOCATED AT THE REAR OF 2401 8 BROAD BAY ROAD FOR WILLIAM 9 GEORGE BACHSMITH 10 11 WHEREAS, William George Bachsmith desire to construct and maintain 128 12 linear feet of vinyl bulkhead, a portion of an existing wood privacy fence, a 12' X 12' 13 boatlift atop four 8" X 30' piles, mooring piles (5), steps, and a 6' X 63' wharf, all upon a 14 portion of City property known as Island Lake located at the rear of 2401 Broad Bay 15 Road, in the City of Virginia Beach, Virginia. 16 17 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in 99 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, William George Bachsmith, 25 his heirs, assigns and successors in title are authorized to construct and maintain the 26 temporary encroachments for 128 linear feet of vinyl bulkhead, a portion of an existing 27 wood privacy fence, a 12' X 12' boatlift atop four 8" X 30' piles, mooring piles (5), steps, 28 and a 6' X 63' wharf upon a portion of City property known as Island Lake as shown on 29 the map marked "EXHIBIT A" and entitled: "ENCROACHMENT REQUEST - "EXHIBIT 30 A" FOR BILL BACHSMITH LOT 71 SECTION ONE, SUBDIVISION OF BAY ISLAND 31 (M.B. 45 PG. 37) FEBRUARY 20, 2009" a copy of which is on file in the Department of 32 Public Works and to which reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and William George Bachsmith (the "Agreement"), which is 3 7 attached hereto and incorporated by reference; and 38 3 9 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 4 0 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as William George Bachsmith and the City Manager or his authorized designee 44 execute the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day 47 of Auqust 2009. II CA-10744 X:IOIDlREAL ESTATEIEncroachmentslPW OrdinanceslCA10744 Bachsmith Ordiance.doc V:lapplicalionslcilylawprodlcycom32lWpdocslDO 181P003100062775. DOC R-1 PREPARED: 7/1/09 APPROVED AS TO CONTENTS III I' APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~L"lJ(,\&l ~Cl,.t((J'M\~ CITY ATTORNEY I II -:- ~ " . ...~ - . .. >~ r-,,.,. ".. ~ .,.' '. ~. . . . ..' .... ~.., ~ . ",., .' 'I , .) '" ,". ; ,,,::,: '~..~~") , ,. ~ ," ,~ .~ ' ~ t ...-;.;.,;. <:. : [t:d.: c. 'j'" ,A' ..tf;"./.~". ,.:/ .": . ....:: .;.;~..I:'" :...",: . 5O\!Tij\N1':>~ i>~- #.. ,.,... ......"" . ...:,..., .- . .. ."....... ~ " " -- ,of> "; i'.~ . " ."'~ :o~,.. #". ~,,.,' . '" f,"/" ."" . ll.~~...... .~M...... ~{~... -, 1\ '$ ~ ~ t ~ i ~~~ ~ "\ :>ad.~~ ~ 0.. - 'D. c.a ~'!~~~ ~ . u-o H\G) d.. S t-" .... .... do. ~ ~ 'Zm~~~ '& :r- g ~ ';" 0 ~ '\ ~ 'd.~o ~~ It 4 OO~COo.. ~ ~ Od.~~C) ~ :1~d.~ \ o '::\ C'l "2: Z ::! 9.:. \113 )( et- a II I III II PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 25th day of June, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM GEORGE BACHSMITH, widower, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "71" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE, CO., VA. L YNNHAVEN MAGISTERIAL DISTRICT", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2401 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 128 linear feet vinyl bulkhead, a portion of an existing wood privacy fence, a 12' X 12' boatlift atop four 8" X 30' piles, mooring piles (5), steps and a 6' X 63' wharf, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) 1499-98-5801-0000 II WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Island Lake located at the rear of 2401 Broad Bay Road, Virginia Beach, Virginia, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: The Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST - "EXHIBIT A" FOR BILL BACHSMITH LOT 71 SECTION ONE, SUBDIVISION OF BAY ISLAND (M.B. 45 PG. 37) FEBRUARY 20,2009 ," a copy of which is attached hereto as "EXHIBIT A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 ;1 " I It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall 3 II III I' consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be establis hed during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for ins pection; upon satisfactory completion of the Buffer as determined solely by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements as established by the City. 4 II " I It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to 1he Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, William George Bachsmith, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK) 5 II .1 III II CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk! Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: 6 II " I / U<</, G/ ' ~. William Geor e Bachsmith STATE OF VIRGI~' ~ CITY/~ OF I.'~>>"~ to-wit: The foregoing instrument was acknowledged before me this ~ day of ~. 0 ' 2009, by William George Bachsmith. ~u~,~~) Notary Registration Number: ...,. ~ ..., .....,.- -. e.....4lI..,. JI ..'" My Commission Expires: APPROVED AS TO LEGAL SUFFICIENCY AND FORM {\ \.1 tt. j, jLA (A Nell L. F'ord, ~:"X("..; ( (' ,,/.;d' for the City Attorney APPROVED AS TO CONTENTS ,amr4'~ C .r': ", cvJS ty-.."-.. sid A TURE P' R' ~ C ,+-t- W .M} C (Y!C) t DEPARTMENT G:IUSERSISHAREDIWP80\REIReal Estate FormslWORD DOCSIENCROACHMENTSIENCROACHMENT,AGREEMENT .doc 7 II / EX. CONC. WAll.. & RCP FOR DRAINAGE PROPOSED 128 UNEAR FEET VINYL BULKHEAD S 58"08'03" W 125.02' TOP OF PILE ELEVATIONS LOW WHARF 9.5 ABV MLW ALL OTHERS 11.5 M5V MLW IS' LANDSCAPE BUFFER TO INCLUDE: MEXICAN FAN PALMS (7) SNOW WHITE INDIAN HAWTHORNS (4) SPINNEY PALM (1) JELLY PALM (1) GARDENIA'S (2) FATZIA (4) LOW GROWING GRASSES (9) PAMAPS GRASS (2) L&J Z ~ ......... 3: ........... 0::: .. o to -.....; GPIN: 1499 98 5801 ZONING: R-20 APO'S: 1. CITY OF VIRGINIA BEACH 2. JAMES ALEXANDER 3. DANA JACKSON 4. WOLFGANG BAY ENGINEERING SERVICES PROVIDED BY: PROfESSIONAl CONSTRUCTION CONSULTANTS. LLC. PHONE: (757) n3-8084 [MAlL: PCCLLCOCOX,NET APC 3 N/F DANA JACKSON 2400 WINDWARD SHORE DR. GPIN: 1499-98-6630 PROPOSED N E 12'x12' BOATLIFT ISLA 0 LAK .ATOP FOUR (4) 8"~x30' PILES APO 4 N/F WOLFGANG BAY 2404 WINDWARD SHORE DR. GPIN: 1499-98-5533 BULKHEAD TO BULKHEAD ~~IW, ~~QM MOORING PILES (5) 35 W' ~ + ..... + '!C;,~-,.",. ... + ~ f ~ ))+ ..., '" '" ... ... ... ... ... MLW & MHW REACH EX. BULKHEAD -I~..I.., '___' UI (,) ~ ~ O!: '" Q. 15' LANDSCAPE BUFFER REMOVE EX. WHARF (HATCHED AREA) ~ ~ io (0 en (0 I' ;---~--+- - . -, ~-- - . __ ,-----I EX. WOOD DECK o o N I""- ~ w . N i-- '<t b ,..., :z . N STORY BRICK #2401 -~- ~ --.-;":)-- .:.,. . b t") .. (I) ~. E)C. . CONC. ., ."' DRIVE - APC 2 N/F JAMES ALEXANDER 2405 BROAD BAY ROAD GPIN: 1499-98-3784 ~., ~. ., "" -. i I L .,' .:..:_--~------ --' ," ./ N 59'12'48" E 125.00' BROAD BAY ROAD (50. R/W) REV: MAY 27, 2009 SCALE: 1 "=30' ENCROACHMENT REQUEST - "EXHIBIT Aft FOR BILL BACHSMITH LOT 71 SECTION ONE, SUBDIVISION OF BAY ISLAND (M.B, 45 PG. 37) FEBRUARY 20, 2009 SHEET 1 OF :1 III I' - 39 - Item V-J.9.a-g. ORDINANCES/RESOLUTIONS ITEM # 59090 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $881,256 the Edward Byrne Justice Assistance Grant from the United States Department of Justice re: Public Safety and Criminal Processing as follows: a. $282,636 to the Police Department re: the purchase of driving course vehicles and tasers b. $203,000 to the SherifFs Department re: a biometric access system, security control center and Accurint law enforcement search software c. $184,800 to the Commonwealth's Attorney re: case management software d. $88,864 to the Youth Opportunities Office re: temporary youth positions, program coordinator, prevention specialist, skills teacher and supplies associated with the Summer youth employment program e. $58,331 to Community Corrections re: a temporary pretrial investigator, substance abuse services and the purchase of a printer/scanner f $46,000 to the Circuit Court re: a temporary office assistant and media evidence display system g. $17,625 to the Court Services Unit re: a temporary clerical position and the purchase of software Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August II, 2009 I III I' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR PUBLIC SAFETY AND CRIMINAL 3 PROCESSING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $881 ,256 is hereby accepted, with federal revenues increased accordingly, 9 from the Edward Byrne Justice Assistance Grant, through the United States Department of 10 Justice, and appropriated to the following agencies and departments as set forth below: 11 12 a. $282,636 to the Police Department for the purchase of driving course vehicles 13 and tasers; 14 b. $203,000 to the Sheriff's Department for a biometric access system, a security 15 control center, and Accurint law enforcement search software; 16 c. $184,800 to the Office of the Commonwealth's Attorney for case management 17 softwa re; 18 d. $88,864 to the Youth Opportunities Office for temporary summer youth 19 positions, a temporary program coordinator position, a temporary prevention 20 specialist position, a temporary skills teacher, and for supplies associated with 21 the summer youth employment program; 22 e. $58,331 to Community Corrections for a temporary pretrial investigator, 23 substance abuse seNices, and to purchase a printer/scanner; 24 f. $46,000 to the Circuit Court for a temporary office assistant and a media 25 evidence display system; and 26 g. $17,625 to the Court SeNices Unit for a temporary clerical position and to 27 purchase software. 28 29 2. That all positions funded through this grant shall be eliminated when grant 30 funding expires. of Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th August 2009. day Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: ~~gN;~ Approved as to Legal Sufficiency: :Q~ ~ CA11253 R-2 July 29, 2009 I III I' - 40- Item V-J.10. ORDINANCES/RESOLUTIONS ITEM # 59091 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $100,000 Grantfrom the Us. Department of Homeland Security through the Virginia Department of Emergency Management to the FY2009-10 Operating Budget of the Fire Department re: tactical rescue equipment and training costs of the Tidewater Regional Technical Rescue Team Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 II I III I' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE DEPARTMENT OF HOMELAND 3 SECURITY TO THE FY 2009-10 OPERATING 4 BUDGET OF THE FIRE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) Funds are hereby accepted, with estimated revenues increased accordingly, 10 from the U.S. Department of Homeland Security through the Virginia 11 Department of Emergency Management in the amount of $100,000; and 12 13 2) Appropriations to the FY 2009-10 Operating Budget of the Fire Department 14 for tactical' rescue equipment and training costs associated with the 15 Tidewater Regional Technical Rescue Team are increased by $100,000. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day 18 of August ,2009. 19 20 Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: :iJ [ffi ~\ 0 . Management Services ~~~~ce CA11242 R-2 July 13, 2009 II III I - 41 - Item V-J.il. ORDINANCES/RESOLUTIONS ITEM # 59092 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIA TE a $124,100 Grant from the u.s. Department of Homeland Security through the Virginia Department of Health. Office of Emergency Medical Services to the FY2009-10 Operating Budget of the Emergency Medical Services (EMS) re: "ToughBook 19" computers to equip thirty-four (34) permitted ambulances belonging to the ten (10) Volunteer Rescue Squads Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 II 'I III II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY TO THE FY 2009-10 OPERATING BUDGET OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) Funds are hereby accepted, with estimated revenues increased accordingly, from the U.S. Department of Homeland Security through Virginia Department of Health, Office of Emergency Medical Services in the amount of $124,100; and 2) Appropriations to the FY 2009-10 Operating Budget of the Department of Emergency Medical Services to fund the costs of 34 Panasonic "ToughBook 19" computers to equip 34 permitted ambulances belonging to the ten Volunteer Rescue Squads are hereby increased by $124,100. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of August, 2009. Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: 1?~~ ity Attorney's Office CA11241 R-2 July 10, 2009 ,I III - 42 - Item V-J.i2. ORDINANCES/RESOLUTIONS ITEM # 59093 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $1,200,400 from the u.s. Department of Criminal Justice Services through the 2008 State Homeland Security Grant to the FY2009-10 Operating Budget of the Police Department re: the purchase of equipment to react and respond to potential acts of terrorism. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 'I III 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDING TO THE FY 2009-10 OPERATING 3 BUDGET OF THE POLICE DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $1,200,400 is hereby accepted, with federal revenues increased 9 accordingly, from the U.S. Department of Justice Services through the 2008 State 10 Homeland Security Grant and appropriated to the FY 2009-10 Operating Budget of the 11 Police Department. 12 13 2. Grant funds will be used for the purchase of equipment to be used when 14 reacting and responding to the potential acts of terrorism. The items purchased with 15 these grant funds are not guaranteed to be replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of Auqust 2009. Requires an affirmative vote by a majority of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: f)n^^~Q~)~ Management Services J?~~ffiCe- CA11254 R-3 July 30, 2009 II ,I III - 43 - Item V.J.13. ORDINANCES/RESOLUTIONS ITEM # 59094 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $18,750 Grantfrom the Us. Department of Homeland Security through the Virginia Department of Emergency Management to the FY2009-IO Operating Budget of the Fire Department re: the Southside Regional Haz-Mat Team. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 II I III I' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL GRANT FUNDS TO THE FY 2009-10 3 OPERATING BUDGET OF THE FIRE DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) Funds are hereby accepted, with estimated federal revenues increased 9 accordingly, from the U.S. Department of Homeland Security through the 10 Virginia Department of Emergency Management in the amount of $18,750. 11 12 2) Appropriations to the FY 2009-10 Operating Budget of the Fire Department 13 for chemical, biological, radiological, nuclear, and explosive response 14 training costs associated with the Southside Regional Haz-Mat Team are 15 increased by $18,750. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day 18 of Auqust ,2009. 19 20 Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: J)~Q~ Management Services Approved as to Legal Sufficiency: v~~ CA 11251 R-2 July 23, 2009 II III I: - 44- Item V-J.14.alb/c. ORDINANCES/RESOLUTIONS ITEM # 59095 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance re Virginia Department of Health, Office of Emergency edical Services (EMS) re: the Rescue Squad Assistance Fund (RSAF) State Grant: a. ACCEPT and APPROPRIATE $152,680 to Emergency Medical Services (EMS) FY2009-IO Operating Budget re: purchase of defibrillators and suction units b. TRANSFER $135, 638from the FY2009-IO Operating Budget of the Department of Emergency Medical Services (EMS) re: the local match c. TRANSFER $17, 042 from the FY2009-JO Operating Budget of the Department of Fire re: the local match Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August II, 2009 I III I' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE GRANT FUNDS TO THE FY 2009-10 3 OPERATING BUDGET OF THE DEPARTMENT OF 4 EMERGENCY MEDICAL SERVICES AND TO 5 TRANSFER FUNDS FOR THE REQUIRED LOCAL 6 MATCH 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1) Funds are hereby accepted, with estimated State revenues increased 12 accordingly, from the Virginia Department of Health, Office of Emergency Medical 13 Services, for a Rescue Squad Assistance Fund (RSAF) Grant in the amount of 14 $152,680. 15 16 2) Appropriations to the FY 2009-10 Operating Budget of the Department of 17 Emergency Medical Services for the purchase of defibrillators and suction units are 18 hereby increased by $152,680. 19 20 3) Transfer $135,638 from the FY 2009-10 Operating Budget of the 21 Department of Emergency Medical Services to this new grant fund, "RSAF Defibrillator 22 and Suction Units '10" as part of the local match. 23 24 4) Transfer $17,042 from the FY 2009-10 Operating Budget of the 25 Department of Fire to this new grant fund, "RSAF Defibrillator and Suction Units '10" for 26 the remainder of the local match. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of Auqust , 2009. Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: h~()L~ Management Services '?~ e1fy A r ey's Offi~ CA11250 R-2 July 23, 2009 III I' - 45 - Item V-J.15. ORDINANCES/RESOLUTIONS ITEM # 59096 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to TRANSFER $650,000 from Fire Training Center Improvements- Phase III to FY2009-JO Operating Budget of the Fire Department re: protective turnout gear. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August J J, 2009 I III I' 1 AN ORDINANCE TO TRANSFER FUNDS FROM 2 CAPITAL PROJECT #3-133, FIRE TRAINING 3 CENTER IMPROVEMENTS - PHASE III TO FY 2009- 4 10 OPERATING BUDGET OF THE FIRE 5 DEPARTMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1) Funds are hereby transferred from capital project #3-133, "Fire Training 11 Center Improvements - Phase III" in the amount of $650,000 to the FY 12 2009-10 Operating Budget of the Fire Department for the State Fire 13 Programs Grant to replace protective turnout gear. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of Augus,t:2009. Approved as to Content Approved as to Legal Sufficiency J) :P~~. -- City A nE(, Office CA11252 R-2 July 28,2009 'I I III I; - 46- ITEM # 59097 K. PLANNING 1. BROOKS and DARCEL STEPHAN SUBDIVISION VARIANCE 2. 1000 NORTH GREAT NECK ROAD LLC MODIFICAITON OF CONDITION NO.1 APPROVED BY CITY COUNCIL 10/14/2003 RE SELF-STANDING SIGN 3. OCEAN A CHURCH OF CHRIST/MONARCH CONDITIONAL USE PERMIT PROPERTIES, INC. 4. NEPTUNE FITNESS MOUNTAIN VENTURES/ CONDITIONAL USE PERMIT MOUNTAIN VENTURES, VIRGINIA BEACH, LLC 5. ENDEA VOR ENTERPRISES, L.L.c. CONDITIONAL CHANGE OF ZONING 6. CITY ZONING ORDINANCE (CZO) REGULATIONS WIND ENERGY SYSTEMS August 11, 2009 1111' - 47 - Item V-K. PLANNING ITEM # 59098 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2, 4, 5 (DEFERRED INDEFINITELY) and 6 (DEFERRED INDEFINITELY) of the PLANNING BY CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 II I 1111' - 48 - Item V-K.l. PLANNING ITEM # 59099 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED the application of BROOKS and DARCEL STEPHAN for a Subdivision Variance re: the reconfiguration of two (2) existing lots into three (3) lots at 3040 and 3052 Little Haven Road. Application of BROOKS and DARCEL STEPHAN for a Subdivision Variance re: the reconfiguration of two (2) existing lots into three (3) lots at 3040 and 3052 Little Haven Road (GPIN: 14982421950000, 14982318480000) DISTRICT 5 - LYNNHA VEN The following condition shall be required: 1. When the property is subdivided, it shall be in substantial conformance with the plan entitled, "Subdivision of Lots 16 & 17, replat of Subdivision of Little Haven," prepared by Gallup Surveyors & Engineers, Ltd., dated March 26, 2009, which has been exhibited to the City Council and is onfile in the Planning Department. Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis. Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 :1 III I' - 49- Item V-K.2. PLANNING ITEM # 59100 The following registered in SUPPORT: Attorney Lentz Bergethon, 448 Viking Drive Suite 170, represented the applicant, 1000 North Great Neck Road, LLC (WAVE Church). WAVE Church is a charitable member of the Virginia Beach community serving thousands of citizens through religious services, community outreach and other charitable programs. Mr. Bergethon presented a petition of approximately 2,000 residents in support of the project. Said petition is hereby made a part of the record. For nearly fifty (50) years, WA VE Church has been in the process of building a "state of the art" awardwinningfacility as Phase II of its building plan on Great Neck Road to be utilized by the community. This application was originally submitted in June 2008, deferred to zoning in September and redirected to Planning on October 8, 2009, deferredfor another ninety (90) days until finally approval by the Planning Commission on July 8, 2009. WAVE Church is requesting permission to update the existing single sided sign located at the corner of North Great Neck Road and Old Donation Parkway. The proposed double sided self standing sign will be an electronic message sign similar to the ones in use at Cox High School, First Colonial School and Lynnhaven Middle School. The height of the proposed sign, through proffers, has been reducedfrom the original request of twelve (12) feet to eight (8) feet in height, substantially below those at Cox and Lynnhaven Middle. The proposed new sign will be a reduction to forty-two (42') square feet. Paul Murdock, Mortgage Consultant - American Mortgage, 1012 Assembly Drive, resident of Michaels Glen neighborhood, Phone; 971-2244, located directly behind WA VE Church stated "this one sign will compliment the building ". Larry Everett, 2544 Peritan Road, Phone: 735-0422, real estate investor. Mr. Everett resides approximately two (2) miles from the location. Dr. Charles Llewellyn, 865 Old Cutler Road (Great Neck Meadows), Phone: 481-0456, Scott Taylor, 2201 Hunters Wood Way, Phone: 343-3808, resident of Lake Trant The following registered in OPPOSITION: Captain Jim Fry, Michael's Glen, 1004 Assembly Drive, Phone: 496-9453, residence is directly located adjacent to the east side of the Wave Church property. His statement is hereby made a part of the record. Captain Fry referenced petition of over 1600 signatures in OPPOSITION The Wave Church is surrounded on three (3) sides by residential single family homes. The sign is out of character for a neighborhood, which isfree of LED signs, one mile north and two miles south of the intersection. Keith Canty, 25-year resident of Trant Berkshire, licensed Realtor, 1005 Little Lake Drive, Phone: 879- 3854, This statement is hereby made a part of the record. The proposed new signage to be located in a clearly residential area by Wave Church, which occupies the site, does not match the nature or character of either the neighborhoods nor the corridor. Andrea Riddle, 2508 Little Lake Court, Phone: 496-3366, licensed Realtor. Ms. Riddle advised she had the first Aqua cultural permit in the City of Virginia Beach (seafood business) and was not allowed signage of any type. Copy of statement is hereby made a part of the record. Anges Hansen, resident of the Southern Points neighborhood, 2301 Inlynnview Road. Phone: 481-9101, Ms, Hansen's home is across the street from the Church and the sign will be no more than 15-20 yards from her front yard. Tony Franzitta, President - Great Neck Meadows Civic League, USN, Retired, 964 Commodore Drive, Phone: 481-1991. August 11, 2009 ,I 1,1 I' - 50 - Item V-K2. PLANNING ITEM # 59100 (Continued) Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED/MODIFIED/ADDED TWO (2) CONDITIONS RE LOCATION and LANDSCAPING, Application of 1000 NORTH GREAT NECK ROAD LLC (WAVE Church) for the Modification of Condition No. I (approved by City Council on October 14, 2003, re: a self-standing sign Virginia Beach Christian Life Center) at the corner ofN. Great Neck Road and Old Donation Parkway. ORDINANCE UPON APPLICATION OF 1000 NORTH GREAT NECK ROAD LLC, RE MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON OCTOBER 14,2003 (VIRGINIA BEACH CHRISTIAN LIFE CENTER), 1000 N. GREAT NECK ROAD. Ordinance upon application of 1000 NORTH GREAT NECK ROAD LLC (WA VE Church) for the Modification of Condition No. I (approved by City Council on October 14, 2003, re: a self-standing sign Virginia Beach Christian Life Center) at the corner of N. Great Neck Road and Old Donation Parkway. DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. All conditions, with the exception of Number I attached to the Conditional Use Permit granted by the City Council on October 14, 2003, remain in effect. 2. Condition Number I of the October 14, 2003, Conditional Use Permit is deleted and replaced with the following: The site shall be developed in accordance with the submitted plans titled "WA VE CHURCH; Great Neck Road; Virginia Beach, Virginia, SITE PLAN", prepared by Tymoff & Moss Architects, dated June 26, 2008. Said plans have been exhibited to the City Council and are onjile with the Department of Planning. 3. The following shall be considered an additional condition of the October 14, 2003, Use Permit: a. The free-standing sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light- emitting diode (LED) sign. The sign shall have no video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location and shall be no higher than eight (8) feet. A Landscape Plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planningfor approval. b. The LED sign shall not be used to promote or advertise any other businesses, institutions or events other than those related to the church located on the property. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reductionfor night and cloudy conditions and LED output increase for daytime sunny conditions), August II, 2009 ,I III - 51 - Item V-K.2. PLANNING ITEM # 59100 (Continued) d No portion of the material displayed by the free-standing sign, including backgrounds, colors, pictures, lettering or other graphics, shall be changed more frequently than once every eight (8) seconds. This shall not prohibit a single element on any static image from movement (as in a butterfly or bouncing ball moving across the screen during a static image message). e. One building-mounted sign consistent with the submitted photo enhanced elevation shall be allowed. The lighting methodfor the sign shall be submitted to the current Planning Division of the Department of Planning for approval. f The two (2) existing LED signs located on the site shall be removed Said signs may be replaced with one (1) free-standing sign (in addition to the sign described in paragraph (a) above). The sign shall be without electronic display, shall meet sign ordinance requirements and shall be installed at the Old Donation Parkway entrance into the parking area at the entrance furthest away from the intersection with Great Neck Road An elevation drawing and Location Plan of such sign shall be submitted to the current Planning Division of the Department of Planning for approval. There shall be no pulsating or flashing lights on said sign. 4. The sign shall be located one hundred twenty (120) feet further to the North. 5. A Landscaping Plan for the base of the sign shall be submitted by the applicant to the Planning Staff for their approval. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh of August, Two Thousand Nine Voting: 8-1 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Vice Mayor Louis R. Jones. Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 ;1 III I! - 52 - Item V-K3. PLANNING ITEM # 59101 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of OCEAN A CHURCH OF CHRISTI MONARCH PROPERTIES, INC for a Conditional Use Permit re: a church at 1789 London Bridge Road. ORDINANCE UPON APPLICATION OF OCEAN A CHURCH OF CHRISTI MONARCH PROPERTIES, INC FOR A CONDITIONAL USE PERMIT RE: A CHURCH AT 1789 LONDON BRIDGE ROAD. R080935362 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OCEANA CHURCH OF CHRISTI MONARCH PROPERTIES, INC for a Conditional Use Permit re: a church at 1789 London Bridge Road (GPIN: 24050450810000). DISTRICT 6 - BEACH The following conditions shall be required 1. The number of individuals attending anyone (1) service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department, Permits and Inspections Division, and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is validfor three (3) years. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh of August, Two Thousand Nine Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 II 1111' - 53 - Item V-K.4. PLANNING ITEM # 59102 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of NEPTUNE FITNESS/MOUNTAIN VENTURES, VIRGINIA BEACH LLC, for a Conditional Use Permit re: an indoor recreational facility (gym) at 3352 Princess Anne Road, Suite 905. ORDINANCE UPON APPLICATION OF NEPTUNE FITNESS/MOUNTAIN VENTURES, VIRGINIA BEACH LLC, FOR A CONDITIONAL USE PERMIT RE: AN INDOOR RECREATIONAL FACILITY (GYM) AT 3352 PRINCESS ANNE ROAD, SUITE 905 R080935363 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEPTUNE FITNESS/MOUNTAIN VENTURES, VIRGINIA BEACH LLC, for a Conditional Use Permit re: an indoor recreational facility (gym) at 3352 Princess Anne Road, Suite 905 (GPIN# 1485913940000) DISTRICT 7 - P RNCESS ANNE The following conditions shall be required: 1. All necessary permits and a Certificate of Occupancy for this use shall be obtainedfrom the Department of Planning, Permits and Inspections Division, before occupancy and use of the buildingfor a twenty- four (24) hour, seven (7) day a weekfitness studio. 2. Parking lot lights in the vicinity of this lease space should be programmed to remain on each night until daylight. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh of August, Two Thousand Nine Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R, "Bill" DeSteph and Harry E. Diezel August 11, 2009 'I III I' - 54 - Item V-K.5. PLANNING ITEM # 59103 Upon motion by Vice Mayor Jones. seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY an Ordinance upon application of ENDEA VOR ENTERPRISES, L.L.C. for a Chanze of Zoninz District Classiticationfrom AG-I and AG-2 Agricultural to Conditional B-IA Limited Business and P-I Preservation District at Chestnut Oak Way: ORDINANCE UPON APPLICATION OF ENDEA VOR ENTERPRISES, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-I AND AG-2 AGRICULTURAL DISTRICTS TO CONDITIONAL B-IA LIMITED BUSINESS DISTRICT AND P-I PRESERVATION DISTRICT AT CHESTNUT OAK WAY. Ordinance upon application of ENDEA VOR ENTERPRISES, L.L.c. for a Chanze of Zoning District Classification from AG-I and AG-2 Agricultural Districts to Conditional B-IA Limited Business District and P-I Preservation District at Chestnut Oak Way. DISTRICT 7 - PRINCESS ANNE Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August II, 2009 ;1 .1 III II - 55 - Item V-K 6. PLANNING ITEM # 59104 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY: Ordinance to ESTABLISH City Zoning Ordinance (CZO) regulations re: wind energy systems, including definitions, application requirements, location, other requirements and Zoning Districts where permitted. Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 :1 1111' - 56 - Item V.M.l. APPOINTMENTS ITEM # 59105 BY CONSENSUS, CITY COUNCIL RESCHEDULED the following APPOINTMENTS: AGRICULTURAL AD VISORY COMMITTEE BOARD OF ZONING APPEALS HEALTH SERVICES BOARD REGIONAL TASK FORCE August II, 2009 III I' - 57 - Item V.M.2. APPOINTMENTS ITEM # 59106 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Katherine K Katsis David S. Redmond (Planning Commission) Vice Mayor Louis R. Jones James L. Wood (City Council) 3 year term 07/01/09 -06/30/12 BA YFRONT ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 'I III I' - 58 - Item V.M.3. APPOINTMENTS ITEM # 59107 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Richard H. Kline Dr. Mitchell B. Miller 5 year term 09/01/09 - 08/31/14 COMMUNITY MEDICAL ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11,2009 II III !' - 59 - Item V.M.4. APPOINTMENTS ITEM # 59108 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Robert Barnaby - At Large David P. Bartholomew - At Large Joel B. Fink - Lynnhaven Tommy J. Johnson - Centerville 3 year term 09/01/09 - 08/31/12 PARKS AND RECREATION COMMISSION Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R, "Bill" DeSteph and Harry E. Diezel August 11, 2009 ,I III I' - 60- Item v'M.5. APPOINTMENTS ITEM # 59109 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Merrilu P. Ablowich R. Patrick Deans Alice Flowers Mary D. McGovern Ernestine Middleton Nancy Parker 3 year term - 09/01/09 - 08/31/12 APPOINTED: Michelle Miller unexpired thru 08/31/2010 plus one (1) year: 09/01/10-08/31/13 PUBLIC LIBRAR Y BOARD Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 ,I III I' - 61 - Item v.M. 6. APPOINTMENTS ITEM # 59110 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Angela S. Kellam 3 year term 09/01/09 - 08/31/12 REVIEW AND ALLOCA TION (COG) Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 :1 ; I III II - 62- Item v,M. 7. APPOINTMENTS ITEM # 59111 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Nils S. Bahringer 5 year term 10/01/09 - 09/30/14 WETLANDS BOARD Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 ! I III - 63 - Item V.M 8. APPOINTMENTS ITEM # 59112 Upon NOMINA TION by Vice Mayor Jones, City Council REAPPOINTED: Stephen J. White - Planning Staff William A. White - Citizen At Large 4 year term 10/01/09 - 09/30/13 WORKFORCE HOUSING ADVISORY BOARD Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Harry E. Diezel August 11, 2009 1111' - 64- Item v.P. ADJOURNMENT ITEM # 59113 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7:06 P.M. U1~_____(2___~~4J Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~~ City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 7:09 P.M. August 11, 2009 - 64- Item v.P. ADJOURNMENT ITEM # 59113 "11 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7:06 P.M. @~ ~__ax~#/~ ~~~~~ptOOkS, CMC Chief Deputy City Clerk ~~ City Clerk .. td1&( William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Comment Fe Non Agenda Item adjourned at 7:09 P.M. August 11, 2009 III - 65 - PUBLIC COMMENT CODE ENFORCEMENT Josh Shapiro, 20138 East Orangethorpe Avenue, California 92870, Phone: (757) 606-8713, expressed concern re an issue with the Department of Housing and Neighborhood Preservation. The Citizens who wish to file a complaint for a grievance re violation to a home code enforcement are compromised by the City's position to try and resolve the issue of what is going on in the home and not necessarily the issue of the type of violation. There should be a grievance procedure allowing the citizen to submit their complaint in writing. A response could be given the citizen as to the disposition of this complaint. The inspectors should focus on the issue of the complaint. The violation is not being identified. More time is expended wanting to resolve the issue between the people. The "violator" should not be informed of who made the complaint. This causes present and future relations to be very difficult between neighbors. August 11, 2009