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February 28, 2012 <br />• While the City Attorney has made an educated estimate of the cost of such <br />outside legal fees for purposes of establishing his office's FY 2011-12 annual budget, a <br />larger than anticipated number of potentially costly lawsuits have been filed against the <br />City and/or certain police employees since adoption of the budget. <br />• The City Attorney estimates that the sum of $410,000 will be necessary to pay <br />accrued and anticipated outside legal fees related to claims defense for the remainder <br />of FY 2011-12. <br />• The Chief Financial Officer has identified sufficient unrestricted funds to pay <br />these fees in the FY 2011-12 Risk Management and Insurance Fund. <br />• Since these funds have not previously been appropriated, their transfer to and <br />appropriation in the FY 2011-12 General Fund Operating Budget is required. <br />Financial Impact: <br />• The FY 2011-12 Risk Management and Insurance Fund will be reduced by <br />$410,000 because of this necessary expenditure. <br />Recommended Action: <br />• Adoption of an appropriating the sum of $410,000 in the FY 2011-12 General <br />Fund Operating Budget from the FY 2011-12 Risk Management and Insurance Fund <br />Unrestricted Funds balance. Vision Principle: Efficient, Responsive Government. <br />Next Steps Following Council Action: <br />• Transfer of the funds and payment of accrued and future legal defense bills as <br />they become due. <br />Motion by Mr. Whitehurst, and seconded by Mr. Edmonds, to adopt the following <br />ordinance, and was adopted by the following vote: <br />"ORDINANCE APPROPRIATING THE SUM OF $410,000 IN THE FY 2011-12 <br />GENERAL FUND OPERATING BUDGET FROM THE FY 2011-12 RISK <br />MANAGEMENT AND INSURANCE FUND UNRESTRICTED FUNDS BALANCE FOR <br />LEGAL DEFENSE FEES." <br />Ayes: Cherry, Edmonds, Heretick, Moody, Whitehurst, Wright <br />Nays: None <br />12 - 83 -Adoption of a resolution authorizing the City Manager to request the <br />Virginia Department of Environmental Quality to 1) designate the Hampton Roads <br />Planning District Commission as the Regional Solid Waste Planning Agency for <br />the region, and 2) designate the area within the original boundaries of the <br />Southeastern Virginia Planning District Commission as the Regional Solid Waste <br />Planning Region. Vision Principle: Neighborhoods and a Sense of Community. <br />Background: <br />• In 1990 the jurisdictions in Southeastern Virginia designated the Hampton Roads <br />Planning District Commission (HRPDC) as the Regional Solid waste planning agency <br />and the Southeastern Public Service Authority (SPSA) of Virginia as the Regional Solid <br />Waste management Agency. With the 2005 update of the Regional Waste <br />Management Plan SPSA was also designated the solid waste planning agency. <br />Discussion: <br />• Over the past two years SPSA has undergone a significant restructuring. At their <br />March 2010 meetings the HRPDC and SPSA determined that the HRPDC should more <br />appropriately serve as the Regional Solid Waste Planning Agency. <br />• The Virginia Solid Waste Planning Regulations require that the localities electing <br />to satisfy the Regulations through a regional planning process, designate a regional <br />solid waste planning agency. In this case, the localities must request that the Virginia <br />Department of Environmental Quality change its agency designation. <br />Financial Impact: <br />• This action will result in no financial impact. <br />