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MAY 9, 1995 MINUTESCity oE Vi -ginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF. At Large VICE MAYOR WILLIAM D SESSOMS. JR. At Large JOHN A BAUM. Blackwater Borough LIIXSVOOD 0 BRANCH II!. V, rgm~a Beach Borough ROBERT K DEAN. Pnncess Anne Borough %V %V HARRISON. JR. Lynnhaven Borough HAROLD HEISCHOBER. At-Large BARBARA M HENLEY. Pungo Bemugh LOUIS R JONES. Baynde Borough NANCY K PARKER. At Large LOUISA M STRA YHORN. Kempmlle Borough JAMES K SPORE. C~ty Manager LESLIE L LILLEY. C~ty Atttnney RUTH HODGES SMITH. CMC / AAE. C~ty Clerk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9005 (804) 427 4303 May 9, 1995 I. AGENDA REVIEW SESSION - Conference Room - 12:00 NOON A. REVIEW OF AGENDA ITEMS B. CITY COUNCIL CONCERNS II. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Andrew J. MacBeth Eastern Shore Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES i · · Special Formal Session - Lake Gaston Infcrmal and Formal Sessions April 28, 1995 May 2, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION i · Resolution recognizing the heroic service performed by City Employees who were members of the FEMAUrban Search and Rescue Team, Virginia Task Force No. 2, in the aftermath of the Terrorist Bombing in Oklahoma City, Oklahoma, April 19, 1995. Chief Harry Diezel, Virginia Beach Fire Department FEMA Team Members I. CONSENT AGENDA The Consent Agenda will be determined during the Informative Session and considered in the ordinary course of business by City Council to be enacted by one motion. J. ORDINANCES 1. FY 1995-199~ OPERATING BUDGET APPROPRIATIONS a· Ordinance to establish the tax levy on real estate for Tax Fiscal Year 1996 at the rate of One Dollar, Eighteen and 8/10th Cents ($1.188) on each one hundred dollars ($100) of assessed valuation. b· Ordinance to establish the tax levy on personal property and machinery and tools for the Calendar Year 1996 at the rate of Three Dollars and Seventy Cents (83.70) on each one hundred dollars ($100) assessed valuation. C· Ordinances re court costs: (1) AMEND and REORDAIN Section 17-19 of the Code of the City of Virginia Beach, Virginia, imposing a sum of Three Dollars ($3.00) for each civil action filed. (2) AMEND and REORDAIN Section 1-12.1 of the Code of the City of Virginia Beach, Virginia, charge, as a part of the fees taxed as costs, a fee of Two Dollars ($2.00) in each criminal and traffic case, and a fee of One Dollar ($1.00) in each civil action. de Ordinance to AMEND and REORDAIN Chapter 35 (Taxation) of the Code of the City of Virginia Beach, Virginia, by ADDING a new Article XIV re video programming excise tax. e· Ordinance to AMEND and REORDAIN Sections 2-187.1 and 2- 199 of the Code of the City of Virginia Beach, Virginia, re Operating Budget and Capital Budget Amendments, respectively. f · Ordinance to AMEND and REORDAIN Chapter 2, Article VII, of the Code of the City of Virginia Beach, Virginia, re Department of Management and Budget. go Ordinance to AMEND and REORDAIN Sections 8-31, 8-32, 8-33 and 8-34 of the Code of the City of Virginia Beach, Virginia, re buildings and building regulations. he Ordinance to AMEND and REORDAIN Chapter 35 (Taxation) of the Code of the City of Virginia Beach, Virginia, by ADDING a new Article XIII re local telecommunication service taxes. i · Ordinance to AMEND and REORDAIN Chapter 35, Article V of the Code of the City of Virginia Beach, Virginia, re tax on purchasers of utility services· j · Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach by the ADDITION of Appendix J, establishing the Agricultural Reserve Program for the preservation of agricultural lands within the City. ke Ordinance to APPROPRIATE for the Fiscal Year beginning July 1, 1995, and ending June 30, 1996, in the sum of Eight Hundred Thirty-Seven Million, Six Hundred Twenty- Seven Thousand, Three Hundred Fifty-Five and No/100 ($837,627,355) for operations and Two Hundred Seventy- Eight Million Six Hundred Forty-Five Thousand Six Hundred Eighty and No/100 ($278,645,680) in Interfund Transfers, subject to any amendments adopted by City Council and regulating the payment of money out of the City Treasury. 2. FY 1995-1996/FY 1999-2001 CAPITAL IMPROVEMENT PLAN a® Ordinance to authorize the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $51,100,000 for various schools, roadways, economic/tourism, buildings and other public improvement projects. ' be Ordinance to authorize the issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $6,593,000 re improvements and expansions to the City's Water/Sewer System. Ce Ordinance to authorize the issuance of Storm Water Utility Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $2,243,500 for improvements and expansions to the City's Storm Water Utility System. de Ordinance to AMEND and REORDAIN Ordinance No. 93-2204A re Tourism Growth and Investment Special Revenue Fund by ADDING the Economic and Tourism Development Studies and the Nature-Based Visitation Development projects. e· Ordinance to ADOPT the FY 1995-1996/FY 2000-2001 Capital Improvement Program in the amount of $950,785,234; and, APPROPRIATE $101,556,031 for the FY 1995-1996 Capital Budget, subject to funds being provided from various sources, and further subject to any amendments adopted by City Council. fe Resolution to request the Virginia Beach Public School System provide quarterly reports to the City Council on the status of the School's various Capital Improvement Program Projects in a format compatible with the current City Status Report beginning with the 1995-1996 Fiscal Year. be Program for urban system highway projectsi and, that the City pay its share of the total costs: (1) Improvement of Elbow Road Extended (CIP #2-152) from Indian River Road to Princess Anne Road, a distance of approximately 2.6 miles· (2) Improvement of Centerville Turnpike Phase lB (CIP #2-111) from Indian River Road to Kempsville Road, a distance of approximately 2.0 miles. (3) Improvement of Holland Road Phase VI (CIP #2-158) from Landstown Road to Ferrell Parkway, a distance of approximately 2.6 miles· (4) Improvement of Indian River Road Phase VII (CIP #2- 256) from Lynnhaven Parkway to Elbow Road, a distance of approximately 2.2 miles· (5) Possible improvements of the Princess Anne Road/ Kempsville Road Intersection (CIP #2-267). · Resolution to authorize and direct the City Manager to execute, on behalf of the City, a contract with Virginia Electric and Power Company re purchase of electric services. L. PUBLIC HEARING - PLANNING 3:00 PM 1. PLANNING BY CONSENT - To be determined during the Information Session · · · · RECONSIDERATION OF CONDITION NUMBER FIVE on the December 15, 1992 Approved Application of ROCK CHURCH MINISTRIES for a Conditional Use Permit for a church and 50-Unit Home for the Aged at 580 Kempsville Road (KEMPSVILLE BOROUGH). Deferred: April 25, 1995 Recommendation: APPROVAL Application of ST. JOHN'S BAPTIST CHURCH for a Conditional Use Permit for a church (expansion) on the East side of Holland Road, 500 feet more or less North of Princess Anne Road (2356 Holland Road), containing 5.02 acres (PRINCESS ANNE BOROUGH). Deferred: April 25, 1995 Recommendation: APPROVAL Application of GERALDINE O. MOLLOY for a Conditional Use Permit for an automobile repair establishment at the Southwest intersection of South Military Highway and Providence Road (1001 South Military Highway), containing 1.028 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of STAR OF THE SEA CATHOLIC CHURCH for a Conditional Use Permit for a church/school expansion at the Northwest corner of Pacific Avenue and 15th Street (308 15th Street), containing 30,000 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL · · · · Application of SPRINT CELLULAR for a Conditional Use Permit for a communications tower and service buildina on the South side of the Norfolk and Southern Railway Right-of-Way, East of Plaza Trail, containing 26,658.72 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of EDWARD D. JONES & COMPANY for a Conditional Use Psrmtt for a satellite antenna on the Southwest side of George Mason Drive, Northwest of North Landing Road (2425 George Mason Drive), containing 9.591 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of KOKOAMOS LLC for a Conditional Use Permit for a recreational facility of an outdoor natur~ (volleyball) at the Southern extremity of Marina Shores Drive (2100 Marina Shores Drive), containing 37,461.6 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of BILLY and CAROLYN WEEMS for a ConOitional Use Permit for a recreational facility of an outdoor nature -- .(batting cage) on the West side of Miles Standish Road, 433.23 feet North of Paul Revere Road (4621 Miles Standish Road), containing 14,500 square feet (BAYSIDE BOROUGH). Recommendation: DENIAL M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION COIG - REVIEW AND ALLOCATION COMMITTEE EROSION COMMISSION RAAC - RESORT AREA ADVISORY COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS i · City Council appointments to Virginia Municipal League (VML) Policy Committees for 1995. P. ADJOURNMENT * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * 05/04/95BAP AGENDA\05-09-95. PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 9, 1995 Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, May 9, 1995, at 12:00 NOON. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K. Dean, HaroM Heischober, Barbara M. Henley, Louis R. Jo, es, Mayor Meyera'E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr., and Louisa M. Strayhorn Council Members Absent: William W. Harrison, Jr. [ENTERED: 12:30 P.M.] -2- AGENDA REVIEW 12:00 NOON. ITEM # 39134 SESSION The City Manager distributed information relative the School Budget. The City Manager requested a categorical division of the School operating Fund Budget consistent with the consensus reached at the May Second Reconciliation Workshop. The City Manager referenced Superintendent Faucette's response (Attachment ,4). State revenues are expected to be less than originally budgeted. Attachment B reflects concerns regarding the status of federal impact aid for FY 1994/95 and also for FY 1995/96. The City Manager referenced the categorical breakdown of the FY 1995/96 School Operating Fund: Appropriations Category Instruction Administration, Attendance & Health Pupil Transportation 14,875, 217 Operations & Maintenance 37,225, 73 7 TOTAL Amount $295,551,902 10,612,634 $388,368,49o Correspondence was received from Mordecai L. Smith, Chief Financial Officer - Virginia Beach City Public Schools, listing categorical estimates for appropriation purposes. The total is the same; however, the amounts of each category are slightly &fferent. Categorical Budget Instruction $295,195,638 Adminsitra tion 11,138, 792 Pupil Transportation 15,226,824 Operations & Maintenance 36,804,236 TOTAL Amount $358,365,490 The City Manager suggested if City Council wishes to have a categorical appropriation on the School Operating Budget, the above categorical amounts of the Schools be utilized. Attachment D compares the above with requested amounts and the FY 1994/95 School Budget. Mayor Oberndorf referenced correspondence from parents in the Kemspville Middle School, who are anxious to have their school upgraded and they wtll reiterate concerns to the School Board. E. Dean Block, advised relative First Colonial High School, the $1.9-MILLION will fund eight to ten additional classrooms. Information regarding the expenditure of the $5. 7-MILLION on First Colonial High School has been provided to City Council. Information regar&ng the cost overruns, and additions or expansion of the program, shall be provtded to City Council. Relative Attachment B regarding the status of federal impact aid for FY 1994/95 and also for FY 1995/96, concern was expressed whether the School Board could negotiate another $3-MILLION under PL 874 (Impact Aid) with the State. Mordecai L. Smith, Chief Financial Officer - School Administration, has indicated he expects not to be in a deficit position for the year ended June 3, 1995. Mr. Block advised, if the Schools are in a deficit position, the City has to cover the difference at year end. May 9, 1995 -3- AGENDA REVIEW SESSION 12:00 NOON. ITEM # 39134 (Continued) Reduce salary cost through elimination of workshops and other actions. Expected combined savings from all efforts is $4- MILLION. , Transfer salary cost currently being charged to the School Operating Fund to Title VI-B9 grant fund. Anticipated amount is approximately $I to 2-MILLION. 3. Expecting a rebate from Virginia Power of approximately SI- MILLION. 4. Transfer ADA costs currently being incurred in the School Operating Fund to CIP, ($300,000 to $500,000) Transfer indirect and direct costs to other School Funds: Self Insurance and Cafeteria Fund. Anticipated transfer of approximately $500,000 to $2-MILLION. 6. Expecting a return to School Board of $300,000 of monies advanced to various schools. 7. Federal revenue: The School Board is negotiating about another $3-MILLION under PL 874 (Impact Aid). 8. Summer school tuition may produce another $500,000 in revenue. Mayor Oberndorf advised she, the Vice Mayor and City Manager will meet with the Chairman, Vice Chairman of the School Board, and Dr. Faucette for their monthly exchange of ideas and will request a more detailed explanation regarding these eight items related to the School Revenue and Expenditures. Mr. Block advised there is an undesignated reserve fund balance that is equal to 75% of the bond indebtedness and is currently equal to 82-1/2%. ITEM # 39135 Council Lady Parker referenced: J. 2.f.. Ordinance to AMEND and REORDAIN Chapter 35 (Taxation) of the Code of the City of Virginia Beach, Virginia, by ADDING a new Article Xlll re local telecommunication service taxes. Council Lady Parker quoted Page 7, Section (b): "Failure to remit the taxes so collected to the City Treasurer on or before the due date set forth in subsection (a) of this section shall result in a penalty of ten (10)percent of the amount due or ten dollars(S10 00), whichever is lesser, which shall be added to the amount due. In addition, interest at the rate of ten (10) percent annually from the first day following the last day the taxes are due to be remitted may be added to the overdue principal and penalty, and collected from the delinquent service provider. Council Lady Parker inquired relative the amount of $10.00. Assistant City Attorney Blow advised penalty and interest are applied to most City taxes, which has never been applied to a utility tax, but the City has the authority to do so The City is trying to remain consistent with the manner in which other City taxes are treated. This is in compliance with State Code. May 9, 1995 -4- AGENDA RE VIEW SESSION ITEM # 39136 Councilman Dean referenced Ordinance to AMEND and REORDAIN Sections 8-31, 8-32, 8-33 and 8-34 of the Code of the City of Virginia Beach, Virginia, re buildings and building regulations. Some of the fees appear rather excessive. The cost for an appeal for Building Codes increased 200%. The City Manager referenced correspondence from the Tidewater Builders Association. The City Manager advised the increase in fees would provide for the implementation of an automated inspection and scheduling system which should prove beneficial to the builders. The City Manager suggested City Council ADOPT the Ordinances and City Staff will meet with TBA re new regulations. The City Attorney advised these fees are designed to reimburse cost, not as a revenue producer. ITEM # 39137 Mayor Oberndorf and Council Lady Strayhorn advised the Arts and Humanities Commission will be utilizing $40,000 (Reserve for Contingencies) in funds not allocated over the years to subsidize the Boardwalk Art Show expansion into a ten-day affair, but are requesting the City to reimburse same. Mr. Block advised the $40,000 expended by the Arts and Humanities Commission ts in this fiscal year or prior fiscal year's funds. Vice Mayor Sessoms advised the Arts Center would not need this additional funding next year as it wouM be already funded tn Convention and Visitor Development. The City Manager suggested the $40,000 go directly to Convention and Visitor Development for this Boardwalk Art Show and then for next year, additional sponsorships could probably be received. ITEM # 39138 Council Lady Parker inquired relative information distributed concerning the restoration of $181,800 to the Sheriff's Operating Budget for Fiscal Year 1995-1996. These funds would allow the Sheriff's Office to remain competitive in retaining quality employees by supplementing each deputy's salary by $100 per month beginning January 1, 1996. The source of these funds will come from the City's reserve for contingencies, so no additional tax increases will be needed. The information distributed reflects Local Supplements for Sheriff's Deputies. The starting deputy salary in Chesapeake is $23,884. Sheriff deputies were put on the City payroll about 12 years ago. In Newport News, 5 supervisory positions are supplemented by the City, amounting to a very small percentage of their salaries. FY 1995 was the first year this was implemented. There are also six positions that are paid for by the City. These are booking deputies that were once police officers. In Norfolk, the City does not supplement any Sheriff deputies. There are no local supplements in Portsmouth; however, there are supplements paid to the Sheriff's department that are federally funded. The Sheriff receives federal prison grants that are turned over to the City. When supplements' are needed the City returns a part of this money and shares the cost of deputy salaries at a ratio of abut 2 to 3. Local supplements in Richmond amount to 5% of all deputies salaries. In Hampton there are no local supplements. Virginia Beach has no local supplements; however, some federal grant money is used similar to Portsmouth. Currently the Sheriff's Office is providing the following "incentive programs" for its employees tn order to try and address the issue of retaining qualified employees: Deferred Compensation (estimated cost = $312,439). College incentive/Training Bonus Program (estimated cost = $80,000), Experience Bonus Program (estimated cost = $175,000), and Corporal/Supervisory Upgrades (estimated cost = $61,000). ITEM # 39139 Vice Mayor Sessoms advised in, making the motion for ADOPTION, one motion would be for approval of the FY 1995-1996 OPERATING BUDGET APPROPRIATIONS, referring to the categorical amounts supplied by the School Board. Vice Mayor Sessoms also stated the City Staff will be meeting with the Tidewater Builders Association to discuss the new building regulations. These fees are not effective until January 1, 1996. In addition, Vice Mayor Sessoms recommended $181,800 for the Sheriff's Operating Budget to be funded by the Reserve for Contingencies in the General Fund. BY CONSENSUS, Items J.l.a,b,c,d,e,f,g,h,i,j and k (FY 1995-1996 OPERATING BUDGET APPROPRIATIONS) will be voted upon in ONE MOTION. May 9, 1995 -5- AGENDA REVIEW SESSION ITEM # 39140 The City Manager referenced FY 1995-1996/FY 1999-2001 CAPITAL IMPROVEMENT PLAN and distribution of Attachment A-I containtng the Summary of City Council Reconciliation Workshop Amendments. City Council indicated a desire to move forward with the amphitheater, which requires $1.3-MILLION of City funds. This was added as a transfer item in order for the funds to be available now to proceed with the contract, and provide the funds to the Development Authority. It is simply a short term transfer. Councilman Heischober referenced the difference in the Appropriation of $101,556,031 in the City's Council Agenda and the Appropriation of $108,531,031 in Attachment ,41. Mr. Block advised the City Council has amended the Capital Budget by approximately $7-MILLION with the predominant addition being the School Section. The Schools and the amphitheater comprise a total of approximately $6 1~2-MILLION. ITEM # 39141 Councilman Dean referenced: J. 5 Ordinance to renew the permit of Oceanfront Watersports, Inc. to conduct a personal watercraft rental operation at the Oceanfront for an ad&tional term of five months from May 1, 1995, to September 30, 1995, subject to the terms and conditions set forth in the Permit Agreement dated May 29, 1992. The City Manager advised the amount of the renewal is $45,000. May 9, 1995 -6- ITEM # 39142 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 9, 1995, at 1:10 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent. None May 9, 1995 -7- ITEM # 39143 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or 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 2.1-344 (A) (1). To Wit: Appointments: Boards and Commissions: Arts and Humanities Commission COIG -Review and Allocation Erosion Commission RAAC - Resort Area Advisory Commission Minority Advisory Council PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). Council Agenda Item J. 8. - Street Closure: Ocean Avenue and Kleen Street Acquisition/Disposition of Property - Social Services Project LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Johnny Lee Whitley v. Wynell A. Whitehurst and City of Virginia Beach Linda Chapman, Administratrix, etc v. City of Virginia Beach Amphitheater Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D Sessorns, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 -8- FORMAL SESION VIRGINIA BEACH CITY COUNCIL May 9, 1995 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 9, 1995, at 2:00 P.M. Council Members Present: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: Reverend Andrew J. MacBeth Eastern Shore Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. May 9, 1995 -9- Item III-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 39144 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virgtnia law were discussed in Executive Session to which this certification resolution applies, AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to thc affirmative vote recorded in ITEM # 39143, Page No. 7, and in accordance with thc provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of thc Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That thc 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 wcre discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Rtrt~ Hodges Srfi~th, (~MC/AAE City Clerk May 9, 1995 - 10 - Item III-F. 1. MINUTES ITEM # 39145 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council APPROVED the Minutes of the SPECIAL FORMAL SESSION -LAKE GASTON of April 28, 1995. Voting: 10-0 Council Members Voting ./lye: John A. Baurn, Linwood O. Branch, III, Robert lC Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy lC Parker, Vice Mayor William D. Sessorns, Jr., and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as he was not in attendance during the City Council Session of April 28, 1995. May 9, 1995 - 11 - Item III-F. 2. MINUTES ITEM # 39146 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 2, 1995. Voting. 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 - 12 - Item III-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 39147 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 9, 1995 - 13 - Item III-H. 1. MA YOR 'S PRESENTATION ITEM # 39148 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED, AS REVISED: Resolution recognizing the heroic service performed by City Employees who were members of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2, in the aftermath of the Terrorist Bombing in Oklahoma City, Oklahoma, ,4pnl 19, 1995. Voting: 11-0 Council Members Voting ,4ye. John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members ,4bsent: None May 9, 1995 Requested by Mayor Meyera E. Oberndorf A RESOLUTION RECOGNIZING THE HEROIC SERVICE PERFORMED BY MEMBERS OF THE FEMA URBAN SEARCH AND RESCUE TEAM, VIRGINIA TASK FORCE NO. 2, IN THE AFTERMATH OF THE TERRORIST BOMBING IN OKLAHOMA CITY, OKLAHOMA 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 WHEREAS, on April 19, 1995, a terrorist bomb destroyed the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, inflicting human suffering on a monumental scale, and leaving approximately two hundred persons, injured and dead, trapped in the wreckage; WHEREAS, following a Presidential Declaration of Emergency, the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2, which includes twenty-nine employees of the City of Virginia Beach Department of Fire Protection and one employee of the Department of Public Utilities, was mobilized and dispatched to the scene of the tragedy; WHEREAS, immediately upon arrival in Oklahoma City, the members of the Team commenced search and rescue operations in the collapsed nine-story building, and despite the constant and extreme danger of falling debris and structural instability, worked tirelessly in grueling twelve-hour shifts for five continuous days thereafter; WHEREAS, because of the precarious nature of the tangled wreckage, the members of the Team, although equipped with highly sophisticated equipment, typically spent entire shifts crawling through the shattered structure, dislodging and removing debris, piece by piece, by hand; and WHEREAS, by their courageous, tireless and selfless actions, the members of the Team have earned the deepest gratitude of the citizens of Oklahoma City, and the admiration and respect of the entire nation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council, on behalf of all of the citizens of the City of Virginia Beach, hereby commends and thanks the members 36 37 38 39 40 41 42 43 44 45 46 47 of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2, and especially recognizes those members who are City employees, for their heroic, skillful and dedicated service to the citizens of Oklahoma City and to the nation, which reflected great credit upon themselves and our City; and BE IT FURTHER RESOLVED: That City Council, on behalf of our citizens, hereby expresses its heartfelt grief and deepest sympathy to the citizens of Oklahoma City for the profound suffering which they have experienced as a result of this senseless tragedy. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of May , 1995. 48 49 5O 51 CA-5939 ORD I N \ NONCODE \ OKLAH . RE S R-4 PREPARED: May 8, 1995 - 14 - Item III-H.Z MAYOR'S PRESENTATION ITEM # 39148 (Continued) Mayor Oberndorf PRESENTED: Resolution recognizing the heroic service performed by City Employees who were members of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2, in the aftermath of the Terrorist Bombing in Oklahoma City, Oklahoma, April 19, 1995. Chief Harry Diezel, Virginia Beach Fire Department and FEMA Team Members ACCEPTED the Resolution. Chief Diezel advised the FEMA Team consists of 150 members, of which when activated 56 members participate in the effort. The bulk of the members are from Virginia Beach. The Team took fourteen (14) tons of equipment with them to Oklahoma City to make them fully self contained. Mayor Oberndorf advised former Economic Development Director Andy Burke called from Oklahoma City to extend appreciation. May 9, 1995 - 15 - Item III-H.3. MA YOR 'S ANNOUNCEMENT ITEM # 3914~ Mayor Oberndorf reminded City Council the Mayor of the City of Hampton and nineteen of their employees and the Mayor of Virginia Beach and nineteen of her City employees will be on the Oprah Show live in the morning at 10:00 A.M. and broadcast in Virignia Beach at 4:00 P.M. tomorrow, May 10, 1995. The competition involves health, fitness and dieting. Lump sum weights will be compared in each City. For the first week Virginia Beach is leading Hampton by twelve pounds. Barbara Sierra is assisting Oprah in this endeavor. May 9, 1995 - 16 - III-J. 1. ORDINANCES ITEM # 3915O FY 1995-1996 OPERATING BUDGET APPROPRIATIONS Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 spoke in OPPOSITION to the real estate tax increase, personal property tax and the telecommunication taxes. The following spoke in OPPOSITION to the Agricultural Reserve Program: Charles E. Ketchu, 517 Pondview Circle, Phone: 486-8644, Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Douglas A. Munden, 1377 Princess Anne Road The following spoke in SUPPORT of the Agricultural Reserve Program: David W.. Gregory, Jr., 1725 Princess Anne Road, Phone: (H) 426-5541, (IV) 499-5921 The following spoke in SUPPORT relative the dredging of the Western Branch of the Lynnhaven: Sam C. Brown, Jr, 928 Winthrope Drive, Phone: 431-2797, represented the Friends of the Lynnhaven Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED in ONE MOTION Items .1 a., b., c, d, e, f,, g, h, i, j and k of the FY 1995-1996 OPERATING BUDGET APPROPRIATIONS, AS AMENDED. with categorical funding for the Schools, $181,800 for the Sheriff's Operating Budget from the Reserve for contingencies, Building and Inspections to work with TBA re new regulations and encompassing amendments in Attachment "Al ". Voting. 10-1 Council Members Voting Aye: John A. Baum, Linwood 0 Branch. III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K. Dean Council Members Absent: None May 9, 1995 -17- IlI-J.l.a. ORDINANCES ITEM # 39151 FY 1995-1996 OPERATING BUDGET APPROPRIATIONS Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to establish the tax levy on real estate for Tax Fiscal Year 1996 at the rate of One Dollar, Eighteen and 8~lOth Cents ($1.188) on each one hundred dollars ($100) of assessed valuation. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K. Dean Council Members Absent: None May 9, 1995 10 11 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1996 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Section 1 AMOUNT OF LEVY ON REAL ESTATE There shall be levied and collected for fiscal year 1996 taxes forgeneral purposes on all real estate, not exempt from taxation and not otherwise prowded for ~n th~s Ordinance, at the rate of one dollar, e~ghteen and 8/10th cents ($1 188) on each one hundred dollars ($100) of assessed valuation thereof The real property tax rates which have been prescribed ~n th~s secbon shall be apphed on the bas~s of one hundred percentum of the fair market value of such real property except for pubhc service real property which shall be on the bas~s as prowded ~n Secbon 58 1-2604 of the Code of V~rg~ma, as amended Section 2 AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND 12 13 14 15 16 17 18 19 20 21 22 23 24 FACILITIES" CLASSIFIED AS REAL ESTATE In accordance w~th Secbon 58 1-3660 (A) of the Code of V~rg~ma (1950), as amended, there shall be lewed and collected for general purposes for fiscal year 1996, taxes on all real estate certified by the Commonwealth of V~rg~ma as "Certified Pollubon Control Equipment and Fac~ht~es" not exempt from taxabon, at the rate of one dollar e~ghteen and 8/10th cents ($1 188) on each one hundred dollars ($100) of assessed valuation thereof The real property tax rates ~mposed ~n th~s section shall be apphed on the bas~s of one hundred percentum of fair market value of such real property Section 3 CONSTITUTIONALITY That If any part or parts, section or sections, sentences, clause, or phrase of this Ordinance ~s for any reason declared to be unconst~tubonal or mvahd, such decision shall not affect the vahd~ty of the rema~mng port~on of th~s Ordinance Secbon 4 EFFECTIVE DATE Th~s Ordinance shall be ~n effect from and after the date of ~ts adopbon 25 Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the 9tth day of Ha~,, 1995 APPROVED AS TO LEGAL SUFFICIENCY - 18 - III- J. 1. b. ORDINANCES ITEM # 39152 FY 1995-1996 OPERATING BUDGET APPROPRIATIONS Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED: Ordinance to establish the tax levy on personal property and machinery and tools for the Calendar Year 1996 at the rate of Three Dollars and Seventy Cents ($3.70) on each one hundred dollars ($100) assessed valuation. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K. Dean Council Members Absent: None May 9, 1995 10 11 12 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1996. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SectIon 1 AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY In accordance w~th Chapter 35 of T~tle 58 1 of the Code of V~rg~ma (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996, taxes on all tangible personal property, not exempt from taxation and not otherwise prowded for ~n th~s Ordinance, at the rate of three dollars and seventy cents ($3 70) on each one hundred dollars ($100) assessed valuation thereof In accordance w~th Section 58 1-3504 for the Code of V~rg~ma (1950), as amended, certain household goods and personal effects as defined there~n shall be exempt from taxation Secbon 2 AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL 13 14 15 16 17 18 PROPERTY USED AS MOBILE HOMES In accordance w~th Secbon 58 1-3506 (A)(8) of the Code of V~rg~ma (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on all vehicles w~thout motor power used or designated to be used as mobile homes, at the rate of one dollar and e~ghteen and 8/10th cents ($1 188) on each one hundred dollars ($100) of assessed valuation thereof Secbon 3 AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TONS OR 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 MORE In accordance w~th section 58 1-3506 (A)(1) of the Code of V~rg~ma (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on all boats or watercraft weighing five tons or more at the rate of one dollar and fifty cents ($1 50) on each one hundred dollars ($100) of assessed valuation thereof Secbon 4 AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY In accordance w~th Section 58.1-3660 (A) of the Code of V~rg~ma (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on all tangible personal property certIfied by the Commonwealth of V~rg~n~a as "CertIfied PollutIon Control Equipment and Fac~ht~es" not exempt from taxation, at the rate of three dollars and seventy cents ($3 70) on each one hundred dollars ($100) of assessed valuation thereof Section 5 AMOUNT OF LEVY ON MACHINERY AND TOOLS In accordance w~th Section 58 1-3507 of the Code of V~rg~ma (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof Section 6 AMOUNT OF LEVY ON AIRCRAFT In accordance w~th Secbon 58 1-3506 (A)(2,3) of the Code of V~rg~ma (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on all a~rcraft at the rate 39 40 41 42 43 44 45 46 47 48 49 50 51 of three dollars and seventy cents ($3 70) on each one hundred dollars ($100) of assessed valuation thereof Secbon 7 AMOUNT OF LEVY ON ANTIQUE AUTOMOBILES In accordance w~th Secbon 58 1-3506 (A)(4) of the Code of V~rg~ma (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on all antique automobiles at the rate of three dollars and seventy cents ($3 70) on each one hundred dollars ($100) of assessed valuation thereof Secbon 8 AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT In accordance w~th Section 58 1-3506 (A)(6) of the Code of V~rg~n~a (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on all heavy construcbon equipment at the rate of three dollars and seventy cents ($3 70) on each one hundred dollars ($100) of assessed valuation thereof Secbon 9 AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 PERSONAL PROPERTY In accordance w~th Section 58 1-3506 (A)(5) of the Code of V~rg~n~a (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on all research and development tangible personal property, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuabon thereof Secbon 10 AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT In accordance w~th Secbon 58 1-3506 (A)(7) of the Code of V~rg~ma (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on all energy conversion equipment at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof Secbon 11 AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE In accordance w~th Section 58 1-3506 (A)(9) of the Code of V~rg~ma (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on all computer hardware used by businesses primarily engaged ~n prowd~ng data processing services to other nonrelated or nonaffihated businesses, not exempt from taxation, at the rate of three dollars and seventy cents ($3 70) on each one hundred dollars ($100) of assessed valuabon thereof Secbon 12 AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR RECREATIONAL PURPOSES ONLY In accordance with Section 58 1-3506 (A)(10) of the Code of Virginia (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on all privately owned pleasure boats and watercraft use for recreational purposes only, at the rate of one dollar and fifty cents ($1 50) on each one hundred dollars ($100) of assessed valuation thereof 74 Secbon 13 AMOUNT OF LEVY ON PRIVATELY OWNED CAMPING TRAILERS AND MOTOR 75 76 77 78 79 8o 81 HOMES USED FOR RECREATIONAL PURPOSES ONLY In accordance w~th Secbon 58 1-3506 (A)(16) of the Code of V~rg~ma (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1996 taxes on all privately owned camping traders and motor homes as defined ~n Section 46 2-100 of the Code of V~rg~ma (1950), which are used for recreabonal purposes only, at the rate of one dollar and fifty cents ($1 50) on each one hundred dollars ($100) of assessed valuation thereof Section 14 AMOUNT OF LEVY ON ONE MOTOR VEHICLE OWNED AND REGULARLY USED 82 83 84 85 86 87 88 89 90 91 92 93 94 BY A DISABLED VETERAN In accordance w~th Section 58 1-3506(A) (17) of the Code of V~rg~ma (1950), as amended, there shall be a reduced tax levy rate of one dollar and fifty cents ($1 50) on each one hundred dollars ($100) of assessed valuabon on one (1) motor vehicle owned and regularly used by a veteran who has e~ther lost, or lost the use of, one or both legs, or an arm or a hand, or who ~s bhnd, or who ~s permanently and totally d~sabled as certified by the Department of Veterans' Affairs Any motor vehicles ~n add~bon to the one (1) so taxed shall not quahfy for the taxabon at the rate estabhshed here~n, and shall be taxed at the rate or rates apphcable to that class of property In order to quahfy, the veteran shall prowde a written statement to the Commissioner of Revenue from the Department of Veterans' Affairs that the veteran has been so designated or classified by the Department of Veterans' Affairs as to meet the requirements of Secbon 58 1-3506(A) (17), and that h~s d~sabd~ty ~s service connected For purposes of th~s ordinance, a person ~s bhnd ~f he meets the prows~ons of Section 46 2-739 of the Code of V~rg~ma (1950), as amended Section 15 AMOUNT OF LEVY ON A MOTOR VEHICLE OWNED AND USED PRIMARILY BY OR 95 FOR SOMEONE AT LEAST SIXTY-FIVE YEARS OF AGE OR ANYONE FOUND TO BE PERMANENTLY 96 97 98 99 1 o0 101 102 103 1 o4 105 106 107 108 109 110 111 AND TOTALLY DISABLED (a) In accordance w~th Sections 58 1-3506 1 et seq of the Code of V~rg~ma (1950), as amended, there shall be a reduced tax levy rate of three dollars ($3 00) on each one hundred dollars ($100 00) of assessed valuation on one (1) motor vehicle owned and used primarily by or for anyone at least s~xty-five years of age or anyone found to be permanently and totally d~sabled, as defined ~n Secbon 58 1-3506 3 of the Code of V~rg~ma (1950), as amended, subject to the following cond~bons 1 The total combined ~ncome received, excluding the first $7,500 of ~ncome, from all sources dunng calendar year 1995 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars (,$22,000) 2 The owners net financial worth, including the present value of all eqmtable interests, as of December 31, of calendar year 1995, excluding the value of the pnnc~pal residence and the land, not exceeding one acre, upon whmh ~t ~s mtuated, shall not exceed seventy thousand dollars ($70,000) 3 All income and net worth hm~tabons shall be computed by aggregating the income and assets, as the case may be, of a husband and w~fe who reside m the same dwelhng and shall be apphed to any owner of the motor vehmle who seeks the benefit of the preferenbal tax rate permitted under th~s ordinance, ~rrespecbve of how such motor vehmle may be btled 112 113 114 115 116 117 118 119 120 121 122 123 124 (b) Any such motor vehicle owned by a husband and wife may quahfy ~f either spouse ~s s~xty-flve or over or if either spouse ~s permanently and totally d~sabled, and the conditions set forth in subsection (a) have been satisfied Secbon 16 ASSESSED VALUE DETERMINATION In accordance with Section 58 1-3103 of the Code of Virg~ma (1950), as amended, personal property menboned ~n the above secbons shall be assessed at actual fair market value, to be determined by the Commissioner of Revenue for the C~ty of Virginia Beach Section 17 CONSTITUTIONALITY That if any part of parts, section or sections, sentences, clause, or phrase of th~s ordinance ~s for any reason declared to be unconsbtut~onal or ~nvahd, such decision shall not affect the vahd~ty of the remaining portions of this ordinance Section 18 EFFECTIVE DATE Th~s ordinance shall be ~n effect January 1, 1996 Adopted by the Councd of the City of Vlrg~ma Beach, Vlrg~ma, on theg._th day of Hay , 1995 APPROVED AS TO LEGAL SUFFICIENCY - 19 - III- J. l . c. ORDINANCES ITEM # 39153 FY 1995-1996 OPERATING BUDGET APPROPRIATIONS Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances re court costs: AMEND and REORDAIN Section 17-19 of the Code of the City of Virginia Beach, Virginia, imposing a sum of Three Dollars ($3.00) for each civtl action filed. . AMEND and REORDAIN Section 1-12.1 of the Code of the City of Virginia Beach, Virginia, charge, as a part of the fees taxed as costs, a fee of Two Dollars ($2.00) in each criminal and traffic case, and a fee of One Dollar ($1.00) in each civil action. Voting: 10-1 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K. Dean Council Members Absent: None May 9, 1995 AN ORDINANCE TO AMEND AND REORDAIN SECTION 17-19 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO COURT COSTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA' , · That Section 17-19 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sec. Z7-$9. Established; imposition of assessment of additional court costs to support library. (a) Pursuant to section 42.1-70 of the Code of Virginia, as amended, the city hereby creates and establishes a public law library and, for the support thereof, does hereby impose and provide an assessment as part of the costs incident to each civil action filed in the courts located within the boundaries of the city in the sum of four three dollars ~ ($3.00) for each action so filed. (b) The assessment provided for herein shall be in addition to all other costs prescribed by law, but shall not apply to any action in which the commonwealth or any political subdivision thereof or the federal government is a party, and in which the costs are assessed against the commonwealth, any political subdivisions thereof or the federal political subdivisions thereof or the federal government. 26 27 this Adopted by the City Council of the City of Virginia Beach on 9~ day of ~y 1995. 28 29 30 31 CA-5881 DATA/ORD IN/PRO POS ED/17 - 19. ORD MARCH 15, 1995 RI APPROVED AS TO CONTENT ~)epartment of--Managemen~---dh'd Budget APPROVED AS TO LEGAL SUFFICIENCY AN ORDINANCE TO AMEND AND REORDAIN SECTION 1-12.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO COURT COSTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 1-12.1 the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bec. 1-12.1. Assessment of court costs for construction, maintenance or renovation of courthouse and facilities. (a) As an addition to any other fees prescribed by law, the clerks of the circuit court, general district court and the juvenile and domestic relations district court ~ .... ~ --~-~-~ -~ traffic ca:: shall charge and collect, as a part of the fees taxed as costs, a fee of two dollars ($2.00) in each criminal and traffic case, and a fee of one dollar ($1.00) in each civil action. (b) Each such clerk shall remit such fees to the treasurer of the City of Virginia Beach. (c) The treasurer shall hold such fees subject to disbursements authorized by city council for the construction, renovation or maintenance of courthouse or jail facilities and court-related facilities and to defray increases in the cost of heating, cooling, electricity and ordinary maintenance. 26 27 28 29 30 31 Adopted by the City Council of the City of Virginia Beach on this _. o.~ day of Mo., 1995. CA-5875 DATA/ORDIN/PRO POS ED/1-12 - 1. ORD MARCH 14, 1995 Ri APPROVED AS TO CONTENT 'l~'partmeht ot Managemem,-ah~ Budget APPROVED AS TO LEGAL SUFFICIENCY -..De~rnent~of Law - 20 - III-J. I.d. ORDINANCES ITEM # 39154 FY 1995-1996 OPERATING BUDGET APPROPRIATIONS Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 35 (Taxation) of the Code of the City of Virginia Beach, Virginia, by ADDING a new Article XIV re video programming excise tax. Voting: 10-1 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert IC Dean Council Members Absent: None May 9, 1995 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 35 [TAXATION] OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING A NEW ARTICLE XIV PERTAINING TO VIDEO PROGRAMMING EXCISE TAX BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 35 [Taxation] of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding a new Article XIV to read as follows: ARTICLE XIV VIDEO PROGRAMMING EXCISE TAX Sec. 35-265. Definitions. Except where the context clearly indicates a different meaning, the following words and phrases, when used in this article, shall, for purposes of this article, have the meanings ascribed to them in this section: "Cable operator" means any person or group of persons (i) that provides cable service over a cable system and directly or through one or more affiliates owns an interest in such cable system or 22 23 24 25 26 (ii) that otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system. "End-user subscriber" means the ultimate consumer of the video programming provided by video programmers over any means of transmission. End-user subscriber does not include a video 27 28 29 30 31 32 33 34 35 36 37 38 programmer that purchases a common carrier's video dialtone transport service to provide video programming over the common carrier's video dialtone system. "Gross receipts" means the amount charged for or received by (i) video programmers from sales of video programming and (ii) persons from sales of access to video programming, by any means of transmission, directly to end-user subscribers with service addresses in the city. Gross receipts shall not include: (i) amounts charged for or received by persons from sales of telephone access or service that entitles the subscriber to the privilege of interactive telephonic quality telecommunications with substantially all persons having telephone or radio telephone 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 stations constituting a part of a particular system or in a specified area; (ii) the excise tax imposed pursuant to this section if the tax is shown as a separate line charge to end-user subscribers: (iii) any other taxes, fees or surcharges on services furnished by common carriers or video programmers which are imposed on subscribers by the Commonwealth, counties, cities or towns pursuant to statute, ordinance, resolution or regulation and which are collected on behalf of said governmental unit by the provider of the services; or (iv) any portion of a debt related to the sale of video programming or the sale of access to a video network, the gross charges for which are not otherwise deductible or excludable, that have become worthless or uncollectible, as determined under applicable federal income tax standards. If the portion of the debt deemed to be bad is subsequently paid, the video programmer or person shall report and pay the excise tax on that portion during the reporting period in which the payment is made. "Local jurisdiction" means a county, city or town located in Virginia. "Person" means an individual, partnership, association, joint stock company, trust, corporation, governmental entity, limited liability company, or any other entity. "Video dialtone service" means a common carrier service for the transport of video programming to end-user subscribers. "Video programmer" means an individual, partnership, association, joint stock company, trust, corporation, governmental entity, limited liability company, or any other entity that sells video programming to end-user subscribers. "Video programming" means video and/or information programming provided by, or generally considered comparable to programming provided by, a cable operator. Video programming does not include online, interactive, information services to the extent access to such services is accomplished via a dial-up or private telephone line. 72 73 74 75 76 77 78 79 80 81 Sec. 35-266. Imposed. Pursuant to section 58.1-3818.3 of the Code of Virginia, as amended, there is hereby imposed and levied on any person that sells video programming to end-user subscribers located within the city by any means of transmission, or provides such end-user subscribers with access to video programming by any means of transmission, with or without the use of wires, an excise tax of five (5) percent on the gross receipts received from the provision of cable service or video programming services to customers in the city, and that is not otherwise subject to local fees or taxes 82 83 84 (other than generally applicable taxes) on the gross receipts received from the provision of cable service or video programming services to customers in the city. 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Sec. 35-267. Payment; pass-through; penalty and interest. /~ The tax imposed by this article shall be paid to the city treasurer by each person quarterly on or before March 31, June 30, September 30, and December 31 and shall be calculated based on the gross receipts of each person during the three months prior to the month of payment. Any payment of tax shall be considered as timely made if the payment which has been received by the city treasurer is postmarked by the United States Postal Service on or prior to the final day on which payment is to be received. (b) Any person subject to tax imposed pursuant to this article may elect at any time to pass through to end-user subscribers, as a separate, itemized line charge on the end-user subscriber's bill, the excise tax imposed hereunder. If this tax is passed through to and collected from end-user subscribers, the 99 taxes collected shall be deemed to be held in trust for the city 100 101 102 103 104 until remitted. (c) Failure to pay the taxes to the city treasurer on or before the due date set forth in subsection (a) of this section shall result in a penalty of ten (10) percent of the amount due or ten dollars ($10.00), whichever is lesser, which shall be added to 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 the amount due. In addition, interest at the rate of ten (10) percent annually from the first day following the last day the taxes are due to be paid may be added to the overdue principal and penalty. Sec. 268. Records. Each person subject to the tax imposed pursuant to this article shall maintain records of its gross receipts, and any other records associated with such person's payment of the tax. Such records shall be maintained for a period of three (3) years and shall be made available for inspection by the duly authorized Agents of the city at reasonable times during normal business ours. The duly authorized agents of the city shall have the authority to make such transcripts thereof during such times as they may deem necessary and appropriate. Sec. 35-269. Duties of city treasurer. The city treasurer shall be charged with the collection of the taxes imposed by this article and shall cause the same to be paid into the general treasury of the city. Sec. 270. Credit. Any person subject to the tax imposed by this article shall be entitled to a credit against such taxes equal in amount to any communications industry or similar taxes imposed on gross receipts from interstate video programming activity (other than sales or use tax or a generally applicable corporate income tax) that such person has paid to another state or political subdivision thereof under a lawful requirement of such state or political subdivision on sales by such person of the same video programming or sales of access to such video programming to end-user subscribers located within the city. The amount of the credit shall not exceed the tax imposed by this article on such sales of video programming or sales of access to video programming for which the tax is claimed. If the tax imposed by this article is passed through to and collected 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 from end-user subscribers, any tax credit permitted hereunder shall also be passed through to and credited against taxes collected fFom end-user subscribers. Sec. 35-271. Violations of article by service provider. Any person violating the provisions of this article, and any officer, agent or employee of any person violating the provisions of this article, shall be guilty of a Class 3 misdemeanor. Each failure, refusal, neglect or violation and each day's continuance thereof shall constitute a separate offense. Conviction for such violation shall not relieve any such person from the payment of the tax as provided in this article, and any penalty and interest associated therewith. Sec. 272. Effective date. Pursuant to section 58.1-3818.3B of the Code of Virginia, as amended, this article shall become effective on September 1, 1995. 152 153 Adopted by the City Council of the City of Virginia Beach on this 9~ day of My 1995. 154 155 156 157 CA-5871 DATA/ORDIN/PROPOSED/35-253et. ORD APRIL 4, 1995 R4 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~'"'Depar~ment of Law - 21 - III- J. 1. e. ORDINANCES ITEM # 39155 FY 1995-1996 OPERATING BUDGET APPROPRIATIONS Upon motion by Vice Mayor Sessotns, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 2-187.1 and 2-199 of the Code of the City of Virginia Beach, Virginia, re Operating Budget and Capital Budget Amendments, respectively. Voting: 10-1 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K. Dean Council Members Absent: None May 9, 1995 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-187.1 AND 2-199 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO OPERATING BUDGET AND CAPITAL BUDGET AMENDMENTS, RESPECTIVELY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 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 That Sections 2-187.1 and 2-199 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Sec. 2-187.1. Bu4get amendment procedures. a Tho c ~c ..... u ................... ....,,~ a , ..... t:n~. c; ...c,, thc %.,.,..,.~,.L ,,...,,., ,,,.A,-%.,.L v · ~...L · (a) The city council may amend the budget from time to time to increase the a~{:lregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget; provided, however, that any such amendment which exceeds one (1) percent of the total revenue shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 public hearing once in a newspaper having general circulation in the city, at least seven (7) days prior to the meeting date. Cb) The notice shall state the city's intent to amend the budget and include a brief synopsis of the proposed budget amendment. Any such amendment may be adopted at the advertised meeting, after first providing a public hearing during such meeting on the proposed budget amendment. Sec. 2-X99. Same--amen4ments. (a) The city council may amend the capital improvement program and capital budget appropriation ordinance from time to time to increase the aggregate amounts thereof, provide for supplemental appropriations from available revenue, add or delete projects and transfer funds between projects. (b) Supplemental appropriations to the capital budget shall be adopted by the vote of at least a majority of all of the members of council. However, any such supplemental appropriation which exceeds one (1) percent of the total revenue shown in the approved capital budget may only be accomplished after providing a public hearing on the proposed amendment. Notice shall be given by publishing a notice of a meeting and public hearing once in a newspaper having general circulation in the city, at least seven (7) days prior to such public hearing and meeting. The notice shall state the council's intent to amend and include a brief synopsis of the proposed amendment. (c) Subject to any applicable restrictions of law or restrictions of any bonds or bond issue, amendments which do not require supplemental appropriations, but which involve a transfer ~ ~"-~- ~ ......... ~- ~ additions or deletions of projects or in the case of the capital improvement program an increase in the aggregate amount thereof, may be made without requirement of a public hearing by a majority of all of the members of city council at the same meeting at which such amendment is introduced. 70 71 72 73 this Adopted by the City Council of the City of Virginia Beach on 9~ day of ~¥ 1995. 74 75 76 77 CA-5877 DATA/ORDIN/PROPOSED/2-187-1. ORD MARCH 15, 1995 Ri APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~ISepartment of Law - 22 - III-J. 1.f. ORDINANCES ITEM # 39156 FY 1995-1996 OPERATING BUDGET APPROPRIATIONS Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 2, Article VII, of the Code of the City of Virginia Beach, Virginia, re Department of Management and Budget. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: Robert K. Dean Council Members Absent: None May 9, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ARTICLE VII OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DEPARTMENT OF MANAGEMENT AND BUDGET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 2, Article VII of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: ARTICLE VII. DEPARTMENT OF MANAGEMENT.-._~ -v-v-.~"~' BERVICES Sec. 2-246. Created; composition. There is hereby created a department to be designated the department of management_.._~-~ -~-~~"~-A~ services, which shall consist of a director of the department, and such other employees as may be prescribed by the Charter, or by ordinance, or by the city manager or the director consistent therewith. Bec. 2-247. Functions. The department of management~.._~-~ ___~~"~-~ services shall be responsible for resource management, review~ and allocation~ and for budget and capital program policy development, and for the following general duties, including any other duties which may be required, assigned, or prescribed by the council or the city manager: (1) Plan, prepare, and develop the annual operating budget, including estimates of appropriations and revenues for support of the operating budget, consistent with the provisions of chapter 5 of the Charter, and carry out the same duties for all amendments thereto. (2) Plan, prepare, and develop for council a the capital improvements program and capital 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 (3) (4) (5) (6) budget in accordance with section 2-195 and carry out the same duties for all amendments thereto. Be responsible for p.~p-.~ ..... of short-term and multi-year financial forecasts of both expenditures and revenues and annually prepare a five-year forecast of expenditures and revenues· Perform internal financial and compliance auditing of city agencies on a scheduled basis and such special audits as required by the city manager or the director of management ~-~ ~'-~-A~ services Be responsible for economic and fiscal impact analysis, performance auditing, policy and fiscal analysis, and program evaluation for services reqarding city programs, agencies, business processes and projectsT and for provision of management assistance services for pro, rams ................. x..,~ ........... to teams, aqencies and proqrams to improve cost manaqement, business processes and operations. Coordinate and or carry out city-wide surveys, strategic and fiscal planning~..~-~ ~.~-~ ~...~~^~--, and provide staff support for special studies and projects. 54 55 this Adopted by the City Council of the City of Virginia Beach on 9~ day of ~¥ 1995. 56 57 58 59 CA-5888 DATA/ORDIN/PROPOSED/CHAPT2-7. ORD MARCH 22, 1995 Ri APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY - 23 - III-J. 1. e. ORDINANCES ITEM # 39157 FY 1995-1996 OPERATING BUDGET APPROPRIATIONS Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 8-31, 8-32, 8-33 and 8-34 of the Code of the City of Virginia Beach, Virginia, re buildings and building regulations. City Staff will work with TBA re new regulations prior to effective date. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert I~ Dean Council Members Absent: None May 9, 1995 10 11 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 8-31, 8-32, 8-33 AND 8-34 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO BUILDINGS AND BUILDING REGULATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 8-31, 8-32, 8-33 and 8-34 of the Code of the City of Virginia Beach, Virginia are hereby amended and reordained to read as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Sec. 8-31. Permit fees--Building permits. (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any building or structure as defined in the Virginia Uniform Statewide Building Code, without first obtaining a building permit therefor and paying the permit fees set forth in this section· (b) The minimum fee for any building permit shall be fiftccn twenty-five dollars ~ ($25.00). (c) For the construction of any building or addition thereto where the floor area is increased and for the installation or erection of any industrialized building unit, the fee shall be based on the floor area to be constructed, as computed from exterior building dimensions at each floor, as follows: " ~-- 5 000 $ 1~0 ~...= nn 5,000--100,000 I00-- 2,000 7.00 lC 000-- ~= ~n ="0 = nn 34 ~= ~n~ 1,370 4 nn 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 ~vv~ ~vvv ~v v®vv 810 4.nn 3,000--~,~= OOO 80 3 220 3.nn ~^-- : ~^ 4 O0 10,000~ 360 ~...~ nn ~®vv ~vvv, vv ~®vv (1) Residential -- Living Area -- $25.00 for the first 100 square feet plus $6.00 for each additional 100 square feet or fraction thereof. (2) Residential -- Nonheated Buildinq Area (Residential accessory buildings and structures) -- $25.00 for the first 100 square feet plus $4.00 for each additional 100 square feet or fraction thereof. (3) Businesses/Mercantile -- Buildinq Area -- $25.00 for the first 100 square feet plus $7.00 for each additional 100 square feet or fraction thereof. (4) Institutional -- Building Area -- $25.00 for the first 100 square feet plus $7.00 for each additional 100 square feet or fraction thereof. 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Assembly, churches, and government buildings -- Building Area -- $25.00 for the first 100 square feet plus $7.00 for each additional 100 square feet or fraction thereof. ¢6) Storage -- Building Area -- $25.00 for the first 100 square feet plus $4.00 for each additional 100 square feet or ~raction thereof. ¢7) Hazardous Storage or Occupancy -- Building Area -- $25.00 for the first 100 square feet plus $4.00 for each additional 100 square feet or fraction thereof. (8) Industrial --building Area -- $25.00 for the first 100 square feet plus $5.00 for each additional 100 square feet or fraction thereof. (9) Farm Buildings -- Building Area -- $25.00 for the first 100 square feet plus $3.00 for each additional 100 square feet or fraction thereof. Farm buildings and structures shall be subject to the requirements of this section; provided, however, that farm buildings and structures not used for residential purposes shall not be subject to the technical requirements of the Virginia Uniform Statewide Building Code. (10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial interior finish, miscellaneous structures and structures located in a Chesapeake Bay Preservation Area or a Southern Watersheds Area for which a permit fee is not otherwise prescribed by this section, including, but not limited to, patios and driveways: ~" ~ fi~--- ~-~i-- '~ = ~ ~-- For a valuation of one thousand dollars ($1,000) or less the fee shall be $25.00. For a valuation o~ over one thousand dollars ($1,000), the fee shall be $25.00 plus $5.00 for 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 each additional one thousand dollars ($1,000) or fraction thereof· ~ ~ ...... luat~'· -- +--- ~=~ +-,,. ...... -, .a..~ ~ .i..&. · q,,.,, %,,.& J.~.ly,m,,&m,..~,~4,& &q,,.,4. q..4. q,,.~..L..L, ~,.,&d., ~ ~.. %..,. J,., %.,., & & q,,.,~ ,bm, b,~ %,& & ,I, ~4. ~.,,~ ,dm. .m. ,/,. %,& q,... ,m.. ,d.. q~,. & m m..,& &.,... J. ~.,~ m. · ~ ~c,r .... 1.,-.4-.: ..... 4-,., ...,.,,t ~.-...1...-,1;,~,.. ~. ..... 4-,. ,.~.,.L.m.,.~.m.,..~ %¥..,,,,,,.,v·v,,,} _m~, .,.. ,-~,-~ .m....m. v ~.. ~4 ~., .,..m. ,.~.~. ,.~ % ¥,-- · v~-/ ~- ~.,.,. ]- d. %.4..~,* %. ..&. ...~' & & %.,. & & ~,.,. J., ~,..,. q,,,~ J., · m...&a%.,~...m,.~.~'~4,&&q,.4, ~.4,%.~.m...,m.~.&,&. b.~ % ,,~,..&.v~-, , ~.m'~..,v · v~..y / , q-.aa',-,,, d..,,..,,q...,., b,3,&&l.,,i..i.,.i. ($3· O'"' fcr each -~it" ~-~ ~ ...... '~ "" ~=-""~'" ~-- v.m.. (11) Moving of buildings or structures: For the moving of any building or structure into, out of, through or within the city, the fee shal 1 be calculated in accordance with subsection (c) (1). (12) Demolitions: For the demolition of any building or structure, the fee shall be ~ ..... ~"'-~:"'"" ...... z .... fifty dollars Jc$~)%+ ($50· 00). (13) Signs: a. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of signs shall be based on the total surface area of all sign faces, and shall be as follows: 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 · · Single-face signs: 4--32 square feet ... 33--75 square feet... 76--150 square feet... Double-face signs: 4--32 square feet... 33--75 square feet... 76--150 square feet... $ 40.00 60.00 100.00 $ 80.00 100.00 120.00 b. The fee for a permit for the repair of a billboard shall be in accordance with subsection (c)(10). c. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of temporary signs shall be in an amount equal to one-half of the fee chargeable for permanent signs of like size. (14) {~-l-t-yAdministrative Fee: If any construction, alteration, repair, or other work requiring a permit under this article is commenced before a permit is secured and fee paid for same, ~ .... ~.. A~ ~.. ~A~~ (~= ) i i ti ~ ...... ~ ...... ~ ....... y~0.00 an adm n stra ve fee of one hundred dollars ($100.00) shall be added to the fee due. Payment of such ~ administrative fee shall not in any way relieve the violator of any criminal prosecution· (15) Tents: Tents and other temporary structures permit fee shall be fifteen twenty-five dollars ~ ($25.00). (16) Reinspection fee: There shall be a minimum of twenty-five dollars ($25.00) additional fee charged for each reinspection. (17) Appeal: The fee for submitting an appeal to the board of building code appeals shall be ~ ...... ..... ~---~--^~ .... seventy-five dollars ~ ..... , ($75·00)· Such fee shall be paid by the appellant· (18) Reconnect or change of use: There shall be a minimum fee of ty ,-~n ~, $25 00) for each inspection· twen -five dollars ~y ..... , . (19) Application for septic tank soil evaluation: The fee shall be fifty dollars ($50·00) paid at the time of application· If the application is approved, the septic tank permit shall be issued with no additional fee. 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 (20) There shall be a deposit fee of one hundred dollars ($100.00) for review of commercial plans which shall be applied towards the building fee at the time of issuance. 8mc. 8-32. Same--Plumbing pez~its. (a) The fee for a permit for plumbing work, as required by the building code, shall be ~ twenty-five dollars ~ ($25.00) and, in addition thereto, the following: (1) Each plumbing fixture, floor drain or tap: Four F~ve dollars ~ ($5.00). (2)Each house sewer connection: Ten Twenty-five dollars ($25.00). (3) Each house water connection: Tan Twenty-five dollars ~ ($25.00. (4) On-site sanitary sewer collector linesT £ ~ one building - twenty-five dollars ($25.00). two or more buildings+- ~fifty dollars ($50.00). (5) On-site potable water distribution linesT£ ~ one building+ - twenty-five dollars ($25.00), two or more buildings - ~_fifty dollars ($50.00). (6) Public Utilities Ultra Low Flush Toilet Program: Twenty- five dollars ($25.00) for the first three toilets plus $5.00 for each toilet over three. (b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and charges provided for in chapters 28 and 37 of this Code. (c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid therefor, an administrative fee of one hundred dollars ($100.00) per unit shall be added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. 8mc. 8-33. Same--Mechanical and gas permits. (a) The minimum fee for any mechanical or gas permit required by the building code shall be fiftccn twenty-five dollars ~ ($25.00) with the exception that the fee for the installation of 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 gas outlets for a gas piping system shall be ~ twenty-fiv_e ~ ~ f$4 00) ¥~., · v~,, i · dollars (~*' ~ ""*' "' - ~ ..... ) ~, plus ~ four dollars ( for each additional outlet over two (2)· For the installation or replacement of mechanical systems or e~ipment, the fee shall be ~ twentY-five dollars ($25.00~ ~o~ ~e ~~ o~e ~o~~ ~o~~ ($~, 000. 00) -~ ~- ~ ~ .... ~_~. ~-~ ~-~ .... ~ value plus fou~ value or fraction thereof. __ b~ For annual ins ections of elevators and escalators the fee shall be as follows: /~ Annual safety test & inspection: a_~. Tractor/cable elevator- ~ b.~ _Hydraulic elevator- ~ c_~. _Frei~qht elevators - 0~ ~ Escalator -~ 00~.0 /~ Five ear full rate load safet test and ins ection: a~. Tractor/cable elevators -_ ~ /~ On an mechanical work commenced before a mechanical be added to the fee due. Pa ent of such administrative fee shall imposed by the courts~ Bec. 8-34. Same--Electrical permits. (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in this section. (b) There shall be charged a minimum fee of ~ ~ fiv~e dollars ~ ~ for each permit issued. (c) For a permit issued for a temporary service, such as a trailer, house meter or meter loop added to an existing service, the fee shall be ~ twenty-five dollars ~=r~r9%~ ~' (d) For a permit for any special condition, such as and including buildings moved, swimming pools, carnivals, services relocated but not increased and the like, the fee shall be a 244 245 246 247 248 249 25O 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 minimum of fiftccn twenty-five dollars ~ ($25.00). The fee for a permit for prefabricated buildings for out-of-city use shall be twenty-five dollars ~ ($25·00). (e) For a permit issued for original construction, the following fees include all equipment outlets only if specifically listed on the application and installed by the permit holder before the final inspection, such fees being based on the maximum current carrying capacity of each set or subset of service conductors installed, to the nearest fifty (50) amperes: (1) Single-phase: ~;~--- ~-~ ~--- '~ = ~n, ~A~ ~.. ,=n, ~ Twenty-five dollars ($25.00) plus fifteen dollars ($15.00) for each additional 50 amperes· ( 2 ) Three-phase ......... ~ ...... ~ '~ ~' ....... Fifty ($50 ) .......... ~ ~, ~, .... ~ ..... dollars .00 for the first 50 amperes plus twenty dollars ($20.00) for each additional 50 amperes· When se~ices are increased or phases added, the fee shall be one- half the rate above, plus the added e~ipment fee. For fee purposes, the se~ice-panel nameplate amperage rating shall be used. For each piece of e~ipment connected and for each circuit or feeder installed, extended, relocated or repaired, the fee shall be+ twenty-five dollars ($25·00) plus five dollars ($5.00) per circuit· 273 274 ~ --~0 4o ~ 275 fl--100 #4, 3, ~ $ 5.00 each 276 277 278 279 280 281 282 283 284 285 286 (g) On any electrical work co~enced before an electrical pe~it has been issued and the requisite fee paid therefor, .... ~" ~ ~" ~~- '~=~ ~' administrative fee of ~ ...... z ...... z ....... ~v ..... , an one hundred dollars ($100.00) per unit shall be added to the fee due. Pa~ent of such ~ administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. Adopted by the City Council of the City of Virginia Beach on this 9~ day of ~y 1995. 287 288 289 290 CA-5739 DATA/ORD IN/PRO POS ED/8 - 31ETSQ. ORD MAY 3 , 1995 R3 APPROVED AS TO COHTEHT Department of Planmng APPROVED AS TO LEGAL SUFF~C~2qCY Department of Law //J - 24 - III-J. l.h. ORDINANCES ITEM # 39158 FY 1995-1996 OPERATING BUDGET APPROPRIATIONS Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 35 (Taxation) of the Code of the City of Virginia Beach, Virginia, by ADDING a new Article XIII re local telecommunication service taxes. The penalty for failure to remit the tax is 10% of the tax due, not to exceed $3.00. Voting: 10-I Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy t¢ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert IC Dean Council Members Absent: None May 9, 1995 10 11 12 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 35 [TAXATION] OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING A NEW ARTICLE XIII PERTAINING TO LOCAL TELECOMMUNICATION SERVICE TAXES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 35 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding a new Article XIII to read as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ARTICLE XIII. LOCAL TELECOMMUNICATION SERVICE TAXES Sec. 35-Z$3. Definitions. Except where the context clearly indicates a different meaning, the following words and phrases, when used in this article, shall, for purposes of this article, have the meanings ascribed to them in this section: "Affiliated group" shall have the same meaning ascribed to it in section 58.1-3703B10 of the Code of Virginia, as amended; provided, however, that, for purposes of this article, the word "entity" shall be substituted for the word "corporation" whenever it is used in section 58.1-3703B10. "Bad debts" means any portion of a debt related to a sale of local telecommunication services, the gross charges for which are not otherwise deductible or excludable, that has become worthless or uncollectible, as determined under applicable federal income tax standards. If the portion of the debt deemed to be bad is subsequently paid, the service provider shall report and pay the tax on that portion during the reporting period in which the payment is made. I! Consumer means a person who, individually or through agents, employees, officers, representatives, or permittees, makes a taxable purchase of local telecommunication services. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 "Enhanced services" means services that employ computer processing applications to act on the format, code, or protocol or similar aspects of the information transmitted; provide additional, different, or restructured information; or involve interaction with stored information. "E-911 system" means a telephone service which utilizes a computerized system to automatically route emergency telephone calls placed by dialing the digits "911" to the proper public safety answering point serving the jurisdiction from which the emergency telephone call was placed. An E-911 system includes selective routing of telephone calls, automatic telephone number identification, and automatic location identification performed by computers and other ancillary control center communications equipment. "Gross charges" means, subject to the exclusions set forth herein, the amount charged or paid for the taxable purchase of local telecommunication services. However, "gross charges" shall not include the following: 1. Charges or amounts paid that vary based on the distance and/or elapsed transmission time of the communication that are separately stated on the consumer's bill or invoice; 2. Charges or amounts paid for customer equipment, including such equipment that is leased or rented by the customer from any source, if such charges or amounts paid are separately identifiable from other amounts charged or paid for the provision of local telecommunication services on the service provider's books and records; 3. Charges or amounts paid for administrative services, including, without limitation, service connection and reconnection, late payments, and roamer daily surcharges; 4. Charges or amounts paid for special features that are not subject to taxation under section 4251 of the Internal Revenue Code of 1986, as amended; 5. Charges or amounts paid that are (i) the tax imposed by section 4251 of the Internal Revenue Code of 1986, as amended or 71 72 73 74 75 76 77 78 79 80 81 82 83 (ii) any other tax or surcharqe imposed by statute, ordinance or requlatory authority; or 6. Bad debts. "Local telecommunication service," subject to the exclusions set forth herein, includes, without limitation, the two-way local transmission of messages throuqh use of switched local telephone services; te!eqraph services; teletypewriter; local cellular mobile radio telecommunication services; specialized mobile radio; stationary two-way radio; or any other form of two-way mobile and portable communications. "Local telephone service," subject to the exclusions set forth herein, includes any service subject to federal taxation as local telephone service as that term is defined in section 4252 of the 84 85 86 87 88 Internal Revenue Code of 1986, as amended, or any successor statute. "Mobile local telecommunication service" means any two-way mobile or portable local telecommunication service, including cellular mobile radio telecommunication service and specialized 89 90 91 mobile radio. "Mobile service consumer" means a person having a telephone number for mobile local telecommunication service who has made a 92 93 94 95 96 97 98 99 100 101 102 103 104 taxable purchase of such service or on whose behalf another person has made a taxable purchase of such service. "Mobile service provider" means every person engaged in the business of sellinq mobile local telecommunication services to consumers. "Public safety agency" means a functional division of a public aqency which provides fire-fightinq0 police, medical, or other emerqency services, or a private entity which provides such services on a voluntary basis. "Public safety answerinq point" means a communications facility operated on a twenty-four-hour basis which first receives E-911 calls from persons in an E-911 service area and which may, as appropriate, directly dispatch public safety services or extend, 105 106 107 108 109 110 111 112 113 114 115 116 117 118 transfer, or relay E-911 calls to appropriate public safety agencies. "Residential consumer" shall not include any consumer of mobile local telecommunication service. "Service address" means the location of the telecommun.ication eauipment from which the telecommunication is originated or at which the telecommunication is received by a consumer. However, if the service address is not a defined location, as in the case of mobile telephones, maritime systems, air-to-qround systems and the like, "service address" shall mean the location of the subscriber's primary use of the telecommunication equipment within the licensed service area. (A mobile service provider may obtain a signed statement from a consumer indicating which county, city or town within the licensed service area is the location of the consumer's 119 120 121 primary use of the telecommunication equipment. A mobile service provider shall be entitled to rely absolutely on a consumer's signed statement and shall remit the taxes collected to the county. 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 city or town identified by the consumer. In the absence of a signed statement by a consumer, a mobile service provider shall identify the county, city or town of the consumer's primary use and shall remit the tax to such county, city or town based on any other reasonable method, including, without limitation, the consumer's billing address, service address, or telephone number within the licensed service area.) "Service provider" means every person enqaged in the business of selling local telecommunication services to consumers. "Taxable purchase" means the acquisition of telecommunication services for consumption or use; however, taxable purchase does not include (i) the provision of telecommunications among members of an affiliated group of entities by a member of the group for their own exclusive use and consumption and (ii) the purchase of telecommunications for resale in the subsequent provision of telecommunications, includinG, without limitation, carrier access charges, right of access charges, and charges for use of inter- company facilities; however, the acquisition of telecommunications 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 by a provider of enhanced services is not the purchase of telecommunications for resale, even when the cost of the telecommunications is separately stated to the purchaser of the enhanced services, as long as the primary object of the purchase of the telecommunications by the provider is for the provision of enhanced services and not telecommunications. A person may make tax-free purchases of telecommunications for resale if the person provides to the service provider a sworn affidavit indicating that the person's purchases are nontaxable sales for resale. Sec. 35-254. Imposed. fa) Pursuant to section 58.1-3812 of the Code of Virginia, as amended, there is hereby imposed and levied on every taxable purchase by a consumer of local telecommunication service, when such consumer's service address is located in the city, a tax at a rate equal to twenty (20) percent of the monthly gross charge to the consumer of such service; provided, however, that this tax shall not be applicable to any amount so charged in excess of twelve dollars ($12.00) per month for each residential consumer. (b) Pursuant to section 58.1-3812 of the Code of Virginia, as amended, there is hereby imposed and levied on every taxable purchase by a consumer of mobile local telecommunication service, when such consumer's service address is located in the city. a tax 162 163 164 165 166 167 168 169 170 171 172 173 174 at a rate equal to ten (10) percent of the monthly gross charge to the consumer of such service; provided, however, that this tax shall not be applicable to any amount so charged in excess of thirty dollars ($30.00) per month for each mobile service customer. Pursuant to section 58.1-3812B of the Code of Virginia, as amended, the tax imposed and levied by this subsection (b) shall be effective sixty (60) days subsequent to written notice by certified mail to the registered agent of the service provider that is required to collect the tax. ¢c) With respect to commercial consumers of local telecommunication service, the tax shall be twenty (20) percent on basic charges for local telephone service, and all other services provided in connection with local telephone service shall be taxed 175 176 177 at four (4) percent. The tax imposed by this section shall not be applied to any portion of a monthly charge for any single telephone utility service to a commercial or industrial consumer that exceeds 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 2O2 203 four hundred dollars ($400.00). Cd) In addition to the taxes imposed by subsections (a). (b) and (c) of this section, there is hereby imposed and levied on every consumer of local telephone service, pursuant to section 58,1-3813 of the Code of Virginia, as amended,a tax in the amount of one dollar and ninety-five cents ($1.95) per month commencing July 1, 1993. Of this one dollar and ninety-five cents ($1.95) tax paid by the consumer to the service provider of local telephone service, thirty-one cents ($0.31) shall be for the use of the city to pay for the initial capital, installation and recurring maintenance costs of the E-911 system. The remaining portion of this one dollar and ninety-five cents ($1.95) tax, i.e., one dollar and sixty-four cents ($1.64) paid by the consumer to the service provider, shall be for the city to pay for maintenance, repair and system upgrade costs and salaries or a portion of salaries of dispatchers or call takers paid by the city which are directly attributable to the E-911 program. The tax imposed by this subsection (d) shall not apply to any local telephone service where a periodic bill is not rendered. Sec. 35-255. &pplicabilit¥ to local telephone service. The taxes imposed by this article on consumers of local telephone service shall apply to all charges made for local telephone service except local messages which are paid for by inserting a coin or coins in coin-operated telephones. Sec. 35-256. Exemptions. The United States of America and the Commonwealth of Virginia, 204 205 206 207 208 209 210 together with all agencies thereof, are hereby exempt from the payment of the taxes imposed by this article with respect to the purchase of services used by such governmental agencies. Sec. 35-257. Computation when service provider collects charges periodically. In all cases where a service provider collects charges for services periodically, the taxes imposed by this article may be 6 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 computed on the aggregate amount of purchases during such period; provided, that the amount of the taxes to be collected shall be the nearest whole cent to the amount computed. Sec, 35-258. Duty of service provider to collect, report amd remit; penalty and interest. (al It shall be the duty of every service provider, in acting as the tax collection medium or agency for the city, to collect from each consumer, for the use of the city, the taxes imposed by this article at the time of collecting the purchase price charged for the service. The taxes so collected during each calendar month shall be reported and remitted by each service provider to the city treasurer on or before the fifteenth day of the second calendar month thereafter. The required report shall be in such form as may be prescribed by the city treasurer. Cb) Failure to remit the taxes so collected to the city treasurer on or before the due date set forth in subsection (a) of 227 228 229 230 231 232 233 234 235 236 this section shall result in a penalty of ten (10) percent of the amount due or ten dollars ($10.00), whichever is lesser, which shall be added to the amount due. In addition, interest at the rate of ten (10) percent annually from the first day following the last day the taxes are due to be remitted may be added to the overdue principal and penalty, and collected from the delinquent service provider. Sec. 35-259. Service provider's records. Each service provider shall keep complete records showing all purchases of local telecommunication service in the city. which 237 238 239 records shall show the date of each bill, the price each consumer is charged with respect to each purchase, and the amount of taxes imposed by this article. Such records shall be made maintained for 240 241 242 243 244 a period of three (3) years and shall be made available for inspection by the duly authorized agents of the city at reasonable times during normal business hours. The duly authorized agents of the city shall have the authority to make such transcripts thereof during such times as they may deem necessary and appropriate. 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 Sec. 35-260. Duties of city treasurer. The city treasurer shall be charged with the collection of the taxes imposed by this article and shall cause the same to be paid into the general treasury of the city. Sec. 35-261. Refund. Any consumer shall be entitled to a refund from the city equal to the amount of any local telecommunication service tax the consumer paid to a jurisdiction outside of the Commonwealth if such tax was legally imposed in such other ~urisdiction; however, the amount of credit or refund shall not exceed the tax paid to the city. Sec. 35-262. Failure of consumer to pay; violations of article by service provider. Any consumer failing, refusing or neglecting to pay the tax imposed by this article and any service provider violating the provisions of this article, and any officer, agent or employee of any service provider violating the provisions of this article, shall be guilty of a Class 3 misdemeanor. Each failure, refusal, neglect or violation and each day's continuance thereof shall constitute a separate offense. Conviction for such violation shall not relieve any such person from the payment, collection and remittance of the tax as provided in this article, and any penalty and interest associated therewith. 8eo. 35-263. Compensation for collection of E-911 tax. Pursuant to section 58.1-3813E of the Code of Virginia, as amended, whenever the tax imposed by section 35-254(d) of this article is collected by the service provider acting as the tax collection medium or agency for the city, such service provider shall be allowed as compensation for the collection and remittance of the tax three (3) percent of the amount of tax due and accounted for. The service provider shall deduct this compensation from the payments made to the city treasurer in accordance with section 35- 258 (a) . 278 279 28O 281 Seo. 35-264. Reduotion of E-911 tax. Effective July 1, 1999, the tax imposed under section 35- 254(d) shall be reduced to one dollar and sixty-two cents ($1.62) per month. 282 283 this Adopted by the City Council of the City of Virginia Beach on 9th day of May 1995. 284 285 286 287 CA-5874 DATA/ORDIN/PROPOSED/35-XIII.ORD MAY 3, 1995 R4 APPROVED AS TO CONTENT Department of Manage~nd Budget APPROVED AS TO LEGAL III-J. l. i. ORDINANCES ITEM # 39159 FY 1995-1996 OPERATING BUDGET ,~PROPRIATIONS Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 35, ,4rticle V of the Code of the City of Virginia Beach, Virginia, re tax on purchasers of utility services. Voting: 10-1 Council Members Voting ,4ye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert IC Dean Council Members ,4bsent: None May 9, 1995 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 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 35, ARTICLE V OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO TAX ON PURCHASERS OF UTILITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 35, Article V of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 35-114. Definitions. Except where the context clearly indicates a different meaning, the following words and phrases, when used in this article, shall, for the purposes of this article, have the meanings ascribed to them in this section: Person. The word "person" includes any individual, firm, partnership, association, corporation and any combination of individuals of whatever form and character. Purchaser. The word "purchaser" includes every person who purchases a utility service. Seller. The word "seller" includes every person who furnishes a utility service. Utility service. The phrase "utility service" includes local service, water service and gas service, whether generally termed a utility service or not, for which the purchaser is rendered a separate invoice by the seller, furnished in the corporate limits of the city· Sec. 35-115. Levied; amount; exclusions. A_ ~A~-ing January f~'-st and cn (a) F~ each ycar, ~ ...... ;~ Pursuant to section 58 1-3814 of the Code of Virqinia, as amended, there is hereby imposed and levied by the city, upon each residential purchaser of a utility service, ata× in the amount of 3~6 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 twenty (20) percent of the charge, exclusive of any federal tax thereon, made by the seller against the purchaser with respect to each utility service. ~ There is excluded from the tax imposed and levied by this section so much of the charge, exclusive of any federal tax thereon, made by the seller against the purchaser for ...... tility serviceT in excess of twelve dollars ($12.00) for any single-family unit for any month or part of a month. Where more than one single- family unit is served by one meter, in computing such maximum of twelve dollars ($12.00), the same shall be multiplied by the number of single-family units served by such meter. idcntial telcphonc scrvicc ........ ~, ~ ........ ~ Januar f~- ~ .......... ~ .......... ...... ~ Pu~uan~ ~o ~~on ~8 ~-38~4 of ~h~ ~od~ of V~n~a, a~ amended, there is hereby imposed and levied by the city, upon each commercial or industrial purchaser of an electric, gas, or water utility service, a tax in the amount of fifteen (15) percent of the first five hundred dollars ($500.00) of the monthly charge, and five (5) percent on the amount between five hundred dollars ($500.00) and one thousand six hundred dollars ($1,600.00) of the monthly charge for any single billing for electric, gas, or water service, exclusive of any federal tax thereon, made by the seller against the purchaser with respect to each utility service. The tax imposed by this section shall not be applied to any portion of a monthly charge for any single electric, gas, or water utility service to a commercial or industrial purchaser that exceeds one thousand six hundred dollars ($1,600.00). 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 (c) For the purposes of this section, the words "co~ercial or industrial purchaser" shall not be construed to include a purchaser in the business of renting apartments or other such dwelling units as to utility service furnished directly to an apartment or other such dwelling unit; provided, however, that utility services purchased by such purchaser through separate meters for hallways, swiping pools, outside lighting and other accessory uses shall be deemed co~ercial or industrial purchases· ..... ~ ........ for l~l a ~ ~ · · · Sec. 35-X19. Dut2 of seller to collect, report and remit; penalty and interest. (a) It shall he the duty of every seller, in acting as the tax collection medium or agency for the city, to collect from each purchaser, for the use of the city, the tax imposed by this article at the time of collecting the purchase price charged for the service. The taxes so collected during each calendar month shall be reported and remitted hy each seller to the city treasurer on or before the fifteenth day of the second calendar month thereafter. The required report shall he in such form as may be prescribed by the city treasurer. (b) Failure to remit the taxes so collected to the city 103 treasurer on or before the due date set forth in subsection (a) of 104 105 106 this section shall result in a penalty of ten (10) percent of the amount due or ten dollars ($10.00), whichever is lesser, which shall be added to the amount due. In addition, interest at the 3 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 rate of ten (10) percent annually from the first day followinq the last day the taxes are due to be remitted may be added to the overdue principal and penalty, and collected from the delinquent seller. "' ' " "~' I - -- switohad local .... · ~ C.,- VXCC ........ O ........... -~... e 142 '~ P .... a,.t ~ ~ ~ "' ~ .... ~ ~ ~' ~ -3 ~/ ............... j ~ ....... In s ....... 5g.l gl3 of 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 ity ~n .... 1 '~ ~"~ ~~ ~ for the ~ ~f the c to pay for thc ~ ~ e,.,~ ,,~ a,.~ %..,, w..... & & l e ,& & & ~.., &, q,,... & &l. ~',M. ,.i. & & .m. & & q,,.-~ ,L.,, %,./d.. q.,...&, q,./& & %M, .i. .4., & & ,.&. k.,~ a & .L & & ~,., %,.,,,Z local ' id f any ~ervlcc ....... ~ .................................. 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 ~4,&t&'~.~'%.4.&a ~... ~..wd.. ~,..'%.~dl'~. '4.,&,d~__l~q~,~'.4.,d&...E..&&q~ ~,S&& ~..'~4.~.,'&& J~,S ..&. .&. .&. · any sellcr shall be gu:ity cf a Clas~ &L&%WA a t,,.&& 4. 198 199 Adopted by the City Council of the City of Virginia Beach on this 9~ day of ~y 1995. 200 201 202 203 CA-5876 DATA/ORDIN/PROPOSED/UTILITY. ORD MARCH 14, 1995 Ri APPROVED AS TO CONTENT Department of Management a'h'~Budget APPROVED AS TO LEGAL Dcpartmcnt of Law - 26 - llI-J, ij. ORDINANCES ITEM # 39160 FY 1995-1996 OPERATING BUDGET APPROPRL4TIONS Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach by the ADDITION of Appendix J, establishing the Agricultural Reserve Program for the preservation of agricultural lands within the City. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K. Dean Council Members Absent: None May 9, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF THE CITY OF VIRGINIA BEACH BY THE ADDITION OF AN APPENDIX J, ESTABLISHING THE AGRICULTURAL RESERVE PROGRAM FOR THE PRESERVATION OF AGRICULTURAL LANDS WITHIN THE CITY · BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach be, and hereby is, amended and reordained by the addition of an Appendix thereto, to be designated as Appendix J, which shall read as follows: Section ~. Title. This Ordinance shall be known as the Agricultural Lands Preservation Ordinance of the City of Virginia Beach. Section 2. Purpose. The purpose of this Ordinance is to promote and encourage the preservation of farmland in the rural southern portion of the City. where agricultural uses predominate, by means which are voluntary. rather than regulatory. The preservation of farmland will promote and enhance agriculture as an important industry which contributes to the maintenance of a diverse and healthy local economy. In addition, the preservation of farmland will: [a) Preserve the rural character of the southern portion of the City; (b) Conserve and protect environmentally sensitive lands, waters and other resources; (c) Reduce and defer the need for major urban infrastructure improvements in the southern portion of the City and the expenditure of public funds for such improvements; (d) Preserve open space; and (el Assist in sha~in~ the character, direction and timin~ of community development. 8ec~io~ 3, ~ndinas. A~ricul~ure is an integral component of the City's economy. Agriculture, tourism and the military are the three major industries in Virginia Beach, and maintaining the continugd 36 37 38 39 40 41 42 vitality of all three is necessary in order to achieve add preserve a balanced tax base and a diverse, healthy economy benefitting all of the citizens of the City. Agriculture is more, however, than just an important facet of the City's economy. It is an equally important part of the City's cultural heritage, having existed, and flourished, in virgiDia Beach for more than three centuries. Just as agriculture 43 44 45 46 47 48 49 contributes to the diversity of the City's economy, so.. does it contribute to the diversity of the City's character. Notwithstanding the economic and cultural importance of agriculture, its continued viability in Virginia Beach is unsure. The amount of farmland within the City, both north and south of the Green Line, has dwindled from approximately 51,000 acres in 1982 to about 30,000 acres in 1993. More farmland is converted to 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 residential and other nonagricultural uses every year. Because of the fundamental incompatibility between agricultural and residential uses, as more and more farmland is converted to residential subdivisions, farmers are often forced to alter or cease certain practices, to the detriment of their businesses, or are discouraged from making investments in farm improvements, or both. The result is the decline of agriculture. As the Comprehensive Plan recognizes, effective and affirmative agricultural preservation strategies must be implemented. Agricultural preservation is an important economic, environmental, land use, and cultural issue. Section 4. Definitions. fa) '~¢¢esso~ we"means a use which is clearly incidental to, and customarily found in connection with, the principal use of the same parcel or group of contiguoBs parcels under common ownership and operated as an agricultural enterprise. (b) '~gricultural ~ndprese~ation easement"or '~rese~ation easement" means a no~-possessory iDterest in la~d, p~rpetual i~. dura~i0n, pursuant 40 which the exercise of development rights on the subjec~ property is mrohibited. _ 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 lc) ''Agdcultural support service" means a commercial operation upon which the agricultural industry Generally depends. The term includes, but is not limited to, suppliers of fertilizer, seed and plant protection products, equipment dealers and larqe-scale buyers of farm products. (d) "Agricultural l~$e" means the bona fide production of crops, animal or fowl, including, but n. ot limited to, the production of fruits, vegetables, hon. ey, grains, meat, poultry and dairy products; the raising of livestock and poultry; and the production and harvest of products from horticultural, silvicultural or aquacultural activity. The term also includes (i) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Proqram and no more than one freestanding mobile home, as permitted by Section 19-19 of the City Code; and (ii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. (e) "Animalunit", as used iD the Fa.rml. and Ranking System, means a unit of measurement equal to one thousand pounds [1,000 lbs.) of live body weight of livestock. (f) "Batch"means a grouping of contiguo, us parcels for purposes of making application for the sale of development rights. [_g) "Ci~Attort~ey" means the City Attorney or his designee. (h) "Ci~ Manager" means the City Manager or his designee. (i) "Corntni3$iolf' meads the Agricultural Advisory com~qission. [~ ~ "Development right"means the right to develop property for any use other than an agricultural use. The term includes, but is not limited to, the right to develop property for any commercial, industrial or residential use except as expressly permitted by this Ordinance. 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 fk) "Di~¢toF' means the Director of the Department of Agriculture or his designee. fl) "Farrn~nd RanMng~¥smm"or"SFsmm" means the formula by which applications for the sale of development rights ars ranked in order of priority of acquisition of such rights. fm) "High-value crops" means crops which require intensive management and greater than normal inputs. Examples include, but are not limited to, strawberries, blackberries, sweet corn, sweet potatoes, tomatoes, lima beans, green beans, pumpkins, watermeloDs, cantaloupes and Christmas trees. fn) "Landowner' means the equitable owner of the fee simple title to a parcel of land or, with respect to a parcel not encumbered by a deed of trust or mortgage, the legal owner of such title. Where more than one person or entity is the legal or equitable owDer, the term refers to all such persons jointly. fo) "Parcel"means a 10t or tract of land, lawfully recorded iR the Clerk's Office of the Circuit Court of the City of Virginia Beach. fp) "Program" means the Agricultural Reserve Program established by this Ordinance. f q) "Sigt~i~ctInt tirnber htlrvest" means a merchantable harvest for the commercial market. The term does not include minor harvests for 126 127 128 129 130 131 132 133 134 135 136 137 such things as firewood, poles, po~ts, blind material or greenery? Section 5. Agricultural Reserve Program. There is hereby established the Agricultural Reserve Program of the City of Virginia Beach, which shall be a program by which the City acquires, in accordance with the provisions of this Ordinance and to the extent of available funding, the deYelopment Fights on eligible parcels of farmland in the areas of the city described in Section 6. The acquisition of development rights shall be accomplished by the purchase of agricultural i~D~ preservation easements upon such parcels. In conjunction with the Prooram, the City Manager is hereby authorized and directed to establish, subject to %he approval of the City Counci% and 138 139 140 141 142 143 144 145 146 147 148 149 applicable requirements of law, methods of payment for such easements, including, but not limited to, incurring long-term obligations in the nature of installment purchase agreements pursuant to which the City pays to the landowner interest only on an annual basis for a period of years and principal at the 9xpiration of such period. Section 6. Applicability. (al The Agricultural Reserve Program shall apply iO that portion of the City lying below the Green Line, as deliDeated io the Comprehensive Plan except in those areas 0esignated therei~ as Transition Area I and Transition Area II and in areas under t~e ownership or control of the United States of America or the 150 151 152 153 154 155 156 157 158 Commonwealth of Virginia, or an agency or instrumentality thereof. (b) Nothing in this Ordinance shall be construed as a limitation upon the City's authority to acquire land for public purposes other than those set forth in this Ordinance. Section 7. Eligibility criteria. Preservation easements may be purchased only upon parcels meeting all of the followinq criteria: fa) The parcel shall be no less than ten (10) acres in area, or be included in a batch in which the combined area of contiguous 159 160 161 162 163 164 165 166 167 168 169 170 171 172 parcels is no less than ten (10) acres; (bi The parcel shall be wholly situated within a Residential Zoning District, an AG-1 or AG-2 Agricultural District or a P-1 PreservatioD District; (c) The parcel shall be capable of being subdivided or developed for non-agricultural uses without the approval of the City Council; (dl The parcel shall be located within that portion of the city described in Section 6; (el The parcel shall not contain any land required to be reserved or set aside for open space, recreation or similar purposes pursuant to the provisions of a conditional use permit. conditional zoning agreement, subdivision variance, other action by the City council or any ordinance or regulatloD; 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 2O2 203 204 205 206 207 (fi No uses or structures, other than those permitted by prgservation easements, shall be located upon the parcel; and (q) No Dortio~ of the parcel shall contain any of the following soil types: Back Bay Mucky Peat; Dorovan Mucky Peat; Nawney Silt Loam; or Pamlico Mucky Peat, Ponded. section 8. application; evaluation. (a) Applications to sell development rights shall be on a form prescribed by the Director and shall be signed by the la~downer and submitted to the Director. The Director may require supDorting documentation, including deeds, surveys or other legal instruments, to be submitted with the application. A landowner may submit an application for each parcel or may submit a single application for more than one contiguous parcel. Applications for batched parcels shall follow the same procedure, but shall be signed by all landowners. (bi The Director shall review each application to determine whether the eligibility criteria set forth in Section 7 are met and all required information is provided, and shall notify the landowner of his determination. Incomplete or otherwise deficient applications shall be rejected and returned to the landowner with a statement of reasons for the rejection. (c! In the event a parcel fails to meet the eligibility criteria set forth in Section 7, it shall not be considered for inclusion in the Program. In the event the ineligibility of a parcel renders the remaining parcels which are the subject of the ~pDlication ineligible, none of the parcels shall be considered for inclusion, (d) The Director sha%l evaluate each application, using th~ criteria of the Farmland Ranking System, and shall ascertain all necessary facts and information for ranking the priority of acquisition of the lands included in the application. In performing such evaluation, the Director may request the assistance 208 209 of such other City departments and agencies as may be appropriate and beneficial. The evaluation shall include a recommendation for 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 the number of Farmland Ranking System points to be assigned to the aDplication. No later than ninety (90) days after receipt of the ~ompleted application, he shall forward a copy of the eyaluat~o~ to each member of the Commission and to the City Manager and the landowner. re) The submission of an application shall not be deemed to constitute a binding contractual offer to convey any interest in the landowner's property, but shall be revocable at will by the landowner prior to the execution of a purchase agreement, without penalty. Section 9. Review of applications by Commission. (a) The Commission shall, at a regular or special meeting called for such purpose, review applications and evaluations provided by the Director, and shall make a determination of Farmland Ranking System points to be assigned to each application. Its determination shall be final and unappealable. In the event of disagreement among the members of the Commission as to the number of points to be assigned to a given application, each member shall state the number of points he believes should be assigned, and the average number of points so obtained, rounded upwards to the nearest point, shall constitute the action of the Commission. The Secretary of the Commission shall promptly transmit a report of the Commission's action to the City Manager. (b) All discussion and deliberation concerning the evaluation of applications and assigning of points shall be conducted in open session, notwithstanding any contrary provision of the Virginia Freedom of Information Act. lc) ~o member of the Commission shall be disqualified fFom selling the deye~opment rights on any parcel in which he has a ~inancial iDterest by reaso~ of his membershiD, but such tr~nsactions shall be governed by the virginia state and Local Government Conflict of Interests Act. 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 Bection lO. Procedure for acquisition of development riqhts, fa) Upon receipt of the report of the Commission, the City Manager shall ascertain the value of the development rights of the property, which value shall be equal to the difference between the fair market value of the property without encumbrance by ~ preservation easement and the fair market value of the property so encumbered. The City Manager. is hereby authorized, but not required, t9 pontract with qualified appraisers i~ ascertaininq the value of the development rights. (b) The City Manager shall convey to the landowner, or th~ designee of the landowner, in w~iting, an offer to purchase the development rights of the subject property. Such offer shall be in an amount determined by the City Manager to represent the value of such development rights and shall be subject to available funding and the approval of the City Council. It shall ~!sQ be copditioned upon the absence of any defects in title or other restrictions or encumbrances which may, iD the opinion of the City Attorney, adversely affect the City's interests in accomplishing the purposes of this Ordinance. (c) In the event an agreement as to the terms and conditions of purchase, including the purchase price and manner of payment, is reached with the landowner, the. City Manager shall place the matter before the City Council for approval. The City Council may approve the purchase of development rights only with respect to such applications for which there is available funding, in a priority determined by points assigned under the Farmland Ranking System, and only upo~ finding that the proposed terms and conditions of purchase, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of this Ordinance. ID the event there is sufficient available funding for the purchase of only a portion of the property included iD an applicatiqn, the landowner shall be given the opportunity to submit a revised application including a lesser amount of property, (d) If an agreement of purchase is not reached after re~so~able efforts hay9 been made to negotiate mutually acceptable _ 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 terms and conditions, the City Manager shall notify the landowner that the City's offer to purchase the development rights is withdrawn, and shall cease further negotiations. (e) Consideration of applications which are the subject of an agreement of purchase, but for which there is i~suf~icient available funding in the then-current fiscal year, shall be deferred to the next fiscal year or until ~uch other time as available funding is sufficient unless the landowner withdraws the application. No preference shall be given to such applications except as indicated by the Farmland Ranking System. (f) Within ten (10). days after the acquisition of a preservation easement, the Planning Director shall cause to be made on the official zoning map a notation of such acquisition and the date thereof. Section 11. Nature of rights acquire4. (a) No interest in land other than a perpetual agricultural land preservation easement shall be acquired by the City pursuant to the provisions of this Ordinance, and no such interest shall be acquired by the exercise of the power of eminent domain. (b) The acquisition of a preservation easement by the City shall not extinguish any rights of the landowner except for the right to develop the property for any use other than a~ agricu!tural use, and shall not confer upon the public any right of entry or access, or any other riqhts, express or implied. (c) Upon the expiration of twenty-five (25) years from the date on which a preservation easement is recorded, the landowner or successor in interest to the property which is subject to the easement may petition the City Council to repurchase the development rights on such property. The City Council may. by vote of no less than three-fourths of all of its members, and in accordance with ~!1 other procedural requirements theD aovernina the sale of municipal iDterests in land, authorize the s~le o~ such development rights to the petitioning party at the then-current fair market value of such development rights and upon such terl~.S and conditions as may be fair and reasonable. No such sale shall 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 be authorized, however, unless the City Council ~inds that (i) the sale of development rights is essential to the orderly development and growth of the City, and (ii) development of the DroD~rty for nonagricultural uses would not be in conflict with the Comprehensive Plan then in effect. Cd) In each instance in which development rights to property are sold by the Citvo other preservation easements of at least ~qual fair market value and of approximately equivalent usefulness for the accomplishment of the purposes of this Ordinance shall be acquired within a reasonable time not exceeding one (1) year, unless the City Council determines that such preservatio~ easements are no longer needed. (e) Notwithstanding any other provisio~ of this section, at any time after a preservation easement on a parcel has been ~cquired~ the landowner may petition the City Council for the extinguishment of such easement in exchange for the conveyance to the City of a preservation easement on a different portion of the landowner's property meeting all of the eligibility crit~Fia set forth in Section 7. The City Council shall ~pprove such exchange upon a finding that: ~ the acquisition of the proposed preservation easement in lieu of the existing easement does not adversely affect the City's interests in accomplishing the.purposes of this Ordinance; (2) the proposed easement area meets all of the eligibility requirements set forth in Section 7 of this Ordinance; and (3) the value of the development rights of the land proposed for exchange is no less than the value of the development rights of the land o~ which the existing easement is situated. ~f) The consideration for any acquisition of a preservation easemeDt pursuant to subsection (e) shall consist solely of the ex~inquishment of the existing preservation easement. 10 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 Section 12. Farmland Ranking System. (a) The Farmland Ranking System is hereby adopted. The System ~hall be the sole means by which the priority Qf ac.~uisition of development rights under the Program is determined when available funding is insufficient to purchase the development rights on all available parcels which are the subject of agreements for the purchase of such rights. The number of Farmland Ranking System points assigned to property shall not be used in determinin~ the value of development rights or the amount of any offer to purchase such rights. (b) There shall be five (5) categories of criteria for evaluation under the System. In each such category, certain factors descriptive of the characteristics of a parcel are included. Each factor is assigned a numerical weight si~nifvin~ its importance relative to all other factors in that category, Each factor is also stratified into a range of possible point values ranging from zero (0) to ten (10). To determine the total points assigned to a parcel or batch, the value for all five categories are added. Parcels or batches having the highest total scores shall be those ranking highest in priority of acquisition, The maximum total score is 100 points. The categories, with their respective factors and weights, are as follows: (1) Quality of the Farmland (Productivity Capabilit~) constitutes 35% of the number of points in the System. Factors and weights are as follows: A. SIZE OF FARM {WEIGHT = 10) 100 acres or more 10 60 to 99 acres 20 to 59 acres 10 to 19 acres Less than 10 acres B. SOILS - pERCENTAGE IN UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE LAND CAPABILITY CLASSIFICATION SYSTEM LAND CAPABILITy CLASS 1, 2E, 2W, 3W, AND 4W UNDRAINED [WEIGHT = 10) 80~ or more 11 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 Ce De E® F. 60 to 79% 40 to 59% 20 to 39% Less than 20% pERCENTAGE OF FARM IN CROPLAND OR pASTURE (WEIGHT = 8) 80% or more 60 to 79% 40 to 59% 20 to 39% Less than 20% ON-FARM AGRICULTURAL INFRASTRUCTURE AND IMPROVEMENTS (WEIGHT = 8) Unique regional services Headquarters farm Good farm buildings Adequate farm buildings No farm buildings PERCENTAGE OF FARM IN HIGH-VALUE CROPS (WEIGHT = 6) 80% or more 60 to 79% 40 to 59% 20 to 39% Less than 20% AMOUNT OF ANIMAL UNITS PRODUCED ON THE FARM (WEIGHT = 6) 250 animal units or more 150 to 249 animal units 75 to 149 animal units 25 to 74 animal units Less than 25 animal units Circumstances Supporting &qriculture constitutes ~5% of the number of points in the System. Factors and weights are as follows: A. ~UMBER OF NON-FARM RURAL RESIDENCES WITHIN 1/2 MILE OF THE FARM (WEIGHT = 10) 0 to 3 dwelling units 12 s_ _6 3_ o !0 ! 4 2_ 0_ 10 9 ! 3_ 0_ .10 ! 5 3_ o !0 8_ 5 3_ 0_ 10 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 B: 4 to 7 dwelling units 8 to 12 dwelling units 13 to 18 dwelling units More than 18 units PROXIMITY OF PARCEL TO OTHER FARMS WITH AGRICULTURAL RESERVE pROGRAM OR OTHER PERPETUAL EASEMENTS C? De 10) Contiquous within 1/4 mile Within 1/2 mile Within 1 mile Greater than 1 mile PROXIMITY TO SIGNIFICANT OR UNIOUE AGRICULTURAL SUPPORT SERVICES (WEIGHT = 10) Contiguous Within 1 mile Within 2 miles Within 3 miles Greater than 3 miles BATCH APPLICATION WITH CONTIGUOUS PARCELS (WEIGHT = 10) Contiguous Not contiguous Likelihood of Conversion to Non-farm Use (WEIGHT 8_ 5 3-- _0 ~0 5 3_ O 10 s_ 5 3- o ~0 (Development Pressure) constitutes 20% of the number of points in the System. Factors and weights are as follows: A. URGENCY OF CIRCUMSTANCES FAVORING CONVERSIONS (WEIGHT = 10) Farm subject to potential forced sale 10 Farm subject to estate settlement sale ~ Farm actively marketed for voluntary sale ~ Other 9 B. FARM SUITABILITY ¥0~ RESIDENTIAL CONVERSION - ~ERCENTAG~ OF WELL Q~ MODERATELY WELL-DRaINED SOILS ON THE FARM (WEIGHT = 6) 80% or more ~O 13. 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 p. E. 60 to 79% 40 to 59% 20 to 39% Less tha~ 20% PERCENTAGE OF FARM OFF~RED TO AGRICULTURAL RESERVE PROGRAM (WEIGHT = 10) 90% ..or greater 70 to 89~. Less than 70% AMOUNT OF PUBLIC ROAD CONTIGUOUS TO FARM (WEIGHT = 10) 1,000 linear feet or more 600 to 999 feet 300 to 599 feet 100 to 299 feet less than 100 feet AESTHETIC VALUE OF FOREST ON THE FARM (WEIGHT = 8) significant timber harvest within ,2, 0. years .Significant timber harvest within 10 to 20 years $ignificaDt timber harvest within 5 to 10 years Significant timber harvest within 5 years, land cut over within 10 years and not reforested, or ladd cut over within 5 years and not reforested Environmental Quality constitutes 15% of the number of points in the System. Factors and weights are as follows: A. PERCENTAGE OF FARM IN UPLAND FOREST (EXCLUDING SWAMP) (WEIGHT = 10) 8Q~ or more 60 to 79% 40 to 59% 20 ~o 39~ Le~ than 20% a --6 3_ _0 10 8_ ! 4 o 1.0 _0 a -6 a o 14 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 Ninth day of B. PROXIMITY TO AREAS IDENTIFIED AS HAVING HIGH ENVIRONMENTAL VALUE, SUCH AS STATE OR FEDERAL pARKS, AREAS WITHIN THE BAC~ BAY NATIONAL WILDLIFE REFUGE DESIGNATED EXPANSION BOUNDARY, E~EMPLAR¥ WET.LANDS, CRITICAL AREAS AND ENDANGERED SPECIES HABITAT, AS SHOWN IN "A NATURAL AREAS INVENTORy OF THE CITY OF VIRGINIA BEACh" NATURAL HERITAGE ,, TECHNICAL REPORT 93-14 (WEIGHT = ~0) Contiguous 10 Within 1/2 mile Within 1 mile Within 1~ miles Greater than ~ miles C. PROXIMITY OF FARM TO PERENNIAL STREAM OR WATERWAY (WEIGHT = 10) Farm either includes or is adjacent t9 perennial waterway 10 All other Histor~o, Soenio, and Applioation Fre~ueno¥ constitutes 5% of the number of poi~s ~ th~ System~ Factors and weiqhts are as follows: PROXIMITY TO HISTORIC OR CULTURAL FEATURES (WEIGHT = 6) On-farm exceptional features favorable to preservation, as noted in the Reconnaissance Architectural Survey Report, ~ity of Virginia Beach Exceptional features favorable to preservation within 1/4 mile Exceptional features within 1/2 mile Exceptional features further than 1/2 mile B. FREOUENCY OF APPLICATION SUBMITTAL (WEIGHT = 10) Third or more time 10 Second time First ti~e Adopted by the Council of the City of Virginia Beach on the May , 1995. CA-95-5847 Proposed\Arp. Ord R-7 05/10/95 15 City of Virginia Beach COUNCILMAN JOHN a BAUM 6465 CRAGS CAUSEWAY BLACKWATER BOROUGH VIRGINIA BEACH VIRGINIA 23457 (804) 421-2652 May 12, 1995 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 RE: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: l, The transaction for which I am executing this written disclosure is the City Council's discussion and vote on an ordinance to amend and reordain the Code of the City of Virginia Beach by the addition of an Appendix J, establishing the Agricultural Reserve Program for the preservation of agricultural lands within the caty. 2, The nature of my personal interest is that I own property located below the Green Line which satisfies the eligibility criteria for participation in the Agricultural Reserve Program. My property is $10,000.00. valued~f City Cler/~'s C~ty of Va. Beach ~;./ [ I Mrs. Ruth Hodges Smith, CMC/AAE -2- May 12, 1995 . The City Attorney has advised me that in his opinion I am a member of a group, i.e., similarly-situated property owners, the members of which are affected by the transaction. . I wish to disclose this interest and declare that I was able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in your official records. Thank you for your assistance and cooperation in this matter. cerely, John A. Baum Councilmember JAB:dah Enclosure City of Virginia Beach BARBARA M HENLEY COUNCILWOMAN- PUNGO BOROUGH (804) 426-7501 3513 CHARITY NECK ROAD VIRGINIA BEACH, VIRGINIA 23456 May 12, 1995 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 RE: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith' Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: le The transaction for which I am executing this written disclosure is the City Council's discussion and vote on an ordinance to amend and reordain the Code of the City of Virginia Beach by the addition of an Appendix J, establishing the Agricultural Reserve Program for the preservation of agricultural lands within the city. , The nature of my personal interest is that I own property located below the Green Line which satisfies the eligibility criteria for participation in the Agricultural Reserve Program. My property is $10,000.00. valued~._ia~.' ~xcess of MAYI21995 ~, ;~ ' ! ,~k~¢dy ¢le~'s Ofhce / , Ci~ o~ Va. Beach ~ ' Mrs. Ruth Hodges Smith, CMC/AAE -2- May 12, 1995 . The City Attorney has advised me that in his opinion I am a member of a group, i.e., similarly-situated property owners, the members of which are affected by the transaction. . I wish to disclose this interest and declare that I was able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in your official records. Thank you for your assistance and cooperation in this matter. Sincerely, Barbara M. Henley Councilmember BMH:dah Enclosure - 27 - III-J.l.k. ORDINANCES ITEM tt 39161 FY 1995-1996 OPERATING BUDGET APPROPRIATIONS Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED: Ordinance to APPROPRIATE for the Fiscal Year beginning July 1, 1995, and ending June 30, 1996. in the sum of Eight Hundred Thirty- Seven Million, Nine Hundred Seventy-Seven Thousand, Eighty-two and No~lO0 ($837,977,082) for operations and Two Hundred Seventy-Eight Million Eight Hundred Thirty-four Thousand Two Hundred Eighty and No~lO0 ($278,834,280) in Interfund Transfers, subject to any amendments adopted by City Council and regulating the payment of money out of the Ctty Treasury. This Ordinance encompasses categorical funding for the Schools, $181,800 for the Sheriff's Operating Budget from the Reserve for Contingencies, and amendments in Attachment "Al ". Budding and Inspections Department shall work with TBA re new regulations. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert I~ Dean Council Members Absent: None May 9, 1995 City of Virginia Beach, V~rg~n~a FY 1995-1996 Operabng Budget Summary of C~y Council Reconcilation Workshop Amendments Estimated Revenue Proposed FY 1995-1996 Operating Budget Federal Revenue Refuse Collection Fees M;scellaneous Revenue - School Athletic Fund Adopted FY 1995-1996 Operabng Budget Amount $ 837,627,355 108,000 70,000 171~727 $ 837,977~082 Appropriations Proposed FY 1995-1996 Operabng Budget City Attorney's Office Additional clerical postion in support of legal work for the School System Cost to be reimbursed by Schools Commercial Real Estate Staff Parks and Recreabon Security guard for Mt Trashmore Park L~brary Friday hours for Pungo L~brary Pubhc Works Street Light Backlog Reduction for h~gh crime/at nsk areas Resort Commermal Collection Special Events Trolley Museums Historical Trolley Tours Non-Departmental Virg~ma Beach Arts Center Sign - City Contribubon Housing Emergency Shelter Grant Convention and Visitor Development Performing Arts Festival Support Schools( Adjustments based on School Board adopted Budget) Athletic Fund Categorical Grants Fund School Operating Fund(City Manager recommended total budget after th~s adjustment would be $358,365,490 ) Sheriff's Office Supplement for Correctional Officers General Fund Reserve for Conbngencles Reduction to fund above [rems TGIF Reserve for Conl]ngenc~es Reduction to fund Performing Arts Festival Support Adopted FY 1995-1996 Operating Budget Note School Operating Fund to be appropriated by Category $ 837,627,355 40,758 16,800 18,000 105,000 70,000 10,000 3,300 15,000 108,000 40,000 171,727 2,349,559 (2,349,559) 181,800 (390,658) ,. (40,000) $ 837,9._______77~082 Attachment A1 3 4 § 6 7 8 9 10 11 12 ATTACHMENT A1 AMENDMENTS AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 1995 AND ENDING JUNE 30, 1996, IN THE SUM OF EIGHT HUNDRED THIRTY-SEVEN MILLION, NINE-HUNDRED SEVENTY-SEVEN THOUSAND, EIGHTY-TWO AND NOI100 ($837,977,082) FOR OPERATIONS AND TWO HUNDRED SEVENTY-EIGHT MILLION, EIGHT HUNDRED THIRTY-FOUR THOUSAND, TWO HUNDRED EIGHTY AND NOI100 ($278,834,280)IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AS AMENDED 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the city for the fiscal year beg~nmng July 1, 1995, and ending June 30, 1996, and ~t is necessary to appropriate sufficient funds to cover sa~d budget NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Section 1 That the amounts named aggregating ONE BILLION, ONE HUNDRED SIXTEEN MILLION, EIGHT HUNDRED ELEVEN THOUSAND, THREE HUNDRED SIXTY-TWO AND NO/100 DOLLARS ($1,116,811,362) consisting of TWO HUNDRED SEVENTY-EIGHT MILLION,EIGHT HUNDRED THIRTY-FOUR THOUSAND, TWO HUNDRED EIGHTY AND NO/100 ($278,834,280) ~n ~nterfund transfers and EIGHT HUNDRED THIRTY-SEVEN MILLION, NINE-HUNDRED SEVENTY-SEVEN THOUSAND EIGHTY-TWO AND NO/100 ($837,977,082) for operating or so much thereof as may be necessary as set forth In the Annual Budget for the fiscal year 1995-1996, are hereby appropriated subject to the conditions hereafter set forth, for the year 1995-1996, for the use of the several departments and specially designated funds of the c~ty governments, and for the purpose hereafter mentioned, as set forth ~n sa~d Annual Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1,1995, and ending June 30, 1996, as follows 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 SectIon 3 W~th the excepbon of the School Operating Funds, the Sheriff's Special Revenue Fund and the Mental Health Special Revenue Fund, the total of full-t~me permanent pos~t~ons, shall be the maximum of pos~ons authorized for the various departments of the c~ty during the fiscal year except changes or additions authorized by the Council and as hereinafter prowded The C~ty Manager may from t~me to t~me ~ncrease or decrease the number of temporary and/or part-time pos~bons prowded the aggregate amount expended for such services shall not exceed the respective appropnabons made therefor The C~ty Manager ~s further authorized to make such rearrangements of pos~t~ons w~th~n and between the departments as may best meet the uses and ~nterests of the c~ty Section 4 All current and dehnquent collections of local taxes shall be credited to the General Fund and, where appropriate, the Sandbr~dge Special Service D~str~ct Special Revenue Fund of the c~ty Transfers shall be made from the General Fund to the respecbve specially designated funds to which a levy ~s made ~n the respective amount of collection for each specially designated funds Secbon 5 All balances of the appropriations payable out of each fund of the C~ty Treasury at the close of bus~ness for the fiscal year ending on the thirtieth day of June, 1996, except, as otherwise prowded for, are hereby declared to be lapsed ~nto the fund balance of the respective funds, except the School Operabng Fund which shall lapse ~nto the General Fund Balance, and may be used for the payment of the appropriations which may be made ~n the appropriation ordinance for the fiscal year beg~nmng July 1, 1996 However, there shall be retained ~n the General Fund Balance, an amount not less than the range of seventy-five (75) to one hundred (100) percent of the budget for c~ty and school debt service payments for that fiscal year for conbngencles and emergency s~tuatlons and not to be used to support appropnabons approved ~n the ordinance for the fiscal year beg~nmng July 1, 1996, except upon subsequent authorization by C~ty Council Section 6 All balances of appropriations ~n each fund which support authorized obhgat~ons or are encumbered at the close of bus~ness for the fiscal year ending on the thirtieth day of June, 1996, are hereby declared to be reappropnated ~nto the fiscal year beg~nmng July 1, 1996, and esbmated revenues adjusted accordingly Section 7 No department or agency for which appropriations are made under the prows~ons of th~s Ordinance shall exceed the amount of the appropriations except w~th the consent and approval of the C~ty Council first being obtained It ~s expressly prowded that the restrictions w~th respect to the expenditure of the funds appropriated shall apply only to the totals for each Appropriation Umt ~ncluded ~n th~s Ordinance and does not apply to Interfund Transfers Section 8 The C~ty Manager or the Director of Management Services, ~s hereby authorized to approve transfers of appropriations ~n an amount up to $25,000 between any Appropriation Umts ~ncluded ~n this ordinance In addition, the C~ty Manager may transfer appropnabons from Reserve for Conbngenc~es, ~n amounts necessary, for salary adJustments approved by C~ty Council, and may transfer appropriations from the Reserve for Contingencies - Technology for the purposes ~ntended 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 The C~ty Manager or the D~rector of Management Services ~s hereby authorized to establish and adm~mster budget]ng within Appropnabon Umts consistent w~th best management pract]ces, reporbng requirements and the programs and services ;dopted by the C~ty Councd Sect]on 9 The C~ty Manager or the D~rector of Management Services ~s authorized to change the Est]mated Revenues ~ncluded ~n th~s Ordinance to reflect expected collect]ons If the Est]mated Revenue ~n support of an Operat]ng Appropnat]on Umt dechnes, the City Manager or the D~rector of Management Services ~s authorized to reduce, subject to any other prows~on of law, those appropnat]ons to equal the changed Est]mated Revenue The C~ty Manager must give prior not]ce to the C~ty Council of any reduct]on to total appropnat]ons exceeding $25,000 The not]ce to C~ty Councd shall ~dent]fy the bas~s and amount of the appropnat]on reducbon and the Appropnabon Umts affected The accounting records of the c~ty will be maintained ~n a manner that the total of Est]mated Revenue ~s equal to the total of the Appropnat]on Un~ts for each of the c~ty's funds The C~ty Manager or the D~rector of Management Services ~s hereby authonzed to transfer any excess appropnat]ons to the Reserve for Cont]ngenc~es after all ant]c~pated expenditures for which those funds were appropriated have been ~ncurred Sect]on 10 Nothing ~n th~s sect]on shall be construed as authorizing any reduction to be made ~n the amount appropriated ~n th~s Ordinance for the payment of ~nterest or pnnc~pal on the bonded debt of the C~ty Government Sect]on 11 Allowances out of any of the appropnat]ons made ~n th~s Ordinance by any or all of the c~ty departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles ~n the d~scharge of their official dut]es shall not exceed twenty-four cents ($ 24) per mile of actual travel for the first 15,000 miles and eleven ($11) per m~le for add~t]onal mdes of such use w~th~n the fiscal year Sect]on 12 All travehng expense accounts shall be submitted on forms approved by the D~rector of F~nance and according to regulat]ons approved by the C~ty Council Each account shall show the dates expenses were incurred or paid; number of miles traveled, method of travel, hotel expenses, meals, and ~ncldental expenses The Director of F~nance ~s specifically d~rected to w~thhold the ~ssuance of checks ~n payment of expense accounts submitted for "lump-sum" amounts, ~nclud~ng payments to employees of the School Board Section 13 Violation of this ordinance may result ~n d~sclphnary acbon by the City Manager on the person or person responsible for the management of the Appropnat]on Unit ~n which the wolat]on occurred Section 14 That th~s Ordinance shall be ~n effect from and after the date of [ts adopt]on Section 15 That ~f any part or parts, sect]on or sect]ons, sentences, clause, or phrase of this Ordinance ~s for any reason declared to be unconst]tut]onal or invalid, such decision shall not affect the validity of the rema~mng portions of this Ordinance Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~ma, on the 9th day of May, 1995 APPROVED AS TO CONTENT Dept. of Management and Budget Appropriation Unit Budget 1995-1996 GENERALFUND Mumctpal Council City Clerk C~ty Manager Pubhc Information Office C~ty Attorney Commissioner of the Revenue Board of Equahzabon C~ty Real Estate Assessor Treasurer D~rector of Finance Human Resources C~rcu~t Court General D~stnct Court Juvemle and Domesbc Relahons D~stnct Court Pubhc Defender Medmal Examiner Clerk of the C~rcu~t Court Magistrates Juvemle Probabon Commonwealth's Attorney Health Social Services Pohce Pubhc Works L~brary Planmng and Commumty Development Agriculture D~rector of Economic Development General Services General Registrar Zoning Board of Appeals Arts and Human~bes Commission Mass Transit Operahons Wetlands Board of V~rgima Beach V~rg~nia Beach Volunteer Councd V~deo Services Department Commumty Orgamzabon Incenbve Grants Employee Special Benefits Benefits Administration Revenue Reimbursements Regional Parhc~pabon Arts Center F~re Emergency Medical Services Museums Management Servtces Convenbon and V~s~tor Development Housing and Neighborhood Preservabon Transfer to Other Funds Reserve for Conhngenc~es TOTAL GENERAL FUND 315,390 346,459 686,408 567,337 1,857,669 3,377,378 18,772 1,637,719 3,649,822 3,240,804 2,329,106 497,698 61,961 58,270 162,000 11,000 463,029 15,727 1,242,894 2,828,831 1,997,610 16,693,220 42,104,950 41,993,182 8,188,218 6,117,524 696,602 1,278,671 20,245,680 621,220 24,214 215 238 937 000 12 982 27 565 657 516 220 043 592 282 174 608 1,387,615 730,707 94,921 20,987,244 1,737 214 319,690 1,452 348 7,514 591 1,542,238 255,967 446 5,690 228 $ 463,590,841 SCHOOL OPERATING FUND Instruchon Adm~mstration Pupil Transportabon Operabons and Maintenance Educabon 295,195,638 11,138,792 15,226,824 36,804,236 $ 358,365,490 SCHOOL GRANTS FUND Educabon $ 14,089,277 SCHOOL TEXTBOOK FUND Educabon $ 3,204,400 Appropriation Unit DEA SEIZED PROPERTY SPECIAL REVENUE FUND Pohce Reserve for Conbngenc~es Transfers to Other Funds TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND Cable Access Fund FEDERAL HOUSING ASSISTANCE GRANT FUND Housing and Neighborhood Preservation (Home Program) POLICE AIRPLANE SPECIAL REVENUE FUND Pohce (A~rplane Enterprise) FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND Housing and Neighborhood Preservabon (Secbon 8 Rental Payments) Transfers to Other Funds TOTAL FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND Comprehensive Services Act SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND Sheriff and Correcbons INMATE SERVICES SPECIAL REVENUE FUND Sheriff and Correcbons (Inmate Services) Transfers to Other Funds TOTAL INMATE TELEPHONE SPECIAL REVENUE FUND PARKS AND RECREATION SPECIAL REVENUE FUND Parks and Recreabon Reserve for Conbngencles Transfers to Other Funds TOTAL PARKS AND RECREATION SPECIAL REVENUE FUND TOURISM GROWTH INVESTMENT FUND Reserve for Contingencies Performing Arts Fesbval Support Transfers to Other Funds TOTAL TOURISM GROWTH INVESTMENT FUND Budget t995-1996 80,100 58,426 11,474 $ 150,000 $ 55,931 $ 1,090,000 $ 93,600 $ 227,220 29,687 $ 256,907 $ 5,809,498 $ 12,374,802 $ 88,619 11,381 $ 100,000 12,920,753 350,000 46,666 $ 13,317,419 270,171 40,000 7,995,688 $ 8,305,859 SANDBRIDGE SPECIAL SERVICE DISTRICT SPECIAL REVENUE FUND Reserve for Conhngenc~es $ EMS STATE TWO-FOR-LIFE SPECIAL REVENUE FUND Emergency Medical Services (EMS - State Emergency Medical Assistance) $ FIRE PROGRAM SPECIAL REVENUE FUND F~re (F~re Programs) $ 475,768 141,700 136,035 Budget 1995-1996 Appropriation Unit GRANTS CONSOLIDATED FUND Commonwealth's Attorney (DCJS - V~cbm\W~tness Grant) Sheriff and Correcbons (Pre-Trial Program) Secbon 8 Housing Emergency Shelter Grant Reserve for Conhngencles TOTAL GRANTS CONSOLIDATED FUND SCHOOL ATHLETIC SPECIAL REVENUE FUND Educahon FEDERAL POLICE DEPARTMENT GRANT FUND Pohce Reserve for Contingencies TOTAL FEDERAL POLICE DEPARTMENT GRANT FUND LAW LIBRARY FUND L~brary (Law L~brary) Reserve for Conhngenc~es Transfer to Other Funds TOTAL LAW LIBRARY FUND PENDLETON CHILD SERVICE CENTER FUND Pendleton Child Service Center Reserve for Conhngenc~es TOTAL PENDLETON CHILD SERVICE CENTER FUND EMERGENCY E-91'I COMMUNICATION SPECIAL REVENUE FUND Pohce (Commumcahons) Reserve for Contingencies Transfers to Other Funds TOTAL EMERGENCY E-911 COMMUNICATIONS SPECIAL REVENUE FUND COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND Housing and Neighborhood Preservahon (Adm~mstrahon and Housing) Transfers to Other Funds TOTAL COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND COMMUNITY CORRECTIONS SPECIAL REVENUE FUND Community D~vers~on In~tmbve (Core Service/Case Management) Reserve for Conhngenc~es TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND MHIMR/SA SPECIAL REVENUE FUND Mental Health/Mental Retardahon/Substance Abuse CD LOAN AND GRANT FUND Housing and Neighborhood Preservahon (Loans and Grants) HOMELESS INTERVENTION FUND Social Services (Homeless Intervenhon) 37,290 132,163 278,715 108,000 104,000 $ 660,168 $ 977,477 $ 1,028,457 562,633 $ 1,591,090 266,684 26,630 65,026 $ 358,340 $ 1,017,367 26,013 $ 1,043,380 4,464,554 315,500 631,484 $ 5,411,538 $ 1,996,951 605,471 $ 2,602,422 $ 341,124 6,300 $ 347,424 $ 15,067,078 $ 220,000 $ 168,700 Appropriation Unit WATER AND SEWER FUND Pubhc Ubht~es Revenue Bonds Reserve for Conbngenc~es Transfers to Other Funds TOTAL WATER AND SEWER FUND GOLF COURSE ENTERPRISE FUND Parks and Recreabon (Golf Courses) Debt Service (Lease-Purchase) Reserve for Conbngenc~es Transfers to Other Funds TOTAL GOLF COURSE ENTERPRISE FUND SCHOOL CAFETERIAS ENTERPRISE FUND Educabon MARINE SCIENCE MUSEUM ENTERPRISE FUND Museums Reserve for Conbngenc~es Transfers to Other Funds TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND PARKING ENTERPRISE FUND Public Works (Parking Systems Management) Reserve for Conbngenc~es Transfers to Other Funds TOTAL PARKING ENTERPRISE FUND STORM WATER UTILITY ENTERPRISE FUND C~ty Treasurer Pubhc Works (Storm Water Operabons) Reserves for Conbngenc~es Transfers to Other Funds TOTAL STORM WATER UTILITY ENTERPRISE FUND GENERAL DEBT FUND Debt Service $ WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND Budget 1995-1996 48,544,818 11,370,992 1,251,762 7,323,445 $ 68,491,017 1,734,899 214,000 53,524 483,432 $ 2,485,855 $ 17,580,151 Water and Sewer Capital ProJects $ ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND Engineering and H~ghways Capital Projects $ RESORT PROGRAM CAPITAL PROJECTS FUND Resort Area Capital Projects $ SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND School Capital ProJects $ PARKS AND RECREATION GENERAL REVENUE CAPTIAL PROJECTS FUND Parks and Recreahon Capital Projects $ 3,831,769 97,984 2,406,196 $ 6,335,949 624,859 44,183 299,675 $ 968,717 55,888 6,370,011 191,892 2,957,209 $ 9,575,000 79,972,645 2,500,000 9,506,280 3,039,365 2,000,000 1,481,239 Budget 1995-1996 Appropriation Unit BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND Building Capital Projects Storm Water Capital Projects TOTAL BUDGET Less Interfund Transfers STORM WATER CAPITAL PROJECTS FUND $ 1,220,000 $ 1,650,000 1,116,811,362 278,834,280 NET BUDGET $ 837,977,082 Secbon 2 That, ~n accordance w~th Sechon 5 04 of the C~ty Charter, Estimated Revenue in support of Appropdabons as set forth ~n smd Annual Budget are as follows Budget Revenue Source 1995-1996 GENERALFUND LOCAL REVENUE Fund Balance General Property Taxes Other Local Taxes Permits, Pnwlege Fees and Regulatory L~censes F~nes and Forfeitures Revenue from Use of Money and Property Charges for Services M~scellaneous Revenue Total Local Revenue REVENUE FROM THE COMMONWEALTH REVENUE FROM THE FEDERAL GOVERNMENT TRANSFERS FROM OTHER FUNDS TOTAL GENERAL FUND SCHOOL OPERATING FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Charges for Serwces Miscellaneous Revenue Total Local Revenue REVENUE FROM THE COMMONWEALTH REVENUE FROM THE FEDERAL GOVERNMENT TRANSFERS FROM OTHER FUNDS TOTAL SCHOOL OPERATING FUND LOCAL REVENUE Fund Balance SCHOOL GRANTS FUND Total Local Revenue REVENUE FROM THE COMMONWEALTH REVENUE FROM THE FEDERAL GOVERNMENT TOTAL SCHOOL GRANTS FUND SCHOOL TEXTBOOK FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Charges for Services M~scellaneous Revenue Total Local Revenue REVENUE FROM THE COMMONWEALTH 0 268,472,726 125,872,601 3,059,475 3,145,519 6,544,514 4,248,797 644,759 411,988,391 37,267,500 9,410,161 4,924,789 $ 463,590,841 0 245,000 1,207,150 813,000 2,265,150 199,154,781 11,155,114 145,790,445 $ 358,365,490 $ 0 $ 0 562,152 13,527,125 $ 14,089,277 500,000 40,000 64,400 200,000 804,400 2,400,000 TOTAL SCHOOL TEXTBOOK FUND $ 3,204,400 Revenue Source Budget 1995-1996 GRANTS CONSOLIDATED FUND LOCAL REVENUE Fund Balance Total Local Revenue REVENUE FROM THE COMMONWEALTH REVENUE FROM THE FEDERAL GOVERNMENT TRANSFERS FROM OTHER FUNDS TOTAL GRANTS CONSOLIDATED FUND SCHOOL ATHLETIC SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Charges for Serwces Miscellaneous Revenue Total Local Revenue TOTAL SCHOOL ATHLETIC SPECIAL REVENUE FUND FEDERAL POLICE DEPARTMENT GRANT FUND LOCAL REVENUE Fund Balance Total Local Revenue REVENUE FROM THE FEDERAL GOVERNMENT TRANSFERS FROM OTHER FUNDS TOTAL FEDERAL POLICE DEPARTMENT GRANT FUND LAW LIBRARY FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Charges for Services Total Local Revenue TOTAL LAW LIBRARY FUND PENDLETON CHILD SERVICE CENTER FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property M~scellaneous Revenue Total Local Revenue REVENUE FROM THE COMMONWEALTH REVENUE FROM THE FEDERAL GOVERNMENT TRANSFERS FROM OTHER FUNDS TOTAL PENDLETON CHILD SERVICE CENTER FUND EMERGENCY E-911 COMMUNICATION SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance Other Local Taxes Revenue from Use of Money and Property Total Local Revenue TRANSFERS FROM OTHER FUNDS TOTAL EMERGENCY E-911 COMMUNICATION SPECIAL REVENUE FUND 236,022 258,709 165,437 $ 660,168 0 2,500 275,750 699,227 $ 977,477 $ 977,477 $ 0 $ 0 625,911 965,179 $ 1,591,090 82,890 31,400 244,050 $ 358,340 $ 358,340 0 8,527 180,286 188,813 507,924 10,500 336,143 $ 1,043,380 0 4,491,466 75,OOO 4,566,466 845,072 $ 5,411,538 Revenue Source Budget 1995-1996 COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance Total Local Revenue REVENUE FROM THE FEDERAL GOVERNMENT TRANSFERS FROM OTHER FUNDS TOTAL COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND COMMUNITY CORRECTIONS SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Total Local Revenue REVENUE FROM THE COMMONWEALTH TRANSFERS FROM OTHER FUNDS TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND MH/MR/SA SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Charges for Services Total Local Revenue REVENUE FROM THE COMMONWEALTH REVENUE FROM THE FEDERAL GOVERNMENT TRANSFERS FROM OTHER FUNDS TOTAL MH/MR/SA SPECIAL REVENUE FUND CD LOAN AND GRANT FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Total Local Revenue REVENUE FROM THE FEDERAL GOVERNMENT NON-REVENUE RECEIPTS TOTAL CD LOAN AND GRANT FUND HOMELESS INTERVENTION FUND LOCAL REVENUE Fund Balance Total Local Revenue REVENUE FROM THE COMMONWEALTH TOTAL HOMELESS INTERVENTION FUND LOCAL REVENUE Fund Balance DEA SEIZED PROPERTY SPECIAL REVENUE FUND Total Local Revenue REVENUE FROM THE FEDERAL GOVERNMENT TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND $ 0 $ 0 2,527,000 75,422 $ 2,602,422 $ 0 2,639 2,639 324,710 20,075 $ 347,424 0 2,662 899,587 902,249 8,263,716 1,418,166 4,482,947 $ 15,067,078 $ 0 75,000 75,000 70,000 75,000 150,000 $ 150,000 $ 0 $ 0 168,700 $ 168,700 $ 0 $ 0 $ 220,000 Budget 1995-1996 Revenue Source ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance M~scellaneous Revenue Total Local Revenue TOTAL ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND FEDERAL HOUSING ASSISTANCE GRANT FUND LOCAL REVENUE' Fund Balance Total Local Revenue REVENUE FROM THE FEDERAL GOVERNMENT NON-REVENUE RECEIPTS TOTAL FEDERAL HOUSING ASSISTANCE GRANT FUND POLICE AIRPLANE SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance Charges for Services Total Local Revenue REVENUE FROM THE COMMONWEALTH TOTAL POLICE AIRPLANE SPECIAL REVENUE FUND FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND LOCAL REVENUE' Fund Balance Total Local Revenue REVENUE FROM THE FEDERAL GOVERNMENT TOTAL FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance Charges for Services M~scellaneous Revenue Total Local Revenue REVENUE FROM THE COMMONWEALTH TRANSFERS FROM OTHER FUNDS TOTAL COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance Charges for Services M~scellaneous Revenue Total Local Revenue REVENUE FROM THE COMMONWEALTH REVENUE FROM THE FEDERAL GOVERNMENT TRANSFERS FROM OTHER FUNDS $ 0 55,931 $ 55,931 $ 55,931 $ 0 $ 0 1,078,000 12,000 $ 1,090,000 $ 0 5,000 5,000 88,600 $ 93,600 $ 0 $ 0 256,907 $ 256,907 0 4,756 124,014 128,770 3,749,157 1,931,571 $ 5,809,498 0 214,480 48,800 263,280 9,567,854 481,800 2,061,868 TOTAL SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND $ 12,374,802 Revenue Source Budget 1995.1996 INMATE SERVICES SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance Charges for Services Total Local Revenue TOTAL INMATE SERVICES SPECIAL REVENUE FUND PARKS AND RECREATION SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Charges for Services Total Local Revenue TRANSFERS FROM OTHER FUNDS TOTAL PARKS AND RECREATION SPECIAL REVENUE FUND TOURISM GROWTH INVESTMENT FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Total Local Revenue TRANSFERS FROM OTHER FUNDS TOTAL TOURISM GROWTH INVESTMENT FUND $ SANDBRIDGE SPECIAL SERVICE DISTRICT SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance $ General Property Taxes Other Local Taxes Total Local Revenue TRANSFERS FROM OTHER FUNDS $ 0 100,000 $ 100,000 $ 100,000 270,000 396,546 4,908,941 5,575,487 7,741,932 $ 13,317,419 $ 0 31,000 $ 31,000 8,274,859 8,305,859 0 117,300 156,788 274,088 201,680 TOTAL SANDBRIDGE SPECIAL SERVICES DISTRICT SPECIAL REVENUE FUND $ 475,768 EMS STATE TWO-FOR-LIFE SPECIAL REVENUE FUND LOCAL REVENUE Fund Balance $ 0 $ 0 Total Local Revenue REVENUE FROM THE COMMONWEALTH 141,700 TOTAL EMS STATE TWO-FOR-LIFE SPECIAL REVENUE FUND FIRE PROGRAM SPECIAL REVENUE FUND $ 141,700 LOCAL REVENUE Fund Balance $ 0 Total Local Revenue REVENUE FROM THE COMMONWEALTH TOTAL FIRE PROGRAMS SPECIAL REVENUE FUND $ 0 136,035 $ 136,035 Revenue Source Budget 1995-1996 WATER AND SEWER FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Charges for Services M~scellaneous Revenue Total Local Revenue NON-REVENUE RECEIPTS TRANSFERS FROM OTHER FUNDS TOTAL WATER AND SEWER FUND GOLF COURSE ENTERPRISE FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Charges for Services TOTAL GOLF COURSE ENTERPRISE FUND SCHOOL CAFETERIAS ENTERPRISE FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Charges for Services M~scellaneous Revenue Total Local Revenue REVENUE FROM THE COMMONWEALTH REVENUE FROM THE FEDERAL GOVERNMENT TOTAL SCHOOL CAFETERIAS ENTERPRISE FUND MARINE SCIENCE MUSEUM ENTERPRISE FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Charges for Services Total Local Revenue TRANSFERS FROM OTHER FUNDS TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND PARKING ENTERPRISE FUND LOCAL REVENUE Fund Balance Charges for Services TOTAL PARKING ENTERPRISE FUND STORM WATER UTILITY ENTERPRISE FUND LOCAL REVENUE Fund Balance Revenue from Use of Money and Property Charges for Services Total Local Revenue REVENUE FROM THE COMMONWEALTH 0 5,027,141 61,031,764 75,056 66,133,961 2,246,601 110,455 $ 68,491,017 0 88,612 2,397,243 $ 2,485,855 0 124,076 9,731,761 160,252 10,016,089 410,000 7,154,062 $ 17,580,151 500,000 30,000 2,821,815 3,351,815 2,984,134 $ 6,335,949 $ 0 968,717 $ 968,717 0 100,000 6,4OO,0OO 6,500,000 3,075,000 TOTAL STORM WATER UTILITY ENTERPRISE FUND $ 9,575,000 Revenue Source Budget 1995-1996 GENERAL DEBT FUND LOCAL REVENUE Fund Balance Total Local Revenue TRANSFERS FROM OTHER FUNDS TOTAL GENERAL DEBT FUND $ 3,447,257 3,447,257 76,525,388 $ 79,972,645 WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND LOCAL REVENUE Fund Balance $ $ 0 Total Local Revenue TRANSFERS FROM OTHER FUNDS TOTAL WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND $ ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND LOCAL REVENUE Fund Balance $ 2,500,000 Total Local Revenue TRANSFERS FROM OTHER FUNDS TOTAL ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FU $ RESORT PROGRAM CAPITAL PROJECTS FUND LOCAL REVENUE Fund Balance $ Total Local Revenue 2,500,000 $ 0 TRANSFERS FROM OTHER FUNDS TOTAL RESORT AREA CAPITAL PROJECTS FUND LOCAL REVENUE Fund Balance SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND Total Local Revenue 9,506,280 9,506,280 $ 0 TRANSFERS FROM OTHER FUNDS TOTAL SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND $ PARKS AND RECREATION GENERAL REVENUE CAPTIAL PROJECTS FUND LOCAL REVENUE Fund Balance $ Total Local Revenue $ TRANSFERS FROM OTHER FUNDS 3,039,365 $ 3,039,365 $ 0 $ 0 2,000,000 2,000,000 1,481,239 TOTAL PARKS AND RECREATION GENERAL REVENUE CAPITAL PROJECTS FUND $ 1,481,239 Revenue Source Budget 1995.1996 BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND LOCAL REVENUE Fund Balance Total Local Revenue TRANSFERS FROM OTHER FUNDS TOTAL BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND STORM WATER CAPITAL PROJECTS FUND LOCAL REVENUE' Fund Balance Total Local Revenue TRANSFERS FROM OTHER FUNDS TOTAL STORM WATER CAPITAL PROJECTS FUND TOTAL REVENUE Less Interfund Transfers $ 0 $ 0 1,220,000 $ 1,220,000 $ 0 $ 0 1,650,000 $ 1,650,000 $ 1,116,811,362 278,834,280 NET REVENUE $ 837,977,082 - 28 - III-J. 2. ORDINANCES ITEM # 39162 FY 1995-1996/FY 1999-2001 CAPITAL IMPROVEMENT PLAN Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:, AS AMENDED in ONE MOTION items a, b, c, d, e and f of the FY 1995-1996/FY 1999-2001 CAPITAL IMPROVEMENT PLAN encompassing the Summary of City Council Reconciliation Workshop Amendments (Attachment AD. These additions include $1.9-MILLION for First Colonial High School addition/$2.9-MILLlON for Kellam High School additions~S25,000 for secondary street improvements to Sylvan Lake/$1.3-MILLION Traffic Safety Improvements/$250, O00 Waterway Dredging Technical and Policy Study/2nd Year $150,000 Western Branch Dredging/$400, O00 Amphitheater, Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober. Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 - 29 - III-J. 2. a. ORDINANCES ITEM # 39163 FY 1995-1996/FY 1999-2001 CAPITAL IMPROVEMENT PLAN Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $51,100,000 for various schools, roadways, economic/tourism, buiMings and other public improvement projects. Voting. 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $51,100,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL IMPROVEMENTS 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the City of Virg~ma Beach, Vlrg~ma (the "C~ty"), desires to authorize the ~ssuance of general obligation public ~mprovement bonds for various purposes in the maximum amount of $51,100,000 as permitted by the City Charter without submrtt~ng the question of their ~ssuance to the quahfied voters BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1 It ~s hereby determined to be necessary and expedient for the C~ty to construct and ~mprove various public facilities and general improvements, all of which w~ll promote the pubhc welfare of the City and ~ts ~nhab~tants and w~ll facilitate the orderly growth, development, and general welfare of the C~y, and to finance the costs thereof through the borrowing of $51,1 00,000 and issmng the C~'s general obhgal]on bonds therefor. 2 Pursuant to the C~ty Charter and the Public Finance Act of 1991, there are hereby authorized to be ~ssued public ~mprovement bonds of the C~ty ~n the maximum amount of $51,100,000, to prowde funds, together with other funds that may be available, for vanous public ~mprovements, ~nclud~ng Schools, Roadways, Economic and Tourism, and Building projects for the following project actwrt]es ~nclud~ng' preliminary study, prehm~nary survey, permit compliance, enwronmental assessment, planmng, design, engineering, site acquisition, residents relocation, ublrty relocation, construcbon, renoval]on, expansion, repair, demolition, site improvement, site work, legal services, inspection and support sennces, furniture and equipment, and contingencies 23 24 3 The bonds may be issued as a separate issue or combined wth bonds authorized for other purposes and sold as part of one or more combined issues of public ~mprovement bonds 25 26 27 28 29 30 4 The bonds shall bear such date or dates, mature at such t~me or t~mes not exceedIng 40 years from their dates, bear ~nterest, be ~n such denominations and form, be executed ~n such manner and be sold at such t~me or t~mes and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 5 The bonds shall be general obligations of the City for the payment of pnncipal, premium, ~f any, and interest on which ~ts full faith and credit shall be irrevocably pledged 49 50 51 52 53 6 The City intends to receive reimbursement from proceeds of the sale of the bonds for costs related to the purposes for which the bonds are to be ~ssued that are paid by the City pdor to the ~ssuance of the bonds. The C~ty ~ntends that the adoption of th~s ordinance be considered as "official ~ntent" within the meaning of Treasury Regulabons Section I 150-2 promulgated under the Internal Revenue Code of 1986, as amended. 54 55 56 57 58 59 60 7. The City Clerk is directed to make a copy of th~s ordinance continuously available for inspection by the general public during normal business hours at the C~ty Clerk's office from the date of adoption hereof through the date of the issuance of the Bonds 8 The City Clerk, in collaboration with the C~ty Attorney, ~s authonzed and directed to see to the immediate filing of a certified copy of this ordinance w~th the C~rcuit Court of the C~y of Virgima Beach 9. This ordinance shall be in full force and effect from its passage Adopted by the Council of the City of Virgima Beach, V~rgln~a on the 9thday of Ha), ,1995 Requires eight affirmative votes for adoption. - 30 - III-J. 2. b. ORDINANCES ITEM # 39164 FY 1995-1996/FY 1999-2001 CAPITAL IMPROVEMENT PLAN Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $6,593,000 re improvements and expansions to the City's Water/Sewer System. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $6,593,000 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS, the C~ty of V~rg~ma Beach, V~rg~ma (the "C~ty"), desires to authorize the ~ssuance of water and sewer system revenue bonds ~n the maximum amount of $6,593,000 for financing ~mprovements and expansions to the C~ty's water and sewer system (the "System"), as permitted by the C~ty Charter w~thout submitting the question of their ~ssuance to the quahfied voters BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1 It ~s hereby determined to be necessary and expedient for the C~ty to conbnue ~ts program of ~mprowng and extending the System which w~ll promote the pubhc welfare of the C~ty and ~ts ~nhab~tants and w~ll fac~htate the orderly growth, development, and general welfare of the C~ty, and to finance the costs thereof through the borrowing of $6,593,000 and ~ssu~ng the City's revenue bonds therefor 2 Pursuant to the C~ty Charter and the Pubhc F~nance Act of 1991, there are hereby authorized to be ~ssued water and sewer system revenue bonds of the C;ty ~n the maximum amount of $6,593,000 to prowde funds, together w~th other ava;lable funds, for financing the costs of improvements and expansions to the System 3 The bonds shall bear such date or dates, mature at such time or t~mes not exceeding 40 years from their dates, bear ~nterest, be ~n such denominations and form, be executed ~n such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolubons 4 The System ~s an undertaking from which the City may derive a revenue The bonds shall be limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the C~ty from the System, and shall not be ~ncluded w~th~n the otherwise authorized ~ndebtedness of the City The bonds shall not be deemed to create or constitute an ~ndebtedness of or a pledge of the faith and credit of the Commonwealth of V~rg~ma or of any county, c~ty, town, or other poht~cal subd~ws~on of the Commonwealth, ~nclud~ng the C~ty The ~ssuance of the bonds and the undertaking of the covenants, condlbons, and agreements to be contained ~n resolubons to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other poht~cal subd~ws~on of the Commonwealth to levy and collect any taxes whatsoever or make any appropnatJon therefor, except from the revenues pledged to the payment of the pnnc~pal of and premium, ~f any, and ~nterest on the bonds 5 Such resolubons to be adopted and agreements to be entered ~nto hereafter authorizing the ~ssuance of the bonds and providing the details thereof shall contain appropriate covenants requ~nng the C~ty to fix, charge, and collect such rates, fees, and other charges for the use of and the services furmshed by the System and to rewse the same from bme to bme and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 same become due and to provide a margin of safety therefor Such resolutions and agreements shall also ~nclude such addlbonal covenants, agreements, and other terms as are customary for the protecl~on of the holders of water and sewer revenue obhgat~ons 6 The C~ty ~ntends to receive reimbursement from proceeds of the sale of the bonds for costs related to the purposes for which the bonds are to be issued that are paid by the City prior to the ~ssuance of the bonds The C~y intends that the adoption of this ordinance be considered as "official intent" within the meamng of Treasury Regulations Section 1 150-2 promulgated under the Internal Revenue Code of 1986, as amended 7 The City Clerk is directed to make a copy of this ordinance continuously available for ~nspect]on by the general public dunng normal business hours at the City Clerk's office from the date of adopbon hereof through the date of the ~ssuance of the bonds 8 The City Clerk, in collaboration w~th the C~ty Attorney, is authorized and directed to see to the immed~ate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach 9 Th~s ordinance shall be ~n full force and effect from its passage Adopted by the Councd of the C~ty of V~rg~ma Beach, V~rg~ma on the 9th:lay of Ha}, ,1995 APPROVED AS TO LEGAL S~JFr ICIENCY - 31 - III-J. 2. c. ORDINANCES ITEM # 39165 FY 1995-1996/FY 1999-2001 CAPITAL IMPROVEMENT PLAN Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the issuance of Storm Water Utility Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $2,243,500 for improvements and expansions to the City's Storm Water Utility System. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert 32 Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy 32 Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER UTILITY SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $2,243,500 WHEREAS, the C~ty of V~rg~ma Beach, V~rg~ma (the "C~ty"), desires to authorize the ~ssuance of storm water ubhty system revenue bonds ~n the maximum amount of $2,243,500 for financing improvements and expansions to the C~ty's storm water ubhty system (the "System"), as permitted by the City Charter without submitting the question of their issuance to the quahfied voters, 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 BE It ORDAINED BY THE COUNCIL Of THE CITY OF VIRGINIA BEACH, VIRGINIA I It is hereby determined to be necessary and expedient for the City to continue its program of improwng and extending the System which w~ll promote the pubhc welfare of the C~ty and ~ts ~nhab~tants and w~ll fac~htate the orderly growth, development, and general welfare of the C~ty, and to finance the costs thereof through the borrowing of $2,243,500 and ~ssu~ng the C~ty's revenue bonds therefor 2 Pursuant to the C~ty Charter and the Pubhc F~nance Act of 1991, there are hereby authonzed to be ~ssued storm water ut~hty system revenue bonds of the C~ty ~n the maximum amount of $2,243,500 to prowde funds, together w~th other available funds, for financing the costs of ~mprovements and expansions to the System 3 The bonds shall bear such date or dates, mature at such brae or bmes not exceeding 40 years from their dates, bear ~nterest, be ~n such denominations and form, be executed ~n such manner and be sold at such bme or t~mes and ~n such manner as the Council may hereafter provide by appropnate resolution or resolutions 4 The system ~s an undertaking from which the C~ty may derive a revenue The bonds shall be hm~ted obhgabons of the C~ty, payable as to pnnc~pal, premium, ~f any, and ~nterest solely from the revenues derived by the City from the System, and shall not be included within the otherwise authorized indebtedness of the City The bonds shall not be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of V~rg~n~a or of any county, c~ty, town, or other pohbcal subd~ws~on of the Commonwealth, ~nclud~ng the C~ty, and shall so state on their face The ~ssuance of the bonds and the undertaking of the covenants, conditions, and agreements to be contained ~n resolutions to be adopted or agreements to be entered ~nto hereafter shall not d~rectly, ~nd~rectly, or contingently obhgate the Commonwealth, the C~ty, or any other poht~cal subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefor, except from the revenues pledged to the payment of the pnnc~pal of and premium, if any, and ~nterest on the bonds 5 Such resolutions to be adopted and agreements to be entered ~nto hereafter authorizing the issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use of and the services 10 11 12 13 14 15 16 17 18 furmshed by the System and to rewse the same from bme to bme and as often as shall be necessary so as to produce sufficient net revenues to pay pnnc~pal of and premium, ~f any, and ~nterest on the bonds as the same become due and to prowde a margin of safety therefor Such resolutions and agreements shall also ~nclude such additional covenants, agreements, and other terms as are customary for the protection of the holders of storm water ut~hty revenue obhgabons 6 The C~ty ~ntends to receive reimbursement from proceeds of the sale of the bonds for costs related to the purposes for which the bonds are to be ~ssued that are pa~d by the C~ty prior to the ~ssuance of the bonds The C~ty ~ntends that the adoption of th~s ordinance be considered as "official intent" w~th~n the meamng of Treasury Regulabons Secbon 1 150-2 promulgated under the Internal Revenue Code of 1986, as amended 7 The C~ty Clerk ~s d~rected to make a copy of th~s ordinance continuously available for ~nspecbon by the general pubhc dunng normal bus~ness hours at the C~ty Clerk's office from the date of adoption hereof through the date of the ~ssuance of the bonds 8 The City Clerk, ~n collaboration with the C~ty Attorney ~s authorized and directed to see to the ~mmed~ate fihng of a certified copy of this ordinance w~th the C~rcult Court of the C~ty of V~rgln~a Beach 9 Th~s ordinance shall be ~n full force and effect from ~ts passage Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~ma on the 9r. hday of May 1995 API OVED AS TO APPROVED AS TO LEGAL SUFFICIENCY - 32 - III-J. 2 d. ORDINANCES ITEM # 39166 FY 1995-1996/FY 1999-2001 CAPITAL IMPROI/'EMENT PLAN Upon motion by V~ce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Ordinance No. 93-2204A re Tourism Growth and Investment Special Revenue Fund (TGIF) by ADDING the Economic and Tourism Development Studies and the Nature-Based Visitation Development projects. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 93-2204A PERTAINING TO THE TOURISM GROWTH AND INVESTMENT SPECIAL REVENUE FUND WHEREAS, on February 2, 1993, C~ty Councd adopted Ordinance No 93-2204A which, among other things, established the Tourism Growth and Investment Special Revenue Fund, WHEREAS, subsequent amendments were made on May 25, 1993 and November 23, 1993 which added projects to the hst of capital projects authorized thereunder, 10 WHEREAS, C~ty Councd desires to add additional capital projects to the hst of capital projects authorized thereunder 11 12 13 14 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1 That Ordinance No 93-2204A, as amended on May 25, 1993 and on November 23, 1993 ~s hereby amended and reordalned by adding the Economic and Tourism Development Studies and the Nature-Based V~s~tabon Development proJects to the hst of capital projects estabhshed thereunder as the Tourism Growth and Investment Program 17 2 That th~s Ordinance shall become effective on the date of ~ts adopbon 18 19 1995 Adopted by the Councd of the C~ty of V~rg~n~a Beach, V~rg~n~a on the ~ 9 day of Hay APPROVED AS TO CONTENT Dept of Management an~t Budget APPROVED AS TO LEGAL SUFFICIENCY J III-J. 2. e. ORDINANCES ITEM # 39167 FY 1995-1996/FY 1999-2001 CAPITAL IMPROVEMENT PLAN Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED: Ordinance FY 1995-1996/FY 2000-2001 Cap~ Improvement Program in the amount of $961,504,838; and, APPROPRIATE $108,531,031 for the FY 1995-1996 Capital Budget, subject to funds being provided from various sources, and further subject to any amendments adopted by City Council. This Ordinance encompasses the Summary of City Council Reconciliation Workshop Amendments (Attachment AD. These additions include $1.9-MILLION for First Colonial High School addition/$2.9- MILLION for Kellam High School additions~S25,000 for secondary street improvements to Sylvan Lake/$1.3-MILLION Traffic Safety Improvements/$250, O00 Waterway Dredging Technical and Policy Study/2nd Year $150,000 Western Branch Dredging/$400, O00 Amphitheater. Voting: 11-0 Council Members Voting Aye: John A Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 C~ty of V~rg~ma Beach, V~rg~n~a FY 1995-1996 Capital Budget and FY 1995-1996/FY 2000-2001 Capital Improvement Program Summary of C~ty Councd Reconcdat~on Workshop Amendments Estimated Sources of Funding Proposed m FY 1995-1996\FY 2000-2001 Capital Improvement Program Changes in funding from Charter Bonds for FY 1995-1996 Capital Capital Improvements Budget Program $ 101,556,031 $ 950,785,234 School Projects Western Branch Lynnhaven River Dredging Net Change ~n Charter Bond Funding 4,350,000 6,066,000 0 2,028,604 41350,000 8,094~604 Changes ~n funding from General Fund Balance School Projects Waterway Dredging Techmcal and Pohcy Study Western Branch Lynnhaven R~ver Dredging Economic and Tounsm Development Partnerships(Amphitheater) Roadways - Addition of Sylvan Lake Secondary Streets Net Change m General Fund Balance Funding 500,000 500,000 250,000 250,000 150,000 150,000 1,700,000 1,700,000 25,000 25,000 , 2,625~000 2,625,000 Adjusted FY 1995-1996\FY 2000-2001 Capital Improvement Program $ 108,531,031 $ 961,504,838 Estimated Allocations Proposed in FY 1995-1996\FY 2000-2001 Capital Improvement Program Schools Secbon F~rst Colonial High School Addibons Kellam H~gh School Additions Kingston Elementary School Additions Transfer of Funds m FY 1994-1995 to M~ddle School -1997( project #1-021) from Renovations and Replacements(Project # 1-058) w~th the reverse happening in FY 1995-1996( As requested by the School Board) Total Adjustment To School Section Roadways Secbon Secondary Street Improvements addition of Sylvan Lake Traffic Safety Improvements(to replace appropnabons to date transfered for Amphitheater) Total Adjustment To Roadways Section Coastal Section Waterway Dredging Techmcal and Pohcy Study Western Branch Lynnhaven R~ver Dredging Total Adjustment to Coastal Section Economic and Tourism Development Secbon Economic and Tourism Development Partnerships(Amphitheater) $ 101,556,031 $ 950,785,234 1,900,000 1,900,000 2,950,000 2,950,000 0 1,716,000 0 0 4~,850,000 6,566,000 25,000 25,000 1~300,000 0 1,325,000 25,000 250,000 250,000 150,000 2,178,604 400~000 2,428,604 400,000 1,700,000 Adjusted FY 1995-1996\FY 2000-2001 Capital Improvement Program $ 108r531,031 $...961,504,83~ Note' School C I P Projects for Additions in FY 1995-1996 and FY 1996-1997 to be apporpriated by individual school Attachment A1 AN ORDINANCE TO ADOPT THE FY 1995-961FY 2000-01 CAPITAL IMPROVEMENT PROGRAM AND TO APPROPRIATE $108,531,031 FOR THE FY 1995-96 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN ATTACHMENT A1 AMENDMENTS 7 WHEREAS, the C~ty Manager, on March 28, 1995, presented to C~ty Council the Capital 8 Improvement Program for fiscal years 1995-96 through 2000-01, 9 WHEREAS, C~ty Council held pubhc heanngs on the program to prowde for pubhc 10 comment, 11 WHEREAS, based on pubhc comment, C~ty Council has determined the need for certain 12 projects ~n the Capital Improvement Program, 13 WHEREAS, ~t ~s necessary to appropriate funds for the projects underway or beg~nmng ~n 14 the 1995-96 fiscal year as set forth ~n sa~d Capital Improvement Program 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA 17 Section 1 That the program, as modified, for the construction of, or addition to capital 18 fac~hbes Idenbfied for fiscal years 1995-96 through 2000-01 ~s hereby adopted and that projects hsted here~n 19 are approved as capital projects 20 Section 2 That the projects shall be financed from funds to be appropnated periodically 21 by C~ty Council, and until funds are so prowded, the projects are for planmng purposes only and may be 22 deleted, altered, or rescheduled ~n any manner at any t~me by C~ty Council 23 Section 3 That funds ~n the amounts aggregabng $108,531,031 for capital proJects ~n the 24 Capital Budget for the 1995-96 fiscal year as set forth ~n sa~d Capital Improvement Program are hereby 25 appropriated, by proJect class, subject to the conditions set forth, as follows 26 27 28 29 30 31 32 33 34 35 36 37 38 CAPITAL PROJECTS School ProJect Class 1-021 Middle School - 1997 1-040 Underground Storage Tanks - Schools 1-047 Elementary School - 1997 1-062 ADA School Modifications 1-063 Indoor A~r Quahty Improvements 1-064 Relocation L~nkhorn Park and Seatack Elementary Schools 1-074 Renovations and Replacements - Various 1-076 F~rst Colomal H~gh School Add~bons 1-077 Kellam H~gh School Additions 1-083 Renovations and Replacements - Reroofing Total School ProJects Class APPROPRIATION 19,028,762 250,000 7,498,200 500,000 2,000,000 378,028 1,435,000 1,900,000 2,950,000 1,805,000 $ 37,744,990 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Roadway Projects Class 2-021 Rural Road Improvements 2-051 C~tyw~de Parking Improvements (Part~al) 2-136 International Parkway 2-211 Secondary Street Improvements 2-263 Major Bridge Reconstruction and Rehab~htat~on 2-285 Traffic Safety Improvements - Phase II 2-837 Vanous Cost Participation Projects 2-219 Independence Boulevard - Phase IV-C 2-279 Kempswlle Road/Prowdence Road Intersection Improvements 2-284 Resurfac~ng and Reconstruction Backlog Reduction 2-164 Jeanne Street 2-268 Wetlands M~t~gatJon Banking 2-277 Boys' Club/G~rls' Club Access 2-930 Salem Road 2-278 TCC S~te Improvements Total Roadway Projects Class Coastal Projects Class 2-014 Lynnhaven Inlet Maintenance Dredging 2-007 Cltyw~de Sand Replemshment Project 2-012 Waterway Dredging Techmal and Pohcy Study 2-830 Rudee Inlet Dredging 2-109 Western Branch Lunnhaven R~ver Dredging 2-197 Pleasure House Creek Boat Ramp 2-283 Nawgabon AIds Total Coastal Projects Class 300,000 54,636 1,140,500 130,000 318,212 2,222,373 138,493 4,320,000 501,306 1,566,396 118,000 62,000 115,000 12,000 365,000 $ 11,363,916 103,382 1,020,000 250,000 305,000 150,000 47,500 65,000 $ 1,940,882 66 67 68 Economic and Tourism Development Projects Class 2-057 Ocean Walk 2-094 Dome Area Development 500,000 255,000 69 70 71 72 73 74 75 76 77 78 79 80 81 2-141 Economic Development Investment Program 2-198 Burton Station 2-199 Conference/Convention Fac~hty Renovabon 2-254 West Neck Golf Course 2-255 Conference/Convenbon Fac~hty Expansion Planmng 2-275 Cape Henry L~ghthouse Restoration 2-276 Agricultural Reserve Program 2-704 Beach Erosion Control and Hurncane Protecbon (Part~al) 3-002 Virg~ma Manne Science Museum Expansion 2-260 Economic and Tounsm Development Partnerships 2-280 Economic and Tourism Development Studies 2-290 Nature-Based V~s~tabon Development (Part~al) Total Economic and Tounsm Development Projects Class 1,561,202 350,000 1,000,000 134,365 200,000 200,000 3,559,586 3,500,000 7,752,117 9,200,000 300,000 50,000 $ 28,562,270 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Braiding Projects Class 3-005 Underground Storage Tanks - C~ty 3-007 PesticIde/PaInt Storage Faclhty 3-010 Beach Borough Service Center 3-018 F~re/Rescue Station - Creeds 3-038 Various Buildings Rehab~htat~on and Renewal 3-040 Breathing Apparatus Replacement 3-992 Pendleton Child Service Center Relocabon 3-020 ADA Building Modifications 3-022 Asbestos Removal - C~ty Buildings 3-033 F~re Fac~hty Rehab~htat~on and Renewal 3-042 Correction Center- Recreabon Yard Enclosure Total Braiding Projects Class Parks and Recreabon Projects Class 4-935 Pnncess Anne Park Expansion - Phased Improvements 4-953 Mumc~pal Golf Course Improvements (On-Going) 4-954 Tenms Court Renovations (On-Going) 4-955 Athlebc F~elds Upgrading and L~ght~ng 4-959 Golf Course Infrastructure and Equipment (On-Going) 4-960 V~rg~ma Beach Outdoors Plan Acquisition 4-961 Pungo - Park Connector Tra~l Fac~hty - Phase I 4-964 VBOP Greenways/Scemc Waterways 4-965 VBOP Heritage Resources 4-966 VBOP Pubhc Beach Access 4-967 VBOP Tra~ls 4-969 Bow Creek Recreation Center A~r Conditioning 4-968 West Neck Creek D~stnct Park Total Parks and Recreation Projects Class 565,000 41,113 2,801,481 125,337 887,358 286,000 51,875 250,000 163,870 120,000 28,200 $ 5,320,234 847,807 181,000 70,000 75,000 82,432 225,000 516,000 200,000 200,000 200,000 200,000 75,000 500,000 $ 3,372,239 110 111 112 113 114 115 116 117 118 119 120 121 122 Storm Water Ubhty Projects Class 2-020 Vanous Drainage Improvements 2-114 Pnncess Anne Plaza Drainage - Phase II 2-170 North Beach Drmnage -Intenm Improvements 2-183 Storm Water Quahty Enhancements 2-186 W~ndsor Woods Drainage 2-181 Pocahontas V~llage 2-185 Indian Lakes Drainage 2-272 Lake Holly Dredging 2-800 Lynnhaven Colony/Cape Story By-The-Sea-Drainage 2-902 North Beach Storm Drainage (Part~al) 2-960 Oceana Gardens West Drainage Total Storm Water Ubhty ProJects Class 300,000 1,466,762 221,376 200,000 230,000 126,500 250,000 540,000 327,000 233,842 538,020 $ 4,433,500 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 Water Ubhty Projects Class 5-093 Comprehensive Water Study - Phase III 5-094 Small L~ne Improvements - Phase III 5-095 Various Highway Projects - Phase III 5-096 Water Request and Agreement Projects - Phase III 5-119 Flow Momtonng System 5-124 Tank Upgrade Program 5-125 Ubhty B~lhng System Upgrade 5-126 Water Quahty Program 5-127 Landstown Yard Improvements - Phase II 5-137 Amphitheater Water Extension 5-966 Atlanbc Avenue Improvements 5-099 South Kentucky Avenue - 51% Type 5-105 Stumpy Lake Lane - 51% Type 5-114 London Bridge Road - Phase II 5-128 Water System Samphng Program 5-129 Potable Wells Evaluabon Program 5-109 Lagomar- 51% Type Total Water Ufihty Projects Class 75,000 250,000 200,000 200,000 250,000 500,000 75,000 150,000 75,000 300,000 55,000 10,000 185,000 143,000 800,000 250,000 490,000 $ 4,008,000 142 143 144 145 146 147 148 149 150 151 152 Sewer Ubhty ProJects Class 6-033 Infiltrabon, Inflow, and Rehab~htabon - Phase III 6-034 Pump Stabon Mod~ficabons - Phase III 6-035 Various H~ghway Projects - Phase III 6-036 Vanous Sewer Projects - Phase III 6-054 Ubhty B~lhng System Upgrade 6-055 Landstown Yard Improvements- Phase II 6-937 Aragona Rehab~htabon 6-939 Comprehensive Sewer Study 6-009 Salem Road "D" 6-048 L~ttle Haven 200,000 250,000 150,000 250,000 75,000 75,000 600,000 110,000 150,000 610,000 153 154 155 156 157 158 159 160 161 162 163 164 6-049 Eagles Nest Point 6-050 Salem Road 6-052 Stumpy Lake Lane 6-062 Ampl~theater Sewer Extension 6-063 Central Bus~ness D~stnct Needs Assessment Study 6-064 Sewer Pump Stabon Alarm System 6-931 Sandbrldge 6-997 Wh~tehurst Landing Road "A" 6-998 South Kentucky Avenue 6-014 Potters Road 6-971 North London Bridge Road Force Ma~n Total Sewer Ubhty Projects Class 542,000 460,000 635,000 65O,OOO 100,000 1,000,000 4,246,000 70,000 12,000 300,000 1,300,000 $ 11,785,000 $ 15,793,000 $ 108,531,031 165 Total Ubhty Projects Class 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 Total Appropnabons Secl]on 4 That, ~n accordance w~th Secbon 2-196 of the C~ty Code, F~nanc~ng Sources in support of the Capital Budget for the 1995-96 fiscal year as set forth ~n sa~d Capital Improvement Program are as follows Financinq Sources General Appropriations General Fund Balance 1994 Charter Bonds Water and Sewer Fund Federal ContnbutJon State Contnbubon Water and Sewer Revenue Bonds Storm Water Ul]hty Bonds Storm Water Ut~hty Fund Retained Earmngs Other Total F~nanc~ng 15,397,056 18,223,647 46,660,000 2,500,000 1,739,000 5,886,396 6,593,000 2,243,500 1,670,000 7,240,000 378,432 $ 108,531,031 Secbon 5 That cap,al project funds appropnated ~n pnor fiscal years are to be adjusted ~n accordance w~th sa~d Capital Improvement Program and reallocated as follows School Projects Class Transfer To 1-021 Middle School- 1997 $ 1-074 Renovabons and Replacements - Various 1-083 Renovations and Replacements - Reroofing 1-084 Renovations and Replacements - HVAC System Total Transfer To 500,000 300,000 3,062,700 5,174,000 $ 9,036,700 192 193 194 Transfer From 1-058 Renovations and Replacements Total Transfer From $ 9,036,700 $ 9,036,700 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 Roadway Projects Class Transfer To 2-086 South Plaza Tra~l 2-095 Indian R~ver Road - Phase VI 2-122 Gum Swamp Bridge 2-132 London Bndge Road Extended 2-133 Shore Drive Intersections 2-140 London Bridge Road - Phase II 2-156 Lask~n Road - Phase I 2-165 Lask~n Road - Phase II 2-167 Lynnhaven Parkway - Phase ×1 2-169 Rosemont Road W,demng 2-173 Bow Creek Bridge 2-174 Doz~er's Bridge 2-211 Secondary Street Improvements 2-213 Queen C~ty Street Improvements 2-218 Harbor Point Road - Extended 2-219 Independence Boulevard - Phase IV-C (Part~al) 2-264 Lask~n Road - Phase III 2-268 Wetlands M~t~gat~on Banking (Part~al) 2-269 Pnncess Anne Access Road 2-273 Landstown Road Extended - Phase I 2-285 Traffic Study Improvements - Phase II 2-903 Rudee Inlet Bridge Total Transfer To 59,345 311,464 646,118 253,776 420,119 12,000 12,000 12,000 12,000 74,750 62,211 162,871 10,000 236,000 462,000 97,683 12,000 10,000 1,225,000 2,756,000 1,252,672 677,348 $ 8,777,357 220 221 222 223 224 225 226 227 228 229 230 231 232 233 Transfer From 2-116 Salem Road Culvert Improvement 2-019 Indian Lakes Boulevard - Phase I 2-037 Landstown Road 2-042 M~II Dam Bridge 2-070 Northampton Boulevard - Phase II 2-055 London Bridge Road - Phase I 2-075 Rosemont Road - Phase IV 2-080 Indian R~ver Road - Phase V 2-081 TCC Offs~te Access Improvement 2-083 Indian Lakes Boulevard - Phase II 2-084 M~htary H~ghway 2-129 Elbow Road Bridge 2-134 Flanagans Lane 934 303,945 50,000 1,333 585 100,000 461,484 955,242 307,064 837,389 70,293 9,631 280,183 234 235 236 237 238 239 24O 241 242 243 244 245 246 247 248 249 250 2-138 Wesleyan Drive 2-139 Kempsvllle Road - Phase III 2-149 B~rdneck Road - Phase II 2-157 Lynnhaven Parkway- Phase IX 2-164 Jeanne Street 2-175 Independence Boulevard - Phase IVB 2-209 Courthouse Loop North - Phase II 2-212 Lask~n Road and Holly Intersection 2-220 Equestnan Racetrack Access Improvements 2-410 Great Neck Road - Phase II 2-412 V~rg~ma Beach Boulevard - Phase I 2-600 Virginia Beach Boulevard - Phase II 2-816 Traffic Safety Improvements 2-910 General Booth Boulevard - Phase II 2-984 Seatack Streets - Phase liB 2-987 Independence Boulevard - Phase IVA Total Transfer From 20,996 195,683 35,954 742,340 8,449 574,850 1,1 38,223 100,000 1,026,619 30,590 7,339 5,151 1,252,676 50,000 3,915 206,489 $ 8,777,357 251 252 253 254 255 256 257 Coastal Projects Class Transfer To 2-014 Lynnhaven Inlet Maintenance Dredging 2-077 C~ty-w~de Sand Replemshment 2-197 Pleasure House Creek Boat Ramp 2-283 Nawgat~onal A~ds Total Transfer To 10,000 2,500 100,000 50,000 $ 162,500 258 259 26O 261 Transfer From 2-221 Rudee Inlet Seabee Demonstrabon 2-830 Rudee Inlet Dredging Total Transfer From 132,500 30,000 $ 162,500 262 263 264 265 266 267 Economic and Tourism Development Projects Class Transfer To 2-049 Resort Streetscape Improvements 2-255 Conference/Conventmn Fac~hty Expansion 2-260 Economm and Tounsm Development Partnersh;ps Total Transfer To' 900,000 85,000 1,300,000 $ 2,285,000 268 269 27O 271 272 Transfer From 2-066 Oceanfront Connector Parks 2-199 Conference/Convenbon Fac~hty 2-816 Traffic Safety Improvements Total Transfer From 900,000 85,000 1,300,000 $ 2,285,000 273 274 275 276 277 278 279 Parks and Recreation Projects Class Transfer To 4-942 Owl Creek Tenms Center - Pro Shop 4-950 Neighborhood Park Improvement Backlog 4-956 Owl Creek Boat Ramp Improvements 4-962 Seatack Commumty Center Expansmn Total Transfer To 150,000 45,000 55,975 637,000 $ 887,975 280 281 282 283 284 285 286 287 288 289 290 291 Transfer From 4-939 Neighborhood Park Development and Acquisition 4-947 Park Reservation Acquisition and Development 4-951 Neighborhood Community Park 4-953 Municipal Golf Improvements 4-959 Golf Course Infrastructure/Equipment Total Transfer From Storm Water Projects Class Transfer To 2-114 Princess Anne Plaza Drainage 2-817 Chesapeake Beach Drainage - Phase I Total Transfer To 123,903 327,164 365,811 17,480 53,617 $ 887,975 800,000 38,695 $ 838,695 292 293 294 295 296 297 Transfer From 2-117 Wolfsnare D~tch Improvements 2-179 P~ne R~dge Drainage 2-181 Pocahontas V~llage Drainage System Improvements 2-823 Salem Canal Improvements Total Transfer From 271,000 60,000 10,000 497,695 $ 838,695 298 299 3OO 301 3O2 3O3 3O4 3O5 3O6 3O7 3O8 3O9 310 311 312 313 Water and Sewer Utility Projects Class Transfer To 5-005 North London Bridge Road 5-052 bttle Haven - 51% 5-076 Kempsv~lle Road 5-105 Stumpy Lake Lane - 51% 5-107 L~ttle Neck Point- 51% 5-112 Eagle Nest Point- 51% 5-113 Potters Road - 51% 5-711 Centerv~lle Turnpike 5-966 Atlanbc Avenue Improvements 5-973 First Colomal Road - Phase III 6-005 F~rst Colomal Road - Phase III 6-033 InfiltratJon, Inflow, and Rehab~htabon - Phase III 6-036 Various Sewer Projects - Phase III 6-048 L~ttle Haven 200,000 60,000 150,000 100,000 500,000 200,000 100,000 100,000 170,000 160,000 490,000 2,200,000 360,000 270,000 314 315 316 317 318 319 32O 6-049 Eagle's Nest 6-050 Salem Road 6-938 Pnncess Anne Plaza Rehab~htat]on 6-006 Grayson/Bonney Road 6-994 Ashmore Drive 6-939 Comprehensive Sewer Study Total Transfer To 298,000 530,000 800,000 50,000 55,000 90,000 $ 6,883,000 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 34O 341 342 343 344 345 346 347 348 349 35O 351 352 353 354 355 Transfer From 5-002 Sandbndge Road - Phase II 5-064 Columbus Street Station Modifications 5-067 Courthouse Sandbndge Modifications 5-069 Small Line Improvements 5-071 Water Request Agreement- Phase II 5-106 Salem Road "A" - 51% 5-835 Lynnhaven Pump Station Modifications 6-007 Indian River/HIIIcrest 6-015 Infiltration, Inflow, and Rehabihtat]on 6-021 Salem Road "C" 6-058 Princess Anne Downs 6-061 30th Street Entertainment Center 6-934 Bay Colony 6-999 Brock's Bridge Total Transfer From 220,000 250,000 200,000 600,000 200,000 170,000 205,000 298,000 3,000,000 530,000 580,000 360,000 150,000 120,000 $ 6,883,000 Sect]on 6 That add~t]onal appropnabons and the addition of capital projects shall not be ~mbated except with the consent and approval of the City Council first being obtained Sect]on 7 That the restncbon wrth respect to the expenditure and encumbrance of funds appropriated shall apply only to the cumulat]ve totals of each project class All contracts awarded for approved and appropriated caprtal projects, exclusive of school projects, must be cerbfied as to the ava~labihty of funds by the D~rector of F~nance prior to the ~nlt]at]on of work on the contract Sect]on 8 Subject to any apphcable restrict]on of law or of any bonds or bond ~ssue that the City Manager or the D~rector of Management Services is authorized to approve transfers of appropriation in an amount up to $25,000 between capital projects w~th~n a project class as may best meet the needs of the c~ty The C~ty Manager or the Director of Management Services is hereby authorized to estabhsh and administer the budgeting of Capital Projects consistent w~th best management pract]ces, report]ng requirements and the Capital Improvement Program adopted by the C~ty Council Sect]on 9 That the City Manager or the D~rector of Management Services ~s authorized to change, subject to any applicable restriction of law or of any bonds or bond issue, the Financing Sources for the various capital projects ~ncluded ~n th~s ordinance to reflect effect]ve ut~hzabon of the F~nanc~ng Sources If the F~nanc~ng Sources ~n support of capital projects decline, the C~ty Manager or the Director of Manage- ment Services ~s authorized to reduce, subject to any apphcable restrict]on of law or of any bonds or bond ~ssue, those appropnat]ons to equal the changed Funding Source The C~ty Manager must give prior not]ce 356 357 358 359 36O 361 362 363 364 365 366 367 368 369 370 371 372 to the C~y Council of any reductions to total appropriations exceeding $25,000 The notice to Crty Council shall ~dentify the bas~s and amount of the appropriation reduction and the Capital Projects affected The Accounbng Records of the c~ty w~ll be maintained ~n a manner where the total of F~nancing Sources ~s equal to the total appropriations for each of the c~ty's capital projects funds Section 10 That the Caprtal Improvement Program debt management pohc~es contained and ~ncluded ~n the Resource Management Plan - Executive Summary document shall be the pohcy gmdehnes of the c~ty and that the C~ty Manager shall annually report on the status of those gu~dehnes and the projected ~mpact of the proposed Capital Improvement Program on those gu~dehnes, such ~nformatlon to be ~ncluded ~n the Capital Improvement Program submittal The C~ty Manager may propose modifications to those pohc~es and gu~dehnes through the Capital Improvement Program Section 10 That ~f any part or parts, section or sections, sentences, clauses, phrases of this ordinance ~s for any reason declared to be unconstitutional or ~nvahd, such decision shall not affect the vahd~ty of the rema~mng porbons of th~s ordinance Section 11 V~olation of th~s ordinance shall result In disciplinary action by the City Manger on the person or persons responsible for the capital project category ~n which the v~olation occurred Section 12 That th~s ordinance shall be ~n effect from and after the date of ~ts adoption Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~ma on the 9th day of May, 1995 APPROVED AS TO CONTENT Dept. of Management and Budget - 34 - ORDINANCES ITEM # 39168 FY 1995-1996/FY 1999-2001 CAPIT,4L IMPRO~MENT PLAN Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED: Resolution to request the Virginia Beach Public School System provide quarterly reports to the City Council on the status of the School's various Capital Improvement Program ProJects in a format compatible with the current City Status Report beginning with the 1995-1996 Fiscal Year Voting. 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndor];, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 A RESOLUTION REQUESTING THE VIRGINIA BEACH PUBLIC SCHOOL SYSTEM TO PROVIDE QUARTERLY REPORTS TO THE CITY COUNCIL ON THE STATUS OF THE SCHOOL'S VARIOUS CAPITAL IMPROVEMENT PROGRAM PROJECTS IN A FORMAT COMPATIBLE WITH THE CURRENT CITY STATUS REPORT (EXAMPLE ATTACHED) BEGINNING WITH THE 1995-96 FISCAL YEAR WHEREAS, the C~ty Council has a deep ~nterest ~n ensunng the prows~on of quahty educabon and educational fac~hbes to the youth of the C~ty, w~th~n the confines of available appropriations and resources, WHEREAS, the C~ty Council ~s ~nterested ~n furthenng d~scuss~ons w~th the School Board on meel]ng these objectives, WHEREAS, updated ~nformabon, on the current Capital Improvement Program project status, the schedule of activity, and the project scope and descnpbon ~s necessary for both the City Council and the School Board to ensure an understanding of the ~ssues and the opportumbes as they relate to each of the school proJects ~ncluded ~n the FY 1995-96 Capital Improvement Program, 9 10 11 3.2 3.3 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that effecbve July 1, 1995, the V~rg~ma Beach School Board ~s requested to prowde a quarterly status report, ~n a format s~m~lar to the C~ty's quarterly capital project status report (examples attached ), to the C~ty Council, w~th each report to be transmitted to the C~ty Council by the 15th of the month following the end of the quarter 14 Adopted by the Council of the C~ty of V~rg~ma Beach, V~rglma on the 9t.h day of Hay ,1995 APPRO~ , . APPROVED AS TO LEGAL SUFFICIENCY CRW-D \BO96~Document~schresol ord Design Consultant: Virginia Department of Transportation Construction Contractor: Contract Completion Date: Project Manager: FFH Construction Representative · N/A Pwjec~ Description This project is for the construction of a four-lane divided arterial from Virginia Beach Boulevard along a new alignment through the Oceana Gardens Subdivision to Oceana Boulevard and continuing to General Booth Boulevard, a distan~ of approximately 3.4 miles. It will also provide a new alignment south of Harper's Road, eliminating thc present merge at General Booth Boulevard by widening Prosperity Road and improving thc intersection at General Booth Boulevard. Construction will bc coordinated with water project #$-9'/3 First Colonial Road. Schedule of Activity Curr~t ClP Currant CIP P-vent $ch~iul~ Target Estimate Allocation From - To From - To De. sign 07187 07196 07/87 07/96 $1,165,000 $993,000 Sit~ Acquisition 03195 10196 01195 08/96 $3,450,000 $3,$01,000 Construction 12196 01199 12/96 01199 $11,473,000 $13,969,000 Privat~ Utility Adjust. 0~/96 0~/97 09196 03197 $750,000 $2,549,662 Landscaping 10198 04199 10198 04199 $I00,000 $116,699 Street Lights 09198 01199 09/95 01/99 $575,000 $567,800 lnsln~tioas & Support 07189 04199 07187 04199 $87,717 $87,717 Coatiage~ci~ 07/87 04199 07/87 04/99 $150,000 $119,759 Current Status $ f.~,Tso,./1-i .... $22,204os3~ A location and design public hearing was held on August 31, 1994. An almmafive alignment was presented at the hearing. Thc alternative alignment would realign thc southern terminus of thc project along the Prosperity Road right of way to General Booth Boulevard and would revi.~ thc existlni intersection with General Booth Boulcvaxd accordingly. A meeting to review thc results of thc public hearing was held with VDOT on November 3, 1994. Thc VDOT District Administrator has recommended that the project be presented to thc Commonwealth Transportation Board as shown at the public hearing with thc rcvis~ alternative alignment as the preferred connection to General Booth Boulevard. However, several items of concern remain, and staff is coordinating their resolution. 13 Design Consultant: Rummel Klepper & Kahl Construction Contractor: R. D. Lambert & Son, Inc. Contract Completion Date: Project Manager: EBH Construction Representative · Bill Linsey Project Description This project is for the replacement of driveways and other concrete aprons at three fire stations (Lynnhaven, Oceana, and Kempsville). The concrete failures at these stations are beyond a point at which repairs can be made and require that whole sections be replaced and reinforced to accommodate the weights of the equipment. Schedule of Activity Current ClP Current ClP Event Schedule Target Estimate Allocation From - To From - To Desi~ 05/94 10194 05194 09/94 $16,000 $16,000 Construction 04195 07195 10194 12/94 $219,150 $200,000 Contingencies 01/94 07/95 01194 12194 $2,450 $21,600 $237,600 $237,600 Curreat Status Plans were completed in December. The project was advertised for construction bids on January 15, 1995. The bid opening was held February 2, 1995. The low bid was submitted by R.D. Lambert & Son Inc. in the amount of $219,150. Contracts are currently being routed for execution by the City. A pre-construction meeting was held March 29, 1995. Construction start is forecas~ for early April. 99 April 14( 1995 Design Consultant: (3reaves Finch & Associates, P.C. Construction Contractor: Contract Completion Date: Project Manager: WWP Construction Representative: Project I)escriplion This project is for the construction of an 11,000 square foot fire and rescue station to serve the Creeds Fire/Rescue Services area. Schedule of Activity Current CIP Current CIP Event Schedule Target Estimate Allocation From - To From - To Architect 06/95 02/97 08/94 07/95 $75,356 $75,356 Site Acquisition 06/95 07/95 05/93 06/94 $35,000 $35,000 Construction 02/96 02/97 12/94 12/95 $943,966 $943,966 Demolition & Site Imp. 02/96 02/97 12/94 12/95 $86,625 $86,625 Furniture & Equipment 02/96 02/97 12/94 12/95 $86,625 $86,625 Contingencies 07/94 02/97 12/93 12/95 $172,428 $172,428 $1,400,000 $1,400,000 CAnvent Stares Final negotiation of design contract held up pending finalization of acquisition of site. Virginia Power has requested that this project use geo-thermal energy design and is offering to pay some portion of the cost to design and or build. The consultant has submitted a contract proposal for design services and the geo-thermal study and is revising it based on city and Va. Power comments. The developer's engineer is working on subdivision plat to complete the property transfer so that the project can proceed and the city can finalize the design contract. 1oo A, pril !4, !995 Design Consultant: Clark,Nexsen,Owen,Barbieri,Gibson[CNOBG] Construction Contractor: Contract Completion Date: Project Manager: WWP Construction Representative · Project Description This project is for the expansion of the existing Seatack Community Center. The expansion includes a pool, gymnasium, and appropriate changing areas. Schedule of Activity Curvmt CIP Current CIP Event Schedule Target Estimate Allocation From - To From - To Design Development 09/94 01/96 09/94 09/95 $190,000 $190,000 Construction 04/96 04/97 12/95 12/96 $1,898,000 $1,898,000 Contingencie~ 09/94 04/97 12/95 12/96 $232,000 $232,000 Site Acquisition 09/94 09/95 04/95 09/95 $0 $0 Furniture & Equipment 01/97 04/97 09/96 12/96 $0 $0 $2,320,000 $2,320,000 Current Status Revised design fee proposal received April 6, 1995 and is under review by staff with a recommendation to approve expected by mid-April. Meeting held with representatives from Seatack civic league to present the project on March 30, 1995 with a followup meeting scheduled for April 17, 1995. 112 - 35 - III-J. 3, ORDINANCES ITEM # 39169 CONSENT ,4 GEND,4 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items J. 3 a.b., 4, 5, 6 and Z Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 - 36 - III-J. 3, a.b. ORDINANCES ITEM # 3917O CONSENT ,4 GEND,4 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances re additional revenues for the Sheriff's Office, increasing the estimated revenues accordingly: APPROPRIATE $110,800 from the Inmate Telephone Fund to hire an Inmate Recreational Deputy, an Inmate Librarian Deputy, and two part-time Inmate Library Assistants for the Inmate Library and Recreational Facilities. 2. APPROPRIATE $188, 980 from the State Compensation Board to the Sheriff's FY 1994-1995 Operating Budget to fund the State approved Pay-For-Performance increase to state employees. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None May 9, 1995 'I 2 4 5 6 7 8 9 10 11 12 14 15 16 1'7 18 2O 21 22 AN ORDINANCE TO APPROPRIATE $110,800 IN ADDITIONAL REVENUES FROM THE INMATE TELEPHONE FUND TO HIRE FOUR ADDITIONAL EMPLOYEES AND TO PROVIDE ADDITIONAL FUNDING FOR INMATE ESSENTIALS WHEREAS, the Inmate Telephone Fund receives revenues from the ~nmates use of outgoing telephone commumcabons, and WHEREAS, esbmated revenues ~n th~s fund were conservabve for FY 1994-95 and actual collections are far exceeding the estimate, and WHEREAS, there is a need for an Inmate Recreational Deputy, an Inmate L~brarian Deputy, and two part-bme Inmate L~brary Assistants ~n the Inmate L~brary and recreational fac~htles to prowde adequate oversight of ~nmate acbwbes, and WHEREAS, there ~s also a need to prowde additional funding for ~nmate services and supphes due to the ~ncreased number of ~nmates housed ~n the Jail, and WHEREAS, there ~s no reqmred C~ty match, and WHEREAS, the FY 1995-96 Operabng Budget for the Inmate Telephone Fund w~ll have to be adjusted by $65,000 to reflect the cont~nuabon of these positions NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $110,800 ~n additional revenue from the Inmate Telephone Fund be appropriated to fund the Inmate Recreabonal Deputy, the Inmate L~branan Deputy, and two part-bme Inmate L~brary Assistants needed for the Inmate L~brary and Recreabonal Fac~ht~es and the add~bonal costs associated w~th the ~ncrease ~n ~nmates, and $110,800, and BE IT FURTHER ORDAINED, that FY 1994-95 esbmated revenue from be ~ncreased by BE IT FURTHER ORDAINED, that the FY 1995-96 Operabng Budget for the Inmate Telephone Fund be adjusted by $65,000 to conbnue the employees ~nto the new fiscal year Adopted by the Council of the C~ty of V~rglma Beach, V~rg~nla on the ~ ,, ~,,.,% ,___- ~ ............ - · '' . '~.L. '_"... 9th day of May ,1995 Approved as t:o Cont::;eAt l~anag~mene and ~uct~er CRW-D \OB95\Shen~Shenf2 ord AN ORDINANCE TO APPROPRIATE $188,980 IN ADDITIONAL REVENUES FROM THE STATE COMPENSATION BOARD TO THE SHERIFF'S FY 1994-95 OPERATING BUDGET TO FUND THE PAY-FOR-PERFORMANCE INCREASE TO STATE EMPLOYEES WHEREAS, the State Compensation Board has prowded an additional $188,980 to the Sheriff's Department to fund the approved pay-for-performance to state employees, and WHEREAS, there ~s no reqmred C~ty match NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $188,980 ~n add~bonal revenue from the State Compensal]on Board be appropriated to the Sheriff's FY 1994-95 Operating budget to fund the State approved Pay-For-Performance increase to state employees, BE IT FURTHER ORDAINED, that FY 1994-95 estimated revenue from the Commonwealth be ~ncreased by $188,980 10 Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~ma on the 9th day of May ,1995 - 37 - III-J. 4. ORDINANCES ITEM # 39171 CONSENT AGENDA Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $5,000 in the Francis Land House Board of Governors Trust Fund for completion of restoration projects and for the purchase of period furniture; and, estimated revenue from donations be increased accordingly. Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 AN ORDINANCE TO APPROPRIATE $5,000 IN THE FRANCIS LAND HOUSE BOARD OF GOVERNORS TRUST FUND FOR RESTORATION AND FURNITURE FOR THE FRANCIS LAND HOUSE WHEREAS, the Franc~s Land House Board of Governors desires to appropriate $5,000 6 of available funds ~n the Board of Governors Trust Fund for complehon of restorabon projects ~n the Franc~s Land House d,n~ng room and for furn,ture for d~splay, WHEREAS, available funding ~n the Franc~s Land House Board of Governors Trust 9 Fund exceeds the requested appropnated amount, 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 3.3. VIRGINIA BEACH, VIRGINIA, that $5,000 be appropriated ~n the Franc~s Land House 3.2 Board of Governors Trust Fund for complebon of restorabon projects and for the purchase 3.3 of period furniture BE IT FURTHER ORDAINED that esbmated revenue from donabons ~n the Franc~s Land House Board of Governors Trust Fund be increased by $5,000 3.6 This ordinance shall be effecbve on the date of its adopbon Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the 3. 8 9~ of ~y ,1995 APPROVED AS TO CONTENT. Department of Management and Budget - 38 - III-J. 5. ORDINANCES ITEM # 39172 CONSENT AGENDA Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to renew the permit of Oceanfront Watersports, Inc. to conduct a personal watercraft rental operation at the Oceanfront for an additional term of.five months from May 1, 1995, to September 30, 1995, subject to the terms and conditions set .forth in the Permit Agreement dated May 29, 1992. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert Ii. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 AN ORDINANCE TO RENEW THE PERMIT OF OCEANFRONT WATERSPORTS, INC., TO CONDUCT A PERSONAL WATERCRAFT RENTAL OPERATION AT THE OCEANFRONT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 WHEREAS, in January of 1989, City Council adopted an ordinance authorizing the City Manager to grant permits/licenses and enter into agreements for the implementation of concepts in the Resort Area identified by city staff as providing additional revenues and being consistent with the City's goal of enhancing the festive atmosphere in the Resort Area; WHEREAS, pursuant to this authorization, City staff developed and advertised a Request for Proposals (RFP) for a permit to conduct a personal watercraft (i.e. jet ski) rental operation on the oceanfront at 31st Street; WHEREAS, as a result of the RFP process, a permit was granted to Oceanfront Watersports, Inc., and the City entered into a Permit Agreement (the "Agreement") with Oceanfront Watersports, dated May 29, 1992; WHEREAS, the initial term of the permit was for five (5) months from May 1, 1992, to September 30, 1992; WHEREAS, the Agreement provides that the permit may be renewed for four (4) additional five-month terms, subject to approval by City Council; WHEREAS, by ordinance adopted January 26, 1993, City Council renewed the permit of Oceanfront Watersports, Inc., for the period May 1, 1993, to September 30, 1993, subject to the terms and conditions set forth in the original Agreement; WHEREAS, by ordinance adopted March 8, 1994, City Council granted a second renewal of the permit for the term May 1, 1994 to September 30, 1994; WHEREAS, Oceanfront Watersports, Inc., has requested a third renewal of its permit for the period May 1, 1995, to September 30, 1995; and 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 WHEREAS, the Department of Convention and Visitor Development, which is responsible for oversight of the operation, has reported that Oceanfront Watersports, Inc., conducted a safe and successful operation during the 1994 summer season, and has recommended that the permit be renewed for an additional five-month term. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the permit of Oceanfront Watersports, Inc., to conduct a personal watercraft rental operation on the oceanfront at 31st Street is hereby renewed for an additional term of five (5) months from May 1, 1995, to September 30, 1995, subject to the terms and conditions set forth in the Permit Agreement dated May 29, 1992. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9~ day of ~v , 1995. 49 5O 51 52 CA-5922 ORDIN\NONCODE\OCEANFT. ORD R-1 PREPARED: 04/25/95 ventlon & V:sltor Development APPROVED AS~]~O LEGAL ,~rtment of Law - 39 - IiI- J. 6. ORDINANCES ITEM # 39173 CONSENT AGENDA Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $24,006 from the FY 1994-1995 Operating Budget Reserve for Contingencies to the General Registrar's Operating Budget re funding a June 13, 1995, Primary Election. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K, Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 III-J. 7. ORDINANCES ITEM # 39174 CONSENT AGENDA Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of the Ctty's right-of-way of Gammon Road to Anthony A. Shipley and Virginia Shipley re constructing and maintaining a fence and landscaping at the edge of Lot 10 in Westview Village, 6300 Eastport Road (KEMPSVILLE BOROUGH), subject to: The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintatn said encroachment so as not to become unsightly or a hazard. Type offence and landscaping shall be approved by Permits and Inspections/Zoning and General Services/Landscape Services and in accordance with current standards. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 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 42 43 44 45 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF GAMMON ROAD TO ANTHONY A. SHIPLEY AND VIRGINIA SHIPLEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Anthony A. Shipley and Virginia Shipley, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of Gammon Road. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a fence and landscaping and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Gammon Road, on the certain plat entitled: " PLAT SHOWING ENCROACHMENT OF 4' FENCE INTO GAMMON ROAD PROPERTY OF ANTHONY & VIRGINIA SHIPLEY 6300 EASTPORT ROAD LOT 10 WESTVIEW VILLAGE SCALE: 1"=30'," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Anthony A. and Virginia Shipley, their heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Gammon Road and that Mr. and Mrs. Shipley, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Mr. and Mrs. Shipley, their heirs, assigns and 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Mr. and Mrs. Shipley execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9~ day of ~¥ , 19 95 · 61 62 63 04/03/95 LDH/tga ·. \hayes\sh J pi ey. ord DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY THIS AGREEMENT, made this day of }~b%~ , 19 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and ANTHONY A. SHIPLEY and VIRGINIA N. SHIPLEY, husband and wife, ITS/HIS/THEIR/HER HEIRS, ASSIGNS AND SUCCESSORS IN TIT~m, party of the second part, GRANTEE. WITNE$SETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a fence in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such fence, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Gammon Road; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such fence within a portion of the City's right-of-way known as Gammon Road. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Gammon Road for the purpose of constructing and maintaining such fence. It is expressly understood and agreed that such 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 of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Gammon Road as shown on that certain plat entitled: "PLAT SHOWING ENCROACHMENT OF 4' FENCE INTO GAMMON ROAD PROPERTY OF ANTHONY & VIRGINIA SHIPLEY 6300 EASTPORT ROAD LOT 10 WESTVIEW VILLAGE SCALE: 1"=30'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Gammon Road by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such 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 party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a permit, the party of the second part must show proof of public liability insurance of a minimum of Five Hundred Thousand Dollars ($500,000.00). It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Anthony A. and Virginia N. Shipley, the said party of the second part has caused this Agreement to be executed by signature and seal duly affixed. 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. APP '.EGAL CITY OF VIRGINIA BEACH (SEAL) ATTEST: City Manager/Authorized Designee of the City Manager City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19__, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Do~o~H~ ~ ~o~T3 , a Notary Public in and for the City and State aforesaid, do hereby certify that ANTHONY A. SHIPLEY and VIRGINIA N. SHIPLEY, whose names are signed to the foregoing writing, bearing date the /~_ day of t~~3 , 19~, have acknowledged the ~ame before me in my City and State aforesaid. Given under my hand , My Commission Expires: this /~ day of LOCATION MAP op SITE Woodstoci Per~ VILLA SWIC LLA I UFTO# 3 THAMES CIR 4 SF. ATON OR MONS ,ekeL. SPRIN( YELLO% RANO, Greenbrier %* lell .AKES 2 QUAY STO .,k. AK ES SOU~ ANI - 41 - III- J. 8. ORDINANCES ITEM # 39175 Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council ADOPTED, subject to 10' easement for access to Chesapeake Beach within the street closure process: Ordinance appointing viewers in the petition of George Pitsilides, Trustee of the Pitsilides Land Trust for the closure of portions of Ocean Avenue and Kleen Street (LYNNIZ4VEN BOROUGH). The viewers are: Director of General Services Director of Planning Director of Public Works David G. Grochmal Robert J. Scott Ralph Smith Voting. 11-0 Council Members Voting Aye. John A. Baurn, Linwood 0 Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Vottng Nay: None Council Members Absent: None May 9, 1995 o~ the ~its~l~es ba . . .tsilides'~ ~as ~ ._ Cn e o~ ~rgin~, - City counC~ trust ~ P~ -.1-364 of the _d --5, aPply to t~e ~-ent w~th sectiOn 15 the 9th day o~ ~Y' ~9~n~a' ~o~ the aPP°inc~' A~enue that he wfll o~ ..~fnfa BeaCh, ~rg .~d portfonS o~ the city o~ ~Tl~,e~ein,~ter aesC~~o the CounC~ ~ewerS .~et and repOr~ . and ~ anY, .-ns o~ ocean the open,on °~~rom the d~scont~nuan w~th the ould result et ~ and ~ appl~cat~°n w - and Kleen sire. h~s f fled such Ayenu~ . ?itsfl~des ~0~,. . · o~nted to --et ~nd reP°~ ~PP -d Kleen str~ . their opinion, . - and A~enue an .--e, whether ~n - d~sc°nt~nu~n9 . -he C~tY of fncon~en~ence= naean A~enue and ~ _.~ oartfcularlY the port,on o~ ~- and m°~ ._ ~e~Ch, ~~ _ =nd ~lee~ ~ollOWS' ---in P°~%~a a~ea' ~L'a ~aca~ Of OCe~ as u~ ~lat et~_~_,t lexuS_ n~ach, ~ ~t he~=~ ' __~n ~O~L~,., for ~"_~ egre==- ,penO~. certain' not __~ deS~g _. Easem .~ of need o _~ Court easeme~'~__ ~cces~ __ the u~.~rtafn-~-~e cirCU~ ~ook pedeStr~m~anted ~u4n that U~erk ot ~ fn Deeu - -__~menU ~i ~rea ~__ ~f the - 9_0~ ~' ~ -- ~ =%O~e ~= The Ordinance closing the portions of Ocean Avenue and Kleen Street described above. ADOPTED by 9the City C~uncil of the City of Virginia Beach, Virginia, this day of may , 1995. ORDINANCE NO.~ IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS, KNOWN AS OCEAN AVENUE AND KLEEN STREET, LOCATED IN THE LYNNHAVENBOROUGH OFT HE CITY OF VIRGINIA BEACH, VIRGINIA, SHOWN AS THE HATCHED AREA, 0.531 ACRE, UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING PORTION OF OCEAN AVENUE & KLEENSTREET (EXTENDED) TO BE CLOSED AND VACATED LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA" DATED MARCH 29, 1995, ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, it appearing by affidavit that proper notice has been given by George Pitsilides, Trust of the Pitsilides Land trust, that he would apply to the Council of the City of Virginia Beach, Virginia, on May 9, 1995, to have the hereinafter portions of Ocean Avenue and Kleen Street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that such portion of the Ocean Avenue and Kleen Street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described portions of Ocean Avenue and Kleen Street be discontinued, closed, and vacated: ALL THAT portion of Ocean Avenue and Kleen Street located in the City of Virginia Beach, Virginia, shown as the hatched area, 0.531 Acre, on that certain plat (the "PlaT") entitled "Plat Showing Portion Of Ocean Avenue & Kleen Street (Extended) To Be Closed And Vacated Lynnhaven Borough - Virginia Beach, Virginia" dated March 29, 1995, attached hereto and made a part hereof. PROVIDED, HOWEVER, that the public shall have full right of passage, solely for the purposes of pedestrian (and not vehicular) ingress and egress over that certain easement designated on the Plat as "Denotes Area Of Pedestrian Access Easement" to and from that certain easement granted to the City of Virginia Beach for a Public Bath Area in that certain Deed of Easement recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2034, at page 638. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, as grantor. GPIN SECTION III ADOPTED by the City Council of the City of Virginia Beach, Virginia, this day of , 1995. LEGAL DESCRIPTION Begin at a point at the intersection of the eastern right-of-way line of Kleen Street and the northern right- of-way line of Page Avenue, from said point of beginning running along the northern right-of-way line of Page Avenue in a curve to the left having a radius of 1872.07 feet and an arc distance of 10.00 feet to a point; thence turning and running, leaving the right-of-way line of Page Avenue and following the property line of The Dunes Condominium, NOS°21'54"W, 175.00 feet to a point; thence turning and running along a curve to the left having a radius of 2047.07 feet and an arc distance of 52.21 feet to a point; thence turning and running NOT°24'20'W, 100.00 feet to a point; thence turning and running, leaving the property line of TheDunes Condominium, along a curve to the right having a radius of 2147.07 feet and an arc distance of 65.77 feet to a point; thence turning and running SO5~21'54"E, a distance of 14.51 feet to a point; thence turning and running N84"39'00"E, 149.83 feet to a point in the western property line of Lynnhaven Beach Condominium, thence turning and running along the western property line of Lynnhaven Beach Condominium, SO5"21'00"E, a distance of 100.00 feet to a point; thence turning and running S84"39'00'W, 149.81 feet to a point; thence turning and running SO5°21'54"E, a distance of 160.49 feet to a point, the Point of Beginning. PROVIDED, HOWEVER, that the public shall have full right of passage, solely for the purposes of pedestrian (and not vehicular) ingress and egress over that certain easement contiguous with and north and east of a line beginning at a point in the Northern right of way line of Page Avenue in a curve to the left having a radius of 1872.07 feet an arc distance of 10.00 feet from the intersection of the eastern right of way line of Kleen Street and the northern right of way line of Page Avenue; thence running, leaving the right-of-way line of Page Avenue and following the property line of The Dunes Condominium, NO5"21'54"W, 175.00 feet to a point; thence turning and running along a curve to the left having a radius of 2047.07 feet and an arc distance of 52.21 feet to a point; thence turning and running NOT"24'20"W, 254.00 feet to a point. Said easement is 5.00 feet in width except that portion conti~uous with the line bearing NO5"21'54"W, 175.00 feet which is 4.5 feet in width. REFERENCES: M.B. 5, P. 71 M.B. 7, P. 167 M.B. 41, P. 52 M.B. 109, P 28 D.B. 2162, P. 41 Now or formerly GEORGE PITSILIDES, TRUSTEE FOR THE PITSILIDES LAND TRUST D.B.2951, P. 1546 D.B. 2162, P 41 BA~ING BEACH ~.B. ~, P' 48 SEMENT GRANTED TO THE zl CI~ OF VIRGINIA BEACH, VA gp~OR A PU~UC ~EACH ~1~ ~EA AND ACCESS FOR ~J~'~ERGENCY ~HICLES (D.B ~1" 2021, P. 625)(~ B 2034, ~ P 638- CORR.)~ cONC: BULKHEAD CAPm .~1'mN84.30,00-E LINE ,PORTIOI~ OCEAN AVENUE TO BE/: /CLOSED AND ..< Z · i::u 0 T' · oc~ ~ 3> I o R = 2047.07' D = 01'27'41" A = 52 21' T = 26.11' C = 52 21' CB = S83'40'54"W AREA OF STREET TO BE CLOSED AND VACATED = 0.531 ACRE PAGE AVENUE (60' R/W) R : 1872 O7' D : 00'18'22" A : 10.00' T : 5.00' C : 10.00' CB = S84'32'40"W LEGEND DENOTES AREA TO BE ['////////'//'] CLOSED AND VACATED DENOTES AREA OF PEDESTRIAN ACCESS EASEMENT 49.81 S84"39'00"W !'0 I..., 0 (.n 0 0 vz 34' S84"39'OO"W o~ Now or formerly > r- ~ J GEORGE PITSIUDES, -~ o i~ ~o ~ TRUSTEE FOR THE o z PITSIUDES LAND TRUST ~Zom m DB.2951, P. 1546 om D.B. 2162, P. 41 Oz i-r1 0 SH08£ PLAT SHOWING S84'41 '51 "W Now or formerly SAMOS, ILO D.B.3445, P 1426 M.D. 5, P. 71 Now or formerly UI~ FL FARMS INC, D.B.2325, P. 2107 M.D. 181, P. 18 I ii i i i DRIVE u s ROUTE 60 (VARIABLE WIDTH R/W) PORTION OF OCEAN AVENUE & KLEEN STREET (EXTENDED) TO BE CLOSED AND VACATED LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1"=100' MARCH 29, 1995 ROUSE ~ SIRINE ASSOCIATES, LTD. SURVEYORS AND MAPPING CONSULTANTS ,333 OFFICE SQUARE LANE VIRGINIA BEACH, VIRGINIA 23462 100 50 0 100 200 NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 9th day of May, 1995, at 2:00 p.m., in the City Council Chambers, City Hall, Municipal Center, Virginia Beach, Virginia, 23456, the undersigned will petition the Council for the appointment of Viewers to view the hereinafter described portions of Ocean Avenue and Kleen Streets and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing, and discontinuance of such portions of Ocean Avenue and Kleen Street, Virginia Beach, Virginia, and described as follows: Begin at a point at the intersection of the eastern right-of-way line of Kleen Street and the northern right- of-way line of Page Avenue, from said point of beginning running along the northern right-of-way line of Page Avenue in a curve to the left having a radius of 1872.07 feet and an arc distance of 10.00 feet to a point; thence turning and running, leaving the right-of-way line of Page Avenue and following the property line of The Dunes Condominium, NO5°21'54"W, 175.00 feet to a point; thence turning and running along a curve to the left having a radius of 2047.07 feet and an arc distance of 52.21 feet to a point; thence turning and running NO7°24'20"W, 100.00 feet to a point; thence turning and running, leaving the property line of The Dunes Condominium, along a curve to the right having a radius of 2147.07 feet and an arc distance of 65.77 feet to a point; thence turning and running S05°21'54"E, a distance of 14.51 feet to a point; thence turning and running N84°39'00"E, 149.83 feet to a point in the western property line of Lynnhaven Beach Condominium, thence turning and running along the western property line of Lynnhaven Beach Condominium, S05°21'00"E, a distance of 100.00 feet to a point; thence turning and running S84°39'00"W, 149.81 feet to a point; thence turning and running S05°21'54"E, a distance of 160.49 feet to a point, the Point of Beginning. PROVIDED, HOWEVER, that the public shall have full right of passage, solely for the purposes of pedestrian (and not vehicular) ingress and egress over that certain easement contiguous with and north and east of a line beginning at a point in the Northern right of way line of Page Avenue in a curve to the left having a radius of 1872.07 feet an arc distance of 10.00 feet from the intersection of the eastern right of way line of Kleen Street and the northern right of way line of Page Avenue; thence running, leaving the right-of-way line of Page Avenue and following the property line of The Dunes Condominium, N05°21'54"W, 175.00 feet to a point; thence turning and running along a curve to the left having a radius of 2047.07 feet and an arc distance of 52.21 feet to a point; thence turning and running NO7°24'20"W, 254.00 feet to a point. Said easement is 5.00 feet in width except that portion contiguous with the line bearing NO5°21'54"W, 175.00 feet which is 4.5 feet in width. At that time, any affected person may appear and present his views. At the next regular meeting of the City Council after receipt of the report of the Viewers, or as soon thereafter as the matter may be placed on the Council agenda, the undersigned will Petition the City Council to vacate, close, and discontinue the above described portions of Ocean Avenue and Kleen Street. GEORGE PITSILIDES, TRUSTEE OF THE PITSILIDES LAND TRUST Charles M. Sall~ PEN-DER & COWARD 192 Ballard Court Virginia Beach, VA 23462 (804) 490-3000 By Of Counsel REFERENCES. M.B. 5, P. 71 M.B 7, P. 167 MB. 41, P. 52 MB 109, P. 28 D.B 2162, P. 41 Now or formerly GEORGE PITSlLIDES, TRUSTEE FOR THE PITSILIDES LAND TRUST 0B2951, P. 1546 D.B. 2162, P. 41 I i I ii I II I C ~ ~'~o~ "' ~ ~'~ OF ~ B. 111, P. 48 AEBL-1-A SEMENT GRANTED TO ~E Al CITY OF ~RGINIA BEACH, VA n ~FOR A PUBLIC BEACH BA~° GI~AREA AND ACCESS FOR ~ ~I~EMERGENCY ~HICLES (D.B ~ gl" 202~, P. 6~5) (~.a. 20~, '~ - COR..) cONC. LiNE I r- BULKHEAD ~: z CAP co I ~: O Z _, .wOT W o~ ~o ~ - ~ ' ' m ~Z N84'39'OO'E o m ~ > ~o ,PORTION OCEAN AVENUE TO BE/ /CLOSED AND VACATED AREA OF STREET TO BE CLOSED AND VACATED = 0.5.31 ACRE PAGE 49 R = 2047.07' S84'2 D = 01'27'41" co S84'39'00"W A = 5221' ~o i...,o ~ T = 26.11 M C = 52.21' 4~ '" ~o~ Now or . ,~~ormerl,, CB = S83'40'54"W .~ u~ < c) u~ 4 5'--~ ~ % >o r- ~ ~ ~ GEORGE PITSIUDES, mifi ~>~'~ ~ TRUSTEE FOR THE .~jj°~z° ' PITSILIDES LAND TRUST>zzo m . o~ om D B.2951, P. 1546 D B. 2162, P. 41 AVENUE (60' R/w) R = 1872.07' ' A = 10.00' T = 5.00' Z C = 10.00' CB = 584'32'40"W LEGEND ~ DENOTES AREA TO BE CLOSED AND VACATED ~-- L' -- --I'' .':m. I.'.~iI.'i~I ~'i ..... ~ DENOTES AREA OF PEDESTRIAN ACCESS EASEMENT 0 ;0 S84'41 '51 "W Now or formerly SAMOS, LLC D.B.3445, P. 1426 MB. 5, P. 71 Now or formerly LILLEL FARMS INC. D.B.2525, P. 2107 M.D. 181, P. 18 SHORE DRIVE u s ROUTE 60 (VARIABLE W1DTH R/W) PLAT SHOWING PORTION OF OCEAN AVENUE A KLEEN STREET (EXTENDED) TO BE CLOSED AND VACATED LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1"=100' MARCH 29, 1995 ROUSE ,,, SIRINE ASSOCIATES, LTD. SURVEYORS AND MAPPING CONSULTANTS 333 OFFICE SQUARE LANE VIRGINIA BEACH. VIRGINIA 23462 100 50 0 100 200 scole feet IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS, KNOWN AS OCEAN AVENUE AND KLEEN STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING PORTION OF OCEAN AVENUE & KLEEN STREET (EXTENDED) TO BE CLOSED AND VACATED LYNNHAVEN BOROUGH ' VIRGINIA BEACH, VIRGINIA" DATED MARCH 29, 1995, ATTACHED HERETO AND MADE PART HEREOF. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, George Pitsilides, Trustee of the Pitsilides Land trust, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of those certain streets, which are more specifically described as follows: ALL THAT portion of Ocean Avenue and Kleen Street shown as the hatched area, 0.531 Acre, designated as "Denotes Area To Be Closed And Vacated" on that certain plat entitled "Plat Showing Portion Of Ocean Avenue & Kleen Street (Extended) To Be Closed And Vacated Lynnhaven Borough - Virginia Beach, Virginia" dated March 29, 1995, attached hereto and made a part hereof. PROVIDED, HOWEVER, that the public shall have full right of passage, solely for the purposes of pedestrian (and not vehicular) ingress and egress over that certain easement designated on the Plat as "Denotes Area Of Pedestrian Access Easement" to and from that certain easement granted to the City of Virginia Beach for a Public Bath Area in that certain Deed of Easement recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2034, at page 638. 2. That no inconvenience will result to any person by reason of the closing, vacation and discontinuance of a portion of the streets; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view the portion of the platted streets proposed to be closed and to report in writing to the Council as soon as practicable as to whether, in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and the closing of the portion of the streets described herein above. 3. That on the 23rd day of April, 1995, and on the 30th day of April, 1995, notice of the presentation of this application was published in the Beacon section of the Virginian-Pilot & Ledger- Star, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the owner of the underlying fee simple interest in the land described in paragraph I of this Petition is your Petitioner, George Pitsilides, Trustee of the Pitsilides Land trust. Respectfully submitted, GEORGE PITSILIDES, TRUSTEE OF THE PITSILIDES LAND TRUST By Charles M. Sall~ Pender & Coward, P. C. 192 Ballard Court Of Counsel Virginia Beach, VA 23462-2483 REFERENCES: M.B. 5, P. 71 M.B. 7, P. 167 M.B. 41, P. 52 M.B. 109, P. 28 D.B. 2162, P. 41 ~il'~ AREA AND ACCESS FOR o ~.~'H:EMERGENCY VEHICLES (O.B. ~;- ~: C: ~1 2021, P. 625) (D.B. 2034, =~P z ~1 P' 638- CORR.)~ .X - · - o~ ~ .~.~9 ~ ~ ~0 ~ Z Now or formerly GEORGE PITSIUDES, TRUSTEE FOR THE PITSILIDES LAND TRUST DB.2951, P. 1546 D B. 2162, P. 41 ! _..2.33 :~'" ATHING BEACU _ ~ ~ BM.B. 111, P. 48 ~ EBL-1-A ~EASEMENT GRANTED TO THE w --I zl CITY OF VIRGINIA BEACH, VA. ce ~m °.9.,I.-. ~R A PUBUC BEACH BATH_. g Z -.( z . i~ O-r - .m ~: z N84'39'OO'E o m ~. > IO OCEAN AVENUE TO BE/ /'CLOSED AND VACATEO R = 2047.07' O = 01'27'41" A = 52.21' T = 26.11' C = 52.21' CB = S83'40'54"W AREA OF STREET TO BE CLOSED AND VACATED = 0 531 ACRE PAGE AVENUE (60' R/W) R = 1872.07' D = 00'18'22" A = 10.00' T = 5 00' C = 10.00' CB = S84'32'40"W LEGEND r///~,~.~ DENOTES AREA TO BE CLOSED AND VACATED DENOTES AREA OF PEDESTRIAN ACCESS EASEMENT ",4 U1 0 0 vz 49.81 S84'39'00"W ce S84'39'OO'W o ~ ~J o~ Now or formerly g~g g GEORGE PITSIUDES, ~ rn x o~ ~ TRUSTEE FOR THE ~ o FI z ' PITSILIDES LAND TRUST ~Z rq ZO [ o~O~ D.B.2951, P. 1546 D.B. 2162, P. 41 v~ S84'41'51"W Now or formerly SAMOS, LLC D.B.3445, P. 1426 Id.B. 5, P. 71 Now or formedy LILLEL FARMS INC. D.B.2325, P. 2107 M.B. 181, P. 18 "SHORE DRIVE U S ROUTE 60 (VARIABLE WIDTH R,/W) PLAT SHOWING PORTION OF OCEAN AVENUE & KLEEN STREET (EXTENDED) TO BE CLOSED AND VACATED LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1"=100' MARCH 29, 1995 ROUSE ,,,, SIRINE ASSOCIATES, LTD. SURVEYORS AND MAPPING CONSULTANTS .333 OFFICE SQUARE LANE VIRGINIA BEACH, VIRGINIA 23462 100 .50 0 100 200 ~-~-~t~ STATE OP VIRGINIA CITY OF VIRGINIA BEACH, tO-Wit: I, Charl.~.s M. SallY, attorney fo~ ,]eorge Pft~i].id,=.s, Trustee for the Pitsilides Land Tru:~t ("Pitsi2 ides"), being first duly sworn, deposes and states: 1. That I ~ an attorney at law ~{nd represent P:Ltsilides. 2. That on the 23rd da'; of ~pri]., 1995, and on the 30th day of April, 1995, notice of th~: presentation o~ the application to close a portion of those certain streets known as Ocean Avenue end Kleen Street on her'.ali of Pit.~ilides, w~ s published in the Beacon section of =he Virglnian-~iLot ~ Leda. for-Star, s newspaper of general circulation in the Cf~y of Virginia Beach, Vir~24inia. And furtker the deponent saith not. Subscrib%d and sworn to before~[t s 1 'f/~f May, 19B~ IJl - - .-'i- -': . ~..~c --~ Co~nissio~ H LI'EADDISON III CHARI,.EIM IALLl' DAVID L ARNOLD DANIEL M ICHIEILE SHARON E CONNAUGH·ON MARK E SLAUGHTER RANDOLPH C DuVALL* I.AWR(NCE H GI,.AN?rR OOuGL.AI J GLENN OAVIO ~ HORNE PHILIP J INFANTINO IURKi W MARGULI~I RICHARD H UATTHEWI ROIYN ~ NEAL MICHAEL E ORNOFF GLEN W ·HOMPSON LYNN K TIEDGIr JOHN A 'rlLHOU W ROIERTTURNER III JOSEPH · WALDO BONNIE M WHEELER GUION H WILLIS SARAH J ZECCA 'Al.lO iildl[ll OF NO4~TH CJJ~OLINA IlAR PENDER COWARD ATTORNEYS AND COUNSELLORS AT LAW fOURTH FLOOR GREENWICH CENTRE: 192 HALLARD COURT VIRGINIA BEACH, VIRGINIA 23462-6557 TELEPHONE (804) 490-3000 FACSIMILE (804) 49'7-1914 April 14, 1995 WILLIAM C PEND(R ( IS93 1979~ NELSONW COWARD1191~ IgeSl OF COUNSEL WILLIAM C STOTT JR 490-6279 CERTIFICATE OF VESTING OF TITLE I, Charles M. SallY, Attorney for the Petitioner, George Pitsilides, Trustee of the Pitsilides Land Trust ("Pitsilides"), do hereby certify that: 1. I am an attorney at law and represent Pitsilides. 2. If the portions of the Streets described as the hatched area on the attached plat are discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to the closed portion of the Streets will vest in George Pitsilides, Trustee of the Pitsilides Land Trust as the owner of the underling fee simple interest in the streets. CMS/sp Very truly yours, Charles M. Sall~ III-K. L RESOLUTIONS ITEM # 39176 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION. Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED: Resolution to request the Virginia Beach Development Authority enter into a development and other associated agreements with Cellar Door Productions of Virginia, Inc., re construction and lease of an Amphitheater adjacent to Princess Anne Park (PRINCESS ANNE BOROUGH). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 A RESOLUTION REQUESTING THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO ENTER INTO A DEVELOPMENT AGREEMENT AND ASSOCIATED AGREEMENTS FOR THE CONSTRUCTION AND LEASE OF AN AMPHITHEATER LOCATED ADJACENT TO PRINCESS ANNE PARK 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 WHEREAS, the design and construction of an 18,000 - 20,000 seat amphitheater has been established as a high City Council priority; and WHEREAS, the City of Virginia Beach Development Authority (Authority), at City Council's request, has developed a public/private partnership, through an RFP process, with Cellar Door Productions of Virginia, Inc. (Cellar Door); and WHEREAS, The city has recently acquired land adjacent to Princess Anne Park that is an appropriate location for an Amphitheater; and WHEREAS, the Council previously authorized the Authority to move forward with preliminary design work for the Amphitheater, at a cost not to exceed $600,000.00; and WHEREAS, the Council has reviewed and finds acceptable the terms of an agreement and associated documents for the construction and lease of an Amphitheater in the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) That the Authority is hereby authorized and requested to execute and enter into the Development Agreement and associated documents with Cellar Door Productions of Virginia, Inc. (or any other Cellar Door entity) in form and substance substantially as presented in the Development Agreement and exhibits thereto which are attached to this Resolution; and 2) That the Authority is hereby authorized and requested to execute and enter into all other agreements identified in the attached Development Agreement including, without limitation, the Escrow Agreement, Coordination Agreement and Lease 36 37 38 39 40 41 42 43 44 45 46 Agreement, in form and substance substantially as presented in the Development Agreement and exhibits thereto which are attached to this Resolution; and 3) That the City Manager is hereby authorized and directed to sign and execute on behalf of the City the Coordination Agreement between the City and the Authority in form and substance substantially as presented in the Coordination Agreement included as an Exhibit to the Development Agreement which is attached to this Resolution. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9~ day of ~¥ , 1994. 47 48 49 50 CA-5940 ORDIN\NONCODE\CA5940. RES R-1 PREPARED: 5 / 3 / 95 III- IC 2. a. RESOLUTIONS ITEM # 39177 Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution to AMEND and re-endorse to the Commonwealth Transportation Board proposed Transportation Enhancement projects; and, the City of Virginia Beach agrees to pay twenty percent (20%) of the total cost for planning, design and construction, including but not limited to acquisition of easements and rights-of-way and if the City of Virginia Beach subsequently elects to cancel any of the projects, they will reimburse VDOT for costs expended through the date VDOT is notified of such cancellation. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 ATTACHMENT 1 ! 2 3 4 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH TRANSPORTATION BOARD FOR THE ATTACHED LIST OF TRANSPORTATION ENHANCEMENT PROJECTS LOCATED IN THE CITY OF VIRGINIA BEACH WHEREAS, the Virginia Department of Transportation, along with the Virginia Department of Rail and Public Transportation and the Federal Highway Administration, has announced the availability of Transportation Enhancement Funds for qualified projects~ and WHEREAS, up to 14 million dollars may be available to Virginia localities for transportation enhancement projects during the 1994-95 fiscal year~ and WHEREAS, the City Council has been advised that projects funded by this program require a local match, either in-kind or cash, of twenty percent~ and WHEREAS, the City Council has been further a~vised and acknowledges that in the event the City elects to cancel a project funded by this program pri%r to its completion, the City-shall be required to reimburse the Virgin~.Department of Transportation for funds expended for such project; and WHEREAS, the Metropolitan Planning Organization has endorsed the City's proposed transportation enhancement projects; and WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, a resolution of endorsement must be received from the City Council before the Virginia Department of Transportation will program an enhancement project in the applicant's locality~ and WHEREAS, the City Council recognizes the importance of transportation enhancement projects as a way of integrating transportation into our community and natural environment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA= That the Council hereby endorses to the Commonwealth Transportation Board the attached list of proposed transportation enhancement projects subject to' following conditions: (1) prior 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 to its acceptance by the City of Virginia Beach, the Virginia Department of Transportation shall submit a comglete and accurate accounting of costs associated with any programmed or selected project including, but not limited to, costs of acquisition of easements and rights of way, and (2) any project programmed or selected by the Virginia Department of Transportation shall be subJsot to a publio hearing before the City Council prior to its approval and acoeptance by the City of Virginia Beach. BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby agrees to pay 20 percent of the total cost for planning, design and construction, including but not limited to acquisition of easements and rights of way for programmed or selected projects that have been approved and accepted by the City of Virginia Beach. BE IT FURTHER RESOLVED, in the event the City of Virginia Beach subsequently elects to cancel any previously approved and selected project, it hereby agrees to reimburse the Virginia Department of Transportation for the amount of the costs expended by the Department through the date the Department is notified of such cancellation based on the accounting costs submitted to the City of Virginia Beach by the Virginia Department of Transportation. Adopted by the Council of the City of Virginia Beach, Virginia, this 9th day of May .., 1994. 59 60 61 CA-5525 ORDIN \ NONCODE \ ENHANC · RES PRE 'AR -D= 0 /11/94 ATTACHMENT 2 RESOLUTION OF AMENDMENT AND RE-ENDORSEMENT TO THE COMMONWEALTH TRANSPORTATION BOARD FOR THE NAMED AND LISTED TRANSPORTATION ENHANCEMENT PROJECTS LOCATED IN THE CITY OF VIRGINIA BEACH 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 WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation program an enhancement project in the City of Virginia Beach; and WHEREAS, the previous resolutions adopted by the Council contain conditions directed to the Virginia Department of Transportation which are more appropriately the responsibility of the City of Virginia Beach; and WHEREAS, it is the intent of the Council to amend and replace those earlier resolutions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council, requests the Commonwealth Transportation Board to establish projects for the three transportation enhancement projects approved for funding by the Commonwealth Transportation Board: (1) Pungo - Park Connector Trail, approved in October 1993; (2) Cape Henry Lighthouse Restoration, approved in June 1994; and (3) Art Center/Oceanfront Connector Trail, also approved in June 1994. BE IT FURTHER RESOLVED, that the Council hereby re-endorses to the Commonwealth Transportation Board the attached, previously submitted, list of proposed transportation enhancement projects for consideration for enhancement funds in 1995. BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby agrees to pay 20 percent of the total cost for planning and design, right of way, and construction of this project, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted by the Council of the City of Virginia Beach, Virginia, this 9th day of May , 1995. APPROVED A.S TO.FORM, The enhancement catelory is a sulx:ntegnry of the Surface Transportation Program. Each sate must use 10~ of their STP fuods for transporution enhancement ac~v~ties. For purposes of ISTEA, enhancement scti~ties are defined as pedestrian or bicycle fatalities, scenic easements, historic sites, landscaping and beautification, rehabilitation of historic transportation facilities, preservation of abandoned railway corridors, removal of outdoor adverttsing* archaeological plaAnfng and research, and finally, mitigation of poilu-on due to highway runoff. As in the past, enhancement funds will be distributed on a competitive basis at the state, rather than MPO level. There are approximately $14 million tvai¼ble for enhancement projecU statewide. Punlo - Park Conneetor Trail, Phase 2 - Funds would be used for the planning, design and construction of a pedestrian/bicycle trail facility approximately 4 miles in length. The facility would be constructed from North Landing Road southward to Indian River Road. The trail would utilize the old railroad right-of-way and other city owned properties in the West Neck Creek corridor. This trail is the southern portion of the Pun~o - Park Connector Trail application which received Enhancement funding in 1993. 'l'nat original application had to be split into two phases because construction costs proved to be higher thnn expected The trail provides an aitermttive mode of travel through this corridor and connects the rural part of the city to the more suburban north. Shore Drive Trail/Northampton Trail - Funds would be used for the planning. design and construction of a pedestrhn/bicycle trail facility approximately 9 miles in length. The facility would be constructed from West Great Neck Road, along Cape Henry Drive, across the Leaner Bridge, along Shore Drive to Northampton Blvd., along Northampton Bird to Diamond Springs Road. Wherever possible, the trad Mil utiliz~ the ¥1rginia Power easement and old railroad right-of-way ex:sting In these areas. COST: SI,400,000 North l~nding '!'~il - Funding would be used to construct a 10 foot wide asphalt pedestrian/b,cycle ired along North Landing Road This trail segment would beg~n at a poma near the North Landing Road/Princess Anne Road intersection and end at the Virginia Beach/Chesapeake boundary (North Ltndinl River). Thts trail would link the proposed Pungo Connector Trail (which will run from Landstown Road to Indian River Road and which received approval for Enhancement Funds in 1993) to the City of Chesapeake, thereby enhancing intrareglonal transporter:on The City of Chesapeake is proposing extending this trail along Mount Pleasant Road to Blackwater Road. Pungn Ferry Road - North Landing River Preserve Public Aeeees Site - Funds would be used to provide for (1) the acquisition of a privately-owned 12.2 acre parcel located to the north of the old Pungo Ferry Road causeway at the river in Blackwater Borough for public aecess purposes; (2) construction of canoe put-in ramps, interpretive signege, parking areas for 30 vehicles, and a pier/marginal wharf facdlty for boarding and disembarking from canoes; (3) construction of an observation tower with interpretive signage relating to the hbtory of the mtracoastal waterway as a transportation artery, along with interpretive stgnage regarding the natural resources in the area; and (4) conducting a demonstration phragrmtes control and eradication project with public education and awareness interpretation at the public access site. Princess Anne ~ourthouse Restoration and Adaptive Reuse - Funds would be used for the planning, design, restoration and adaptive reuse of the 1820's Princess Anne County Courthouse. The restored building will be used as an Information center, rest stop and historical attraction to serve users of the Pungo-Park Connector Trail facility (approved for Enhancement Funds in 1993) and the proposed North Landing Trail Funds would be used to Install interactive v~tor information displays about regional bikeway systems and to install historical exhibfls on the use and evolution of local Courthouses and the transportation methods and routes used to Set to the Court in the 19th and 20th centuries. COST: $1,000,{11) Norfolk Southern Railroad Trail - Funds would be used for the planning* design, and construction of a 10 foot wide asphalt bicycle trad. The trail would be approximately 13 miles in length it would be constructed within a Norfolk Southern Railroad right-of-way that traverses the entire east-west width of the city (an easement agreement would need to be negotiated). This trail provides wtal east-west connectivity for existing noah-south trails on Witchduck Rd, Little Neck Rd, Great Neck Rd, and Occana Bird and for proposed north-south trails on London Bridge Rd, and Birdneck Rd. Ferry Plantation Ibstorntlom. This project is for the restoration of this hi~oric house to comply with city housing codes and preserve it as an historic structure. The Ferry Plantation area was once an ante[rat pan of the colonial transportation system when a ferry operated to carry people and foods across the western brunch of the Lynnhaven River. The area has seen activity relating to recorded ldstory since the 1700s. Several buildings have occupied the site, inciudin[ a brick courthouse. The renmining structure, known as the Ferry Plantation, wu constructed during the early 1800s. The restoration is needed to realize the main objectives of the project: 1) restore the house to period sianda~s and 2) preserve ~d use the house as a ree~ museum accessible to the public. The purpose of the museum would be to feature the contributions of environmental, transportation and historical themes to the local, teltonal and statewide area. One of the main features would present the impuctant function of the Lynnhaven River as a transportation system. The Feny Plantation would have been the destination for commercial, lepl and social life of this area as feny packets traveled the Lynnhaven wa~ in the 17th, 18th, and 19th centuries, bringing p~3ensers, marl and cargo to its dock. ,6, partnership between historical and environmental ~x)ups would be formed to enable the museum to display artifa&-ts (espedaily tbo~ recovered oa site and now in storage in Colonial COST~ S165,000 to install a heath~ and coolinS system, plumbing* electrical work, and repak and restore abe Ferry Plantation to the 1800s period. Shore Dflve Billboard Remoul . This project b for the purchase and demolition of an exisdnf steel structure billboard located on the south side of Shore Drive (Rt. 60), just east of Vbta Circle Part of this project would include the execution of an agreement prohibiting outdoor adveflising on this property. This location is near the convergence of the Lynnhaven River and the Chesapeake Bay, one of the more scenic locations in the city Shore Drive is a principal tourist gateway to the city Removal of this signage would enhance the aesthedcs of the Shore Drive corridor. COST: $ i,500,000 ATTACHMENT 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 34 35 RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH TRANSPORTATION BOARD FOR THE ATTACHED LIST OF TRANSPORTATION ENHANCEMENT PROJECTS LOCATED IN THE CITY OF VIRGINIA BEACH WHEREAS, the Virginia Department of Transportation, along with the Virginia Department of Rail and Public Transportation and the Federal Highway Administration, has announced the availability of Transportation Enhancement Funds for qualified projects; and WHEREAS, up to 14 million dollars may be available to Virginia localities for transportation enhancement projects during the 1994-95 fiscal year; and WHEREAS, the City Council has been advised that projects funded by this program require a local match, either in-kind or cash, of twenty percent; and WHEREAS, the City Council has been further a~vised and acknowledges that in the event the City elects to cancel a project funded by this program pri%r to its completion, the City-shall be required to reimburse the Virgin~.Department of Transportation for funds expended for such project; and WHEREAS, the Metropolitan Planning Organization has endorsed the City's proposed transportation enhancement projects; and WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, a resolution of endorsement must be received from the City Council before the Virginia Department of Transportation will program an enhancement project in the applicant's locality; and WHEREAS, the City Council recognizes the importance of transportation enhancement projects as a way of integrating transportation into our community and natural environment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA= That the Council hereby endorses to the Commonwealth Transportation Board the attached list of proposed transportation enhancement projects subject to following conditions: (1) prior 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 to its acceptance by the City of Virginia Beach, the Virginia Department of Transportation shall submit a complete and accurate accounting of costs associated with any programmed or selected project including, but not limited to, costs of acquisition of easements and rights of way, and (2) any project programmed or selected by the Virginia Department of Transportation shall be subject to a public hearing before the City Council prior to its approval and acceptance by the City of Virginia Beach. BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby agrees to pay 20 percent of the total cost for planning, design and construction, including but not limited to acquisition of easements and rights of way for programmed or selected projects that have been approved and accepted by the City of Virginia Beach. BE IT FURTHER RESOLVED, in the event the City of Virginia Beach subsequently elects to cancel any previously approved and selected project, it hereby agrees to reimburse the Virginia Department of Transportation for the amount of the costs expended by the Department through the date the Department is notified of such cancellation based on the acqounting costs submitted to the · City of Virginia Beach by the Virginia Department of Transportation. Adopted by the Council of the City of Virginia Beach, Virginia, this 9th day of. May , 1994. 59 60 61 CA-5525 ORDIN \ NONCODE\ ENHANC. RES PREPARED: 03/11/94 III-K. 2. b. 1. RESOLUTIONS ITEM # 39178 Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution re Virginia Department of Transportation (VDOT): Program for urban system highway projects; and, that the City pay its share of the total costs: Improvement of Elbow Road Extended (CIP #2-152) from Indian River Road to Princess Anne Road, a distance of approximately 2.6 miles. Voting. 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndo~ Nancy IC Parker and Loutsa M. Strayhorn Council Members Voting Nay: None Council Member Abstaining: Louis R. Jones Council Members Absent: Vice Mayor William D. Sessorns, Jr. Councilman Jones ABSTAINED as he owns property on which the road in question. May 9, 1995 PROJECT PROGRAMMING RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by City Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE, BE IT RESOLVED, that the City Council of Virginia Beach, Virginia requests the Virginia Department of Transportation to establish a project for the improvement of Elbow Road from Indian River Road to Princess Anne Road, a distance of approximately 2.6 miles. BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 9 day of May 19 95 , City of Virginia Beach, Virginia. ATTEST nfe 4/17/95 oEP; P, TN~=NT APPROVED AS TO LEGAL cnY ATTOI~tZY ANNE ROAD PRINCESS ANNE PARK INDIAN RIVER ROAD ELBOW ROAD EXTENDED C.I.P. 2-152 SCALE: 1' -- 1600' PREPARED BY P/W ENG. DRAFT. 04'24~95 III-I~ 2. b. 2/3/4 RESOLUTIONS ITEM # 39179 Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution re Virginia Department of Transportation (VDOT): Program .for urban system highway projects; and, that the City pay its share of the total costs: Improvement of Centerville Turnpike Phase lB (CIP #2-111) from Indian River Road to Kempsville Road, a distance of approximately 2.0 miles. Improvement of Holland Road Phase VI (CIP #2-158) from Landstown Road to Ferrell Parkway, a distance of approximately 2.6 miles. Improvement of Indian River Road Phase VII (CIP #2-256) from Lynnhaven Parkway to Elbow Road, a distance of approximately 2.2 miles. Voting. 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. May 9, 1995 PROJECT PROGRAMMING RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by city Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE, BE IT RESOLVED, that the City Council of Virginia Beach, Virginia requests the Virginia Department of Transportation to establish a project for the improvement of Indian River Road from Lynnhaven Parkway to Elbow Road, a distance of approximately 2.2 miles. BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 1995 Adopted this 9 day of May ~, city of Virginia Beach, Virginia. By '~/City M~a n a~ ATTEST nfe 4/17/95 STUMPY LA~d~ INDIAN RIVER PHASE Vii ROAD C.I.P. 2-256 SCALE: 1" -- 1600' PREPARED BY P/W ENG. DRAF-I'. 04/24~95 PROJECT PROGRAMMING RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by City Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE, BE IT RESOLVED, that the City Council of Virginia Beach, Virginia requests the Virginia Department of Transportation to establish a project for the improvement of Centerville Turnpike from Indian River Road to Kempsville Road, a distance of approximately 2.0 miles. BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 9 day of May 19 9_~5, City of Virginia Beach, Virginia. ATTEST ity M~nage~U - ~ Cl~k of Cou~ci~ nfe 4/17/95 o,,, Cu~..p' / DL~- .' ' CITY ATTOPJ',tLR' REGENT UNIVERSITY CBN LAKE JAMES .) TALLWOOD HIGH SCHOOL CENTERVlLLE TURNPIKE PHASE lB C.i.P. 2-111 SCALE: 1' -- 1600' PREPARED BY P/W ENG. DRAFT. 04/17~5 PROJECT PROGRAMMING RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by City Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE, BE IT RESOLVED, that the City Council of Virginia Beach, Virginia requests the Virginia Department of Transportation to establish a project for the improvement of Holland Road from Landstown Road to Ferrell Parkway, a distance of approximately 2.6 miles. BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 9 day of May 19 95 City of Virginia Beach, Virginia ATTEST Clerk of Council nfe 4/17/95 HOLLAND ROAD PHASE Vi C.I.P. 2-158 SCALE: 1" -- 1600' PREPARED BY P/W ENG. DRAFT. 04/18/95 III-K. 2. b. 5. RESOLUTIONS ITEM # 39180 Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution re Virginia Department of Transportation (VDOT): Program for urban system highway projects; and, that the City pay its share of the total costs: Possible improvements of the Princess Anne Road/ Kempsville Road Intersection (CIP #2-267). Voting: 9-1 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K~ Parker and Louisa M. Strayhorn Council Members Voting Nay: Mayor Meyera E. Oberndorf Council Members Absent: Vice Mayor William D. Sessoms, Jr. May 9, 1995 PRO~ECT PRO~~IN~ RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by City Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE, BE IT RESOLVED, that the City Council of Virginia Beach, Virginia requests the Virginia Department of Transportation to establish a project to identify possible intersection improvements of the Princess Anne Road and Kempsville Road intersection. BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 19 Adopted this 9 day of May 95 ~, City of Virginia Beach, Virginia. By /City Manager ATTEST nfe 4/17/95 APPROVED AS TO LEGAL KEMPSViLLE PRINCESS ANNE ROAD / ROAD INTERSECTION C.I.P. 2-267 STUDY SCALE: 1' -- 1600' PREPARED BY P/W ENG. DRAFT. 0447/95 - 47 - RESOLUTIONS ITEM # 39181 Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council ADOPTED: Resolution to authorize and direct the City Manager to execute, on behalf of the City, a contract with Virginia Electric and Power Company re purchase of electric services. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY A CONTRACT WITH VIRGINIA ELECTRIC AND POWER COMPANY FOR THE PURCHASE OF ELECTRIC SERVICES WHEREAS, the contract pursuant to which the City purchases electric service from Virginia Electric and Power Company (hereinafter referred to as VEPCO) has expired; and WHEREAS, the City, through its representation on a Steering Committee composed of members of the Virginia Municipal League (VML) and Virginia Association of Counties (VACO), has been engaged in negotiating a new contract with VEPCO; and WHEREAS, the Steering Committee has recommended approval of a new contract between VEPCO and the individual localities comprising VML and VACO; and WHEREAS, the proposed contract sets forth rates, terms, and conditions of electric service which are fair and equitable, such that it is in the best interests of the citizens of the City to enter into such contract; and WHEREAS, the City Council hereby finds that competitive bidding or negotiation is not required for the procurement of the services contemplated by the contract, inasmuch as VEPCO is the sole electric utility having a certificate of convenience and necessity to provide such services within the City of Virginia Beach, as required by the Code of Virginia; and WHEREAS, a complete copy of such contract, including terms, conditions and rate schedules, is on file at the Office of the City Attorney, and is available for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and hereby is, authorized and directed to execute, on behalf of the City, the document entitled "AGREEMENT FOR THE PURCHASE OF ELECTRIC SERVICE BY MUNICIPALITIES 33 34 AND COUNTIES OF THE COMMONWEALTH OF VIRGINIA FROM VIRGINIA ELECTRIC AND POWER COMPANY," dated March 10, 1995. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9~ day of ~¥ , 1995. 37 38 39 CA-95-5919 R-1 /wmordres / vepco, res APB V ASTO 0 N1'5 DEPARTMENT APPROVED AS TO LEGAL S FFI I NCYA FO , CITY ATTORNEY Item III-L. PUBLIC HEARING ITEM # 39182 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 2. ROCK CHURCH MINISTRIES RECONSIDERATION TO CONDITION NO. 5. 5/9/95 3. ST. JOHN'S BAPTIST CHURCH CONDITIONAL USE PERMIT 4. GERALDINE O. MOLLO Y CONDITIONAL USE PERMIT 5. STAR OF THE SEA CATHOLIC CHURCH CONDITIONAL USE PERMIT 6. SPRINT CELLULAR CONDITIONAL USE PERMIT 7. EDWARD D. JONES & COMPANY CONDITIONAL USE PERMIT 8. KOKOAMOS LLC CONDITIONAL USE PERMIT 9. BILLY AND CAROL YN WEEMS CONDITIONAL USE PERMIT May 9, 1995 Item III-L. 2, PUBLIC HEARING ITEM # 39183 PLANNING Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council REVISED CONDITION NUMBER FIVE~Home for aged not applicable at this time: On the December 15, 1992 Approved Application of ROCK CHURCH MINISTRIES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROCK CHURCH MINISTRIES FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND A 50- UNIT HOME FOR THE AGED R012921795 Ordinance upon application of Rock Church Ministries for a Conditional Use Permit for a church and a 50-unit home for the aged on the northeast corner of Kempsville Road and Manor Drive. Said parcel is located at 620 Kempsville Road and contains 7.546 acres. KEMPSVILLE BOROUGH. Condition #5 be amended to read as follows: Rock Church will dedicate the right-of-way for the turn lane at this time. There will be no requirement to install the turn lane at this time. In eighteen (18) months, allowing for construction and some operation of the new church facilities, the situation will be re-evaluated and, if no significant worsening of peak hour conditions due to the church is found, then the construction requirement will be waived at that time. If some worsening of conditions ts found such that a turn lane is needed, then the church and City will at that time participate in its construction. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 - 50 - Item III-L. 3. PUBLIC HEARING ITEM # 39184 PLANNING Mike Ashe, 100 Landmark Square, Phone; 340-0322, represented the applicant Upon motion by Councilman Dean, seconded by Council l_xtdy Strayhorn, City Council ADOPTED an Ordinance upon application of ST. JOHN'S BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ST. JOHN'S BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R05951955 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of St. John's Baptist Church for a Conditional Use Permit for a church (expansion) on the east side of Holland Road, 50 feet more or less north of Princess Anne Road. Said parcel is located at 2356 Holland Road and contains 5.02 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: The church will adhere to the submitted plans and renderings entitled "Saint Johns Baptist Church" by Walsh/Ashe Associates, Inc., Architects, 6/8/94, 7/12/94, 7/21/93 and 7/26/94. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of May, Nineteen Hundred and Ninety-Five. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober and Vice Mayor William D. Sessoms, Jr. May 9, 1995 - 51 - Item III-L. 4. PUBLIC HEARING ITEM # 39185 PLANNING Robert L. Riddle, 1736 South Park Court, Phone: 523-1900, represented the applicant Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of GERALDINE O. MOLLO Y for a Conditional use Permit: ORDINANCE UPON APPLICATION OF GERALDINE O. MOLLOY FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT R05951956 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Geraldine O. Molloy for a Conditional Use permit for an automobile repair establishment at the southwest intersection of South Military Highway and Providence Road. Said parcel is located at 1001 South Military Highway and contains 1.028 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: A ten foot landscape buffer shall be installed along Military Highway and Providence Road on the newly developed portion of the site only. The landscape buffer will adhere to the "Street Frontage Landscaping Guidelines" of the Parla'ng Lot Landscaping Ordinance. Site improvements shall be in accordance with the submitted plan entitled "Site improvements for 1001 S. Military Highway, Virginia Beach, Virginia" dated January 1995. 3. All auto repair work must be conducted inside the building and no outside storage of parts or equipment is permitted. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of May, Nineteen Hundred and Ninety-Five. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 - 52 - Item III-L.5. PUBLIC HEARING ITEM # 39186 PLANNING Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of STAR OF THE SEA CATHOLIC CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF STAR OF THE SEA CATHOLIC CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH/SCHOOL EXPANSION R05951957 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Star of The Sea Catholic Church for a Conditional use Permit for a church/school expansion at the northwest corner of Pacific Avenue and 15th Street. Said parcel is located at 308 15th Street and contains 30,000 square feet. VIRGINIA BEACH BOROUGH. The Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Councd of the City of Virginia Beach, Virginia, on the Ninth of May, Nineteen Hundred and Nine~. -Five. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 Item III-L. 6. PUBLIC HEARING ITEM # 39187 PLANNING The following registered to speak in SUPPORT of the application, but WAIVED their right to speak: Bill Brown Dick Gibson Upon motion by Councilman Harrison, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of SPRINT CELLULAR for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SPRINT CELLULAR FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER AND SERVICE BUILDING R05951958 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sprint Cellular for a Conditional Use Permit for a communications tower and service building on certain proeprty located on the south side of the Norfolk and Southern Railway right-of-way, east of Plaza Trail. Said parcel contains 26,658. 72 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 2. The requested tower/antennas shall be developed in substantial conformance with the submitted site plan entitled "Site Development Plan for Sprint Cellular, Inc. ", dated February 20, 1994 presented to the Planning Commission and City Council and on file in the Department of Planning. The applicant shall work with other tower users to accommodate additional joint use. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of May, Nineteen Hundred and Nine~_ -Five. May 9, 1995 - 54 - Item III-L. 6. PUBLIC HEARING ITEM # 39187 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Counctl Members Absent: None May 9, 1995 Item III-L. Z PUBLIC HEARING ITEM # 39188 PLANNING Larry Logernann, 101 Malibu Drive, Phone: 463-3553, represented the applicant Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of EDWARD D. JONES & COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EDWARD D. JONES & COMPANY FOR A CONDITIONAL USE PERMIT R05951959 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, ~RGINIA Ordinance upon application of Edward D. Jones & Company for a Conditional Use Permit for a satellite antenna on the southwest side of George Mason Drive, northwest of North Landing Road. Said parcel is located at 2425 George Mason Drive and contains 9.591 acres. PRINCESS ANNE BOROUGH The following condition shall be required: The requested dish/antenna shall be developed in substantial conformance with the submitted site plan, dated February 24, 1994, presented to the Planning Commission and City Council and on file in the Department of Planning. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of May, Nineteen Hundred and Ninety-Five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None May 9, 1995 - 56 - Item III-L. 8. PUBLIC HEARING ITEM # 39189 PLANNING The following registered to speak in SUPPORT: Barry Davis, 2100 Marina Shores Drive, phone: 496-7000, represented the applicant Gale Levine, 2100 Marina Shore Drive, Phone: 496-7000 Upon motion by Councilman Harrison, seconded by Vice Mayor Sessotns, City Council ADOPTED an Ordinance upon application of KOKOAMOS LLC for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KOKOAMOS LLC FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (VOLLEYBALL) R05951960 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application KOKOAMOS LLC for a Conditional Use Permit for a recreational facility of an outdoor nature (volleyball) on certain property located at the southern extremity of Marina Shores Drive. Said parcel is located at 2100 Marina Shores Drive and contains 37,461.6 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required. 1 This permit is approved for two years. 2. No public address system shall be permitted. 3. Use of the volleyball courts is restricted to daylight hours. 4. Supervision of the courts is to be provided. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of May, Nineteen Hundred and Nine~_ -Five. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis IL Jones, Mayor Meyera E. Oberndorf,, Nancy K~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 - 57 - Item III-L. 9. PUBLIC HEARING ITEM# 39190 PLANNING The following registered in SUPPORT of the application: Carolyn Weems, 4621 Miles Standish Road, Phone: 464-6674 Billy Weems, 4621 Miles Standish Road, Phone: 464-6674 Hugo Schluter, 4617 Miles Standish, Phone: 460-0847 Fran Berry Malabad, 1049 Miles Standish Road, Phone: 464-6081 Joan Bisese, 4608 BromfieM Avenue, Phone: 460-0200 Brian S. Prince, 4636 Miles Standish Road, Phone: 464-0099 The following registered in OPPOSITION: Myron Gregory Hatch, Jr. 4612 Bromfield Avenue, Phone: 464-0098. Petitions in OPPOSITION are hereby made a part of the record. Alvin Young, 4616 Bromfield Avenue, Phone: 460-9208 Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of BILLY & CAROL YN WEEMS for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF BILLY & CAROLYN WEEMS FOR A CONDITIONAL USE PERMIT FOR A RECRFATIONAL FACILITY OF AN OUTDOOR NATURE (BATTING CAGE) R05951961 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Billy and Carolyn Weems for a Conditional Use permit for a recreational facility of an outdoor nature (batting cage) on the west side of Miles Standish Road, 433.23 feet north of Paul Revere Road. Said parcel ts located at 4621 Miles Standish Road and contains 14,500 square feet BAYSIDE BOROUGH. The Ordinance shall be effective in accordance with Section 107 69 of the Zomng Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of May, Nineteen Hundred and Ninety-Five. May 9, 1995 Item III-L. 9. PUBLIC HEARING ITEM # 39190 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None May 9, 1995 Item III-M. APPOINTMENTS ITEM # 39191 BY CONSENSUS, City Council RESCHEDULED the following appointments: ARTS AND HUMANITIES COMMISSION COIG - ~VIEW AND ALLOCATION COMMITTEE EROSION COMMISSION RA,4C - ~SORT AREA ADVISORY COMMISSION May 9, 1995 Item III-N. 1 UNFINISHED BUSINESS ITEM # 39192 ADD-ON Councilman Baurn referenced the clearing occurring opposite Courthouse Estates. He believed wetlands were involved. Councilman Baum requested an explanation as wetlands prevented development, just down the road, of what was known as Princess Anne Commons. The City Manager advised he believed a 155-unit subdivision was being constructed there, but would advise. ITEM # 39193 Councilman Baum reminded Members of City Council of the livestock auction Saturday, May 12, 1995, 12:30 PM., Princess Anne Park. May 9, 1995 - 61 - Item III-0.1. NEW BUSINESS ITEM # 39194 ADD -ON The City Manager introduced Donald L. Maxwell, the new Director of Economic Development. Mr. Maxwell began employment on Monday, May 8, 1995. Mr. Maxwell, 47, will oversee the Department's $1.2-MILLION Operating Budget to facilitate new business investment and encourage retention and expansion of businesses in Virginia Beach. Mr. Maxwell has served as Director of the Department of Development for the City of Hampton, Virginia, and Chief Executive Officer for Hampton's Industrial Development Authority since 1979. Prior to that time, he served as Chief Planner for the City of Hampton for four years, and in the Air Force for four years. Mr. Maxwell holds a master's degree in Urban and Regional Planning from Virginia Polytechnic Institute and State University and a bachelor of science degree in architecture from Ohio State University. He earned a certificate of advanced program studies from Yale University's School of Organization and Management. During his tenure with the City of Hampton, Mr. Maxwell directed property acquisitions and development of the Hampton Roads Center, a 300--acre high-tech research and office complex. He also purchased the site and participated in the development of the $28-MILLION Virginia Air and Space Center, which won a national design award, he negotiated a $35-MILLION contract to attract the North ~'nerican headquarters of Lucas Industries, an English electronic firm which relocated from Stamford, Connecticut. May 9, 1995 Item III-O.Z NEW BUSINESS ITEM # 39195 ADD -ON BY CONSENSUS, City Council CANCELLED the City Council Workshop of May 16, 1995. May 9, 1995 - 63 - Item 111-0.3. NEW BUSINESS ITEM # 39196 ADD-ON Councilman Dean referenced correspondence to the City Manager concerning dredging of Lake Holly. Councilman Dean advised said correspondence referred to raw sewerage in Lake Holly, which the Virginia Beach Health Department declared a health hazard. Councilman Dean questioned whether Lake Holly had been condemned and the City Manager will advise the status. May 9, 1995 - 64 - ITEM # 39197 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: (4:35 P.M.) PERSONNEL MATTERS: Discussion or 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 2.1-344 (,4) (1). To Wit: Appointments: Boards and Commissions: Arts and Humanities Commission COIG -Review and Allocation Erosion Commission RAAC - Resort Area Advisory Commission Minority Advisory Council VML Appointments PUBLICLY-HELD PROPERTY. Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wit. Acquisition/Disposition of Property - Social Services Project LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable htigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Johnny Lee Whitley v. Wynell A. Whitehurst and City of Virginia Beach Linda Chapman, Administratrix, etc v. City of Virginia Beach Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting. 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent. William W. Harrison, Jr. May 9, 1995 ITEM#S9198 Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 9, 1995, at 6:25 P.M. Council Members Present: John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor Wilham D. Sessorns, Jr. and Louisa M. Strayhorn Council Members ,4bsent: None May 9, 1995 ITEM # 39199 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr. HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay None Council Members Absent: None May ~ 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 39197 Page No. 64, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R~h Hodges Sn~h, ~2MC/AAE City Clerk May 9, 1995 - 67 - Item III-0.4. NEW BUSINESS ITEM # 3920O BY CONSENSUS, City Council RESCHEDULED to the City Council Session of May 13, 1995: City Council appointments to Virginia Municipal League (VML) Policy Committees for 1995. May 9, 1995 - 68 - Item V-N. ADJOURNMENT ITEM # 39201 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:30 P.M.. Beverl~ O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia May 9, 1995