MAY 11, 1999 MINUTESCityof Virginia eaca
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
~44 YOR MEYERA F OBERNDORF At Large
VI( I._ ~I4YOR WILLIAM D SESSOMS JR At Large
LINWOOD 0 BRANCH III Dtstru t 6 Bemh
MARGARET L EURE Dtstrt~t I Center~tlh'
WILLIAM W HARRISON JR Dtstrtt t 5 I ynnha~en
HAROLD HEISCHOBER At Large
B4RBARA M llE~ILEY Dtstrt(t 7 Princess Anne
LOUIS R JONES Dtstrtct 4 Bavstde
REBA S McCLANAN Dt$lrttl 3 Rtt~e llall
NANCY K PARKFR At Large
A ~4 (DONJ WFEKS Dtstrtct 2 Kempsvdle
JAMES K SPORE Ctty Manager
LE3LIE L LILLEY (tty Attorney
RUTtt HODGES SMITH C~4CIAAE Cay Clerk
CITY COUNCIL AGENDA
o~ OUR N~,'~O~
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 23456 9005
PllONE (757) 427 410t
FAX (757) 426 5669
LMAIL CTYCNCI~CITY VIRGINIA BEACII VA
11 May 1999
I. REVIEW OF AGENDA ITEMS
- Conference Room -
12:30 PM
Il. CITY COUNCIL COMMENTS
III. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION
- Council Chamber-
2:00 PM
A,
CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
C,
The Reverend Richard Mooney
Church of the Holy Family
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
1. INFORMAL & FORMAL SESSIONS
04 May 1999
G. AGENDA FOR FORMAL SESSION
The Consent Agenda wtll be determined durtng the Agenda Review Session and constdered in the
or&nary course of bustness by City Counctl to be enacted by one motion.
H. PUBLIC HEARING
FEE INCREASES - Proposed
Subdivision Plat and Site Plan Reviews
I. ORDINANCES
,
RESOURCE MANAGEMENT PLAN - Community For a Lifetime
(as proposed)
a. FY 1999-2000 OPERATING BUDGET APPROPRIATIONS
(1)
Ordinance to establish Appropriations for FY 1999-2000 in the sum of
$1,067,103,358 for Operations; $372,693,456 lnterfund Transfers; and,
regulating the payments of same, As Amended.
(2)
Ordinance to establish the Tax Levy on Real Estate, for Fiscal Year 2000,
at One Dollar and Twenty-two Cents ($1.22) on each One Hundred Dollars
of assessed valuation.
(3)
Ordinance to establish the Tax Levy on Personal Property, for the
Calendar Year 2000, at Three Dollars and Seventy Cents ($3.70) on each
One Hundred Dollars of assessed valuation; and, on Machinery and Tools
at One Dollar ($1.00) on each One Hundred Dollars of assessed valuation.
(4)
Ordinance to authorize the City Manager to submit an Annual Funding Plan
to the United States Department of Housing and Urban Development (HUD).
(5)
Ordinance to AMEND Sections 35-254 and 35-264 of the City Code re the
E-911 Tax by ehminating a sunset provision that would have reduced the tax
as well as language specifically allocating E-911 tax revenues.
(6)
Ordinance to AMEND Sections 8-31, 8-32, 8-33, 8-34 and 8-56 of the City
Code re increasing Permit and Inspection fees for buildings, other structures
and plumbing, electrical and mechanical work.
(7)
Ordinance to extend the Gainsharing Program for eligible City employees
through 31 December 2000.
(8) Ordinances to AMEND the City Code:
(i)
Sections 2-267 and 2-442 by transferring responsibility for Parking
Systems Management from the Department of Public Works to the
Department of Convention and Visitor Development
0i)
Sections 35-64 and 35-67 re exemption or deferral of Real Estate
Taxes for elderly or disabled persons by increasing income and net
worth limits.
i
(iii)
Sections 5-11.1, 5-17 and 5-70 re fees for animal boarding and
impoundment.
(iv) Section 2-83 re recognition of holidays falling on a weekend.
(9) Ordinances to AMEND and REORDAIN the City Code re Development:
(i) Subdivision Regulations, Section 8.1 re Subdivision Plat Review
(ii) Site Plan Ordinance, Section 3.2 A.2 re Site Plan Review
b. FY 1999-2000/FY 2004-2005 CAPITAL IMPROVEMENT PLAN
(1)
Ordinance to authorize the issuance of General Obligation Bonds in the
max]mum amount of $56,700,000 re various public facilities and general
improvements.
(2)
Ordinance to authorize the issuance of Water and Sewer System Revenue
Bonds in the maximum amount of $9,513,500 re improvements and
expansions to the City's Water and Sewer System.
(3)
Ordinance to authorize the issuance of Stormwater Utility System Revenue
Bonds in the maximum amount of $5,300,000 re improvements and
expansions to the City's Stormwater Utility System.
(4)
Ordinance re the FY 1999-2000/FY 2004-2005 Capital Improvement
Program (CIP), to APPROPRIATE $165,527,677 for the FY 1999-2000
Capital Budget, subject to funds being provided from various sources and
further subject to any amendments adopted by City Council.
(5)
Ordinance to APPROPRIATE $1,900,000 estimated year-end surplus
revenue from the School Board's FY 1998-1999 Operating Budget to
Student Data Management System (CIP #1-195).
(6) Resolutions re Virginia Department of Transportation (VDOT) projects:
(I)
#2-074 - Great Neck Road interchange improvements to include
widening of bridge on 1-264 (previously Rt. 44)
(ii)
#2-165 - Laskin Road - Phase II, Birdneck Road to the proposed
30th/31st Street split
(iff) #2-048 - Princess Anne Road/Kempsville Road intersection
(iv)
#2-075 - Salem Road - Phase II, Independence Boulevard to Elbow
Road Extended
.
Ordinance to AMEND Sections 7-50 and 7-57 of the City Code re operation of mopeds and
bicycles on roadways and sidewalks, respectively.
.
Ordinance to TRANSFER $835,110 from the General Fund Reserve for Contingencies to
the FY 1998-1999 Operating Budget of the Virginia Beach Court Service Unit re Juvenile
Secure, Non-Secure and Outreach Detention Services.
.
Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way
on the south side of Cleveland Street, 75.11 feet west of Lavender Lane (4949 Virginia
Beach Boulevard) by Phillips Automotive, Inc. re installation of a 4-inch Fibre Optic
Conduit (KEMPSVILLE - DISTRICT 2).
J. RESOLUTIONS
.
,
,
Resolution to authorize the City Manager to enter into a City/State Agreement with the
Virginia Department of Transportation (VDOT) and the City of Chesapeake re a
study of the economic development and land use impacts associated with the
Southeastern Parkway and Greenbelt as well as other transportation projects within the
two cities. (Sponsored by Council Members Margaret L. Eure and Harold Heischober)
Resolution to call for an election (Referendum) to be held on the question of whether the
City Council should enact an Ordinance to (1) approve the Virginia Beach-Norfolk Light
Rail Transit Project; and, (2) request the General Assembly to enact a five percent (5%) tax
on the retail price of gasoline to fund the project. (Sponsored by Councilman A. W. "Don"
Weeks)
Resolution to authorize tax deferral for employees permitted to purchase past service credit
by allowing the City to pick up all, or a portion of, the member contributions of its
employees to the Virginia Retirement System (VRS).
K. PUBLIC HEARING- PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
le
,
Application of ALI HAMBAZ for a Conditional Use Permit for an automobile service
station in conjunction with a convenience store and a car wash on the East side of South
Independence Boulevard, South of South Boulevard (360 and 368 South Independence
Boulevard), containing 2.2 acres (KEMPSVILLE - DISTRICT 2).
Recommendation:
DENIAL
Application of BG CONSTRUCTION CORPORATION, a Virginia corporation, for a
Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to
Conditional R-10 Residential District with Historic and Cultural District Overlay at the
,
Northeast comer of Holland and Princess Anne Roads, containing 14.83 acres (PRINCESS
ANNE- DISTRICT 7).
Recommendation:
APPROVAL
Applications of ROBERT G. and DONNA S. BREWER 470 feet more or less North of
North Landing Road, 550 feet more or less East of George Mason Drive, containing
3.9 acres (PRINCESS ANNE - DISTRICT 7).
a.
Change of Zoning District Classification from AG-2 Agricultural District to
Conditional B-1A Limited Community Business District
b. Conditional Use Permit for a self-storage facility
Staff Recommendation:
Planning Commission Recommendation:
DENIAL
APPROVAL
,
Applications of BAYMARK CONSTRUCTION CORPORATION West of West Neck
Road (PRINCESS ANNE - DISTRICT 7):
Changes of Zoning District Classification North of Indian River Road and West of
West Neck Road, containing 419.8 acres
Parcel 1:
AG-1 Agricultural District to Conditional AG-1 Agricultural District with a
PD-H 1 Planned Unit Development District Overlay
Parcel 2:
AG-1 Agricultural District to Conditional AG-1 Agricultural District with a
PD-H 1 Planned Unit Development District Overlay
Parcel 3:
AG-2 Agricultural District to Conditional AG-2 Agricultural District with a
PD-H 1 Planned Unit Development District Overlay
Parcel 4:
AG-2 Agricultural District to Conditional AG-2 Agricultural District with a
PD-H 1 Planned Unit Development District Overlay
Parcel 5:
AG-2 Agricultural District to Conditional AG-2 Agricultural District with a
PD-H 1 Planned Unit Development District Overlay
Parcel&
R-40 Residential District to Conditional R-40 Residential District with a PD-
H 1 Planned Unit Development District Overlay
Parcel 7:
R-20 Residential District to Conditional R-20 Residential District with a PD-
H 1 Planned Unit Development District Overlay
Parcel 8: AG-I Agricultural District to Conditional P-1 Preservation District
Parcel 9: AG-1 Agricultural District to Conditional P-1 Preservation District
Parcel 10: AG-2 Agricultural District to Conditional P-1 Preservation District
Parcel 11: AG-2 Agricultural District to Conditional P-1 Preservation District
Parcel 12: AG-2 Agricultural District to Conditional P-1 Preservation District
Parcel 13: AG-2 Agricultural District to Conditional P-1 Preservation District
Parcel 14: R-20 Residential District to Conditional P-1 Preservation District
Parcel 15: R-20 Residential District to Conditional P-1 Preservation District
Parcel 16: R-40 Residential District to Conditional P-I Preservation District
bw
Conditional Use Permit for a golf course, 4,630 feet more or less South of North
Landing Road, containing 112.585 acres.
Recommendation: APPROVAL
L. APPOINTMENTS
CHESAPEAKE BAY ASAP POLICY BOARD
COMMUNITY SERVICES BOARD
SOCIAL SERVICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
WETLANDS BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - APRIL 1999
O. ADJOURNMENT
If you are physically disabled or visually impaired
and nccd assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for thc Deaf)
05/06/99cmd
AGENDA\05/11/99
www v~rg~nla-beach.va.us
OUR NA"~
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virg~ma Beach, V~rg,n~a
May 11, 1999
Mayor Meyera E Oberndorf called to order the REVIEW OF A GENDA ITEMS tn the Councd Conference
Room, Ctty Hall Buildmg, on May 11, 1999, at 12 30 P.M
Councd Members Present
Ltnwood 0 Branch, III, Margaret L. Eure, Wilham W. Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor William D Sessoms, Jr and A M "Don" Weeks
Councd Members Absent'
None
-2-
AGENDA RE VIEW SESSION
12:30 P.M.
ITEM # 44953
12. Ordtnance to AMEND Sections 7-50 and 7-5 7 of the City Code
re operation of mopeds and bicycles on roadways and stdewalks,
respectively
This or&nance shall be part of the CONSENT AGENDA, unless there are speakers regtstered.
ITEM # 44954
1.3
Ordtnance to TRANSFER $835,110 from the General Fund
Reserve for Conttngenctes to the FY 1998-1999 Operating
Budget of the Virginia Beach Court Service Unit re Juvenile
Secure, Non-Secure and Outreach Detention Services
Counctl Lady Parker inquired concermng increase tn the juventle population E Dean Block, Director -
Management Services, advtsed tt ts not thatjuventle crtme has tncreased nor ts tt there are so many more
juveniles. The Judges are sentencing more children to detention The l/trgtnta Beach Court Servtce ts
requesttng a total of $835,110 in addtttonal approprtattons to cover the increased cost of secure juvenile
detention services ($517,917) as well as non-secure and outreach detention services ($317,193)forjuvemles
under thetr supervtsion as ordered by the Court Last year, there was also a large tncrease
Mayor Oberndorf requested the staff contact a representative of the Juvenile Court to brtef Ctty Councd
relative thts subject. Ctty Council wtll forward questions to Mr. Block for answers to be provided by the
representative Thts Ordtnance wtll be DEFERRED, B Y CONSENT, until the City Council Session of May
25, 1999.
ITEM # 44955
J. 1
Resolution to authorize the Ctty Manager to enter into a
City/State Agreement wtth the Virgtnta Department of
Transportation (VDOT) and the Ctty of Chesapeake re a
study of the economic development and land use impacts
assoctated wtth the Southeastern Parkway and Greenbelt as
well as other transportation projects withtn the two ctttes
Councdman Branch expressed apprectatton and congratulattons to Counctl Members Eure and Hetschober,
who served as liatsons to ajotntly appotnted committee with Chesapeake relative the Southeastern Parkway
and Greenbelt.
ITEM # 44956
J 2 Resolutton to call for an election (Referendum) to be hem on the
questton of whether the Ctty Counctl should enact an Ordinance
to (1) approve the Virginia Beach-Norfolk Light Rail Transit
Project, and, (2) request the General Assembly to enact a five
percent (5%) tax on the retail price of gasoline to fund the
project (Sponsored by Councilman A. W "Don" Weeks)
Thts ttem will be chscussed during the FORMAL SESSION
May 11, 1999
-3-
AGENDA RE VIEW SESSION
ITEM # 4495 7
J. 3 Resolution to authorize tax deferral for employees permitted to
purchase past service credit by allowing the City to pick up all,
or a portlon of, the member contrlbuttons of lts employees to the
Vlrginta Retirement System (VRS)
The City Manager advised City Council that thts will entailed no cost to the City
ITEM # 44958
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
12
Ordtnance to AMEND Secttons 7-50 and 7-57 of the City Code
re operation of mopeds and bicycles on roadways and sidewalks,
respectively.
1.3.
Ordinance to TRANSFER $835,110 from the General Fund
Reserve for Contingencies to the FY 1998-1999 Operating
Budget of the Virginia Beach Court Service Unit re Juvenile
Secure, Non-Secure and Outreach Detention Services.
I4
Ordtnance to authorize a temporary encroachment into a
portion of the City's right-of-way on the south side of Cleveland
Street, 75 11 feet west of Lavender Lane (4949 Vlrglnta Beach
Boulevard) by Phillips Automotive, Inc. re lnstallatton ora 4-
inch Fibre Optic Conduit (KEMPSVILLE - DISTRICT 2)
RESOLUTIONS
J1
Resolution to authorize the City Manager to enter tnto a
City/State Agreement with the Vtrglnta Department of
Transportation (VDOT) and the City of Chesapeake re a
study of the economic development and land use impacts
associated wtth the Southeastern Parkway and Greenbelt as
well as other transportatton proJects within the two ctttes
(Sponsored by Council Members Margaret L Eure and HaroM
Helschober)
J3.
Resolution to authorize tax deferral for employees permttted to
purchase past service credit by allowtng the City to pick up all,
or a portlon of, the member contributions of its employees to the
Virginia Retirement System
Item 1.2. will be chscussed if there are regtstered speakers
Item 13 will be DEFERRED, BY CONSENT, until the City Council Session of May 25, 1999
May 11, 1999
-4-
,4 GEND,4 RE VIE W SESSION
ITEM # 44959
K2. Apphcation of BG CONSTRUCTION CORPOR`4TION, a
Virgtnia corporatton, for a Change of Zontng Dtstrtct
Classtficatton from AG-1 and AG-2 Agrtcultural Dtstrtcts to
Conditional R- 10 Residential Distrtct wtth Htstortc and Cultural
Dtstrict Overlay at the Northeast corner of Holland and Prtncess
Anne Roads, contatmng 14 83 acres (PRINCESS ANNE -
DISTRICT 7)
Councd Lady Henley requested this ttem be DEFERRED untd the City Council Session of May 25, 1999
Council Lady Eure requested rendertngs be provided
ITEM # 44960
K3
Apphcations of ROBERT G. and DONN,4 $. BREgFER 4 70feet
more or less North of North Landing Road, 550feet more or
less East of George Mason Drtve, contatntng 3 9 acres
(PRINCESS ANNE - DISTRICT 7)
ao
Change of Zoning District Classification from A G-2 Agrtcultural
Dtstrtct to Condttional B-IA Ltmtted Communtt¥ Business
Distrtct
b Con&tional Use Permttfor a se!f-storagefacih~
Thts ttem wtll be discussed during the Formal Session
ITEM # 44961
K4.
Applications of B,4 YM,4RK CONSTRUCTION
CORPORal TION West of West Neck Road (PRINCESS ANNE -
DISTRICT 7)
a. Changes of Zomng Dtstrtct Classification North of In&an Rtver
Road and West of West Neck Road, containing 419 8 acres
Parcel 1'
AG-1 Agrtcultural Distrtct to Conchtional AG-1
Agricultural Dtstrict with a PD-H1 Planned Untt
Development District Overlay
Parcel 2:
AG-1 Agrtcultural Distrtct to Conchttonal AG-1
Agrtcultural Distrtct with a PD-H1 Planned Umt
Development Dtstrtct Overlay
Parcel 3.
AG-2 Agrtcultural Distrtct to Condtttonal AG-2
Agrtcultural Dtstrtct with a PD-H1 Planned Umt
Development Dtstrtct overlay
Parcel 4
AG-2 Agrtcultural Dtstrtct to Condittonal AG-2
Agrtcultural Dtstrtct wtth a PD-H1 Planned Unit
Development Dtstrtct Overlay
Parcel 5.
AG-2 Agrtcultural Distrtct to Conditional AG-2
A~rtcultural Dtstrtct wtth a PD-H1 Planned Unit
Development Dtstrtct overlay
Parcel 6
R-40 Restdenttal Distrtct to Condtttonal R-40
Restdenttal Dtstrtct wtth a PD-H1 Planned Untt
Development Dtstrtct Overlay
Parcel 7.
R-20 Restdenttal Dtstrtct to Condtttonal R-20
Restdenttal Distrtct wtth a PD-H1 Planned Umt
Development Dtstrtct Overlay
May 11, 1999
-5-
AGENDA RE VIE W SESSION
ITEM # 44961 (Continued)
K4 Appltcattons of BAYMARK CONSTRUCTION
CORPORA TION West of West Neck Road (PRINCESS ANNE -
DISTRICT 7)
a. Changes of Zoning Dtstrict Classtficatton North of lndtan Rtver
Road and West of West Neck Road, contatntng 419 8 acres
(Continued)
Parcel 8:
AG-1 Agricultural Dtstrtct to Condttional P-1
Preservation Distrtct
Parcel 9
AG-1 Agricultural District to Con&tional P-1
Preservation Dtstrict
Parcel 10
AG-2 Agricultural District to Condittonal P-1
Preservatton Dtstrtct
Parcel 11:
AG-2 Aertcultural District to Conditional P-1
--
Preservation District
Parcel 12.
AG-2 Agricultural District to Con&tional P-1
Preservatton District
Parcel 13
AG-2 Agricultural District to Conditional P-1
Preservation Dtstrtct
Parcel 14
R-20 Residential Dtstrtct to Condtttonal P-1
Preservation Dtstrict
Parcel 15
R~20 Residential Dtstrtct to Condittonal P-1
Preservation Dtstrict
Parcel 16
R-40 Residential District to Condtttonal P-1
Preservatton Dtstrtct
b Condtttonal Use Permttfor a go!f course, 4, 630feet more or less
South of North Landtng Road, contaimng 112 585 acres.
Counctl Lady McClanan wtll ABSTAIN, as she and her husband own property adjacent to these parcels,
which are subjects of the applications.
May 11, 1999
-6-
CITY COUNCIL COMMENTS
12:40 P.M.
ITEM ii 44962
Counctl Lady Parker referenced a memorandum from the Real Estate Assessor, Jerald Banagan, dated May
6, 1999 The Office of the Real Estate Assessor recetves frequent inqutries from both property owners and
the bustness community regardtng Internet access to the real estate related data. Thetr office ts currently
tn the plamng stage of provtdtng this access Internet avatlabtltty would provide 24-hour access to real
estate assessments and property data. The Internet user could locate a description of building
improvements, including age, size and amenities of a structure They wouM also be able to find the owner's
name, sale price, date of sale and deed book and page number where the ownershtp transfer was recorded
This tnformatton ts vital to real estateprofessionals such as mortgage underwrtters, realtors', appratsers and
attorneys Presently, two of Mr Banagan 's staff are conttnuously providtng thts tnformatton vta telephone,
fax and tn-office asststance each work day Along wtth the postttve aspects, there are concerns There wtll
probably be some property owners that, for whatever reason, do not want thetrproperty tnformatton on the
Internet The Assessor's records (wtth the exception of income data) are public tnformatton and must be
made avatlable by law At present, this does not extend to Internet access However, compames and
tndtvtduals can and do purchase the data tn an electronic format and the Ctty cannot control how that data
ts later dtssemtnated or for what purpose tt ts used Mr. Banagan belteved the system would be more
valuable tf searches were allowed by owners name, address and G-Pin number Owners names would be
deleted, upon request Thts would be accompltshed thru publictty of tntent prtor to Internet access
Councd Lady Eure wished the NAMES of tndivtduals not be used on the Internet
The City Attorney advised the informatton could be listed tn several ways without uttltztng names Parcels,
addresses, etc.
BY CONSENSUS, a WORKSHOP shall be scheduled relative this possibility of lnternet access to the real
estate related data.
May 11, 1999
I
-7-
CITY COUNCIL Y~ORKSHOP
MANAGEMENT RESOURCE PLAN
12:44 P.M.
ITEM # 44963
Mayor Oberndorf and Vtce Mayor Sessoms referenced thetrjotnt correspondence of May 7, 1999, to the
Members of City Councd, and the REVISED Mayor/l&ce Mayor letter which includes Ferrell VI Project
deletion. Mayor Oberndorf ts aware of another proposal of Councd Lady Henley
Mayor Oberndorf advtsed they have sought to find a "common ground" on the tssue of school technology
and by resolving that issue, secure a consensus on the enttre budget At heart, all Councd Members share
the same "destination points" of tnsurtng that our chddren have the tools they need for learntng and that
all our citizens have reasonable access to the servtces that make for a "community for a lifetime" A plan
has been developed which addresses the school technology issue whde also movtng ahead on two very
tmportant projects The Boys and Girls Club/City partnership for a library in Green Run and the General
Both Fire Station.
School Technology will be funded byproviding $9.617-MILLIONof"up-
front"funding No lottery funds wdl need to be used, thereby allowmg
completton of the School Moderntzatton ProJect tn 7-years Thts wtll sattsfy
the 8-year Ctty's commttment to school technology by guaranteeing our
funding
$500,000 wdl be approprtated to the school textbook fund.
$400,000 wdl be appropriated to provide books for the Green Run
Boys/Girls Club Library partnershtp. The lease and staffing costs for the
initial start-up of the facdtty are avadable tn the budget
$150,000 will be appropriated to design the General Booth Fire Station.
The Community Color Project wdl continue to be funded as shown tn the
CIP.
The Joint Revenue Sharing Policy is protected and ratified.
Council Lady Henley referenced her alternative
$1.5-MILLION of this year's City ending balance be allocated to school
technology.
The schools keep their $2.6-MILLION additional ending balance. The
schools can stdl allocate $1.3-MILLION to the textbook fund and have
the remaining $1.3-MILLION for buses or whatever their priority is for
non-recurring items.
The full allocation of each year's lottery money remains with school
modernizations to allow the projects to be done tn seven instead of eight
years
The "phone fee" money is made up entirely from the City side of the
budget
The first $1.5-MILLlONofthe City's contribution will be available a year
earlier than it would have been available under the "phone fee"plan, as
the fee, tf adopted, would have come in tncrements over the next year,
begtnntng July Ftrst
All Ctty CIP projects wdl remain intact and on schedule
May 11, 1999
-8-
CITY COUNCIL WORKSHOP
MANAGEMENT RESO UR CE PLAN
ITEM # 44963 (Continued)
If the Ctty projects a $4-MILLION ending balance, and $1.5-MILLION is allocated to school technology,
the remaining $2.5-MILLION can be allocated as follows:
$ $oo, ooo
$ 250,000
$ 250,000
$ 5oo, ooo
$ 5oo, ooo
$ $oo, ooo
$z,$oo, ooo
Green Run Library books ~ Boys Club
Design of General Booth Fire Station
Design of Princess Anne Library
Allocation of O.D.U. Higher Education Center computers
Begin an Open Space Preservation Program north of the Green Line
Unallocated to remain for future identified needs
Counctlman Jones concurred with Council Lady Henley's suggestion with one exceptton The Ctty has had
a long standingpolicy that ending fund balances would be used for non-recurrtng expenditures If the Ctty
were to utthze ending fund balance for thts parttcularpurpose, thts pohcy would not be violated Counctlman
Jones sttll believes that ending fund balance is an unreliable source to fulfill a long term commitment
from year-to-year. In dtscussmg same wtth the Vtce Mayor and Counctl Members Henley and Harrtson,
Councilman Jones suggested dedtcating a portion of the current real estate tax for the purpose of funding
this school technology on an annual basts Counctlman Harrison developed a slight vartatton to this plan
Councdman Harrison supported Counctl Lady Henley's alternative wtth the exceptton stated by Counctlman
Jones Councilman Harrtson can support taking $1.5-MILLION out of thts year's ending fund balance and
refunding the account, but needs some recognition by the Council Members that a dedicated source of
revenue would be avatlable next year Thts ts a replacement theory 3/4 cent of the real estate tax generates
$1.5-MILLION. The Ctty ss committing a htgher percentage of the revenue shartng pohcy as tt affects thts
one stream t e. real estate tax revenue to the school system unttl the City has generated $12-MILLION tn
the account, at whtch ttme that higher percentage wtH terminate In other words, there ts 53 13% of stx
revenue streams currently going to the school system to operate the schools, whtch they can depend upon
"year-in-and-year out" According to Mr Block, 53 71% of the real estate tax alone would have to be
dedicated tn order to fund the $1.5-MILLION and that 53 71% would raise $1 5-MILLION and shghtly
more each year as real estate tax assessments and new construction come on hne
Council Lady Henley requested the City Attorney to develop a Resolutton which would tndtcate the Ctty
Council's tntent to fund the school technology wtth a $1.5-MILLION each year It ss very basic.
Council Lady Eure requested Mr Block's optmon relative this method
Counctlman Hetschober expressed apprectation to all during hts illness and two weeks absence Friday
eventng tn his City Council package, he received ftve hours of video tapes Counctlman Hetschober advised
the City Council has never allocated any real estate funds to his knowledge for a spectfic purpose, and, on
the other hand, have not taken or pre-funded the ending fund balance
Councilman Harrison was suggesting, tf you are going to rely solely on the real estate tax to fund technology
in the next seven years, you are tn essence saying: '7 am gotng to gtve 53 13% of that stream to the schools
to fund thetr operating budget", but that the Ctty ss gotng to look to .58% of that stream which ss gotng into
a dedicated source to fund the technologyplan. Therefore, based on the analysts of Mr. Block, st ts equal
to 0.58% of the City's estimated real estate tax revenues, such amount to be tn addttton to the amount of
real estate tax revenues currently provided to the Schools through the Revenue Sharing Formula.
Councilman Jones advised Counctl Lady Parker had asked, tn direct conversatton with Supertntendent
Jenney, if the Ctty Counctl commits the $1.5-MILLION they wtll expect the Schools to manage their budget
to where they have that addtttonal $2-MILLION each year to fund the balance of the $3.5-MILLION
Supertntendent Jenney advised he would do same. The Supertntendent is responsible for the $2-MILLION
each year, whether it comes from the operating budget or ending fund balance.
Mr Block advised the change tn the formula would affect the FY 2000 -2001 Budget and all Budgets
thereafter, but not the FY 1999-2000 Budget
Councdman Harrison advised the potnt is to devtse a rehable source of revenue for a program that ss of high
priority and necessttates fundtng Staff should be dtrected, when formulattng the FY2000-2001 Budget and
all future budgets, if they will dedicate an additional .58% of the real estate tax revenue to the school
technology fund until such time as $12-MILLION has been raised.
May I1, 1999
-9-
MANAGEMENT RESO UR CE PLAN
ITEM # 44963 (Continued)
Mr Block referred back to the Five-Year Forecast tn which the City staff indicated thts was not the ttme to
add significant newprograms to the Operaang Budget Theproposal brought forward by the City Manager
does not add any new large programmatic items to the Operating Budget In dotng so and removtng this
$1.5-MILLIONstream of revenue, the Cttypasses the known reahty, unless tt changes, that the Ctty wdl lose
approxtmately $1 2-MILLION in meal tax revenue next year as a result of a new law to become effecttve
unttl July 1, 2000. For these reasons, the Staff's advtce ts to be parttcularly cauttous tn begtnntng new
capital projects whtch would add significantly to the Operattng Cost, since clear revenue dechnes wdl be
faced.
Vice Mayor Sessoms requested the Ctty Attorney prepare the Or&nance to establish an Instructional
Technology Special Revenue Fund, and, set forth the City 's intent to APPROPRIATE $1 5 Mtlhon
annually to fund technology for schools to a maxtmum of $12 Milhon Vtce Mayor Sessoms concurred with
the recommendattons of Councd Lady Henley concerning the additional funds
The Cay Manager advtsed as much as the City Councd wishes to develop a compromtse to resolve the school
technology commttment, he certainly could not recommend same. He believed the Ctty Councd ts creattng
some very strong expectattons for future capttal projects, whtch are gotng to have very large capital and
operating impacts and, on the other hand, the ability to raise revenue to fund same is being taken away
The ttems on the hst chstrtbuted by Counctl Lady Henley contain a capttal expectation of approxtmately
$ 7.25-MILLION and ongoing operating impact of about $2.4-MILLIONper year Consideration of other
tssues such as. the Infrastructure Committee's recommendation for an additional SI-MILLION to keep
up wtth the aging infrastructure has not been examined. This ts creattng a severe problem for next year
and he would definttely advtse agatnst same as there are other ways to approach thts and keep the capital
projects ahve The City Manager's advice would be not to cut the abthty to ratse funds for the services by
taMng 3/4 cent away from the real estate taxes.
Councd Lady Henley advised instead of commenctng each budget year with extsttngprograms, perhaps there
are some programs which are no longer as vttal and the City Councd must make that choice Servtces must
be provtded if rezontngs conttnue and ad&tional people are placed tn this corridor
The Ctty Manager referenced the revised Mayor/Vtce Mayor proposal wtth the tmportant tltsttnctton tt
deletes the Ferrell Parkway VI Project and frees approximately $2.9-MILLION of Charter Bond capacity
with the guarantee of the school technology.
Mayor Oberndor~, Councilman Branch, Councdman Harrison and Councd Lady McClanan concurred with
the City Manager/Dean Block proposal. Vice Mayor Sessoms, Council Lady Eure, Councdman Jones,
Councdman Hetschober, Councd Lady Henley and Councdman Weeks concurred wtth the Henley/Jones
revised proposal Council Lady Parker concurred with the original Henley proposal
In an attempt to assure 8 votes for the CIP, the Ctty Council was polled agatn Councdman Branch stdl
preferred the Ctty Manager/Block proposal but will vote with the majority Mayor Oberndorf and
Councdman Harrison wdl vote for the Henley/Jones revised CIP Councd Lady Parker wtll vote for the
Henley/Jones revtsed proposal Although, she does not agree with the fundtng mechamsm, she does agree
wtth the Capttal Budget
The Planning Items will be MOVED FORWARD on the City Council Agenda to enable Ctty Staff time to
prepare the Reconcthation Amendments to the FY 1999-2000 Operattng Budget, and FY 1999-00 Capttal
Budget and FY 1999-00/FY2004-05 Capttal Improvement Program
May 11, 1999
- lO-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
May 11, 1999
2:10 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, Ctty Hall Budding, on Tuesday, May 11, 1999, at 2 I O P M
Council Members Present
Linwood 0. Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wdliam D Sessoms, Jr and A M "Don" Weeks
Counctl Members Absent'
None
INVOCATION
Reverend Rtchard Mooney
Church of the Holy Famdy
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, being a Corporate Officer of Wachovta Bank, disclosed he would ABSTAIN on Item
K 3. (ROBERT G. AND DONNA S BREWER), and there were no other matters on the agenda tn whtch he
has a "personal tnterest", as defined tn the Act, either tnchvtdually or tn his capactO~ as an officer of
Wachovta Bank The Vice Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest
in any apphcatton that may come before Ctty Counctl Vice Mayor Sessoms' letter of January 4, 1999, ts
hereby made a part of the record.
May 11, 1999
Item IV-E.
-11-
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 44964
No EXECUTIVE SESSION was conducted
May 11, 1999
Item IV-F. 1.
- 12-
MINUTES
ITEM # 44965
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED the
Mtnutes of the INFORMAL AND FORMAL SESSIONS of May 4, 1999.
Voting 9-0
Councd Members Voting Aye
Linwood 0 Branch, IIL Margaret L. Eure, Wdliam W Harrtson, Jr,
Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Vice Mayor Wilham D Sessoms, Jr and A. M "Don"
Weeks
Council Members Voting Nay
None
Councd Members Abstaining
Harold Heischober and Nancy K Parker
Councd Members Absent'
None
Councd Members Heischober and Parker ABSTAINED as they were not tn attendance durtng the Ctty
Councd Sesston of May 4, 1999
May 11, 1999
Item IF'-G 1
-13-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 44966
BY CONSENSUS, City Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
City Councd ADDED to the Budget items on the Formal AGENDA:
Or&nance to estabhsh an Instructional Technology Special Revenue
Fund; and, set forth the Ctty's intent to APPROPRIATE $1 5 Mtlhon
annually to fund technology for schools to a maxtmum of $12 Mtlhon
May 11, 1999
I
Item IV--H 1
- 14-
PUBLIC HEARING
ITEM tt 44967
Mayor Oberndorf DECLARED A PUBLIC HEARING'
FEE INCREASES- Proposed
Subdivision Plat and Site Plan Reviews
Robert Miner, 1704 Bagpipper Court 23464, Phone' 479-4533, regtstered but chd not answer the call to
speak.
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
May 11, 1999
Item IV-I. 1.
- 15-
ORDINANCES
ITEM # 449~8
ADD-ON
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
Upon motton by Vice Mayor Sessoms, seconded by Councdman Harrtson, City Councd ADOPTED:
Orchnance to estabhsh an Instructional Technology Special Revenue
Fund, and, set forth the Ctty's mtent to APPROPRIATE $1 5 Million
annually to fund technology for schools, to a maxtmum of $12 Mtllion
Vottng 10-1
Counctl Members Voting Aye'
Linwood 0 Branch, III, Margaret L Eure, Wdham W. Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Vice Mayor Wtlham D.
Sessoms, Jr and A M "Don" Weeks
Council Members Voting Nay
Nancy K. Parker
Council Members Absent
None
May 11, 1999
AN ORDINANCE TO ESTABLISH
AN INSTRUCTIONAL TECHNOLOGY SPECIAL
REVENUE FUND AND TO SET FORTII THE CITY'S
INTENTION TO APPROPRIATE $1 5 MILLION
ANNUALLY TO THE FUND FOR INSTRUCTIONAL TECHNOLOGY
WHEREAS, a Technology Liaison Committee (the "Committee") comprised of
representatives of the City and the Schools has developed a "Plan" to address essential and
necessary instructional technology requirements, and has prepared a report t~tled "Technology
Hardware, Software, and Systems Funding Plan for V~rg~nia Beach City Pubhc Schools" (the
"Report"),
WHEREAS, the Report of the Committee recommended (i) the creation of an
Instructional Technology Special Revenue Fund (the "Fund") to support the purchase of
instructional computers, and (i0 minimum funding for such purposes in the approximate amount
of $3 5 million annually over an eight-year period,
WHEREAS, the Report further recommended that
0) the City annually appropriate $1 5 million to the Fund from sources outside the
Revenue Shanng Formula,
(ii) the Schools annually provide a $2 0 mflhon annual commitment from various
sources, with any funds available at year-end to be first dedicated to the Fund to
the extent needed,
(iii) the Fund be prefunded by the School Division's allocation of $3 5 million of
(iv)
available FY99 School year-end balance, and
the FrOnd be administered in a manner similar to the Textbook Fund and receive
interest generated by its balances,
WHEREAS, by resolution of April 20, 1999, the School Division has prefunded the $3 5
milhon as provided in the Report, and
WHEREAS, the School Division has allocated a sum ~n excess of $2 0 mdhon from State
Grants for FY99 and such sums are included ~n the FY 2000 School Ot)erat~ng Budget,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the C~ty of Virginia
Beach, Virginia
The City Council hereby adopts the "Technology Hardware, Software, and Systems
Funding Plan for Virginia Beach Ctty Public Schools,"
BE IT FURTHER ORDAINED
That there is hereby created within the School's finance and budgeting structure, an
Instructional Technology Special Revenue Fund (the "Fund") which will be funded by
contributions of the School Division and the City for the purposes of purchasing instructional
technology,
BE IT FURTHER ORDAINED
That the Fund shall accrue interest, and that the purpose of the Fund and any expenditures
therefrom shall be limited to the acqmsinon of instructional technology,
BE IT FURTHER ORDAINED
That the City Council hereby appropriates $1 5 million from the 1999 ending fund
balance to the Instructional Technology Fund, and
BE IT FURTHER ORDAINED
That the City Council hereby sets forth its intention (i) to annually appropriate to the
Fund, for the purposes of purchasing instructional technology for the public schools, an amount
equal to 0 58% of the City's estimated real estate tax revenues, such amount to be in addition to
the amount of real estate tax revenues currently provided to the Schools through the Revenue
Sharing Formula; (ii) to make this annual appropriation beginning with FY2000-2001, and (iii)
to continue making this annual appropriation until the sum of $12 0 million has been
appropriated to the Fund
This ordmance shall become effecttve duly 1, 1999
Adopted by the City Council of the C~ty of V~rginia Beach, Virgima this i 1'h day of May,
1999
Item IV-I. 1.
-16-
ORDINANCES
ITEM # 44969
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Hetschober, Ctty Counctl ADOPTED IN
ONE MOTIONFY1999-2000 OPERATING BUDGETAPPROPRIATIONSItems 1, 2, 3, 4, 5, 6, 7, 8, 9
and ADD-ON and FY 1999-2000/FY 2004-2005 CAPITAL IMPROVEMENT PLAN Items 1, 2, 3, 4, 5,
6 fi, tt, iii, iv), AS AMENDED*
*Summary of City Council Reconciliation Amendments based upon Henley/Jones Revised Plan.
The Ctty Manager referenced the locatton of the Detox Center has not been determtned, although the staff
recommended the site located tn the Beach Borough Servtces Center The approval of the fundtng does not
lock into this particular site A Conchttonal Use Permtt would be requtred for stte determtnatton and thus
a Pubhc Heartng. Dr. Terry Jenkins, Dtrector- Community Services Board, advtsed Counctlman Branch
that the Board would be tn the process of tnvesttgattng numerous sites
Voting 11-0
Council Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Council Members Voting Nay.
None
Counctl Members Absent
None
Counctlman Harrison ABSTAINED Item L 1. b. 1 as to the tssuance of $2 9-MILLIONtn General Obligatton
Bonds for (Ferrell Parkway Phase VI Project 2-077 tn the CIP) and ltem I 1.b. 4 as tt relates to the actual
fundtng in this CIP of $1,450, OOO for that same proJect as hts law firm represents the parttctpant, Elhs
Gtbson Development Group, that has proposed the cost parttctpatton agreement wtth the Ctty
Counctl Lady Henley ABSTAINED on any appropriation that would be related to (Lasktn Road Phase I CIP
ProJect 2-156) as she has an tnterest tn land tn this vtclnlty
Council Lady McClanan ABSTAINED on parttctpatton and any dtscusston or vote on the Resolutton
requesttng VDOT estabhsh a project for the Prtncess Anne Road, Kempsvtlle Road Intersectton (I.l.b. 6iii)
due to the fact that her husband and she own property tn close proxtmtty to thts tntersectton
Counctl Lady McClanan voted a VERBAL NAY on Item I a 7 (Gainsharing)
May 11, 1999
Item IVJ. l.a.(1)
-17-
ORDINANCES
ITEM # 449 70
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
Upon motion by Vice Mayor Sessoms, seconded by Councdman Hetschober, Ctty Councd ADOPTED:
FY 1999-2000 OPERA TING BUDGET APPROPRIATIONS
Ordinance to establish Appropriations for FY 1999-2000 in the sum of
St ,~,~, ,~ ~o $1 069 675 774 fo Op ~.,, ~n~ ~
~,ou, , · u.,,.,.,,~, , , r erattons, ~,., , .~, u...,,-~.,~,
$376,298,502 lnterfund Transfers, and, regulating the payments of
same, As Amended.
Voting 11-0
Councd Members gottng Aye
Ltnwood O. Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wilham D Sessoms, Jr. and A M "Don" Weeks
Councd Members Vottng Nay.
None
Councd Members Absent'
None
May 11, 1999
AN ORDINANCE MAKING APPROPRIATIONS
FOR THE FISCAL YEAR BEGINNING JULY
1, 1999 AND ENDING JUNE 30, 2000 IN
THE SUM OF $1,069,675,774 FOR
OPERATIONS AND $376,298,502 IN
INTERFUND TRANSFERS AND REGULATING
THE PAYMENT OF MONEY OUT OF THE CITY
TREASURY, AS AMENDED
WHEREAS, the City Manager has heretofore submitted an
10 Annual Budget for the City for the fiscal year beginning July 1,
11 1999, and ending June 30, 2000, and it is necessary to appropriate
12 sufficient funds to cover said budget.
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1.
That the amounts named aggregating ONE
16 BILLION, FOUR HUNDRED FORTY-FIVE MILLION, NINE HUNDRED SEVENTY-FOUR
17 THOUSAlVD, TWO HUNDRED SEVENTY-SIX DOLLARS ($1,445,974 , 276)
18 consisting of THREE HUNDRED SEVENTY-SIX MILLION, TWO HUNDRED
19 NINETY-EIGHT THOUSAND, FIVE HUNDRED TWO DOLLARS ($376,298,502) in
20 interfund transfers and ONE BILLION, SIXTY-NINE MILLION, SIX
21 HUNDRED SEVENTY-FIVE THOUSAND, SEVEN HUNDRED SEVENTY-FOUR DOLLARS
22 ($1,069,675,774) for operations or so much thereof as may be
23 necessary as set forth in the Annual Budget for the fiscal year
24 1999-2000, are hereby appropriated subject to the conditions
25 hereinafter set forth for the use of the several departments and
26 specially designated funds of the city government, and for the
27 purposes hereinafter mentioned, as set forth in said Annual Budget,
28 which is hereby incorporated by reference, for the fiscal year
29 beginning July 1, 1999, and ending June 30, 2000, and a summary of
30 which is attached to this ordinance as "Attachment A -
31 Appropriations."
32 Section 2.
That in accordance with Section 5.04 of
33 the City Charter, Estimated Revenue in support of Appropriations is
34 set forth in said Annual Budget which was previously incorporated
35 by reference; a summary of Estimated Revenue in Support of
36 Appropriations is attached to this ordinance as "Attachment B -
37 Revenues."
38 Section 3.
With the exception of the School Operating
39 Fund, and the Sheriff's Special Revenue Fund, the total of full-
40 time permanent positions shall be the maximum of positions
41 authorized for the various departments of the City during the
42 fiscal year except changes or additions authorized by the Council
43 and as hereinafter provided. The City Manager may from time to
44 time increase or decrease the number of part-time positions
45 provided the aggregate amount expended for such services shall not
46 exceed the respective appropriations made therefor. The City
47 Manager is further authorized to make such rearrangements of
48 positions within and between the departments as may best meet the
49 needs and interests of the City.
50
Section 4. In order to improve the effectiveness and
51 efficiencies of the government in service delivery, the City
52 Council hereby authorizes the City Manager or his designee to
53 transfer appropriated funds and existing positions throughout the
54 fiscal year as may be necessary to implement organizational
55 adjustments which have been authorized by the City Council. Unless
56 otherwise directed by the City Council, such organizational
57 adjustments shall be implemented on such date or dates as the City
58 Manager determines, in his discretion, to be necessary to guarantee
59 a smooth and orderly transition of existing organizational
60 functions. The City Manager shall make a report each year to the
61 City Council identifying the status and progress of any such
62 organizational adjustments.
63 Section 5. Ail current and delinquent collections of
64 local taxes shall be credited to the General Fund and, where
65 appropriate, the Sandbridge Special Service District Special
66 Revenue Fund of the City or any tax increment financing funds
67 created by City Council. Transfers shall be made from the General
68 Fund to the respective specially designated funds to which a levy
69 is made in the respective amount of collection for each specially
70 designated fund.
71 Section 6.
Ail balances of the appropriations payable
72 out of each fund of the City Treasury at the close of business for
73 the fiscal year ending on the thirtieth day of June, 2000, except,
74 as otherwise provided for, are hereby declared to be lapsed into
75 the fund balance of the respective funds, except the School
76 Operating Fund which shall lapse into the General Fund Balance, and
77 may be used for the payment of the appropriations that may be made
78 in the appropriation ordinance for the fiscal year beginning July
79 1, 2000. However, there shall be retained in the General Fund
80 Balance an amount not less than the range of seventy-five (75) to
81 one hundred (100) percent of the budget for city and school debt
82 service payments for that fiscal year for contingencies and
83 emergency situations and not to be used to support appropriations
84 approved in the ordinance for the fiscal year beginning July 1,
85 2000, except upon subsequent authorization by City Council.
86 Section 7.
Ail balances of appropriations in each
87 fund which support authorized obligations or are encumbered at the
88 close of business for the fiscal year ending on the thirtieth day
89 of June, 2000, are hereby declared to be reappropriated into the
90 fiscal year beginning July 1, 2000, and estimated revenues adjusted
91 accordingly.
92 Section 8. No department or agency for which
93 appropriations are made under the provisions of this Ordinance
94 shall exceed the amount of the appropriations except with the
95 consent and approval of the City Council first being obtained. It
96 is expressly provided that the restrictions with respect to the
97 expenditure of the funds appropriated shall apply only to the
98 totals for each Appropriation Unit included in this ordinance and
99 does not apply to Interfund Transfers.
100 Section 9.
The City Manager or the Director of
101 Management Services is hereby authorized to approve transfers of
102 appropriations in an amount up to $25,000 between any Appropriation
103 Units included in this ordinance. In addition, the City Manager
104 may transfer, in amounts necessary, appropriations from all
105 Reserves for Contingencies except Reserve for Contingencies -
106 Regular, within the intent of the Reserve as approved by City
107 Council.
108
Section 10. Funds in the amount of $400,000 are hereby
109 appropriated from the General Fund Balance for the purpose of
110 making a loan or loans to the City of Virginia Beach Development
111 Authority ("Development Authority"). The City Manager is hereby
112 authorized to transfer these funds to the Development Authority for
113 this purpose provided that the aggregate amount of all such
114 transfers does not exceed $400,000. Such transfer(s) shall be based
115 upon a specific request by the Development Authority and upon the
116 Director of Management Services' verification that the funds are
117 necessary for the Development Authority to maintain an adequate
118 cash flow. Any such transfer(s) shall be made upon terms and
119 conditions to be determined by the City Manager, and shall be
120 repaid by the Development Authority in an expeditious manner
121 through the sale of land. The City Manager shall make a report to
122 City Council identifying the status of Development Authority
123 finances and any transfers made under this section.
124
Section 11. The City Manager or the Director of
125 Management Services is hereby authorized to establish and
126 administer budgeting within Appropriation Units consistent with
127 best management practices, reporting requirements, and the programs
128 and services adopted by the City Council.
129
Section 12. Policy Reports , proposals, ordinances,
130 and resolutions, presented to the City Council, which can be
131 expected to impact the Adopted Resource Management Plan, shall
132 include a five (5) year fiscal impact note which projects
133 anticipated costs, revenues, and service impacts for the current
134 fiscal year and the ensuing four (4) fiscal years. The City
135 Manager or the Director of Management Services shall review and
136 approve the fiscal impact statement prior to the presentation to
137 City Council. Departments shall include a fiscal impact note as a
138 part of the agenda package in a manner and format prescribed by
139 Management Services.
140
Section 13. The City Manager or the Director of
141 Management Services is hereby authorized to change the Estimated
142 Revenues included in this ordinance to reflect expected
143 collections. If the Estimated Revenue in support of an Operating
144 Appropriation Unit declines, the City Manager or the Director of
145 Management Services is hereby authorized to reduce, subject to any
146 other provision of law, those appropriations to equal the decline
147 in Estimated Revenue. The City Manager must give prior notice to
148 the City Council of any reduction to total appropriations exceeding
149 $25,000. The notice to City Council shall identify the basis and
150 amount of the appropriation reduction and the Appropriation Units
151 affected. The accounting records of the City will be maintained in
152 a manner that the total of Estimated Revenue is equal to the total
153 of the Appropriation Units for each of the City's funds. The City
154 Manager or the Director of Management Services is hereby authorized
155 to transfer any excess appropriations to the Reserve for
156 Contingencies after all anticipated expenditures for which those
157 funds were appropriated have been incurred. Nothing in this
158 section shall be construed as authorizing any reduction to be made
159 in the amount appropriated in this ordinance for the payment of
160 interest or principal on the bonded debt of the City Government.
161 Section 14. Allowances out of any of the
162 appropriations made in this ordinance by any or all of the City
163 departments, bureaus, or agencies, to any of their officers and
164 employees for expenses on account of the use by such officers and
165 employees of their personal automobiles in the discharge of their
166 official duties shall not exceed twenty-nine cents ($.29) per mile
167 of actual travel for the first 15,000 miles and fifteen ($.15) per
168 mile for additional miles of such use within the fiscal year.
169
Section 15. Ail traveling expense accounts shall be
170 submitted on forms approved by the Director of Finance and
171 according to regulations approved by the City Council. Each
172 account shall show the dates expenses were incurred or paid; number
173 of miles traveled; method of travel; hotel expenses; meals; and
174 incidental expenses. The Director of Finance is specifically
175 directed to withhold the issuance of checks in payment of expense
176 accounts submitted for "lump-sum" amounts.
177
Section 16. Violation of this ordinance may result in
178 disciplinary action by the City Manager against the person or
179 persons responsible for the management of the Appropriation Unit in
180 which the violation occurred.
181
Section 17. This ordinance shall be effective July 1,
182 1999.
183
Section 18. If any part of this ordinance is for any
184 reason declared to be unconstitutional or invalid, such decision
185 shall not affect the validity of the remaining parts of this
186 ordinance.
187
Adopted by the Council of the City of Virginia Beach,
188 Virginia, on the llth day of May, 1999.
189
Requires an affirmative vote by a majority of the members
190 of City Council.
191
192
193
194
CA-7307
ODIN~NONCODE\ANNUAL FUNDING FY 1999-2000.UPDATE
MAY 14, 1999
R7
195
APPROVED AS TO CONTENT:
196
197
Management Servie~s
198
199
200
201
APPROVED AS TO LEGAL
SUFFICIENCY:
Department o~aw
002 General Fund
Agriculture
Arts and Humanities Comm,sslon
Benefits Administration
Board of Equalization
Circuit Court
City Attorney
City Clerk
City Manager
City Real Estate Assessor
City Treasurer
Clerk of the Circuit Court
Commissioner of the Revenue
Commonwealth's Attorney
Community Organization Grants
Contemporary Arts Center Grant
Convention and Visitor Development
Director of Finance
Economic Development
Emergency Medical Services
Employee Special Benefits
Fire
General District Court
General Registrar
General Services
Health
Housing and Neighborhood Preservation
Human Resources
Independent Financial Services
Juvenile Probation
Juvenile and Domestic Relations District Court
Library
Magistrates
Management Services
Mass Transit Operations
Municipal Council
Museums
Planning and Commumty Development
Police
Public Information Office
Public Works
Regional Participation
Reserve for Contingencies
Revenue Reimbursements
Social Services
Transfer to Other Funds
Video Services
Virginia Beach Volunteer Council
Wetlands Board of Wrglma Beach
Zoning Board of Appeals
Fund 002 Appropriation Totals
099
Reserve for Contingencies
Transfer to Other Funds
School Instructional Technology Special Revenue Fund
Fund 099 Appropriation Totals
Instrucbonal Technology
112
School Communication Tower Technology Fund
Fund 112 Appropriation Totals
115 School Operating Fund
Administration, Attendance, and Health
Instruction
Operations and Maintenance
Pupil Transportabon
Fund 115 Appropriation Totals
116 School Grants Fund
Education - Grants
Fund 116 Appropriation Totals
FY 1999-00
Budget
824,618
451,991
192,200
19,040
780,030
2,443,927
371,868
895,490
2,049,742
4,310,154
624,487
3,821,174
4,087,672
479,189
93,106
4,460,312
3,631,616
1,471,715
2,368,150
1,009,194
26,098,561
235,068
815,611
24,166,538
2,298,658
1,427,458
2,888,475
74,654
3,130,480
117,377
10,112,719
24,360
1,762,410
1,477,865
359,131
408,709
7,893,130
54,448,120
827,406
50,952,349
1,169,071
7,450,881
2,125,277
23,920,681
345,613,928
833,352
49,700
13,500
39,180
605,120,324
3,967,370
1,032,630
5,000,000
100,000
100,000
19,504,452
367,027,336
49,333,231
19,524,061
455,389,080
27,440,384
27,440,384
Educat,on - Textbook
Educat,on - Athletic
Pohce (Uniform Patrol Grant)
Reserve for Cont~ngencms
L,brary (Law Library)
Reserve for Contlngenc,es
Transfer to Other Funds
Reserve for Conbngencies
117 School Textbook Fund
Fund 117 Appropnat,on Totals
119 School Athletic Special Revenue Fund
Fund 119 Appropr,atlon Totals
120 Federal Police Department Grant Fund
Fund 120 Appropr,at,on Totals
130 Law Library Fund
Fund 130 Appropnat,on Totals
131 Pendleton Child Service Center Fund
Social Services (Pendleton Chdd Service Center)
Fund 131 Appropr,at,on Totals
134 E-911 Communications Special Revenue Fund
Information Technology (Commumcations)
Reserve for Cont,ngencms
Transfer to Other Funds
Fund 134 Appropnat,on Totals
137 MH/MR/SA Special Revenue Fund
Mental Health/Mental Retardation/Substance Abuse
Reserve for Contingencies
Fund 137 Appropriation Totals
142 DEA Seized Property Special Revenue Fund
Reserve for Contingencies
Transfer to Other Funds
Fund 142 Appropriation Totals
143 Access Channel Support Special Revenue Fund
V~deo Serwces (Cable Access)
Fund 143 Appropriation Totals
146 Police Airplane Special Revenue Fund
Police (Airplane Enterprise)
Fund 146 Appropriation Totals
147 Federal Section 8 Program Special Revenue Fund
Housing and Neighborhood Preservation (Section 8)
Fund 147 Appropr,at,on Totals
148 Comprehensive Services Act Special Revenue Fund
Comprehensive Services Act
Transfer to Other Funds
Fund 148 Appropr,atlon Totals
149 Sheriff's Department Special Revenue Fund
Reserve for Contingencies
Sheriff and Corrections
Fund 149 Appropr,at,on Totals
150 Inmate Services Special Revenue Fund
Reserve for Contingencies
Sheriff and Corrections (Inmate Services)
General Services
Parks and Recreation
Reserve for Cont,ngenc,es
Transfer to Other Funds
Fund 150 Appropr,ation Totals
151 Parks and Recreation Special Revenue Fund
FY 1999-00
Budget
5,418,992
5,418,992
1,293,365
1,293,365
2,777,195
56,220
2,833,415
305,829
3,707
60,000
369,536
16,719
1,183,541
1,200,260
5,554,810
89,227
975,644
6,619,681
21,022,834
304,542
21,327,376
30,000
60,000
90,000
13,840
13,840
474,900
474,900
1,859,029
1,859,029
5,154,839
41,694
5,196,533
55,069
15,944,194
15,999,263
1,824
340,656
342,48O
1,921,745
17,139,800
105,193
49,508
Fund 151 Appropriation Totals 19,216,246
152 Tourism Growth Investment Fund
Convention and Visitor Development (TGIF)
Museums
Planning and Community Development (TGIF)
Reserve for Contingencies
Transfer to Other Funds
Fund 152 Appropriation Totals
Police
156 Police Store Special Revenue Fund
Fund 156 Appropriation Totals
157 Sandbridge Special Service District Special Revenue Fund
Reserve for Contingencies
Fund 157 Appropriation Totals
158 EMS State Two-for-Life Special Revenue Fund
Emergency Medical Services
Fund 158 Appropr,abon Totals
Fire (Fire Programs)
Transfer to Other Funds
159 Fire Programs Special Revenue Fund
Fund 159 Appropriation Totals
161 Agriculture Reserve Program Special Revenue Fund
Agriculture (Agricultural Reserve Program)
Reserve for Contingencies
Transfer to Other Funds
Fund 161 Approprlabon Totals
163 Tourism Advertising Program Special Revenue Fund
Convention and Visitor Development (Tourism Advertising)
Reserve for Contingencies
Fund 163 Approprlabon Totals
166 Sandbridge Tax Increment Financing Fund
Reserve for Contingencies
Fund 166 Appropriation Totals
180 Community Development Special Revenue Fund
Housing and Neighborhood Preservation
Housing and Neighborhood Preservation (Admin/Houslng)
Reserve for Contingencies
Transfer to Other Funds
Fund 180 Appropriation Totals
181 CD Loan and Grant Fund
Housing and Neighborhood Preservation (Loans and Grants)
Fund 181 Appropnabon Totals
182 Federal Housing Assistance Grant Fund
Housing and Neighborhood Preservation (Home Program)
Fund 182 Appropriation Totals
183 Grants Consolidated Fund
Commonwealth's Attorney (DCJS - Victim/WItness Grant)
Community Corrections
Housing and Neighborhood Preservabon
Juvenile Probation (Tidewater Reg Grp Home Commission)
Reserve for Contingencies
Sheriff and Corrections (Pre-Trial Program)
Social Services (Homeless Intervenbon)
Transfer to Other Funds
Fund 183 Appropriation Totals
185 Mental Health Grants Fund
Mental Health/Mental Retardation/Substance Abuse
Fund 185 Appropriation Totals
241 Water and Sewer Fund
Debt Service
Public Utilities
Reserve for Cont,ngenc,es
Transfer to Other Funds
FY 1999-00
Budget
977,000
50,500
296,041
566,322
9,950,996
11,840,859
20,000
20,000
968,140
968,140
153,900
153,900
214,960
332,510
547,470
236,876
608,119
2,565,407
3,410,402
6,665,517
56,994
6,722,511
279,442
279,442
863,633
1,604,712
32,533
328,883
2,829,761
989,279
989,279
1,186,001
1,186,001
171,332
385,792
807,490
237,709
100,000
143,324
168,700
3,510
2,017,857
1,306,215
1,306,215
11,008,351
55,226,249
1,249,815
9,285,618
Fund 241 Approprlat,on Totals 76,770,033
Parks and Recreahon (Golf Courses)
Reserve for Conflngenmes
Transfer to Other Funds
Education - Cafeteria
243 Golf Courses Enterprise Fund
Fund 243 Appropnat,on Totals
250 School Cafeterias Enterprise Fund
Fund 250 AppropriatIon Totals
251 Marine Science Museum Enterprise Fund
Museums (V~rgima Marine Scmnce Museum)
Reserve for Contingencies
253 Parking Enterprise Fund
Convention and Ws~tor Development (ParkIng)
Reserve for Contingencies
Transfer to Other Funds
Fund 251 Appropriation Totals
Fund 253 Appropnabon Totals
255 Storm Water Utility Enterprise Fund
Debt Service
Pubhc Works (Storm Water Operabons)
Reserve for Conflngencms
Transfer to Other Funds
491
Debt Service
Fund 255 Appropnabon Totals
302 General Debt Fund
Fund 302 Appropr,abon Totals
Water and Sewer Operating Revenue Capital Projects Fund
Water and Sewer Capital Projects
Fund 491 Appropnahon Totals
492 Engineering & Highways General Revenue Capital Projects Fund
Coastal Capital Projects
Economic and Tourism Development Capital Projects
Roadways Capital Projects
Fund 492 Appropnabon Totals
493 Resort Program Capital Project Fund
Economic and Tour,sm Development Capital ProJects
Fund 493 Appropnahon Totals
495 School General Revenue Capital Projects Fund
School Cap,tal ProJects
Fund 495 AppropriatIon Totals
496 Parks and Recreation General Revenue Capital Projects Fund
Parks and Recreation Capital Projects
Fund 496 Appropnahon Totals
497 Buildings General Revenue Capital Projects Fund
Building Capital Projects
Fund 497 Appropriation Totals
498 Storm Water Capital Project Fund
Storm Water Capital ProJects
Fund 498 Appropriation Totals
908 City Beautification Fund
General Services
Total Budget Appropnabons
Less Interfund Transfers
NET BUDGET APPROPRIATIONS
Fund 908 Appropnabon Totals
FY 1999-OO
Budget
1,954,700
30,000
569,500
2,554,200
18,520,939
18,520,939
6,214,269
117,874
6,332,143
1,661,653
37,878
154,216
1,853,747
2O7,7O3
7,124,873
339,261
5,274,458
12,946,295
83,905,574
83,905,574
3,000,000
3,000,000
791,675
1,955,697
8,252,231
10,999,603
900,000
900,000
2,070,090
2,070,090
3,105,073
3,105,073
11,948,778
11,948,778
3,479,260
3,479,260
12,000
12,000
1,445,974,276
376,298,502
1,069,675,774
002 General Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
Permits, Privilege Fees, and Regulatory Licenses
F~nes and Forfeitures
From the Use of Money and Property
Charges for Services
MIscellaneous Revenue
Revenue from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Specific Fund Reserves
Fund 002 Revenue Totals
099 School Instructional Technology Special Revenue Fund
Transfers from Other Funds
Fund 099 Revenue Totals
112 School Communication Tower Technology Fund
Revenue from Local Sources
From the Use of Money and Property
Fund 112 Revenue Totals
115 School Operating Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Fund 115 Revenue Totals
116 School Grants Fund
Revenue from Local Sources
MIscellaneous Revenue
Revenue from the Commonwealth
Revenue from the Federal Government
Fund 116 Revenue Totals
Revenue from Local Sources
From the Use of Money and Property
Charges for Serwces
Miscellaneous Revenue
Revenue from the Commonwealth
Transfers from Other Funds
Specific Fund Reserves
117 School Textbook Fund
Fund 117 Revenue Totals
119 School Athletic Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Specific Fund Reserves
Fund 119 Revenue Totals
120 Federal Police Department Grant Fund
Revenue from the Federal Government
Transfers from Other Funds
Specific Fund Reserves
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Specific Fund Reserves
130 Law Library Fund
Fund 120 Revenue Totals
FY 1999-O0
Budget
346,889,275
158,191,512
4,171,791
4,084,715
7,842,680
6,061,823
1,115,453
52,160,966
13,401,537
5,200,572
6,000,000
605,120,324
5,000,000
5,000,000
100,000
100,000
420,000
1,179,777
188,000
241,975,564
11,745,944
199,879,795
455,389,080
2,272,768
7,406,955
17,760,661
27,440,384
100,000
6,000
1,023,975
1,880,774
1,000,000
1,408,243
5,418,992
25,000
355,000
751,487
161,878
1,293,365
1,247,020
1,409,199
177,196
2,833,415
46,936
236,600
86,000
Fund 130 Revenue Totals 369,536
131
Revenue from Local Sources
From the Use of Money and Property
M~scellaneous Revenue
Revenue from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Pendleton Child Service Center Fund
Fund 131 Revenue Totals
134 E-911 Communications Special Revenue Fund
Revenue from Local Sources Other Local Taxes
From the Use of Money and Property
Transfers from Other Funds
Fund 134 Revenue Totals
137
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
MH/MR/SA Special Revenue Fund
Fund 137 Revenue Totals
Specific Fund Reserves
142
DEA Seized Property Special Revenue Fund
Fund 142 Revenue Totals
143
Revenue from Local Sources
Miscellaneous Revenue
Access Channel Support Special Revenue Fund
Fund 143 Revenue Totals
146
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Police Airplane Special Revenue Fund
Fund 146 Revenue Totals
147 Federal Section 8 Program Special Revenue Fund
Revenue from the Federal Government
Transfers from Other Funds
Fund 147 Revenue Totals
148 Comprehensive Services Act Special Revenue Fund
Revenue from Local Sources
Miscellaneous Revenue
Revenue from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Fund 148 Revenue Totals
149
Revenue from Local Sources
Charges for Services
M~scellaneous Revenue
Revenue from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Revenue from Local Sources
Charges for Services
150
Sheriff's Department Special Revenue Fund
Fund 149 Revenue Totals
Inmate Services Special Revenue Fund
Fund 150 Revenue Totals
151
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Federal Government
Transfers from Other Funds
SpecIfic Fund Reserves
Parks and Recreation Special Revenue Fund
FY 1999-00
Budget
16,000
2O6,344
527,588
12,349
437,979
1,200,260
5,392,716
44,775
1,182,190
6,619,681
165,590
1,627,002
12,243,424
994,579
6,296,781
21,327,376
90,000
90,000
13,840
13,840
36,250
438,650
474,900
1,759,869
99,160
1,859,029
192,399
3,043,374
221,578
1,739,182
5,196,533
633,654
57,200
11,026,712
369,38O
3,912,317
15,999,263
342,480
342,480
646,450
7,198,727
20,000
6,900
11,169,139
175,030
Fund 151 Revenue Totals 19,216,246
152 Tourism Growth Investment Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Fund 152 Revenue Totals
156 Police Store Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Fund 156 Revenue Totals
157 Sandbridge Special Service District Special Revenue Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
From the Use of Money and Property
Transfers from Other Funds
Fund 157 Revenue Totals
158 EMS State Two-for-Life Special Revenue Fund
Revenue from the Commonwealth
Fund 158 Revenue Totals
Revenue from the Commonwealth
159 Fire Programs Special Revenue Fund
Fund 159 Revenue Totals
161 Agriculture Reserve Program Special Revenue Fund
Transfers from Other Funds
Fund 161 Revenue Totals
163 Tourism Advertising Program Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
M~scellaneous Revenue
Transfers from Other Funds
Fund 163 Revenue Totals
166 Sandbridge Tax Increment Financing Fund
Revenue from Local Sources
General Property Taxes
Fund 166 Revenue Totals
180 Community Development Special Revenue Fund
Revenue from Local Sources
Charges for Services
Revenue from the Federal Government
Transfers from Other Funds
Fund 180 Revenue Totals
181 CD Loan and Grant Fund
Revenue from Local Sources
From the Use of Money and Property
Revenue from the Federal Government
Non-Revenue ReceIpts
Fund 181 Revenue Totals
182 Federal Housing Assistance Grant Fund
Revenue from the Federal Government
Non-Revenue Recmpts
Fund 182 Revenue Totals
183 Grants Consolidated Fund
Revenue from Local Sources
From the Use of Money and Property
Revenue from the Commonwealth
Revenue from the Federal Government
Fund 183 Revenue Totals
185 Mental Health Grants Fund
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Revenue from the Federal Government
FY 1999-00
Budget
968,938
10,871,921
11,840,859
20,000
20,000
275,115
392,450
67,282
233,293
968,140
153,900
153,900
547,470
547,470
3,410,402
3,410,402
85,000
10,400
45,000
6,582,111
6,722,511
279,442
279,442
17,106
2,623,721
188,934
2,829,761
34,000
739,279
216,000
989,279
1,165,000
21,001
1,186,001
2,400
1,204,457
811,000
2,017,857
151,172
197,375
957,668
Fund 185 Revenue Totals 1,306,215
241
Water and Sewer Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Non-Revenue Recmpts
Specific Fund Reserves
Fund 241 Revenue Totals
243
Golf Courses Enterprise Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Fund 243 Revenue Totals
250
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Revenue from the Federal Government
Specific Fund Reserves
School Cafeterias Enterprise Fund
Fund 250 Revenue Totals
251 Marine Science Museum Enterprise Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Transfers from Other Funds
Fund 251 Revenue Totals
253 Parking Enterprise Fund
Revenue from Local Sources
Permits, Priwlege Fees, and Regulatory Licenses
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
Fund 253 Revenue Totals
255
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Specific Fund Reserves
Storm Water Utility Enterprise Fund
Fund 255 Revenue Totals
302 General Debt Fund
Transfers from Other Funds
Capital ProJect Reserves
Fund 302 Revenue Totals
491 Water and Sewer Operating Revenue Capital Projects Fund
Transfers from Other Funds
Fund 491 Revenue Totals
492 Engineering & Highways General Revenue Capital ProJects Fund
Transfers from Other Funds
Fund 492 Revenue Totals
Transfers from Other Funds
493
Resort Program Capital Project Fund
Fund 493 Revenue Totals
495
Transfers from Other Funds
School General Revenue Capital Projects Fund
Fund 495 Revenue Totals
496 Parks and Recreation General Revenue Capital Projects Fund
Transfers from Other Funds
Fund 496 Revenue Totals
FY 1999-00
Budget
2,640,797
69,722,257
162,147
4,144,832
100,000
76,770,033
112,200
2,442,000
2,554,200
120,000
9,649,747
100,000
350,000
7,758,192
543,000
18,520,939
40,000
5,707,118
500,000
85,025
6,332,143
18,000
18,517
1,558,427
258,803
1,853,747
225,000
9,288,614
3,117,681
315,000
12,946,295
81,838,895
2,066,679
83,905,574
3,000,000
3,000,000
10,999,603
10,999,603
900,000
900,000
2,070,090
2,070,090
3,105,073
3,105,073
497 Buildings General Revenue Capital Projects Fund
Transfers from Other Funds
Transfers from Other Funds
Revenue from Local Sources
Miscellaneous Revenue
Total Budget Revenues
Less Interfund Transfers
NET BUDGET REVENUES
Fund 497 Revenue Totals
498 Storm Water Capital Project Fund
Fund 498 Revenue Totals
908 City Beautification Fund
Fund 908 Revenue Totals
FY 1999-OO
Budget
11,948,778
11,948,778
3,479,260
3,479,260
12,000
12,000
1,445,974,276
376,298,502
1,069,675,774
Item IV-L I.a.(2)
- 18-
ORDINANCES
ITEM # 449 71
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Hetschober, Ctty Counctl ADOPTED:
FY 1999-2000 OPERA TING B UDGET APPROPRIA TIONS
Ordinance to estabhsh the Tax Levy on Real Estate, for Fiscal Year
2000, at One Dollar and Twenty-two Cents ($1 22) on each One Hundred
Dollars of assessed valuatton
Voting 11-0
Counctl Members Vottng ~lye.
Ltnwood O. Branch, III, Margaret L Eure, William W Harrtson, dr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
William D Sessoms, .Ir and A M "Don" Weeks
Council Members Vottng Nay.
None
Council Members Absent
None
May 11, 1999
AN ORDINANCE ESTABLISHING THE TAX LEVY
ON REAL ESTATE FOR FISCAL YEAR 2000
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6 Section 1.
AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for fiscal year 2000 taxes
8 for general purposes on all real estate, including all separate
9 classifications of real estate set forth in the Code of Virginia,
10 not exempt from taxation and not otherwise provided for in this
11 ordinance, at the rate of one dollar twenty-two cents ($1.22) on
12 each one hundred dollars ($100) of assessed valuation thereof. The
13 real property tax rates that have been prescribed in this section
14 shall be applied on the basis of one hundred percentum of the fair
15 market value of such real property, except for public service real
16 property, which shall be on the basis as provided in Section 58.1-
17 2604 of the Code of Virginia.
18
19
20
21
22
23
24
25
26
Section 2.
AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL
EQUIPMENT AND FACILITIES" CLASSIFIED AS REAL
ESTATE, "CERTIFIED STORM WATER MANAGEMENT
DEVELOPMENTS AND PROPERTY," "CERTIFIED SOLAR
ENERGY RECYCLING EQUIPMENT, FACILITIES OR
DEVICES" CLASSIFIED AS REAL ESTATE, AND
"ENVIRONMENTAL RESTORATION SITES," REAL ESTATE
IMPROVED BY EROSION CONTROLS, AND CERTAIN
WETLANDS AND RIPARIAN BUFFERS.
27
In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-
28 3661, 58.1-3664, 58.1-3665 and 58.1-3666,of the Code of Virginia,
29 there shall be levied and collected for general purposes for fiscal
30 year 2000, taxes on all real estate (a) certified by the
31 Commonwealth of Virginia as "Certified Pollution Control Equipment
32 and Facilities," (b) certified by the Department of Environmental
33 Quality as "Certified Storm Water Management Developments and
34 Property," (c) certified as provided by Code of Virginia Section
35 58.1-3661 as "Certified Solar Energy Equipment, Facilities or
36 Devices," or "Certified Recycling Equipment, Facilities or
37 Devices," (d) defined by Code of Virginia Section 58.1-3664 as an
38 "Environmental Restoration Site," (e) improved to control erosion
39 as defined by Code of Virginia § 58.1-3665, or (f) wetlands and
40 riparian buffer as described by Code of Virginia § 58.1-3666, not
41 exempt from taxation, at a rate of one dollar twenty-two cents
42 ($1.22) on each one hundred dollars of assessed valuation thereof.
43 The real property tax rates imposed in this section shall be
44 applied on the basis of one hundred percentum of fair market value
45 of such real property except for public service property, which
46 shall be on the basis as provided in Section 58.1-2604 of the Code
47 of Virginia.
48
49
50
51
Section 3.
AMOUNT OF LEVY ON REAL ESTATE WITHIN THE
SANDBRIDGE SPECIAL SERVICE DISTRICT.
There shall be levied and collected for fiscal year 2000,
52 taxes for the special purpose of providing beach and shoreline
53 restoration and management at Sandbridge on all real estate within
54 the Sandbridge Special Service District, not exempt from taxation,
55 at the rate of twelve cents ($.12) per annum on each one hundred
56 dollars ($100) of assessed value thereof. This real estate tax
57 rate shall be in addition to the real estate tax rate set forth in
58 Section 1 of this ordinance. The real estate tax rate imposed
59 herein shall be applied on the basis on one hundred percentum of
60 the fair market value of such real property except public service
61 real property, which shall be on the basis as provided in Section
62 58.1-2604 of the Code of Virginia.
63 Section 4. SEVERABILITY.
64
If any portion of this ordinance is for any reason declared to
65 be unconstitutional or invalid, such decision shall not affect the
66 validity of the remaining portions of this ordinance.
67 Section 5.
EFFECTIVE DATE.
68
The effective date of this ordinance shall be July 1, 1999.
69
70
71
Adopted by the Council of the City of Virginia Beach, Virginia, on
the llth day of May, 1999.
72
Requires an affirmative vote by a majority of the members
73 of City Council.
74
75
76
77
CA-7308
ORDIN\NONCODE\TAX LEVY REAL ESTATE FY 1999-2000
APRIL 30, 1999
R2
Item IV-I. l. a. ($)
- 19-
ORDINANCES
ITEM # 449 72
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Hetschober, City Counctl ADOPTED:
FY 1999-2000 OPERA TING BUDGET APPROPRIATIONS
Ordinance to estabhsh the Tax Levy on Personal Property, for the
Calendar Year2000, at Three Dollars and Seventy Cents ($3 70) on each
One Hundred Dollars of assessed valuatton, and, on Machinery and
Tools at One Dollar ($1 00) on each One Hundred Dollars of assessed
valuatton
Voting. 11-0
Counctl Members Voting Aye
Linwood 0 Branch, III, Margaret L. Eure, William W Harrtson, Jr,
HaroM Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 11, 1999
AN ORDINANCE ESTABLISHING THE TAX
LEVY ON PERSONAL PROPERTY AND
MACHINERY AND TOOLS FOR THE
CALENDAR YEAR 2000.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 Section 1.
8
AMOUNT OF LEVY ON TANGIBLE PERSONAL
PROPERTY.
In accordance with Chapter 35 of Title 58.1 of the Code
10 of Virginia, there shall be levied and collected for general
11 purposes for the calendar year 2000 taxes on all tangible personal
12 property, including all separate classifications of personal
13 property set forth in the Code of Virginia, not exempt from
14 taxation and not otherwise provided for in this ordinance, at the
15 rate of three dollars and seventy cents ($3.70) on each one hundred
16 dollars ($100) assessed valuation thereof.
17
In accordance with Section 58.1-3504 of the Code of
18 Virginia (1950), as amended, certain household goods and personal
19 effects as defined therein shall be exempt from taxation.
20 Section 2.
AMOUNT OF LEVY ON MANUFACTURED HOMES.
21
In accordance with Section 58.1-3506 (A) (8) of the Code
22 of Virginia, there shall be levied and collected for general
23 purposes for the calendar year 2000 taxes on all vehicles without
24 motor power used or designated to be used as manufactured homes as
25 defined by Section 36-85.3 of the Code of Virginia, at the rate of
26 one dollar twenty-two cents ($1.22) on each one hundred dollars
27 ($100) of assessed valuation thereof.
28 Section 3.
29
AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT
WEIGHING FIVE TONS OR MORE.
30
In accordance with Section 58.1-3506 (A) (1) of the Code
31 of Virginia, there shall be levied and collected for general
32 purposes for the calendar year 2000 taxes on all boats or
33 watercraft weighing five (5) tons or more at the rate of one dollar
34 and fifty cents ($1.50) on each one hundred dollars ($100) of
35 assessed valuation thereof.
36
37
38
39
40
41
42
Section 4.
AMOUNT OF LEVY ON "CERTIFIED POLLUTION
CONTROL EQUIPMENT AND FACILITIES," AND
"CERTIFIED SOLAR ENERGY OR RECYCLING
EQUIPMENT, FACILITIES OR DEVICES,"
CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
In accordance with Sections 58.1-3660 (A) and 58.1-3661
43 of the Code of Virginia, there shall be levied and collected for
44 general purposes for the calendar year 2000 taxes on all tangible
45 personal property (a) certified by the Commonwealth of Virginia as
46 "Certified Pollution Control Equipment and Facilities," or (b)
47 certified as provided by Code of Virginia Section 58.1-3661 as
48 "Certified Solar Energy or Recycling Equipment, Facilities or
49 Devices," not exempt from taxation, at the rate of three dollars
50 and seventy cents ($3.70) on each one hundred dollars ($100) of
51 assessed valuation thereof.
52 Section 5.
AMOUNT OF LEVY ON MACHINERY AND TOOLS.
53
In accordance with Section 58.1-3507 of the Code of
54 Virginia, there shall be levied and collected for general purposes
55 for the calendar year 2000 taxes on machinery and tools, including
56 machinery and tools used directly in the harvesting of forest
57 products or semiconductor manufacturing, not exempt from taxation,
58 at the rate of one dollar ($1) on each one hundred dollars ($100)
59 of assessed valuation thereof.
60 Section 6.
61
AMOUNT OF LEVY ON AIRCRAFT AND FLIGHT
SIMULATORS.
In accordance with Section 58.1-3506 (A) (2,3) of the Code
63 of Virginia, there shall be levied and collected for general
64 purposes for the calendar year 2000 taxes on all aircraft and
65 flight simulators, at the rate of three dollars and seventy cents
66 ($3.70) on each one hundred dollars ($100) of assessed valuation
67 thereof.
68 Section 7.
AMOUNT OF LEVY ON ANTIQUE MOTOR VEHICLES.
69
In accordance with Section 58.1-3506 (A) (4) of the Code
70 of Virginia, there shall be levied and collected for general
71 purposes for the calendar year 2000 taxes on all antique motor
72 vehicles as defined in Section 46.2-100 of the Code of Virginia,
73 which may be used for general transportation purposes as provided
74 in subsection C of Section 46.2-730 of the Code of Virginia, at the
75 rate of three dollars and seventy cents ($3.70) on each one hundred
76 dollars ($100) of assessed valuation thereof.
77 Section 8.
78
AMOUNT OF LEVY ON HEAVY CONSTRUCTION
EQUIPMENT.
79
In accordance with Section 58.1-3506 (A) (6) of the Code
80 of Virginia, there shall be levied and collected for general
81 purposes for the calendar year 2000 taxes on all heavy construction
82 equipment, at the rate of three dollars and seventy cents ($3.70)
83 on each one hundred dollars ($100) of assessed valuation thereof.
84
85
86
87
88
Section 9.
AMOUNT OF LEVY ON RESEARCH AND
DEVELOPMENT BUSINESS TANGIBLE PERSONAL
PROPERTY.
In accordance with Section 58.1-3506 (A) (5) of the Code
89 of Virginia, there shall be levied and collected for general
90 purposes for the calendar year 2000 taxes on all tangible personal
91 property used in research and development businesses, not exempt
92 from taxation, at the rate of one dollar ($1) on each one hundred
93 dollars ($100) of assessed valuation thereof.
94 Section 10.
95
AMOUNT OF LEVY ON ENERGY CONVERSION
EQUIPMENT.
96
In accordance with Section 58.1-3506 (A) (7) of the Code
97 of Virginia, there shall be levied and collected for general
98 purposes for the calendar year 2000 taxes on all energy conversion
99 equipment, as described in Code of Virginia § 58.1-3506 (A) (7), at
100 the rate of one dollar ($1) on each one hundred dollars ($100) of
101 assessed valuation thereof.
102 Section 11.
103
AMOUNT OF LEVY ON CERTAIN COMPUTER
HARDWARE.
104
In accordance with Section 58.1-3506 (A) (9) of the Code
105 of Virginia, there shall be levied and collected for general
106 purposes for the calendar year 2000 taxes on all computer hardware
107 used by businesses primarily engaged in providing data processing
108 services to other nonrelated or nonaffiliated businesses, not
109 exempt from taxation, at the rate of three dollars and seventy
110 cents ($3.70) on each one hundred dollars ($100) of assessed
111 valuation thereof.
112
113
114
Section 12.
AMOUNT OF LEVY ON PRIVATELY OWNED
PLEASURE BOATS AND WATERCRAFT USED FOR
RECREATIONAL PURPOSES ONLY.
115
In accordance with Section 58.1-3506 (A)(10) of the Code
116 of Virginia, there shall be levied and collected for general
117 purposes for the calendar year 2000 taxes on all privately owned
118 pleasure boats and watercraft used for recreational purposes only,
119 at the rate of one dollar and fifty cents ($1.50) on each one
120 hundred dollars ($100) of assessed valuation thereof.
121
122
123
Section 13.
AMOUNT OF LEVY ON PRIVATELY OWNED CAMPING
TRAILERS AND MOTOR HOMES USED FOR
RECREATIONAL PURPOSES ONLY.
124
In accordance with Section 58.1-3506 (A) (16) of the Code
125 of Virginia, there shall be levied and collected for general
126 purposes for the calendar year 2000 taxes on all privately owned
127 camping trailers and motor homes as defined in Section 46.2-100 of
128 the Code of Virginia, which are used for recreational purposes
129 only, at the rate of one dollar and fifty cents ($1.50) on each one
130 hundred dollars ($100) of assessed valuation thereof.
131 Section 14.
132
AMOUNT OF LEVY ON ONE MOTOR VEHICLE OWNED
AND REGULARLY USED BY A DISABLED VETERAN.
133
In accordance with Section 58.1-3506(A) (17) of the Code
134 of Virginia, there shall be a reduced tax levy rate of one dollar
135 and fifty cents ($1.50) on each one hundred dollars ($100) of
136 assessed valuation on one (1) motor vehicle owned and regularly
137 used by a veteran who has either lost, or lost the use of, one or
138 both legs, or an arm or a hand, or who is blind, or who is
139 permanently and totally disabled as certified by the Department of
140 Veterans' Affairs. Any motor vehicles in addition to the one (1)
141 so taxed shall not qualify for the taxation at the rate established
142 herein, and shall be taxed at the rate or rates applicable to that
143 class of property. To qualify, the veteran shall provide a written
144 statement to the Commissioner of the Revenue from the Department of
145 Veterans' Affairs that the veteran has been so designated or
146 classified by the Department of Veterans' Affairs as to meet the
147 requirements of Section 58.1-3506(A) (17), and that his or her
148 disability is service connected. For purposes of this ordinance,
149 a person is blind if he or she meets the provisions of Section
150 46.2-739 of the Code of Virginia.
151
152
153
Section 15.
AMOUNT OF LEVY ON MOTOR VEHICLES,
TRAILERS AND SEMITRAILERS WITH A GROSS
VEHICLE WEIGHT OF 10,000 POUNDS OR MORE.
154
In accordance with Section 58.1-3506 (A) (23) of the Code
155 of Virginia, there shall be levied and collected for general
156 purposes for the calendar year 2000 taxes on all motor vehicles,
157 trailers and semitrailers with a gross vehicle weight of 10,000
158 pounds or more used to transport property for hire by a motor
159 carrier engaged in interstate commerce at the rate of one dollar
160 ($1) on each one hundred dollars ($100) of assessed valuation
161 thereof.
162
163
164
165
166
Section 16.
AMOUNT OF LEVY ON A MOTOR VEHICLE OWNED
AND USED PRIMARILY BY OR FOR SOMEONE AT
LEAST SIXTY-FIVE YEARS OF AGE OR ANYONE
FOUND TO BE PERMANENTLY AND TOTALLY
DISABLED.
167
a. In accordance with Sections 58.1-3506.1 et seq. of
168 the Code of Virginia, there shall be a reduced tax levy rate of
169 three dollars ($3.00) on each one hundred dollars ($100.00) of
170 assessed valuation on one (1) automobile or pickup truck owned and
171 used primarily by or for anyone at least sixty-five years of age or
172 anyone found to be permanently and totally disabled, as defined in
173 Section 58.1-3506.3 of the Code of Virginia, subject to the
174 following conditions:
175
1. The total combined income received, excluding
176 the first $7,500 of income, from all sources during calendar year
177 1999 by the owner of the motor vehicle shal.1 not exceed twenty-two
178 thousand dollars ($22,000).
179
2. The owner's net financial worth, including the
180 present value of all equitable interests, as of December 31 of
181 calendar year 1999, excluding the value of the principal residence
182 and the land, not exceeding one (1) acre, upon which it is
183 situated, shall not exceed seventy thousand dollars ($70,000).
184
3. Ail income and net worth limitations shall be
185 computed by aggregating the income and assets, as the case may be,
186 of a husband and wife who reside in the same dwelling and shall be
187 applied to any owner of the motor vehicle who seeks the benefit of
188 the preferential tax rate permitted under this ordinance,
189 irrespective of how such motor vehicle may be titled.
190
b. Any such motor vehicle owned by a husband and wife
191 may qualify if either spouse is sixty-five or over or if either
192 spouse is permanently and totally disabled, and the conditions set
193 forth in subsection (a) have been satisfied.
194 Section 17. ASSESSED VALUE DETERMINATION.
195
In accordance with Section 58.1-3103 of the Code of
196 Virginia, personal property mentioned in the above sections shall
197 be assessed at actual fair market value, to be determined by the
198 Commissioner of the Revenue for the City of Virginia Beach.
199
Section 18. SEVERABILITY.
200
If any portion of this ordinance is for any reason
201 declared to be unconstitutional or invalid, such decision shall not
202 affect the validity of the remaining portions of this ordinance.
203 Section 19.
EFFECTIVE DATE.
204
This ordinance shall be effective January 1, 2000.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11tn day of May, 1999.
Requires an affirmative vote by a majority of the members
of City Council.
CA-7309
ORDIN\NONCODE\TAX LEVY PERSONAL PROPERTY-TOOLS.ORD
APRIL 29,1999
R2
APPROVED AS TO CONTENT:
Management Servi~
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
Item IV-l.l.a.(4)
- 20-
ORDINANCES
ITEM # 449 75
RESOURCE MANAGEMENT PLAN - Community For a Lifetime
(As proposed)
Upon motion by Vice Mayor Sessoms, seconded by Councdman Hetschober, Ctty Councd ADOPTED:
FY 1999-2000 OPERA TING BUDGET APPROPRIATIONS
Orchnance to authorize the Ctty Manager to submtt an Annual Funding
Plan to the Untted States Department of Houstng and Urban
Development (HUD).
Voting: 11-0
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlliam D. Sessoms, Jr and A M "Don" Weeks
Councd Members Voting Nay
None
Counctl Members Absent
None
May 11, 1999
AN ORDINANCE TO AUTHORIZE THE CITY
MANAGER TO SUBMIT AN ANNUAL FUNDING
PLAN TO THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
WHEREAS, the United States Congress has established
6 legislation designated as the Housing and Community Development Act
7 of 1974 that sets forth the development of viable urban communities
8 as a national goal;
WHEREAS, there is federal assistance available for the
10 support of Community Development and Housing activities directed
11 toward specific objectives, such as eliminating deteriorated
12 conditions in low and moderate income neighborhoods that are
13 detrimental to the public health, safety, and welfare, as well as
14 improving the City's housing stock and community services, along
15 with other related activities; and
16
WHEREAS, as a prerequisite to receiving the above-
17 referenced federal assistance, the City of Virginia Beach has
18 developed an Annual Funding Plan for submission to the Department
19 of Housing and Urban Development and has created the necessary
20 mechanisms for its implementation in compliance with federal and
21 local directives.
22
23
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
24
That the City Manager is hereby authorized and directed,
25 as the executive and administrative head of the City, to submit the
26 City's FY 1999-00 Annual Funding Plan (the "Plan") and amendments
27 thereto, along with understandings and assurances contained therein
28 and such additional information as may be required, to the
29 Department of Housing and Urban Development to permit the review,
30 approval, and funding of the Plan.
31
32
33
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11th day of May, 1999.
34
35
36
37
38
39
40
41
42
43
44
45
46
47
CA-7310
ORDIN\NONCODE\U.S.HOUSING & URBAN DEV. ORD
APRIL 23, 1999
R2
APPROVED AS TO CONTENT:
Management Servic~~
APPROVED AS TO LEGAL
SUFFICIENCY:
~epartment of ~
Item IV-I. l. a. ($)
- 21 -
ORDINANCES
ITEM # 449 74
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Hetschober, Ctty Counctl ADOPTED:
FY 1999-2000 OPERA TING B UDGET APPROPRIA TIONS
Ordtnance to AMEND Secttons 35-254 and 35-264 of the Ctty Code re
the E-911 Tax by ehmtnating a sunset provision that would have
reduced the tax as well as language spectfically allocattng E-911 tax
revenues
Vottng. 11-0
Council Members Votmg Aye'
Linwood 0 Branch, III, Margaret L. Eure, Wtlliam W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba $
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and A M. "Don" Weeks
Council Members Vottng Nay'
None
Counctl Members ~lbsent
None
May 11, 1999
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE E-911 TAX BY ELIMINATING A SUNSET
PROVISION THAT WOULD HAVE REDUCED THE TAX, AS
WELL AS LANGUAGE THAT SPECIFICALLY ALLOCATES
E-911 TAX REVENUES
SECTIONS AMENDED: §§ 35-254 and 35-264
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
10
That Sections 35-254 and 35-264 of the City Code are hereby
11 amended and reordained to read as follows:
12 Sec. 35-254. Imposed.
13
(a) Pursuant to section 58.1-3812 of the Code of Virginia, as
14 amended, there is hereby imposed and levied on every taxable
15 purchase by a consumer of local telecommunication service, when
16 such consumer's service address is located in the city, a tax at a
17 rate equal to twenty (20) percent of the monthly gross charge to
18 the consumer of such service; provided, however, that this tax
19 shall not be applicable to any amount so charged in excess of
20 fifteen dollars ($15.00) per month for each residential consumer.
21
(b) Pursuant to section 58.1-3812 of the Code of Virginia, as
22 amended, there is hereby imposed and levied on every taxable
23 purchase by a consumer of mobile local telecommunication service,
24 when such consumer's service address is located in the city, a tax
25 at a rate equal to ten (10) percent of the monthly gross charge to
26 the consumer of such service; provided, however, that this tax
27 shall not be applicable to any amount so charged in excess of
28
29
thirty dollars ($30.00) per month for each mobile service customer.
Pursuant to section 58.1-3812.B. of the Code of Virginia, as
30 amended, the tax imposed and levied by this subsection (b) shall be
31 effective sixty (60) days subsequent to written notice by certified
32 mail to the registered agent of the service provider that is
33 required to collect the tax.
34 (c) With respect to commercial consumers of local
35 telecommunication service, the tax shall be twenty (20) percent on
36 basic charges for local telephone service, and all other services
37 provided in connection with local telephone service shall be taxed
38 at four (4) percent. The tax imposed by this section shall not be
39 applied to any portion of a monthly charge for any single telephone
40 utility service to a commercial or industrial consumer that exceeds
41 five hundred dollars ($500.00) .
42
(d) In addition to the taxes imposed by subsections (a), (b)
43 and (c) of this section, there is hereby imposed and levied on
44 every consumer of local telephone service, pursuant to section
45 58.1-3813 of the Code of Virginia, as amended, a tax in the amount
46 of one dollar and ninety-five cents ($1.95) per month ccmmcncing
47
48
49
50
51
52
53
54
..... 4~ ~i ~ for ~m~ ~4~ ....... for ~4~qtc~qa,qcc rcpalr ....
55
56
57
The tax imposed by this
58 subsection (d) shall not apply to any local telephone servmce where
59 a periodic bill is not rendered.
61
62
63
64
This ordinance is effective immediately.
65
66
67
68
69
70
71
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this llth day of May, 1999.
CA-7268
DATA/OD IN/PROPOSED / 35 - 254 e t. ORD
R2
PREPARED: April 23, 1999
Item IV-I.l.a.(6)
- 22 -
ORDINANCES
ITEM # 449 75
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
Upon motton by Vice Mayor Sessoms, seconded by Councilman Hetschober, Ctty Counctl ADOPTED:
FY 1999-2000 OPERA TING BUDGET APPROPRIATIONS
Ordinance to AMEND Secttons 8-31, 8-32, 8-33, 8-34 and 8-56 of the
Ctty Code re increasing Permit and lnspection fees for butldtngs, other
structures and plumbtng, electrtcal and mechanical work
Vottng 11-0
Council Members Voting Aye'
Ltnwood 0 Branch, III, Margaret L. Eure, Wdham W Harrison, Jr.,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
William D Sessoms, Jr and A. M "Don" Weeks
Counctl Members Voting Nay
None
Counctl Members Absent'
None
May 11, 1999
AN ORDINANCE TO AMEND THE CITY CODE BY
INCREASING PERMIT AND INSPECTION FEES FOR
BUILDINGS, OTHER STRUCTURES, AND PLUMBING,
ELECTRICAL AND MECHANICAL WORK
SECTIONS AMENDED: §§ 8-31, 8-32, 8-33, 8-34,
and 8-56
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 8-31, 8-32, 8-33, 8-34, and 8-56 of the City
10 Code are hereby amended and reordained to read as follows:
11 Sec. 8-31.
Permit fees--Building permits.
12
(a) It shall be unlawful for any person to construct,
13 enlarge, alter, repair or demolish any building or structure as
14 defined in the Virginia Uniform Statewide Building Code without
15 first obtaining a building permit therefor and paying the permit
16 fees set forth in this section.
17
(b) The minimum fee for any building permit shall be
18 twenty-five dollars ($25.00) .
19
(c) For the construction of any building or addition thereto
20 where the floor area is increased and for the installation or
21 erection of any industrialized building unit, the fee shall be
22 based on the floor area to be constructed, as computed from
23 exterior building dimensions at each floor, as follows:
24
(1) Residential--living area--Twenty-five dollars ($25.00)
25
26
seven dollars '~- ~ ($7 00) for each
27
hundred (100) square feet or fraction thereof.
28
(2) Residential--nonheated building area (residential
29
accessory buildings and structures)--Twenty-five dollars
30
31
four dollars ($4.00) for each =~-~:'"~~...,.,,,,..,... one hundred
32 (100) square feet or fraction thereof.
33 (3) Businesses/mercantile--building area--Twenty-five dollars
34
35
scvcn eight dollars ($7.00) ($8.00) for each addltlonal
36
one hundred (100) square feet or fraction thereof.
37
(4) Institutional--building area--Twenty-five dollars
38
($2 ) fo thc ~'-~ ~-~ ~"~-~ '~ ....... ~* pl
5 00 r .............. ~, ~ ........
..... US
39
scvcn eight dollars ($7.00) ($8.00) for each additional
40
one hundred (100) square feet or fraction thereof.
41
(5) Assembly, churches, and government buildings--building
42
area--Twenty-five dollars ($25 00) ~-~ ~^ ~'~* ~-~
43
44
($7.00) ($8.00) for each additional one hundred (100)
45
square feet or fraction thereof.
46
(6) Storage--building area--Twenty-five dollars ($25.00) for
47
thc first onc hundrcd (I00) squarc fcct plus four dollars
48
add ........ one hundred (100) square feet
($4.00) for each ~' ~ ~'~ ~
49
or fraction thereof.
50
(7) Hazardous
storage or
occupancy- -building
51
area--Twenty-five dollars ($25.00) for thc first onc
52
~"-~-^~ "~ ......... pi ~ .... iqht ( )
......... ,~, ~ .... f~t us .... e_ dollars ~=.~ 00
53
($8.00) for each additional one hundred (100) square feet
54
or fraction thereof.
55
(8) Industrial--building area--Twenty-five dollars ($25.00)
56
57
eight dollars '~= ~ ($8 00) for each -~~--~]
~w~ · ~, · ,.,,.,,.,~.,.~.,.,,,,.,.,. one
_
58
hundred (100) square feet or fraction thereof.
59
(9) Farm buildings--building area--Twenty-five dollars
60
($25.00),=--~, t~,,~ first cna ,,~,,~~"-~--~ (I00)=~,~ ...... c ~t pius
61 three dollars ($3.00) for each additional one hundred
62
(100) square feet or fraction thereof·
63
Farm buildings and structures shall be subject to
64
the requirements of this section; provided, however, that
65
farm buildings and structures not used for residential
66
purposes shall not be subject to the technical
67
requirements of the Virginia Uniform Statewide Building
68
Code.
69
(10) Alterations, repairs, private piers, bulkheads, pools,
70
elevators, commercial interior finish, miscellaneous
71
structures and structures located in a Chesapeake Bay
72
Preservation Area or a Southern Watersheds Area for which
73
a permit fee is not otherwise prescribed by this section,
74
including, but not limited to, patios and driveways~ --
75
value of construction -- Twenty-five dollars ($25.00)
76
plus five dollars ($5.00) for each one thousand dollars
77
($1,000.00) of value of construction or fraction thereof.
78
a ·
79
80
($25.oo).
81
b ·
82
($I 0n~ ~) ~- =-^ ~~ ~^ twenty ~4.,~ m~l~_~
83
84
additional ~-^ ~ ...... 4 ":"~ TM "'""'" ~'~', nnn nn% .-.-,,..
85
86
(11) Moving of buildings or structures: For the moving of any
87
building or structure into, out of, through or within the
88
city, the fee shall be calculated in accordance with
89
subsection (c) (1).
90 (12) Demolitions: For the demolition of any building or
91
structure, the fee shall be fifty dollars ($50.00).
92
(13) Signs:
93
a. Fees for the erection, painting, placing,
94
replacing, repairing, hanging or rehanging of signs
95
shall be based on the total surface area of all
96
sign faces, and shall be as follows:
97
1. Single-face signs:
98
4--32 square feet .... $ ~ 46.00
99
33--75 square feet .... 60.00 69.00
100
76--150 square feet .... 100.00 115.00
101
2. Double-face signs:
102
4--32 square feet
92.00
103
33--75 square feet .... 100.00 115.00
104
76--150 square feet .... 120.00 138.00
105
b. The fee for a permit for the repair of a billboard
106
shall be in accordance with subsection (c) (10) .
107
c. Fees for the erection, painting, placing,
108
replacing, repairing, hanging or rehanging of
109
temporary signs shall be in an amount equal to
110
one-half of the fee chargeable for permanent signs
111
of like size.
112
(14) Administrative fee: If any construction, alteration,
113
repair, or other work requiring a permit under this
114
article is commenced before a permit is secured and fee
115
paid for same, an administrative fee of one hundred
116
dollars ($100.00) shall be added to the fee due. Payment
117
of such administrative fee shall not in any way relieve
118
the violator of any criminal prosecution.
119 (15) Tents: Tents and other temporary structures permit fee
120
shall be twenty-five dollars ($25.00).
121
(16) Reinspection fee: There shall be a minimum of twcnty five
122
thirty-five dollars (~
~-~.00) ($35.00) additional fee
123
charged for each reinspection.
124
(17) Appeal: The fee for submitting an appeal to the board of
125
building code appeals shall be scvcnty fi'cc one hundred
126
dollars,~'~=,~.vv,~ ($100.00) . Such fee shall be paid by the
127
appellant.
128
(18) Rcconncct or e~hange of use/certificate of occupancy for
129
ex st ng structure
130
131
(a) The minimum fee for the inspection of any new
132
construction or existinq structure requested by the
133
oermit holder shall be twenty-five dollars ($25.00)
134
for each inspection.
135
(b) The minimum fee associated with a chanqe of use or
136
request for a certificate of occupancy for an
137
existinq structure or structures on the same
138
property shall be fifty dollars ($50.00).
139
(19) Application for septic tank soil evaluation: The fee
140
shall be fifty dollars ($50.00) paid at the time of
141
application. If the application is approved, the septic
142
tank permit shall be issued with no additional fee.
143
(20) There shall be a deposit fee of one hundred dollars
144
($100.00) for review of commercial plans which shall be
145
applied towards the building fee at the time of issuance.
146 Sec. 8-32. Same--Plumbing permits.
147
(a) The fee for a permit for plumbing work, as required by
148 the building code, shall be twenty-five dollars ($25.00) and,
149 addition thereto, the following:
150
(1) Each plumbing fixture, floor drain or tap: Five Six
151
dollars ($5.00) ($6.00) .
152
(2) Each house sewer connection: Twenty-five dollars
153 ($25.00) .
154
(3) Each house water connection: Twenty-five dollars
155 ($25.00) .
156 (4) On-site sanitary sewer collector lines; one
157
building--twenty-five dollars ($25.00), two (2) or more
158
buildings--fifty dollars ($50.00) for each buildinq.
159
(5) On-site potable water distribution lines: one
160
building--twenty-five dollars ($25.00), two (2) or more
161
buildings--fifty dollars ($50.00) for each buildinq.
162
(6) Public utilities ultra low flush toilet program:
163
Twenty-five dollars ($25.00) for the first three (3)
164
toilets plus five dollars ($5.00) for each toilet over
165 three (3) .
166
(b) The fees prescribed in this section shall be in addition
167 to the sewer and water connection fees and charges provided for in
168 chapters 28 and 37 of this Code.
169
(c) On any plumbing work commenced before a plumbing permit
170 has been issued and the requisite fee paid therefor, an
171 administrative fee of one hundred dollars ($100.00) per unit shall
172 be added to the fee due. Payment of such administrative fee shall
173 not in any way relieve the violator from such penalties as may be
174 imposed by the courts.
175
176
Sec. 8-33.
Same--Mechanical, life safety, elevator and gas
permits.
177
178
179
180
181
182
183
184
185
186 ~ .... ~
t ........ The minimum fee for the installation or replacement of
187 mechanical/life safety systems or equipment shall be twenty-five
188 dollars ($25.00) plus five dollars ($5.00) for each one thousand
189 dollars ($1,000.00) of value or fraction thereof.
190
(b) The minimum fee for the installation of qas outlets for
191 a qas piping system shall be twenty-five dollars ($25.00) plus four
192 dollars ($4.00) for each outlet.
193
(c) The minimum fee for the relocation of a qas meter shall
194 be thirty dollars ($30.00) .
195
(~) For annual inspections of elevators and escalators, the
196 fee shall be as follows:
197
(1) Annual safety test and inspection:
198
a. Tractor/cable elevator--S100.00
199
b. Hydraulic elevator--S100.00
200
c. Freight elevators--S100.00
201
d. Escalator--S100.00
202
(2) Five-year full rate load safety test and inspection:
203
a. Tractor/cable elevators--S100.00
204 (eg) On any mechanical, life safety, elevator or qas work
205 commenced before a mechanical permit has been issued and the
206 requisite fee paid therefor, an administrative fee of one hundred
207 dollars ($100.00) per unit shall be added to the fee due. Payment
208 of such administrative fee shall not in any way relieve the
209 violator from such penalties as may be imposed by the courts.
210 Sec. 8-34.
Same--Electrical permits.
211
(a) The fee for a permit for electrical work, as required by
212 the building code, shall be as specified in this section.
213
(b) There shall be charged a minimum fee of twcnty fivc
214 thirty dollars (~5 00) ($30 00) for each permit issued
215
(c) For a permit issued for a temporary service, such as a
216 trailer, house meter or meter loop added to an existing service,
217
,~ nn~ ($30 00)
the fee shall be t;;'cnty fivc thirty dollars ,~ ..... , . .
218
(d) For a permit for any special condition, such as and
219 including temporary electrical release for construction purposes,
220 buildings moved, swimming pools, carnivals, services relocated but
221 not increased and the like, the fee shall be a minimum of
222
twcnty~v~--~ thirty dollars ,,~.vv,'~= ~ ($30.00) . The fee for a permit
223 for prefabricated buildings for out-of-city use shall be
224 twenty fivc thirty dollars ($25.00) ($30.00) .
225
(e) For a permit issued for original construction, the
226 following fees include all equipment outlets only if specifically
227 listed on the application and installed by the permit holder before
228 the final inspection, such fees being based on the maximum current
229 carrying capacity of each set or subset of service conductors
230 installed, to the nearest fifty (50) amperes:
231 (1) Single-phase: Twenty-five dollars ($25.00) plus fiftccn
232
twenty dollars~-~ ($20.00)for each additional fifty
233
(50) amperes.
234
(2) Three-phase: F~fty~ Seventy-five dollars (~v.00)($75.00)
235
for the first fifty (50) amperes plus twenty dollars
236
($20.00) for each additional fifty (50) amperes.
237 When services are increased or phases added, the fee shall be
238 one-half the rate above, plus the added equipment fee. For fee
239 purposes, the service-panel nameplate amperage rating shall be
240 used.
241
(f) For each piece of equipment connected and for each
242 circuit or feeder installed, extended, relocated or repaired, the
243 fee shall be twenty-five dollars ($25.00) plus five dollars ($5.00)
244 per circuit.
245
(g) On any electrical work commenced before an electrical
246 permit has been issued and the requisite fee paid therefor, an
247 administrative fee of one hundred dollars ($100.00) per unit shall
248 be added to the fee due. Payment of such administrative fee shall
249 not in any way relieve the violator from such penalties as may be
250 imposed by the courts.
251
252
Sec. 8-56. Service charge for additional inspections due to
faulty work, premature inspection requests, etc.
253
Whenever an inspector for the division of permits and
254 inspections shall determine that inspections, in addition to those
255 required in this division, are necessary owing to the failure of a
256
257
contractor or other person to properly correct faulty work, or
where a contractor or other person has requested an inspection
258 before the work to be inspected has been completed to the degree
259 required, or where the inspector cannot obtain reasonable access to
260 the work to be inspected, he may assess a service charge of
261 twcnty fivc thirty-five dollars ~ $35.00) for each
262 additional inspection visit. Such charge shall be chargeable to the
263 holder of the permit covering such work and shall be paid to the
264 city at the division of permits and inspections prior to final
265 approval of such work.
266
Adopted by the City Council of the City of Virginia Beach,
267 Virginia, on this 11TM day of May, 1999.
268
269
270
271
272
CA-7263
DATA/ODIN/PROPOSED/08-031et.ORD
R3
PREPARED: March 3, 1999
10
Item IV-L I.a.(?)
- 23 -
ORDINANCES
ITEM # 449 76
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
Upon motion by Vice Mayor Sessoms, seconded by Councdman Hetschober, City Councd ADOPTED:
FY 1999-2000 OPERA TING BUDGET APPROPRIATIONS
Ordinance to extend the Gainsharing Program for ehgtble City
employees through 31 December 2000
Vottng: 10-1
Council Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Mayor Meyera
E Oberndorf Nancy K Parker, Vtce Mayor Wtlltam D. Sessoms, Jr and
A M. "Don" Weeks
Councd Members Voting Nay
Reba S McClanan
Councd Members Absent:
None
May 11, 1999
AN ORDINANCE TO EXTEND THE
GAINSHARING PROGRAM FOR ELIGIBLE
CITY EMPLOYEES THROUGH DECEMBER 31sT,
2000
WHEREAS, City Council desires to continue the Gainsharing
6 Program for City employees, which allows employees to share in
7 savings realized through organizational improvements; and
WHEREAS, the current program expired December 31, 1998.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11
1. That the Gainsharing Program is hereby extended
12 through December 31"t, 2000, and in October of each year an
13 ordinance shall be prepared that identifies and appropriates funds
14 for the program. If the necessary funds are appropriated by City
15 Council, checks for Gainsharing savings shall be issued to all
16 eligible permanent and part-time employees in November of each
17 year, in accordance with the policies governing the Gainsharing
18 Program.
19
2. That this program shall be in effect for FY 1998-99.
20
Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 11th day of May, 1999.
22
23
24
25
26
27
'28
29
CA-7312
ODIN\NONCODE\GAINSHARING FY 1999-2000.ORD
APRIL 30, 1999
R4
APPROVED AS TO CONTENT:
3O
31
32
33
APPROVED AS TO LEGAL
SUFFICIENCY:
De&W~-partment ~ Law '~
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-83 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
RECOGNITION OF HOLIDAYS FALLING ON A
WEEKEND
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
That Section 2-83 of the Code of the City of Virginia
9 Beach, Virginia, is hereby amended and reordained to read as
10 follows:
11 Sec. 2-83. Holidays.
12
(a) The following eight-hour days are designated as
13 full-paid "holidays" and shall be so observed by the city. Ail
14 permanent and probational merit employees shall be covered by the
15 provisions of this section.
16
(1) The first day of January (New Year' s Day) .
17
(2) The third Monday in January (Lee-Jackson-King Day).
18
(3) The last Monday of May (Memorial Day).
19
(4) The fourth day of July (Independence Day) .
20
(5) The first Monday of September (Labor Day).
21
(6) The eleventh day of November (Veterans Day).
22
(7) The fourth Thursday of November (Thanksgiving Day).
23
(8) The twenty-fifth day of December (Christmas Day).
24
(9) One-half of a regular workday on the twenty-fourth
25
day of December (Christmas Eve), except when
26
Christmas Eve falls on a Friday, Saturday, or
27 Sunday.
28
(10) Two (2) flexible personal holidays (to be taken as
29
a personal, national, religious, or other holiday
30
the city does not observe). Part-time employees
31 shall not be eligible for these holidays.
32 If any holiday enumerated in (1)through (8) above falls
33 on a Saturday or Sunday, the City Manager shall determine when the
34 holiday will be observed and shall so notify affected employees and
35 the public at least thirty (30) days prior to the holiday. If no
36
such notice is provided by the City Manager, then ~hen any holiday
37 enumerated in (1) through (8) above falls on a Saturday, the Friday
38 next preceding such a day shall be a holiday= ~ and ~hen any
39 holiday enumerated in (1) through (8) above falls on a Sunday, the
40 Monday next following such day shall be a holiday.
41
Adopted by the Council of the City of Virginia Beach, Virginia, on
42 on the 11th day of May, 1999.
CA-7320
ORDIN~PROPOSED\02-083.ORD
MAY 6, 1999
R4
- 24 -
Item IV-I. 1. a. (8)
ORDINANCES
ITEM # 449 77
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Hetschober, Ctty Counctl ADOPTED:
FY 1999-2000 OPERA TING BUDGET APPROPRIATIONS
Ordinances to AMEND the City Code
Secttons 2-267 and 2-442 by transferring responstbthty for Parking
Systems Management from the Department of Pubhc Works to the
Department of Conventton and Vtsttor Development
Sections 35-64 and 35-67 re exemptton or deferral of Real Estate Taxes
for elderly or disabled persons by mcreastng mcome and net worth
hmtts
Sections 5-11 1, 5-17 and 5-70 re fees for animal boarding and
impoundment
Sectton 2-83 re recogmtton of holidays falling on a weekend
Voting: 11-0
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
HaroM Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wilham D Sessoms, Jr and A M. "Don" Weeks
Counctl Members Vottng Nay'
None
Counctl Members Absent
None
May 11, 1999
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE
TAXES FOR ELDERLY OR DISABLED PERSONS BY
INCREASING INCOME AND NET WORTH LIMITS
SECTIONS AMENDED: §§ 35-64 AND 35-67
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections of the City Code are hereby amended and
9 reordained to read as follows:
10 Sec. 35-64.
11
General prerequisites to grant; effect of residency
in hospital, nursing home, etc.
12
(a) Either the exemption, deferral or freeze, but not more
13 than one, as provided for in this division shall be granted to
14 persons subject to the following provisions:
15
(1) The title to the property for which exemption, deferral
16
or freeze is claimed is held, or partially held, on June
17
thirtieth immediately preceding the taxable year, by the
18
person or persons claiming exemption, deferral or freeze
19
and is occupied as the sole dwelling of such person or
20 persons.
21
(2) The head of the household occupying the dwelling and
22
owning title or partial title thereto or either spouse in
23
a dwelling jointly held by a husband and wife is either
24
permanently and totally disabled or is sixty-five (65)
25
years of age or older on June thirtieth of the year
26
immediately preceding the taxable year; provided,
27
however, that a dwelling jointly held by a husband and
28
29
wife may qualify if either spouse is over sixty-five (65)
years of age on such date.
30
(3) For the tax exemption or deferral programs, the total
31
combined income received from all sources during the
32
preceding calendar year by: (i) the owner or owners of
33 the dwelling who use it as their principal residence and
34 (ii) the owner's or owners' relatives who live in the
35
dwelling, shall not exceed t.~:~'- ~^~~ twenty- five
36
thousand ~"-~"~-d dollars '~ =~ ~ ($25 000 00);
37
provided that the first five thousand dollars ($5,000.00)
38
of income of each relative, other than a spouse of the
39
owner, who is living in the dwelling, shall not be
40
included in such total; and provided further that the
41
first seven thousand five hundred dollars ($7,500.00) or
42
any portion thereof of income received by a permanently
43
and totally disabled owner shall not be included in such
44
total.
45
(4) For the tax freeze program, the total combined income
46
received from all sources during the preceding calendar
47
year by: (i) the owner or owners of the dwelling who use
48
it as their principal residence and (ii) the owner's or
49
owners' relatives who live in the dwelling, shall not
50
exceed thirty thousand dollars ($30,000.00); provided
51
that the first five thousand dollars ($5,000.00) of
52
income of each relative, other than a spouse of the
53
owner, who is living in the dwelling, shall not be
54
included in such total; and provided that the first seven
55
thousand five hundred dollars ($7,500.00) or any portion
56
thereof of income received by a permanently and totally
57
disabled owner shall not be included in such total.
58
(5) For the tax exemptxon or deferral programs, the net
,59
combined financial worth, including equitable interests,
60
as of December thirty-first of the year immediately
61
preceding the taxable year, of the owners, and of the
62
spouse of any owner, excluding the value of the dwelling
63 and the land (not exceeding one acre) upon which it is
64
situated shall not exceed
, ~~ one hundred thousand
65
dollars ~om mmm mm~ ($100,000 00)
66
(6) For the tax freeze program, the net combined financial
67
worth, including equitable interests, as of December
68
thirty-first of the year immediately preceding the
69
taxable year, of the owners, and of the spouse of any
70
owner, excluding the value of the dwelling and the land
71
(not exceeding one acre) upon which it is situated, shall
72
not exceed one hundred thousand dollars ($100,000.00).
73
(7) The dwelling is occupied.
74 · ·
75 Sec. 35-67. Amount of exemption.
76
When a person claiming exemption under this division conforms
77 to the standards and does not exceed the limitations contained in
78 this division, the tax exemption shall be as shown on the following
79 schedule:
8O
81
Total income,
Ail sources
Tax Exemption
82 ~
00.00 15,000.00 ($
00.00 - 16,000.00
100%
83
84
85
17,000 Ol ~ mm~ mm
16,000.01 - 18,000.00
18,000.01 - 20,000.00
80%
6O%
mOO Ol 21,000 O0
86 19, ~ . .
20,000.01 - 22,000.00
40%
87 ~1,000.01 ~,~.~n~ =mm mm 22,000.01 -- 25,000.00 20%
88 NO lien shall accrue as a result of the amount certified as exempt.
89
90
91
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 11~h day of May, 1999.
92
93
94
95
CA-7323
DATA/ODIN/PROPOSED/35-O64andO67.0RD
R2
PREPARED: April 23, 1999
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 2-267 AND 2-442 OF THE CITY
CODE BY TRANSFERRING RESPONSIBILITY
FOR PARKING SYSTEMS MANAGEMENT FROM
THE DEPARTMENT OF PUBLIC WORKS TO
THE DEPARTMENT OF CONVENTION AND
VISITOR DEVELOPMENT
SECTIONS AMENDED: §§ 2-267 and 2-442
9
10
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
11
That Sections 2-267 and 2-442 of the City Code are hereby
12 amended and reordained to read as follows:
13
14
15
Sec. 2-267. Divisions established.
There shall be, within the department of public works, the
16 following divisions:
17
(1) Engineering division.
18
(2) Highway division.
19
(3) Solid waste division.
20
(4) Traffic engineerzng dzvision.
21
(5) Office of real estate.
22
3 . . ·
24 Sec. 2-442.
25
General duties of the department of convention and
visitor development.
26
The department of convention and visitor development shall be
27 responsible for the following general duties, including any other
28 duties which may be required, assigned or prescribed:
29
(1) Travel and tourism, including, but not limited to, the
30
solicitation of tourist attractions, the development of
31
and coordination of advertising programs~ and
32
solicitation of activities and events appropriate for
33
departmental facilities,
34
A 'q,; %., ~.,; I %.. ~ ~ %,~/.~..A. ~ A A .&. & A~ q.~. A A%.A %., & A &. %.~' d. 'q., .U A A~ .~. %.. q..4. t~; 'q.~' A & q~A ~,./ .~ %.. 0~g'~ ~..A A A
37
~t~-~" ~-~ ....... ~' .... All monies received
38
from departmental event facilities and related operations
39
during each fiscal year shall be paid into the general
40
41
into ~ ..... ral ~"~
..... or such other funds as determined
42
by city council.
43
(2) Convention promotion, including, but not limited to, the
44
solicitation of conventions and the coordination of
45
housing of convention delegates.
46
(3) The operation, maintenance and manaqement of departmental
47
event facilities and public parkinq facilities includinq,
48
but not limited to, lots, on-street parkinq and garages,
49
establishinq and enforcinq reasonable rules and
50
regulations for the use of such facilities, as well as
51
revenue and cost analysis, fee standards, and concession
52 operations.
53
The effective date of this ordinance shall be July 1, 1999.
54
Adopted by the City Council of the City of virginia Beach,
55 Virginia, on this 11~ day of May, 1999.
56
57
58
59
60
CA-7321
DATA/ODIN/PROPOSED/02-267and442.0RD
R4
May 5, 1999
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 5-
11.1, 5-17 AND 5-70 OF THE CITY CODE
PERTAINING TO FEES FOR ANIMAL BOARDING AND
IMPOUNDMENT
SECTIONS AMENDED: §§ 5-11.1, 5-17 AND 5-70
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 5-11.1, 5-17 and 5-70 of the City Code are
9 hereby amended and reordained to read as follows:
10 Sec. 5-11.1. Impoundment of mistreated animals.
11
(a) It shall be the duty of any animal control officer of the
12 bureau of animal control who finds any animal subject to cruel or
13 inhumane treatment in violation of section 5-11, to take the animal
14 into custody and impound the same at a pound or enclosure meeting
15 the requirements of section 3.1-796.42 of the Code of Virginia. A
16 record shall be made of the time and place of taking such animal
17 into custody.
18
(b) If, by a license tag or any other means, the owner of an
19 animal impounded under this article can be identified, the
20 superintendent of the bureau of animal control shall, within
21 forty-eight (48) hours of such impoundment, notify the owner by
22 telephone or mail of the impoundment of the animal.
23
(c) Owners having animals impounded under this section shall
24 be charged a fee of fiftccn twenty dollars (F~-=~8~-~ ($20.00), plus
25 ~ ten dollars ($~.00) ($10.00) for each additional day or part
26 thereof that the animal is impounded. The payment of such fees
27 shall not relieve the owner from prosecution for violation of
,28 section 5-11.
29
(d) If an animal impounded under this article is not claimed
30 by its owner within five (5) days, it shall be made available for
31 adoption, if suitable, or disposed of, in accordance with the
32 provisions of section 5-71 of this Code.
33 Sec. 5-17. Fees for the impoundment of animals, generally.
34
The bureau of animal control is hereby authorized to charge
35 fees of ~ ten dollars ($~.00) ,{$10.00) per day for the care of
36 any animal impounded for any reason other than such animal being
37 subject to cruel or inhumane treatment in violation of section 5-11
38 or such animal running at large in violation of section 5-67.
39 Sec. 5-70.
Same--Minimum period; redemption by owner.
40
Dogs and cats impounded under this article shall be kept for
41 not less than five (5) days, unless sooner reclaimed by their
42 owners. An owner reclaiming such an impounded animal shall pay a
43
fee of ~'~^-- twenty dollars (~" = . plus s~--
....... ten
. ~.~.00) ($20 00) , .~
44 dollars ($~.00) ($10.00) for each additional day or part thereof
45 that the animal is impounded. The payment of such fees shall not
46 relieve the owner from prosecution for violation of section 5-67.
47
This ordinance shall be effective on July 1, 1999.
48
49
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 11th day of May, 1999.
5O
51
52
53
CA-7322
DATA/ODiN/PROPOSED/05-17and070.ORD
R2
April 30, 1999
Item IV-I.l.a.(9)
- 25 -
ORDINANCES
ITEM # 449 78
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Hetschober, Ctty Counctl ADOPTED:
FY 1999-2000 OPEIL4 TING B UDGET APPROPRIA TIONS
Ordtnances to AMEND and REORDAIN the Ctty Code re Development
Sub&vision Regulattons, Sectton 8 1 re Subdivision Plat Review
Stte Plan Ordtnance, Sectton 3 2 A 2 re Site Plan Review
Voting 11-0
Counctl Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L. Eure, Wdham W. Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdliam D Sessoms, Jr and A M "Don" Weeks
Council Members Vottng Nay'
None
Counctl Members Absent
None
May 11, 1999
AN ORDINANCE TO AMEND AND REORDAIN THE
SUBDIVISION REGULATIONS OF THE CITY CODE BY
INCREASING FEES CHARGED FOR SUBDIVISION PLAT
REVIEW
SECTION AMENDED: § 8.1 - Subdivision
Regulations
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 8.1 of the Subdivision Regulations is hereby
10 amended and reordained to read as follows:
11 Sec. 8.1. Plat fees.
12
(a) At the time preliminary subdivision plats are submitted,
13 the following fees shall be due and payable fro,m thc ~ffcct~--~ ~
14
15
(1) Residential two (2) lot plats: Two hundred ninc eiqhty
16
d ,~ r,r,, ($280 00)
ollars ~ ...... , . .
17
(2) Residential three (3) to five (5) lot plats:
18
twcnty ':~'"' '~"'~ ~ -'"'"' ~'=~= ~ S hundred dollars
~_~.v,_ ,.~,.,.,.-~-~ ~¥..,,~_,. ~, even
19
($700.00) plus one hundred four forty dollars ($I04.00)
20
($140.00) per lot.
21
(3) Residential six (6) or more lot plats: Scvcn hundrcd
22
thirty
........ ¥,~4.00) Nine hundred ninety dollars
23
($990.00) plus ~"~.~ six dollars ,w-,'~=.~,'~n~ ($6.00) per lot
24
after the first five (5) lots.
25
( ) d ti pi ° ..... ~"-~-~= ~ ty ~ .... ~i ~
4 Nonresi en al ats: ................... r .... ~
26
($732.00) Nine hundred eighty-five dollars ($985.00) plus
27
forty-two dollars '~°~ ~ ~$42 00) per lot
28
(5) AS an exception to the above, there shall be no
29
preliminary subdivision review fee for residential lot
30
plats in the AG-1 and AG-2 Agricultural Districts where
31
standard conditional use permit fees have been paid.
32
(b) At the time construction plans are submitted for
33 residential subdivisions of six (6) or more lot plats or for any
34 nonresidential subdivisions, the following fees shall be due and
35 payable from the effective date of this ordinance [July 2, IDD0 1,
36
] ~ ~,,.~4..,.,.,,a .~.~.,:.,- ........ ~~_ ($157 00) Two hundred ten
1999 : ................. ~ ..............
37 dollars ($210.00)plus ~~~" ~-^^~..~ ~i~ ($53.00) seventy dollars
38 1570.00) per hundred (100) linear feet of roadway.
39
(c) At the time final subdivision plats are submitted, the
40 following fees shall be due and payable from the effective date of
41
this ordinance [July~, ~ .... ~nn 1,1999] :
42
(1) Residential six (6) or more lot plats:
43
Four hundred ninety-five
44
dollars ($495 .... 00) plus f~'--~ six dollars (~.00) ($6.00)
45
per lot after the first five (5) lots.
46
(2) Nonresidential ats: ................... ~ ~lars
47
($3~0.00) Four hundred eiqhty-five dollars ($485.00) plus
48
forty-five dollars ,.~ ..... , ($45.00) per lot.
49
(d) If an applicant, at any time during subdivision review,
50 submits a review, submits a revised plan or portion thereof, or
51 makes a change to the plan under review not at the request of the
52 City of Virginia Beach, such revision shall be accompanied by a fee
53
of one hundred~,~"^ forty dollars '~=,¥~.~,nn~ ($140.00) per sheet
54 that is revised or changed.
55
(e) If a subdivision plat does not create a greater number of
56 lots, such plat when submitted shall be accompanied by the
57 following fees:
58
pl ~" ~ .... ~ ~- (~=n 00) Seventy
(1) Residential at: Fi~ .......... ~.
,59
dollars ($70.00).
60
(2) Nonresidential plats: Two hundred -~-
..... a eighty dollars
'~ ~ (S280.00)
62 (f) When a plat is submitted encompassing land within a
63 community development target area, no plat fee shall be due from
64 property owners who qualify as low and moderate income as
65 determined by the secretary of housing and urban development or by
66 the Virginia Housing Development Authority under one or more of
67 their rental assistance or homeowner mortgage programs. Through
68 agreement with the city, waiver of plat fees may also be provided
69 to builders who are building under the aforementioned programs for
70 low and moderate income families.
71
Ail fees shall be payable to the city treasurer.
72
These amendments to Section 8.1 of the Subdivision Regulations
73 shall become effective July 1, 1999.
74
Adopted by the City Council of the City of Virginia Beach,
75 Virginia, on this 11th day of May, 1999.
76
77
78
79
CA- 72 92
DATA/ORD IN/PROPOSED / 47 - 08 - 1. ORD
R4
PREPARED: April 28, 1999
AN ORDINANCE TO AMEND AND REORDAIN THE SITE
PLAN ORDINANCE OF THE CITY CODE BY INCREASING
THE FEES CHARGED FOR SITE DEVELOPMENT PLAN
REVIEW
SECTION AMENDED: § 3.2 - Site Plan Ordinance
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 3.2 of the Site Plan Ordinance is hereby amended
9 and reordained to read as follows:
10 Sec. 3. Procedures.
11
3.1. Preappl i ca ti on conference. Before filing application for
12 approval of a site development plan, the developer may confer with
13 the city agent and such other agencies of the city as he or the
14 agent deems advisable concerning the general proposal. Such action
15 does not require formal application, fees, filing of a site
16 development plan, and is not to be construed as application for
17 approval in computing time limitations in relation thereto.
18
3.2. Procedure for site development plan approval:
19
A.1. The developer shall cause to be prepared a site
20
development plan with other material as set forth in
21
sections 4 and 5.
22
A.2. At the time the site development plan is presented , the
23
following fees shall be due and payable:
24
(a) Residential site plan for two (2) or more
25 residences: ............ twcn~.~..~ ....
26 ($~29.00) ~iqht hundred forty-five dollars
27 ($~45.00) plus twentyrfive dollars ~ ..... ,
~28
.($25.00) per unit after the first five (5)
29
residential units.
30 (b) Nonresidential site
31 '~ .......... ~-~ 1-'~ '~ ) thQ
...... x ............ ,¥~7.00 On~ usand one
32 hundred thirty dollars ($1,130.00) plus sixty thrcc
33
eighty five dollars '~ ~ ($85 00) per acre
34
(c) Duplex site plan: Four ~"-~-~ ^~-~~
........... ~ ....... dollars
35
~w=~'~°.~a~u~, Five hundred sixty dollars ($560.00) .
36
(d) There shall be no site plan review fee charged for
37
a site plan encompassing only one (1) single-family
38
dwelling unit not located in a Chesapeake Bay
39
Preservation Area. For single-family dwellings and
40
additions and other residential structures
41
requiring a plan of development pursuant to Section
42
110 of the Chesapeake Bay Preservation Area
43
Ordinance, there shall be a fee in the amount of
44
two hundred ~ ...... ~^ eighty dollars (w~09.00)~
45
($280.00); provided, however, that if the
46
47
city agent determines that such plan of development
48
may be subject to abbreviated review, there shall
49
be a fee ~n the amount of one hundred thirty-five
50
dollars ($I00.00) ($135.00)·
51
(e) There shall be no resubmission fee for any site
52
plan resubmitted within sixty (60)days of the date
53
of completion of the prior review.
54
Ail fees shall be payable to the city treasurer.
56
57
These amendments to Section 3.2 of the Site Plan Ordinance
shall become effective July 1, 1999.
58
59
60
61
62
63
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 11~n day of May, 1999.
CA- 72 93
DATA/OD IN/PROPOSED / 46 - 03 - 2. ord
R5
PREPARED: April 28, 1999
Item IV-I. 1. b. (1)
-26-
ORDINANCES
ITEM # 44979
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
FY 1999-2000/FY 2004-2005 CAPITAL IMPROVEMENT PLAN
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Hetschober, Ctty Counctl ADOPTED:
Ordtnance to authorize the issuance of General Obligation Bonds tn the
maxtmum amount of $56, 700, 000 re various public facilities and general
improvements
Vottng 9-0
Councd Members Vottng .dye
Linwood 0 Branch, III, Margaret L Eure, Harold Hetschober, Louts R
Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K
Parker, Vtce Mayor Wilham D Sessoms, Jr and A M "Don" Weeks
Council Members Vottng Nay'
None
Counctl Members Abstatntng
Wtlham W Harrtson, Jr. and Barbara M Henley
Council Members Absent:
None
Councdman Harrtson ABSTAINED Item L 1. b. 1 as to the tssuance of $2 9-MILLIONtn General Obhgation
Bonds for (Ferrell Parkway Phase VI Project 2-077 tn the CIP) and Item I 1.b. 4 as tt relates to the actual
fundtng tn thts CIP of $1,450, O00 for that same project as hts law firm represents the parttctpant, Elhs
Gtbson Development Group, that has proposed the cost parttctpatton agreement wtth the Ctty
Councd Lady Henley ABSTAINED on any approprtatton that would be related to (Lasktn Road Phase I CIP
Project 2-156) as she has an tnterest tn land tn this vtctntty
May 11, 1999
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS IN THE MAXIMUM
AMOUNT OF $56,700,000 FOR VARIOUS PUBLIC
FACILITIES AND GENERAL IMPROVEMENTS
WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to
authorize the issuance of general obligation public improvement bonds for various purposes in
8 the maximum amount of $56,700,000 as permitted by the City Charter without submitting the
question of their issuance to the qualified voters:
lO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
12
1. It is hereby determined to be necessary and expedient for the City to
construct and improve various public facilities and make general improvements, all of which
will promote the public welfare of the City and its inhabitants and will facilitate the orderly
growth, development, and general welfare of the City, and to finance the costs thereof through
the borrowing of $56,700,000 and issuing the City's general obligation bonds therefor.
17
2. Pursuant to the City Charter and the Public Finance Act of 1991, there are
hereby authorized to be issued public improvement bonds of the City in the maximum amount
~ O of $56,700,000, to provide funds, together with other funds that may be available, for various
20 public improvements, including Schools, Roadways, Coastal projects, Economic and Tourism
2 ~ projects, Buildings, and Parks and Recreation projects for project activities that include, but
22 are not limited to the following: preliminary studies, preliminary surveys, permit compliance,
23 environmental assessment, planning, design, engineering, site acquisition, relocation of
24 residents, utility relocation, construction, renovation, expansion, repair, demolition, site
25 improvement, site work, legal services, inspection and support services, furniture and
26 equipment, and contingencies.
27
3. The bonds may be issued as a separate issue or combined with bonds
28 authorized for other purposes and sold as part of one or more combined issues of public
29 improvement bonds.
30
4. The bonds shall bear such date or dates, mature at such time or times not
exceeding 40 years from their dates, bear interest, be in such denominations and form, be
32 executed in such manner and be sold at such time or times and in such manner as the Council
may hereafter provide by appropriate resolution or resolutions.
34
5. The bonds shall be general obligations of the City for the payment of
principal, premium, if any, and interest on which its full faith and credit shall be irrevocably
pledged.
37
6. The City Clerk is directed to make a copy of this ordinance continuously
available for inspection by the general public during normal business hours at the City Clerk's
office from the date of adoption hereof through the date of the issuance of the Bonds.
40
7. The City Clerk, in collaboration with the City Attorney, is authorized and
41 directed to immediately file a certified copy of this ordinance with the Circuit Court of the
42 City of Virginia Beach.
43
8. This ordinance shall be in full force and effect from its passage.
44
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 lth day
45 of May, 1999.
46
Requires eight affirmative votes for adoption.
CA-7339
ORDIN\NONCCODE\GEN OBLIGATION BONDS.ORD.
R1
APRIL 8, 1999
APPROVED AS TO CONTENT:
Management Service~---'/
APPROVED AS TO LEGAL
SUFFICIENCY:
ttorney's (~ffff~e
Item IV-I. 1. b. (2)
ORDINANCES
-27-
ITEM # 44980
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
FY 1999-2000/FY 2004-2005 CAPITAL IMPROVEMENT PLAN
Upon motion by Vice Mayor Sessoms, seconded by Councdman Hetschober, City Counctl ADOPTED:
Ordinance to authortze the tssuance of Water and Sewer System
Revenue Bonds in the maximum amount of $9, 513, 500 re improvements
and expansions to the City's Water and Sewer System
Vottng: 11-0
Council Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, .Ir,
Harold Hetschober, Barbara M Henley, Louts R. .Iones, Reba S.
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wilham D Sessoms, .Ir and A M "Don" Weeks
Council Members Voting Nay.
None
Council Members Absent'
None
May 11, 1999
AN ORDINANCE AUTHORIZING THE
ISSUANCE OF WATER AND SEWER
SYSTEM REVENUE BONDS IN THE
MAXIMUM AMOUNT OF $9,513,500
WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to
authorize the issuance of water and sewer system revenue bonds in the maximum amount of
7 $9,513,500 for financing improvements and expansions to the City's water and sewer system
(the "System"), as permitted by the City Charter:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
11
1. It is hereby determined to be necessary and expedient for the City to
continue its program of improving and extending the System, which will promote the public
welfare of the City and its inhabitants and will facilitate the orderly growth, development, and
general welfare of the City, and to finance the costs thereof through borrowing $9,513,500
and issuing the City's revenue bonds therefor.
2. Pursuant to the City Charter and the Public Finance Act of 1991, there are
hereby authorized to be issued water and sewer system revenue bonds of the City in the
maximum amount of $9,513,500 to provide funds, together with other available funds, for
financing the costs of improvements and expansions to the System.
20
3. The bonds shall bear such date or dates, mature at such time or times not
exceeding 40 years from their dates, bear interest, be in such denominations and form, be
22 executed in such manner and be sold at such time or times and in such manner as the Council
may hereafter provide by appropriate resolution or resolutions.
24
4. The System is 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 City from the System, and shall not be
included within the otherwise authorized indebtedness of the City. The bonds shall not be
28 deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the
Commonwealth of Virginia or of any county, city, town, or other political subdivision of the
3o Commonwealth, including the City. The issuance of the bonds and the undertaking of the
covenants, conditions, and agreements to be contained in resolutions to be adopted or
32 agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate
the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy
34 and collect any taxes whatsoever or make any appropriation therefor, except from the revenues
as pledged to the payment of the principal of and premium, if any, and interest on the bonds.
36
5. Such resolutions to be adopted and agreements to be entered into hereafter
37 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
39 charges for the use of and the services furnished by the System and to revise the same fi.om
40 time to time and as often as shall be necessary so as to produce sufficient net revenues to pay
41 principal of and premium, if any, and interest on the bonds as the same become due and to
42 provide a margin of safety therefor. Such resolutions and agreements shall also include such
43 additional covenants, agreements, and other terms as are customary for the protection of the
44 holders of water and sewer revenue obligations.
45
6. The City Clerk is directed to make a copy of this ordinance continuously
46 available for inspection by the general public during normal business hours at the City Clerk's
47 office fi.om the date of adoption hereof through the date of the issuance of the bonds.
48
7. The City Clerk, in collaboration with the City Attorney, is authorized and
49 directed to immediately file a certified copy of this ordinance with the Circuit Court of the
so City of Virginia Beach.
51
8. This ordinance shall be in full force and effect fi.om its passage.
52
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 lth day
of May, 1999.
54
Requires affirmative vote by a majority of City Council members for adoption.
55
56
57
58
CA-7304
ORDIN\NONCODE\WATER AND SEWER BONDS.ORD
APRIL 8, 1999
R1
59
6O
61
62
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
C~ty Attorney's Oft~ce /"
Item IV-I.l.b.(3)
- 28 -
ORDINANCES
ITEM # 44981
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
FY 1999-2000/FY 2004-2005 CAPITAL IMPROVEMENT PLAN
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Hetschober, Ctty Counctl ADOPTED:
Ordtnance to authortze the tssuance of Stormwater Utility System
Revenue Bonds tn the maxtmum amount of $5, 300, 000 re tmprovements
and expanstons to the Ctty's Stormwater Utility System
Voting 11-0
Council Members Voting Aye'
Linwood O. Branch, III, Margaret L Eure, Wilham W Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Council Members Vottng Nay:
None
Counctl Members Absent'
None
May 11, 1999
AN ORDINANCE AUTHORIZING THE
ISSUANCE OF STORMWATER UTILITY
SYSTEM REVENUE BONDS IN THE
MAXIMUM AMOUNT OF $5,300,000
WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize
the issuance of stormwater utility system revenue bonds in the maximum amount of $5,300,000
7 for financing improvements and expansions to the City's stormwater utility system (the "System"),
8 as permitted by the City Charter:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
~o VIRGINIA:
1. It is hereby determined to be necessary and expedient for the City to continue
its program of improving and extending the System, which will promote the public welfare of the
City and its inhabitants and will facilitate the orderly growth, development, and general welfare
14 of the City, and to finance the costs thereof through borrowing $5,300,000 and issuing the City's
revenue bonds therefor.
16
2. Pursuant to the City Charter and the Public Finance Act of 1991, there are
hereby authorized to be issued stormwater utility system revenue bonds of the City in the
maximum amount of $5,300,000 to provide funds, together with other available funds, for
financing the costs of improvements and expansions to the System.
20
3. The bonds shall bear such date or dates, mature at such time or times not
21 exceeding 40 years from their dates, bear interest, be in such denominations and form, be
22 executed in such manner and be sold at such time or times and in such manner as the Council may
23 hereafter provide by appropriate resolution or resolutions.
24
4. The System is 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
26 interest solely from the revenues derived by the City from the System, and shall not be included
27 within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create
28 or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of
20 Virginia or of any county, city, town, or other political subdivision of the Commonwealth,
including the City. The issuance of the bonds and the undertaking of the covenants, conditions,
and agreements to be contained in resolutions to be adopted or agreements to be entered into
32 hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or
33 any other political 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 principal
35 of and premium, if any, and interest on the bonds.
36
5. Such resolutions to be adopted and agreements to be entered into hereafter
37 authorizing the issuance of the bonds and providing the details thereof shall contain appropriate
38 covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the
39 use of and the services furnished by the System and to revise the same from time to time and as
40 often as shall be necessary so as to produce sufficient net revenues to pay principal of and
41 premium, if any, and interest on the bonds as the same become due and to provide a margin of
42 safety therefor. Such resolutions and agreements shall also include such additional covenants,
43 agreements, and other terms as are customary for the protection of the holders of stormwater
44 revenue obligations.
45
6. The City Clerk is directed to make a copy of this ordinance continuously
46 available for inspection by the general public during normal business hours at the City Clerk's
47 office from the date of adoption hereof through the date of the issuance of the bonds.
48
7. The City Clerk, in collaboration with the City Attorney, is authorized and
49 directed to immediately file a certified copy of this ordinance with the Circuit Court of the City
50 of Virginia Beach.
51
8. This ordinance shall be in full force and effect from its passage.
52
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 lth day
of May, 1999.
54
Requires an affirmative vote by a majority of City Council members for adoption.
55
56
57
58
CA-7342
ORDIN\NONCODE\STORMWATER UTILITY.ORD
R1
APRIL 8, 1999
59 APPROVE AS TO CONTENT'
60
62 Management Servic~
APPROVED AS TO LEGAL
SUFFICIENCY.
City Attorney's (~fi~e
Item IV-I.l.b.(4)
- 29-
ORDINANCES
ITEM # 44982
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
FY 1999-2000/FY2004-2005 CAPITAL IMPROVEMENT PLAN
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Hetschober, Ctty Councd ADOPTED:
Ordinance re the FY 1999-2000/FY 2004-2005 Capital Improvement
Program (CIP), to APPROPRIATE $155,527,577 $171,235,507for
the FY 1999-2000 Capital Budget, subject to funds betngprovtded from
vartous sources and further subject to any amendments adopted by Ctty
Counctl
Vottng: 9-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Harold Hetschober, Louis R
Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K
Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks
Councd Members Vottng Nay
None
Council Members Abstatmng
Wtlham W Harrtson, Jr and Barbara M. Henley
Counctl Members Absent
None
Councilman Harrtson ABSTAINED Item L 1. b. 1 as to the tssuance of $2 9-MILLIONtn General Obhgatton
Bonds for (Ferrell Parkway Phase V[ Project 2-077 tn the CIP) and Item I 1. b. 4 as tt relates to the actual
fundtng tn this CIP of $1,450, OOO for that same project as hts law firm represents the participant, Elhs
Gtbson Development Group, that has proposed the cost parttctpatton agreement wtth the City
Councd Lady Henley ABSTAINED on any approprtatton that would be related to (Lasktn Road Phase I CIP
ProJect 2-156) as she has an tnterest tn land tn thts victntty
May l I, 1999
AN ORDINANCE TO ADOPT THE FY 1999-
2000/FY 2004-2005 CAPITAL IMPROVEMENT
PROGRAM AND TO APPROPRIATE
$171,235,507 FOR THE FY 1999-2000 CAPITAL
BUDGET SUBJECT TO FUNDS BEING
PROVIDED FROM VARIOUS SOURCES SET
FORTH HEREIN
WHEREAS, the City Manager, on March 30, 1999, presented to City Council the Capital
Improvement Program for fiscal years 1999-2000 through 2004-2005;
WHEREAS, City Council held public hearings on the program to provide for public
comment;
WHEREAS, based on public comment, City Council has determined the need for certain
projects in the Capital Improvement Program; and
15
WHEREAS, it is necessary to appropriate funds for both existing projects and projects
beginning in the 1999-2000 fiscal year, as set forth in said Capital Improvement Program.
17
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. The Capital Improvement Program, as modified, for the construction of, or
20 addition to, capital facilities identified for fiscal years 1999-2000 through 2004-2005 is hereby adopted,
and the projects listed therein are hereby approved as capital projects.
22
Section 2. The projects shall be financed from funds to be appropriated periodically by City
Council, and until funds are so provided, the projects are for planning purposes only and may be
24 deleted, altered, or rescheduled in any manner at any time by City Council.
25
Section 3. Funds in the amounts aggregating $171,235,507 for capital projects in the
26 Capital Budget for the 1999-2000 fiscal year, as set forth in said Capital Improvement Program, are
27 hereby appropriated, by project and subject to the conditions set forth herein. The amount of funding
28 for individual projects is set forth in "Attachment A - Capital Budget Appropriations," a copy of which
29 is attached hereto.
30
Section 4. In accordance with Section 2-196 of the City Code, Financing Sources in
support of the Capital Budget for the 1999-2000 fiscal year as set forth in said Capital Improvement
32 Program are attached to this ordinance as "Attachment B - Financing Sources."
33 Section 5. Capital project funds appropriated in prior fiscal years are to be adjusted in
34 accordance with said Capital Improvement Program and reallocated as identified in "Attachment C -
35 Transfers," a copy of which is attached hereto.
36
Section 6. Additional appropriations and the addition of capital projects shall not be
37 initiated except with the consent and approval of the City Council first being obtained, and an
appropriation for a project in the Capital Improvement Program shall continue in force until the
39 purpose for which it was made has been accomplished or abandoned.
40
Section 7. Policy reports, proposals, ordinances, and resolutions presented to the City
Council, which can be expected to impact the Adopted Resource Management Plan, of which the
42 Capital Budget is an integral part, shall include a five (5) year fiscal impact note which projects
anticipated costs, revenues, and service impacts for the current fiscal year and the ensuing four (4)
44 fiscal years. The City Manager or the Director of Management Services shall review and approve the
45 fiscal impact statement prior to the presentation of such items to City Council. In addition, individual
46 departments shall include a fiscal impact note as a part of the agenda package in a manner and format
47 prescribed by the Department of Management Services.
48
Section 8. All contracts awarded for approved and appropriated capital projects, exclusive
of school projects, must be certified as to the availability of funds by the Director of Finance prior to
50 the initiation of work on the contract.
Section 9. Subject to any applicable restriction of law or of any bonds or bond issue, the
52 City Manager or the Director of Management Services is authorized to approve transfers of
appropriations in an amount up to $25,000 between capital projects within a project class as may best
54 meet the needs of the City. The City Manager or the Director of Management Services is hereby
55 authorized to establish and administer the budgeting of capital projects consistent with best
management practices, reporting requirements and the Capital Improvement Program adopted by the
City Council.
Section 10. The City Manager or the Director of Management Services is hereby
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 included in this ordinance to reflect effective
6 ~ utilization of the financing sources. If the financing sources in support of capital projects decline, the
62 City Manager or the Director of Management Services is authorized to reduce, subject to any
applicable restriction of law or of any bonds or bond issue, those appropriations to equal the changed
64 financing source. The City Manager must give prior notice to the City Council of any reductions to
65 total appropriations exceeding $25,000. The notice to City Council shall identify the basis and amount
66 of the appropriation reduction and the capital projects affected. The accounting records of the City
67 will be maintained in a manner where the total of financing sources is equal to the total appropriations
68 for each of the City's capital projects funds.
69
Section 11. The Capital Improvement Program debt management policies contained and
70 included in the Resource Management Plan - Executive Summary document shall be the policy
71 guidelines of the City, and the City Manager shall annually report on the status of those guidelines
72 and the projected impact of the proposed Capital Improvement Program on those guidelines, such
73 information to be included in the Capital Improvement Program submittal. The City Manager may
74 propose modifications to those policies and guidelines through the Capital Improvement Program.
75
Section 12. Violation of this ordinance shall result in the City Manager taking disciplinary
76 action against the person or persons responsible for the capital project category in which the violation
77 occurred.
78
Section 13. If any portion of this ordinance is for any reason declared to be unconstitutional
79 or invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
80
Section 14. This ordinance shall be in effect from the date of its adoption; however,
appropriations for the FY 1999-2000 Capital Budget shall be effective on July 1, 1999.
82
83
84
85
86
1999.
Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of May,
Requires an affirmative vote by a majority of members of City Council.
CA-7338
ORDIN/NONCODE/CIP FY 1999-2000.UPDATE ORD
R8
MAY 14, 1999
APPROVED AS TO CONTENT.
7~nanagement :Services
APPROVED AS TO LEGAL
SUFFICIENCY:
~ity Attorney's O~e'e ~
Project
Npmbpr
1-046
1-062
1-063
1-074
1-083
1-084
1-195
1-196
1-200
1-201
1-205
1-208
1-213
1-214
1-216
1-217
1-218
1-219
1-220
1-221
1-222
1-230
1-232
2-004
2-020
2-021
2-043
2-044
2-067
2-O73
2-074
2-075
2-076
2-077
2-089
2-096
2-137
2-140
2-149
2-152
2-156
2-157
2-158
2-165
2-167
2-209
2-211
2-256
Attachment A - Capital Budget Appropriations
Pr9199~
School Prolects
H~gh School- 2001
ADA School Modifications
Indoor A~r Quahty Improvements
Renovabons and Replacements - Various
Renovabons and Replacements - Rerooflng
Renovabons and Replacements - HVAC Systems
Student Data Management System
Instrucbonal Technology
Renovabons and Replacements - Playground Equipment
Renovabons and Replacements - Grounds
Renovabons and Replacements - Exterior Bleachers
Advanced Technology Center
Thaha Elementary School Modermzation
Creeds Elementary School Modermzabon
Bays~de Elementary School Replacement
Woodstock Elementary School Modermzat~on
Kempsv~lle Meadows Elementary School Modermzabon
LouIse Luxford Elementary School Modernizabon
Kempswlle Elementary School Modermzabon
Mahbu Elementary School Modermzabon
Pembroke Elementary School Modermzabon
Alternabve Use Study-Old L~nkhorn Park and Seatack
Tenms Court Renovabons
Roadway Prolects
Corporate Landing Parkway/Culver Lane W~demng
Pnvate/Pubhc Infrastructure Enhancement
Rural Road Improvements
Miscellaneous Corridor Studies
Intelhgent Transportabon Systems
Sandbndge Road Safety Improvements
Buckner Road Extended
Great Neck Road Interchange Improvements (VDOT)
Salem Road, Phase II (VDOT)
Lask~n Road Gateway
Ferrell Parkway - Phase VI (Cost Part~clpabon)
Southeastern Parkway & Greenbelt (Part~al)
Ferrell Parkway - Ph V (Parbal) [VDOT]
Great Neck IV/London Bridge III [VDOT]
London Bridge Road - Phase II [VDOT]
Birdneck Road - Phase II [VDOT]
Elbow Road Extended - Phase II
Laskm Road - Phase I [VDOT]
Lynnhaven Parkway - Phase IX [VDOT]
Holland Road - Phase VI (Part~al) [VDOT]
Laskln Road - Phase II (VDOT)
Lynnhaven Parkway - Phase XI [VDOT]
Courthouse Loop North - Phase II
Traffic Calming
Indian River Rd - Ph VII [VDOT]
Total School Projects $
Appropriation
FY 1999-2000
28,091,827
750,0O0
2,500,000
1,743,700
1,583,355
2,403,200
855,000
1,032,630
201,000
345,761
253,025
12,000,000
4,235,465
375,0OO
827,447
6,039,133
425,000
672,68O
475,0O0
411,018
461,240
80,000
100,000
65~861~481
2,030,000
50,000
300,000
200,000
100,000
85,000
1,000,000
550,000
48,545
530,000
1,450,000
6,000,000
100,000
5,181,840
1,982,805
100,000
30,036
36,656
125,000
50,000
225,241
75,000
125,537
100,000
111,000
Project
Npml~gr
2-263
2-268
2-284
2-285
2-305
2-833
2-837
2-930
3-001
3-002
3-004
3-011
3-012
3-013
3-014
3-005
3-020
3-024
3-033
3-038
3-100
3-111
3-114
3-118
3-280
3-404
3-413
3-419
3-432
3-437
3-441
3-446
3-447
3-453
Prglg~
Major Bridge Reconstruction and Rehab~htabon
Wetlands Mitigation Banking
Street Resurfac~ng
Traffic Safety Improvements - Phase II
Ferrell Parkway - Phase II
First Colonial Rd - Ph III [VDO'I']
Various Cost Parbclpabon Projects
Salem Road [VDOT]
Total Roadway Projects.$
Bu#d~ng Prolects
Judlcal Center New Courtrooms
Celebrate 2000
Recovery Center- Detox~ficabon Center
Beach House Acquls~bon and Rehab~htabon
Sk~llquest Acquisition and Rehablhtatlon
Boy's Club/G~rl's Club - Green Run Library
ODU/NSU Graduate Center - Start Up Technology
Underground Storage Tanks - C~ty
ADA Building Modifications
V~rgln~a Beach Juvenile Detention Center
F~re Facihty Rehab~htabon and Renewal
Various Buildings Rehab~htabon and Renewal
Various Buildings HVAC Rehablhtabon and Renewal
City/School Consolidated Fueling Facilities
Commumty Color Project
Fire Tralmng Center Improvements
City/School Human Resources/Payroll System
Fire Station - General Booth Corndor (Design)
Pohce - Bays~de Precinct - Alterabon/Add~t~on
Dam Neck Material Storage
Police Mounted Patrol Facility
Municipal Center Hot/Chilled Water Distribution & Boiler Replacment
Correcbon Center Addition III
Commumcatlon System Upgrades
Library Renovabons and Replacements
Princess Anne Area Library (Design)
Total Building Projects:
Appropriation
FY 1999-2000
358,150
100,000
5,805,342
600,259
125,000
380,475
112,000
230,221
28~298~107
175,000
150,000
1,259,200
816,000
600,000
5OO,OO0
500,000
276,500
142,000
1,000,000
198,000
1,404,213
539,35O
466,160
100,000
2,275,896
5,400,000
250,000
1,314,000
118,680
45,000
867,290
6,570,OOO
5,949,000
2,980,000
250,000
36~359~289
4-001
4-002
4-004
4-009
4-012
4-936
4-949
4-950
4-954
4-955
4-959
Parks and Recreation Prolects
Norfolk Avenue Multipurpose Trail
Redevelopment of Elementary School Playgrounds
Open Space Program - S~te Acquisition
Commumty Recreabon Centers Renewals & Replacements
Pnncess Anne Park
Rec Office and Storage Fac~hty at School Sites
D~stnct/Commumty Park Development & Renovabons (On-Going)
Neighborhood Park Development (On-Going)
Tennis Court Renovations (On-Going)
Athletic Fields Upgrading and L~ghtlng
Golf Course Infrastructure and Equipment (On-Going)
568000
201,000
500,000
633,450
625,000
100,000
181,123
100,000
175,000
50,000
115,500
Project
Nvml~r
4-966
4-970
4-971
4-974
4-976
Prglect~
VBOP Pubhc Beach Access
Park Playgrounds Renovations
Mount Trashmore Park- Renovabons
Lynnhaven Boat Ramp and Beach Facd~ty
Underground Storage Tanks - Golf Courses
Appropriation
FY 1999-2000
150,000
175,000
200,000
1,050,000
100,000
Total Budding Projects' $ 4,924,023
Project
N~ml~r
5-001
5-005
5-007
5-008
5-012
5-015
5-093
5-094
5-095
5-096
5-104
5-127
5-129
5-130
5-131
5-136
5-143
5-144
5-149
5-150
5-201
5-708
5-964
5-973
Water Utd/t¥ Projects
Comprehensive Emergency Response and Traimng
North London Bridge Road
Customer Informabon System Replacement
B,rdneck Road - Phase II
Lake R~dge
Salem Road/Landstown Road - 51% Type
ComprehensIve Water Study- Phase III
Small L~ne Improvements - Phase III
Various H~ghway ProJects- Phase III
Water Request and Agreement Projects - Phase III
Calverton Lane - 51% Type
Landstown Yard Improvements - Phase II
Potable Wells Evaluabon Program
Lynnhaven Parkway Extended
Tank Upgrade Program - Phase II
Water Quahty Program - Phase II (Part~al)
F~re Hydrant Program
Water Ma~n Replacement - North End
Indian R~ver Road - Phase VII - Water Ma~n
Underground Storage Tanks - Water
Pubhc Ubht~es Customer Service Center
Resort Area Neighborhood Rev~tahzabon
Water Resources - Lake Gaston
F~rst Colomal Road- Phase III
Total Water Ubhty Projects:
Appropriation
FY 1~9-2o0o
100,000
430,000
800,000
275,000
730,000
700,000
400,000
35O,000
150,000
250,000
25,000
285,000
60,000
80,000
600,000
500,000
100,000
35,000
265,000
120,000
50,000
50,000
1,500,000
25,000
7,880,000
6-002
6-012
6-018
6-019
6-023
6-028
6-033
6-034
6-036
6-039
6-055
6-063
6-069
6-074
6-102
6-103
6-104
6-105
6-937
6-939
6-971
6-972
7-004
7-005
7-008
Sewer Utihty Prolects
Colony Dnve
Customer Information System Replacement
Comprehenmve Sewer Evaluabon/Rehab~htat~on Program
Resort Area Neighborhood Rev~tahzabon
Indian R~ver Road South
Comprehensive Emergency Response and Planmng
Inflltrabon, Inflow, and Rehabd~tabon-Phase III
Pump Stabon Mod~ficabons- Phase III
Vanous Sewer Projects- Phase III
North Landing Road/West Neck Road
Landstown Yard Improvements - Phase II
Central Bus~ness D~stnct System Upgrade
B~rdneck Road - Phase II
Underground Storage Tanks - Sewer
Lake R~dge
Lake R~dge Interceptor Force Ma~n
Pubhc Ubht~es Customer Service Center
Pnvate Pump Stabon Evaluabon Program
Aragona Rehabd~tabon
Comprehenmve Sewer Study- Phase II
North London Bndge Road Force Ma~n
Alanton
Total Sewer Utility ProJects. $
Storm Water Ut/bty Prolects
Storm Water Infrastructure Rehabd~tabon
North Lake Holly Watershed
Lakes Shores Drainage
30,000
800,000
425,000
50,000
150,000
100,000
100,000
93,500
150,000
690,000
285,000
876,600
685,000
160,000
1,250,000
450,000
50,000
295,000
400,000
650,000
50,000
1,640,000
9,380,100
50,000
4,036,260
580,000
Project
NPrP~r
7-012
7-015
7-020
7-145
7-183
7-281
7g02
7-960
Fair Meadows Drainage
Lynnhaven Drive Drainage Outfall
Various Drainage Improvements
Arctm Avenue - Baltic Avenue
Storm Water Quahty Enhancements
Larkspur Drainage
North Beach Drainage (Parbal)
Oceana Gardens West Drainage
Pr9lgcts
Total Storm Water Utd~ty ProJects.
Appropriation
Fy 1999-2000
340,000
1,599,OOO
269,375
1,274,333
57,075
86,667
600,000
86,550
8,979,260
8-003
8-014
8-077
8-830
9-010
9-026
9-048
9-141
9-199
9-260
9-280
9-704
Coastal Prolects
Landfill #2 Phase I Closure
Lynnhaven Inlet Maintenance Dredging
C~tywide Sand Replenishment Project
Rudee Inlet Dredging
Total Coastal Projects $
Economic and Tounsm Development Pro/ects
Virg~ma Manne Science Museum - Phase III (Design)
Atlanbc Avenue Trolley Lanes
Boardwalk Rewtahzat,on
Economic Development Investment Program (On-Going)
Conference/Convenbon Facd~ty Renovabon (On-Going)
Economic and Tourism Development Partnerships
Economic and Tourism Development Studies
Beach Erosion Control and Hurricane Protecbon
Total Economic and Tourism Development Projects $
Total Capital Budget.
500,000
60,000
1,350,500
259,000
2,169,500
1,500,000
1,005,000
100,000
1,955,697
300,000
4O0,00O
100,000
2,023,000
7,383,697
$ 171,235,507
C.\WINDOWS\DESKTOP\c~p attachment a update.ord
Attachment B - Financing Sources
Flnancina Sources
General Appropnat~ons
Charter Bonds
Fund Balance
Storm Water Ubl~ty Fund
Water and Sewer Ubhty Fund
Army Corps of EngIneers
Federal Contnbubon
State Contnbut~on
Water Resource Referendum Bonds
Water and Sewer Revenue Bonds
Storm Water Ubl~ty Bonds
Retained Earnings
Proceeds of Lease-Purchase Agreements
Other Local~bes' Contributions
Hampton Roads Samtat~on D~stnct
Southeastern Public Serv;ce Authority
Capital Budget
FY 1999-2000
29,023,544
71,472,559
18,167,335
3,479,260
3,000,000
877,825
1,532,018
21,852,866
1,250,000
9,513,500
5,300,000
2,796,600
1,500,000
750,000
450,000
270,000
Total FInancing Sources. $ 171,235,507
Transfer To:
1-208
1-213
1-214
1-215
Total Transfer To:
Transfer From:
1-061
1-202
1-216
2-278
Total Transfer From:
Transfer To:
2-021
2-137
2-140
2-149
2-157
2-165
2-167
2-279
Total Transfer
To:
Transfer From:
2-051
2-132
2-133
2-139
2-164
2-174
2-175
2-261
2-268
2-270
2-277
2-305
9-198
Total Transfer
From:
Transfer To:
3-118
3-403
Total Transfer To:
Transfer From:
3-976
9-198
Total Transfer From:
Attachment C - Transfers
P,,r919~l~
School Prolects,
Advanced Technology Center
Thalia Elementary School Modernization
Creeds Elementary School Modernization
Shelton Park Elementary School Modernization
New Castle Elementary School
W T. Cooke Elementary School Replacement
Bayslde Elementary School Replacement
TCC Site improvements
Roadway Prolects
Rural Road Improvements
Great Neck Rd IV/London Bredge III
London Bridge Road-Phase II
Birdneck Road-Phase II
Lynnhaven Parkway-Phase IX
Laskin Road - Phase II
Lynnhaven Parkway-Phase XI
Kempsville Rd/Providence Rd. Int. Improvement
City-wide Parking Improvements
London Bridge Extended
Shore Drive Intersections
Kempsville Road-Phase III
Jeanne Street
Doziers Bridge
Independence Blvd-Phases IV B and C
C,ty Line Drive
Wetlands Mitigation Banking
Constitution Drive Extended Study
Boys' Club/Girls' Club Access Road
Ferrell Parkway-Phase II
Burton Station
BuildincTs Prolects
Fire Training Center Improvements
Corrections Center Sprinkler System
Fire Training Center Enhancements & Renewal
Burton Station
Appropriations
Prior to
FY 1999-2000
$1,000,000
1,850,000
200,000
650,000
$3,700,000
$75O ,000
750,000
1,2OO ,000
1,000,000.
$~,700,000
$210,000
842,700
533,943
313,993
458,473
379,759
111,497
13,300
$2,863,665
$61,355
162,000
170,000
79 140
140 000
458 473
869.163
50 000
62.000
50.000
14 214
157,561
589,759
$2,863,665
783,384
101,000
884,384
$783,384
101,000
$884,384
Trans~rTo:
4-011
4-012
TotalTrans~rTo:
Trans~rFrom:
4-935
4-955
TotalTrans~rFrom:
Trans~rs To:
6-034
6-035
6-036
6-039
6-046
6-063
Parks and Recreation Projects
Princess Anne Park Soccer Complex
Princess Anne Park
Princess Anne Park Recreation Facility
Athletic Fields Upgrading and Lighting
Water and Sewer Utility Projects
Pump Station Modifications-Phase III
Various Highway Projects-Phase III
Various Sewer Projects-Phase III
North Landing Road/West Neck Road
Computerized Mapping System
Central Business District System Upgrade
$5O,0O0
43,799
$93,799
$43,799
50,000
$93,799
656,500
200,000
100,000
550,000
100,000
388,4OO
6-937
Total Transfers To:
Transfers From:
5-052
5-057
5-105
5-106
5-107
5-109
5-110
5-123
5-128
6-005
6-007
6-008
6-011
6-022
6-029
6-033
6-040
6-042
6-048
6-052
6-053
6-062
6-064
6-949
Total Transfers From
Transfer To:
7-012
Total Transfer To:
Tranfer From:
7-114
Total Transfer From:
Aragona Rehabilitation
Little Haven
Lynndale Estates
Stumpy Lake Lane - 51% Type
Salem Road "A"-51% Type
L~ttle Neck Point-51% Type
Lago Mar-51% Type
Lake Shores-51% Type
Birdneck Road-Route 44 Intersection
Water System Sampling Program
First Colomal Road-Phase III
Indian River Road/H~llcrest
Dozier's Bndge
Woodland
Indian River Road/Elbow Road
Princess Anne/Courthouse/Holland Road
Infiltration, Inflow, and Rehabilitation-Phase III
Lynndale Estates
WJshart Cove
Little Haven
Stumpy Lake Lane
Birdneck Road-Route 44 Intersection
Amphitheater Sewer Extension
Sewer Pump Station Alarm System
Reon Dnve
Fair Meadows Drainage
Storm Water Projects
Princess Anne Plaza Drainage-Phase II
Appropriations
Prior to
l=y 199 -2ooo
300,000
2,294,9d0
15,000
29,406
210,000
117,853
150,000
162,829
182,973
14 875
100 000
115 000
55 000
23 202
22 406
80 000
10 406
200 890
69 700
90 000
20 000
300,000
10,000
15,360
100,000
200,000
2,294,900
$350.000
$350,000
$350,000
$350,000
10
Item IV-I. 1. b. (5)
ORDINANCES
- 30-
ITEM # 44983
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
FY 1999-20007FY 2004-2005 CAPITAL IMPROVEMENT PLAN
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Hetschober, Ctty Counctl ADOPTED:
Ordtnance to APPROPRIATE $1,900,000 estimated year-end surplus
revenue from the School Board's FY 1998-1999 Operattng Budget to
Student Data Management System (CIP #1-195)
Vottng 11-0
Council Members Vottng Aye'
Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr. and A M "Don" Weeks
Council Members Vottng Nay'
None
Council Members Absent'
None
May 11, 1999
AN ORDINANCE APPROPRIATING ESTIMATED
YEAR-END SURPLUS REVENUES IN THE AMOUNT
OF $1,900,000 FROM THE SCHOOL BOARD'S
FY 1998-99 OPERATING BUDGET TO CIP # 1-195,
STUDENT DATA MANAGEMENT SYSTEM
WHEREAS, the Virginia Beach School Board has requested
that anticipated year-end surplus revenues from its FY 1998-99
8 Operating Budget be appropriated by City Council to specific high-
9 priority projects;
10
WHEREAS, one such priority is the purchase of a Student
11 Data Management System, the partial funding of which will be
12 provided through FY 1999-00 state funding included in Capital
13 Improvement Project ("CIP") # 1-195, Student Data Management
14 System, with the balance to be derived from School Board Operating
15 Budget FY 1998-99 year-end surplus revenues, which, by law, revert
18 to the City at the end of each fiscal year; and
17
WHEREAS, the exact amount of year-end surplus revenues
18 will not be determined until several months after the end of the
19 fiscal year;
20
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22
1. That estimated year-end surplus revenues in the
23 amount of $1,900,000 from the School Board's FY 1998-99 Operating
24 Budget are hereby appropriated to CIP# 1-195, Student Data
25 Management System, subject to the conditions set forth in Sections
28 6, 7, 8, 9, and 10 of the "Ordinance to Adopt the FY 1999-00
27 Capital Improvement Program," adopted by City Council on May 11,
28 1999; and
29
2. That City Council hereby expressly reserves the
30 right to modify or reduce this appropriation prior to its effective
31 date in the event that estimated revenues upon which the
32 appropriation is based are not fully realized.
33
This ordinance and its provisions shall not take effect
34 until September 17, 1999.
35
Adopted by the Council of the City of Virginia Beach,
Virginia, on the llth day of May, 1999.
Requires an affirmative vote by a majority of the members
of City Council.
CA-7341
ODIN\NONCODE\STUDENT DATA MGMT.ORD
R4
MAY 5, 1999
APPROVED AS TO CONTENT:
Management Service~
APPROVED AS TO LEGAL
SUFFICIENCY:
- 31 -
ORDINANCES
ITEM # 44984
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
FY 1999-20007FY 2004-2005 CAPITAL IMPROVEMENT PLAN
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Heischober, Ctty Councd ADOPTED:
Resoluttons re Vtrginta Department of Transportation (VDOT) projects
#2-074 - Great Neck Road interchange tmprovements to include
wtdentng of brtdge on 1-264 (prevtously Rt 44)
#2-165 - Laskin Road - Phase II, Btrdneck Road to the
proposed3Oth/31st Street spht
#2-075 - Salem Road - Phase II, Independence Boulevard to
Elbow Road Extended
Voting: 11-0
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W. Harrtson, Jr.,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wilham D Sessoms, Jr. and A M. "Don" Weeks
Counctl Members Voting Nay
None
Councd Members Absent
None
May 11, 1999
PROJECT PROGRAMMING RESOLUTION
WHEREAS, Virginia Department of Transportation (VDOT) construction allocation
procedures require that a City Council resolution be adopted in order for VDOT to 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
construction of a new interchange at 1-264 to Great Neck Road, to include the widening
of bridges on 1-264;
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 11 day of May
,1999, City of Virginia Beach, Virginia.
By:
City Manager
ATTEST
Clerk of Council
NTS
Department
i OooocoooC° o c
O~
PROJECT PROGRAMMING RESOLUTION
WHEREAS, Virginia Department of Transportation (VDOT) construction allocation
procedures require that a City Council resolution be adopted in order for VDOT to 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 Laskin Road from Birdneck Road to the proposed 30th131st Street split,
a distance of approximately 0.7 mile;
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 l.t day of May
,1999, City of Virginia Beach, Virginia.
By:
City Manager
ATTEST
Clerk of Council
~&'~~~' ~..~APPROVED AS T~~ONTENTS
C: MO NIC2M(ITr/99-4-73 7
LOCATION
MAP FOR
LASKIN ROADPHASEII
' x-/,~ ,4,
PREPARED BY P/W ENG. DRAFT. 19-APR-1999
PROJECT PROGRAMMING RESOLUTION
WHEREAS, Virginia Department of Transportation (VDOT) construction allocation
procedures require that a City Council resolution be adopted in order for VDOT to 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 widening
of Salem Road to four lanes, from Independence Boulevard to Elbow Road Extended, a
distance of approximately 0.9 mile;
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 .ti. day of Nay
,1999, City of Virginia Beach, Virginia.
By:
City Manager
ATTEST
Clerk of Council
APPROVED AS TO
LEGAL SUFr:!CiENCY J
.i /~ture
Department
LOCATION MAP
SCALE : 1" -- 1,600'
/ \
/
//
,-% . / /
~ i
II
LOCATION
SALEM
MAP FOR /
C:MONI~TT/9~738
ROAD PHASE I!
' '~'~ SCALE: 1" : 800'
PREPARED BY PAN ENG. DRAFT. 14-APR-1999
r Ii
Item IV-l.l.b.(6iii)
- 32 -
ORDINANCES
ITEM # 44985
RESOURCE MANAGEMENT PLAN- Community For a Lifetime
(As proposed)
FY 1999-2000/FY 2004-2005 CAPITAL IMPROVEMENT PLAN
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Hetschober, Ctty Councd ADOPTED:
Resolutions re Vtrgtnta Department of Transportation (VDOT) proJects
2-048 - Princess Anne Road/Kempsville Road tntersectton
Vottng' 10-0
Council Members Voting Aye.
Ltnwood O. Branch, III, Margaret L. Eure, Wdliam W. Harrison, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Mayor Meyera
E Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr
and A M "Don" Weeks
Council Members Abstaining'
Reba S McClanan
Council Members Vottng Nay
None
Councd Members Absent'
None
Councd Lady McClanan ABSTAINED on parttctpatton and any discussion or vote on the Resolutton
requesting VDOTto establish aproject for the Princess Anne Road, Kempsvtlle Road lntersectton (I. 1. b. 6iii)
due to the fact that her husband and her own property in close proxtmtty to thts tntersectton
May 11, 1999
PROJECT PROGRAMMING RESOLUTION
WHEREAS, Virginia Department of Transportation (VDOT) construction allocation
procedures require that a City Council resolution be adopted in order for VDOT to 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 the Princess Anne Road I 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.
Adopted this 11 day of May
,1999, City of Virginia Beach, Virginia.
By:
City Manager
ATTEST
Clerk of Council
APPROVED AS TO NTS
[e~/~ure
partment
APPROVED AS TO
LEGAL SUFFiCiENCY
LOCATION MAP
Si
SCALE ' 1" -~ 1,600'
I
~ I
I !
!
I
/
/
/
/
/
/
-/ /
/
/
} /
·
/
/
/
//
/%/
L
J
/
I
I
I
I
LOCATION
MAP FOR
C:MONIC. M(I'I-r/99-4-740 PREPARED BY P/W ENG. DRAFT. 13-APR-1999
PRINCESS ANNE RD./KEMPSVILLE RD.------~
INTERSECTION IMPROVEMENTS'+~/ I
i
Item IV-I.2.
- 33 -
ORDINANCES
ITEM ii 44986
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, Ctty Councd DEFERRED TO THE
25 MAY 1999 CITY COUNCIL SESSION:
Ordinance to AMEND Secttons 7-50 and 7-57 of the Ctty Code re
operation of mopeds and bicycles on roadways and stdewalks,
respecttvely
Vottng 11-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L. Eure, Wilham W. Harrison, Jr.,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor
William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Vottng Nay
None
Councd Members Absent
None
May 11, 1999
Item IV-L3.
- 34-
ORDINANCES
ITEM # 4498 7
Upon motton by Vtce Mayor Sessoms, seconded by Council Lady Eure, Ctty Counctl DEFERRED TO THE
25 MAY 1999 CITY COUNCIL SESSION:
Ordinance to TRANSFER $835,110 from the General Fund Reserve for
Conttngenctes to the FY 1998-1999 Operating Budget of the Virginia
Beach Court Service Unit re Juvenile Secure, Non-Secure and
Outreach Detention Services.
Voting 11-0 (By Consent)
Councd Members Vottng Aye
Linwood O. Branch, III, Margaret L Eure, Wtlham W. Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M. "Don" Weeks
Council Members Voting Nay
None
Counctl Members Absent'
None
May 11, 1999
- 35-
Item IV-I. 4.
ORDINANCES
ITEM # 44988
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, City Council ADOPTED:
Ordtnance to authortze a temporary encroachment tnto a portton of the
City's rtght-of-way on the south stde of Cleveland Street, 75 1 l feet west
of Lavender Lane (4949 Vtrgtnta Beach Boulevard) by Phillips
Automotive, Inc re tnstallatton of a 4-tnch Fibre Optic Conduit
(KEMPSVILLE- DISTRICT 2)
The followtng condittons shall be requtred
The temporary encroachment shah be constructed and
maintatned tn accordance with the laws of the Commonwealth of
Vtrgtnta and the Ctty of Vtrgmta Beach and tn accordance with
the Ctty of Virgtnia Beach Pubhc Works Department's
spectficattons and approval as to stze, ahgnment and locatton
The temporary encroachment shall termtnate upon nottce by the
City of Virginia Beach to the apphcant and, within thirty (30)
days after such nottce ts gtven, such temporary encroachment
must be removed from the encroachment area by the apphcant
and the applicant wtll bear all costs and expenses of such
removal
The apphcant shall tndemmfy and bom harmless the City of
Vtrgtnta Beach, its agents and employees from and agatnst all
clatms, damages, losses and expenses, mcludmg reasonable
attorney's fees tn case it shah be necessary to file or defend an
action artstng out of the locatton or existence of such temporary
encroachment.
Nothtng heretn contatned shall be construed to enlarge the
permtsston and authortty to permit the matntenance or
constructton of any encroachment other than that spectfied
herein and to the hmtted extent specified herein, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the apphcant
5. The applicant agrees to maintain the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant must obtain a permit from the Office of
Development Servtces Center/Planmng Department prtor to
commenctng any construction withtn the encroachment area
Prtor to tssuance of a right-of-way permit, the apphcant must
post sureties, tn accordance with the project engineer's cost
esttmate, to the Office of Development Services Center/Planntng
Department
The applicant shah obtain and keep tn force all rtsk property
insurance and general habtlity or such insurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal named tnsured or loss payee, as apphcable.
The apphcant must also carry comprehensive general habthty
tnsurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combtned single hmits of such tnsurance
pohcy or pohctes The apphcant must provtde endorsements
provtding at least thtrty (30) days'written nottce to the Ctty prtor
to the cancellatton or ternnnatton of, or matertal change to, any
of the insurance polictes The apphcant assumes all
responstbthttes and habdtties, vested or contingent, wtth relatton
to the temporary encroachment
May 11, 1999
Item IV-I. 4.
- 36-
ORDINANCES
ITEM # 44988 (Continued)
9. The temporary encroachment wdl be jack-and-bored at a depth
of 36 inches to elimtnate te need to open-cut Cleveland Street
10. The apphcant must submit, for review and approval, a survey of
the encroachment area, certtfed by a registered professtonal
engtneer or a hcensed land surveyor and/or "as-built "plans of
the temporary encroachment, sealed by a registeredprofessional
engineer, tf required by the Ctty Engineer's office.
Voting. 11-0 (By Consent)
Counctl Members Voting Aye:
Ltnwood O. Branch, IIL Margaret L Eure, Wtlham W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlltam D Sessoms, Jr and A. M "Don" Weeks
Counctl Members Voting Nay
None
Council Members Absent
None
May 11, 1999
Requested by Department of Publmc Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE RIGHT-OF-WAY BY
PHILLIPS AUTOMOTIVE, INC., ITS
HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, Phillips Automotive, Inc. desires to construct
and maintain a 4" Fiber Optic Conduit into the City's rmght-of-way
10 located on Cleveland Street, 75.11 feet west of Lavender Lane.
11
12
WHEREAS, City Council is authormzed pursuant to §§ 15.2-
2-107 and 15.2-2009, Code of Virginia, 1950, as amended, to
13
14
authorize temporary encroachments upon the City's right-of-way
subject to such terms and conditmons as Council may prescrmbe.
15
NOW, THEREFORE BE ~T ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17
That pursuant to the authority and to the extent thereof
18 contamned in §§ 15.2-2107 and 15.2-2009, Code of Virgmnma, 1950, as
19
2O
amended, Phillips Automotive, Inc., its heirs, assigns and
successors in title is authorized to construct and ma~ntamn a
21 temporary encroachment for a 4" Fiber Optic Condumt zn the Cmty's
22 right-of-way as shown on the map entitled: "ENCROACHMENT PLAT OF 4"
23 FIBER OPTIC CONDUIT FOR PHILLIPS AUTOMOTIVE, INC. · VIRGINIA BEACH,
24
25
26
VIRGINIA", a copy of which is on file in the Department of Public
Works and to which reference is made for a more partmcular
description; and
27
28
29
3O
31
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and cr~terma
contained in the Agreement between the City of Vmrginia Beach and
Phillips Automotive, Inc., (the "Agreement") which ms attached
hereto and incorporated by reference; and
32
33
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
34 BE IT FURTHER ORDAINED, that this Ordmnance shall not be
35 in effect until such time as Phillips Automotive, Inc. and the City
36
37
38
Manager or his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the llth day of April , 1999.
39
40
41
42
CA- # 73 o ~
]ew/encroach/phmlllps.ord
R-1
PREPARED: March 25, 1999
!
APPROVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
m~7~CIE~;C~ ~m~
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
THIS AGREEMENT, made this/~t~ day of. ~._~~__~, 19._~,, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a mumcipal corporation, Grantor,
"City", and PHILLIPS AUTOMOTIVE, INC., ITS HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, it is proposed bythe Grantee to construct and maintain a 4" Fiber
Optic Conduit, "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and mmntaimng the Temporary Encroachment, ~t is
necessary that the Grantee encroach into a portion of an existing City right of way known as
Cleveland Street, 75' west of Lavender Lane, "The Temporary Encroachment Area"; and the
Grantee has requested that the City permit a Temporary Encroachment w~thin The Encroachment
Area
NOW, THEREFORE, for and ~n consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained ~n accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to w~t:
A Temporary Encroachment into The Encroachment Area as shown
on that certain plat entitled: "ENCROACHMENT PLAT OF 4"
FIBER OPTIC CONDUIT FOR PHILLIPS AUTOMOTIVE, INC.
· VIRGINIA BEACH, VIRGINIA", a copy of which is attached
hereto as Exhibit "A" and to which reference is made tbr a more
particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all clmms, 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 the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to mmntain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, ~n accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liabd~ty or such ~nsurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single hmits of such insurance policy or
policies. The Grantee will provide endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or material change to, any of the insurance
policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment will
be jack and bored at a depth of 36" to ehm~nate the need to open cut Cleveland Street.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by the City Engineer's Office.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection
of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and
pending such removal, the City may charge the Grantee for the use of The Encroachment Area,
the equivalent of what would be the real property tax upon the land so occupied if it were owned
by the Grantee; and if such removal shall not be made within the time ordered herein above by
this Agreement, the City may impose a penalty ~n the sum of One Hundred Dollars ($100.00) per
day for each and every day that the Temporary Encroachment is allowed to continue thereafter,
and may collect such compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Phillips Automotive, Inc. has caused this Agreement
to be executed by Tench H. Phillips, Jr., President of Phillips Automotive, Inc. with due authority
to bind said association. 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.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
Phil~p/~motive, Inc.
Te llips, Jr.,~resident
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me th~s
~day of~
,19__,by
., CITY MANAGER/AUTHORIZED DESIGNEE
OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of~
,19__, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
My Commission Expires:
Notary Public
STATE OF
CITY/COUNTY OF
, to-wit:
The foregoing instrument was acknowledged before me this / ~ day of
,19t~)', by Tench H. Phflhps, Jr., President of Phillips Automotive, Inc.
My Commission Expires:
IO $). ooxc
.'7
-3r NotarfPublic
APPROVED AS TO
LEGAL SUFFICIENCY
~'ITY ~TTOI~'~Y
APPROVED AS TO CONTENT
CITY REAL ESTATE AGENT
SITE
CLEVELAND ST.
1477-04-7425
25.00'
1477-04-9328
1477-04-8t33
LOCATION
rtl
z
m
75.11'
.
SCALE 1".1600'
5' ENCROACHMENT
EASEMENT
~ ,
1477-14-1278
LOCATION MAP FOR RIGHT OF WAY ENCROACHMENT
EASEMENT FOR PHILLIPS AUTOMOTIVE, INC.
TO BENEFIT PARCELS
1477--04-8837 AND
1477-04-9328
SCALE: 1' = 100'
PREPARED BY P,&V ENG. DRAFT. 2-10-99
550.00'
N 8~4'30= W
(;PIN 1477-04-8837
TENCH H. PHILLIPS, JR.
4949 VIR(;INIA BEACH BLVD
VIRGINIA BEACH, VA 23462
(DB 1738, P(; 592)
(MB 76, P(; 44)
0
250.00'
75.11'
(ua
~. OF 5' ENCROACHMENT EASEMENT
(TO HOUSE A 4" PVC CONDUIT)
TO BENEFIT PARCELS 1477-04-8837
AND 1477-04--9228
25.00'
(;PIN 1477-04-9928
TENCH H. PHILLIPS, JR.
4949 VIR(;INIA BEACH BLVD
VIR(;INIA BEACH, VA 23462
(DB 2694, P(; 1325)
(MB 258, PG 4)
0
(;PIN 1477-14-1278
PHYLLIS A HUDSON
(DB 3226, PC; 1945)
EXHIBIT 'A'
ENCROACHMENT PLAT OF
4" FIBER OPTIC CONDUIT
FOR PHILUPS AUTOMOTIVE, INC.
VIRGINIA BEACH, VIRGINIA
MILLER - STEPHENSON & ASSOCIATES, P.C.
ENVIRONMENTAL SCIENCES. PLANNING,
SURVEYING & ENGINEERING
5033 ROUSE DRIVE VIRGINIA BEACH, VIRGINIA 23462
(757)490-9264 FAX: (757)490-0634
Joatlt s064. PLAT RECORDED IN
Item IV-J. 1.
-37-
RESOLUTIONS
ITEM # 44989
Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Eure, City Counctl ADOPTED:
Resolution to authorize the City Manager to enter tnto a City/State
Agreement with the Virginia Department of Transportatton (VDOT)
and the Ctty of Chesapeake re a study of the economtc development
and land use tmpacts assoctated wtth the Southeastern Parkway
and Greenbelt as well as other transportation projects wtthtn the two
ctties. (Sponsored by Council Members Margaret L Eure and Harold
Hetschober)
Voting'
11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood O. Branch, III, Margaret L Eure, Wtlltam W. Harrison, Jr,
HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor
Wdham D. Sessoms, Jr. and A M "Don" Weeks
Council Members Vottng Nay.
None
Councd Members Absent
None
May 11, 1999
1 Requested by Councilmembers Margaret L. Eure and Harold Heischober
2
3
4
5
6
7
8
9
10
11
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CITY/STATE
AGREEMENT WITH THE VIRGINIA
DEPARTMENT OF TRANSPORTATION AND
THE CITY OF CHESAPEAKE FOR A STU-DY OF
THE ECONOMIC DEVELOPMENT AND LAND
USE IMPACTS ASSOCIATED WITH THE
SOUTHEASTERN PARKWAY AND GREENBELT
AND OTHER TRANSPORTATION PROJECTS
WITHIN THE TWO CITIES
12
WHEREAS, the City of Virginia Beach is pursuing the construction of the
Southeastern Parkway and Greenbelt between 1-264 East and the Oak Grove Connector in the City
14 of Chesapeake;
15
WHEREAS, the City of Chesapeake was formerly a participant in the environmental
16 studies for this project;
17
WHEREAS, the City of Chesapeake has expressed a willingness to recommit to the
project if it can be shown that the economic development and other interests in Chesapeake can be
19 served by the project;
20
WHEREAS, a jointly-appointed committee representing the two cities has met over
21 the last several months to identify the information that would allow the City of Chesapeake to decide
2 2 whether it should reaffirm its support for the project; and
23
WHEREAS, the Virginia Department of Transportation has made $100,000 available
2 4 to undertake a study of the economic development opportunities that would be presented through
2 5 construction of various transportation projects within the two cities, including the Southeastern
2 6 Parkway and Greenbelt.
27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
2 8 CITY OF VIRGINIA BEACH, VIRGINIA:
29
That the City Manager is hereby authorized to enter into a City/State Agreement with
3 0 the City of Chesapeake and the Virginia Department of Transportation for a study of the economic
31 development and land use impacts associated with the Southeastern Parkway and Greenbelt and
32 other transportation projects within the two cities.
33
34
April
Adopted by the Council of the C~ty of Virgima Beach, Virginia, on the llth day of
,1999.
CA-7367
ORDINLNONCODE\VA BEACH & CHESAPEAKE LAND USE AGREEMENT.RES
MAY 5, 1999
R1
- 38-
Item IV-J.2.
RESOLUTIONS
ITEM # 44990
Henry Ryto, 864 Old Vtrgtnta Beach Road, spoke tn SUPPORT of the Resolution for a Light Ratl
Referendum
Councilman Weeks read tnto the record his statement
"No one has greater apprectatton than I for the tmposstble job facing the
edttors of the Norfolk Vtrgintan/Ptlot tn trytng to cltrect the functions of Government tn
Hampton Roads wtthout the tnput from the voters If they make a wrong call, theirjobs are
safe and tt ts, 'Oh, well' Next issue Next echtortal We, as Members of the Ctty Counctl do
not have that corporate luxury behtnd us We were elected to serve at the wtll of the people,
to do the wtll of the people, not some corporate enttttes' collected chctate Thts Referendum
should not be vtewed as opponents or proponents It should be vtewed as keeptng the
promtse thts Counctl made earlter to our ctttzens to gtve them the opportuntty to vote on a
Referendum to determine whether they, not the Editors of the Ptlot, want a Ltght Ratl
project and its ensutng tax burdens It does not get any stmpler than that Desptte the
echtor's vtew that only proponents have artght to Referendum actton, those opposed have
that same rtght under our system of laws They should not be tnttmtdated or penaltzed for
wanttng to exerctse that right While I have sertous questtons about the Project and the
management of TRT, I beheve those for and agatnst, understanding Ltght Ratl's full
potenttal tmpact on their ltves andpersonal budgets, should have the right to vote yes or no
It was a Counctl promtse to the people Let the echtors understand that tf the people vote to
approve and fund this project, I wtll be first tn ltne to gtve thts Counctl's authortzatton If
they do not, however, I wtll ltkewtse be first tn ltne to vote tt down While some may argue
that only they, as the people's representattves, should make that dectston, I would only potnt
out the results of the last two Referendum votes taken Obvtously, the majority of thts
Rultng Body favored the two projects tn questton wholeheartedly, but tt was equally obvious
from the vote thetr employers chd not agree The people were chsgusted wtth what they
vtewed as mtsmanaged prtorittes and spenchng, and they let us know I take that to heart
It mtght also be noted the taxpayers of the Ctty of Vtrgtnta Beach also voted opposite the
way the Edttors of the Pilot told them to vote Isn't that tnteresttng~ I am sure we, as a
Counctl, can go on record, as vottng down ourparttctpatton tn thts Project, but let mepotnt
out that actton ts not btndtng on future Councils It wtll not keep future poltttctans from
trytng to take advantage of future vote apathy to force this cost on the people of the Ctty
I have great respect for the intelhgence of the people of the Ctty They know what they want
and expect from Government Ithtnk they are rapidly losing faith in our abtltty to make
good decisions in thetr best tnterest and exerctse what they constder prudent management
techniques, and establtsh what they feel areproper spenchngprtortttes They are lostngfatth
tn our Government They feel they are told one thtng and thetr Government does another.
It ts tncumbent on us to keep that faith It ts incumbent on us to reestabltsh and reorder our
prtortttes tn ltne wtth thetr wtshes. It ts tncumbent on us to do what we tell the people we are
going to do. Today, tt ts tncumbent on us to approve thts Resolution. Give the taxpayers the
right to vote this project up or down, yes or no That is the question we have told them ts
theirs to make. I urge you let us do the people's bustness without furtherpoltticaljockeytng
and tnstructtons form the editors of the Ptlot I urge you to vote to uphold this Counctl's
promise to let the people vote on Light Ratl Thank you Madam Mayor."
A MOTION was made by Councilman Weeks, seconded by Counctl Lady McClanan to ADOPT the
Resolution to call for an electron (Referendum) to be held on the questton of whether the Ctty
Counctl should enact an Ordtnance to (1) approve the Virginia Beach-Norfolk Light Rail Transit
Project; and, (2) request the General Assembly to enact a five percent (5%) tax on the retail price
of gasoline to fund the project. (Sponsored by Counctlman A. W. "Don" Weeks).
A SUBSTITUTE MOTION was made by Councilman Harrison, seconded by Counctlman Branch
to DEFER INDEFINITELY Resolutton re Referendum/Light Rail Transit
Counctlman Weeks AMENDED his motion, seconded by Counctl Lady McClanan to exclude the request to
the General Assembly to enact a five percent (5%) tax on the retatl prtce of gasoline.
May 11, 1999
- 39-
Item IV-J. 2.
RESOLUTIONS
ITEM # 44990 (Continued)
Upon SUBSTITUTE MOTION by Councilman Harrison, seconded by Councilman Branch, Ctty
Counctl DEFERRED INDEFINITEL Y:
Resolution re Referendum/Light Rail Transit
Vottng: 6-5
Council Members Voting Aye:
Ltnwood O Branch, III, Margaret L Eure, Wtlham W Harrtson,
Jr, Harold Hetschober, Louts R Jones and Vtce Mayor Wtlham
D Sessoms,
Counctl Members Voting Nay
Barbara M. Henley, Reba S. McClanan, Mayor Meyera E
Oberndorf, Nancy K Parker and Jr. A M "Don" Weeks
Council Members Absent
None
May 11, 1999
- 40-
Item IV-J.3.
RESOLUTIONS
ITEM # 44991
Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Eure, Cay Council ADOPTED:
Resolutton to authorize tax deferral for employees permitted to
purchase past service credit by allowing the City to pick up all,
or a portion of the member contrtbuttons of tts employees to the
Vtrgtnta Retirement System (VRS).
Voting'
11-0 (By Consent)
Councd Members Vottng Aye
Linwood O Branch, III, Margaret L Eure, Wdham W Harrison,
Jr., Harold Hetschober, Barbara M Henley, Louis R Jones,
Reba S McClanan, Mayor Meyera E Oberndorf Nancy K
Parker, Vice Mayor Wdham D Sessoms, Jr and A M "Don"
Weeks
Councd Members Voting Nay
None
Councd Members Absent
None
May 11, 1999
A RESOLUTION PROVIDING AUTHORIZATION TO PICK UP
THE EMPLOYEE'S CONTRIBUTION TO VRS FOR PAST
SERVICE CREDIT UNDER § 414(h) OF THE INTERNAL
REVENUE CODE
WHEREAS, the City of Virginia Beach desires to provide its employees with tax
6 deferral pursuant to §414(h) of the Internal Revenue Code with respect to their member
7 contributions to the Virginia Retirement System, the State Police Officers Retirement System and
8 the Judicial Retirement System (collectively referred to as "VRS") for the permissible purchase
9 of past service credit by picking up member contributions to the VRS;
10
WHEREAS, the pick up is authorized under Virginia Code Sections 51.1-142(I)
11 and 51.1-143(C); and
12
WHEREAS, the VRS keeps track of such picked up member contributions, and is
13 prepared to treat such contributions as employee contributions for all purposes of VRS;
14
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16
1. That effective the first pay day on or after the later of May 1, 1999 or the
17 date the member executes a binding and irrevocable salary reduction election relating to the past
18 service permitted to be purchased, the City of Virginia Beach shall pick up all or a portion of the
19 member contributions of its employees to VRS based on the terms of the salary reduction election,
20 and such contributions shall be treated as employer contributions in determining tax treatment
21 under the Internal Revenue Code of the United States;
22
2. That the binding salary reduction election to be executed by the member
23 shall include the following: (1) the beginning and ending date of the election, (2) the amount of
24 the salary reduction on a pay period by pay period basis, (3) the total amount of contribution
25 expected to be involved, (4) a statement that the member may not receive the contributed amounts
26 instead of having them paid by the City to the VRS, and (5) an agreement that the member will
27 not purchase the service credit through a lump sum payment during the period in which the salary
28 reduction election is in effect;
29
3. That the member may revoke the salary reduction election only in the event
30 of an unforeseeable emergency as that phrase is used and defined in IRC Section 457 and Treasury
31 Regulation Section 1.457-2(h)(4), and if such a revocation is made, the member may not make
32 a new salary reduction election during his period of employment;
33
4. That such contributions, although designated as member contributions, are
34 to be made by the City of Virginia Beach in lieu of member contributions;
35
5. That pick up member contributions shall be paid from the same source of
36 funds as used in paying the wages to affected employees;
37
6. That member contributions made by the City of Virginia Beach under the
38 pick up arrangement shall be treated for all purposes other than income taxation, including but not
39 limited to VRS benefits, in the same manner and to the same extent as member contributions made
40 prior to the pick up arrangement;
41
7. That nothing herein shall be construed so as to permit or extend an option
42 to VRS members to receive the pick up contributions made by the City of Virginia Beach directly
43 instead of having them paid to VRS; and
44
8. That notwithstanding any contractual or other provisions, the wages of each
45 member of VRS who is an employee of the City shall be reduced by the amount of member
46 contributions picked up by the City of Virginia Beach on behalf of such employee pursuant to the
47 foregoing paragraphs.
48
Adopted by the City Council of the City of Virginia Beach, Virginia on this 11th
49 day of May, 1999.
CA-7349 °
ORDIN\NONCODE\VRS SERVICE PRE-TAX PURCHASE.RES
MAY 5, 1999
APPROVED AS TO CONTENT:
Department of Finance
APPROVED AS TO LEGAL
SUFFICIENCY:
Lb~ty ~ttorney's Off~ ,o
VIRGINIA
RETIREMENT
SYSIEM
Wflham H Le~ghty
Director
1200 East Matn Street, PO Box 2500, ~chmond, Vlrgirua 23218-2500
Telephone (804) 649-8059 TDD (804) 344-3190
April 21, 1999
Memorandum
To:
From:
Subject:
Administrative Heads of Political Subdivisions and Superintendents of Public
School Divisions Picking Up Member Contributions to VRS
William H. Leighty, Director ~~
House Bill 133--Purchase of Prior Service Credit on a Tax-Deferred Basis
Legislation enacted by the 1998 Session of the General Assembly (HB 133) allows eligible VRS
members to purchase prior service credit on a tax-deferred basis. VRS has applied for and
received a private letter ruling from the IRS that makes it possible for employers who pay the
member's contribution to VRS to begin offering their employees tax-deferred purchase of prior
service credit with pay periods beginning May 1, 1999, provided certain conditions are met.
Enclosed, in question and answer format, is an analysis of the benefits to employees of
purchasing prior service credit on a tax-deferred basis.
Our records show you are currently paying member contributions to VRS. In order to offer the
option of tax-deferred purchase of prior service credit, your governing body must elect to pick up
the member's contribution to VRS based on the terms of a salary reduction election under
Section 414(h)(2) of the Internal Revenue Code. To do this, the governing body must submit the
enclosed resolution of"Authorization to Pick-up the Employee's Contribution to VRS for Past
Service Credit Under Section 414(h) of the Internal Revenue Code". This resolution must be
adopted in its entirety as written.
There is a potential tax consequence to the employee under Section 415 Contribution Limits of
the Internal Revenue Code when the employer picks up an employee's contribution to VRS for
the purchase of prior service credit. Under this section, annual additions for an employee under
all of an employer's plans, such as a tax-sheltered or tax-deferred annuity plan under IRC
Section 403(b), deferred compensation plan under IRC Section 457, any 401(k) plan, premium
conversion or before-tax welfare plan, may not exceed the lesser of 25% of' taxable
An Independent Agency of the Commonwealth of Vtrgmta
4/12/99
Q&As:
Tax-Deferred Purchase of Prior Service Credit
The Virginia Rettrement System (VRS) applied for and recetved a private letter ruling
from the Internal Revenue Servtce (IRS) allowing members of VRS to purchase prior
service credit on a tax-deferred basis through payroll deduction, provided their
employers have adopted the required resolution permittmg it. Following are answers to
questions employers and employees may have about the new purchase option
Purchase of Service
Q. Why would a member want to purchase service credit?
A. Purchasing prior service credit can increase the amount of a member's VRS retirement
benefit because the amount of the benefit is determined by the member's average final
compensation, age and the amount of service credit he or she has at retirement.
Q. Who's eligible to purchase service credit?
A. Any VRS member who ever left a VRS-covered position and lost service credit
because he or she took a refund of retirement account contributions and interest may
restore that service by buying it back through a lump sum payment or through payroll
deduction. Certain other types of service, such as service in a retirement system of
another state, military service and service lost due to certain types of leave can also be
purchased.
Q. How much does it cost to purchase service credit?
A. Depending on the type of service the member is purchasing and the number of years of
service credit earned, the purchase rate is 5 percent or 15 percent of the member's salary
at the time of purchase (or average of his or her income over any three consecutive years
if higher than the current salary). Only purchases based on 5 percent of current salary are
eligible for purchase through payroll deduction.
Q. How does a member pay for the service?
A. Until now, purchases of prior service credit could be made on an after-tax basis, either
through monthly payroll deductions or in a lump-sum payment.
Tax-Deferred Purchase of Service
Q. How does the IRS private letter ruling change this?
A. The IRS private letter ruling gives VRS members who purchase prior service credit at
5 percent of current salary the option to purchase the service on a tax-deferred basis,
provided the employer has adopted the required resolution to provide this option. The
purchase must be made through payroll deductions and the member must sign an
irrevocable salary reduction payroll agreement spelling out the terms of the purchase
before deferrals can begin.
Q. What types of prior service credit can be purchased on a tax-deferred basis?
A. Any type of prior service credit that can be purchased at the rate of 5 percent of current
income can be purchased on a tax-deferred basis. That includes the following types of
service:
Service credit lost because a member left a VRS-covered position and took a refund
· Up to four years of credit while a member was on personal sick leave after January 1,
1964
· Up to three months of service for periods of maternity leave taken after January 1,
1964
· Up to four years of credit for periods of time while a member was on educational
leave or leave for temporary employment with the General Assembly
· Service for time a member worked as an instructional aide in a public school system
in Virginia before July 1, 1974
· Time when a member was employed by a political subdivision if he or she rejected
membership when the subdivision first become covered
· Service lost because a member was hired after age 60 and excluded from membership
because of age
· Service lost because a member left with fewer than five years of service and was
required to take a refund (members terminating employment between July 1, 1986 an
June 30, 1988)
· For a member with at least 25 years of service, up to four years of active duty military
service, service with a public retirement system of Virginia or another state, or
civilian service of the United States.
Q. Can service purchased at 15 percent of creditable compensation or average final
compensation be purchased on a tax-deferred basis?
A. No. The only service that can be purchased on a tax-deferred basis is service that can
be purchased at 5 percent of current salary.
Q. What is the advantage to the member to purchase prior service credit on a tax-deferred
basis?
A. Purchasing prior service credit on a tax-deferred basis reduces the amount of the
member's gross income that is subject to taxes. Because the amount the member has
deducted to purchase service is treated as an employer contribution for purposes of
determining federal and state income tax treatment, it is subtracted from the gross income
before taxes are paid. This allows the member to achieve current-year tax savings while
building up the amount of service credit he or she has towards retirement.
The following example shows the effect of purchasing service credit on a tax-deferred
basis compared to purchasing it on an after-tax basis:
After-Tax
Purchase of Service
Tax-Deferred
Purchase of Service
$2,000 Gross Salary $2,000
Service Purchase Deduction
100
153 FICA Tax 153
270 Federal Income Tax 252
83 State Income Tax 77
100 Service Purchase Deduction -
This example uses the 1999 FICA, Federal and State Tax withholding rates for a single
person who clatms zero withholding allowance.
Employer Action Needed to Permit Tax-Deferred Purchase
Q. How can an employer provide this tax-deferred purchase of prior service option to
employees?
A. Only employers that pay the member's 5 percent mandatory contribution to the VRS
may participate in the tax-deferred purchase program. If an employer is not currently
paying the member's 5 percent mandatory contribution to the VRS, the governing body
must elect to do so by:
· adopting a resolution of "Authorization to Pick Up the Employee's Contribution to
VRS Under Section 414(h) of the lntemal Revenue Code" (This pick up will apply to
all mandatory contributions for all members.); and by
adopting a resolution of"Authorization to Pick Up the Employee's Contribution to
VRS for Past Service Credit." This pick up of past service credit is in the form of a
salary reduction arrangement.
If the employer is already paying the member's 5 percent mandatory contribution, then
the employee must submit the adopted resolution of "Authorization to Pick Up the
Employee's Contribution to VRS for Past Service Credit."
Q. What happens to member contributions paid by the employer for prior service credit
under a salary reduction arrangement?
A. Member contributions paid by the employer under a salary reduction arrangement are
treated as employer contributions and are credited to the member's contribution account
on a tax-deferred basis.
Q. Once in the program, can an employer later opt out of it?
A. No. The resolution is irrevocable.
Member Action Needed to Permit Tax-Deferred Purchase
Q. What does the member do to elect this option?
A. After the employer has authorized the tax-deferred purchase, the member must sign
and submit a binding and irrevocable salary reduction election that includes the
following:
number of months eligible for purchase
the start date and anticipated ending date of the election
· a statement that the member may not receive the contributed amounts instead of
having them paid by the employer to VRS
· an agreement that the member will not purchase the service credit through a lump-
sum payment during the period in which the salary reduction election is in effect.
Q. When is the agreement effective?
A. The agreement is effective on the first day of the first payroll period beginning on or
after the later of:
· the date the employer resolution is signed, or
· the date the member signs the Salary Reduction Election form
Q. can a member buy back only a portion of the prior service credit that he or she is
eligible to purchase?
A. Yes. A member may sign a Salary Reduction Election form that includes part or all of
the prior service credit that he or she is eligible to purchase.
Q. Can a member elect to have both a tax-deferred purchase and a non-tax-deferred
purchase through payroll deduction?
A. No. Only one payroll deduction at a time is allowed for the purchase of prior service
credit.
Terms of Agreement for Tax-Deferred Purchase
Q. Once a member has signed the "Salary Reduction Election" form, can he or she later
stop the withholding?
A. No. The member's election to purchase prior service credit on a tax-deferred basis
through payroll deductions is irrevocable and may not be terminated except in the event
of an unforeseeable emergency as that phrase is used and defined in IRC Section 457 and
Treasury Regulation Section 1.457-2(h)(4). If a member must terminate the agreement
because of an unforeseeable emergency, he or she will not be able to purchase any service
remaining under the contract on a tax-deferred basis. However, he or she may purchase
the service later on an after-tax basis.
Q. What is considered an "unforeseeable emergency" that would allow a member to stop
purchasing prior service credit?
A. An "unforeseeable emergency" is a severe financial hardship resulting from a sudden
and unexpected illness, accident or loss of property due to casualty, or any other similar
extraordinary and unforeseeable circumstance arising as a result of events beyond the
control of the member. Unforeseeable emergencies do not include the need to send a child
to college or the desire to purchase a home.
Q. Who is responsible for making the determination that an unforeseeable emergency
exists?
A. The employer determines that the criteria for an unforeseeable emergency exists and
apprises VRS of its determination.
Q. What happens if a member goes on long-term disability under the Virginia Sickness &
Disability Program (VSDP)? Can the member continue to purchase prior service credit on
a tax-deferred basis?
A. Payroll deductions cannot be made while a member is receiving long-term disability
payments under the VSDP; however deductions would resume when the member returns
to active employment. Payroll deductions will continue at 5 percent of full creditable
compensation while a member is on short-term disability under VSDP.
Q. What if a member goes on leave without pay? Does this terminate the contract?
·
A. No. Payroll deductions cannot be made while a member is on leave without pay;
however, deductions would resume when the member returns to active employment.
Q. What if a member's pay is docked?
A. The amount of deduction for purchase of prior service credit is always 5 percent of
creditable compensation, even if a member's pay is reduced due to docking.
Q. If a member transfers to another VRS employer, is the purchase agreement
terminated?
A. Yes. However, the member retains his or her eligibility as long as the new employer
has adopted the required resolution to provide for purchase of prior service credit on a
tax-deferred basis. The transferring member will need to complete and submit a new
Salary Reduction Election form to the new employer within 30 days of leaving his or her
prior employer in order to purchase the remaining service. If the employer does not offer
purchase of service on a tax-deferred basis, the member can always purchase the service
on an after-tax basis.
Q. What if a member terminates his or her job while purchasing service credit on a tax-
deferred basis?
A. Upon termination of employment, the agreement is terminated and the member cannot
complete the purchase on a tax-deferred basis. However, if the member returns to active
service, the purchase can be completed on an after-tax basis.
Q. If an employee terminates employment, can the amount of deductions be increased so
that he or she can pay off the purchase by the last pay period?
A. No. Once the election is made to purchase prior service credit using the tax-deferred
method, the amount that is withheld is always 5 percent of creditable compensation.
Q. What if the member dies while purchasing prior service credit on a tax-deferred basis?
A. The member's payments for the purchase of prior service credit would stop and
service purchased by contributions made up to the date of death would be credited to the
member's account.
Effect of Tax-Deferred Purchase on Other Benefits
Q. Will purchasing prior service credit on a tax-deferred basis affect a member's
creditable compensation for VRS retirement and group life insurance.
A. No. It will not reduce a member's creditable compensation for retirement or group life
insurance purposes.
Q. Are there other potential tax implications to the employee?
A. Various sections of the Internal Revenue Code place limits on the amount of
contributions an employee may make to a deferred compensation plan under IRC Section
457, a tax-sheltered or tax-deferred annuity plan under IRC Section 403(b), or other tax-
sheltered plan. Since these limitations are based on gross income, and purchasing prior
service on a tax-deferred basis reduces gross income, the maximum amount an employee
could contribute to any tax-sheltered plan could be reduced.
Other Considerations for the Employer
Q. Will electing to provide tax-deferred purchase of prior service credit increase my
employer contribution rate?
A. No. The actuarial liability would be the same as a purchase of prior service credit on
an after-tax basis.
Q. What payroll system changes will be necessary for my agency to participate?
A. None, if the payroll system accommodates salary reductions for tax-deferred purposes.
The employer reports the payroll deduction for the purchase of prior service credit just as
you now do. A copy of your employee's Salary Reduction Election agreement and
Payment Option Agreement (VRS-26c) must be submitted to VRS with your monthly
payroll report.
Q. Will VRS subsidize the costs required for changing my payroll system?
A. No. If your payroll system accommodates salary reductions for tax-deferred purposes,
changes to your payroll system should not be necessary.
Q. If my agency elects to provide this tax-deferred option, will it automatically change all
purchases that are currently designated "member-paid after-tax" to "tax-deferred" buy
backs?
A. No. Members who are already purchasing prior service credit on an after-tax basis
must sign the irrevocable Salary Reduction Election agreement in order to change from
"member-paid after-tax" to "tax-deferred" status.
- 41 -
Item IV-K.
PUBLIC HEARING
ITEM # 44992
PLANNING
Mayor Meyera E Oberndorf DECLARED a PUBLIC HEARING on
PLANNING
1. ALI HAMBAZ
CONDITIONAL USE PERMII~
2. BG CONSTRUCTION CORPORA TION
CONDITIONAL CHANGE OF
ZONING
3. ROBERT G. AND DONNA S. BREWER
CHANGE OF ZONING
CONDITIONAL USE PERMIT
4. BA YMARK CONSTRUCTION CORPORA TION
CONDITIONAL CHANGES
OF ZONING
CONDITIONAL USE PERMIT
May 11, 1999
- 42 -
Item IV-K. 1.
PUBLIC HEARING
ITEM # 44993
PLANNING
Ron Mtckiewtcz, 325 Office Square Lane, Phone 497-5862, represented the apphcant
Upon motton by Councdman Weeks, seconded by Vtce Mayor Sessoms, Cay Counctl DENIED Or&nance
upon apphcatton of ALI HAMBAZ for a Conchttonal Use Permtt
ORDINANCE UPON APPLICATION OF ALI HAMBAZ FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION
Or&nance upon apphcatton of Ah Hambaz fora Conchttonal Use Permtt
for an automobile servtce statton tn conjunctton wtth a conventence store
and a car wash on the East side of South Independence Boulevard, south
of South Boulevard Satd parcel ts located at 360 and 368 South
Independence Boulevard) contatnmg 2 2 acres. (KEMPSVILLE -Dtstrtct
2)
Vottng 11-0
Counctl Members Vottng Aye'
Linwood 0 Branch, III, Margaret L Eure, Wtlliam W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and A. M "Don" Weeks
Council Members Vottng Nay
None
Counctl Members Absent
None
May 11, 1999
Item IV-K.2.
- 43 -
PUBLIC HEARING
ITEM # 44994
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Henley, City Counctl DEFERRED unttl
the City Council Session of May 25, 1999, Ordtnance upon appltcatton of BG CONSTRUCTION, a
Vtrgtnta Corporation, for a Conchttonal Change of Zontng
ORDINANCE UPON APPLICATION OF BG CONSTRUCTION
CORPORATION, A VIRGINIA CORPORATION FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO
CONDITIONAL R-10
Ordinance upon application of BG Constructton Corporatton, a Vtrgtnta
Corporation for a Change of Zoning Dtstrtct Classtficatton from AG-1 &
AG-2 Agricultural Districts to Conditional R-10 Residential Dtstrtct with
Htstoric and Cultural Distrtct Overlay on certain property located at the
northeast corner of Holland Road and Princess Anne Road The proposed
zonmg classification change to Conchttonal R-10 ts for single famtly
residential land use on lots no less than 10,000 square feet The
Comprehenstve Plan recommends use of thts parcel for suburban
restdenttal/low density at denstttes that are compattble wtth stngle family
use tn accordance wtth other Plan pohctes Satd parcel contatns 14 83
acres. PRINCESS ANNE - DISTRICT 7
Rendenngs of the plan shall be provided by the apphcant.
Voting. 11-0
Council Members Voting Aye
Ltnwood O. Branch, III, Margaret L. Eure, Wtlham W Harrison, Jr.,
HaroM Heischober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay:
None
Council Members Absent'
None
May 11, 1999
- 44 -
Item IV-K.$.
PUBLIC HEARING
ITEM # 44995
PLANNING
Attorney R E Bourdon, represented the apphcant and presented pettttons tn SUPPORT of the apphcatton
Matthew Brown, member of the Brewer Family, represented the apphcant
Upon motton by Counctl Lady Henley, seconded by Councd Lady Parker, Ctty Counctl DEFERRED unttl
the City Counctl Sesston of May 25, 1999, Ordtnances upon apphcatton of ROBERT G. AND DONNA S.
BREWER for a Change of Zontng and Condtttonal Use Permit
ORDINANCE UPON APPLICATION OF ROBERT G AND DONNA S
BREWER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-IA
LIMITED COMMUNITY BUSINESS DISTRICT
Ordtnance upon apphcatton of Robert G and Donna S Brewer for a
Change of Zontng Dtstrtct Classt. ficatton from AG-2 Agricultural Dtstrict
to Conchttonal B-IA Limited Communtty Bustness Dtstrtct on certain
property located 470 feet more or less north of North Landtng Road,
begtnntng at a potnt 550feet more or less east of George Mason Drive The
proposed zontng classtficatton change to Condtttonal B-IA is for low
intenstty commerctal land use The Comprehenstve Plan destgnates thts
parcel as betng tn the Transttton Area. Thts area ts planned for
appropriate growth opportuntttes, consistent wtth the economtc vttahty
pohctes of Vtrgtnia Beach tn accordance wtth other Plan pohctes Satd
parcel contatns 3.9 acres PRINCESS ANNE - DISTRICT 7
AND,
O~INANCE UPON APPLICATION OF ROBERT G. AND DONNA S
BREWER FOR A CONDITIONAL USE PERMIT FOR A SELF-STORA GE
FA CILITY
Ordtnance upon application of Robert G and Donna S Brewer for a
Conchtional Use Permit for a self-storage facthty on certain property
located 470feet more or less north of North Lan&ng Road, begtnntng at
a point 550feet more or less east of George Mason Drtve. Said parcel
contains 3.9 acres. PRINCESS ANNE - DISTRICT 7
Voting' 9-0
Council Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Harold He~schober, Barbara
M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Nancy K Parker, and A M "Don" Weeks
Counctl Members Voting Nay
None
Counctl Members Abstaimng'
Vtce Mayor Wtlham D. Sessoms, Jr. and Wtlliam W. Harrtson, Jr
Counctl Members Absent
None
Vice Mayor Sessoms ABSTAINED, as his bank, Wachovta, has a lien on the property
Councdman Harrtson ABSTAINED, as hts law firm represents Wachovia Bank
May 11, 1999
- 45 -
Item IV-K. 4.
PUBLIC HEARING
ITEM ii 44996
PLANNING
The following regtstered to speak tn SUPPORT:
Attorney R. E Bourdon, represented the apphcant
Ehzabeth Gerber, 1928 Rossini Drtve, Phone: 426-3680
Kathleen Kurgan, Nestlebrook Lane, Phone 521-1019
Ed Fowler, Prestdent- Courthouse Estates
The followtng regtstered in OPPOSITION:
Melinda G Ktckhghter 4177 West Neck Road, Phone: 426-1234
A motion was made by Councd Lady Henley, seconded by Council Lady Parker, to DENYApphcattons of
BAYMARK CONSTRUCTION CORPORATION Changes of Zonmg Dtstrtct Classtficatton and a
Condtttonal Use Permtt
Upon motion by Councdman Harrtson, seconded by Councdman Branch, Ctty Councd ADOPTED
Ordtnances upon applicatton of BA YMARK CONSTRUCTION CORPORA TION for Condtttonal Changes
of Zomng and a Condttional Use Permtt
ORDINANCE UPON APPLICATION OF BA YMARK CONSTRUCTION
CORPORATION FOR CONDITIONAL CHANGES OF ZONING
DISTRICT CLASSIFICATIONS Z05991131
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon applicatton of Baymark Construction Corporatton for
Changes of Zoning Distrtct Classtficatton on the followtng parcels
Parcel 1 'AG-1 Agricultural District to Condittonal AG-1 Agricultural
Dtstrtct with a PD-H1 Planned Unit Development Distrtct Overlay on
property located 600 feet more or less north of Inchan River Road
beginning at a point 7600feet more or less west of West Neck Road
Parcel 2 AG-1 Agrtcultural Distrtct to Conchttonal AG-1 Agrtcultural
District wtth a PD-H1Planned Untt Development District Overlay on
property located 3400 feet more or less north of Indian R~ver Road
begtnntng at a potnt 3300feet more or less west of West Neck Road
Parcel 3 AG-2 Agrtcultural Dtstrtct to Condittonal AG-2 Agrtcultural
Distrtct with a PD-H1 Planned Unit Development District Overlay on
property located 2550 feet more or less north of Inchan Rtver Road
beginntng at a potnt 4850feet more or less west of West Neck Road
Parcel 4. AG-2 Agricultural Dtstrict to Conditional AG-2 Agrtcultural
District with a PD-H1 Planned Unit Development Dtstrtct Overlay on
property located 3050 feet more or less north of In&an River Road
beginntng at a point 3650feet more or less west of West Neck Road
Parcel 5 AG-2 Agrtcultural District to Condtttonal AG-2 Agrtcultural
Dtstrtct with a PD-H1 Planned Unit Development Dtstrtct Overlay on
property located 2500 feet more or less north of In&an Rtver Road
beginning at a potnt 2550feet more or less west of West Neck Road
Parcel 6:R-40 Restdential Dtstrict to Condtttonal R-40 Restdenttal Dtstrict
wtth a PD-H1 Planned Untt Development Dtstrtct Overlay on property
located on the north side of lndtan Rtver Road beginning at a potnt 5200
feet more or less west of West Neck Road
Parcel 7 R-20 Residenttal Distrtct to Condtttonal R-20 Residenttal Dtstrtct
wtth a PD-H1 Planned Untt Development Dtstrtct Overlay on property
located on the north side of Indian Rtver Road begtnntng at a potnt 5600
feet more or less west of West Neck Road
May I1, 1999
- 46-
Itetn IV-K. 4.
PUBLIC HEARING
ITEM # 44996 (Continued)
PLANNING
Parcel 8. AG-1 Agricultural District to Con&ttonal P-1 Preservation
Dtstrtct on property located 2850feet more or less north of Indian River
Road begtnmng at a point 4 750feet more or less west of West Neck Road
Parcel 9. AG-1 Agricultural District to Conditional P-1 Preservation
District on property located 3400feet more or less north of In&an River
Road begtnmng at a point 3 750feet more or less west of West Neck Road
Parcel lO'AG-2 Agricultural District to Conditional P-1 Preservation
District on property located 2730feet more or less north of Indian River
Road beginning at a point 4800feet more or less west of West Neck Road
Parcel 11 AG-2 Agricultural District to Conditional P-1 Preservation
District on property located 2300feet more or less north of Indian River
Road beginning at a point 3200feet more or less west of West Neck Road
Parcel 12 AG-2 Agricultural District to Con&ttonal P-1 Preservation
District on property located 4050feet more or less north of Indian River
Road beginning at a point 1520feet more or less west of West Neck Road
Parcel 13.'AG-2 Agricultural District to Conditional P-1 Preservation
District on property located 2050feet more or less north of In&an River
Road beginning at a potnt 2150 more or less west of West Neck Road.
Parcel 14'R-20 Residential District to Conditional P-1 Preservation
District on property located 1850feet more or less north of Indian River
Road beginning at a point 5000feet more or less west of West Neck Road
Parcel 15'R-20 Residential District to Conditional P-1 Preservation
District on property located 600feet more or less north of In&an River
Road beginning at a point 3650feet more or less west of West Neck Road
Parcel 16 R-40 Restdentlal District to Conditional P-1 Preservation
District on property located 550feet more or less north of In&an Rivet'
Road beginning at a point 3 750feet more or less west of West Neck Road
The proposed zoning classification changes to Conditional PD-H1 and
Con&tional Pol are for mixed land use The Comprehensive Plan
designates this site as being in the Transition area. The Transition area for
thls parcel ls planned for appropriate growth opportunities conststent with
the economic vltahty pohcies of Virglnta Beach Sald parcels contain 419 8
acres PRINCESS ANNE - DISTRICT 7
The following conchtion shall be required
1. An Agreement encompassingproffers shall be recorded with the
Clerk of Circuit Court
ORDINANCE UPON APPLICATION OF BA YMARK CONSTRUCTION
CORPORATION FOR A CONDITIONAL USE PERMIT FOR A GOLF
CO URSE R 05992269
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Baymark Construction Corporation for a
Conditional Use Permit for a golf course on certain property located on the
west side of West Neck Road beginning at a point 4630feet more or less
south of North Landing Road Said parcel contains 112 585 acres
PRINCESS ANNE -DISTRICT 7
May 1I, I999
-47-
Item IV-K 4
PLANNING
ITEM # 44996 (Continued)
The following con&ttons shall be required'
The apphcant shah develop the golf course, to the greatest
degree practical, tn accordance with the General Golf Course
Development Guidehnes set forth tn the Comprehensive Plan
The apphcant ts to devise a comprehensive plan that addresses
the various criteria hsted tn the Golf Course Development
Gutdehnes and have this plan reviewed and approved by the
Planmng Department staff prtor to the submittal of detailed site
plans for the golf course.
2. The apphcant shah also develop a comprehensive environmental
plan that satisfactorily addresses the following
ao
Plans for a wetlands bench for the estabhshment of emergent
vegetation, to be provided along the perimeter of the on-site
lakes wherever practical, showing areas to be benched and
specific design criteria, tnclu&ng a detatled planttng plan.
.4 comprehensive stormwater/lake management plan, to assist tn
the evaluation of the proposal pursuant to Section 9 of the
Southern Watersheds Management Or&nance.
C°
Details regarding the proposed irrigation system, to include a
description of the long-term irrigation system for the site which
addresses the method of irrigation, well site locations, permitted
requirements for groundwater withdrawal, the amount of water
available for withdrawal and a description of the &strtbutton
system to be utihzed for the stormwater management/lake system
tnclu&ng methods to be utthzed for maintaining optimum water
levels above wetland benches
Consultation with the Virginia Department of Game and Inland
Fisheries regar&ng wet pond design and compatibthty with
wildhfe A monitoring and control program for common
reedgrass will be included as part of the stormwater management
plan.
Detaded stte plans clearly identifying areas of the site which are
to remain un&sturbed and tnclu&ng a description of tree
protection measures to be utihzed during the development The
clearing of trees and understory will be hmtted to the amount
necessary to accommodate desired course features.
Consultation with the Virgtma Department of Game and Inland
Fisheries, Virginia Department of Conservation and Recreation
and the Division of Natural Heritage, regar&ng the existence of
rare, endangered and unique species on the site
Plans for a wetlands bench for the establishment of emergent
wetlands vegetation, to be provided along the perimeter of on-
site lakes wherever practical, showing areas to be benched and
specific design criteria, tnclu&ng a detatled planttng plan
The apphcant shall de&cate 15 feet on West Neck Road, for
right-of-way purposes, tn accordance with the Master
Transportation Plan Ad&tional right-of-way may be necessary
as a result of left and right turn lanes which may be required
with this development
The applicant shah include a 150-foot right-of-way de&cation
for West Neck Parkway, consistent with the Master
Transportation Plan
May 11, 1999
Item IV-K. 4.
- 48-
PUBLIC HEARING
ITEM # 44996 (Continued)
PLANNING
These Ordinances shall be effective tn accordance wtth Section 107 09 of the Zomng Ordtnance
Adopted by the Council of the Ctty of Virgtnia Beach, Vtrginia, on the Eleventh of May, Nineteen Hundred
and Ntnety-Ntne
Voting: ~3
Counctl Members Voting Aye
Linwood O. Branch, III, Margaret L. Eure, Wdliam W. Harnson, Jr,
HaroM Hetschober, Louts R Jones, Vice Mayor Wdham D. Sessoms, Jr
and A. M "Don" Weeks
Councd Members Voting Nay.
Barbara M Henley, Mayor Meyera E. Oberndorf and Nancy K Parker
Councd Members Abstaining
Reba $. McClanan.
Counctl Members Absent
None
Counctl Lady McClanan ABSTAINED, as she and her husband own property adjacent to the properttes
whtch are subjects of the appltcatton
May 11, 1999
Item IV-L. 1.
- 49-
APPOINTMENTS
ITEM # 4499 7
BY CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS:
CHESAPEAKE BA Y ASAP POLICY BOARD
COMMUNITY SER VICES BOARD
SOCIAL SER VICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
WETLANDS BOARD
May II, 1999
- 50-
Item IV-N. 1.
NE W BUSINESS
ITEM # 44998
BY CONSENSUS, City Council:
ACCEPTED FOR RECORDING: ABSTRACT OF CIVIL CASES
RESOLVED - APRIL 1999
May 11, 1999
- 51 -
Item IV-N. 2.
NE W BUSINESS
ITEM # 44999
Counctlman Harrtson expressed concern relattve informatton recetved from members of the Norfolk busmess
communtty advtstng of a televtston program tn whtch Councilman Weeks had accused the Tidewater
Transportation District Commission of betng a "corrupt organization" To say TRThas had problems wtth
mismanagement ts one thing, to accuse the organtzatton of being "corrupt" requires a pubhc apology or
documented evtdence If not supphed, Counctlman Harrtson will request, durtng the Ctty Counctl Sesston
of May 25, 1999, Counctlman Weeks' removal from the Ttdewater Transportatton Dtstrtct Commtsston
Councilman Harrison has volunteered to serve tn hts stead.
May 11, 1999
Item IV-O.
ADJOURNMENT
- 53 -
ITEM # 45000
Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:07 P.M.
Hooks, CMC/AAE
Chtef Deputy Ctty Clerk
City Clerk
Meyera E Oberndorf
Mayor
City of Virginia Beach
Virginia
May 11, 1999
CITY OF VIRGINIA BEA CH
SUMMARY OF COUNCIL ACTIONS
H
E 0
H I M B
A S C E S
DATE 11 May 1999 B R C H C R P E
PAGE 1 R R H E J L N A S W
A E I O N O A D R S E
N U S B L N N O K O E
AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION H E N R Y S N F R S S
VOTE
1/11//111/ MINUTES 04 MAY 1999 APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y
IV/F B B
S S
T T
A A
I I
N N
E E
D D
G/H/ PUBLIC HEARING NO SPEAKERS
I FEE INCREASES - Subdivision Plat/
S~te Plan Rewews
I/1 RESOURCE MANAGEMENT PLAN -
Commumty For a Lifebme
a FY 1999-2000 OPERATING BUDGET
APPROPRIATIONS
(1 ) Ordinance to estabhsh Appropnabons ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
of $1,069,675,774 for Operations/
$376,298,502 Interfund Transfers
(2) Ordinance to establish Tax Levy on Real ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Estate for FY 2000 at $1 22
(3) Ordinance to establish Tax Levy on ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Personal Property for Year 2000 at
$3 70/Machinery and Tools at $1 00
(4) Ordinance to authorize an Annual Funding ADOPTED 11-0 Y Y Y Y Y Y Y Y Y y y
Plan to HUD
(5) Ordinance to AMEND Sec 35-254/35-264 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
of C~ty Code re E-911 Tax
(6) Ordinance to AMEND Sec 8-31/8-32/8- ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
33/8-34/8-56 of C~ty Code re Permit and
Inspection fees
(7) Ordinance to extend Ga~nshanng for ADOPTED 10-1 Y Y Y Y Y Y N Y Y Y Y
eligible C~ty employees
ADD- Ordinance to establish InstructJonal ADOPTED 10-1 Y Y Y Y Y Y Y Y N Y Y
ON Technology Special Revenue Fund /
set forth C~ty's intent to appropnate
$1 5 M annually to fund technology for
schools to a maximum of $12 M
(8) Ordinances to AMEND the C~ty Code
(I) Sec 2-267/2-442 transfemng Parking ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Systems Mgt to Dept of ConventJon/
V~s~tor Development
(~) Sec 35-64/35-67 re exemption or deferral ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
of Real Estate Taxes for elderly or
d~sabled persons
(~l~) Sec 5-11 1/5-17/5-70 re fees for animal ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
boarding and impoundment
(~v) Sec 2-83 re hohdays falhng on weekend ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
9 Ordinances to AMEND City Code re
Development
(I) Subdlws~on Regulations Sec 8 1 re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Subd~ws~on Plat Review
(~) Site Plan Ordinance Sec 3 2A 2 re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Site Plan Rewew
b FY 1999-2000/FY 2004-2005 CIP
(1) Ordinance to authonze issuance of G O ADOPTED 9-0 Y Y A Y A Y Y Y Y Y Y
Bonds of $56,700,000 re pubhc fac~ht~es/ B B
general improvements S S
T T
Councilman Hamson abstained re G O A A
Bonds and Ferrell Prkwy I I
N N
Council Lady Henley abstained re Lask~n E E
Roa~l Phase I D D
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0
H I M B
A S C E S
DATE: 11 May 1999 B R C H C R P E
PAGE' 2 R R H E J L N A S W
A E I O N O A D R S E
N U S B L N N O K O E
AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION H E N R Y S N F R S S
VOTE
(2) Ordinance to authorize issuance of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Water/Sewer System Revenue Bonds of
$9,513,500
(3) Ordinance to authorize Bonds of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
$5,300,000 re expansions to City's
Stormwater Uflht~ System
(4) Ordinance re FY 1999-2000/FY 2004/ ADOPTED 9-0 Y Y A Y A Y Y Y Y Y Y
2005 CIP to APPROPRIATE B B
$173,135,507 for FY 1999-2000 Capital S S
Budget T T
A A
I I
N N
E E
D D
(5) Ordinance to APPROPRIATE $1,900.000 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
esbmated year-end surplus from School
Board's FY 1998-1999 Operabng Budget
to Student Data Management System
(6) Resolutions re VDOT projects
(0 Great Neck Road to include wldemng of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
bridge on 1-264 (previously Rt 44)
(~) Laskln Road - Phase II Birdneck Road to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
30th/31st Street spht
(~) Pnncess Anne Road/Kempsv~lle Road ADOPTED 10-0 Y Y Y Y Y Y A Y Y Y Y
intersect~on B
S
T
A
I
N
E
D
(~v) Salem Road - Phase II Independence ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Boulevard to Elbow Rd Extended
2 Ordinance to AMEND Sec 7-50/7-57 of DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
City Code re mopeds/b~cycles 05/25/99
BY CONSENT
3 Ordinance to TRANSFER $835,110 to DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
Court Service Umt re Juvenile Secure/ 05/25/99
Non-Secure/Outreach Detenbon Services BY CONSENT
4 Ordinance to authonze temporary ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
encroachment into porbon of City's r-o-w BY CONSENT
on Cleveland Street/Lavender Lane (4949
Virginia Beach Blvd) by Phdhps
Automobve Inc re Fibre Opbc Condu~t
(KEMPSVILLE - DISTRICT 2)
J/1 Resolubon to authorize City/State ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Agreement w~th VDOT/City of BY CONSENT
Chesapeake re Southeastem Parkway/
Greenbelt/other transportabon projects
(Sponsored by Coun=l Members
Margaret L Eure and Harold Hmschober)
2 Resolubon re Referendurn/Light Rail DEFERRED 6-5 Y Y Y Y N Y N N N Y N
Transit (Sponsored by Councd Member INDEFINITELY
A M 'Don' Weeks)
3 Resolubon to authorize tax deferral for ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
employees permitted to purchase past BY CONSENT
service credit to VRS
K/1 ALI HAMBAZ CUP auto service stabon DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
with convenience store/carwash at
3601368 South Independence Blvd
(KEMPSVILLE - DISTRICT 2)
2 BG CONSTRUCTION CORP COZ from DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
AG-l/2 to Condlbonal R-10 w~th Historic/ 05/25/99
Cultural District Overlay at Holland/
Pnncess Anne Roads (PRINCESS ANNE
- DISTRICT 7
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0
H I M B
A S C E S
DATE. 11 May1999 B R C H C R P E
PAGE. 3 R R H E J L N A S W
A E I O N O A D R S E
N U S B L N N O K O E
AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION H E N R Y S N F R S S
VOTE
3 ROBERT G/DONNA S BREWER at North DEFERRED TO 8-0 A Y A Y Y Y Y Y Y A Y
Landing/George Mason Drive (PRINCESS 05/25/99 B B
ANNE - DISTRICT 7) S S
T T
a COZ from AG-2 to Conditional B-lA A A
I I
b CUP. self-storage fac~hty N N
E E
D D
, , , ,
4 BAYMARK CONSTRUCTION CORP
(PRINCESS ANNE - DISTRICT 7)
a COZ Indian River Road/West Neck APPROVED 7-3 Y Y Y Y N Y A N N Y Y
Road (16 Parcels) AS B
PROFFERED S
T
A
I
N
E
D
b CUP golf course South of North APPROVED/ 7-3 Y Y Y Y N Y A N N Y Y
Landing Road CONDITIONED B
S
T
A
I
N
E
D
L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S
CHESAPEAKE BAY ASAP POLICY
BOARD
COMMUNITY SERVICES BOARD
SOCIAL SERVICES BOARD
TIDEWATER COMMUNITY COLLEGE
BOARD
WETLANDS BOARD
, , , ,
M/N/1 ABSTRACT OF CIVIL CASES CLERK WILL
RESOLVED - APRIL 1999 RECORD AS
PART OF
PROCEEDINGS
,
O ADJOURNMENT 6'10 PM