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JUNE 8, 1999 MINUTES
CITY COUNCIL City of Virginia l-leach "WORLD'S LARGEST RESORT CITY" MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOMS JR At Large LINWOOD 0 BRANCH HI Dtstrwt 6 Beach MARGARET L EURE Dtstrtct I Centervtlle WILLIAM W HARRISON JR Dtstrtct 5 l ynnhaven HAROLD HEISCHOBER At-Large BARBARA M HENLEY Dt~trtct 7 Prtncess Anne LOUIS R JONES Dtstrtct 4 Baystde REBA S MtCLANAN Dtstrtct 3 Rose Ihdl NANCY K PARKER At Large A M (DON) WEEKS Dtstrttt 2 Kempsvdle JAMES K SPORE Ctty Manager lESLIE L LILLEY Ctty Attorney RUTH HODGES SMITH CMC/AAE Ctty Clerk CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 9005 PItONE (757)427 4~0~ FAX (757) 426 5669 [:MAIL CT¥CNCL~CITY VIRGINIA BFACH VA U 08 June 1999 TPC GOLF COURSE DEDICATION - 10:30 AM 1. REVIEW OF AGENDA ITEMS - Conference Room - 1:15 PM II. CITY COUNCIL COMMENTS III. INFORMAL SESSION - Conference Room - 1:45 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: The Reverend David Howard Pastor, Brook Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS 01 June 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda wtll be determtned durtng the Agenda Review Session and considered tn the or&nary course of business by Ctty Council to be enacted by one motion. H. COUNCIL PRESENTATION Miss Tidewater Katie Sheehan Miss Virginia Beach Julia Lowe Myrick I. STAFF PRESENTATION OPEN SPACE Sara Hensley, Acting Director, Parks and Recreation J. PUBLIC HEARING 1. ELECTION PRECINCT AND POLLING PLACE - Bayside K. ORDINANCESfRESOLUTION Ordinance to AMEND Chapter 10, Section 10-1 of the City Code re Election Precincts and Polling Places, changing the Bayside Precinct Polling Place to Diamond Springs Baptist Church, 5644 Bayside Road. The precinct boundaries remain unchanged (BAYSIDE - DISTRICT 4). , Ordinance to APPROPRIATE $898,099 from the General Ftmd balance to the FY 1998- 1999 Operating Budget of the Department of Information Technology re remedying Year 2000 (Y2K) computer compliance problems. , Ordinance to APPROPRIATE $95,352 to Neighborhood Park Development (CIP #4- 950) (on-going); and, TRANSFER $500,000 from Red Wing Golf Course renovation and expansion (CIP #4-972) to Golf Course Infrastructure and Equipment (CIP #4-959) (on- going), providing neighborhood park development and necessary capital improvements to Bow Creek and Kempsville Greens Golf Courses. , Ordinance to ACCEPT and APPROPRIATE a $30,000 Grant from Virginia Chesapeake Bay Local Assistance; TRANSFER grant matches of $47,500 from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Department of Planning and Community Development re continuing the local Chesapeake Bay Preservation Program; and, increase estimated revenue accordingly. . Ordinance to ACCEPT and APPROPRIATE a $2,000 Grant from the Virginia Department of Forestry; TRANSFER grant matches of $2,000 from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Department of Planning re support for its urban forestry work; and, increase estimated revenue accordingly. , Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way on 16th Street, bordering Mediterranean and Baltic Avenues, to the Northeast property pin ofW. T. Cooke Elementary School re construction and maintenance of two (2) chain link fences to provide a safety barrier between the existing baseball field and the 16th Street traffic flow. e Ordinance to authorize the City Manager to enter into a City-State Agreement with the Virginia Department of Transportation (VDOT) for construction of Kempsville Road, Phase III (CIP 2-139), providing a six-lane divided highway from Centerville Turnpike intersection to the City line (1.12 males) (CENTERVILLE- DISTRICT #1). , Ordinance to authorize the City Manager to execute an Agreement with the City of Chesapeake to provide water and sewer service to residential properties located within the City of Virgima Beach, which are part of Emerald Forest Subdivision on Kempsville Road (CENTERVILLE - DISTRICT #1). , Resolution to authorize Virginia Beach to participate in the H20 HELP TO OTHERS Program, providing financial assistance to citizens who live in the service area and are in danger of having water service terminated. 10. Bank Franchise Tax Refunds - $67,992.36 11. License Refunds - $14,945.17 L. PUBLIC HEARING- PLANNING PLANNING BY CONSENT - To be determtned durtng the ~4genda Review Session. . Application of SHAHRAM AHMADI for a Conditional Use Permit for car sales and service on the South side of Lask~n Road, East of Maxey Drive (1925 Laskin Road), containing 1.0331 acres (BEACH - DISTRICT 6). Recommendation: APPROVAL , Application of HERMAN, INC. for a Conditional Use Permit for a recreational facili _ty of an outdoor nature (sky_ coaster) on the West side of Atlantic Avenue, South of 3rd Street (108 Atlantic Avenue), containing 1.604 acres (BEACH - DISTRICT 6). Recommendation: APPROVAL . Applications of LONDON BRIDGE BAPTIST CHURCH for a Conditional Use Permit for a church addition on the North side of Potters Road, West of London Bridge Road (2460 Potters Road), containing 24.435 acres (BEACH - DISTRICT 6). Recommendation: APPROVAL . Application of DIGNITY FUNERAL SERVICES, INC./dba ALTMEYER FUNERAL HOMES for a Conditional Use Permit for a crematory addition on the North side of Greenwich Road, East of Newtown Road (5792 Greenwich Road), containing 1.12 acres (KEMPSVILLE - DISTRICT 2). Recommendation: APPROVAL . Application of VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit for a communication tower on the East side of Mill Dam Road, South of Indian Run Drive (1272 Mill Dam Road), containing 27.59 acres (LYNNHAVEN - DISTRICT 5). Recommendation: APPROVAL . Applications of ROBERT STEINHILBER re the East side of Blackwater Road, North of the intersection with Indian Creek Road (5924 Blackwater Road), containing 82.202 acres (PRINCESS ANNE- DISTRICT 7): a. Variance to Section 4.1(m)(1) of the Subdivision Ordinance which requires a minimum 30-foot pavement width for the proposed cul-de-sac. b. Conditional Use Permit for an alternative residential development Recommendation: APPROVAL . Application of HOME DEPOT, U.S.A. for a Change of Zoning District Classification from R-5D Residential Duplex District to B-2 Community Business District at the Southeast comer of Princess Anne Road and Lynnhaven Parkway, containing approximately 19 acres (CENTERVILLE - DISTRICT 1). Deferred indefinitely: 08 December 1998 Recommendation: DEFER to 22 June 1999 . Ordinance to AMEND and REORDAIN Section 104 of the City Zoning Ordinance (CZO) re violations and penalties. Recommendation: APPROVAL M. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD M. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - MAY 1999 P. ADJOURNMENT CITY COUNCIL WILL MEET ONLY THE FIRST TWO TUESDAYS IN JULY: July 6- 2:00 PM July 13 - 2:00 PM If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) 06/03/99cmd AGENDA\06/08/99 www.virginia-beach.va, us MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rg~ma June 8, 1999 After the TPC GOLF CO URSE DEDICA TION, Mayor Meyera E Oberndorf called to order the AGENDA REVIEW Sesston tn the Counctl Conference Room, Ctty Hall Buddmg, on Tuesday, June 8, 1999, at 1 30 P.M Councd Members Present: Ltnwood 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 Wtlham D Sessoms, Jr. and A M "Don" }Veeks Counctl Members Absent None -2- AGENDA RE VIE W SESSION 1:30 P.M. ITEM # 450 75 I 1 STAFFPRESENTATION OPEN SPA CE Sara Hensley, Acttng Dtrector- Parks and Recreatton BY CONSENSUS, this ttem shall be MOVED AFTER THE PLANNING AGENDA ITEM # 45076 K 9. Resolution to authorize Virgmia Beach topartictpate tn the H20 HELP TO OTHERS Program, providtngfinanctal asststance to ctttzens who hve in the servtce area and are tn danger of havtng water servtce termmated Councd Lady McClanan was advised indtvtduals recetvtng financial assistance relative water servtce termination, do not have to be reciptents of Social Servtces ITEM # 45077 BY CONSENSUS, the following items shall compose the CONSENT AGENDA ORDINANCES/RES OL UTION K1. Ordinance to AMEND Chapter 1 O, Sectton 10-1 of the Ct ty Code re Election Precincts and Polling Places, changtng the Bayside Prectnct Polhng Place to Diamond Springs Baptist Church, 5644 Baystde Road. Theprectnct boundaries remain unchanged (BA YSIDE - DISTRICT 4). Ordinance to APPROPRIATE $898,099from the General Fund balance to the FY 1998-1999 Operating Budget of the Department oflnformation Technology re remedying Year 2000 (Y2K) computer comphance problems Ordinance to APPROPRIATE $95,352 to Netghborhood Park Development (CIP #4-950)(on-gotng); and, TRANSFER $500, O00 from Red Wtng Golf Course renovation and expanston (CIP ibi-972) to Golf Course Infrastructure and Equtpment (CIP ibl-959) (on-going), providing neighborhood park development and necessary capttal improvements to Bow Creek and Kempsville Greens Golf Courses Ordtnance to ACCEPT and APPROPRIATE a $30,000 Grant from Virgtnta Chesapeake Bay Local Assistance, TRANSFER grant matches of $4 7, 500 from the General Fund Reserve for Conttngenctes to the FY 1999-2000 Operating Budget of the Department of Planning and Community Development re conttnutng the local Chesapeake Bay Preservation Program; and, increase estimated revenue accordingly K5 Ordinance to ACCEPT and APPROPRIATE a $2,000 Grant from the Vtrginta Department of Forestry, TRANSFER grant matches of $2,000 from the General Fund Reserve for Conttngenctes to the FY 1999-2000 Operattng Budget of the Department of Planning re support for its urban forestry work; and, mcrease esttmated revenue accordmgly -3- AGENDA RE VIE W SESSION ITEM # 45077 (Continued) K6. Ordinance to authorize a temporary encroachment tnto a portton of the City's right-of-way on 16th Street, bordertng Medtterranean and Balttc ,4 venues, to the Northeastpropertyptn of W. T. Cooke Elementary School re construction and maintenance of two (2) chain link fences to provtde a safety barrier between the existing baseball field and the 16th Street traffic flow. K. 7 Ordinance to authorize the City Manager to enter tnto a City- State Agreement wtth the Virgtnia Department of Transportatton (VDOT) for construction of Kempsville Road, Phase III (CIP 2- 139), provtdtng a six-lane chvtded highway from Centerville Turnpike tntersectton to the Ctty hne (1 12 miles) (CENTER VILLE- DISTRICT #1) K8. Or&nance to authorize the City Manager to execute an ,4greement with the City of Chesapeake to provide water and sewer service to restdenttal properttes located wtthtn the Ctty of Vtrgtnta Beach, which are part of Emerald Forest Subdivision on Kempsvtlle Road (CENTER VILLE- DISTRICT #1) K9. Resolution to authorize Virginia Beach to parttctpate in the H20 HELP TO OTHERS Program, provtdtng financtal asststance to citizens who live tn the service area and are tn danger of having water servtce terminated KIO Bank Franchise Tax Refunds - $67,992.36 K11 License Refunds - 514,945.17 June 8, 1999 -4- AGENDA RE VIEW SESSION ITEM # 45078 L 1. Application of SHAHRAM AHMADIfor a Conditional Use Permit for car sales and service on the South side of Lasktn Road, East of Maxey Drive (1925 Laskin Road), containing 1 0331 acres (BEACH- DISTRICT 6) Councilman Heischober will ABSTAIN. ITEM # 450 79 L. 6 Applications of ROBERT STEINHILBER re the East side of Blackwater Road, North of the intersection with In&an Creek Road (5924 Blackwater Road), containing 82202 acres (PRINCESS ANNE - DISTRICT 7) Variance to Section 4 l (m)(1) of the Subchvtsion Ordinance which requires a minimum 30-foot pavement width for the proposed cul-de-sac Conditional Use Permit for an alternative residential development This item will be &scussed during the FORMAL SESSION. ITEM # 45080 B Y CONSENSUS, the following items shall compose the PLANNING B Y CONSENTAGENDA: L. 1 Application of SHAHRAM AHMADI for a Conchttonal Use Permit for car sales and service on the South side of Lasktn Road, East of Maxey Drive (1925 Laskin Road), containing 1.0331 acres (BEA CH - DISTRICT 6) K. 2 Apphcation of HERMAN, INC. fora Conditional Use Permit for a recreational facih~ of an outdoor nature (s~_ coaster.) on the West side of Atlantic Avenue, South of 3rd Street (108 Atlantic Avenue), containing 1 604 acres (BEACH- DISTRICT 6) Applications of LONDON BRIDGE BAPTIST CHURCH for a Conditional Use Permit for a church addmon on the North side of Potters Road, West of London Bridge Road (2460 Potters Road), containing 24. 435 acres (BEACH - DISTRICT 6) K. 4. Application of DIGNITY FUNERAL SERVICES, INC.~dba AL TMEYER FUNERAL HOMES for a Conditional Use Permit for a cremato~ addition on the North side of Greenwich Road, East of Newtown Road (5792 Greenwich Road), containing 1 12 acres (KEMPSVILLE- DISTRICT 2) K 5. Application of VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit for a communication tower on the East side of Mill Dam Road, South of lndtan Run Drive (1272 Mill Dam Road), containing 2 7 59 acres (LYNNHA VEN- DISTRICT 5) June 8, 1999 -5- AGENDA RE VIE W SESSION ITEM # 45080 (Continued) K 7. Apphcation of HOME DEPOT, U.S.A. for a Change of Zoning Dtstrict Classtfication from R-5D Restdential Duplex Dtstrtct to B-2 Commumty Bustness Distrtct at the Southeast corner of Princess Anne Road and Lynnhaven Parkway, contatmng approxtmately 19 acres (CENTER VILLE- DISTRICT 1) K 8. Ordtnance to AMEND andREORDAINSection 104 of the City Zomng Ordinance (CZO) re violations and penalties. Counctlman Hetschober will ABSTAIN on Item K. 1 Item K 7 wdl be DEFERRED, BY CONSENT, until the City Council Session of June 22, 1999. June 8, 1999 CITY COUNCIL COMMENTS 1:39 P.M. ITEM # 45081 Mayor Oberndorf advised yesterday, June 7, 1999, Wally Erb came by her office Assistant City Attorney Macah distributed a copy of the voter petition on the issue of light rail provided by Wally Erb, which Is hereby made a part of the record Pursuant to State law and the City Charter, tf the petltton is stgned by a number of quahfied voters equal to twenty -fivepercent (25%) of the number of voters who voted at the last general election, and all other procedural requirements are met, the Circuit Court will enter an order calltngfor a spectal (t e., "referendum ") electron to be held November 2, 1999. As the Ctty Councd agreed to schedule a Referendum in November, Mayor Oberndorf requested the City Attorney devise Light Rail Referendum questtons for consideration before Ctty Council's recess in July The newspapers have stated the City Council has done nothing in this regard. ITEM # 45082 As there is no need for an Executive Session, Vice Mayor Sessoms requested Assistant City Attorney Macali provtde tnformatlon relative the Board of Zoning Appeals. As the result of State legislation, City Council will appotnt the members of the Board of Zomng Appeals, effective 1 July 1999 Mr. Macali advtsed at the present time the Board of Zomng Appeals has five (5) members, of which four (4) are active. One member's term has expired and apparently the Circuit Court chd not appoint anyone after they reahzed the City Council would be appointing members July first Mayor Oberndorf advlsed the Circuit Court called her and advised same. The City Council has the option of tncreaslng the Board to seven (7) members. With the exception of original appointments, all terms will be for five years "Original" refers to when the Board was established At the present time, the Board also conststs of three (3) alternates, two alternates terms expire at the end of August. One alternate's term does not explre for a year after that City Counctl must appoint alternates, but It can appoint either one, two or three. Basically, City Council must make one new appointment and if they decide to increase the Board to 7-members, they may appoint two additional members. There is also the option of appointing one more or two alternates or reappotntlng the two alternates, whose terms expire at the end of August Although the City Council does have the power to appoint Members of the Board of Zoning Appeals, the Code was not changed as to who has the power to remove these members. At thepresent trine, the Codeprovldes members may be removed for malfeasance, misfeasance or nonfeasance, or any other just cause by the Court, which appointed them There is another provtsion of State law which bastcally gives thts power to the Court upon petttton of the majortty of members of the appointed body The Code Section should probably have been changed to make it clear City Council would have the power to remove members Unless and until the Code is amended, possibly in the year 2000 as part of the Legtslattve Package, the majortty would have to petitton the Circutt Court and have the Court remove the indtvldual on a Heartng The City Attorney advised the ultimate removal power would rest with the Courts, however, tf Ctty Council made their rules of Boards and Commissions known, and the City Council expects this Board to follow those rules, they could petition the Court. For example, tf there is a number of absences that the City Council finds unsatisfactory, as the State Code does state for "other just causes '; the Council could petitton the Court for removal. Regarding granting a variance in favor of an applicant on any matter, three (3) members must concur, irrespective of the number of members tn attendance at the meeting. Mr Macah advised, at the last Board of Zoning Appeals Meeting, there were only three members tn attendance Council Lady McClanan would prefer an increase in membershtp to seven and suggested a woman member be added to the Board. As to her knowledge, a woman has not served prevlously Mayor Oberndorf said the City Council has tried to have more sensittvity to the question of diversity. Councilman Harrison suggested working toward a geographical representation from each District. Having local knowledge of the area being considered would be helpful Assistant Ctty Attorney Macali advised Members may not hold any other office in the locahty, except one member may be a Member of the Planntng Commission. Vice Mayor Sessoms requested the City Clerkprovlde the name of the District in which each Member of the Board of Zonlng Appeals currently resides This information will be provided for the Ctty Council Session of June 22, 1999 June 8, 1999 -7- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL June 8, 1999 2:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counctl Chamber, Ctty Hall Buildtng, on Tuesday, 'June 8, 1999, at 2 O0 P M Councd Members Present' Linwood 0 Branch, III, Margaret L. Eure, Wtlliam W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndor. f, Nancy K. Parker, Vtce Mayor Wtlliam D. Sessoms, Jr. and A M. "Don" Weeks Counctl Members Absent' None INVOCATION Reverend David Howard Pastor, Brook Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovta Bank, &sclosed there were no matters on the agenda tn whtch he has a "personal tnterest", as defined in the Act, etther tndividually or tn hts capactty as an officer of Wachovta Bank The Vice Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before City Counctl Vtce Mayor Sessoms' letter of January 4, 1999, ts hereby made a part of the record June 8, 1999 Item IV-E. -8- CER TIFICA TION OF EXECUTIVE SESSION ITEM # 45083 No EXECUTIVE SESSION was conducted. June 8, 1999 Item IV-F. 1. -9- MINUTES ITEM # 45084 Upon motton by Vice Mayor Sessoms, seconded by Councdman Hetschober, Ctty Councd APPROVED the Mtnutes of the INFORMAl, AND FORMAl, SESSIONS of June 1, 1999. Voting 11-0 Council Members Vottng Aye Ltnwood O. 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 Wtlham D. Sessoms, Jr and A M "Don" Weeks Councd Members Voting Nay None Counctl Members Absent None June 8, 1999 Item IV-G. 1. -10- ADOPT AGENDA FOR FORMAL SESSION ITEM # 45085 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 8, 1999 Item IV-H. 1. -11- CO UNCIL PRESENTATION ITEM # 45086 Mayor Oberndorf mtroduced MISS TIDEWATER ICl TIE SHEEHAN MISS VIRGINIA BEA CH JULIA LOWE MYRICK Katte Sheehan is currently a sophomore at Old Domtnion Umverstty, tn Norfolk, seektng a Bachelor of Arts degree tn Theater Arts with an emphasis on Dance She has chosen Breast Cancer Awareness as her platform Julia Myrick wtll graduate from Frank W. Cox High School in 1999. She wtll enter Campbell Umverstty tn the Fall Her career ambttton is to become an elementary education teacher and pursue a Masters Degree in educational admtnistratton She is presently serving on a weekly basts as a volunteer for The Citizens Committee for the Elderly. Mayor Oberndorf introduced Polly Pearce, who, for years, has graded all the beauttful young la&es through their Miss Vtrgtnia experience. Mrs Pearce advised Mtss America was from Vtrgtnta last year and wtll be tn town July 6, 1999, to speak at the Diabetes Assoctatton Mayor Oberndorf PRESENTED each with a pewter cup as a token of apprectatton. June 8, 1999 Item IV-H 2 - 12- PROCLAMATION ITEM # 4508 7 ADD-ON Mayor Oberndorf tntroduced Captain Stephen Eric Benson, Commander, Naval Air Station, Oceana, and hts wife, Barbara Mayor Oberndorf PROCLAIMED: June 8, 1999 Captain Stephen Eric Benson - "Sod Buster" - Day "Sod Buster", also known as Captain Stephen Eric Benson, will soon complete his tour of duty tn that post. Captatn Benson has made Oceana, the largest corporate citizen tn Virgtnta Beach, an tntegral part of what makes Virgtnta Beach great, tncludmg extensive work wtth Crtme Stoppers, expanston of the Neptune Festival Atr Show and the new Race-at-the-Beach -- both of which set new standards tn partnershtp with the community, and the successful effort to have Oceana become home to the majority of the East Coast F/A-18s and all of the Navy's F-14s Captatn Benson made 1,019 carrter landings and 4 combat mtsstons durtng Operation Desert Storm. His prevtous assignments tnclude the Navy Fighter Weapons School He has been awarded the Defense Supertor Servtce Medal, two Merttortous Servtce Medals, two Atr Medals with Combat Dtstingutshtng Device, three Strtke/Fhght air medals, three Navy Commendation Medals wtth Combat Dtsttngutshtng Device, three Navy Achievement Medals and three Servtce Deployment Ribbons wtth &lver and Bronze Stars Captain Benson expressed apprectatton to the Mayor for her unwavering support of the Naval Air Statton Oceana and its sailors Captatn Benson PRESENTED the Mayor and City Manager framed prtnts Knife Flight Sharpening the Edge of the Sword 4ffk Anniversary Neptune Festival Air Show September 18 - 20, 1998. June 8, 1999 Whereas: "Sod $uster,, also known as Captain Stephen Bric $enson, Commander, 9Vaval Azr Station, Oceana, willsoon complete h~s tour of duty in that post; and Whereas: Captain $enson has provuled exemplary servwe to the Havy and to the Oty of Vzrgznza $each in his capacity as Chief Administrative officer, Mayor, andCommander of Oceana HavalAir Station; and Whereas: Captain $enson has made Oceana, the largest corporate c~t~zen tn Virginza $each, an integralpart of what mabfs Virginia $each great, zncluding extensive workwzth Crime Stoppers, ez~panston of the 9Veptune GestivalAzr Show and the new Race-at-the-$each, both of which set new standards in partnership ~nth the communzty, and the successful effort to have Oceana become home to the majority of the Bast Coast G/A-18s andallof the 9Vary's G- 14s; and Whereas: Captain $enson has continued the effort to close sub-standard, on-base houszng and wor~dto have it replacedw~th a "community of excellence'~ he has asszstedthe Oty dady on a myriad of topzcs, such as issues of compatibi~ty ~nth the mission of Oceana and mutual aul for Police and Gire protection; and he peUcormed h~s dutzes zn the finest tradition of semnce to our Country; and Whereas: Captain $enson will soon be relieved of his command and move on to a new duty assignment, the Oty of Virginia $each urishes to acknowledge his service to our Country and our Oty. 9Vow, Therefore, I, Meyera B. Oberndorf, Mayor of the Oty of Vzrg~nut $each, Vtrginm, do hereby q~roclaim: June 8, 1999 Captain Stephen Bric $enson - Sod$uster- ~ay In Virginia $each, and wish hgm continued success in service to the 9Vary and to the 9Vatzon. qvurthermore, I urge allcitizens to demonstrate their appreciation for the contributions made by Captazn $enson andallmembers of the ArmedSevvices in our Oty. In Witness Whereof, I have hereunto set my hand andcausedthe OfficialSealof the Oty of V~rgznut $each, Virg~nut, to be affixed th~s Bighth ~)ay of June, 9Vineteen 9-1undredand~nety- gVine. Mayor Item IV-J. 1. - 13- PUBLIC HEARING ITEM # 45088 Mayor Oberndorf DECLARED A PUBLIC HEARING: ELECTION PRECINCT AND POLLING PLA CE - BA YSIDE There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING June 8, 1999 Item IV-K. - 14- ORDINANCES/RES OL UTION ITEM # 45089 Upon motton by Vice Mayor Sessoms, seconded by Councilman Jones, City Counctl APPROVED IN ONE MOTION, Ordinances 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11. Voting: 11-0 Council Members Vottng Aye Ltnwood O. 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, Vice Mayor Wtlham D. Sessoms, Jr and A M "Don" Weeks Council Members Vottng Nay' None Council Members Absent' None June 8, 1999 Item IV-K. 1. - 15- ORDINANCES/RESOL UTIONS ITEM # 45090 Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, City Councd ADOPTED: Ordinance to AMEND Chapter 10, Sectton 10-1 of the Ctty Code re Election Precincts and Polling Places, changtng the Bayside Precinct Polling Place to Diamond Springs Baptist Church, 5644 Baystde Road The prectnct boundartes rematn unchanged (BA YSIDE - DISTRICT 4) Voting. 11-0 (By ConsenO Council Members Vottng 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, Vice Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Councd Members Votmg Nay. None Councd Members Absent' None June 8, 1999 AN ORDINANCE TO AMEND THE CITY CODE BY CHANGING THE POLLING PLACE FOR THE BAYSIDE PRECINCT FROM BAYSIDE ELEMENTARY SCHOOL TO DIAMOND SPRINGS BAPTIST CHURCH SECTION AMENDED: § 10.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10.1 of the City Code is hereby amended and 9 reordained to read as follows: 10 Sec. 10-1. Establishment of precincts and polling places. 11 There are hereby established in the city the following 12 precincts and their respective polling places, as set forth below: 13 Precinct Polling Place 14 Alanton Alanton Elementary School 15 Aragona Bayside Middle School Grade 6 16 Arrowhead Arrowhead Elementary School 17 Baker Heritage United Methodist Church 18 Bayside 19 Diamond Sprinqs Baptist Church 20 Bellamy Indian Lakes Elementary School 21 Blackwater Blackwater Fire Station 22 Bonney Center for Effective Learning 23 Brandon Brandon Middle School 24 Cape Henry 25 Research and Enlightenment Building (Edgar Cayce Library) 26 Capps Shop P.A. Mosquito Control Building 27 Centerville Centerville Elementary School 28 Chesapeake Beach Bayside Baptist Church 29 College Park College Park Elementary School 30 Colonmal Colonial Baptist Church 31 Courthouse Courthouse Fire Station 32 Creeds Creeds F~re Station 33 Culver Ocean Lakes High School 34 Dahlia Green Run High School 35 Davis Corner Berrie F. Williams Elementary School 36 Eastern Shore Eastern Shore Chapel 37 Fairfield Fairfield Elementary School 38 Forest Kings Grant Elementary School 39 Glenwood Glenwood Elementary School 4O Great Neck Francis Asbury United Methodist Church 41 Green Run Green Run Elementary School 42 Hilltop Good Shepherd Lutheran Church 43 Holland Holland Elementary School 44 Homestead Providence Presbyterian Church 45 Hunt Prince Anne Recreation Center 46 Kings Grant St. Nicholas Catholic Church 47 Kingston Kingston Elementary School 48 Lake Smith Bayside Church of Christ 49 Landstown Landstown Community Church 5O Larkspur St. Andrews United Methodist Church 51 Linkhorn Virginia Beach Community Chapel 52 Little Neck St. Aidan's Episcopal Church 53 London Bridge London Bridge Baptist Church 54 Lynnhaven Grace Bible Church 55 Magic Hollow Roma Lodge No. 254 56 Malibu Malibu Elementary School 57 Meadows Pembroke Meadows Elementary School 58 Mt. Trashmore Windsor Woods Elementary School 59 North Beach Galilee Episcopal Church 6O Ocean Lakes Ocean Lakes Elementary School 61 Ocean Park Bayside Christian Church 62 Oceana Scott Memorial United Methodist Church 63 Old Donation Old Donation Center for Gifted 64 Pembroke Pembroke Elementary School 65 Plaza Lynnhaven Elementary School 66 Point O'View Kempsville Church of Christ 67 Providence Kempsville Recreation Center 68 Red Wing Fire Training Center 69 Rosemont Forest Rosemont Forest Elementary School 70 Roundhill Salem Middle School 71 72 Rudee Virginia Beach Volunteer Rescue Squad Building 73 Salem Salem United Methodmst Church 74 Seatack Seatack Elementary School 75 Shannon Church of the Ascension 76 Shell Unity Church of Tidewater 77 Sherry Park St. Matthews Catholic Church 78 Sigma St. John the Apostle Catholic Church 79 South Beach Contemporary Art Center of Virginia 80 Stratford Chase Providence Elementary School 81 Strawbridge Strawbridge Elementary School 82 Thalia Thalia Elementary School 83 Thoroughgood Independence Middle School 84 Timberlake White Oaks Elementary School 85 Trantwood Virginia Beach Christian Church 86 Windsor Oaks Windsor Oaks Elementary School 87 Witchduck Bayslde Presbyterman Church 88 Wolfsnare Church of the Redeemer 89 Woodstock Avalon Church of Christ 90 91 Central Absentee Voter Precinct Agriculture/Voter Registrar Building 92 93 94 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th day of June, 1999. 95 96 97 98 CA-7373 DATA/ORDIN/PROPOSED/10 - 1. ORD R2 May 12, 1999 Item IV-K.2. -16- ORDINANCES/RES OL UTION ITEM # 45091 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, Ctty Counctl ADOPTED: Ordinance to APPROPRIA TE $898,099from the General Fund balance to the FY1998-1999 Operatmg Budget of the Department o fin formation Technology re remedymg Year 2000 (Y2K) computer comphance problems Voting: 11-0 (By Consent) Councd Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, 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 Counctl Members Voting Nay None Council Members Absent None June & 1999 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $898,099 FROM FUND BALANCE IN THE GENERAL FUND TO THE FY 1998-99 OPERATING BUDGET OF THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR THE PURPOSE OF REMEDYING YEAR 2000 COMPUTER PROBLEMS WHEREAS, the Department of Information Technology (DIT) 10 has taken a proactive approach in identifying Y2K problems and has 11 already remedied all mainframe systems; 12 WHEREAS, DIT and City departments have performed an 13 inventory and assessment of all workstations, software, local and 14 wide area networks, and embedded systems; 15 WHEREAS, after evaluation, the cost of necessary upgrades 16 and replacement of the aforementioned types of systems totals 17 $898,099; and 18 WHEREAS, a source of funding for remedymng Y2K problems 19 has already been established by a reservation against the General 20 Fund fund balance. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 22 CITY OF VIRGINIA BEACH, VIRGINIA: 23 That funds in the amount of $898,099 are hereby 24 appropriated from fund balance in the General Fund to the FY 1998- 25 99 Operating Budget of the Department of Information Technology for 26 the purpose of remedying Y2K computer problems. 27 28 29 30 31 32 33 34 35 36 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8 day of June , 1999. Requires an affirmative vote by a majority of the members of City Council. CA-7396 DATA/ORDIN/NONCODE/y2k.ord R1 - PREPARED: June 2, 1999 APPROVED AS TO CONTENT 41 Walter C. Kraeme~// 42 Department of Management Services 43 APPROVED AS TO LEGAL SUFFICIENCY: Department of Law Item IV-K. 3. ORDINANCES/RES OL UTION -17- ITEM # 45092 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Ordinance to APPROPRIATE $95,352 to Neighborhood Park Development (CIP #4-950) (on-going); and, TRANSFER $500,000 from Red Wing Golf Course renovatton and expanston (CIP tbl-972) to Golf Course Infrastructure and Equtpment (CIP g4-959) (on-gotng), providtng neighborhood park development and necessary capttal tmprovements to Bow Creek and Kempsville Greens Golf Courses Voting: 11-0 (By Consent) Council 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, Nancy K. Parker, Vice Mayor Wtlliam D Sessoms, Jr. and A M. "Don" Weeks Counctl Members Vottng Nay: None Councd Members Absent. None June 8, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO APPROPRIATE $95,352 TO CAPITAL PROJECT #4-950, NEIGHBORHOOD PARK DEVELOPMENT (ON- GOING), FOR THE PURPOSE OF PROVIDING NEIGHBORHOOD PARK DEVELOPMENTAND TO TRANSFER $500,000 FROM CAPITAL PROJECT #4-972, RED WING GOLF COURSE RENOVATION AND EXPANSION, TO CAPITAL PROJECT #4-959, GOLF COURSE INFRASTRUCTURE AND EQUIPMENT (ON- GOING), FOR THE PURPOSE OF PROVIDING NECESSARY CAPITAL IMPROVEMENTS TO BOW CREEK AND KEMPSVILLE GREENS GOLF COURSES 15 WHEREAS, the Parks and Recreation Capital Improvement 16 Program includes Capital Project #4-950, Neighborhood Park 17 Development (On-Going), to provide neighborhood park development 18 and also includes Capital Project #4-959, Golf Course 19 Infrastructure and Equipment (On-Going), to provide necessary 20 capital improvements to city-owned golf courses; 21 WHEREAS, $95,352 is available for appropriation to 22 Capital Project #4-950, Neighborhood Park Development (On-Going), 23 as a result of the sale of excess property that had been originally 24 dedicated to the City for neighborhood park development but which 25 had an undesirable size, location, and configuration; and 26 WHEREAS, $500,000 is available in Capital Project #4-972, 27 Red Wing Golf Course Renovation and Expansion, to transfer to 28 Capital Project #4-959, Golf Course Infrastructure and Equipment 29 (On-Going), to begin necessary improvements needed at Bow Creek 30 Golf Course and Kempsville Greens Golf Course, as recommended by 31 the National Golf Course Foundation. 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 1. That $95,352 is hereby appropriated to Capital 35 Project #4-950, Neighborhood Park Development (On-Going), from the 36 proceeds of the sale of excess City property, for the purpose of 37 providing neighborhood park development. 38 2. That $500,000 is hereby transferred from Capmtal 39 Project #4-972, Red Wing Golf Course Renovation and Expansion, to 40 Capital Project #4-959, Golf Course Infrastructure and Equipment 41 (On-Going), to provide some of the necessary capital improvements 42 to Bow Creek Golf Course and Kempsville Greens Golf Course 43 recommended by the National Golf Foundation Report. 44 3. That estimated revenue from the sale of excess City 45 property is hereby increased in the amount of $ 95,352. 46 47 Adopted by the Council of the Cmty of Virgmnma Beach, 8 June Virginia, on the day of , 1999. 48 49 Requires an affirmative vote by a majority of the members of City Council. 5O 51 52 53 CA-7400 NONCODE~PARKORD.ord R-1 PREPARED: June 2, 1999 54 55 56 57 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: La'Department Item IV-K.4. ORDINANCES/RES OL UTION - 18- ITEM # 45093 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, Ctty Councd ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $30,000 Grant from Vtrgmia Chesapeake Bay Local Asststance, TRANSFER grant matches of $47,5OO from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Department of Planning and Community Development re conttnutng the local Chesapeake Bay Preservation Program, and, tncrease esttmated revenue accordtngly Vottng 11-0 (By ConsenO Council 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 Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr. and A. M "Don" Weeks Counctl Members Voting Nay: None Counctl Members Absent None June 8, 1999 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $30,000 FROM THE STATE DEPARTMENT OF CHESAPEAKE BAY LOCAL ASSISTANCE AND TRANSFER $47,500 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES - GRANT MATCHES TO THE FY 1999-00 OPERATING BUDGET OF THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT FOR THE PURPOSE OF CONTINUING THE LOCAL CHESAPEAKE BAY PRESERVATION PROGRAM 13 14 WHEREAS, the Commonwealth of Virginia's Chesapeake Bay 15 Local Assistance Department has provided a grant in the amount of 16 $30,000 for the purpose of working towards achieving full 17 compliance with Phase II of the Chesapeake Bay Preservation Act 18 Regulations regarding comprehensive plans, continuing local program 19 implementation, and refining of GIS information for local mapping 20 assistance; 21 WHEREAS, this grant requires a cash match of $47,500, 22 which is available in the FY 1999-00 General Fund Reserve for 23 Contingencies - Grant Matches; and 24 WHEREAS, the work to be provided through these resources 25 is considered vital to the continuing work of Chesapeake Bay 26 preservation in Virginia Beach. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 29 1. That a grant in the amount of $30,000 is hereby 30 accepted from the State Department of Chesapeake Bay Local 31 Assistance and appropriated to the FY 1999-00 Operating Budget of 32 the Department of Planning and Community Development for the 33 purpose of continuing the local Chesapeake Bay Preservation 34 Program. 35 2. That $47,500 is hereby transferred from the General 36 Fund Reserve for Contingencies - Grant Matches to the FY 1999-00 37 Operating Budget of the Department of Planning and Community 38 Development to provide the necessary match required by this grant. 39 3. That estimated revenue from the state government is 40 hereby increased in the amount of $30,000. 41 This ordinance shall be effective July 1, 1999. 42 43 Requires an affirmative vote by a majority of the members of City Counci 1. 44 45 Adopted b~ the Council of the City of Virginia Beach, Virginia, on the day of June , 1999. 46 47 48 49 50 CA-7382 ORDINkNONCODEkCHESAPEAKE BAY.ORD MAY 25, 1999 R21 51 52 53 54 55 APPROVED AS TO CONTENT: Management S e rv~.e~s APPROVED AS TO LEGAL SUFFICIENCY' ~ity Attorney's O~ice James S Gilmore, III Governor John Paul Woodley, Jr Secretary of Natural Resources COMMONWEALTH o{ VIR( INIA CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT 805 East Broad Street Suite 701 Richmond, Virginia 23219 FAX (804) 225-3447 May 07, 1999 Mmhael D Clower Executive D~rector (804) 225-3440 !-800-243-7229 Vmce/TDD James K. Spore City Manager Mumclpal Center, Bldg #1 Vlrgima Beach, VA 23456 The Chesapeake Bay Local Assistance Board has completed consideration of all requests for funding under the FY00 Chesapeake Bay Preservataon Act Competitive Grants program. Following an extensive evaluaUon process, the Board announced the FY00 funding awards at its meeting on April 12, 1999 I am pleased to inform you that the following proposal has been selected for funding Phase II Pro~ram Consistenc¥~ Local Program Implementation~ and GIS Refinement $30~000.00 The Board has made this award for the requested amount less $14,323, which represents all project costs other than contractual. The Board has chosen not to fund any local staff costs presented m the proposal budget. It is the intent of the Board to fund only the contractual costs' $5,000 to Old Donunion Umversity to complete refinements to the City CBPA mapping resources, and $25,000 to the Hampton Roads Planning District Commission for groundwater data collecuon and analys~s, policy development and formulation of implementation strategies to ensure protecUon of groundwater resources An Agency of the Natural Resources Secretariat James K. Spore May 06, 1999 Page 2 Your CBLAD liaison will contact you within the next two weeks to &scuss the terms of the contract and create a specrfic scope of work. If you have any questions regarchng flus year's grant program and the award announcement, plea,se direct them to either Marg~e Reynolds, Grants Adnumstrator, or to your liaison. Both individuals may be reached at 1-800-243-7229 The Department looks forward to working closely with you in the months ahead Again, congratulations on your award MCC/mhr Sincerely, lVhchael D. Clower Executive Director Clayton Bernick, m, Administrator Scott W Kudlas, Chief of Environmental Planmng Margaret Reynolds, Grants Administrator David Kovacs, Liaison Item IV-K. 5. ORDINANCES/RES OL UTION - 19- ITEM # 45094 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Jones, Ctty Councd ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $2,000 Grant from the Virginta Department of Forestry, TRANSFER grant matches of $2, 000 from the General Fund Reserve for Conttngenctes to the FY 1999-2000 Operating Budget of the Department of Planning re support for tts urban forestry work, and, tncrease estimated revenue accordingly Vottng' 11-0 (By ConsenO Council Members Vottng Aye: Linwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr. and A M "Don" Weeks Council Members Vottng Nay. None Councd Members Absent. None June 8, 1999 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $2,000 FROM THE STATE DEPARTMENT OF FORESTRY AND TO TRANSFER $2,000 FROM GENERAL FUND RESERVE FOR CONTINGENCIES - GRANT MATCHES TO THE FY 1999-00 OPERATING BUDGET OF THE DEPARTMENT OF PLANNING FOR THE PURPOSE OF SUPPORTING THE DEPARTMENT OF PLANNING'S URBAN FORESTRY WORK 12 WHEREAS, the Commonwealth of Virginia's Department of 13 Forestry has provided a grant in the amount of $2,000 to help 14 continue a temporary Environmental Planning Techniczan I position 15 to support the Department of Planning's urban forestry work; 16 WHEREAS, this grant requires a cash match of $2,000, 17 which is available in the Fiscal Year 1999-00 General Fund Reserve 18 for Contingencies - Grant Matches; and 19 WHEREAS, the work to be provided through these resources 20 will significantly enhance the physical appearance of the City, 21 increase environmental education, and improve environmental 22 quality. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 1. That a grant in the amount of $ 2,000 is hereby 26 accepted from the State Department of Forestry and approprzated to 27 the FY 1999-00 Operating Budget of the Department of Planning for 28 the purpose of continuing a temporary Environmental Planning 29 Technician I position to support the Department of Plannmng's urban 30 forestry work; 31 2. That $2,000 in matching funds for the grant are hereby 32 transferred from the General Fund Reserve for Contingencies - Grant 33 Matches to the FY 1999-00 Operating Budget of the Department of 34 Planning; and 35 3. That estimated revenue from the state government 36 hereby increased in the amount of $2,000. 37 38 39 40 41 42 43 44 This ordinance shall be effective July 1, 1999. Adopted by the Council of the City of Vlrginma Beach, Virginia, on the 8 day of June , 1999. CA-7386 ORDIN~NONCODE~FORESTRY GRANT.ORD MAY 21, 1999 R1 45 46 47 48 APPROVED AS TO CONTENT: ~a~age~-ent ~rrvices APPROVED AS TO LEGAL SUFFICIENCY: ~[~ A%-t~rney'~ ~fflc~e JAMES W GARNER State Forester March 2, 1999 COMMONWEALTH o[ VIR( INIA DEPARTMENT OF FORESTRY Fontmne Research Park 900 Natural Resources Drive Post Office Box 3758 Charlottesville, V~rg~ma 22903-0758 804-977-6555 (V/TDD) FAX 804-296-2369 Mr H Cia)ton Bermck, III Admlmstrator Environmental Management Center Department of Planmng Mumcipal Center Building 2, Room I 15 2405 Courthouse Drive Virglma Beach, VA 23456-9040 Dear Mr Bermck On behalf of thc V~rglma Department of Forestry, the U S Forest Serwce, and the Southern Group of State Forcsters, it IS my pleasure to notify you that a grant of $2,000.00 has been awarded to City of Virginia Beach for ~ts Urban Forestry Part- Time, Staff Position proposal Th~s award represents a partial award of your original request Your project has been assigned the code 98UCF55-A which should be used in future correspondence Your orgamzatlon ~s to be commended for taking advantage of this program to enhance urban forestry efforts ~n your commumty or orgamzat~on Enclosed is a package contmmng paperwork required to activate the grant Please fill out these forms and return within 30 days of the date of this letter If your paperwork Is not received in th~s t~me period, funds will be awarded to another project (we will allow an extension ff you notify us with a valid reason for the delay) Also enclosed is a package contmmng the forms (Request for Reimbursement) that must be submitted to be reimbursed for project expenses Please read the instructions provided for completing these forms. Also please read page 3-section 14 of the Memorandum of Agreement document that describes your record keeping and expense documentation responsibilities We cannot reimburse your organization for expenses w~thout proper expense documentat~on~ All of the enclosed paperwork and future correspondence regarding your grant project should be d~rected to U & CF Program, c/o Department of Forestry, P. O. Box 3758, Charlottesville Virginia 22903. If you have any questions or need further assistance, please feel free to contact me at (804) 977-6555 Congratulations on your grant award I w~sh you every success ~n the implementation of your project c Rick Scarper Sincerely, Paul F Revell Urban Forestry Coordinator M~ss~on "We Protect and Develop Healthy, Sustmnable Forest Resources for V~rg~mans." Item IV-K. 6. ORDINANCES/RES OL UTIONS - 20 - ITEM # 45095 Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Councd ADOPTED: Ordinance to authorize a temporary encroachment tnto a portton of the City's rtght-of-way on 16th Street, bordertng Mediterranean and Balttc Avenues, to the Northeast property ptn of W. T. Cooke Elementary School re construction and maintenance of two (2) chain link fences to provtde a safety barrter between the extsttng baseball field and the 16th Street traffic flow, subject to The following conchttons shah be requtred The temporary encroachment shall be constructed and maintatned tn accordance wtth the laws of the Commonwealth of Virginia and the Ctty of Vtrginta Beach and tn accordance wtth the City's specifications and approval as to stze, ahgnment and location The temporary encroachment shah terminate upon nottce by the Ctty to the apphcant and, wtthtn thirty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear aH costs and expenses of such removal. . The apphcant shah tndemntfy and hoM harmless the Ctty tts agents and employees from and agatnst all clatms, damages, losses and expenses, tnclucltng reasonable attorney's fees in case it shall be necessary to file or defend an actton artstng out of the locatton or existence of the temporary encroachment. . Nothing herein contatned shall be construed to enlarge the permtssion and authority to permtt the matntenance or construction of any encroachment other than that spectfied heretn and to the hmtted extent specified heretn, nor to permit the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntain the temporary encroachment so as not to become unstghtly or a hazard The apphcant must obtatn a permit from the Office of Development Servtces Center~Planning Department prior to commenctng any construction wtthtn the encroachment area Prtor to issuance of a right-of-way permtt, the apphcant must post surettes tn accordance wtth the proJect engineer's cost esttmate, to the Office of Development Servtces Center/Planntng Department The apphcant shall obtain and keep tn force all rtskproperty tnsurance and general liabthty or such insurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the City as addittonal named insured or loss payee, as applicable The apphcant must also carry comprehenstve general habthty insurance tn an amount not less than Five Hundred Thousand Dollars ($500,000), combtned stngle hmtts of such tnsurance pohcy or pohctes. The apphcant must provtde endorsements providing at least thirty (30) days' written nottce to the Cityprtor to the cancellatton or termination of, or matertal change to, any of the tnsurance pohctes. The apphcant assumes all responstbthttes and habilittes, vested or conttngent, wtth relatton to the temporary encroachment. June 8, 1999 Item IV-K. 6. ORDINANCES/RES OL UTIONS - 21 - ITEM # 45095 (Continued) 10. The applicant shall submtt for revtew and approval a survey of the area being encroached upon, certtfied by a registered professional engineer or a hcensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if requtred by the Ctty Engtneer's Office The City, upon revocation of such authortty and permission so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any manner provtded by law for the collectton of local or state taxes; may require the applicant to remove such temporary encroachment, and, pending such removal, the City may charge the apphcant for the use of such portion of the Ctty's right-of-way encroached upon the equtvalent of what would be the real property tax upon the land so occupied if tt were owned by the apphcant, and if such removal shall not be made within the time spectfied by the Ctty, the Ctty shall tmpose a penalty in the sum of One Hundred Dollars ($1 O0 00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensatton and penalties tn any manner provtded by law for the collectton of local or state taxes Voting 11-0 (By ConsenO Council Members Voting Aye: Ltnwood O. Branch, III, Margaret L Eure, Wdliam W Harrtson, Jr, Harold Heischober, 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 Voting Nay. None Councd Members Absent. None June 8, 1999 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY BY VIRGINIA BEACH CITY PUBLIC SCHOOLS, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Virginia Beach City Public Schools desires to construct and maintain a two Chain Lmnk Fences mnto the City's right-of-way located on 16th Street, beginning at a point 31.1' east of Mediterranean Avenue and running a distance of 290.8' east to the northeast property pin of the school smte. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2-107 and 15.2-2009, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the C~ty's r~ght-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: , That pursuant to the authority and to the extent thereof contained ~n §§ 15.2-2107 and 15.2-2009, Code of Virginia, 1950, as amended, Virginia Beach City Public Schools, its hezrs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for two Chazn Link Fences mn the C~ty's right-of-way as shown on the map entitled: "CIVIL DIVISION PLAN W. T. COOKE ELEMENTARY SCHOOL VIRGINIA BEACH PUBLIC SCHOOLS VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA · drawing BASEBALL FIELD IMPROVEMENT PLAN", a copy of which is on file in the Department of Public Works and to which reference ms made for a more particular descrmption; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criterma contained in the Agreement between the City of Virginia Beach and 33 34 35 36 37 38 39 4O 41 Virginia Beach City Public Schools, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be mn effect until such time as Virginia Beach City Public Schools and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of June , 1999. 42 43 44 45 CA-#~3~~ wtw/] dew/vbcps R-1 PREPARED May 10, 1999 APP%O~ED~%S TO CONTENT~ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY A~ FORM CITY ATT~EY ~' ION LOCATION MAP SCALE · 1" -- 800' ELEME COOKE SCHOOL LOCATION MAP FENCE ENCROACHMENT AT MEDITERRANEAN AVENUE & 16th STREET SCALE: 1" = 100' C:MONICA~EALESTATE/99-4-733 PREPARED BY P/W ENG. DRAFT. 09-APR-1999 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE THIS AGREEMENT, made this //?'d day of /d4~)/ ,19 ~q, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and VIRGINIA BEACH CITY PUBLIC SCHOOLS, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one WITNESSETH: That, WHEREAS, it ~s proposed by the Grantee to construct and maintain two Chain Link Fences, "Temporary Encroachment", in the C~ty of V~rg~nia Beach; and WHEREAS, ~n constructing and maintmning the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as 16th Street, beginmng at a point of 31.1' east of Mediterranean Avenue and running a distance of 290.8' east to the northeast property p~n of the school site, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and ~n consideration of the premises and of the benefits accrmng or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), ~n hand paid to the City, receipt of which ~s hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and ma~ntmmng the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "CIVIL DIVISION PLAN W. T. COOKE ELEMENTARY SCHOOL. VIRGINIA BEACH PUBLIC SCHOOLS' VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA · drawing BASEBALL FIELD IMPROVEMENT PLAN", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon not~ce by the C~ty to the Grantee, and that w~thin thirty (30) days after the not~ce is g~ven, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee w~ll bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall ~ndemmfy and hold harmless the C~ty, ~ts agents and employees, from and agmnst all claims, damages, losses and expenses including reasonable attorneys' fees in case it shall be necessary to file or defend an action arising out of the loc~ttion or existence of the Temporary Encroachment. It ~s further expressly understood and agreed that nothing here~n 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 here~n, nor to permit the mmntenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintmn the Temporary Encroachment so as no.t 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, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planmng Department. It is further expressly understood and agreed that the Grantee must obtain and keep ~n force all-risk property ~nsurance and general liabihty or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as apphcable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee wall provide endorsements providing at least thirty (30) days written notice to the C~ty prior to the cancellation or termination of, or material change to, any of the insurance pohcies. The Grantee assumes all responsibilities and habilities, vested or contingent, w~th relation to the Temporary Encroachment. 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 in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Virginia Beach City Public Schools, has caused this Agreement to be executed by Anthony L. Arnold, Director of Facilities, Planning and Construction with due authority to bind said association. Further, that the City of Virgima 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 ~ts City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk I Item IV-K. 7 ORDINANCES/RES OL UTION - 22 - ITEM # 45096 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Jones, Ctty Counctl ADOPTED: Ordtnance to authortze the City Manager to enter into a City-State Agreement with the Virginia Department of Transportation (VDOT) for constructton of Kempsville Road, Phase III (CIP 2-139), provtdtng a stx- lane divtded htghway from Centervtlle Turnptke tntersectton to the Ctty hne (1 12 mtles) (CENTER VILLE- DISTRICT #1) Vottng 11-0 (By Consent) Councd 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, Vice Mayor Wilham D Sessoms, Jr. and A M "Don" Weeks Counctl Members Voting Nay: None Counctl Members Absent: None June 8, 1999 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CITY-STATE AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE KEMPSVILLE ROAD, PHASE m PROJECT WHEREAS, the proposed Kempsville Road, Phase IH Project provides for a six-lane divided highway from Centerville Turnpike intersection to the City Line, for a total distance of 1 12 miles, and WHEREAS, City Council has determined that a public necessity exists for the construction of this important project to provide transportation enhancement and for other public purposes related to the preservation of the safety, health, peace, good order, comfort, convenience, and welfare of the citizens of Virginia Beach, and WHEREAS, in order for the Virginia Department of Transportation ("VDOT") to proceed with this project, the City must enter into a City-State Agreement with VDOT for construction of the project, now THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA That the City Manager is hereby authorized to enter into a City-State Agreement with the Virginia Department of Transportation for construction of the Kempsville Road, Phase III Project (CIP 2-139), VDOT Project 0190-134-V04, PE-101, RW-201, C-501) on behalf of the City of Virginia Beach 8 June Adopted this day of ,1999, City of Virginia Beach, Virginia ATTEST ~erk of Co6ncil layor/City Mana'g~ APPROVED AS TO LEGAL SUFFICIENCY AGREEMENT BE'I'WEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA DEPARTMENT OF TRANSPORTATION The City of Virginia Beach, Commonwealth of Virginia, hereinafter referred to as VIRGINIA BEACH, and the Commonwealth of Virginia, Department of Transpodation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: I The DEPARTMENT will prosecute a project for the improvement of 1.0 mile of Kempsville Road w~thin VIRGINIA BEACH from WCL, to Centerville Tumpike, and designated as Route 190, Project 0190-134-V04, PE-101, RW-201, C-501 and Federal Project STP-5403 (546). 2 VIRGINIA BEACH approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board/Federal Highway Administration and agrees that if such project is approved and constructed by the DEPARTMENT, VIRGINIA BEACH, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or ~ts authorized representatives and will make ample prowsion each year for such maintenance 3 VIRGINIA BEACH agrees that after construction of the project, or any part thereof, it w~ll not permit any reduction in the number of or width of traffic lanes, or any additional median crossovers and enlargement of ex~st~ng median crossovers, or any alterations to channehzation islands, without the prior written approval of the DEPARTMENT. 4 Parking will be prohibited at all times on both sides of this project and appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current ed~bon of the Manual on Uniform Traffic Control Dewces 5 VIRGINIA BEACH agrees that the location, form and character of ~nformational, regulatory and wam~ng signs, curb and pavement or other markings and traffic s~gnals, installed or placed by any pubhc authority, or other agency, shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices or be subject to the approval of the DEPARTMENT 6 VIRGINIA BEACH agrees that the location and installation of ublity poles, lighting standards, traffic signal poles or any other fac~hty installed or placed within the right of way by any public authority, or other agency, shall conform to VDOT Land Use Permit Manual or be subject to the approval of the DEPARTMENT. 7 VIRGINIA BEACH agrees to comply with Title VI of the Civil R~ghts Act of 1964 and the V~rginia Fair Employment Contracting Act, Section 2 1-374 through 2 1-376 of the Code of Virginia (1950), as amended. 8 VIRGINIA BEACH agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. 9 VIRGINIA BEACH agrees that prison labor will not be used for any purpose whatsoever on this project. 10 VIRGINIA BEACH agrees to participate in the actual cost of this project in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST VIRGINIA BEACH'S SHARE ITEM ESTIMATED COST % AMOUNT Prehminary Engineering $ 736,000.00 2% Right of Way 1,402,000.00 0% Ubl~ty w/Betterment 175,024.86 44.15% Ubl~ty 785,845.92 2% Road Construction 2,497,000.00 0% Road Construcbon 2,717,605.37 2% Totals $8,314,476.15 14,720.00 0.00 77,273.48 15,716.92 0.00 54.352.11 $162,062.51 *RSTP Funding IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the CITY of VIRGINIA BEACH on the day of , 19 , and the DEPARTMENT on the day of ,19 A'FI'EST CITY OF BY BY [ CITY CLERK CITY MANAGER NOTE The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals APPROVED AS TO FORM CITY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY COMMISSIONER EXECUTIVE SUMMARY: Three attachments to this executive summary provide additional background information for the Kempsville Road Phase HI project. The first attachment, a copy of the Capital Improvement Program roadway project detail sheet, shows the distribution of funds into various aspects of the project and the total roadway budgetary contribution necessary by the City. The second is a copy of the CIP detail sheet for the public utility betterments. Also provided is a copy of the previous City Council resolution to the Virginia Department of Transportation asking VDOT to proceed with the final design and relocation of utilities for the Kempsville Road project. The City-State Agreement is the formal mechanism which VDOT uses to obligate project costs which include design, acquisition and construction. While the amounts shown in the City-State Agreement are estimated costs based on currently known costs, the actual cost of the project will be determined by applying the percentages designated by the City-State Agreement to the final costs for construction and other project activities. The City's cost share with VDOT will cover the basic VDOT project requirements (design, fight of way and construction) plus other partially-funded costs such as utility betterments As presented in the City-State Agreement, the total project cost is estimated by VDOT to be $8,476,538.66 The amount that the City is responsible for is estimated to be $162,062.51 with the remainder, $8,314,476.15, to be the responsibility of VDOT. Funding for the City's $162,062 51 share is available from two CIP projects: CIP 2-139 will provide $84,789 03 for the roadway improvements and CIP 5-076 will provide $77,273 48 for the public utility water main betterment It is noted that the Public Works CIP detail sheet, 2-139, shows a total project cost of $9,594,800 That amount includes items that are funded without contribution by VDOT such as: streetlights, enhanced landscaping, aesthetic finishes on the backside of the soundwalls, inspection and support, and contingencies; resulting in an estimated total City cost share of $923,000 for the project LOCATION KEMPSVILLE PHASE MAP FOR ROAD Iil C.I.P. 2-139 SCALE: 1" -'- 1600' C:MONICA/ENO/NORBERT/OIq-4-76,3 PREPARED BY P/W El'dO. DRAFT. 2c~-p, PR-IClS9 City of Virginia Beach Virginia Fiscal Year 1999-2000 thru 2004-2005 Capital Improvement Program m ! Project # and Title: 2-139 Kempsville Road - Phase III [VDOI'J CIP Section: ROadways Bu~lne~ Area ~ Quality Physk:ai Environment Priority: · · Total Total Budget UnaPl~mprlated Sub,~luent Yeara Future Programmed Approprlation~ Year I Year 2 Year 3 Year 4 Year 5 Year 6 Funding Fund~ To Date FY 19~.00 FY 2000-01 FY 2001-02 FY 2002.43 FY 2003-04 FY 2004.05 Requirement ' ~22,000 023,000 0 0 0 0 0 0 0 VDOT # O190-134-V04. This project is for construction of a six-lane divided highway from Centarvtlle Turnpike to the Chesapeake city line, and full intersection improvements at the Kempeville Road and Centerville Tuml~'ke intam~ a distance of approximately 5,200 feel Consideration of a six-lane segment is considered in FY 1997-98. This project will help relieve the traffic congestion on Kempsville Road which will women with the dev~ of Treshmom II District Park and Tallwood Elementary Scix~. This project first appeared in the 1990-94 ClP at an estimated cost of $5,972,000 ~ was originally scheduled for ~nanctng through a proposed 1991 referendum. The Commonwealth has accepted this project as a state road project. The scope of this project was originally approved as a sE-lane divided highway, but was reduced to four lanes by Council action in the 1993-94 ClP. In June 1997, City Council approved a six-lane divided highway with soundwalis. Cost estimates have been adjustad to reflect this scope change. Maintenance 0 ' 0 ' 0 52,480 ~,054 ' '55,676 Activity ' ' ' mm - To Amount Inspecaom ~d Support 01/92-06/99 327,30b Design 01/92-11/99 736,000 Site Acquisition 08/98-11/99 1,402,000 Private Utility Adjustments 09/99-02/00 483,700 Construction 07/99-08/01 4,353,300 Street Ughts 02/00-02/02 90,000 Landscaping 08/01-02/02 114,000 Contingencies 01/92-03/02 250,000 Total Budgetary Cost Estimate Funding Source Amount ['~J~[-Eh"~ Bonds 424.840 Fund Balance 158,888 Operating Budget 339,272 Total Programmed Financing ~ Futura Funding Requirements 0 Fiscal Year 1999-2000 33 Roadways City of Virginia Beach Virginia - Fiscal Year 1999-2000 thru 2004-2005 Capital Improvement Program Project # and Title: 5.076 Kempaville Road. Phase III CIP Section: Water Utility Buline# Area: Quality Physical Environment Priority: Total Total Budget Unsppropriltad Subsequent Yearn Future Programmed Appropriations Year I Year 2 Year 3 Year 4 Year $ Year 6 Funding Funds To Date FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2OO3-O4 FY 2004-05 Requirement 200,000 200,000 Ot 0 0 0 0 0 6 This project is for construction of approximately 1,750' of combined 4', 6', 8', 10' and 12' water main along Kempsville Road, from Dunn Loring Road to the City of Chesapeake limits end from Monument Drive southwest 300'. This project is located in the Kempsville District. Construction will be coordinated with highway project #2-139 Kempsville Road - Phase III. Water is being extended to serve four lots with the possibility of future extension outside the paved section to serve two large undeveloped parcels. This project is also providing additional fire protection to the area. Failure to coordinate this project with the roadway project will result in higher overall costs to install the water main at some future date, unnecessary disruption of traffic and open cutting of the medway. This project first appeared in the 1990-91 CIP. Cost estimates have been upclated to reflect a reduced project scope due to development of large tracts of city-owned rand into a city park. Beam for Estimate FY 1999-00 FY 2000.01 FY 2001.02 FY 2002-03 FY 20034)4 FY 2004-05 Non-Applicable 0 0 0 0 0 0 Construction 07/99-02/02 120,000 Contingencies 01/96-02/02 30,000 Total Budgetary Cost Estimate 2uu,uud Total Non-Programmed Costs 0 ~ Total Programmed Costs 200,000 Funding Soume Amount Revenue Bonds 200,000 Total Programmed Financing zuu,uuu Futura Funding Requirements 0 Fiscal Year 1999-2000 31 Water Utility i Item IV-K. 8 ORDINANCES/RES OL UTION - 23 - ITEM # 4509 7 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Jones, Ctty Counctl ADOPTED: Ordtnance to authorize the Ctty Manager to execute an Agreement with the City of Chesapeake to provtde water and sewer service to restdenttal properties located wtthin the Ctty of Vtrgtnta Beach, which are part of Emerald Forest Subdivision on Kempsvdle Road (CENTER VILLE - DISTRICT #1) Vottng 11-0 (By Consent) Council Members Voting Aye. Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louis 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 June 8, 1999 AN ORDINANCE AUTHORIZING THE CITY OF CHESAPEAKE TO PROVIDE WATER AND SEWER SERVICE TO CERTAIN RESIDENTIAL PROPERTIES LOCATED WITHIN THE CITY OF VIRGINIA BEACH WHEREAS, Emerald Forest, L.L.C. (hereinafter 7 "Developer") is developing a residential subdivision along 8 Kempsville Road, a portion of which subdivision lies in Virginia 9 Beach and the remainder in Chesapeake; and 10 WHEREAS, Developer desires that all lots in the said 11 subdivision be served by public water and sewer; and 12 WHEREAS, the City of Virginia Beach does not have 13 facilities readily available to provide water or sewer service to 14 those lots in the subdivision which are located within Virginia 15 Beach; and 16 WHEREAS, the Virginia Department of Transportation 17 (hereinafter "VDOT") is in the process of widening Kempsville Road; 18 and 19 WHEREAS, the construction will cause two properties 20 located within the City of Virginia Beach to lose their potable 21 water wells; and 22 WHEREAS, the City of Virginia Beach desires to cooperate 23 with the City of Chesapeake in ensuring that the residents of the 24 aforesaid properties have public water and sewer service; 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 That the City of Chesapeake be, and hereby is, authorized 28 to provide public water and sanitary sewer service to the lots 29 described in that certain agreement entitled "EMERALD FOREST 30 UTILITY SERVICE AGREEMENT," dated May 24, 1999, a copy of which is 31 on file in the City Clerk's Office, according to the terms thereof, 32 and to that end, the City Manager is hereby authorized and directed 33 to execute, on behalf of the City of Virginia Beach, the aforesaid 34 Agreement. 35 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of June , 1999. 38 39 4O 41 42 43 44 45 46 47 48 CA-99-7390 wmm~ ordres ~ emerald, ord R-1 May 24, 1999 APPROVE~TO CONTENT: ' epartment of ~Utilities APPROVED AS TO LEGAL SUFFICIENCY: Department of Law EMERALD FOREST UTILITY SERVICE AGREEMENT SUMMARY OF TERMS Subject: Purpose: Reason: Material Terms: Provision of public water and sewer service to subdivision known as Emerald Forest, most of which is located within City of Chesapeake Allow City of Chesapeake to provide water and sanitary service to three lots located ~n Virginia Beach portion of subdivision. More practical, from design and expense standpoint, for Chesapeake to provide the service. , Chesapeake to provide water and sewer service to lots ~n Virginia Beach portion of subdivision (including fire protection). All other municipal services to be provided by Virginia Beach. 2. Chesapeake fees and rules re water and sewer service to govern. . Chesapeake to have access easements, etc. needed to maintain facilities, but will return streets, etc. in Virginia Beach to their original condition after repairs made. Chesapeake to indemnify Virginia Beach for any negligence. 4. All fees, costs, etc. to be paid by residents to Chesapeake. Proposed EMERALD FOREST SUBDIVISION (45.8 ac.) PROPOSED EMERALD FOREST SUBDIVISION WATER LINE ...... SEWER LINE ~ 5/25/99 to lot wt~ new entrance mad buffer Ex~tlng houee to mmekl etOrrn Water BMP /! Item IV-K. 9. ORDINANCES/RES OL UTION - 24 - ITEM # 45098 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Resolutton to authortze Vtrgtnta Beach to partictpate tn the H20 HELP TO OTHERS Program, provtdtng financtal asststance to citizens who hve tn the service area and are tn danger of having water service terminated Vottng: 11-0 (By Consent) Councd Members Vottng Aye: Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrtson, Jr., Harold Heischober, 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 Council Members Absent' None June 8, 1999 A RESOLUTION COMMITTING THE CITY OF VIRGINIA BEACH TO PARTICIPATE IN THE H20 - HELP TO OTHERS PROGRAM WHEREAS, the Hampton Roads Planning District Commission 5 (HRPDC) has endorsed the H20 - Help to Others Program (the Program) 6 as a means of providing financial assistance to citizens whose 7 water service is in danger of being terminated because of their 8 inability to pay their water bill; and WHEREAS, the Program provides an opportunity for utility 10 customers to donate money, on a voluntary basis, to a regional fund 11 which would be allocated to individual localities according to a 12 specific formula, and which would thereafter be used to assist 13 citizens who meet the Program's eligibility criteria in paying 14 their water bills; and 15 WHEREAS, the eligibility criteria require that an 16 individual receiving financial assistance under the Program (1) 17 must live in the service area of the participating utility; (2) 18 must be in danger of losing residential water service provided by 19 the participating utility; (3) must demonstrate a personal or 20 family crisis, such as, but not limited to, the death of a head of 21 household or other family member, or a catastrophic illness; (4) is 22 eligible for assistance from the Program one time in any twelve- 23 month period in the amount of $250.00 or the balance due, whichever 24 is less; (5) must agree to participate in an educational program as 25 recommended by the social service provider selected by the 26 participating utility; and (6) must assume some responsibility for 27 partial payment of the bill, as determined by a social service 28 provider; and WHEREAS, the Program is a matter which requires regional 30 cooperation, such that the participation of the City of Virginia 31 Beach, as well as the other localities comprising HRPDC is required 32 in order make the Program a complete success; and 33 WHEREAS, the City Council recognizes that water is a 34 necessity of life, and not merely a convenience, and that 35 participation in the regional program is in the public interest; 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 That the City of Virginia Beach hereby commits that it 39 will participate in the H20 - Help to Others Program. 40 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 That the City Clerk shall transmit a certified copy of 43 this Resolution to the Hampton Roads Planning District Commission. 44 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the 8th day of 3une , 1999. 47 CA-99-7366 48 wmm~ordres~h20.res 49 R-2 50 May 25, 1999 51 52 53 54 55 56 57 APPROVED AS~ CONTENT: Department of Law INTRODUCTION HELP TO OTHERS (H20) PROGRAM 1.~;,,.. RECr_-,vr-'o \'.\ CRITERIA DOCUMENT All utilities face problems with individuals who are unable to pay their residential utility bills from time to time. In some cases, these individuals are unable to pay their bill due to some type of personal crisis, such as death, disability or unemployment. This may be a long or short-term problem for the individual and the utility. For long-term inability to pay, there are options available for the individual through various social services programs. For short-term situations, there are fewer programs available. To address this latter s~tuation, various utilities have considered and developed programs to solicit community contributions, which can then be used to pay the individual's residential utility bill as a last step to avoid termination of utility service. In the Hampton Roads region, the Energy Share Program of Virginia Power is the most recognized. Public water utilities have also addressed this issue on an occasional basis. For example, James City Service Authority (JCSA) operated a short-lived program several years ago. More recently, the Norfolk Department of Utilities and JCSA, in cooperation with the Hampton Roads Sanitation District (HRSD) and various social services providers, developed the concept of the "Help To Others (H20) Program." Th~s program would allow community contributions to a fund, to provide financial assistance for individuals in danger of losing residential water service due to non-payment of a bill. An individual's eligibility for use of funds w~ll be established by the social service provider selected by the participating utilities. The three utilities propose to pdot this program in fiscal year 1999. To facditate future parbc~pation by the other utilities in Hampton Roads, consistent criteria for determining elig~bdity for financial assistance should be developed on a regional basis. The Hampton Roads Planning D~strict Commission (HRPDC) appointed an Advisory Committee to recommend those criteria. PROCESS DESCRIPTION At ~ts January 1997 Quarterly Commission Meeting, the HRPDC approved a recommendation from the HRPDC Directors of Ublities Committee to establish an Advisory Committee to develop regionally consistent elig~bd~ty criteria for financial assistance under the H20 Program. Each member local government was requested to recommend ~ndividuals to serve on th~s committee. Based on the recommendations, the HRPDC Chairman appointed members to the H20 Advisory Committee. Th~s committee is comprised of representatives from the region's fifteen localities. The participants include water utilities, both public and private social service providers, and community representatives. Representatives of Hampton Roads Sanitation District, Virginia Beach Ubl~bes, and the HRPDC serve as ex-officio members. The H20 Advisory Committee held its first meeting in December 1997. It met four times over the ensuing six months. The committee reviewed similar programs operated by Virginia Power and other utilities in California and Texas. The committee was able to reach a consensus on the criteria and developed recommendations for a number of other issues beyond the specific elements of the committee's charge. Th~s report documents the recommended eligibility criteria and the committee's recommendations for future action. ELIGIBILITY CRITERIA The committee agreed upon the following set of criteria for use in determining eligibility for financial assistance under the program. An individual: o Must live in the service area of the participating utility. Participating utihbes ~nclude public water ubl~bes in Hampton Roads and HRSD. . Must be in danger of losing residential water service provided by the participating utility. For most utilities, water service can be cut off if the ~ndividual is delinquent in paying his or her bill. . Must demonstrate a personal or family crisis. Representative family or personal cnses include, but are not I~m~ted to, death of a head of household or other family member, a catastrophic ~llness, a drastic decrease in family ~ncome, or other s~tuations to be evaluated on a case-by-case basis. The social service provider should be given the flexibility to ~nterpret what constitutes a personal or family cr~s~s in specific cases. m Is eligible for program assistance one time in any twelve-month period in the amount of $250 or the balance due, whichever is less. The committee believes these limitations on frequency and amount of assistance are equitable and fair to individuals ~n need. o Must agree to participate in an educational program as recommended by the social service provider. Water conservation educabon and financial counseling are examples of programs recommended. The social service provider should be allowed the flex~b~hty to determine the needs of the ~nd~v~dual based on available services. Should assume some responsibility for partial payment of the bill. The social service provider should be allowed the flexibility to determine how much, if any, of a partial payment would be required. CONCLUSION The recommended eligibihty cnteria are based on the research of similar programs across the nation and the local experience of the H20 Advisory Committee. The committee members represent the diverse interests of the region. It ~s the consensus of the committee that the criteria provide rigid enough control to ensure consistency throughout the Hampton Roads area but are sufficiently flexible for the social service agencies to administer the program in an effective manner. The committee recommends that these criteria be adopted by the HRPDC for use by local governments who decide to participate in the H20 Program. FUTURE CONSIDERATIONS AND RECOMMENDATIONS During the development of the eligibdity criteria, the committee identified various administrabve ~ssues that could be addressed through a regional committee structure similar to this Adwsory Committee. The Advisory Committee is unanimous in ~ts recommendabon that the H20 Program should be regional in its scope. The funding pool should be allocated to aid individuals from each participating locality based on a regionally established formula. Consensus on an allocation formula should ensure equity in program funding and assistance. The following briefly idenbfies other administrative issues with recommendabons for future course of actions: Administrative Procedures: A regionally appointed committee should be convened to recommend management procedures between the participabng utilities and their selected social service providers. Some of the ~ssues ~nclude preserving client confidentiality, coordination of communication regarding speciahzed c~rcumstances, identifying and managing chronic repeat users, the collecbon and d~str~bubon of program funds, and the administrative cost of the H20 program. Fund Allocation Formula: A regionally appointed committee should be convened to recommend an equitable formula for distnbubng the funds among the participating utilities. A number of potenhal factors should be considered, ~ncluding number of customers, delinquent accounts, income levels and so forth. Program Review and Evaluation: A regionally appointed committee should be convened to review the progress of the program and to make recommendabons regarding such issues as reallocation of funds and program enhancements. Fund Raising and Marketing: A regionally appointed committee should be convened to provide recommendations to the participating utilities regarding effective approaches to public relations and marketing 04,2~/99 12:81 To'Lynn Proctor' From=Scott Ernr¥ Page 2/5 HELP TO OTHERS (H20) PROGRAM REGIONAL ALLOCATION FORMULA DOCUMENT REVISED DRAFT INTRODUCTION All utilities face problems with individuals who are unable to pay their residential utility b~lls from bme to t~me In some cases, these ~nd~v~duals are unable to pay their b~ll due to some type of personal cr~s~s, such as death, d~sab~l~ty or unemployment Th~s may be a long or short- term problem for the ~nd~wdual and the utility For long-term ~nab~l~ty to pay, there are options available for the ~nd~wdual through various social services programs For short-term s~tuat~ons, there are fewer programs available At ~ts January 1997 Quarterly Commission Meeting, the HRPDC approved a recommendation from the HRPDC D~rectors of Utilities Committee to establish an Advisory Committee to develop regionally consistent eligibility criteria for financial assistance under the H2© Program Each member local government was requested to recommend indlwduals to serve on th~s committee Based on the recommendabons, the HRPDC Chairman appointed members to the H20 Adwsory Committee Th~s committee ~s comprised of representatives from the region's fifteen localities The participants ~nclude water utilities, both public and private social service prowders, and community representatives Representabves of the Hampton Roads Sanitation D~stnct, James C~ty Service Authority, V~rg~n~a Beach Department of Utilities and the HRPDC serve as ex-officio members The Committee completed ~ts recommendations and the Criteria Document was approved by the HRPDC at Its July 1998 Quarterly Commission Meeting The Criteria Document ~ncluded a recommendation that a regionally appointed committee be convened to recommend an equitable formula for d~stnbut~ng the funds among the participating utilities A number of potential factors were suggested for consideration, ~nclud~ng number of customers, delinquent accounts, ~ncome levels and so forth The Commission requested the ex~st~ng H20 Adwsory Committee develop a recommendabon for a regional allocation formula at ~ts July 1998 Quarterly Commission Meeting The H20 Advisory Committee met five t~mes from July 1998 through December 1998 The Committee reached a consensus on the regional allocation formula and administrative criteria to be used to provide for equitable distribution of the donated funds Th~s report documents the recommended allocabon formula and administrative criteria for allocating H20 Program donations to the participating localities last rewsed 2/3/99 I 84/29/99 1£:01 To:Lynn Proctor From:Scott Emr¥ Page 3/5 ALLOCATION FORMULA The Committee began the process with the premise that the allocation formula should reflect the eligibility criteria for an ind~wdual seeking financial assistance under the H20 Program The Committee reviewed and considered various US Census demographic data for the region ~nclud~ng · median family income, · median household ~ncome, · per capita ~ncome, and, · total population The Committee requested data from each municipal water utility and HRSD to review and consider ~n developing the formula This data included the follow~ng · the number of residential service connections for each locality, · the number of delinquent accounts over a one year period, · the number of residenbal accounts for which water was shut off as a result of non- payment of a utility bill, · the number of repeat resldenbal accounts for which the water was shut off more than once for non-payment of a utility bill, and · the number of total acbve accounts as of June 30, 1998 (commercial, residential, industrial, and military) The Committee received the following recommendations from the HRPDC's Directors of Utilities Committee at ~ts November 4, 1998 meeting · F~fty percent of the donabons should remain w~th~n the junsd~cbon from which they originated Administrative costs for tracking donations should be explored further · The formula should consider the total number of active res~denbal accounts shut off per year for each jurisdiction regardless of the population · The formula should be based on HRSD's records of total accounts and the number of accounts for which water was cut off to ensure data consistency across the region Jurlsdlcbons not served by HRSD could be estimated based on a pro-rata share The Committee tested various formulas and considered the Directors of Utilities recommendations in developing an allocation formula that would be equitable to all last rewsed 2/3/99 I 04,29/99 1£:01 To:Lynn Proctor From:Scott Emrv Page 4/5 parbc~pabng junsd~cbons and represent the ~ntent of the H20 Program After much consideration, the Advisory Committee recommends that a base allocabon of up to $1000 00 be allocated to each participating municipality The remaining funds should be distributed based on the following A/B x 100 = C C x (total funds - E) = F A= Total number of active accounts for each participating water utility at the end of the prewous fiscal year B= Total number of acbve accounts for al/part~c~pabng water ubl~ties at the end of the prewous fiscal year C= Percent share E= Total base allocation F= Allocation of the prorated funds The attached table provides a practical illustration of the Allocation Formula A base allocation has been recommended to provide all participating municipalities w~th minimal financial assistance sufficient to make the program a beneficial endeavor for the entire region Without the base allocation, a straight pro-rata allocation of $150,000 would result ~n some municipalities rece~wng less than $500 ~n funding In the case of Southampton County, a straight pro-rata allocation would not provide sufficient resources to assist more than one ~ndlwdual or family ADMINISRATIVE CRITERIA The Committee agreed upon the following set of criteria for use ~n adm~nlstenng the allocation formula on a regional bas~s All donations must be pooled into one regional fund for allocation to reduce the administrative costs for the program It was the recommendation of the Advisory Committee ~n the Eligibility Criteria document, approved by the HRPDC ~n July 1998, that the H20 Program should be regional ~n nature The Advisory Committee continues to support that recommendation in developing the Regional Formula This stance comes from a genuine belief that citizens In Hampton Roads are wilhng to help their neighbors ~n a cns~s sltuabon regardless of where ~n Hampton Roads that neighbor may hve Many programs In the area, such as the United Way, the Red Cross, the Children's Hospital of the K~ng's Daughters, recewe donabons w~thout local jur~sd~cbonal preferences The H20 Program ~s ~ntended to offer help to families ~n a cnsls s~tuatlon Already, the p~lot program has received donations from communities outside of the pilot area (City of Norfolk and James City County). Since the fundralslng effort will be conducted through a cooperative effort, it Is likely that the response In donations from a given jurisdiction will be relatively proportional to the total metered accounts in that jurisdiction The H20 allocation formula recommended last rewsed 2/3/99 I 04/29/99 12:01 To:Lynn Proctor From:Scott Emrv Page 5/5 in this document reflects this relationship Participating municipal water utilities and the HRSD must coordinate fundraising efforts to coincide with each other. The Committee recommends a Spring and a Fall fund raising effort to reasonably accommodate new participation by municipal water utilities Part~c~pabon ~n the Hampton Roads Utility B~ll~ng System (HRUBS)~s not a prerequisite for a municipal water utility in Hampton Roads to participate ~n the H20 Program The H RSD has volunteered to serve as the central accounting and collection agency for the program One regional account w~ll be established to manage all contr~bubons Municipal water utilities that choose to participate at some time in the future should be required to wait to participate until the next regularly scheduled regional fundraising effort. The allocation formula should be reviewed and evaluated at least once a year. A regionally appointed committee should be convened to review the progress of the program and to make recommendations regarding such Issues as reallocation of funds and program enhancements Participating municipal water utilities must provide the total number of active accounts as recorded for the last day of the most recent fiscal year. The total number of acbve accounts ~ncludes the commercial, ~ndustr~al, m~l~tary, and residential accounts Th~s ~nformabon ~s recorded by each water ut~hty on a regular bas~s and at the end of each fiscal year The fiscal year for every municipality in Hampton Roads ends on June 30TM At the request of the Directors of Utilities Committee, the Advisory Committee considered using HRSD's records ~n the allocation formula After careful analys~s, ~t was determined that criteria used by HRSD to cut off water for non-payment of a utility b~ll varies based on the working relabonsh~p w~th each municipal water ubl~ty Also, HRSD's records for total number of accounts do not adequately reflect the number of public drinking water customers for all localities CONCLUSION The recommended allocation formula is based on the results of an extensive review of regional demographic data and the tesbng of various formulas based on that data It ~s the consensus of the Committee that the allocation formula reflects the eligibility criteria for an ~ndlwdual seeking financial assistance under the H2© Program and ~t should ensure consistent and equitable d~strlbubon of donations to the partlc~pabng localities The Committee recommends that th~s allocabon formula and adm~n~strabve criteria be adopted by the HRPDC for use by municipal water utlhtles in the Hampton Roads area which decide to participate in the H20 Program last rewsed 2/3/99 H20 PROGRAM SAMPLE ALLOCATION FORMULA TABLE* Total Funds (Tf) = $150,000.00 i i i ii i i ii i i Total Metered Base Prorated Total Locality Accounts Percent Allocation Allocation Allocation I A I ,A/Bxl'0.0..=~ I D .'1 Cx(T.f-E)=F ! D+F Chesapeake 51,481 12.38% $ 1,000 $ 16,718.99 $ 17,718.99 ,, Franklin 3,279~ 0.79% $ 1,000 $ 1,064.89 $ 2,064.89 Gloucester 3,370: 0.81% $"~,000 $ 1,094.44 $ 2,0947.~ Hampton** '44,312;' 10.66% $ 1,000 $ 14,390.79 $ 15,390.79 Isle of Wight 1,360 0.33% $ 1,000 $ 441.67 $ 1,441.67 james City county** 13,583 3.27% $ 1,000 '$ 4,411.22 $ 5,'4~i.22 Newport News** 49,033 11.80%~ $ 1,000 $ 15,923.98 $ 16,923.98 Norfolk 62,248 14.97%1 $ 1,000 $ 20,215.69 $ 21,215.69 Poquoson**' 3,909 0.94% $ 1,000 $ 1,269.;49 $ 2,269.49 Portsmouth 30,958 7.45% $ 1,000 $ 10,053.93 $ 11,053.93 S.outham. ptc~r~' 830 0~20% $ 1,000 $ 269.55 $ 1,2'69.55 Suffolk 14,655 3.53% $ 1,000 $ 4,759.36'$ 5,759.36 V. irginiaBeach 119,414 28.73% $ 1,000 $ 38,780.95 $ 39,780.95 .W.~lliamsburg 3,143 0.76% $ 1,000 $ 1,020.72 $ 2,020.72 ;York Co. unty** 14.,116 3.40% $ 1,000 $ 4,584:32 $ 5,584.32 . i.=I 0o.0oo oI i,, o.o0O.00 Notes: ·Thts table illustrates the use of the recommended formula. It is not intended to imply which locally Is participating in the program or what level of funding a Iocal~j may receive from the program The numbers listed in 'A' were provided by the water ubht~es. '~ The numbers listed tn "A" represent the total number of metered connections and are the result of combining the number of local system accounts w~h Newport News Waterworks accounts. · HAMPTON ROADS PLANNIN(; I)lqlRICI C()MMISSION CHESAPEAKE John t Pazr~ur C dV MRnnqP~ Debh~,~ Rdter f'jn~Jr]c,I Mc'tuber Wdllam E Ward Mayor FRANKLIN RobPrt E HRrrell V~cP MayoI Rowland L Taylor Cdy Managor GLOUCESTER COUNTY Graham C Blake Board Member Wdham t4 WfnHey County AdmHHstfalor HAMPTON LmdR F MCNePley Council MPmber Joseph H Spencer II Mayo~ C, eo,ge E Wallaro Cdy Manaq~r ISLE OF WIGHT COUNTY W Douglas Castor County Admtm~trator Robert C Claud Sr Cha~rmqq JAMES CITY COUNTY Jeck D Edwards Chinaman Sanford B Wanner Coqnty Admm~slralor NEWPORT NEWS Charlcs C Allon Vmco Mayor Jo¢S Frank Mayor Edgar E Maror~v C~tv Manager NORFOLK Mason C Androw~ M D Co'mod ~ernbor Herbert M Coll,n~ Sr Woe Mayor Paul D Fra~m Mayor Datm S Hester Councd Mm~her Jamps B Ohver Jr Cdy Mana?r POQUOSON Chqrles W Burge~s Jr Cdy M~nagPr Gordon C H¢lcpl Jr Mayo~ PORTSMOUTH J Thomas Bonn III Council Member ~onald W Mas~e C4y Manager P Ward R~b~neH Jr Cnuncd Member SOUTHAMPTON COUNTY M~chael W Johnson County Adrmntstlalor Charlolon W Sykes Board Member SUFFOLK Myl¢~ E Standmh Cdy Mana(mr SURRY COUNTY Ernest L Blount Chmrman Tc.~ D Lpw~5 Crunty Admmmtrator VIRGINIA BEACH Lmwood (~ Rranch Itl ( OlJfl~ll [4ember W W Hmr,~on Ir Cr)un,_d Memh¢~ WILLIAMSBURG ROBERf C CLAUD SRCHAIRMAN JACK D EDWARDS VICE CHAIRMAN MYLES E STANDISH TREASURER ARTHUR L COLLINS EXECUTIVE DIRECTOR/SECRETARY Mr James K Spore C~ty Manager C~ty of V~rg~n~a Beach Municipal Center V~rg~n~a Beach, VA 23456 Dear Mr Spore' MAR 3 1 1999 OFFICE OF THE CiTY MANAGER: ~F .VIRGIN)A BEACH ~. 19"%, aECCVSO "~'\Re H20-Help - \T~! Program ,..;~ ,.,.,..,,,,~F Z"'/ March 29, 1999 to Others At its Executive Committee Meebng of March 17, 1999, the Hampton Roads Planning D~stnct Commission endorsed the H20 - Help To Others - Program as a regional program The Commission concurred w~th the recommendabons of the D~rectors of Ubl~ties Committee and urges all Hampton Roads Iocal~bes to jo~n the program for F~scal Year 1999-2000 so that the Fall Fund Raising Campaign ~s truly regional You may recall that the H20 Program ~s designed to provide financial assistance to c~bzens whose water service ~s ~n danger of being terminated because of ~nabH~ty to pay their b~ll In January 1997, the Commission endorsed a PHot Program, be,ng conducted by James City County and the City of Norfolk. At that bme, then Chairman Frank appointed an Advisory Committee, comprised of representabves suggested by each of the member local governments to assist ~n the development of the program The Adwsory Committee worked w~th the HRPDC staff over the past eighteen months to develop Ehg~bd,ty Cntena and an AIIocabon Formula. The HRPDC endorsed the El~g~b~hty Criteria at ~ts July 15, 1998 Quarterly Commission Meebng and the AIIocabon Formula Document at ~ts March 17, 1999 Execubve Committee Meebng Cop~es of these documents are enclosed for your cons~derat,on Based on the Commission's March 17, 1999 acbons, the following acbons are recommended to and requested from each locality. Jo~n the program at th~s point, by July 1999 so that the Fall 1999 Fund Ra~s,ng campaign may ~ncorporate all localities in a regional effort HEADQUARTERS · THE REGIONAL BUILDING 723 WOODLAKE DRIVE CHESAPEAKE VIRGINIA 23320 (757) 420 8300 PENINSULA OFFICE HARBOUR CENTRE 2 EATON S'fREET SUITE 502 HAMPTON VIRGINIA 23669 (757) 728 2067 Mr James K Spore March 29, 1999 Page 2 Recommend an ~nd~wdual to serve on a Regional Advisory Committee to advise and assist program participants and evaluate program administration and implementation on an ongoing basis The D~rectors of Utilities Committee has recommended that the Adwsory Committee members not be Utd~ty Department employees. All localities, whether participating ~n the program or not, are requested to recommend an individual for this role The Commission has d~rected the HRPDC staff to continue facd~tating the Adwsory Committee process and to serve as a point of contact for all localities as the program is established and refined. Please adwse me or John Carlock of the HRPDC staff of your Iocality's actions on Items #1 and 2 The HRPDC staff is available to brief your Governing Body and others on this program ~f you feel that would be useful If you have any questions or need further ~nformat~on, please do not hesitate to call me or John M. Carlock, HRPDC Deputy Executive D~rector, Physical Planning Arthur L. Collins Executive DirectodSecretary JMC'ALC kp cc' D~rector of Utiht~es Enclosures Item IV-K. I O. ORDINANCES/RES OL UTION - 25 - ITEM # 45099 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Jones, City Councd APPROVED: Bank Franchise Tax Refunds - $67,992.36 Voting' 11-0 (By ConsenO Counctl Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Heischober, 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 Council Members Vottng Nay None Counctl Members Absent None June 8, 1999 AN ORDINANCE AUTHORIZING BANK FRANCHISE TAX REFUNDS UPON APPLICATION OF CERTAIN PERSON AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for bank franchise tax refunds, upon certfficatlon of the Comrmssioner of the Revenue, are hereby approved NAME TAX YEAR AMOUNT B B & T 1994 $15,560 22 B B & T 1995 $19,519 89 Bank of Tidewater 1994 $11,879 07 Bank of Tidewater 1995 $18,342 04 Commonwealth Bank 1995 $2,691 14 Total 1994 & 1995 $67,992 36 Certified as _to payment .., Phlhp J ~ellam .... .~r ~ - Comnussloner of the Revenue -'~Leshe ]_,-Lflley City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $67.992 36 were approved by the Council of the City of Virginia Beach on the ~.ighth day of Crunot 1999 Ruth Hodges Srmth City Clerk COMMONWEALTH of V/RQINIA . Department of Taxation March 29, 1999 The Honorable Philip J. Kellam Commissioner of the Revenue City Hall Building 1 2401 Courthouse Drive Virginia Beach, Virginia 23456-9002 Re: Ruling Request: Bank Franchise Tax Dear Mr. Kellam: This will respond to your letter concerning refunds pursuant to amended Bank Franchise Tax (BFT) returns. We have treated your letter as a request for ruling. FACTS In Public Document (P.D.) 96-357 (12/6/96) (copy enclosed) the department ruled that the inclusion of an adjustment for a deferred tax asset in the reserve for loan loss reconciliation on Schedule G of Form 64 is appropriate. In reconciling the loan loss reserve on the Official Report of Condition and Income (the "Book Reserve") and the reserve for loan losses allowed for federal income tax purposes (the "Tax Reserve"), the deferred income tax asset directly attributable to the difference between the Book Reserve and the Tax Reserve is subtracted from the Book Reserve. As a result of this ruling, a number of banks filed amended BFT returns for refunds. Because of the variety of ways in which the loan loss reconciliation was treated on the original and amended returns, questions were raised as to the proper procedures for preparing Schedule G. After resolving these questions, the amended returns were processed, refunds were issued for the state tax, and localities were notified of the refundable portion of the local tax. A number of refund requests where denied because amended returns were not filed within the period of limitations set forth under Code of Virginia § 58.1-1823. You have raised the question as to whether the Commissioners of the Revenue have the authority to issue the local portion of the tax because the banks did not file claims with localities within the three-year period of limitations pursuant to Code of Virginia §§ 58.1-3980 and 58.1-3984. RULING Code of Virginia § 58.1-1202 imposes a state franchise tax on the net capital of banks and trust companies. The state tax rate is statutorily set at 1% of net capital. In The Honorable Philip J. Kellam March 29, 1999 Page 2 addition, the Code of Virginia allows cities, counties, and towns to impose a bank franchise tax at a rate of up to 80% of the state rate. As such, local assessment is based on a state tax. Accordingly, unlike local taxes on tangible personal property, machinery and tools, merchants' capital, or business, professional or occupational licenses which are imposed and administered by local governments, the BFT is administered by the state. VVhile the Code of Virginia requires banks to file annual returns with the local commissioner of the revenue or comparable assessing officer, the statutes covering the BFT are silent as to amended returns. Therefore, because this tax is administered by the department, rules regarding the filing of amended BFT returns demure to the general Virginia statutes concerning amended returns. Pursuant to Code of Virgipia § 58.1-1823 any taxpayer filing a tax return for any tax administered by the state may file an amended return with the department within three years from the due date of the return. As such, a bank only needs to file an amended BFT return with the department and is not required to file an amended return with localities. In this case, amended BFT returns that were filed within the period of limitations were processed and localities were notified by the department of the amount of the local refund due. VVhile I appreciate your questions concerning your authority to issue refunds to banks in your locality, Code of Viroinia §§ 58.1-3980 and 58.1-3984 are not applicable in this case. For purposes of the ~FT, you are authorized to make the refunds to the banks pursuant to Code of Virginia § 58.1-1823. I trust this will answer the questions posed in your letter; however, please contact Mr. David T. Mason at (804) 367-8010 if you have additional questions or if we may be of further assistance. Sincerely, Danny M. Payne Tax Commissioner Enclosure OTP/211710 ~ ii' II ........ - ....... ' ..................... ' .......... ~l .... I II .... August 25. 1998 t¢ COMMONWEALTH of VIRGINI A Department of Taxation Branch Banking & Trust Co. of Virginia 5101 Cleveland Ave. Virginia Beach. VA 23462 Re: Virginia Bank Franchise Taxes Dear Sir: Per your amended returns filed, we have reviewed your refund request based on Schedule G changes to reflect deferred tax asset amounts allowable under Public Document 96-357 date December 6, 1996. Find enclosed the Amended Refund Summary, Revised Form 64, Schedules G and H indicating any adjustments to your refund request. Revised Form 64 for each year reflects the amount of state and local refunds to be processed. Schedule G will reflect any adjustments made to the "valuation reserve for losses on loans." Schedule H reflects the amount of refunds to be sent by each locality. Your refund for the state portion of taxes overpaid, including state interest according to §58.1-15 of the Code of Virginia, is being processed. Your refund should be mailed in approximately two to three weeks. The local portion of tax overpaid will be distributed from each locality. For subsequent years 1996-1998, a further review is in process and adjustments may be forthcoming. This audit program focused specifically on Schedule G adjustments. However, should any additional problem areas be discovered, they will be communicated to you in a letter at the completion of this program. If you have any questions concerning this audit, please feel free to contact me. Please note that the Bank Franchise Tax return for the next filing period should continue to be filed with your local commissioner of revenue. Sincerely, ' Michael Foj'~ Office of Customer Service P. O. Box 27423 Richmond, VA 23261-7423 (804) 367-1236 COMMONW~...AI.'FI-I OF' VIRGINIA DrPAFrTH~NT OF' TAXATION AME:NDP'D RE:FUND SUMMAFTY BANK F'I=bikNC:HISE~ TAX I RE: Bank Franchise Tax Amended Returns 06-Jul-98 BB&T PO BOX t290 WINSTON-SALEM NC 27102.1290 Total Refund Total State Refund Total Local Refund ($11,145.13) ($3s,oso.'~'~) ($4e,225.24) i i , TAX STATE TAX STATE INTEREST LOCAL TAX TOTAL YEAR REFUND REFUND REFI. g~ REFUND 1992 ~d3.00 S0.00 $0.00 $0.00 1993 $0.00 $0.00 S0.00 $0.00 i i 1~t~ ($$,8~0.05) ($1 ,~.1.48) ($1 $,~0.~) (~0,671 76) 199S ($4,879.97) ($1,153.e2) ($19,Sl 9.8g) (S25,553 48) i i , i i i i i ~ $0.00 $0.00 ~.ffi $0.00 1997 S0 00 S0.00 $0 00 S0.00 1998 SO O0 SO.O0 $0.00 :~3.00 - Subtotals ($8,770.03) (S2,3,75 10) ($35,080.111 ($46.225.24) Amounts represent refunds from amended returns filed for the speaflc periods indicated above. Further exam~natJon of Schedule G and loan loss reserves could result in changes to periods 1995.1998 VIRGINIA DEPARTMENT OF TAXATION P. O. BOX 5771 RICHMOND, VIRGINIA 23220-0771 RE: Bank Franchise Tax Amended Returns BANK OF TIDEWATER PO BOX 3368 VIRGINIA BEACH VA 23454 06-Ju1-98 Total Refund Total State Refund Total Local Refund ($9,$71.80) ($30,221.11) ($39,792.91) TAX STATE TAX STATE INTEREST LOCAL TAX TOTAL YEAR REFUND REFUND REFUND REFUND 1992 $0 OO $0 OO $0 (30 $O.OO 1993 $43OO 5000 $OOO ~)00 1994 ($2,969 77) ($932 51 ) ($11,879 07) (Sl 5.781 35) i ii i i i i 1995 ($4,585 51) ($1,084 01) ($18,342 041 ($24,011 56) 1997 $0 O0 S0 O0 $0 O0 $0 O0 1998 $0 O0 $0 O0 $0 O0 $0 O0 Subtotals ($7,555 28) ($2,016 52) ($30,221 11 ) ($39,7,92 91 ) Amounts represent refunds from amended returns filed for the spe<ufic penocls ind~cated above Further examination of Schedule G and loan loss reserves could result in c~anges to penocll 1995.1998 VIRGINIA DEPARTMENT OF TAXATION P O BOX5771 RICHMOND, VIRGINIA 23220-0771 - COMMONWEALTH OF VIRGINIA DEPARTH£NT OF TAXATION AUDIT REPORT SUMMARY BANK FRANCHISE TAX RE: Bank Franchise Tax Audited Returns BANK OF THE COMMONWEALTH PO BOX 1177 NORFOLK VA 23501-1177 08-Sep-98 BK131A Total Due (Refund) Total State Due (Refund) Total Local Due (Refund) ($831.83) ($2,691.14) ($3,S22.97) TAX STATE TAX STATE INTEREST LOCAL TAX TOTAL YEAR DUE (REFUND) DUE (REFUND) DUE (REFUND) DUE (REFUND) 1993 $0 O0 19'94 $0 O0 1995 ($672 78) ($159 05) ($2.691 14) ($3.522 97) 1996 $43O0 SO00 $000 $6OO 1997 S0 O0 $0 O0 $0 (30 $0 O0 , 1998 $0 O0 $0 O0 $0 O0 $0 O0 iii Subtotals ($672 78) ($159 05) ($2,691 14) ($3 522 97) Amounts represent results from audit rev,ew of Schedule G of Bank Franch,se return for above years VIRGINIA DEPARTMENT OF TAXATION P O BOX 5771 RICHMOND, VIRGINIA 23220-0771 PD 96-357 COMMONWEALTH of VIRGINIA Department of Taxation December 6, 1996 Re: Ruling Request: Bank Franchise Taxes Dear This will reply to your letter in which you request a ruling on behalf of (the "Taxpayer") as to the proper treatment of deferred income taxes in computing the reserve for loan losses (the "reserve") on the Bank Franchise Tax return ("Form 64"). I apologize for the delayed response. FACTS Form 64 contains a Reserve for Loan Losses schedule ('Schedule G") for the purpose of reconciling a bank's reserve as reported on the reports of condition and income ("report of condition"), as required by the Federal Deposit Insurance Corporation, with the reserve for income tax purposes under Internal Revenue Code ("IRC") § 585. Schedule G includes an adjustment for deferred income tax included in liabilities. The Taxpayer requests a ruling on the treatment of such a deferred income tax asset on Form 64 RULINC~ The computation of the Virginia bank franchise tax starts with gross book capital as reported on the report of condition. Under Code of Virg~ma § 58.1-1205, the December 6, 1996 Page 2 PD 96-357 computation of net capital includes a deduction from gross capital for "any reserve for loan losses which is allowable by the Internal Revenue Service in computing federal taxable income." Beginning in 1978, the department recognized banks may report their reserv~ divided among as many as three different accounts on the report of condition, including deferred income taxes and capital accounts (either "undivided profits" or 'reserve for contingencies"). In addition, the department determined that adjusting the reserve to agree with the IRC without considering amounts of the reserves reported in capital accounts and deferred income taxes created tax benefits for the banks in the form of excess reserve deductions. In the case of deferred income tax, the benefit is created by the deferred income tax liability's reduction of retained surplus on the report of condition, which is included in the calculation of gross capital, and the deduction of the reserve allowed under the IRC. By allowing a deduction from gross capital for the amount of the reserve allowed for federal income tax purposes, the Code of Virginia is in essence saying that for the purposes of loan losses, the bank franchise tax is computed on net capital per the federal income tax return. The following example will illustrate this point. Assume a bank has income statements and balance sheets as follows: INCOME STATEMENT Income before loan loss expense: Loan loss expense: Income before tax: Income tax (50%): Net Income: Book Federal Tax $100.00 $100.00 $50.00 $70.00 $50.00 $30.00 $25.00 $15.00 $25.00 $15.00 December 6, 1996 Page 3 PD 96-357 BALANCE SHEET PER BOOKS A~sets Loans receivable: Reserve for loan loss: Other Assets: $100.00 ($50.00) $200.00 $250.00 Total: Liabilities: Deferred income tax liability: Stock: Surplus: Total: Liabilities & $165.00 $10.00 $50.00 $25.00 $250.00 BALANCE SHEET PER FEDERAL Assets Liabilities & Loans receivable: $100.00 Liabilities: $165.00 Reserve for loan ($70.00) Deferred income tax $0.00 loss: liability: Other Assets: $200.00 Stock: $50.00 Total: $230.00 Surplus: $15.00 Total: $230.00 In this simple scenario, gross capital per books is $75.00 (Stock plus Surplus). If the department simply allowed a deduction from gross capital for the difference between federal and book reserve, the result is net capital of $55.00. Thus, the bank gets the benefit of the higher federal reserve and higher book income tax to reduce its net capital. On the other hand, the federal reserve is already used to determine federal gross capital. The federal net capital would be $65.00 since no income tax would be deferred. This difference is equal to the amount of deferred income tax liability attributable to the difference between book and federal reserve. December 6, 1996 Page 4 PD 96-357 In response, Schedule G was created to reconcile book reserve to the reserve allowed under IRC § 585. The department included an adjustment to Schedule G to reduce the amount of the reserve adjustment by the deferred income tax liability. It is clear that the department intended that the adjustment on Schedule G be limited to deferred tax directly attributed to differences between book reserve and the federal- reserve allowance. By contrast, a deferred asset for income tax would have the exact opposite effect as the deferred income tax liability. Accordingly, the state and localities receive a tax benefit from a deferred income tax asset. It is determined, therefore, that an adjustment for a deferred tax asset directly attributable to differences between book reserve and the federal reserve allowance is proper in order to reconcile these items. In reconciling these items, a deferred income tax asset will be subtracted from the book reserve. The bank should attach a schedule showing how the asset or liability was computed on its Form 64 to document the amount and character of the deferred income tax used to adjust the reserve on Schedule G. call If you have any additional questions regarding this ruling, please don't hesitate to in the Office of Tax Policy at Sincerely, Danny M. Payne Tax Commissioner OTP/'76870 Item IV-K. 11. ORDINANCES/RES OL UTION - 26- ITEM # 45100 Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Council APPROVED: License Refunds $14,945.17 Voting 11-0 (By Consent) Council Members Vottng Aye: Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold 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 Counctl Members Voting Nay. None Counctl Members Absent' None June 8, 1999 ~OR~ NO C A 8 AEV 3~8~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcabons for hcense refunds, upon certification of the Comm~ss,oner of the Revenue are hereby approved. NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ABACUS COMMUNICATIONS PARTNERS 05/14/99 ALPHA MUSIC INC 05/10/99 AQUA LEISURE POOLS SPAS PATIOS INC 05/10/99 BANES ROBERT T. SR. 05/14/99 BIGGS SHIRLEY ATKINSON 1999 BIN(3 MICHAEL & BING RENEE 1999 BLACK TIE OF VIRGINIA INC 1999 BOWEN EVELYN 1999 BREEZ IN ASSOCIATES 05/11/99 CAPITAL MORTGAGE CORP 1999 CONTI BARBARA A. & EUGENE C 1999 CRITTENDEN ADJUSTMENT CO 05/17/99 DUPRES INC 1999 EAST COAST PROPERTY MANAGEMENT INC 1999 FORTUNE DAPHNE R & VINCENT B 1999 GATEWAY MARKETING INC 1999 GIBSON TONY M 1999 HAWKINS FRANCES 1999 JKL AUTOMOTIVE INC 1999 LAROU JANI CLEAINING SERVICE INC 1999 LAVENSTEIN GROUP INC 1999 LILYS FASHIONS INC 1999 PRICE VELINDA & LARRY 1999 ROGAIL INC 103 1999 SLOAN EVA F LCSW 1999 LLOYD T. TARBUTTON, GENERAL PARTNER 05/14/99 TOTALLY ALIVE INC 1999 AUDIT 8,500 63 885 26 9,385 89 AUDIT 3 40 0 37 3 77 AUDIT 2 22 0 46 2 68 AUDIT 1 76 0 33 2 09 05/21/99 2 09 0 00 2 09 05/17/99 4 00 0 00 4 00 05/14/99 4 11 0 00 4 11 05/12/99 5 73 0 00 5 73 AUDIT 3,010 25 325 98 3,336 23 05/17/99 4 00 0 00 4 00 05/05/99 177 29 0 00 177 29 AUDIT 49 99 5 41 55 40 05/06/99 34 38 0 00 34 38 05/21/99 39 00 0 00 39 00 05/21/99 51 17 0 00 51 17 05/17/99 297 57 0 00 297 57 05/21/99 14 00 0 00 14 00 05/15/99 10 00 0 00 10 00 05/17/99 215 60 0 00 215 60 05/19/99 4 00 0 00 4 00 05/11/99 399 80 0 00 399 80 05/24/99 91 91 0 00 91 91 05/18/99 9 25 0 00 9 25 05/03/99 165 00 0 00 165 00 05/17/99 29 17 0 00 29 17 AUDIT 142 58 29 02 171 60 05/03/99 10 00 0 00 10 00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $14,525.73 City of V~rginia Beach on the 8th Certified,, asrl~ p~~'j Philip/J~,~ell~'" Commissioner of the Revenue C~ty Attorney were approved by the Council of the day of June ,19 99 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcabons for license refunds, upon certification of the CommissIoner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID VAKOS GEORGE W JR 05/12/99 VANN VIRGINIA CENTER FOR ORTHOPEADICS 1999 WHRO STORE OF KNOWLEDGE 05/12/99 WOODWARD CHARLES W 1999 WORLD RECYCLING OFFICE SYSTEMS 1999 AUDIT 10 00 2 00 12 00 05/13/99 13 43 0 00 13 43 AUDIT 349 06 0 00 349 06 05/14/99 10 00 0 00 10 00 05/14/99 34 95 0 00 34 95 Th~s ordinance shall be effecbve from date of adoption. The above abatement(s) totaling C~ty of V~rgima Beach on the $41 9.44 Eighth Ce rt~!/~~ a p Philil~"J Ke'11'~"~ "'-' Commissioner of the Revenue L'6'~lie~illey C~ty Attorney were approved by the Council of the day of June ,19 99 Ruth Hodges Smith C,~ Clerk Item IV-L. -27- PUBLIC HEARING ITEM # 45101 PLANNING Mayor Meyera E Oberndorf DECLARED a PUBLIC HEARING on PLANNING 1. SHAHRAM AHMADI CONDITIONAL USE PERMIT 2. HERMAN, INC. CONDITIONAL USE PERMIT 3. LONDONBRIDGE BAPTIST CHURCH CONDITIONAL USE PERMIT 4. DIGNITY FUNERAL SER VICES, INC. dba AL TMEYER FUNERAL HOMES CONDITIONAL USE PERMIT 5. VIRGINIA BEA CH SCHOOL BOARD CONDITIONAL USE PERMIT 6. ROBERT STEINHILBER VARIANCE CONDITIONAL USE PERMIT 7. HOME DEPOT, U.S.A. CHANGE OF ZONING 8. CITY ZONING ORDINANCE AMEND and REORDAIN Section 104 re violations and penalties. June 8, 1999 Item IV-L - 28 - PUBLIC HEARING ITEM # 45102 PLANNING Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Counctl APPROVED tn one motton Items 1, 2, 3 (AS AMENDED), 4, 5, 7 (DEFERRED 6/22/99) and 8 of the PLANNING BY CONSENT Item 3 was APPROVED, BY CONSENT, AS AMENDED Item 7 was DEFERRED, BY CONSENT. Voting: 11-0 Council Members Voting Aye: Linwood 0 Branch, III, Margaret L. Eure, Wilham W Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndo~ Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and A M "Don" Weeks Council Members Vottng Nay None Council Members Absent None Councilman Hetschober ABSTAINED on Item 1 (Shahram AhmadO as he owns property 250feet east of the apphcatton June 8, 1999 - 29 - Item IV-L 1 PUBLIC HEARING ITEM # 45103 PLANNING Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Councd ADOPTED the Ordtnance upon application of SHAHRAM AHMADI for a Conditional Use Permtt ORDINANCE UPON APPLICATION OF SHAHRAM AHMADI FOR A CONDITIONAL USE PERMIT FOR CAR SALES AND SERVICE R06992277 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Shahram Ahmadi for a Condtttonal Use Permit for car sales and service on the South side of Laskin Road, east of Maxey Drtve (1925 Las]an Road), contatmng 1 0331 acres BEACH - DISTRICT 6 The following conditions shall be requtred The subject stte will be developed tn substanttal accordance wtth the site plan entitled "Prehmtnary Stte and Landscape Plan of MBH Car Sales and Servtce, 1925 Las]an Road, Vtrgtnta Beach, Vtrgtnta," prepared by Land Destgn and Development, Inc , dated 28 April 1999 , The subject stte wtll be developed tn substantial accordance wtth the submttted buildtng elevattons entttled" MBH Car Sales and Servtce, 1925 Las]an Road, Vtrgtnia Beach, Virginta, "prepared by Porterfield Design Center 3 No outdoor loudspeaker/paging system shall be permttted 4 All auto repatr workshall takeplace inside of the bmldtng. There shall be no outside storage of wrecked or inoperable vehtcles. 5 All lighttng shall be chrected toward the intertor of the site This Ordinance shall be effective in accordance wtth Section 107 (J) of the Zoning Ordtnance. Adopted by the Council of the Ctty of Vtrgtma Beach, Vtrginta, on the Etghth of June, Ntneteen Hundred and Ntne~-Ntne Voting: 10-0 (By ConsenO Councd Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, Willtam IV. Harrtson, Jr., Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wtlltam D. Sessoms, Jr. and A M "Don" Weeks Councd Members Voting Nay' None Counctl Members Abstatmng: HaroM Heischober Counctl Members Absent: None Councdman Hetschober ABSTAINED on Item 1 (Shahram AhmadO as he owns property 250feet east of the applicatton June 8, 1999 - 30- Item IV-L 2 PUBLIC HEARING PLANNING ITEM # 45104 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Counctl ADOPTED an Ordinance upon application of HERMAN, INC for a Conchtlonal Use Permit' ORDINANCE UPON APPLICATION OF HERMAN, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FA CILITY OF AN OUTDOOR NATURE R069922 78 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Herman, Inc for a Con&tional Use Permit for a recreational facihty of an outdoor nature on certain property located on the west side of Atlantlc Avenue, south of 3rd Street Said parcel is located at 108 Atlantic Avenue and contains 1 604 acres. DISTRICT 6 - BEACH The following conchttons shall be required . 6. Hours of operation for the outdoor recreation facility shall be limited to 8 AM - Midnight. No outdoor public address system shall be used after 10 PM The proposed outdoor recreation facdity shall be developed and operated tn substantial conformance with the site plan entitled "Prehminary Plan of 'Sky Launch,' "prepared by Miller Stephenson and Associates, P.C, dated 31 March 1992, revised 15 December 1994 The proposed outdoor recreation facility shall be secured at all points of ingress and egress by a metal chain or gate except during hours of operations. The outdoor recreation facility site and adjoining commercial parking lot shall be maintained in a clean and orderly condition at all times All trash receptacles shall be emptied and the contents thereof properly chsposed of at the close of operation daily and at such other times as receptacles become full The conchtional use permit is valid for a period of one (1) year Administrative re-approval may be permitted if no complaints or violations have been noted All necessary permits and inspections must be obtained by the applicant prior to the facility being opened to the public This recreational use will cease upon the City's exercise of its option. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of June, Nineteen Hundred and Nine~-Nine June 8, 1999 - 31 - Item IV-L. 2. PUBLIC HEARING ITEM # 45104 (Continued) PLANNING Voting. 11-0 (By Consent) Council Members Voting Aye: Ltnwood O. Branch, III, Margaret L Eure, William W. Harrtson, Jr., Harold Hetschober, Barbara M. Henley, Louis 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 Voting Nay: None Council Members Absent' None June 8, 1999 - 32 - Item IV-L $. PUBLIC HEARING PLANNING ITEM # 45105 Upon motion by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Councd ADOPTED an Ordinance upon apphcation of LONDON BRIDGE BAPTIST CHURCH for a Conchttonal Use Permtt ORDINANCE UPON APPLICATION OF LONDON BRIDGE BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R 069922 79 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of London Brtdge Baptist Church for a Conditional Use Permit for a church addition on the north stde of Potters Road, west of London Bridge Road. Said parcel ts located at 2460 Potters Road and contatns 24 435 acres BEACH- DISTRICT 6 The following conditions shall be required . The expansion and landscaptng shall be tn substanttal accordance with the submttted site plan entttled "Conchttonal Use Permtt Plan, Addition to London Bridge Baptist Church Located at Potters Road, "prepared by Langley and McDonald, P. C on 27 April 1999 The expansion shall also be substanttal in keeptng wtth the colored rendertng entitled "London Bridge Bapttst Church, Proposed Elevatton," prepared by Cosco and Assoctates, Inc The brick wdl match the existing church to the greatest extent possible A rtght-turn lane ts requtred into the Eastern entrance and the existtng entrance tmmediately to the West shall be ehminated. Both are shown on the submitted stte plan. The proposed steeple wdl require a hetght variance from the Board of Zomng Appeals. NOTE: Condition No. 5, as contained in the agenda, was deleted and replaced with the following: o . The new sanctuary will be used prtmanly on Sundays, a low fly day for NAS Oceana The applicant volunteers that the new sanctuary wdl not be used on other days of the week for any event or service wtth more than 700 attendees more than stx ttmes per year If any stormwater management pond is requtred, tt shall be attracttvely landscaped, as approved by the Planntng Dtrector. Thts Ordinance shall be effecttve tn accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Councd of the City of Vtrginia Beach, Virgtma, on the Etghth Of June, Nineteen Hundred and Ntne~-Nine June 8, 1999 - 33 - Item IV-L 3 PUBLIC HEARING ITEM # 45105 (Continued) PLANNING Voting 11-0 (By Consent) Council Members Voting Aye: Ltnwood O. Branch, IIL Margaret L. Eure, Wdham W. Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A. M "Don" Weeks Council Members Voting Nay None Councd Members Absent None June 8, 1999 - 34- Item IV-L. 4. PUBLIC HEARING PLANNING ITEM # 45106 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Jones, City Counctl ADOPTED an Or&nance upon Apphcatton of DIGNITY FUNERAL SER VICES, INC./dba AL TMEYER FUNERAL HOMES for a Conchttonal Use Permit: ORDINANCE UPON APPLICATION OF DIGNITY FUNERAL SERVICES, INC.~dba AL TMEYER FUNERAL HOMES FOR A CONDITIONAL USE PERMIT FOR A CREMATORY ADDITION R06992280 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dtgntty Funeral Servtces, Inc.~dba Altmeyer Funeral Homes for a Conchttonal Use Permtt a crematory addition on the north side of Greenwtch Road, east of Newtown Road Satdparcel ts located at 5792 Greenwtch Road and contains 1.12 acres KEMPSVILLE - DISTRICT2 The followtng condittons shall be requtred The building addition shall be constructed as shown on the submttted site plan and elevattons, entitled "Prehminary Stte Layout Plan and Building Elevattons," dated 17 February 1999, whtch has been exhtbtted to City Council and ts on file wtth the Planning Department 2. The enttre stte shall be upgraded, as required by or&nance, to meet current landscaping requtrements. This Ordinance shall be effective tn accordance wtth Section 107 (J) of the Zomng Or&nance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Etghth of June, Nineteen Hundred and Nine_fy-Nine Voting: 11-0 (By Consent) Council Members Voting Aye. Ltnwood O. Branch, III, Margaret L Eure, William W Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Vottng Nay None Counctl Members Absent' None June 8, 1999 - 35- Item IV-L. 5 PUBLIC HEARING ITEM # 4510 7 PLANNING Upon motton by Vtce Mayor Sessoms, seconded by CouncdmanJones, Ctty CouncdADOPTED an Or&nance upon Apphcatton of VIRGINIA BEACH SCHOOL BOARD for a Conchttonal Use Permtt: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH SCHOOL BOARD FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R06992281 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Vtrgtnta Beach School Board for a Conditional Use Permtt for a communtcatton tower on certatn property located on the East rode of Mill Dam Road, South of lndtan Run Drive Said parcel ts located at 1272 Mill Dam Road and contatns 27 59 acres. L YNNHA VEN - DISTRICT 5 The following conditions shall be required' The proposed tower and support buil&ng must be developed tn substanttal accordance with the site plan entitled "Prehmtnary Stte Locatton Plan for First Colomal High School, "prepared by Lewis White and Assoctates, dated March 1999 A copy of the plan was presented to the Ctty Council and ts on file tn the Planning Department The referenced plan must be revtsed to depict landscaptng required below and also to tllustrate how the tower wtll look wtth antenna arrays and equtpment for a mtntmum of two wireless providers All butldtngs constructed must be painted to match extsttng support butldtngs on the site Theproposed tower/hght-pole shall not exceed 125feet tn overall height and must be a spun-concrete pole which meets or exceeds structural criteria outhned in the Ctty Zoning Ordtnance Antennas on the tower must be flush-mounted at or near the elevation shown on the submttted plan Prior to construction, the successful bidder must provtde city staff with a letter from a licensed structural engineer stattng that the tower, with the planned flushomounted antenna arrays, as well as the hghting at fixtures required for track and field events at First Colomal High School meets or exceeds all structural standards established by the Electronics Industry Associatton and the local butldtng code The successful bidder must also provide a letter from a hcensed ra&o frequency engtneer nottng that the cumulattve non-iontztng electromagnettc radtatton emttted from the tower, including antenna arrays placed on the tower, does not exceed at ground level or at any potnt wtthtn the bleacher area of the extsttng sports facthty, the lowest apphcable standards established by the federal government or the Amertcan Nattonal Standards Instttute. The successful bidder must tnstall a 15-foot wtde landscape planting bed along the Eastern property hne of the subject stte. The reqmred planttng bed shall be planted wtth Wax Myrtle shrubs planted 5feet to 68feet tn hetght on 6-foot tntervals The planttngs are to extend a mtntmum of 4OO feet along the Eastern property hne, begtnntng from a potnt 250 feet South of the Northeast corner of the site 5 In the event theproposed tower is not used for aperiod of two (2) years, the tower is to be removed from the stte. June 8, 1999 - 36- Item IV-L 5. PUBLIC HEARING ITEM # 45107 (Continued) PLANNING Thts Ordinance shall be effective tn accordance with Section 107 (j) of the Zontng Or&nance Adopted by the Council of the City of Virgtma Beach, Vtrgtnta, on the Etghth of June, Ntneteen Hundred and Nme _ty-Ntne Vottng 11-0 (By ConsenO Council Members Vottng Aye: Ltnwood O. Branch, III, 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, Vice Mayor Wtlham D Sessoms, Jr. and A M "Don" Weeks Counctl Members Voting Nay None Counctl Members Absent: None June 8, 1999 -37- Item IV-L. 6. PUBLIC HEARING ITEM # 45108 PLANNING The following spoke tn SUPPORT: Attorney Edward Bourdon, Phone: 499-8971, represented the applicant Jesse B. Mason, 3356 Head of Rtver Road, Phone 421-2 789, life long resident Mtchael Shtrley, 2968 Inchan Creek Road, Phone 421-9529, represented the Shirley Family The following spoke in OPPOSITION: Dr. Steve Vinson, 2965 Lynnhaven Drive, Phone: 496-9065, represented SA VE Fred Adams, 1548 Edgewater Drive, Phone 467-2775 Bob Jasinowskt, 5840 Blackwater Road, Phone: 421-7853 Sue Carlyle, 1425 Alanton Drive, Phone. 481-2538 Art Roehhng, 5561 Blackwater Road, Phone 421-4411 Upon motion by Counctl Lady Henley, seconded by Vtce Mayor Sessoms, Ctty Council DEFERRED TO THE 10A UGUST1999 CITY COUNCIL SESSION: Ordinances upon application of ROBERTSTEINHILBER for a Vartance to Section 4.1(m)(1) of the Subdivision Ordmance whtch requtres a minimum 30-foot pavement width for the proposed cul-de-sac and Conchttonal Use Permtt for an alternative residential development. Appeal to Dectstons of Admimstrattve Officers tn regard to certatn elements of the Subdivision Ordtnance, Subdivtston for Robert Steinhtlber. Property ts located on the east stde of Blackwater Road north of the mtersectton wtth Indian Creek Road Parcel ts located at 5924 Blackwater Road PRINCESS ANNE - DISTRICT 7 AND, ORDINANCE UPON APPLICA TION OF R OBER T STEINHILBER FOR A CONDITIONAL USE PERMIT Ordtnance upon apphcatton of Robert Stetnhilber for a Conditional Use Permit for an alternattve restdenttal development on the east stde of Blackwater Road, north of the tntersectton wtth Indian Creek Road Said parcel is located at 5924 Blackwater Road and contatns 82 202 acres more or less. PRINCESS ANNE-DISTRICT 7 This DEFERRAL will allow Councd Lady Henley to work wtth the apphcant to develop a better design Relative Rural Residential Guidehnes, the Agricultural Advtsory Commission can asstst tn developtng and recommending a ranking system similar to that developed for the Agrtcultural Reserve Program, which assigned points and ident{fies the criterta tn a fashton that ts objective rather than subjecttve This shall be done wtth pubhc partictpation. Thts would determtne there ts no agricultural impact A WORKSHOP shall be scheduled relative the Southern Rural Plan, Sectton 405 of the Comprehensive Zontng Ordtnance, restdual land whtch ts not farmed, and the Agrtcultural Reserve Program Informatton will be developed relattve residents tn thetr semor years who cannot wait until the duration of the ARP program to receive payment Programs tn other areas have been successful tn selhng the paper, whtch ts sellable and also assignable Afier one year, thepaper can be sold Development of a secondary market shall be discussed If the people who are tnterested know afier a year they have a viable secondary market, they might be applying for the ARP and not the Condttional Use Permit June 8, 1999 - 38- Item IV-J 6 PUBLIC HEARING ITEM # 45108 (Continued) PLANNING Voting: 9-2 Council Members Vottng Aye Ltnwood 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 and Vtce Mayor Wdham D Sessoms, Jr Council Members Vottng Nay Reba S McClanan and A M. "Don" Weeks Council Members Absent None June 8, 1999 - 39- Item IV-L 7. PUBLIC HEARING PLANNING ITEM ii 45109 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, Ctty DEFERRED TO THE 22 JUNE 1999 CITY COUNCIL SESSION, Ordinance upon apphcat~on of HOME DEPOT, U.S.A. for a Change of Zoning D~str~ct Classtficat~on' ORDINANCE UPON APPLICATIONOFHOMEDEPOT U.S.A. FOR A CHANGE OF ZONING FROM R-SD TO B-2 Ordinance upon apphcatton of Home Depot U.S.A. from R-SD Restdenttal Duplex Dtstrtct to B-2 Communtty Bustness District at the Southeast corner of Princess Anne Road and Lynnhaven Parkway, contatmng approximately 19 acres (CENTER VILLE- DISTRICT 1). Voting' 11-0 (By Consent) Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wilham ~ 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 Council Members Vottng Nay' None Council Members Absent: None June 8, 1999 - 40- Item IV-L 8 PUBLIC HEARING ITEM # 45110 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Counctl ADOPTED: Ordtnance to AMEND and REORDAIN Sectton 104 of the Ct~ Zontng Ordtnance (CZO) re violations and penalties. Voting. 11-0 (By Consent) Council Members Vottng Aye: Ltnwood O. 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, Vice Mayor Wdham D. Sessoms, Jr and A M "Don" Weeks Council Members Vottng Nay. None Council Members Absent None June 8, 1999 AN ORDINANCE TO AMEND AND REORDAIN SECTION 104 THE CITY ZONING ORDINANCE PERTAINING TO VIOLATIONS AND PENALTIES SECTION AMENDED: § 104 - City Zoning Ordinance BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 104 of the City Zoning Ordinance is hereby 8 amended and reordained to read as follows: 9 Sec. 104. Violations and penalties. 10 Except as set forth in Section 217 of this ordinance, any 11 person who violates any of the provisions of this ordinance shall, 12 upon conviction thereof, be guilty of a misdemeanor punishable by 13 a fine of not less than ten dollars ($10.00) nor more than one 14 thousand dollars ($1,000.00). If the violation is uncorrected at 15 the time of the conviction, the court shall order the violator to 16 abate or remedy the violation in compliance with this ordinance, 17 within a time period established by the court. Failure to remove 18 or abate a violation within the specified time permod shall 19 constitute a separate misdemeanor offense punishable by a fine of 20 not less than ten dollars ($10.00) nor more than one thousand 21 dollars ($1,000.00) and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor 23 offense for each thirty ten-day period punishable by a fine of not 24 less than ~ f~ ~ ($100 00) nor more than .... one hundred dollars ~ ..... , . 25 one thousand five hundred dollars f~ ~ ~ ($1 500 00) \ ¥-~" , ~'~ ' "" "'" / , I · ' 26 27 28 Adopted by the City Council of the Czty of Virginia Beach, Virginia, on this June 8th day of June, 1999. 29 3O 31 32 CA-7295 DATA/OD IN/PROPOSED / 45 - 0104. ORD RI PREPARED: March 23,1999 - 41 - Item IV-M 1 APPOINTMENTS ITEM # 45111 B Y CONSENSUS, Ctty Council RESCHEDULED the following APPOINTMENT: HEAL TH SER VICES AD VISOR Y BOARD June 8, 1999 - 42 - Item IV-O 1 NE W BUSINESS ITEM # 45112 BY CONSENSUS, C~ty Councd ACCEPTED, FOR RECORDATION: ABSTRA CT OF CIVIL CASES RESOLVED - MA Y 1999 June 8, 1999 Item I~-0.2. - 43 - STAFF PRESENTATION ITEM # 45113 OPEN SPA CE Sara Hensley , Acttng Director - Parks and Recreation, advised on January 5, 1999, an OPEN SPACE ADVISORY COMMITTEE REPORTwas presented to Ctty Council The report, &vtded into two secttons, focused on open space matters, espectally as they affect the northern urbantzed area of the Ctty, and the relationship of pohctes affecting the eastern portion of the Transition Area (between West Neck Creek and the vtctnity of New Brtdge Road) and the Agriculture Reserve Program (ARP) The report was wrttten tn response to questtons ratsed about land values in the Transition Area near the Green Line and what amount should represent maximum reasonable value of ARP easements. After the presentatton, Ctty staff was requested to have the report reviewed by the Planning Commtsston, Parks and Recreatton Commtssion, Agrtcultural Advisory Commission and associated City agencies (Planning, Houstng/Neighborhood Preservation, Parks and Recreatton and Agriculture) The Parks and Recreatton Department ts dechcated tn provt&ng the personnel resources to support a comprehenstve open space program The policy report ts &vtded into two secttons Open Space Program and Transttion Area/ARP Barry Frankenfteld, Planner - Parks and Recreation, advtsed the key issues relattve Open Space: (1) Establishing a permanent open space owner; (2) Increase inspectors, (3) Increase data tnformatton on open space (4) Increase pubhc parttcipatton; and, (5) Identify long term fundmg source The estabhshment of a permanent Open Space Advisory Committee is the only issue the staff is not provi&ng a complete recommendatton. Relative the estabhshment ofa permanent Open Space Advisory Committee, the Parks and Recreation chd not feel they could assign a full ttme member to thts Committee. The Planmng Commtsston wished the meetings to be on an "as needed" basts. The Open Space Advisory Committee was to consist of tndivtduals from existing Commisstons' Two members from City Council Two members from the Planning Commission One member from the Economic Development Authority One member from the Parks and Recreation Commission As the staff did not receive any strong commttment from this group, the staff recommends the approach of working clostng with the Planning Commission and the Parks and Recreation Commtsston, rather than estabhshtng a permanent Open Space Advisory Committee. The staff recommends Parks and Recreatton be the Owner. Relative the destgnatton of new staff, extsttng staff has been realiocated to identt, fy a position for Planner H in the department who possesses a destgn background. Therefore, a staff person could be identified without tncreastng any FTE's As tnspectors have been tncreased and cross-tratned through the Budget process, there should be a higher level of tnspectton throughout the City for some of the tssues of concern relative Open Space and aesthettcs .All of the issues relative data, public parttcipatton, tools should be included tn the update 2000 Outdoor Plan. There is a new Parks and Recreation Capital Project- Open Space Acquisition Program, whtch was approved tn the FY 1999-2000 CIP. The project ts CIP 4-004 and the fun&ng approved ts $500,000 for the first year. The project ts to provtde fundtngfor the acquisition of open space tn the northern part of the City. The strategy and criteria for acqutsttton of open space ts referenced tn the open Space Advisory Committee Report which clearly tdenttfies prtorities for acquisition of open space tn the northern part of the City prtmardy tn older neighborhoods and in spectfic areas such as the Bayside and the Holland Planntng Areas which need addttional open space Councdman Jones advised, tn terms of buying land in the northern part of the Ctty, $500,000 is not a large amount of money Relative buytng open space, the larger the parcel you buy, the less you are going to pay per acre. There wtH be an opportuntty to buy more land at a lesser price per acre tf larger parcels of land are purchased. There are larger parcels avadable which he has chscussed wtth the Mayor and Councd Lady in the past Mr Frankenfield advtsed parcels have not been identtfied They have estabhshed some crttena. The last parcels purchased have been tn the acre size and cost over $100,000 an acre. $40,000 to $240,000 an acre has been pard for land tn this part of the Ctty Mr. Frankenfield advised there are certatn land trusts whtch offer grants with a match. There ts also a tremendous opportumtyfor multt-purpose uses that would combtne stormwater facthties and preserve land development easements June 8, 1999 Item IV-O. 2. - 44 - STAFF PRESENTATION ITEM # 45113 (Continued) OPEN SPA CE Council Lady Parker referenced the. 7 cent tax, equattng to approxtmately $1.2-MILLION per year for acquisttton of park land space. The change tn pohcy should be reexamtned Mr. FrankenfieM advtsed a portton of this does go to acquisttton, but over the years Ctty Counctl and staff have redirected a portion of those funds for development, replacement of equipment and athlettc hghts and repatr of tennis courts Therefore, approxtmately SI-MILLION has been uttlized for repatr. A detailed analysts of the expendttures over the last ten years wtll be provtded i e a portton of Lake Ridge in the amount of $300,000 came from thts fund Counctl Lady Henley advised the Open Space Advisory Committee has been &ssolved since the end of January, thirty days after completion and presentation of their report. Therefore, there ts no commtttee to comment on these recommendattons It is tmportant to have an advocacy group for open space to keep ttems from 'falhng off the table". Staff presently has many duttes. To elevate open space to one of the htgher prtortttes was the tntent of the Commtttee Many ctttzens retterate the importance of retatntng open space tn their communittes. Council Lady Henley views much of the open space passive undeveloped parcels rather than recreatton Council Lady Henley expressed concern for open space being a part of the updated Outdoors Plan tn the Fall of 2000. This will be too late for some of these tnfill parcels which are betng developed. Councd Lady Eure advised the Open Space Advisory Committee was important as a umfied group that would be aware constantly of the object of securing open space, especially when a change of land use or new construction occurs This Advisory Committee ts a valuable part of the overall concept. Robert J. Scott, Dtrector of Planning, referenced the Transition Area, whtch includes the Lake Ridge area, Courthouse Estates, Indian River Plantation, the Arnold Palmer development and the area on the other stde of West Neck Creek minus the highly senstttve environmental areas whtch was called Transition Area IIL This area ts identified as subject to the ARP Or&nance. Mr Scott noted on the map properttes being dtscussed for potenttal development, t e Htll property The Policy Report contatns a matrix of ntne tssues "Transition Area/ARP Review" There were strong differences among the entities (Planning Commission, Parks and Recreattons Commission, Agriculture Advtsory Commisston and Staff) regarding the recommendations The following recommendattons all seem to be supported Area to be planned to emphasize equestrian trails, hiking trails, pick your own crops, etc. Establish a method to allow contributions to a fund for preservation of open space in other parcels of the Transition Area. New development include trail access for pedestrians, bicycles and horses Vehicular access for new development be directed to the north and west to minimize roadway conflicts Public water and sewer service be limited and engineered to desired level of development in the Area; combine parcels There are areas of potential concern such as estabhshing Flanagan's Lane as a southern boundary for the extension of water and sewer. Thts was suggested tn the Open Space Advisory Report and the tssue relative whether ARP should be conttnued tn the Transition Area III. The Transttton area is tntended to be a relattvely low density area of the City between the urban north and the rural south The Planntng Commission and staff do support extending sewer or water beyond Flanagan 's Lane. They did not see the Comprehensive Plan stated water and sewer should stop at Flanagan 's Lane, however, staff did feel very strongly that Indian River Road ts a boundary that should not be crossed. Mr Scott beheves there are three ttems tn these nine critical areas, whtch are major components' Conttnue ARP tn Transttion Area III Cap of $10, O00 an acre for ARP Easements. Issue of Flanagan's Lane as the southern boundary for the extension of water and sewer. June 8, 1999 Item IV- O. 2. - 45 - STAFF PRESENTATION ITEM # 45113 (Continued) OPEN SPA CE Council Lady Henley advised the matn charge of the Open Space Advisory Committee was to study land uses andpatterns in the former "Transition Area III" in general and the suitabthty/feasibtlity of the Agricultural Reserve Program to the Area. In particular, to identify strategies for the proposttton of development within the Area which meets the goals and objectives of the Comprehensive Plan. There was much time and work expended on the Transition Areas during constderation of the Comprehensive Plan Mr. Scott advtsed the Comprehensive Plan envistons the Transitton Area as a htgh quahty restdential area. Council Lady Henley quoted from the Plan: "The Transition Area ts to be seen as an open space and recreattonal mecca wtth residential developmentpresent only to the extent that supports the primary purpose of advancing open space and recreattonal uses ". There are many agricultural uses whtch are compatible with residential uses. The Open Space Advisory Committee identtfied some of the agrtcultural uses whtch would be compatible i.e nurseries, agricultural tourism, equestrian trails and productton and direct markettng of htgh value crops. All agrtculture ts not the same. Councd Lady Henley &d not see it anywhere in the Comprehenstve Plan where it stated water and sewer should go to In&an River Road and stop The Committee's idea of establishing Flanagan's Lane as a southern boundary for the extension of water and sewer was a compromise for concentrating any restdenttal development requirtng water and sewer in thts northern and western portion, so the area in the southeast, without water and sewer, could be the buffer to In&an Rtver Road. This would be a natural boundary, as the Coast Guard Statton encompasses a large area and at the other end there are some extsting large lot subdivisions. The Agricultural Reserve Program is a perfect way to retatn open space A Workshop shall be SCHEDULED for August 17, 1999, to evaluate the proposals and determine recommendations. This item was MOVED to the end of the FORMAL AGENDA. June 8, 1999 Item IV-P. - 46- AD JO URNMENT ITEM # 45114 Mayor Meyera E Oberndorf DECLARED the City Councd Meeting ADJOURNED at 5:25 P.M. Beverly O' Hooks, CMC/AAE Chief Deputy Cay Clerk Ruth Hodges Smtth, CMC/AAE Ctty Clerk Meyera E Oberndorf Mayor City of Virginia Beach Vtrginta June 8, 1999