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MAY 11, 1993 MINUTES(~it2~ o£ Vir'~itn~a [_:Irctacla "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS, IR, At Large JOHN A BAUM, Blackwater Borough LINWOOD 0 BRANCH III, V~rgzn~a Beach Borough JAMES W BRAZIER, JR, Lynnhaven Borough ROBERT W CLYBURN, Kempsmlle Borough ROBERT K DEAN Pnncess Anne Borough LOUIS R JONES, Bays~de Borough PAUL J LANTEIGNE, Pungo Borough JOHN D MOSS, At Large NANCY K PARKER, At Large JAMES K SPORE, C~ty Manager LESLIE L LILLEY, C~ty Attorney RUTH HODGES SMITH, CMC / AAE, Ctty Clerk CITY COUNCIL AGENDA 281 CITY ttALL BUll DING MUNICIPAL CEN FER VIR(,I,NI4 BEACtt VIRGINIA 23456 9005 1804~ 427 4303 MAY 11, 1993 I. INFORMAL SESSION - Council Chamber - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION II. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Father George Paulson St. Nicholas Greek Orthodox Church of Virginia Beach 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 - May 4, 1993 2. PUBLIC HEARING - Reapportionment - May 4, 1993 3. PUBLIC HEARING - FY 1993-1994 Operating Budget - May 4, 1993 G. COUNCIL COMMITTEE REPORT . 1986 BOND REFERENDA G. Garland Payne, Member H. PUBUC HEARING 1. FY 1993-1994 OPERATING BUDGET ORDINANCES 1. FY 193-1994 BUDGET APPROPRIATIONS a. Ordinance making APPROPRIATIONS for the Fiscal Year beginning July 1, 1993 and ending June 30, 1994, in the sum of Seven Hundred Ten Million, Eight Hundred Thirty-Six Thousand, Three and No/100 Dollars ($710,836,003) for Operations and Two Hundred Eighty-Nine Million, Four Hundred Sixty-Three Thousand, Eighty-Five and No/100 Dollars ($289,463,085) in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. b. Ordinance establishing the tax levy on real estate for Tax Fiscal Year 1994. C. Ordinance establishing the tax levy on personal property and machinery and tools for Calendar Year 1994. d. Ordinance authorizing the City Manager eliminate, suspend or reduce salary increases for employees eligible to receive merits and promotions re Sections 2- 109 and 2-110 of the Code of the City of Virginia Beach. e. Ordinance allowing the City Manager to transfer excess appropriations during the Fiscal Year to Reserve for Contingencies re use in funding unanticipated expenditures. Ordinance establishing the solid waste management fee be charged by the City of Virginia Beach for access to the services of solid waste collection, management, recycling and disposal of solid waste, recyclable materials and other refuse. g. Ordinance to AMEND and REORDAIN Section 2-87.1 of the Code of the City of Virginia Beach, Virginia, re merit increases. h. Ordinance to AMEND and REORDAIN Sections 31-5, 31-6, 31-27, 31-29, 31- 31, 31-34, 31-36 and 31-37 of the Code of the City of Virginia Beach, Virginia, by ADDING Sections 31-38, 31-39 and 31-40 re solid waste. Ordinance to AMEND and REORDAIN Section 31-61 of the Code of the City of Virginia Beach, Virginia, re refuse disposal areas. Ordinance to AMEND and REORDAIN Section 35-123 of the Code of the City of Virginia Beach, Virginia, re utility tax for E-911 telephone system. k. Ordinance to AMEND and REORDAIN Sections 5-11 .I, 5-14, 5-17, 5-46, 5-47, 5-48, 5-49, 5-50, 5-51, 5-52, 5-53, 5-54, 5-55 and 5-70 of the Code of the City of Virginia Beach, Virginia, re fees for animal licensing, impoundment and disposal. I. Ordinances re compensation: (1) City Attorney (2) City Clerk . Ordinance to AMEND and REORDAIN Section 21-12 of the Code of the City of Virginia Beach, Virginia, re traffic and fees to park. (Sponsored by Councilman John D. Moss) . Ordinance to AMEND and REORDAIN Section 6-114 of the Code of the City of Virginia Beach, Virginia re restrictions on launching, landing, parking or stationing recreational vessels and/or watercraft in certain areas. . Ordinance to REPEAL Section 37-17 of the Code of the City of Virginia Beach and ORDAIN new Section 37-17, re maximum flow and water consumption for plumbing fixtures and fixture fittings. . Ordinance to AMEND Article I of Chapter 37 of the Code of the City of Virginia Beach by ADDING Section 37-17.1, establishing rebate program for the replacement of existing toilets by ultra Iow-flush toilets. 6, Ordinance accepting bid of the Virginia Beach Soccer Joint Task Force; and, authorizing the City Manager to execute lease of a parcel of City-owned property (Princess Anne Park) to be utilized as a Soccer Field Complex. . Ordinance to APPROPRIATE $127,710 to the Department of Mental Health, Mental Retardation and Substance Abuse FY 1992-1993 Operating Budget from various funding sources; and, appropriations be offset by $120,160 increase in federal revenue, $4,750 increase in state revenue and $2,800 increase in revenue resulting from donations. U. RESOLUTIONS , Resolutions authorizing and directing the City Manager to execute Sewer and Water Cost Participation Agreements with Baymark Construction Company in the Park Place Subdivision (PRINCESS ANNE BOROUGH). (City's share $155,810.40 and $2,300.00, respectively.) . Resolution directing the Planning Commission study and forward its recommendation to the City Council re proposed amendments to the Site Plan and Subdivision Ordinances. K. PUBUC HEARING 1. PLANNING a. Ordinance for discontinuance, closure and abandonment of the following parcels in the petition of CITY OF VIRGINIA BEACH (PRINCESS ANNE BOROUGH): Parcel 1; Unimproved 30-foot road beginning 680 feet Northwest of the Western boundary of James Madison Boulevard and running Northwesterly a distance of 395 feet. Parcel 2: Western terminus of Courthouse Drive beginning 350 feet West of James Madison Boulevard and running Northwesterly a distance of 317 feet. Deferred for Compliance: Additional Deferral: Deferred Indefinitely: April 23, 1990 September 4, 1990 March 12, 1991 Recommendation: FINAL APPROVAL bi Application of OCEAN LAKES CHURCH OF GOD for a Conditional Use Permit. for a ~hurch on the West side of General Booth Boulevard, 1100 feet more or less North of Dam Neck Road in Unit #108, Booth Hill Shoppes (1485 General Booth Boulevard), containing 1056 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL C. Application of 65 ACRES ASSOCIATES, LP. for a Conditional Change of Zoning District Classification from I-1 Light Industrial District to B-2 Community_ Business District at the Northwest corner of Lynnhaven Parkway and Sabre Street (Parcel 5, Oceana West Industrial Park), containing 3.4339 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL d. Applications of TIDEWATER WESTMINSTER HOMES, INC., re property at Southwest corner of Shore Drive and Sunstates Court, containing 1.819 acres (LYNNHAVEN BOROUGH): Conditional Change of Zoning District Classification from B-2 Community_ Business District to B-4 Resort Commercial District; AND, Conditional Use Permit for a home for the aged. Recommendation: APPROVE BOTH APPLICATIONS e. Applications of the CITY OF VIRGINIA BEACH, VIRGINIA: Conditional Use Permit for a communication tower at the Southwest corner of Rosemont Road and Transfer Road (1924 Transfer Road), containing 2016 square feet (PRINCESS ANNE BOROUGH); AND, Ordinance to AMEND and REORDAIN Article 4, Sections 401 and 405 of the City Zoning Ordinance re use regulations in the Agricultural Districts. Recommendation: APPROVE BOTH APPLICATIONS Application of S.A.S. Associates for conversion of a non-conforming use to utilize structure for an indoor roller blade arena and pinball/video games and to extend skate rentals for outside use re property at Northeast corner of Atlantic Avenue and 31st Street. Parcel contains 17,424 square feet (VIRGINIA BEACH BOROUGH). Recommendation: DENIAL L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT SCHEDULE REAPPORTIONMENT AND 7-4 PLAN FOR ELECTORAL PROCESS **PUBMC HEARING /COUNCIL WORKSHOP** Council Chamber WEDNESDAY, MAY 26,1993 7:00 PM If you are physically disabled, hearing or visually impaired and need assistance at this meeting please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 5/04/93bp/mlm AG ENDA~5-11-93.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 11, 1993 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 11, 1993, at 1:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and ISce Mayor William D. Sessorns, Jr. Council Members Absent: None -2- ITEM #36776 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Performance Evaluations - Council Appointees Upon motion by Councilman Moss, seconded by Vice Mayor Sessorns, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baurn, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III May 11, 1993 -3- FORMAL SESION VIRGINIA BEACH CITY COUNCIL May IL 1993 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 11, 1993, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Father George Paulson St. Nicholas Greek Orthodox Church of Virginia Beach PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA May 11, 1993 -4- CERTIFICATION OF EXECUTII~ SESSION ITEM #36777 Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John ,4. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None May 11, 1993 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHERF~S: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 36776 Page No. 2, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R~uth H0dges Smiih, CMC/AAE City Clerk May 11, 1993 -5- Item H-F. 1. MINUTES ITEM #36778 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 4, 1993, the PUBLIC HEARING - REAPPORTIONMENT of May 4, 1993, and the PUBLIC HEARING - FY 1993-1994 OPERATING BUDGET of May 4, 1993. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None May 11, 1993 -6- Item I-G. 1. COUNCIL COMMITTEE REPORT 1986 BOND REFERENDA ITEM #36779 G. Garland Payne, Member - Bond Referendum Committee, on behalf of the Chairman, reported on expenditures and obligations incurred by the City through March 31, 1993, on highway and school projects related to the 1986 Referendum, community center projects related to the 1987 Referendum, school projects related to the 1989 Referendum, and the Lake Gaston water resource project approved in the 1988 Referendum. Concerning the 1986 Highway Referendum, the Ferrell Parkway, Independence Boulevard, Phase H-A, Indian River Road, Northampton Boulevard, General Booth Boulevard, and two Lynnhaven Parkway projects are complete. Construction is scheduled to begin on Independence Boulevard, Phase IV-A in April 1994. Of $40,000,000 authorized, 94.3%, or $37, 723,307, has been contracted. Relative the 1987 Recreation Center Referendum, the Great Neck, Bayside, and Bow Creek facilities are open to the public. The Princess Anne Community Center Project is 81% complete. Through March 31, 1993, $31,677,572, or 96.4%, of the $32,850,000 total has been contracted Concerning the 1986 School Referendum, negotiations are underway for the Various School site Acquisitions. Construction is complete on Ocean Lakes, Red Mill Farm, Tallwood and Glenwood Elementaries. Sites for Landstown (formerly Green Run) Elementary and Middle School and Strawbridge (formerly London Bridge) Elementary School have been acquired. Construction began on Ocean Lakes High School in January 1993 and, as of March 31, 1993, was 8% complete. Corporate Landing Elementary School is 60% complete. Funds totaling $32,310,000, or 100% of the $32,310,000 authorized, have been contracted. In the 1989 School Referendum, work is complete on the original thirteen elementary school gymnasium additions. Construction on the addition at Old Donation Center for the Gifted and Talented began December 1992 and, as of March 31, 1993, was 10% complete. Work is complete on Strawbridge Elementary and the Bayside and Kellam High School modernization. Construction of the Tallwood High, Landstown Elementary, and Landstown Middle School projects is 99.9%, 99.9%, and 99.9% complete, respectively. Of $68,375,000 authorized, $67,246,205 or 98.3%, has been contracted. Relative the 1988 Lake Gaston Water Resource Project Referendum, in December 1991 a federal appeals court ruled construction could begin on the overhead crossings (Contract B1) and the below-ground portion of the pump station (part of Contact D1). Construction has begun on B1 and the authorized portion of D1, and is 30% and 51% complete, respectively. Of $161,522,000 authorized, $25,587,235, or 15.8%, has been contracted. All reported expenditures appear to be appropriate and in accord with voter approved questions in the applicable bond referendums. Administrative staff support is available should you have questions or desire assistance. May 11, 1993 -7- Item H-H. 1. PUBLIC HEARING ITEM #3678O Mayor Oberndorf DECLARED A PUBLIC HEARING: FY 1993-1994 OPERATING BUDGET The following registered to speak on various issues: Walter Erb, 150 Cayuga Road, Phone: 497-7451, presented petitions in OPPOSITION to the garbage fees. Said petitions are hereby made a part of the record. Pa'ck Lippert, 4461 Jeanne Street, Phone: 497-3054 John O. Parmele, 1316 Yawl Point, Phone: 481-1259 Gregg Benshoff,, 114 55 1/2 Street, Phone: 437-4403 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Jean Carter There being no further speakers, the Mayor CLOSED THE PUBLIC HEARING. May 11, 1993 -8- Item H-L1. FY 1993-1994 BUDGET APPR OPRIA TION$ ITEM #3 6781 ,4 motion was made by Vice Mayor Sessoms, seconded by Councilman Baum, to ADOPT the FY 1993-94 OPER,4TING BUDGET, ,4S ,4MENDED. Ordinance making APPROPRL4TIONS for the Fiscal Year beginning July 1, 1993, and ending June 30, 1994, in the sum of Seven Hundred Fourteen Million, Two Hundred Fifty-four Thousand, Seven Hundred Ten and no~lO0 Dollars ($714,254, 710) for Operations and Two Hundred Seventy-Nine Million, Nine Hundred Forty-One Thousand, Five Hundred Twenty- Seven and No~lO0 Dollars ($279,941,527) in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. (Ordinances 1 - 11) Eliminate the proposed Residential Solid Waste Fee and retain 3.4 cents on the Real Estate Tax Rate. Adopt the proposed E911 tax rate of $1.95 per month (an increase at $1.64) and cut the Real Estate Tax Rate by 0.5 cents. Provide for the reduction of 33 cents in the EgI1 tax rate July 1, 1999, when the lease purchase agreement on the equipment is complete. Restore funding for 7 of 7 positions in the Court Mediation Program. Restore funding for 4 of 5 positions in the Consumer Affairs Program. Provide additional funding for the ,4rts Center utilities. Provide additional funding for the Neptune Festival, based on a 4-year phase-out of all City cash contributions. Provide funding for 20 additional police officers. Extend the hours of operation at the recreation centers on the weekends. Eliminate the Personal Property Tax on farm machinery (the current rate is $1.00 per $100). Increase the funding for SPSA Tipping fees to reflect the adopted rate of $34.00 per ton (up from the proposed rate of $32.50 per ton). Provide pay raises to both City and School employees as proposed by the City Manager in the Budget and at our meeting on May 4th. Provide additional school funds as proposed by the City Manager on May 4th. Adopt the School Budget on a lump sum basis. Retain current City policy on overtime computations. Request the City Manager to conduct an audit of overtime usage and establish guidelines to control discretionary use of overtime. Change 40 hour work week to 37 1/2 hour work week. City office hours would be from 8:30 am to 5:00 pm. Eliminate fees for Police Funeral Escorts Provide additional funding to retain the SEVAMP nurse Eliminate employee and Volunteer Paid Parking at Municipal Center Increased health insurance for schools $20/month effective January 1, 1994 Additional $500,000 to provide increased merit pay to City employees. Eliminate paid parking for non-employees at Municipal Center. Provide funding for Bar ~lssociation dues for City Attorney's and Commonwealth's Attorney's offices. May 11, 1993 -9- Item II-L 1. FY 1993-1994 BUDGET APPROPRIATIONS ITEM #36782 ,4 SUBSTITUTE MOTION was made by Councilman Moss, seconded by Council Lady Parker to move from the baselines proposed by the City Manager with the following exceptions: Ordinance making APPROPRIATIONS for the Fiscal Year beginning July 1, 1993, and ending June 30, 1994, in the sum of Seven Hundred Eleven Million, One Hundred Ninety-Nine Thousand, Seven Hundred Sixty-Two and No~lO0 Dollars ($711,199, 762) for Operations and Two Hundred Seventy-Nine Million, Five Hundred Sixty-One Thousand, Five Hundred Twenty-Seven and No~lO0 Dollars ($279,561,527) in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. Not implementing the garbage fee Not implementing the E-911 Fee No parking fees at the Municipal Center. Include the $1.5-MILLION identified in the Memorandum to the School Board. (The increase results from an upward revision in anticipated state aid, adjusted interfund transfers within the school budget and an additional commitment of local tax funding of $5 per pupil.) This Budget amendment would include paying the SPSA fee of $230,000. The balance of those funds ($1.2-MILLION) would be put in the School Operating Budget. The School Operating Fund on Vice Mayor Sessorns's motion is shown as $323,510,281; however, Councilman Moss's recommendation would be $322,710,281. Voting: 3-8 (MOTION LOST TO ,4 NEG,4TIVE VOTE) Council Members Voting ,4ye: Robert 14. Dean, John D. Moss and Nancy IC Parker Council Members Voting Nay: John ,4. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, , Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members ,4bsent: None May 11, 1993 - 10 - Item H-L1. FY 1993-1994 BUDGET APPROPRIATIONS ITEM 1136783 A SUBSTITUTE MOTION was made by Council Lady Parker, seconded by Councilman Dean: Ordinance making APPROPRIATIONS .for the Fiscal Year beginning July 1, 1993, and ending June 30, 1994, in the sum of Seven Hundred Eleven Million, One Hundred Ninety-Nine Thousand, Seven Hundred Sixty-Two and No~lO0 Dollars ($711,199, 762) for Operations and Two Hundred Seventy-Nine Million, Five Hundred Sixty-One Thousand, Five Hundred Twenty-Seven and No~lO0 Dollars ($279,561,527) in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. Since the proposal to give the extra funding to the one-time school projects to assist with the disparity issue did not pass, Council Lady Parker wished to place the $1.27-MILLION in the Economic Development Incentive Fund. Voting: 3-8 (MOTION LOST TO A NEGATI~ VOTE) Council Members Voting Aye: Robert K. Dean, John D. Moss and Nancy IC Parker Council Members Voting Nay: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, , Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None May 11, 1993 - 11 - Item II-L1. FY 1993-1994 BUDGET APPROPRIATIONS ITEM #36784 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baurn, City Council ADOPTED: the FY 1993-94 OPERATING BUDGET, AS AMENDED. Ordinance making APPROPRIATIONS for the Fiscal Year beginning July 1, 1993, and ending June 30, 1994, in the sum of Seven Hundred Fourteen Million, Two Hundred Fifty-four Thousand, Seven Hundred Ten and no/1 O0 Dollars ($714, 254, 710) for Operations and Two Hundred Seventy-Nine Million, Nine Hundred Forty-One Thousand, Five Hundred Twenty-Seven and No~lO0 Dollars ($2 79, 941, 52 7) in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. (Ordinances 1 - 11) Eliminate the proposed Residential Solid Waste Fee and retain 3.4 cents on the Real Estate Tax Rate. Adopt the proposed Egl l tax rate of $1.95 per month (an increase at $1.64) and cut the Real Estate Tax Rate by 0.5 cents. Provide for the reduction of 33 cents in the E911 tax rate July 1, 1999, when the lease purchase agreement on the equipment is complete. Restore funding for 7 of 7 positions in the Court Mediation Program. Restore funding for 4 of 5 positions in the Consumer Affairs Program. Provide additional funding for the Arts Center utilities. Provide additional funding for the Neptune Festival, based on a 4-year phase-out of all City cash contributions. Provide funding for 20 additional police officers. Extend the hours of operation at the recreation centers on the weekends. Eliminate the Personal Property Tax on farm machinery (the current rate is $1.00 per $100). Increase the funding for SPSA Tipping fees to reflect the adopted rate of $34.00 per ton (up from the proposed rate of $32.50 per ton). Provide pay raises to both City and School employees as proposed by the City Manager in the Budget and at our meeting on May 4th. Provide additional school funds as proposed by the City Manager on May 4th. Adopt the School Budget on a lump sum basis. Retain current City policy on overtime computations. Request the City Manager to conduct an audit of overtime usage and establish guidelines to control discretionary use of overtime. *Change 40 hour work week to 37 1/2 hour work week. City office hours would be from 8:30 am to 5:00 pm. Eliminate fees for Police Funeral Escorts Provide additional funding to retain the SEVAMP nurse Eliminate employee and Volunteer Paid Parking at Municipal Center Increased health insurance for schools $20/month effective January 1, 1994 May 11, 1993 - 12 - Item II-I.I. FY 1993-1994 BUDGET APPROPRIATIONS ITEM 1136784 (Continued) Additional $500,000 to provide increased merit pay to City employees. Eliminate paid parking for non-employees at Municipal Center. Provide funding for Bar Association dues for City Attorney's and Commonwealth's Attorney's offices. Real Estate Tax Rate = $1.14 Voting: 7-4 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III,, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: James W. Brazier, Jr., Robert IC Dean, John D. Moss and Nancy Parker Council Members Absent: None Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was currently employed by the City of Virginia beach School Board as a teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made apart of the record. Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he was currently employed by the City of Virginia Beach as a police officer in a position in the Commonwealth Attorney's Office. Councilman Brazier declared he was able to participate in the transaction fairly, objectively, and in the public interest. Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he was currently employed by the City of Virginia Beach as a police officer in a position in the Sheriff's Office. Councilman Lanteigne declared he was able to participate in the transaction fairly, objectively, and in the public interest. *Councilman Lanteigne advised he could not support the change in policy of the 40 hour work week to 37 1/2 hours and not being compensated for this other than the cost of living increase. May 11, 1993 ; COUNCIL AMENDMENTS TO THE FY 1993-94 OPERATING BUDGET · Eliminate the proposed Residential Solid Waste Fee end retain 3.4¢ on the Real Estate Tax Rate. · Adopt the proposed E611 tax rate of $1.65 per month (an increase of $1.64) and cut the Real Estate Tax Rate by 0.5¢. Provide for a reduction of 33¢ in the E911 tax rate July 1, 1969 when the lease purchase agreement on the equipment is complete. · Restore funding for 7 of 7 positions in the Court Mediation Program. · Restore funding for 4 of 5 positions in the Consumer Affairs Program. · Provide additional funding for the Arts Center utilities. · Provide additional funding for the Neptune Festival, based on a 4-year phase-out of all City cash contrIbutions. · Provide funding for 20 additional police officers. · Extend the hours of operation at the recreation centers on the weekends. · Eliminate the Personal Property Tax on farm machinery (the current rate is ~1.00 per $100). · increase the funding for SPSA tipping fees to reflect the adopted rate of $34.00 per ton [uA) from the proposed rate of 932.50 per ton). · Provide pay raises to both City and School employees as proposed by the City Manager in the Budget and at our meeting on May 4th · Provide additional school funds as proposed by the City Manager on May 4th. Adopt the School Budget on a lump sum basis. · Retain current City policy on overtime computations. Request the City Manager to conduct an audit of overtime usage and establish guidelines to control discretionary use of overtime. · Change 40 hour work week to 37~J hour work week. City office hours would be from 8:30 am to 5:00 pm. · Eliminate fees for Pohce Funeral Escorts · · Provide additional funding to retain the SE'VAMP nurse · Ehminate employee and Volunteer paid parking at Municipal Center · Increased health insurance for schools 9201month effective Jan.1 · Additional 9500,000 to provide increased merit pay to city employees. · Eliminate paid parking for non.employees at Municipal Center · Prov,de funding for Bar Association dues for City Attorney's and Commonwealth's Attorney's Offices REAL ESTATE TAX RATE - $1.14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 1993 AND ENDING JUNE 30, 1994, IN THE SUM OF SEVEN HUNDRED FOURTEEN MILLION, TWO HUNDRED FIFTY-FOUR THOUSAND, SEVEN HUNDRED TEN AND NO/100 DOLLARS ($714,254,710) FOR OPERATIONS AND TWO HUNDRED SEVENTY-NINE MILLION, NINE HUNDRED FORTY-ONE THOUSAND, FIVE HUNDRED TWENTY- SEVEN AND NO/100 DOLLARS ($279,941,527) IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AS AMENDED WHEREAS, the City Manager has heretofore submitted an Annual Budget for the city for the fiscal year beginning July 1, 1993, and ending June 30, 1994, and it is necessary to appropriate sufficient funds to cover said budget NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Section 1 That the amounts named aggregating NINE HUNDRED NINETY-FOUR MILLION, ONE HUNDRED NINETY-SIX THOUSAND, TWO HUNDRED THIRTY-SEVEN AND NO/100 DOLLARS ($994,196,237) consisting of TWO HUNDRED SEVENTY-NINE MILLION, NINE HUNDRED FORTY-ONE THOUSAND, FIVE HUNDRED TWENTY-SEVEN AND NO/100 DOLLARS ($279,941,527) in interfund transfers and SEVEN HUNDRED FOURTEEN MILLION, TWO HUNDRED FIFTY-FOUR THOUSAND, SEVEN HUNDRED TEN AND NO/100 DOLLARS ($714,254,710) for operating or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 1993-1994, are hereby appropriated subject to the conditions hereafter set forth, for the year 1993-1994, for the use of the several departments and specially designated funds of the city governments, and for the purpose hereafter mentioned, as set forth in said Annual Budget, which is hereby ~ncorporated by reference, for the fiscal year beginning July 1, 1993, and ending June 30, 1994, as follows GENERAL FUND LEGISLATIVE DEPARTMENT: Mumclpal Council $ 304,253 City Clerk 319,101 Total $ 623,354 EXECUTIVE DEPARTMENT: City Manager $ 655,092 Public Information Office 512,965 Total $ 1,168,057 LAW DEPARTMENT: City Attorney $ 1,546,026 FINANCE DEPARTMENT: Comm~ssioner of the Revenue Board of Equahzatlon C~ty Real Estate Assessor Treasurer Director of F~nance Total 3,128,953 16,056 1,487,642 3,328,495 3,113,944 $ 11,075,090 $ 2,269,329 DEPARTMENT OF HUMAN RESOURCES: Human Resources JUDICIAL DEPARTMENT: C~rcmt Court General D~strlct Court Juvemle and Domestic Relations District Court Pubhc Defender Medical Examiner Clerk of the C~rcmt Court Magistrates Commonwealth's Attorney Sheriff and Corrections Juvenile Probation Total 433,776 52,969 43,318 136,000 9,075 375,511 16,223 2,280,270 0 1,164,018 $ 4,511,160 HEALTH DEPARTMENT. Preventive Medicine Contractual Health Services Personal Care Services Total 1,754,158 298,850 50,906 2,103,914 SOCIAL SERVICES DEPARTMENT. Social Services 14,479,433 POLICE DEPARTMENT: Police 38,127,382 PUBLIC WORKS DEPARTMENT: Pubhc Works 41,723,629 LIBRARY DEPARTMENT: L~brary 7,295,112 PLANNING DEPARTMENT: Planning 2,517,309 AGRICULTURE DEPARTMENT' Agriculture 656,280 DEPARTMENT OF ECONOMIC DEVELOPMENT: Director of Economic Development 1,176,292 DEPARTMENT OF GENERAL SERVICES: General Services 19,918,809 BOARDS AND COMMISSIONS: General Registrar Zoning Board of Appeals Arts and Humanities Commission Mass Transit Operations Wetlands Board of Virginia Beach Department Volunteer Council Video Services Department Total 518,940 17,803 196,116 838,213 13,255 24,721 611,551 $ 2,220,599 NON-DEPARTMENTAL: Community Organization Incentive Grants Employee Special Benefits Revenue Reimbursements Regional Participation Arts Center Grant for Utilities Managed Attrition Program Total 215,728 443,082 1,172,273 593,380 80,000 500,000 $ 3,004,463 FIRE DEPARTMENT' Fire $ 18,357,224 EMERGENCY MEDICAL SERVICES. Emergency Medical Services $ 1,681,941 DEPARTMENT OF MUSEUMS: Museums $ 292,518 DEPARTMENT OF MANAGEMENT AND BUDGET: Management and Budget $ 1,367,092 DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT. Convention and Visitor Development $ 6,805,391 HOUSING AND NEIGHBORHOOD PRESERVATION: Housing and Neighborhood Preservation $ 997,532 TRANSFERS: Transfer to Other Funds $ 260,786,933 RESERVES: Reserve for Contingencies $ 4,281,717 TOTAL GENERAL FUND $ 448,986,586 SCHOOL OPERATING FUND DEPARTMENT OF EDUCATION: Education $ 323,510,281 GRANTS CONSOLIDATED FUND JUDICIAL DEPARTMENT: CDI93 Pre-Trial Program $ 132,353 $ 1,228,119 $ 215,054 $ 1,575,526 MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE: Mental Health/Mental Retardation/Substance Abuse HOUSING AND NEIGHBORHOOD PRESERVATION: Section 8 Housing TOTAL GRANTS CONSOLIDATED FUND LAW LIBRARY FUND LIBRARY DEPARTMENT: Law Library RESERVES: Reserve for Contingencies TRANSFERS: Transfer to Other Funds TOTAL LAW LIBRARY FUND PENDLETON CHILD SERVICE CENTER FUND JUDICIAL DEPARTMENT: Pendleton Child Service Center RESERVES: Reserve for Contingencies TOTAL PENDLETON CHILD SERVICE CENTER FUND EMERGENCY E-911 COMMUNICATION SPECIAL REVENUE FUND POLICE DEPARTMENT: Communications RESERVES: Reserve for Conttngenctes TRANSFER TO OTHER FUNDS: TOTAL EMERGENCY E-911 COMMUNICATIONS SPECIAL REVENUE FUND COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Administration and Housing RESERVES: Reserve for Contingencies TRANSFERS: Transfers to Other Funds TOTAL COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND COMMUNITY CORRECTIONS SPECIAL REVENUE FUND JUDICIAL DEPARTMENT: CDI93 Core Service/Case Management RESERVES: Reserve for Contingencies TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND MH/MR/SA SPECIAL REVENUE FUND DEPARTMENT OF MENTAL HEALTH' Mental Health CD LOAN AND GRANT FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Loans and Grants $ 226,451 $ 16,424 $ 65,026 $ 307,901 $ 939,129 $ 13,800 $ 952,929 4,163,791 47,895 85O,OOO 5,061,686 $ 1,624,740 $ 14,325 $ 62O,445 $ 2,259,510 $ 329,767 $ 13,295 $ 343,062 $ 11,022,608 $ 760,000 HOMELESS INTERVENTION FUND HOUSING AND NEIGHBORHOOD PRESERVATION' Homeless Intervention $ 150,150 DEA SEIZED PROPERTY SPECIAL REVENUE FUND RESERVES: Reserve for Contingencies $ 104,105 $ 45,895 $ 150,000 TRANSFERS: Transfers to Other Funds TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND ACCESS CHANNEL SUPPORT SPECIAL REVENUE FUND BOARDS AND COMMISSION: Cable Access Fund $ 28,151 FEDERAL HOUSING ASSISTANCE GRANT FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Home Program $ 763,000 POLICE AIRPLANE SPECIAL REVENUE FUND POLICE DEPARTMENT: Airplane Enterprise $ 167,919 FEDERAL SECTION 8 PROGRAM SPECIAL REVENUE FUND HOUSING AND NEIGHBORHOOD PRESERVATION' Section 8 Rental Payments $ 180,000 COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND Comprehensive Services Act $ 5,022,422 SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND JUDICIAL DEPARTMENT: Sheriff's Department $ 10,883,208 $ 27,289 $ 10,910,497 RESERVES: Reserve for Contingencies TOTAL SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND INMATE TELEPHONE SPECIAL REVENUE FUND JUDICIAL DEPARMENT' Inmate Telephone $ 100,000 PARKS AND RECREATION SPECIAL REVENUE FUND PARKS AND RECREATION DEPARTMENT: $ 11,409,502 TOURISM GROWTH INVESTMENT FUND RESERVES. Reserve for Contingencies TRANSFERS. Transfers to Other Funds $ 938,032 $ 6,124,562 TOTAL TOURISM GROWTH INVESTMENT FUND $ 7,062,594 WATER AND SEWER FUND DEPARTMENT OF PUBLIC UTILITIES: Pubhc Utilities $ 36,100,943 REVENUE BOND DEBT SERVICE: Revenue Bonds $ 10,069,636 $ 1,975,129 $ 6,842,932 $ 54,988,640 RESERVES: Reserve for Contingencies TRANSFERS: Transfers to Other Funds TOTAL WATER AND SEWER FUND GOLF COURSE ENTERPRISE FUND PARKS AND RECREATION DEPARTMENT: Golf Courses $ 1,662,259 DEBT SERVICE: Lease-Purchase $ 367,422 $ 62,773 $ 639,523 $ 2,731,977 RESERVES: Reserve for Contingenc~es TRANSFERS: Transfers to Other Funds TOTAL GOLF COURSE ENTERPRISE FUND MARINE SCIENCE MUSEUM ENTERPRISE FUND OFFICES: Museums $ 1,443,422 RESERVES' Reserve for Contingencies $ 56,775 TRANSFERS: Transfers to Other Funds $ 944,687 TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND $ 2,444,884 RESORT PARKING ENTERPRISE FUND PUBLIC WORKS DEPARTMENT: Parking Systems Management $ 453,196 $ 45,685 $ 301,539 $ 800,420 RESERVES: Reserve for Contingencies TRANSFERS' Transfers to Other Funds TOTAL RESORT PARKING ENTERPRISE FUND STORM WATER UTILITY ENTERPRISE FUND FINANCE DEPARTMENT: City Treasurer $ 59,596 PUBLIC WORKS DEPARTMENT: Storm Water Operations $ 4,507,588 $ 313,709 $ 2,719,985 $ 7,6O0,878 RESERVES' Reserves for Contingencies TRANSFERS. Transfers to Other Funds TOTAL STORM WATER UTILITY ENTERPRISE FUND GENERAL DEBT FUND DEBT SERVICE: Debt Service $ 70,990,501 COMMUNITY DEVELOPMENT CAPITAL PROJECTS FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Community Development Capital Projects $ 75,000 FIRE PROGRAMS CAPITAL PROJECTS FUND FIRE DEPARTMENT: Fire Programs $ 200,000 $ 120,000 $ 320,000 RESERVES: Reserve for Cont~ngencies TOTAL FIRE PROGRAMS CAPITAL PROJECTS FUND WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND DEPARTMENT OF PUBLIC UTILITIES: Water and Sewer Capital Projects $ 2,000,000 ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND PUBLIC WORKS DEPARTMENT- Eng~neenng and Highways Capital Projects RESORT PROGRAM CAPITAL PROJECTS FUND PUBLIC WORKS DEPARTMENT: Resort Area Capital Projects SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND DEPARTMENT OF EDUCATION: School Construction PARKS AND RECREATION GENERAL REVENUE CAPTIAL PROJECTS FUND PARKS AND RECREATION DEPARTMENT: Parks and Recreation Capital Projects BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND DEPARTMENT OF GENERAL SERVICES: Building Capital ProJects 3,307,517 4,270,151 6,481,112 1,540,480 4,220,353 STORM WATER CAPITAL PROJECTS FUND PUBLIC WORKS DEPARTMENT: Storm Water Construction $ 1,700,000 TOTAL BUDGET $ 994,196,237 Less: lnterfund Transfers 279,941,527 NET BUDGET $ 714,254,710 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Section 2 Subject to the provisions of Chapter 2, Article III, of the Virginia Beach City Code, the salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the maximum compensation to be paid for services rendered The total of permanent positions, shall be the maximum of positions authorized for the various departments of the city during said fiscal year except changes or additions authorized by the Council and as hereinafter provided The City Manager may from time to time increase or decrease the number of temporary positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefor With the exception of the education department, the City Manager is authorized to make such rearrangements of positions within and between bureaus, divisions, and departments named herein, as may best meet the uses and interests of the city Section 3 All collection of delinquent city taxes shall be credited to the General Fund of the city by the Treasurer Section 4 All collections of local taxes levied shall be credited to the General Fund of the city Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such specially designated funds Section 5 All balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business for the hscal year ending on the thirtieth day of June, 1994, except, as otherwise provided for, are hereby declared to be lapsed into the surplus of the respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and may be used for the payment of the appropriations which may be made in the appropriation ordinance for the fiscal year beginning July 1, 1994 However, there shall be retained in the General Fund Balance, an undesig- nated amount not less than the range of seventy-bye (75) to one hundred (100) percent of the budget for city and school debt service payments for that fiscal year for contingencies and emergency situations and not to be used to support appropriations approved in the ordinance for the fiscal year beginning July 1, 1993, except upon subsequent authorization by City Council Section 6 No department or agency for which appropriations are made under the provisions of this Ordinance shall exceed the amount of the appropriations except with the consent and approval of the City Council first being obtained, but it ~s expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each operating appropnation unit included in this Ordinance and does not apply to Interfund Transfers 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 The City Manager or those persons designated ~n writing by him, where a copy of such designa- tion is on file with the Director of Finance, is hereby authorized to approve transfers for appropriations within any department or between departments in an amount not to exceed $10,000 in any single transaction, and is further authorized to approve transfers and expenditures from the Reserve for Con- tingencies in an amount not to exceed $10,000 in any single transaction except herein provided. The City Manager may limit expenditures to the classes of appropriations as set forth in the budget docu- ment or as required by the State Auditor of Public Accounts if such requirements are different from the classes shown in the budget document In addition, the City Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for salary or fringe benefit adjustments approved by City Council, and may transfer appropriations from Reserve for CARE, the Reserve for Public Safety Technology, and the Reserve for Voting Machines for the purposes intended, respectively Section 7 Nothing in this section shall be construed as authorizing any reduction to be made in the amount appropnated in this Ordinance for the payment of interest or bonds on the bonded debt of the City Government Section 8 Allowances out of any of the appropriations made in this Ordinance by any or ail of the city departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed twenty-four cents ($ 24) per mile of actual travel for the hrst 15,000 miles and eleven ($11) per mile for additional miles of such use w~thin the fiscal year Section 9 All traveling expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council Each account shall show the dates expenses were incurred or pa~d, number of miles traveled, method of travel, hotel expenses, meals, and incidental expenses The Director of Finance is specifically directed to withhold the issuance of checks in payment of expense accounts submitted for "lump-sum" amounts, including payments to employees of the School Board Section 10 That th~s Ordinance shall be in effect from and after the date of its adoption Section 11 That if any part or parts, secbon or sections, sentences, clause, or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance 88 89 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of May, 1993 F \94BUDGET\DOCUMENT\ORDFINAL - 13 - Item H-L2. FY 1993-1994 BUDGET APPROPRIATIONS ITEM tt36785 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance establishing the tax levy on real estate for Tax Fiscal Year 1994. (effective from May 11, 1993) Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, Robert Vg. Clyburn, Louis 1~ Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: James W.. Brazier, Jr., Robert I~ Dean, John D. Moss and Nancy Parker Council Members Absent: None May 11, 1993 lO 11 12 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1994 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON REAL ESTATE. There shall be lewed and collected for fiscal year 1994 taxes for general purposes on all real estate, not exempt from taxabon and not otherwise provided for ~n th~s Ordinance, at the rate of one dollar and fourteen cents ($1.14) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates which have been prescnbed ~n th~s section shall be apphed on the bas~s of one hundred percentum of the fair market value of such real property except for public service real property which shall be on the bas~s as prowded ~n Section 58 1-2604 of the Code of V~rg~nia, as amended Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND 13 14 15 16 17 18 19 20 21 22 23 24 25 FACILITIES" CLASSIFIED AS REAL ESTATE. In accordance w~th Section 58 1-3660 (A) of the Code of V~rg~n~a (1950), as amended, there shall be lewed and collected for general purposes for hscal year 1994, taxes on all real estate cert~hed by the Commonwealth of V~rg~n~a as "Cert~hed Pollution Control Equipment and Facd~bes" not exempt from taxation, at the rate of one dollar and fourteen cents ($1.14) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates ~mposed ~n th~s section shall be applied on the bas~s of one hundred percentum of fair market value of such real property. Section 3. CONSTITUTIONALITY. That ~f any part or parts, section or sections, sentences, clause, or phrase of th~s Ordinance ~s for any reason declared to be unconst~tubonal or ~nvahd, such decision shall not affect the vahd~ty of the remaining port,on of th~s Ordinance Section 4 EFFECTIVE DATE. Th~s Ordinance shall be ~n effect from and after the date of ~ts adoption 26 27 Adopted by the Councd of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the 11th day of May, 1993 F \94BUDGE'r~DOCUMEN-I'~ORDFINAL - 14 - Item II-L3. FY 1993-1994 BUDGET APPR OPRIA TIONS ITEM #36786 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance establishing the tax levy on personal property and machinery and tools for Calendar Year 1994. (effective January 1, 1994 - includes exemption for farm equipment, etc.) Voting: 8-3 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III,, Robert gE. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: James gE. Brazier, Jr., Robert IE Dean and John D. Moss Council Members Absent: None May 11, 1993 10 11 12 13 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1994. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY. In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1994, taxes on all tangible personal property, not exempt from taxation and not otherwise provided for ~n th~s Ordinance, at the rate of three dollars and e~ghty cents ($3.80) on each one hundred dollars ($100) assessed valuahon thereof In accordance w~th Secbon 58.1-3504 for the Code of V~rg~n~a (1950), as amended, certain household goods and personal effects as dehned there~n shall be exempt from taxation. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL 14 15 16 17 18 19 PROPERTY USED AS MOBILE HOMES. In accordance w~th Section 58 1-3506 (A)(8) of the Code of V~rg~n~a (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1994 taxes on ali vehicles w~thout motor power used or designated to be used as mobile homes, at the rate of one dollar and fourteen cents ($1.14) on each one hundred dollars ($100) of assessed valuation thereof Section 3 AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TONS OR 20 21 22 23 24 25 MORE In accordance w~th section 58 1-3506 (A)(1) of the Code of V~rg~n~a (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1994 taxes on all boats or watercraft weighing hve tons or more at the rate of one dollar and hfty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof Section 4 AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND 26 27 28 29 30 31 FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY In accordance w~th Secbon 58 1-3660 (A) of the Code of V~rg~n~a (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1994 taxes on all tangible personal property cert~hed by the Commonwealth of Wrg~n~a as "Cert~hed Pollution Control Equipment and Facd~t~es" not exempt from taxation, at the rate of three dollars and e~ghty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 Section 5. TAX EXEMPTION FOR FARM MACHINERY AND IMPLEMENTS, FARM TOOLS, AND FARM LIVESTOCK INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND POULTRY. In accordance with Section 58.1-3505 (B) of the Code of V~rg~nia (1950), as amended, all farm machinery and implements, farm tools, and farm I~vestock, including all horses, poultry, and grains and feeds used for the nurture of farm I~vestock and poultry, are exempt from personal property taxation Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS. In accordance w~th Section 58.1-3507 of the Code of Virginia (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1994 taxes on machinery and tools, not exempt from taxabon, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuabon thereof. Section 7. AMOUNT OF LEVY ON AIRCRAFT. In accordance w~th Section 58.1-3506 (A)(2,3) of the Code of V~rg~n~a (1950), as amended, there shall be lev~ed and collected for general purposes for the calendar year 1994 taxes on all aircraft at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 8 AMOUNT OF LEVY ON ANTIQUE AUTOMOBILES. In accordance w~th Sect,on 58.1-3506 (A)(4) of the Code of Wrg~n~a (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1994 taxes on all anbque automobiles at the rate of three dollars and e~ghty cents ($3 80) on each one hundred dollars ($100) of assessed valuahon thereof. Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT. In accordance w~th Section 58.1-3506 (A)(6) of the Code of V~rg~n~a (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1994 taxes on all heavy construction equipment at the rate of three dollars and e~ghty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 10. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE 6O 61 62 63 64 PERSONAL PROPERTY In accordance w~th Section 58.1-3506 (A)(5) of the Code of V~rg~n~a (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1994 taxes on all research and development tangible personal property, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuabon thereof. 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT. In accordance w~th Section 58.1-3506 (A)(7) of the Code of Wrg~n~a (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1994 taxes on all energy conversion equipment at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE In accordance w~th Section 58.1-3506 (A)(9) of the Code of Virginia (1950), as amended, there shall be lev~ed and collected for general purposes for the calendar year 1994 taxes on all computer hardware used by businesses pnmardy engaged ~n prowd~ng data processing services to other nonrelated or nonaff~hated bus,nesses, not exempt from taxation, at the rate of three dollars and e~ghty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR RECREATIONAL PURPOSES ONLY In accordance w~th Section 58.1-3506 (A)(10) of the Code of V~rg~n~a (1950), as amended, there shall be lewed and collected for general purposes for the calendar year 1994 taxes on all privately owned pleasure boats and watercraft use for recreational purposes only, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. Section 14. AMOUNT OF LEVY ON PRIVATELY OWNED CAMPING TRAILERS AND MOTOR 83 84 85 86 87 88 89 HOMES USED FOR RECREATIONAL PURPOSES ONLY In accordance w~th Section 58 1-3506 (A)(15) of the Code of V~rg~n~a (1950), as amended, there shall be lev~ed and collected for general purposes for the calendar year 1994 taxes on all pnvately owned camping traders and motor homes as defined ~n Section 46 2-100 of the Code of V~rg~n~a (1950), which are used for recreational purposes only, at the rate of one dollar and fifty cents ($1 50) on each one hundred dollars ($100) of assessed valuation thereof Section 15 AMOUNT OF LEVY ON ONE MOTOR VEHICLE OWNED AND REGULARLY USED 90 91 92 93 94 95 96 97 98 99 BY A DISABLED VETERAN. In accordance w~th Section 58.1-3506(A) (16) of the Code of V~rg~n~a (1950), as amended, there shall be a reduced tax levy rate of one dollar and fifty cents ($1 50) on each one hundred dollars ($100) of assessed valuation on one (1) motor vehicle owned and regularly used by a veteran who has e~ther lost, or lost the use of, one or both legs, or an arm or a hand, or who ~s bhnd, or who is permanently and totally d~sabled as certified by the Department of Veterans' Affairs. Any motor vehicles ~n addition to the one (1) so taxed shall not qualify for the taxation at the rate established here~n, and shall be taxed at the rate or rates apphcable to that class of property. In order to quahfy, the veteran shall prowde a written statement to the Commissioner of Revenue from the Department of Veterans' Affairs that the veteran has been so designated or classified by the Department of Veterans' lO0 101 1 O2 103 1 O4 105 106 107 108 109 110 111 112 Affairs as to meet the requirements of Section 58.1-3506(A) (16), and that his d~sabd~ty ~s serwce connected. For purposes of th~s ordinance, a person ~s bhnd ~f he meets the prows~ons of Section 46 2-739 of the Code of Virginia (1950), as amended Section 16. ASSESSED VALUE DETERMINATION. In accordance w~th Section 58.1-3103 of the Code of V~rg~n~a (1950), as amended, personal property mentioned in the above sections shall be assessed at actual fair market value, to be determined by the Commissioner of Revenue for the C~ty of V~rg~n~a Beach Section 17. CONSTITUTIONALITY. That ~f any part of parts, section or sections, sentences, clause, or phrase of th~s ordinance ~s for any reason declared to be unconstitutional or ~nvahd, such dec~sion shall not affect the vahd~ty of the remaining portions of th~s ordinance. Section 18. EFFECTIVE DATE. Th~s ordinance shall be ~n effect January 1, 1994. 113 114 Adopted by the Councd of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the 11th day of May, 1993. F.\94BUDGET~DOCUMENT~ORDFINAL - 15 - Item II-L4. FY 1993-1994 BUDGET APPROPRIATIONS ITEM #36787 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing the City Manager eliminate, suspend or reduce salary increases .for employees eligible to receive merits and promotions re Sections 2-109 and 2-110 of the Code of the City of Virginia Beach. Yotin g : 8-3 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III,, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: James W.. Brazier, Jr., Robert K~ Dean and John D. Moss Council Members Absent: None May 11, 1993 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ELIMINATE, SUSPEND, OR REDUCE SALARY INCREASES FOR EMPLOYEES ELIGIBLE TO RECEIVE MERITS AND PROMOTIONS AS PER SECTIONS 2-109 AND 2-110 OF THE CODE OF THE CITY OF VIRGINIA BEACH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, Section 2-109(b) of the Virginia Beach City Code refers to variable merit increases, whereby such increase may range from a one (1) to three (3) step increment within the pay range of the class to which the employee is assigned; WHEREAS, Section 2-110 of the Virginia Beach City Code refers to employee promotions, which require an increase in salary to a minimum step for that new class (A step) or four (4) pay increments above the present range and step, whichever is greater, as long as that increase shall not place the employee at a pay step in the range of the new position higher than the pay step held in the range of the former position; WHEREAS, the City Manager believes that, due to limited resources, such salary increases should be suspended or reduced for FY 1993-1994; and WHEREAS, Section 2-87.1 of the Virginia Beach City Code authorizes the City Council, by ordinance, to eliminate, suspend, or reduce the award of merit increases and/or promotions at any time for a specific period of time; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to eliminate, suspend, or reduce the level of salary increase associated with merit increases and/or promotions during FY 1993-1994, as per Section 2-87.1 of the Virginia Beach City Code. Adopted by the Council of the City of Virginia Beach, 11 May Virginia, on the day of , 1993. 32 33 34 35 CA-5075 ORDIN\NONCODE\MERITS . ORD R-2 PREPARED: 03 / 24 / 93 - 16 - Item II-L5. FY 1993-1994 BUDGET APPROPRIATIONS ITEM 1136788 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance allowing the City Manager to transfer excess appropriations during the Fiscal Year to Reserve for Contingencies re use in funding unanticipated expenditures. Voting: 8-3 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III,, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Robert K. Dean and John D. Moss Council Members Absent: None May 11, 1993 i 10 11 12 13 14 15 16 17 18 19 2O 21 AN ORDINANCE TO ALLOW THE CITY MANAGER TO TRANSFER EXCESS APPROPRIATIONS DURING THE FISCAL YEAR TO THE RESERVE FOR CONTINGENCIES FOR USE IN FUNDING UNANTICIPATED EXPENDITURES WHEREAS, the City Manager or the Director of Management and Budget is authorized to approve transfers for appropriations within any department or between departments in an amount not to exceed $10,000 in any single transaction, and is further authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction except as provided within the budget ordinance; WHEREAS, the Reserve for Contingencies may require supplemental funding during the fiscal year in order to cover additional unanticipated expenditures during the fiscal year; WHEREAS, such supplemental funding may be available within existing appropriations in other sections of the Operating Budget due to cost savings realized after incurnng expenditures; WHEREAS, transfer of such excess appropriations to the Reserve for Contingencies would not ~ncrease the total Operating Budget for a fiscal year; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the C~ty Manager is hereby authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which those funds were appropriated have been incurred. 22 Adopted by the Council of the C~ty of V~rginia Beach, V~rginia, on the 11th day of May, 1993. -17- Item II-L6. FY 1993-1994 BUDGET APPROPRIATIONS ITEM 1136789 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-87.1 of the Code of the City of Virginia Beach, Virginia, re merit increases. Voting: 8-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, Robert W. Clyburn, Louis R~ Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: James W.. Brazier, Jr., Robert K. Dean and John D. Moss Council Members Absent: None May 11, 1993 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-87.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO MERIT INCREASES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-87.1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 02-87.~. Elimination~ or suspension or reduction of merit increases and/or promotions by city council. Nothing in this Code shall be deemed to prohibit city council (i) from adopting ordinances eliminating or suspending the award of merit increases and/or promotions, or reducing the level of salary increase associated with merit iDcreases aD4/or promotions, or (ii) from authorizinq the city manaqer to e%i~Date or suspend the award of merit increases and/or promotioDs, or to reduce the level of salary increase associated with merit ~D~reases aDd/or promotions. at any time and for such period of time as may be specifically set forth by the terms of such ordinances. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia 11 May on the day of , 1993. 23 24 25 26 CA-5031 \ORDIN \NONCODE\ 02-087-1. PRO R-4 PREPARED: March 24, 1993 - 18 - Item II-L Z FY 1993-1994 BUDGET APPROPRIATIONS ITEM #36790 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 31-5, 31-6, 31-27, 31-29, 31-31, 31-34, 31-36 and 31-37 of the Code of the City of Virginia Beach, Virginia, by ADDING Sections 31-38 re solid waste. Voting: 8-3 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III,, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: James W.. Brazier, Jr., Robert ~ Dean and John D. Moss Council Members Absent: None May 11, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 31-5, 31-6, 31-27, 31-29, 31-31, 31-34, 31-36 AND 31-37 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND ADD SECTION 31-38 PERTAINING TO SOLID WASTE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 31-5, 31-6, 31-27, 31-29, 31-31, 31-34, 31-36 and 31-37 of the Code of the city of Virginia Beach, Virginia, are hereby amended and reordained, and Section 31-38 is hereby added to read as follows: Section 31-5. Refuse receptacles for parking lots. The owner or manager of any parking lot or establishment with a parking lot shall provide refuse receptacles distributed within the parking area. The department of public works shall have the authority to determine the number of receptacles necessary to provide proper containerization. It shall be the responsibility of the owner or manager of the parking lot to maintain such receptacles and place them in an approved location for collection contractor. Section 31-6. Refuse receptacles and B~ulk containers utilized by commercial establishments. ~-~-~ctor~&.~ to~-crvi-~ that cont~-~-. The owner, manager or occupant of any commercial establishment shall be responsible for the collection or handling of solid waste originating from their commercial property. Said owner or manager of the commercial establishment shall provide refuse receptacles for the commercial establishment, and shall maintain such receptacles and place them in approved locations for collection by a private contractor. Such container shall at all times be clean, neat and in a good state of repair. Cleaning up materials spilled from the container when emptying shall be the responsibility of the private contractor or 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 the property owner, manager or occupant. No refuse shall be placed adjacent to any bulk container or refuse receptacle. The ~~"~ owner, manager or occupant of any establishment for which a bulk container screening requirement applies must maintain such screening in a clean and neat condition and in good state of repair. Section 31-9-7. Frequency of collection. ~ Garbage and household trash accumulated at residences shall be collected by the city one time each week, except when otherwise designated by the director of public works. Oversized household trash, and bulky items such as refrigerators, water heaters and washing machines shall be collected by the city one time each week at the curbside; provided that, the service of collecting these articles shall only be provided when a special order is placed by telephoning the bureau of refuse collection in advance. to ~' ~i ........... pcr ............ n~ approved by ~ o~ty. ~t~blis~ts -"~- ~- of thc ..... ~ --i ~-~ ~-- ...........~~ zonc :hall bc one --~ "^-~'-~ day ....~ .... ~-~, .....~... ,~,,_~,.,,,-,~-,,A by thc director of 2 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 99. 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Section 31-31. Refuse from multiple-unit dwellings not to be collected. The city shall not provide refuse collection to apartments, ~ff~_ ~_~ ~..~--A residential condominiums, duplexes, or other multiple- unit residential buildings unless each unit or duplex is individually located on a separate lot abutting the right-of-way of a publicly maintained street; provided, however, that such refuse collection shall be done in accordance with the other provisions of this chapter. Section 31-34. Forking of debris flooded or washed upon private property. On seasonal occasions, when various types of debris from public waterways, highways or drainage systems is either flooded or washed upon residential private proper ~ ................ ~-~A~~ and whe~ has been carted to the curb line for collection by the city, the director of public works may authorize the forking of such accumulations of debris not in containers or stacked as normally required by this chapter· services shall ~- . ~,,e .......... .~ fee .... : ~ charged a disposal fee 108 109 110 111 112 113 114 115 116 117 118 through closure Section 31-38. Solid waste collection service from commercial establishments in the Resort Area during the season. In the area bounded by Rudee Inlet to the south, 42nd Street to the north, the ocean to the east, and Arctic Avenue to the west, the collection by private contractors of any commercial waste container between May 15th and September 15th of each year shall be restricted to between the hours of 6:00 a.m. and 10:00 a.m. daily. 119 120 121 122 123 124 125 126 These amendments and additions shall become effective as of October 15, 1993. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 day of May , 1993. CA-5055 \ORDIN \PROPOSED\ 31-005XX. PRO R-1 PREPARED: May 5, 1993 4 - 19 - Item II-L8. FY 1993-1994 BUDGET APPROPRIATIO~BEM #36791 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Counczl ADOPTED: Ordinance to ,4MEND and REORDAIN Section 31-61 of the Code of the City of Virginia Beach, Virginia, re refuse disposal areas. Voting: 8-3 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III,, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Robert IC Dean and John D. Moss Council Members Absent: None May 11, 1993 10 11 12 13 14 15 16 17 18 19 2O 21 AN ORDINANCE TO AMEND AND REORDAIN SECTION 31-61 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO REFUSE DISPOSAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 31-61 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 31-61. Use charges. (a) There shall be a fee of thirty-sin forty-one dollars ($~~9 $41.00) per ton, or ~ an c.w ....... twenty dollar and 50 cent ($18.00 $20.50) minimum charge for less than one ton, or any part thereof, for all sanitary solid waste, refuse, debris or garbage generated solely within the city and deposited at the city refuse disposal areas; provided however, that residents of the city depositing sanitary solid waste, refuse, debris or garbage generated solely from their households may deposit the same free of charge. (b) There shall be a fee of seventy-five cents ($0.75) per passenger and light truck tire and $5.00 per truck tire for cutting and disposing of tires at the city refuse disposal areas. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia 11 May on the day of , 1993. 24 25 26 27 CA-4907 \ORDIN\ PROPOSED \ 31-061. PRO R-2 PREPARED: March 23, 1993 - 20 - Item II-Lg. FY 1993-1994 BUDGET APPROPRIATIONS ITEM #36792 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 35-123 of the Code of the City of Virginia Beach, Virginia, re utility tax for E-911 telephone system. Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: James W. Brazier, Jr., Robert IC Dean John D. Moss and Nancy K~ Parker Council Members Absent: None May 11, 1993 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-123 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO TAXATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-123 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 35-123. Utility tax for E-911 telephone system. (a) Except where the context clearly indicates a different meaning, the following words and phrases, when used in this section, shall, for the purpose of this section, have the meanings ascribed to them as follows: (1) E-911 system. The term "E-911 system" means a telephone service which utilizes a computerized system to automatically route emergency telephone calls placed by dialing the digits "911" to the proper public safety answering point serving the jurisdiction from which the emergency telephone call was placed. An E-911 system includes selective routing of telephone calls, automatic telephone number identification, and automatic location identification performed by computers and other auxiliary control-center communications equipment. (2) Public safety answering point. The term "public safety answering point" means a communications facility operated on a twenty-four (24) hour basis which first receives E- 911 calls from persons in an E-911 service area and which may, as appropriate, directly dispatch public safety service or extend, transfer or relay E-911 calls to appropriate public safety agencies. (3) Public safety agency. The term "public safety agency" means a functional division of a public agency which provides fire-fighting, police, medical or other emergency services or a private entity which provides such services on a voluntary basis. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O (4) Local telephone service. The term "local telephone service" shall mean switched local exchange access service. (b) Pursuant to the authority granted in section 58.1-3813 of the Code of Virginia, there is hereby imposed and levied by the city upon every purchaser of local telephone service a tax in the amount of ~A--~..--~..A . .... J .... one dollar and ninety-five cents ~ $1 95 per month .for ~..~ -~--~_.~= ...... ..._.....~ ~_.---~-~.~ commenc ng~-..~ I, .... , .... ~-~:-- "-'- ~' 1992 JUly i 1993. Of this one dollar a~d ninety- five cents ($1.95} tax m~-..... ~.~ .... ...-..~-~ ~-- paid by the purchaser to the seller of local telephone service (hereinafter referred to as "seller"), thirty one cents ($Q.31) shall be for the use of the city to pay for the initial capital, installation and recurrinq maintenance costs of the E-911 system, n ...... ~-- ~ .... ~ ~""" ( $0 )pcr ' The remal~l~ Do=tion of this one dollar a~d ~i~ety-five ce~ts {$1~95} tax, i.~.. on~ dollar and sixth-four ~ts {$~64} D~id by th~ Durchas~r to th~ seller, shall be_ for the city to Day for ~alDt~nanc~, r~ga~r a~d sys~m ug~ra~e ~osts a~d sa~i~s or a portion of salaries of disDatchers or call takers p~id by the city which are directly attributable to the E-911 ~ro~ra~, (c) The ~nited States of America, the Commonwealth of Virginia, a~d th~ political subdivisions, boards, commissions, authoriti~s and other agencies thereof, are hereby exem~te~ from payment of the tax imgosed by this section. (d) The tax imgosed by this section shall not apgly to any local telephone service where a periodic bill is not rendered or to any local service that is paid for by the insertion of a coin or coins into a coin-ogerated telephone. (e) It shall be the duty of the seller, acting as the tax collecting agent of the city for purposes of this section, to add th~ amount of th~ tax impose~ under subsection (b) above to all 9eriodic bills it renders to nonexempt purchasers of local 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 telephone service. The seller shall accept remittances of tax from purchasers at the time it collects the charges for local telephone services and shall report and pay over all tax collected in any calendar month the city treasurer within sixty (60) days of the last day of each month. The seller shall also notify the city of the name and address of any purchaser who fails to pay the tax imposed by this section. (f) Each and every seller shall keep records showing all purchases of local telephone service in the city. These records must show the date of bills for local telephone service and the amount of tax appearing on each bill. These records shall be kept at the seller's offices for a period of three (3) years for inspection by the duly authorized agents of the city at reasonable times during norman business hours. The duly authorized agents of the city shall have the right, power and authority to make copies thereof. (g) Any purchaser who willfully fails, refuses or neglects to pay the tax hereby imposed by any seller shall be guilty of a Class 4 misdemeanor. (h) Whenever the tax levied by this section is collected by the seller acting as a tax collecting agent for the city in accordance with subsection (e) above, such seller shall be allowed as compensation for the collection and remittance of this tax three (3) percentum of the amount of tax due and accounted for. The seller shall deduct this compensation from the payments made to the city treasurer in accordance with subsection (e). (i) Effective July 1, 1999, the tax imposed under this section shall be reduced to one dollar and sixty-two cents ($1.62) per month. 100 101 102 103 104 105 Adopted by the Council of the city of Virginia Beach, Virginia 11 May on the day of , 1993. CA-4975 \ ORDIN \ PROPOSED \ 35-123 XX. PRO R-2 PREPARED: May 6, 1993 - 21 - Item II-L I O. FY 1993-1994 BUDGET APPROPRIATIONS ITEM #36793 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 5-11.1, 5-14, 5-17, 5-46, 5-47, 5-48, 5-49, 5-50, 5-51, 5-52, 5-53, 5-54, 5-55 and 5- 70 of the Code of the City of Virginia Beach, Virginia, re fees for animal licensing, impoundment and disposal. (effective July 1, 1993) Voting: 8-3 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III,, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Robert IC Dean and John D. Moss Council Members Absent: None May 11, 1993 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 5- 11.1, 5-14, 5-17, 5-46, 5-47, 5-48, 5-49, 5- 50, 5-51, 5-52, 5-53, 5-54, 5-55 AND 5-70 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO FEES FOR ANIMAL LICENSING, IMPOUNDMENT AND DISPOSAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 5-11.1, 5-14, 5-17, 5-46, 5-47, 5-48, 5-49, 5- 50, 5-51, 5-52, 5-53, 5-54, 5-55 and 5-70 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Section 5-11.1. Impoun4ment of mistreated animals. (a) It shall be the duty of any animal control officer of the bureau of animal control who finds any animal subject to cruel or inhumane treatment in violation of section 5-11, to take the animal into custody and impound the same at a pound or enclosure meeting the requirements of section 3.1-796.42 of the Code of Virginia. A record shall be made of the time and place of taking such animal into custody. (b) If, by a license tag or any other means, the owner of an animal impounded under this article can be identified, the superintendent of the bureau of animal control shall, within forty- eight (48) hours of such impoundment, notify the owner by telephone or mail of the impoundment of the animal. (c) Owners having animals impounded under this section shall be charged a fee of 4ke~ fifteen dollars (~v~v.vv~ $15.00), plus ~" ~ ...... ~-~ ~-~ six dollars ($6 00) for each additional day or part thereof that the animal is impounded. The payment of such fees shall not relieve the owner from prosecution for violation of section 5-11. (d) If an animal impounded under this article is not claimed by its owner within five (5) days, it shall be made available for adoption, if suitable, or disposed of~ in accordance with the 36 37 38 39 40 provisions of section 3.1-7n~Jv.42~ ~..~ ~-~- ~-~'~'~~.~~ 5-71 of this code *~ ~ ~ .... t ~ ~ ...... of ..... ~ ....... ~ 41 43 44 45 46 47 48 49 50 51 52 53 Section 5-14. Disposition of dead animals generally. The owner of any animal which has died from disease or other cause shall forthwith cremate or bury or dispose of the remains of such animal in a manner authorized by law or cause such remains to be cremated or buried or disposed of in a manner authorized by law. If the owner of such animal fails to do so, the general district court, after notice to such owner, if he can be ascertained, shall order such dead animal to be cremated or buried or disposed of in a manner authorized by law by the bureau of animal control and shall require the owners to pay the city treasurer the sum of sewe~ ten dollars ($Ju~M) $10.00) for any hog, sheep, dog, cat or goat and for any other larger animal the sum of ~"~ ~ seventy five ($44~q~9 $75.00), free from all encumbrances in favor of such owner. 54 55 56 57 58 59 Section 5-17. Fees for the impoundment of animals, generally. The bureau of animal control is hereby authorized to charge ~ -~ ix dollars (e° n~ fees of th~ s ~ .... $6.00) per day for the care of any animal impounded for any reason other than such animal being subject to cruel or inhumane treatment in violation of section 5-11 or such animal running at large in violation of section 5-67. 60 61 62 63 64 65 66 67 68 Section 5-46. Required. It shall be unlawful for any person to own a dog or cat four (4) months old or older in this city, unless such dog or cat is licensed under the provisions of this article. , Section 5-47. Application; applicant to be city resident. (a) Any person may obtain a dog or cat license by making oral or written application to the city treasurer, accompanied by the amount of the license tax and the evidence of vaccination required by section 5-51. The city treasurer shall only have authority to 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 license dogs and cats of resident owners or custodians who reside within the limits of the city, and may require information to this effect from any applicant. (b) It shall be unlawful for any person to make any false statement in or present any false evidence with an application submitted under this section, in order to secure a dog or cat license to which such person is not entitled. Section 5-48. Tax imposed. (a) A license tax is hereby imposed on dogs and cats required to be licensed under this article in the following amounts: (1) For each male dog, or cat, unneutered . . $10.00 $ 7.00 (2) For each female dog, or cat, unspayed . . 10.00 7.00 (3) For each male dog, or cat, neutered ....... 2.00 (4) For each female dog, or cat, spayed ....... 2.00 (5) Kennel of five (5) to twenty (20) dogs, or cattery of five (5) to twenty (20) cats . 35.00 25.00 (6) Kennel of twenty-one (21) or more ~oqs, or cattery of twenty-one (21) or more cats . 50.00 ~:~.vv~ (b) No license tax shall be levied under this section on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing- impaired person. For the purposes of this subsection, a "hearing dog" is a dog trained to alert its owner, by touch, to sounds of danger and sounds to which the owner should respond. (c) Any person who applies for a license tag for a neutered or spayed dog or cat shall present, at the time of application, an appropriate veterinarian's certification suitable to the city treasurer attesting to the neutering or spaying of the dog or cat. If such certification is not so represented, the dog or cat shall be taxed the fee levied on unneutered and unspayed dogs or cats. Section 5-49. When tax due and payable. The license tax on dogs and cats shall be due and payable as follows: 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 (1) On or before January first and not la~er than January thirty-first of each year, the owner of any dog or cat four (4) months old or older shall pay such tax. (2) If a dog or cat shall become four (4) months of age or come into the possession of any person from January first through October thirty-first of any year, the license tax for the current calendar year shall be paid forthwith by the owner. (3) If a dog or cat shall become four (4) months of age or come into the possession of any person from November first through December thirty-first of any year, the license tax for the succeeding calendar year shall be paid forthwith by the owner, and such license shall protect such dog or cat from the date of purchase. (4) Any person transporting a dog or cat into the city from some other jurisdiction shall comply with this section within thirty (30) days from the day he or she brings such dog or cat into the city, if such dog or cat is to be kept in the city more than thirty (30) days. Section 5-50. Failure to pay tax when due. It shall be unlawful for the owner of any dog or cat to fail to pay the tax imposed by this article when the same is due. Payment of such tax subsequent to a summons to appear before a court for failure to do so within the time required shall not operate to relieve such owner from the penalties provided for such failure. Section 5-51. Issuance, composition and contents. (a) Upon receipt of a proper application and the prescribed license tax, the city treasurer shall issue a dog or cat license; 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 provided, that no such license shall be issued fo~ any dog, or cat, unless there is presented to the city treasurer evidence satisfactory to the treasurer that the owner has complied with section 5-87 with respect to such dog or cat. (b) Each dog or cat license shall consist of a license tax receipt and a metal tag. Such receipt shall have recorded thereon the amount of the tax paid, the name and address of the owner or custodian of the dog, or cat, the date of payment, the year for which the license is issued, the serial number of the tag and whether the license is for a male, female or unsexed female dog or cat or for a kennel or cattery. The metal tag issued hereunder shall be stamped or otherwise permanently marked to show the name of the city, the sex of the dog or cat and the calendar year for which issued and shall bear a serial number. Section 5-52. Preservation and exhibition of license receipt; tag to be worn by dog or cat; exceptions. (a) A dog or cat license receipt shall be carefully preserved by the person to whom it is issued and exhibited promptly on request for inspection by any animal control officer or any police officer of the city. Dog and cat tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog or cat. The owner of the dog or cat may remove the collar and license tag required by this section when t-he ~ dog is engaged in lawful hunting; when the dog or cat is competing in a dog or cat show; when the dog or cat has a skin condition which would be exacerbated by the wearing of a collar; when the dog or cat is confined; or when the dog or cat is under the immediate control of its owner. (b) Any dog or cat not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceedings under this article, the burden of proof of the fact that such dog or cat has been licensed or is otherwise not required to bear a tag at the time shall be on the owner of the dog or cat. 170 171 172 173 Section $-53. Removal of tag. ' It shall be unlawful for a person except the owner or custodian, to remove a legally acquired license tag from a dog or cat. 174 175 176 177 178 179 180 181 182 183 184 185 186 187 1.88 189 190 191 192 193 194 195 196 Section 5-54. Duplicate tags. If a dog or cat license tag shall become lost, destroyed or stolen, the owner or custodian shall at once apply to the city treasurer for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the city treasurer that the original license tag has been lost, destroyed or stolen, the treasurer shall issue a duplicate license tag, which the owner or custodian shall immediately affix to the collar of the dog or cat. The treasurer shall endorse the number of the duplicate and the date issued on the fact of the original license receipt. The fee for a duplicate tag shall be one dollar ($1.00). Section 5-55. Records and reports; disposition of unsold tags. The city treasurer shall enter, in a dog or cat license sales record, the date of the sale of dog and cat tags, including sales to kennels and catteries, and the names and addresses of persons, in alphabetical order, to whom sold and shall keep an account of the amount of the license tax paid. The bureau of animal control shall keep a record of dog and cat tag serial numbers in numerical order. At the close of the fiscal year, an annual report of such sales shall be filed by the treasurer with the director of finance, who shall audit such records, accounts and unsold dog and cat license tags and authorize the treasurer to destroy unsold tags. 197 198 199 200 201 202 203 Section 5-70. Same--Minimum period; redemption by owner. Dogs and cats impounded under this article shall be kept for not less than five (5) days, unless sooner reclaimed by their owners. An owner reclaiming such an impounded animal shall pay a ~ $ pl ~ fee of ~^~.. fifteen dollars (15.00) us~..~ ~ar impounded and six dollars ($6.00) for each additional day or part 6 204 205 206 207 208 209 210 thereof that the animal is impounded. The payment of such fees shall not relieve the owner from prosecution for violation of section 5-67. These amendments and additions shall become effective as of July 1, 1993. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 day of May , 1993. 211 212 213 214 CA-5038 \ORDIN\PROPOSED \ 05-011ET. PRO R-3 DATE PREPARED: March 12, 1993 - 22 - Item H-L 11. FY 1993-1994 BUDGET APPROPRIATIONS ITEM #36794 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to Amend and Reordain Section 27-3.1 of the Code of Virginia Beach, Virginia, pertaining to Vehicle Escort Service and Traffic Control Voting: 8-3 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III,, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: James W.. Brazier, Jr., Robert K. Dean and John D. Moss Council Members Absent: None May 11, 1993 Requested by Mayor Meyera E. Oberndorf 10 11 12 13 14 15 16 17 18 19 2O 21 AN ORDINANCE TO AMEND AND REORDAIN SECTION 27-3.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO VEHICLE ESCORT SERVICE AND TRAFFIC CONTROL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 27-3.1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 27-3.1. vehicle escort service~ traffic control. (a) The department of police is authorized to provide police vehicle escorts and related traffic control for funeral processions, house moving and other events for which such services may be requested. (b) For vehicle escort service and traffic control for house movinq and other events for which such services may be requested, the department shall charge, for each police officer, $25.00 for the first hour, or portion thereof, and, thereafter, $12.50 for each one-half hour or portion thereof. There shall be no charge for providinq police vehicle escorts and related traffic control for funeral processions. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia 11 May on the day of , 1993. 24 25 26 27 CA-5122 ~ORDIN~PROPOSED~27-003-1. PRO R-1 PREPARED: May 6, 1993 City of Virginia Beach LESLIE L LILLEY CITY ATTORNEY MUNICIPAL CENTER VIRGINIA BEACH VA 23456 9004 (804) 427 4531 FAX (804) 426 5687 May 11, 1993 Councilman James W. Brazier, Jr. Municipal Center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilman Brazier: I am writing in response to your request for an opinion as to whether you may participate in the City Council dascussion and vote on the FY93-94 proposed operating budget for the City. Summary Conclusion: I am of the opinion that since the Conflict of Interests Act does not anticipate the personal interests of a legislator-employee regarding the transactions before a public body, you do not have a personal interest in the transaction as defined by the Act. Thus, you are permitted to participate in this matter without restriction. Notwithstanding this conclusion, I have previously advised you by letter of July 2, 1990, to follow the dictates of the Act in cases in which you will realize a reasonably foreseeable direct or indirect benefit or detriment. The facts herein indicate that it is reasonably foreseeable that you may realize a financial benefit or detriment, depending upon the decisions made by the Council with respect to the budget which includes, among other provisions, provisions regarding a merit increase and a cost-of-living adjustment. Therefore, it is my advice that you follow the dictates of the Act. Based on the fact that you are a member of a group which is affected by the transaction, i.e., all City employees, the Act provides that you may participate in the Councilman James W. Brazier, Jr. -2- May 11, 1993 Re: Request for Conflict of Interests Act Opinion discussion and vote on the budget upon disclosure and a determination by you that you can participate fairly, objectively, and in the public interest. For your information I have outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in § 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. Facts Presented: Your request for an advisory opinion is generated by the City Council discussion and vote on the City's proposed operating budget for FY93-94. The operating budget includes, among other provisions, provisions regarding a merit increase and a cost-of-living adjustment. You advise that your concern with respect to the transaction is that you are currently employed by the City of Virginia Beach as a police officer, earning a salary in excess of $10,000 and you are assigned to the Commonwealth Attorney's Office. You also are a Council member of the City of Virginia Beach, earning a salary in excess of $10,000. Issue: Are you precluded from participating in the City Council discussion and vote on the proposed operating budget for FY93-947 Discussion: I. Applicable Definitions of §2.1-639.2: A. The City Council as the legislative branch of local government is a "governmental agency" under the Act. B. As an elected governmental official, you are an "officer" within the meaning of the Act. C. As an employee of the City, you are also an "employee" within the meaning of the Act. Councilman James W. Brazier, Jr. -3- May 11, 1993 Re: Request for Conflict of Interests Act Opinion D. City Council's discussion and vote on the budget is a "transaction" as defined by the Act. A "transaction" includes any matters considered by any governmental agency on which official action is taken or contemplated. E. "Business" is defined as a corporation, partnership, sole proprietorship, firm, enterprise, franchise or association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit. Neither the City nor the City Council falls within the definition of a "business" under the Act. F. "Personal interest" is defined as a f'mancial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business 2) annual income from ownership in real or personal property or a business in excess of $10,000.00 3) salary from the use of property or prod by a business that exceeds $10,000.00 annually 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary 5) personal liability incurred or assumed on behalf of a business, which exceeds 3 % of the asset value of the business. (Emphasis added). G. A "personal interest in the transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. (Emphasis added). II. Application of Definitions: A. Personal Interest Based upon my review of the facts presented, you do not have a "personal interest" as def'med above, because you do not receive a salary from a "business." Instead, your salary is paid by the City of Vxrginia Beach which is classified under the Act as a governmental agency. B. Personal Interest in the Transaction You do not have a "personal interest", as def'med above, therefore you cannot have a "personal interest in the transaction" under the definition of the Conflict of Interests Act. Councilman James W. Brazier, Jr. -4- May 11, 1993 Re: Request for Conflict of Interests Act Opinion m. Prohibitions and Disclosure Requirements Based on the conclusion that you have no personal interest in the Council's discussion and vote on the budget, it is my opinion that you are permitted to participate in discussions of the City Council and vote on this item. As indicated in my letter to you dated July 2, 1990, the Conflict of Interests Act does not anticipate the personal interests of a legislator- employee regarding transactions before the public body. However, while you do not have a personal interest as defined by the Act, I advised that you follow the dictates of the Act in cases where you personally will realize a financial benefit or detriment as an employee of the City. Council's discussion and vote on the proposed FY93-94 operating budget could foreseeably result in a financial benefit or detriment to you since you are a City employee. Thus, it is my advice that you follow the dictates of the Act. Based on the fact that you are a member of a group which is affected by the transaction, i.e., all City employees, the Act provides that you may participate in the discussion and vote on the budget upon disclosure and a determination by you that you can participate fairly, objectively, and in the public interest. (See § 2.1-639.11(A)(2)). In the alternative, you may choose to abstain from voting and disclose any interest. Either of these may diffuse any perception problems that may arise. (See § 2.1-639.14(E)). Enclosed please find a written declaration form, should you decide to declare your interest. This disclosure form is based on § 2.1-639.14(G). This section provides that you may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. If you should desire to abstain from voting, § 2.1-639.14(E) provides that in such instances, the officer shall forthwith make disclosure of the existence of his interest and his disclosure shall be reflected in the public records for five years. The Conflict of Interests Act deals with the types of influences upon a public officer's or employee's judgment which are clearly improper. The law cannot, however, protect Councilman James W. Brazier, Jr. -5- May 11, 1993 Re: Request for Conflict of Interests Act Opinion against all appearances of improper influence. In that respect the Act places the burden on the individual officer to evaluate whether the facts presented would present an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. Please contact me should you desire any additional information. Very truly yours, Leslie City Attorney LLL/RMB/clb Enclosure City of Virginia Beach JAMES W BRAZIER JR COUNCILMAN - LYNNHAVEN BOROUGH (804) 463-4032 2304 BASTION COURT VIRGINIA BEACH VIRGINIA 23454 May 11, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virgima Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: Ii The transaction for which I am executing this written disclosure is the City Council discussion and vote on the FY93-94 proposed operating budget for the City. . I am currently employed by the City of Virginia Beach as a police officer in a position in the Commonwealth Attorney's Office. e As a City employee, I am a member of a group, i.e., City employees, the members of which are affected by the transaction. , I w~sh to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Mrs. Ruth Hodges Smith -2- May 11, 1993 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. JWBjr/clb Enclosure Sincerely, ~~}James W Brazier, Jr Councilman City of Virginia Beach LESLIE L LILLEY CllY A FTORNEY MUNICIPAL CENTER VIRGINIA BEACH VA 23456 9004 (804) 427-4531 FAX (804) 426 5687 May 11, 1993 Councilman Paul J. Lanteigne Municipal Center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilman Lanteigne: I am writing in response to your request for an opinion as to whether you may participate in the City Council discussion and vote on the FY93-94 proposed operating budget for the City. Summary Conclusion: I am of the opinion that since the Conflict of Interests Act does not anticipate the personal interests of a legislator-employee regarding the transactions before a public body, you do not have a personal interest in the transaction as defined by the Act. Furthermore, you do not have a personal interest by virtue of your wife's employment by the School Board. Thus, you are permitted to participate in this matter without restriction. Notwithstanding this conclusion, I have previously advised you by letter of July 2, 1990, to follow the dictates of the Act in cases in which you will realize a reasonably foreseeable direct or indirect benefit or detriment. The facts herein indicate that it is reasonably foreseeable that you and your wife may realize a financial benefit or detriment, depending upon the decisions made by the Council with respect to the budget which includes, among other provisions, provisions regarding salary increases for City and School Board employees. Therefore, it is my advice that you follow the dictates of the Act. Based on the fact that you are a member of a group which Councilman Paul J. Lanteigne -2- May 11, 1993 Re: Request for Conflict of Interests Act Opinion is affected by the transaction, i.e., all City employees, and that your wife is also a member of a group which is affected by the transaction, i.e., all School Board employees, the Act provides that you may participate in the discussion and vote on the budget upon disclosure and a determination by you that you can participate fairly, objectively, and in the public interest. For your information I have outlined the disclosure requirements of Section 2.1- 639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in § 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. Facts Presented: Your request for an advisory opinion is generated by the City Council discussion and vote on the City's proposed operating budget for FY93-94. The operating budget includes, among other provisions, provisions regarding salary increases for City and School Board employees. You advise that your concern with respect to the transaction is that you are currently employed by the City of Virgima Beach as a police officer, earning a salary in excess of $10,000.00 and you are assigned to the Sheriffs Office. You also are a Council member of the City of V~rginia Beach, earning a salary in excess of $10,000.00. Furthermore, your wife is employed by the Virginia Beach School Board earning a salary of less than $4,000.00 annually. Issue: Are you precluded from participating in the City Council discussion and vote on the proposed operating budget for FY93-947 Discussion: I. Applicable Definitions of §2.1-639.2: A. The City Council as the legislative "governmental agency" under the Act. branch of local government is a Councilman Paul J. Lanteigne -3- May 11, 1993 Re: Request for Conflict of Interests Act Opinion g. of the Act. As an elected governmental official, you are an "officer" within the meaning C. As an employee of the City, you and your wife are also "employees" within the meaning of the Act. D. City Council's discussion and vote on the budget is a "transaction" as defined by the Act. A "transaction" includes any matters considered by any governmental agency on which official action is taken or contemplated. E. "Business" is defined as a corporation, parmership, sole proprietorship, finn, enterprise, franchise or association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit. Neither the City nor the City Council falls within the definition of a "business" under the Act. F. "Personal interest" is defined as a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business 2) annual income from ownership in real or personal property or a business in excess of $10,000.00 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary 5) personal liability recurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. (Emphasis added). G. A "personal interest in the transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. (Emphasis added). II. Application of Definitions: A. Personal Interest Based upon my review of the facts presented, you do not have a "personal interest" as defined above, because neither you nor your wife receive a salary from a "business." Instead, your salaries are paid by the City of Virginia Beach and the Virginia Beach School Councilman Paul J. Lanteigne -4- May 11, 1993 Re: Request for Conflict of Interests Act Opinion Board, respectively, which are classified under the Act as a governmental agencies. Furthermore, your wife's salary is less than $10,000.00 annually. B. Personal Interest in the Transaction You do not have a "personal interest", as defined above, therefore you cannot have a "personal interest in the transaction" under the definition of the Conflict of Interests Act. 1II. Prohibitions and Disclosure Requirements Based on the conclusion that you have no personal interest in the Council's discussion and vote on the budget, it is my opinion that you are permitted to participate in discussions of the City Council and vote on this item. As indicated in my letter to you dated July 2, 1990, the Conflict of Interests Act does not anticipate the personal interests of a legislator- employee regarding transactions before the public body. However, while you do not have a personal interest as defined by the Act, I advised that you follow the dictates of the Act in cases where you personally will realize a financial benefit or detriment as an employee of the City. Council's discussion and vote on the proposed FY93-94 operating budget could foreseeably result in a financial benefit or detriment to you and your wife since you are a City employee, and she is a School Board employee. Thus, it is my advice that you follow the dictates of the Act. Based on the fact that you are a member of a group which is affected by the transaction, i.e., all City employees, and that your wife is also a member of a group which is affected by the transaction, i.e., all School Board employees, the Act provides that you may participate ~n the discussion and vote on the budget upon disclosure and a determination by you that you can participate fairly, objectively, and in the public interest. (See § 2.1-639.11(A)(2)). In the alternative, you may choose to abstain from voting and disclose any interest. Either of these may diffuse any perception problems that may arise. (See § 2.1-639.14(E)). Enclosed please fmd a written declaration form, should you decide to declare your interest. This disclosure form is based on § 2.1-639.14(G). This section provides that you may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. Councilman Paul J. Lanteigne -5- May 11, 1993 Re: Request for Conflict of Interests Act Opinion If you should desire to abstain from voting, § 2.1-639.14(E) provides that in such instances, the officer shall forthwith make disclosure of the existence of his interest and his disclosure shall be reflected in the public records for five years. The Conflict of Interests Act deals with the types of influences upon a public officer's or employee's judgment which are clearly improper. The law cannot, however, protect against all appearances of improper influence. In that respect the Act places the burden on the individual officer to evaluate whether the facts presented would present an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. Please contact me should you desire any additional information. Very truly yours, Lesli~ City Attorney LLL/RMB/clb Enclosure City of Virginia Beach PAUL J LANTEIGNE COUNCILMAN - PUNGO BOROUGH (804) 721-5535 4752 STONE ROAD VIRGINIA BEACH VIRGINIA 23457 May 11, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: . The transaction for which I am executing this written disclosure is the City Council discussion and vote on the FY93-94 proposed operating budget for the City. . I am currently employed by the City of Virginia Beach as a police officer in a position in the Sheriff' s Office. Furthermore, my wife is currently employed by the Virginia Beach School Board. . The City Attorney has advised me that as a City employee, I am a member of a group, i.e., City employees, the members of which are affected by the transaction. He has also advised that as a School Board employee, my wife Mrs. Ruth Hodges Smith -2- May 11, 1993 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia . is likewise a member of a group, i.e., School Board employees, the members of which are affected by the transaction. I wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, PJL/clb Enclosure Paul J. Lanteigne Councilman - 23 - Item H-I. 1Z ORDINANCES ITEM 1136795 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance pertaining to the compensation of the City Attorney. (Increased in the amount of $10,360.00 to a level of $85,000) Voting: 10-1 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Obernclorf,, Nancy K. Parker and V~ce Mayor William D. Sessorns, Jr. Council Members Yoting Nay: Paul J. Lanteigne Council Members Absent: None May 11, 1993 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY ATTORNEY 10 11 12 13 14 15 16 WHEREAS, City Council has evaluated the performance of the City Attorney; WHEREAS, City Council has also evaluated the compensation of the City Attorney and has found it to be below that of individuals in comparable positions throughout the Commonwealth; and WHEREAS, based on these evaluations, City Council has determined that an adjustment in the City Attorney's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective July 1, 1993, the salary of the City Attorney is hereby increased in the amount of $10,360 to a level of $85,000 annually. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of May , 1993 . 19 20 21 22 CA-5051 ORDIN%NONCODE%SALARY. LLL R-4 PRE PARED: MAY 13, 1993 - 24 - Item II-L 13. ORDINANCES ITEM #36796 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance pertaining to the compensation of the City Clerk. (Increased in the amount of $2,182.00 to a level of $50,686) Voting: 10-I Council Members l/bting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne Council Members Absent: None May 11, 1993 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY CLERK 10 11 12 13 14 15 WHEREAS, City Council has evaluated the performance of the City Clerk; WHEREAS, City Council has also evaluated the compensation of the City Clerk and has found it to be below that of individuals in comparable positions throughout the Commonwealth; and WHEREAS, based on these evaluations, City. Council has determined that an adjustment in the City Clerk's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective July 1, 1993, the salary of the City Clerk is hereby increased in the amount of $2,191 to a level of $50,686 annually; 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of May , 1993. 18 19 20 21 CA-5051 ORDIN%NONCODE%SALARY . RHS R-2 PRE PARED: MAY 13, 1993 - 25 - Item H-L 14. ORDINANCES ITEM #36797 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in SUPPORT of the Ordinance A MOTION was made by Councilman Moss, seconded by Council Lady Parker to ADOPT an Ordinance to AMEND and REORD~N Section 21-12 of the Code of the City of Virginia Beach, Virginia, re traffic and fees to park. Councilman Moss WITHDREW this Motion. Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council DEFERRED until the City Council Session of May 25, 1993: Ordinance to AMEND and REORDAIN Section 21-12 of the Code of the City of Virginia Beach, Virginia, re traffic and fees to park. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: Linwood O. Branch, III Council Members Absent: None May 11, 1993 - 26 - Item H-L15, ORDINANCES ITEM #36798 The following registered in OPPOSITION: Mark Hamilton, 544 Vanderbilt Avenue, Phone: 422-1238, Watercraft Club. represented the Tidewater Personal Mike Kelly, Post Office Box 5185, Phone: 464-2477, Tidewater Personal Watercraft Club. Upon motion by Councilman Dean, seconded by Councilman Brazier, City Council DEFERRED until the City Council Session of May 25, 1993: Ordinance to AMEND and REORDAIN Section 6-114 of the Code of the City of Virginia Beach, Virginia re restrictions on launching, landing, parking or stationing recreational vessels and/or watercraft in certain areas. Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndog Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Linwood O. Branch, III and Paul J. Lanteigne Council Members Absent: None May 11, 1993 - 27 - Item II-I. 16/17. ORDINANCES ITEM #36799 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the Ordinance Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to REPEAL Section 37-17 of the Code of the City of Virginia Beach and ORD~N new Section 37-17, re maximum flow and water consumption for plumbing fixtures and fixture fittings. Ordinance to AMEND Article I of Chapter 37 of the Code of the City of Virginia Beach by ADDING Section 37-17.1, establishing rebate program for the replacement of existing toilets by ultra low-flush toilets. Voting: 11-0 Council Members Voting Aye: John ,d. Baum, Linwood O. Branch, III, James gE. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None May 11, 1993 AN ORDINANCE TO REPEAL SECTION 37-17 OF THE CODE OF THE CITY OF VIRGINIA BEACH AND TO ORDAIN A NEW SECTION 37-17, PERTAINING TO MAXIMUM FLOW AND WATER CONSUMPTION FOR PLUMBING FIXTURES AND FIXTURE FITTINGS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-17 of the Code of the City of Virginia Beach, pertaining to maximum flow and water consumption for plumbing fixtures and fixture fittings, be, and hereby is, repealed· BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a new Section 37-17 be, and hereby is, ordained, and shall read as follows Bec. 37-17. Maximum flow rate or water usage for fixtures or trim. '"' In all ,,~ ~_n ..... t and v ,.,i. ,,L../.,!. ,~M, A ti ,I,./.A. & A "~ ,a,....&,, ,~nl. '~l,. ~,.,& .,i., ~..,,. ,..w Va. ql.. a. ,.,i. &l,i, 'q,i/& ,i, ,,&. ,,Z &. ,.I,. ,/'&, '~,. TM& a. '1... k.] %""1 "'"~ ~"""' ~" "" "" '" ~-' ~"'"~ I '"'"~'"~' "'~ L"'""' I &v~..., ~..L · . . . . .., . ..., flu=h ........................ 2.0 I ~ % ~%~.~.t ~-~.,~.,,,~ A,~,.,~ ,~,~,,,.,~ · "1 Aw,~,t.q ' · · · ~' " .... 4- ...... ~ -"-~ ~ ..... 4--calan-- per minute I 0 T'-'l ....... .Z "" "-' ............. , .,-- 1~ ........ : ,L... 'w,.4 J,~ ,.I. ,.i. '~M, ~.,& ka, q.,.,, m.,? a a q.A..a..I,. /,,,~ '.,,.. ',~ ,&. m.. a a '~,.,. ,i I, i ',M,, ~,,,~ '~,,.,,, .&., 33 34 35 36 37 38 39 40 41 42 43 .....~~~ ~i~ f~. ...... ~ ~f four (~) ~ ......... ~-"~"- f~"-~ ba-~- shall bc Maximum water consumption flow rates and quantities for all plumbinq fixtures and fixture fittings for which a plumbing permit is issued after July 1. 1995 s~a~ be in accordance with the ~pplicable provisions of Volume I of the Virginia Uniform Statewide Building Code. 44 45 11 Adopted by the Council of the City of Virginia Beach on the day of , 1993. 46 47 48 49 CA-93-5045 Proposed\ 37-17. orn R-2 3-22-93 AN ORDINANCE TO AMEND ARTICLE I OF CHAPTER 37 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY THE ADDITION OF A NEW SECTION 37-17.1, ESTABLISHING A REBATE PROGRAM FOR THE REPLACEMENT OF EXISTING TOILETS BY ULTRA LOW- FLUSH TOILETS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article I of Chapter 37 of the Code of the City of Virginia Beach be, and hereby is, amended by the addition of a new Section 37-17.1, pertaining to rebates for the replacement of existing toilets by ultra low-flush toilets, which shall read as follows: Sec. 37-17.1. Ultra low-flush toilets; rebates (a) The purpose of this section is to reduce demand upon the public water supply by encouFaging voluntary conservation through the use of ultra iow-flush toilets, and to that end, to provide a program of incentives for the voluntary replacement of existing toilets by ultra iow-flush toilets. (b) As used in this section, the term "ultra iow-flush toilet" shall mea~ a toilet which is designed to use no more than 1.6 gallons of water per flush. (c) Any water service customer of the Department of Public Utilities who meets the requirements set forth in subsection (d) shall receive a rebate from the ~ity in the amount of Seventy-Five Dollars ($75.00) for each to~let, other than an ultra low-flush toilet, which is replaced by such customer by an ultra iow-flush toilet. (d) The following requirements shall be met in order for any person to receive a rebate: (1) A plumbina Dermit has been obtained from the Permits and Inspections Division of the Department of Public Works 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 prior to the removal of the existing toilet and the ~Dstallation of the ultra low-flush toilet; (2) The Permits and Inspections Division of the Department of Public Works has verified that all applicable requirements o~ law pertaining to such installation have been met and that the replacement toilet is designed to use no more than 1.6 gallons of water per flush; The person entitled to the rebate has agreed to respond to subsequent surveys conducted by the Department of Public Utilities; ¢4~ The reDlacement h~s occurred at a property served by the C~tY water SuPPly system: (5) The perlmit authorizing the installation of the replacement toilet has been issued no earlier than July 1, 1993. Ce) Any person who is denied a rebate after making application therefor may appeal su~b denial by ~etter to the Director of Public Utilities, stating the reasons ~or such appeal. 51 52 Adopted by the Council of the City of Virginia Beach on the 11 May day of , 1993. 53 54 55 56 CA-93-5046 \wmordres \ 37 -17 -1. orn R-2 3-23-93 ATTACHMENT A CITY OF VIRGINIA BEACH TOILET REPLACEMENT REBATE PROGRAM The Virginia Beach Public Utilities Department is offering a Toilet Replacement Rebate Program to all customers who are served by the public water system. The program goal is to replace existing toilets with ultra-low-flush (1.6 gallon) fixtures. This program is designed to promote the use of water efficient toilets and is one part of the City's program to reduce Virginia Beach's water demand. Program highlights are as follows: Existing customers will receive $75 per toilet upon verification of installation by the Virginia Beach Permits and Inspections Division. · A plumbing permit is required for installation. The Virginia Beach Waste Management Division will pick up and dispose of the old toilet. · Surveys will be conducted to track the program success. WHAT IS IT ALL ABOUT? Saving water is on everyone's list of things to do. One easy way to save water each day is to install ultra-low- flush (ULF) toilets. With the Public Utilities Rebate Program you will not only save water, but you may also qualify for a rebate of $75 for each toilet replaced. A typical toilet in Virginia Beach that was installed before 1977 uses from 5 to 7 gallons of water per flush. Toilets that were installed after 1977 use about 3.5 gallons. An ultra-low-flush toilet uses only 1.6 gallons. For a household of three that flushes 4 times a day per person, it could mean a savings of 8700 gallons or more of water a year! By reducing your water use, you can save money on your water and sanitary sewer utility bills. What's more, you are helping the environment and decreasing the burden on water and sanitary sewer systems. HOW DO I QUALIFY FOR THE ULF REBATE? To be eligible for the rebate applicants must be water customers of the Virginia Beach Department of Public Utilities. Each toilet installed must not exceed 1.6 gallons per flush. A rebate of $75 per toilet'is available to water customers who replace existing toilets with a ULF toilet. A rebate application form must be completed to be eligible for the rebate. Application forms and information are available by contacting the Public Utilities Customer Service Division at 427-4631 or Virginia Beach Permits and Inspections Division at 427- 4211. NOTE: You will not officially qualify for the rebate until you have the ULF toilet installed and it is inspected and approved by the City. A plumbing permit is required to replace a toilet. Call the Virginia Beach Permits and Inspections Division at 427-4211 for information on how to obtain the permit. You may install the ULF toilet yourself or may choose to hire a plumbing contractor. HINT: If you plan to use a plumbing contractor to install your ULF toilet, you should verify the plumber is licensed. By participating in the Rebate Program, you agree to provide responses to questionnaires conducted by the Virginia Beach Public Utilities Department. WHEN WILL THE REBATE PROGRAM BEGIN? · July 1, 1993. IS THE PROGRAM RETROACTIVE PRIOR TO JULY 1, 19937 No. If discrepancies arise about the purchase date, you may be required to provide the original purchase receipt indicating when the ULF toilet was purchased. WHERE DO I FIND ULF TOILETS? ULF toilets are available locally at many home improvement centers and plumbing supply houses. Be sure it is an ultra-low-flush toilet (1.6 gallons per flush or less). Low-flush toilets (3.5 gallons per flush) are not eligible for the rebate. Page 3 I HAVE MORE THAN ONE TOILET IN MY HOME. AM I ELIGIBLE FOR A $75 REBATE FOR EACH TOILET I REPLACE? Yes. You are eligible for $75 rebate for every toilet you replace with a ULF toilet. WHAT DO I DO WITH MY OLD TOILET? The Virginia Beach Department of Public Works, Waste Management Division will pick up your old toilets. Arrangements may be made by calling 430-2450. Please properly store the old toilets until they are picked up. WHAT WILL THE CITY DO WITH THE OLD TOILETS? They will be crushed and used as road material at the City's landfill. HOW WILL THE CITY USE THE QUESTIONNAIRES? This is the City's way of monitoring the effectiveness of the program. It is important for us to know how satisfied you are with the new ULF toilet. For example, we will want to know if your water use habits have changed after having installed the toilet. Likewise, while we do not anticipate problems such as double flushing or clogged sewers to occur, if they do we want to know about them. The questionnaire will help us identify the potential cause of your problem. We may for instance be able to determine if a specific brand of ULF toilet causes more problems than others. In this case we may want to alert the toilet manufacturer and other perspective Rebate applicants of these problems. ON AN AVERAGE WHAT IS THE PAYBACK PERIOD FOR RETROFITTING MY HOME WITH ULF TOILETS? We estimate an average single-family residence in Virginia Beach has 3 persons in the home and 2 toilets. Assuming both toilets were replaced using ULF toilets, a daily savings of 24 gallons or 8,700 gallons or more of water per year should be expected. Using this scenario, the pay back period is approximately 4 to 5 years, depending upon the cost of each ULF toilet and the installation cost. Page 4 OTHER IMPORTANT INFORMATION One concern expressed in the use of ULF toilets is the possibility of clogged sewer lines or the need to "double flush". Studies in other cities indicate this rarely occurs. ULF toilets must meet the same standards as other toilets. They are tested and certified by independent approval agencies such as the International Association of Plumbing and Mechanical Officials or Underwriter's Laboratories. Information on toilets is available from consumer reports and other sources. The City of Virginia Beach is not responsible for any damage due to the installation of an ULF toilet, or any warranties or guarantees made by ULF manufacturers. The City of Virginia Beach reserves the right to refuse any application and determine that an application is not eligible for a rebate if the requirements are not met. The City of Virginia Beach reserves the right to terminate the Rebate Program at any time without prior notice. A Permits and Inspection Plumbing Inspector will come to your property to verify and approve the ULF toilet installation. Upon that approval the Department of Public Utilities will then process the rebate check. Checks will be mailed within 4 weeks of the inspection date Shop around. Carefully select a model that will satisfy your specific needs and conforms to the space requirements of your bathroom. 4114/93 - 28 - Item II-I. 18. ORDINANCES ITEM #36800 Michael Barrett, spoke in SUPPORT of the Ordinance Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance accepting bid of the Virginia Beach Soccer Joint Task Force; and, authorizing the City Manager to execute lease of a parcel of City- owned property (Princess Anne Park) to be utilized as a Soccer Field Complex. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None May 11, 1993 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE ACCEPTING THE BID OF THE VIRGINIA BEACH SOCCER JOINT TASK FORCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE OF A PARCEL OF CITY OWNED PROPERTY TO BE UTILIZED AS A SOCCER FIELD COMPLEX WHEREAS, the City of Virginia Beach owns a parcel of undeveloped land adjacent to the southern boundary of the developed area of Princess Anne Park identified as "Proposed Soccer Complex" on the attached map; and WHEREAS, it is further deemed desirable to enter a lease for said purpose for a period of 20 years with two options to renew for successive 10-year periods for a potential total lease term of 40 years; and WHEREAS, the property described above located at Princess Anne Park shall be used for purposes and such matters as described in the attached lease; and WHEREAS, pursuant to Section 15.1-307 of the Code of Virginia, the City, after due advertisement, received one bid from the Virginia Beach Soccer Joint Task Force for the lease of a portion of Princess Anne Park for a soccer complex. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the bid as referenced above is approved and the City Manager is hereby authorized and directed to sign and execute the attached lease for the foregoing purposes and in accordance with the provision of Section 15.1-307, et. seq., and existing city regulations and procedures. Adopted by the Council of the City of Virginia Beach, 11 May Virginia, on the day of , 1993. 30 31 32 33 CA-5105 ORDIN \NONCODE \ soccer, ord R-2 PREPARED: 05/03/93 APP~ROVED AS TO CONTENTS S~gnature Department APPROVED AS TO LEGAL SUFFICENCY AND FORM - C~ty Attorne~ U,I 0 April 6, 1993 Mr. Rick Berry Purchasing Agent city of Virginia Beach Room 321, City Hall Virginia Beach, VA 23456-9013 Re: Bid No. 1566 Dear Rick: In response to the subject bid, and on behalf of the Virginia Beach Soccer Joint Task Force, I am pleased to forward our bid proposal. I have included the "Invitation to Bid", a master phasing plan entitled sheet Cl by Greaves, Finch and Associates, a cost estimate sheet for each phase, projected dates of commencement and completion, and an executed copy of the lease. The Virginia Beach Soccer Joint Task Force is currently comprised of representatives from Beach FC, Atlantic Soccer Club, and the Virginia Beach Soccer Club. We are in the process of formulating a plan for the use and maintenance of the fields after improvements are completed. The VBSJTF commits to the requirements of the bid that we will administer the field complex and remain responsible for construction, operation, and maintenance. Should you have any questions, or need clarification of this bid, please let me know. Sincerely, · Barrett MJB/kdm Enclosures I FORM NO P,-, ' b REV 3 92 City o£ Virginia ISSUING OFFICE PURCHASING DIVISION ROOM 321 CITY HALL BUILDING VIRGINIA BEACH VIRGINIA 23456-90~13 (804) 427 4438 Runnymede Corporation Attn: Mike Barrett 2101 Parks Avenue, Suite Virginia Beach, Virginia INVITATION TO BID Bca_.¢h DATE 600 23451 THIS IS NOT AN ORDER RETURN THIS COPY BID ITEM NO 1566 CLOSING DATE 04/06/93 CLOSING TIME 02: 00p PROCUREMENT OFFICER Rick Berry ATTENTION OF BIDDERS IS DIRECTED TO SECT 11-72 TO 11-80 CODE OF VIRGINIA [CONFLICT OF INTEREST] THE CITY OF VIRGINIA BEACH RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS IN WHOLE OR IN PART AND TO WAIVE ANY INFORMALITIES IN THE BID PROCESS AND RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN ITS BEST INTEREST THE SPECIFICATIONS IN THIS BID ARE INTENDED AS A QUALITY INDICATOR AND GUIDE FOR YOUR BIDDING AND UNLESS OTHERWISE STATED THE CITY WILL CONSIDER ALTERNATE BIDS OF EQUAL OR BETTER QUALITY, WHICH SHALL BE ACCOMPANIED BY COMPLETE SPECIFICATIONS AND DESCRIPTIVE LITERATURE NET NET QUANTITY UNIT DESCRIPTION MANUFACTUPER PART NUMBER UNIT TOTAL PRICE PRICE THE CITY OF VIRGINIA BEACH WILL RECEIV] SEALED BIDS FOR THE LEASE OF APPROXIMATELY FIFTY-FIVE (55) ACRES AT PRINCESS ANNE PARK FOR THE DEVELOPMENT OF A SOCCER COMPLEX. A PRE-BID CONFERENCE WILL BE HELD AT 10:00 AM MARCH 18, 1993, IN THE PURCHASING DIVISION CONFERENCE ROOM, ROOM.310, CITY HALL BUILDING, MUNICIPAl CENTER, VIRGINIA BEACH, VIRGINIA, 23456. BIDDER SHALL PROVIDE THE BID LEASE AMOUNT PER YEAR IN THE SPACE BELOW: $ 1.00 /PER YEAR In compliance w~th th~s D~O and to all the cond~hons ~mposed here~n, the undersigned agrees to execute the contract as a result of this b~d The following seohon shall be s~gned by an agent authorized to b~nd the company Failure to execute th~s po~on may result m b~d rejecbon SHIPPING TERMS ALL PRICES QUOTED FOB VIRGINIA BEACH VIRGINIA SHIPPING CHARGES SHALL BE PREPAID AND ALLOWED WITH NOT APPT,TCART,F. DELIVERY PAYMENT TERMS N/A DELIVERY TIME (DAYS) N/A DATE 06 April 1993 AUTHORIZED AGENT / SIGNATURE Michael J. Barrett TYPE OR PRINT 422-1568 TELEPHONE # ENCLOSURES -OVRR- ANTICOLLUSION/NONDISCRIMINATION CLAUSES ANTICOLLUSION CLAUSE: IN THE PREPARATION AND SUBMISSION OF THIS BID, SAID BIDDER DID NOT EITHER DIRECTLY OR INDIRECTLY ENTER INTO ANY COMBINATION OR ARRANGEMENT WITH ANY PERSON, FIRM OR CORPORATION, OR ENTER INTO ANY AGREEMENT, PARTICIPATE IN ANY COLLUSION, OR OTHERWISE TAKE ANY ACTION IN THE RESTRAINT OF FREE, COMPETITIVE BIDDING IN VIOLATION OF THE SHERMAN ACT (15 U.S.C. SECTION 1), SECTIONS 59.1-9.1 THROUGH 59.1-9.17 OR SECTIONS 59.1-68.6 THROUGH 59.1-68.8 OF THE CODE OF VIRGINIA. THE UNDERSIGNED BIDDER HEREBY CERTIFIES THAT THIS AGREEMENT, OR ANY CLAIMS RESULTING THEREFROM, IS NOT THE RESULT OF, OR AFFECTED BY, ANY ACT OF COLLUSION WITH, OR ANY ACT OF, ANOTHER PERSON OR PERSONS, FIRM OR CORPORATION ENGAGED IN THE SAME LINE OF BUSINESS OR COMMERCE; AND, THAT NO PERSON ACTING FOR, OR EMPLOYED BY, THE CITY OF VIRGINIA BEACH HAS AN INTEREST IN, OR IS CONCERNED WITH, THIS PROPOSAL; AND, THAT NO PERSON OR PERSONS, FIRM OR CORPORATION OTHER THAN THE UNDERSIGNED, HAVE, OR ARE, INTERESTED IN THIS PROPOSAL. NONDISCRIMINATION CLAUSE: EMPLOYMENT DISCRIMINATION BY CONTRACTOR SHALL BE PROHIBITED. 1. DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS: A. THE CONTRACTOR, WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, SEX, AGE, NATIONAL ORIGIN, OR HANDICAP, EXCEPT WHERE RELIGION, SEX, AGE, NATIONAL ORIGIN OR HANDICAP IS A BONA FIDE OCCUPATIONAL QUALIFICATION REASONABLY NECESSARY TO THE NORMAL OPERATION OF THE CONTRACTOR. THE CONTRACTOR AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES SETTING FORTH THE PROVISIONS OF THIS NONDISCRIMINATION CLAUSE. B. THE CONTRACTOR, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR, WILL STATE THAT SUCH CONTRACTOR IS AN EQUAL OPPORTUNITY EMPLOYER. C. NOTICES, ADVERTISEMENTS AND SOLICITATIONS PLACED IN ACCORDANCE WITH FEDERAL LAW, RULE OR REGULATION SHALL BE DEEMED SUFFICIENT FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THIS SECTION. Name and Address of Firm: VIRGINIA BEACH SOCCER JOINT TASK FQRC~ 2101 Parks Avenue, Ste. 600 Virginia Beach, VA 23451 Telephone Number: ( 804 ) 422-15 ~ ~ Date: By: 06 Apr, il 19~3 /Signature Michael J. Barrett Printed Name President Title - 2 - VIRGINIA BEACH SOCCER COMPLEX NARRATIVE OF DESIGN The new soccer complex was designed to provide total flexibility of soccer fields by the use of pods. A pod allows space for four fields, resulting in eight possible field orientations. Periodically, all fields within the pod can be shifted to ensure longevity of playing area. The main problem of soccer fields is the goal areas are easily rutted. By utilizing the 'pod' concept; if a goal area shows extensive wear, the field border locations can either be shifted or rotated within the pod to allow the goal area to be reseeded or healed. The new soccer complex is designed so that three pods containing four fields each are placed within the 55 plus acre site. The majority of parking and traffic access is located apart from the playing fields for children's safety. The parking is also in close proximity to the future soccer stadium. A car and bus drop off area near the tournament headquarters tent is provided so that equipment and teams can be dropped off without compromising safety. Pedestrian traffic will be routed between fields by permanent 10 foot wide sidewalks, which can also be used by emergency vehicles if necessary. The complex is arranged to maintain a park like setting within the existing woods. The City of Virginia Beach will develop a playground and picnic area on the west boundary of the complex, with an additional picnic area on the east boundary. Three permanent items will be constructed in phase one; a marquis, tournament headquarters tent, and office/maintenance facility. The marquis will be designed to serve as the entrance focal point. The marquis will be replicated in miniature for tournament trophies. The "tournament headquarters tent" will be a contemporary tension tent structure and serve as headquarters for team sign ups, referees, and commercial sales area for major soccer sponsors. The office/ maintenance building will include a meeting room, mens and womens toilets, snack bar, two garages for tractors, storage area, maintenance office and a second floor vista walkway for viewing the entire complex. Future arrangements include a 5,000 seat (or larger) stadium, with a full size professional field, snack bar, mens and womens toilet, two team rooms, office snack bar and equipment storage. This facility will incorporate lighting for night games and a press box. Seating will be designed to European Standards for better observation of the entire fi, ,Id. PROPOSED SOCCER COMPLEX PRINCESS ANNE PARK VIRGINIA BEACH, VIRGINIA PREUMINARY COST ESTIMATE 1993 PHASE ONE: . Field Identification Signage (field number/sponsor's name) 13 @ $400.O0/ea. e Tournament Headquarters Tent Contemporary open tent structure 2,400 SF +/- @ $30.00/SF . Marquis Steel or laminated wood tower & flag 1 each . Maintenance/Office Building A. Toilet B. Snack Bar C. Office/Meeting Room D. Shop/garage/storage office E. Overhead walkway for viewing fields 1,012 SF @ 120.00/SF 529 SF @ $80.00/SF 529 SF @ $50.00/SF 1,012 SF @ $45.00/SF 480 SF @ $15.00/SF . Moveable Bleachers 2 sets per field 26 x 900 6. Team Benches 26 x 100 7. Goal Post 13 pairs @ 1,800.00/pair ARCHITECTURAL TOTAL Contingency 10% TOTAL $5,200.00 $72,000.00 $20,000.00 $121,440.00 $42,320.00 $26,450.00 $45,540.00 $7,200.00 $23,400.00 $2,600.00 $23,400.00 $389,550.00 $428,505.00 CIVIL ENGINEERING 8. Site Clearing 9. Rough Grading 10. Driveway Roads & Parking Area Pavement Curb Walking Path Emergency Access Road 40 acres @ $3,500.00/acre 85 acres @ .30/Sq. Yd. 21,400 SY @ $10.00 9,450 SY @ $8.00 10,500 SY @ $18.00 8,250 SY @ $8.00 $140,000.00 $123,420.00 $21,400.00 $75,600.00 $189,000.00 $66,000.00 11. 12. 13. 14. 15. Utilities - On site Storm Sewer Sanitary & Water Water Earthwork Top Soil 6' Seeding - Bermuda Erosion Control Fence Perimeter Ball Fences at fields Irrigation Per Pod Lighting one pod SUB TOTAL Contingency 10% TOTAL lump sum 110 LF X 25 170 LF x 25 40,500 CY @ $12.00 242,000 SY @ $2.70 lump sum 7,800 LF @ $13.00 1,680 LF @ $10.00 8,000 x 3 lump sum $227,500.00 $2,750.00 $4,250.00 $486,000.00 $653,400.00 $15,000.00 $101,400.00 $16,800.00 $24,000.00 $18,500.00 $2,165,020.00 $2,381,522.00 16. Utilities Off Site Sanitary Sewer Water Main SUB TOTAL Contingency 10% TOTAL 2,090 LF @ $25.00 3,230 LF @ $25.00 $52,250.00 $80,750.00 $133,000.00 $146,300.00 17. Landscap,ng $25,000.00 ~$75,000.00 PHASE TWO 18. Emergency Access Road Paved Paving Curb · PHASE THREE - REAR ENTRANCE 19. Paving 8,250 SY @ $6.00 5,000 LF @ $8.00 Contingency 20% 6,000 SY @ $10.00 Contingency 20% $49,50O.O0 $40,000.00 $107,400.00 $60,000.00 $72,000.00 PHASE THREE - STADIUM 20. European style stadium with seating for 5,000 people or more; separate toilets; offices; snack bar; team rooms; fencing; lighting; sprinkler; professional field and press box. $1,800,000.00 PR(DSECT~-D DATES (DF CO~4~_-NCEMENT AND COMPLETiC, N ! MPROVE:.[ENT 1. Site Plan Subl.~i~.r. al 2. ?hase I Improvements Grcw Gras~ 4. Open Fields Phase ! I Improvel,,,~ -_GMPLET i i lul7 199:3 i Mar-~h lgO~ ~ AuEus'. '094 1 March '996 May i996 1 Mar.~h lg, gc ~0 :September 1797 o~ th~ fund raising e~fort, if funds ar~ cem~it~e~ faa=er taa.~ anticipated, then Phase II or Ii~ ~mprovemen~a ~y co~gnce s~oner than anticipated. 2. The tima a!l,.nwed f,=r mit~_ plan rmvi~.w ~ay he longer or than .... ~ndi,aat=_d The enclosed ~heet CI entlt~ed "'~cccar Virginia ....~=acn, Virginia, Site Plan, repremmnt~ a pre~Imlnary. plan for %he dev,mlopment of the soccer complex. This facility ham h~_en specifically designed to meet the need ~'or recrea%lonal, advancmd, and select (rave) scccer for youmhs in Virginia Beach. CTT¥. OF_ V~aGIN~a Baaca DEP~RTMENT OF P~RKS ~ RECRFJtTION SOCCER COMPLEX LEASE THIS AGREEMENT OF LEASE, hereinafter "Lease", made this 6th day of ADril , 1993, by and b~tween the CITY OF VIRGINIA BEACH, a Virginia municipal corporation, (hereinafter "Landlord" or the "City"), and VIRGINIA BEACH SOCCER JOINT TASK FORCE(hereinafter "Tenant"). PREAMBLE Benefits to the City from the development of a soccer complex include the increase in availability of soccer fields, which serve the largest participatory youth sport activity in the City of Virginia Beach, and the influx of tax revenues generated by visiting teams and their families which participate in such tournaments, and the exposure of the business and life style climate of the City of Virginia Beach to promote business expansion in the City. Development of the soccer complex is viewed as beneficial to amateur athletics in the City of Virginia Beach and to economic development, also, by virtue of the availability of first class soccer field facilities which demonstrates the City's commitment to providing recreational opportunities to its citizens. Construction, operation, and maintenance costs shall be funded by the Tenant. ' The cost and staffing associated with organization, administration, coaches, managers, equipment, field and building 1 maintenance shall be borne solely by the Tenant, and the City shall not bear any cost or responsibility in connection therewith. The Tenant shall have been in operation for a significant period of time and have a demonstrated ability to successfully organize, operate, and administer youth soccer activities on a large scale; and WHEREAS, in view of the mutual benefits expected to result therefrom, the City has reviewed the master plan (includes a phasing plan and cost estimates) for soccer field development as attached hereto as Exhibit A, and has agreed to lease the property described in Exhibit B and to allow the construction of the soccer field facility by the Tenant on terms and conditions as follows: W I T N E S S E,,T H: That for and in consideration of the sum of $1.00 Dollars, the improvements identified in Exhibit A, the mutual benefits accruing or to be accrued to the above mentioned parties and other good and valuable consideration, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the following described property: ~ r See attached Exhibit B for property description. This Lease is subject to all easements and restrictions of record and the following terms and conditions: 1. TERM. The initial term of this Lease shall be twenty years and will commence upon approval by City Council and full execution of this Lease in accordance with such approval and, unless sooner terminated as hereinafter provided, shall expire on (the "initial term"). Provided further, that Tenant shall have the right to renew this Lease for two (2) successive ten (10) year terms, immediately subsequent to the initial term, provided Tenant is in substantial compliance with the covenants and obiigations of Tenant as set forth herein at the time of each such renewal. 2. TERMINATION. Landlord shall be entitled to terminate this Lease without further obligation to Tenant, in the event Tenant fails to substantially complete the facility, as set forth in the Master Plan, as approved by the City and/or in the event that Tenant abandons active use and maintenance of the Property for the purposes intended by this Lease. The term "active use" as used in this paragraph shall include (i) scheduling and conducting league play; (ii) scheduling, administering and conducting tournaments; and, (iii) regular and proper maintenance of the fields, buildings and improvements. 3. ~OMPETITIVE BIDDINC. This lease is contingent upon compliance with Sections 15.1-308 et.'seq, of the Code of Virginia, 1950, as amended, which, in part, requiring public advertisement for solicitation of invitations to bid on the terms of this lease. Any duly submitted bid must have, as the stated purpose of the lease, a description of a master plan for development of the property as an athletic field complex, a projection of the cost of . the improvements, and a projection of the commencement and completion dates for such improvements. In addition, all bids shall identify the organizations and/or interest groups represented by the bidding entity and a statement setting forth a plan of administration for use and maintenance of the fields after improvements to the facility are completed. 4. IMpROVEMENTS. It is understood and agreed ~hat the Tenant shall construct approximately fourteen (14) tournament size soccer fields on the premises. The fields may be equipped with irrigation systems,, lighting systems, limited spectator seating, and the like. In addition to the foregoing, Tenant shall construct access roads and parking areas, as may be mutually agreed upon between Landlord and Tenant. Tenant shall undertake the sole cost and responsibility for grounds and field maintenance. Tenant shall be responsible for the cost of its own improvements in accordance with the Master Plan as approved by the Landlord. Landlord may, but is not obligated to, participate in the cost of improvements on the property. Tenant hereby stipulates that within twenty-four (24) months from the date the lease is formally approved by City Council, Tenant shal1 commence construction of ali or a defined phased portion of the soccer field facility (hereinafter the "Facility"). Completion of the Facility shall be in accordance -with the construction schedule attached hereto as Exhibit C, time being of the essence. · Tenant represents that the cost and/or cost value of the Facility, when completed, shall be in the approximate range of One Million Five Hundred Thousand and 00/100 ($1,500,000.00) Dollars, to Two Million Five Hundred Thousand and 00/100 ($2,500,000.00) Dollars. 5. CITY REVIEW. The Tenant shall submit design development and construction plans to the City for prior approval prior to the various stages of design and construction in accordance ~ith the City's review guidelines and requirements. The City may require a surety and/or guaranty, in an amount set by the City and in form acceptable to the City Attorney. 6. USE OF DEMISED PREMISES. The demised premises, hereinafter "Premises" shall be used for amateur soccer and related activities only. All uses of the Premises shall be for the sole benefit of amateur soccer including but not limited to regularly scheduled league play and invitational tournaments. This provision shall not prevent tenant from scheduling occasional adult professional soccer matches or occasional adult national or regional team matches to take place at the Facility. . Tenant shall not use the Premises for any purpose other than that hereinabove set forth, nor shall it commit or permit any nuisance to be created or maintained on the Premises, nor operate or knowingly permit the operation of any illegal acts thereon. Tenant may use the Premises or allow the Premises to be .used between sunrise and 11:00 p.m. Tenant may charge admission for special events, from time to time, without prior approval of the Landlord or accountability to the Landlord for such admission receipts, except tax accounting, whenever appropriate. It is expressly understood and agreed that all activities on the Premises are solely that of the Tenant. Tenant, in no way, represents or acts on behalf of the Landlord or any department thereof. 7. LANDLORD'S OBLIGATION 70 R~PAIR. Except as 6therwise provided herein, Landlord shall have no duty whatsoever, to repair or maintain any structures, buildings, equipment, or areas of the demised premises. Tenant shall be responsible for the maintenance of the Premises, including, but not limited to, cutting grass, picking up trash, and repairs to equipment, fields and buildings that present a hazard and Tenant shall bear all expenses for said maintenance. 8. INDEMNIFICATION. Except as otherwise provided herein, Tenant shall indemnify Landlord against all liabilities, expenses, and losses incurred by Landlord as a result of (a) failure by Tenant to perform any covenant required to be performed by the Tenant hereunder; (b) any accident, injury, or damage which shall happen in or about the leased property or appurtenances thereto or resulting from the conditiun, maintenance or operation of the leased property. Tenant further agrees to defend, indemnify, and hold harmless the City of Virginia Beach, its employees, agents and -volunteers from any and all liability and/or damages for injuries to persons or damage to property arising out of the acts or omissions of the Tenant, Tenant's agents or employees under this Lease. 9. INSURANCE. Tenant agrees to maintain and show proof of commercial general liability insurance including contractual liability and products and completed operations coverages in an amount not less than $1,000,000 combined single limit to respond to such liabilities as may arise out of Tenant's operations un'er this · Agreement. 10. FIRE OR CASUALTY. Except as otherwise provided herein, in the event that the buildings or improvements on the Premises or any part thereof are damaged or destroyed by fire or other casualty, Landlord shall have no obligation to reconstruct the same. Tenant shall repair any such improvements within 12 months. 11. .LANDLORD'S RIGHT OF USE. Tenant agrees that all fields and facilities will be made available to Landlord for scheduling special events not incomgatible with the proper maintenance of the fields for soccer play. Requests shall be made in advance to Tenant and every reasonable effort shall be made by the Tenant to accommodate the City's requests. In addition, Landlord and its permitees shall have the right to use, along with Tenant, and its permitees, all restr ~o~ facilities on the Plamises for the benefit of the public whenever such facilities are open to Tenant and its permitees. Notwithstanding any contrary provision contained herein, Landlord shall be responsible for routine maintenance when exercising its rights to joint use of the property as set forth herein. Landlord retains the right of ingress and egress for itself, its agents and employees to all areas and Landlord shall have the right to enter into and upon said Premises, streets or areas adjacent thereto. Nothing contained herein shall prevent Landlord from permitting public access and use of parking lots and fields, when not otherwise in use for practices, matches, tournaments, field preparation or maintenance, for use by the public for parking and as passive recreational areas. 12. ADVERTISING, BANNERS, ETC. Except as hereinafter provided, all commercial advertising billboards shall be prohibited. The City recognizes, however, that the Tenant shall be soliciting funds from public and quasi-public sources, individuals and corporate/commercial enterprises in order to fund the development of the project. In this connection, the City recognizes that it may be beneficial, for the purpose of encouraging donations, to allow discrete commercial advertising in the form of recognition of those entities which have contributed significant sums to the development of the project. The City reserves the right to approve such recognition, which may take the form of commercial advertising, in terms of the form of such advertising, including size, color and placement of such advertising device. The City further recognizes that, from time to time, for special events or particular tournaments, one-time donations are made for that particular event. In this connection, the City shall allow banners or other temporary forms of advertisement or identification of corporate or commercial sponsors to be displayed at such tournament or event, at such locations as may be approved by the city. The restriction against billboards or other commercial advertising shall not apply to the interior of any stadium facility which may become part of the master development plan 'for the complex, as approved by the Landlord. Although the City reserves the right to approve of the size and placement of such advertising media, the City recognizes that such billboard or other commercial advertisements may be included as part of fund raising in connection with such stadium facility. 13. CONCESSIONS. The Tenant shall have the right to operate concessions from time to time at the facility for league play tournaments, other special events and the like, without responsibility or liability to remi~ any portion of the proceeds of said concessions sales proceeds to the City. The Tenant shall comply with all state and local rules, regulations and ordinances, including but not limited to Health Department regulations and vending permit regulations in connection with the operation of said concessions. 14. TRADE FIXTURES, APPLIANCES AND EOUIPMENT. All trade fixtures, furnishings, appliances, equipment and other property placed on the Premises by Tenant shall remain the property of Tenant, with the right to remove the same during the term of this Lease, subject to Tenant's responsibility to restore the property to a condition satisfactory to Landlord. 15. UTILITIES. Tenant shall pay the cost of all electricity, gas, water, sewage disposal and other utilities used upon the Premises. Any easements granted for same shall be granted only for the term of the lease. 16. ASSIGNMENT AND SUBLETTING. It is understood an~ agreed that the Lease shall not be assigned or the Premises sublet without the express written consent of Landlord. 17. ALTERATIONS AND IMPROVEMENTS. All alterations, improvements and additions to the premises shall comply with all applicable building codes, ordinances and regulations and must be approved by the Landlord herein. Any such alterations, improvements or additions shall be at the sole expense of Tenant and Tenant shall indemnify Landlord against any expense or damage to the Premises as a result thereof. 18. MEMORANDUM OF LEASE. Tenant may, at its option, cause a memorandum of this Lease to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. All expense for the preparation and recording of such memorandum of lease shall be borne by ~anant. Landlord agrees to execute such memorandum of lease upon the request of Tenant. Tenant agrees that at the termination of Lease, Tenant shall execute a release of said .memorandum. 19. NOTICES. Any notice provide for or required by this Agreement shall be deemed to have been delivered on the date that . such notice has been personally delivered or deposited in the U.S. Mail, first class, postage prepaid and addresse~ as follows: 10 To Landlord: City Manager Municipal Center Virginia Beach, VA 23456 To Tenant: Michael J. Barrett, Presdient Virginia Beach Soccer Joint Task Force 2101 Parks Avenue, Suite 600 Virginia Beach, VA 23451 20. SUCCESSORS AND ASSIGNS. The terms of this Agreement shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns, as referenced in paragraph 15 above. WITNESS the following signatures and seals. (SEAL) CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Smith CITY CLERK CITY MANAGER/AUTHORIZED DESIGNEE OF CITY MANAGER STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: VIRGINIA BEACH SOCCER JOINT TASK FORCE © , /3 / / Michael.~. Barrett, esident I, , a Notary Publi:.in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee of the City Manager pursuant to Sec. 2-154 of the City Code of the City of Virginia Beach, whose name is signed to the foregoing .writing, bearing date the day of , 1993, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 1993. My Commission Expires: 11 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: the ~ity a~d S~ate aforesaid, ~ hereby certify That . ~Y~%~_t~,~FL%4/~j~ _, President, ~/~~ ~~~uh~4~3~whose n~e is signed to~e for~going.~iting, bearin date ~e ~ day of ~ , 1993, has acknowledged the same before me in my City and State aforesaid. Given under my hand this ~day of ~ , 1993. W Nota~ Public ~ My Commission Expires: 12 (~mml __.Gl < '''j'' "'"il / F_.>q-tl P~I T '~' - 29 - Item II-L 19. ORDINANCES ITEM #36801 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to APPROPRIATE $127,710 to the Department of Mental Health, Mental Retardation and Substance Abuse FY 1992-1993 Operating Budget from various funding sources; and, appropriations be offset by $120,160 increase in federal revenue, $4,750 increase in state revenue and $2,800 increase in revenue resulting from donations. Voting: 11-0 Council Members Voting Aye: John ,4. Baton, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None May 11, 1993 AN ORDINANCE TO APPROPRIATE $127,710 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE FROM VARIOUS FUNDING SOURCES WHEREAS, the Community Services Board is responsible for the coordination and implementation of mental health, mental retardation, and substance abuse services for the City of Virginia Beach; WHEREAS, the department has accumulated a variety of new and carryover funding which require Councilmanic appropriation; 10 11 WHEREAS, the department has identified specific uses for each funding source; 12 WHEREAS, the funding requires no additional local match. 13 14 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funding in the amount of $127,710 be accepted and appropriated in the Department of Mental Health, Mental Retardation, and Substance Abuse FY 92-93 Operating Budget. 17 18 19 BE IT FURTHER ORDAINED that appropriations be offset by a $120,160 increase in federal revenue, a $4,750 increase in state revenue, and a $2,800 increase in revenue resulting from donations. 20 21 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11 day of May , 1993. 22 23 24 25 26 This ordinance shall be effective from the date of its adoption. Approved as to Content Walter C. KraDa~r, Jr. BUDGET TRANSFER OF FEDERAL REGRANT FUNDS THE FOLLOWING BUDGET ADJUSTMENT IS NEEDED TO PAY FOR RENOVATIONS IN THE SUBSTANCE ABUSE DIVISION AS DETAILED BELOW: 4118-23422-05401-0000 OFFICE SUPPLIES 4118-24422-05502-0000 ROUTINE TRAVEL 4118-23422-05508-0000 DUES AND MEMBERSHIPS 4118-23422-09130-0000 ALTERATIONS AND ADDITIONS ($974) ($350) ($132) $1,456 4118-23432-03407-0000 OTHER CONTRACTUAL SERVICES 4118-23432-09130-0000 ALTERATIONS AND ADDITIONS ($1o,874) $10,875 4118-23442-01910-0000 CONTRACTED MANPOWER 4118-23442-03407-0000 OTHER CONTRACTUAL SERVICES 4118-23442-08001-0000 LEASE/RENT EQUIPMENT 4118-23442-09130-0000 ALTERATIONS AND ADDITIONS ($11,039) ($16,911) ($6,232) $34,182 TOTAL $46,513 KIN(] E. DAVIS. COMMI,~IONE~ CO ON%V ALTH ,of VIRQI I DEPAR~ OF Mental I-Iea~h, Mental Retardatton and Substance Abuse Services MAIUNG I~O. 8OX 1797 RICHMOND. VA 23214 TEL. (804! 7~8.,1921 February 2, 1993 James P. Dully, Assistant Director Virginia Beach Community Services Board Pembroke Office Park Pembroke Six, Suite 208 Virginia Beach, Virginia 23462 Dear Jim: ~our request to retain all restricted federal balances from FY91-92 and the plan for their expenditure has been approved. Please call Susan Belcher as (804) 786-1550 if you have questions. R~Sj r/cew dully, rhs Sincerely, Rbber~ Shackelford Assistant Commissioner, Finance and Administration XC: John Draude Paul Gilding Mellie Randall VOICE,,TDID (804) 371-8977 FAX (804) 786-4146 ADDITIONAL ADMS FEDERAL SUBSTANCE FUNDING ADDITIONAL GRANT AWARD: $64327 TO BE APPROPRIATED AS FOLLOWS: 3118-3-4-13-? $64,327 4118-23413-01330-0000 TEMPORARY PROFESSIONALS 4118-23413-03407-0000 OTHER CONTRACTUAL SERVICES 4118-23413-05401-0000 OFFICE SUPPLIES 4118-23433-01330-0000 TEMPORARY PROFESSIONALS * 4118-23433-03407-0000 OTHER CONTRACTUAL SERVICES 4118-23443-03407-0000 OTHER C TRACTUAL SERVICES 4118-23443-04201-0000 CITY GARAGE CHARGES 4118-23443-05413-0000 EDUCATIONAL AND RECREATIONAL SUPPLIES 4118-23443-05501-0000 PROFESSIONAL IMPROVEMENT 4118-23443-08001-0000 LEASE/RENT OF EQUIPMENT $6,000 $9,770 $1,500 $3,500 $22,957 $9,939 $1,500 $567 $2,000 $6,594 TOTAL $64,327 * Salary expenses from existing temporary positions already budgeted in the grants consolidated fund will be charged to this grant thereby freeing up unrestricted federal revenue to be spent on other substance abuse services. No addition FTE's are required. Grantor approval have been given. KINGE DAVIS Ph D LCSW COMMISSIONER COMMONWEALTH sl/VIR, INI&.iAi ................ '-:":: DEPARTMENT OF Mental Health, Mental Retardatton and Substance Abuse Servtces February 16, 1993 MAILING ADDRESS PO BOX 1797 RICHMOND VA 23:214 TEL (804) 786-3921 Dennis I. Wool, Ph.D., Executive Director Virginia Beach Community Services Board Pembrok Six - Suite 208 Virginia Beach, Virginia 23462-2891 a~'~',~,~ '--~~"~f~ f b D The O ce o Su stance Abuse Services has recently been notified by the federal Center for Substance Abuse Treatment of the award for Federal Fiscal Year 1992, which is distributed to community services boards in State Fiscal Year 1993. Because the award increased slightly, I am pleased to announce that some extra Federal ADMS Block Grant funds are available for distribution to the Community Services Boards. The total funds were distributed using the formula for the Comprehensive Plan; the proportion set aside for IVDU was distributed based on HIV cases related to IVDU as reported by the Virginia Health Department. Based on these distribution methods, the amounts allocated for your community services board are: $10,337 IVDU $10,933 Drug $21.867 Alcohol $43,137 Total Treatment $20,600 Prevention This additional allocation should be spent by lune 30, 1993 if at all possible, and will be added to your base funding for next year. To access your treatment funds please file a Plan of Intended Use for ADMS Treatment Funds with Mellie Randall, Assistant Director for Program Planning and Consultation, Office of Substance Abuse Services by March 5, 1993. Your treatment funding plan should state specifically how these funds will be used (e.g., number of clients to be served by service type as defined in the Taxonomy, number of bed days purchased and rate, equipment and personnel assigned to site), should be congruent with the Commissioner's Guidance, the Comprehensive Plan materials filed by your community servmes board, state and federal priorities, and the federal set-asides. These funds may not be used to purchase hospital-based inpatient care; however, they may be used to purchase residential services from SARPOS vendors. You should update your Performance Contract when you file the revision for fourth quarter. VOICE'rOD (8041 371-8977 FAX 8041 7=_,6-4146 Letter to Dennis I. Wool, Ph.D., Executive Director February 16, 1993 Page 2 To access your preven~iQrl funds, please file the enclosed "Plan of Intended Use for Al)MS Funds" with William B. Porcl~, Ph.D., Human Services Program Consultant in the Office of Prevention and Promotion by March 5, 1993. Your prevention funding plan should focus on the services as defined in the Taxonomy (e.g., Prevention, Prevention Education, and Early Intervention). Priority activities are: · Parent Nurturing and Parent Support Programs · Anger Management and Conflict Resolution Programs · Career Clubs and Mentoring Programs Early Childhood Development Education, Parenting Skills Development Education, and Well Baby Education Programs for Women of Childbearing Age who are High-Risk for Substance Abuse. · Enhanced Childcare Programs for Children of Parents in Treatment. Purchasing Community Collaboration Training from the Virginia Council on Coordinating Prevention A "Fact Sheet" on specific prevention programs with contact names and phone numbers will follow this letter in the near future. Questions about the process to obtain [re~tmen. t f~nd$ should be directed to Mellie Randall at (804-786-3906). Questions about the process to obtain prevention ~nds should be directed to William Porch at (804-786-1530). S~nc}rely, /lst Ph.D. Jim Duffy Kathy Hall Joann Ackerman Robert Shackelford Rosanna Moser Robert Schmid lames C. Bumpas lohn F. Draude, Ph.D. Mellie Randall Paul Gilding Olivia Garland Harriett Russell William Porch, Ph.D. KING F_ DAVIS, Ph O LCSW COMMISSIONER COMMON VEALTH of VIRC INIA DEP,4R TMENT OF o Mental Health, Mental Retardatton and Substance Abuse Servtces MAILING ADDRESS PO BOX 1797 RICHMOND VA 23214 TEL (804) 786-3921 April 5, 1993 Dennis I. Wool, Ph.D. Executive Director Virginia Beach Community Services Board Pembloke Six, Suite 208 Virginia Beach, Virginia 23462-2891 Dear Dr. Wool: I am writing in regards to the recent year end allocation of federal ADMS funds for substance abuse treatment communicated to you in Dr. Davis' letter of February 16, 1993. When allocating these funds, the Office of Substance Abuse Services used a formula which was not consistent with the accepted population-based formula. The result is that 29 community services boards, including the Virginia Beach Community Services Board, received notification of less funding than called for by the currently accepted formula. As a result of discovering this error, the Office of Substance Abuse Services has reallocated these funds to your community services board as follows: IVDU $12 , 507 Other drug 10,407 Alcohol 20,814 Total treatment funds $43,727 There is no change in prevention funds. Please accept my apologies for this confusion. Since your board gained funds in this reallocation, it will be necessary to file a new Plan of Intended Use with Mellie Randall. Please send her your amended plan by April 16. Please remember to reflect this increase in the 4th Quarter Revision of the Performance Contract. Again, my apologies for this inconvenience. VOICE/TOD (804) 371-8977 FAX (804) 786-4146 Dennis I. Wool. Ph.D. April 5, 1993 Page 2 Sincerely, John F. Draude, Jr., Ph.D. Director, Office of Substance Abuse Services JFD: MR/1st cc: King E. Davis, Ph.D. Jim Dully Kathy Hall Robert Shackelford Rosanna Moser Robert Schmid James C. Bumpas Mellie Randall Paul Gilding D EPA R TME. VT OF ~lemal [-[ealth. Mental Retardatzon and Substance 4buse Servtces April 7, [993 MAILING AOORE$S PO lOX '797 qlCHMQNO VA 222' -' 'EL ~04~ Dennis I. Wool, Ph.D., Execuuve Director Virginia Beach Commumty Services Board Pembrok Six - Sram 208 Virginia Beach, Virgmm 23462-2891 Dear Dr. Wool- I am writing in r~gards to the recent year end allocation of federal ADMS funds for substance abuse treatment communicated to you in Dr. Davis' letter of February 16, 1993. When allocating these funds, the Office of Substance Abuse Services used a formula which was not consistent with the accepted populauon-based formula. The result is that 29 community services boards, including the Virginia Beach Community Services Board, mce~ved noufication of less funding than called for by the currently accepted formula. As a result of discovering this error, the Office of Substance Abuse Servtces has reallocated these funds to your community services board as follows (There is no change in prevention funds): IVDU $12,507 Other drag 10,407 Alcohol 20,814 Total treatment funds $,13,727 Please accept my apolog~es for this confusion. You wtll soon be notified regarding the plan you submitted based on former figures. If this increase alters your plan, please noufy Mellie Randall regarding changes. Please remember to reflect this increase in the 4th Quarter Rev[sion of the Per~brmance Contract. S~~ly, {/loire F. Draude, Ir., Ph.D., Dir~tor f Office of Substance Abuse Services IFD:MR/lst King E. Davts, Ph.D. lim Duffy Kathy Hall lames C. Bumpas Robert Shackelford Paul Gilding Mellie Randall Rosanna Moser Robert Schm~d vOICE.-', DC 30-:, 71-8977 2) 3) REVISED PLAN FOR INTENDED USE OF ADMS TREATMENT FUNDS Service Supported living arrangement for women, MICA clients, and clients in need of housing support, client loan fund #of #of Clients Service Units 6 540 bed days Residential treatment (POS) Primary Care HalfwayHouse 8 171 bed days 7 162 bed days Outpatient ( case management/ outreach for IVDU case identification - staffing at health department clinics ) 20 200 direct hours Outpatient and case manage- ment (for jail, outpatient and intensive outpatient clients) 65 800 direct hours Outpatient (psychiatric nours mr mealca[~on monitoring/consultation 32 26 direct service nours TOTAL If all of these funds are not utilized, they will be diverted into residential treatment funds. Amount $10,400 8,557 8,090 3,120 12,000 1,560 $43,727I PLAN FOR INTENDED USE OF ADMS PREVENTION FUNDS CSB: Virginia Beach Contact Person: Kathryn Hall Phone: 473-5669 le ii Describe the Need for the Proposed Prevention Activity:. e To continue reducing the barriers to treatment and recovery experienced by Project Link clients, we must provide: 1) additional residential treatment and safe housing opportunities; 2) transportation to clients; 3) total quality management training concepts to prevention specialists. Descdbe the Proposed Prevention Activity:. 1. Hire contractual temporary Educator I to assist Project Link coordinator. 2. Provide residential treatment slots. 3. Temporary housing assistance via VOA and independent living. 4. Provide transportation to clients accessing treatment. 5. Provide traintng to prevntion specialist to increase the quality of services. 3. Expected Impact: Clients respond to treatment and recovery more readily when intensive follow - up is offered. This follow - up provides women with an opportunity to be assisted and reduces non-compliance. Housing opportunities must be provided to give women in treatment, an atmosphere free from drugs and alcohol. Day care prows~on further enhances their opportunities for independence and success. Transportation needs continue to be problematic for clients accessing treatment. Further training for staff will increase the quality of services. 4. Complete the Following Information for the Proposed Prevention Activity:. Ne~ or Expa~ded I 1. Near-Educator I Para-time Temp 2. Res~denti~l Treatment Slots 3. Housing Assistax~ce 4. Training S. Transportation Coo0eraang Agencies Unrts/IndivtduaJ~ I CSB 142 Detox, Willow Oaks, Gireen Street VOA, Roeegate, Hilltop South Other Prevention Specialists in HPR 5 CSB 12 142 # New Federal ADMS Prevention Funds Intended Use ( Revised ) Contractual Services I Educator I (PTT) 35 hrsJwk x $11.51 x 16wks Housing Assistance Training Residential POS Client Transportation Educational Supplies (Video tapes) $6,446 7,087 2.000 3,000 1 ,S00 Total $20.600 MR MEDICALLY FRAGILE GRANT ORIGINAL APPROPRIATION $21912 ACTUAL AWARD $23232 ADDITIONAL AMOUNT TO BE APPROPRIATED $1320 3118-2-4-13-32 MEDICALLY FRAGILE CHILDRENS SUB-GRANT $1,320 4118-23603-05401 OFFICE SUPPLIES 4118-23603-05499 NON-CAPITALIZED EQUIPM ENT -NEW $820 $500 TOTAL $1,320 -Lrginia Commonwealth University March 17, 1993 Mr. James P. Duffy Assistant Director for Finance and Evaluation City of Virginia Beach Pembroke Office Park Pembroke Six, Suite 208 VA Beach, VA 23462-2891 Agreement Number 5-25691 Ms. Patti Phelps, Project Director at VA Beach Community Services Board Dr. Patricia Brown, Project Director at VCU Dear Mr. Duffy: Enclosed are two copies of the agreement modification between VCU and VA Beach Community Services Board executed for VCU. Please have one copy executed for VA Beach Community Services Board and return the other. If the execution of the enclosed agreement is not under your authority, please for~vard it to the appropriate individual. Sincerely, Deborah W. Valenti Research Administrator Enclosure c: Dr. Patricia Brown Office of Sponsored Programs * Box 568 * Richmond, Vtrgnnza 23298-0568 (804) 786-2824 - VOICE TDD (804) 786-0956 · FAX (804) 371-2521 AGREEMENT MODll:ICATION ! AGREEMENT NUMBER: 5-25691 DATE: March 19, 1993 PARTIES TO THE AGREEMENT: Tliis is an agreement between: Virginia Commonwealth University, hereinafter called VCU with a business address at Box 568, MCV, Richmond, VA 23298-0568 and VA Beach Community Services Board, hereinafter called Subawardee with a business address at Pembroke Office Park Pembroke Six, Suite 208, VA Beach, VA 23462-2891 PROJECT DIRECTORS: VCU: Dr. PatTicia Brown SUBAWARDEE: Ms. Patti Phelps PERIOD OF PERFORMANCE: 10/01/92 - 09/29/93 COST: Not to exceed $23,232; in total costs CHANGES: This modification provides additional funding of $15,232 per your request as outlined in the attached letter of February 16, 1993. All other terms and conditions of the original agreement remain unchanged. EXECUTION: In witness of their acceptance of the terms of this agreement, the parties have caused it to be executed by their duly authorized representatives. VIRGINIA COMMONWEALTH UNIVERSITY: VA BEACH COMMUNITY SERVICES BOARD: Herber~ B. Chermside, Director Sponsored Programs Administration ,. Date (~Fax [D~. 54600-1758) March 25, 1993 Date (Tax I.D. 54-0722061 ) COMMONWEALTH OF VIRGINIA PURCHASE REQUISITION V'iRGINIA COMMONWEALTH UNIVERSITY Virginia Commonwealth University DELIVERY 301 W. ~ St:z'eec, ADDRESS: [~, VA :~ VENDOR F.I.N. OR S.S. NUMBER VENDOR NAME & ADDRESS: MUST BE OEUVERED BY VA Beech ~ty Servzces Emrd Peabroke Office Pa~ Pembroke Six, Suite 318 VirgznJm Beach, VA 23462-2891 ~:. Jay razor, Mn.D., Director ]F"--'~ INSIDE OEUVERY YES (IF CHECKED) INVOICE TO ADDRESS: VIRGINIA COMMONWEALTH UNIVERSITY INVOICE PROCESSING DEPARTMENT UNIVERSITY BOX 327 RICHMOND, VIRGINIA 23298-0327 CONTRACT NUMBER OF.~RIFTION P.OCESS,"Q.EmO0 REQUISITION NUMBER I PAGE QuoTE REFmEN~ & DATE SHIPPINQ TERMS IMPORTANT: VENDOR INSTRUCTIONS 1. DEUVERY IS F.O.B. DESTINATION UNLESS OTHERWISE NOTED. 2, INVOICE MUST REFERENCE ABOVE REQUISITION AND TAXPAYER IDENTIFICATION (SOCIAL SECURITY OR FEDERAL IDENTIFICATION) NUMBERS IN ORDER TO FACILITATE PAYMENT. 3. COMPLETE DEUVERY ADDRESS MUST APPEAR ON THE PACKAGE. 4. SEE INSTRUCTIONS, TERMS AND CONDITIONS ON THE REVERSE SIDE. VENOOR I0 BUYER REFERENCE IWORK OROER& CRAFT CODE VENDOR NAME VA ~ch C~B, , VCU CONTACT PERSON 1 DATE PRINTED TELEPHONE UNIT PRICE ~for EX'I'ENOFJ~ PRICE 23,232 c.~om 5-25691/1452 REQUESTED BY PREPARED BY DATE AUTHORIZED BY TOTAL ~ 23,232 EQUIPMENT FUNDED BY FEDERALLY SPONSORE The equipment ctoscnbed above has been screen~ agalns! the Unwers~ty Fixm:t Asset OMB'e Circular A-t 10, and either s;m;lar ;terns were not av~ulable or ff available are not records as requ~ by the provmmne of for the requestecl ~tems' Intended use DO NOT TYPE OR WRITE IN THIS SPACE DEPARTMENT NUMBER PRE-SCHOOL KINDERGARDEN GRANT ADDITIONAL GRANT AWARD $1500 TO BE APPROPRIATED AS FOLLOWS: 3118-2-4-13-33 PRE-SCHOOL KINDERGARDEN GRANT 4118-23623-05401 OFFICE SUPPLIES 4118-23623-5412 BOOKS AND SUBSCRIPTIONS TOTAL $1,500 $500 $1,000 $1,500 DONALD ir. WIL. I. IAMS COMMONWEALTH of V:IRQINIA Department of g/btor Vehicles 2300 West Broad Street P o. lox 1741! RICHMOND, VIRGINIA January 25, 1993 Patti Phelps Commmunity Services Board Pembroke 6 Suite 218 Virginia Beach, Virginia 23462 Dear Ms. Phelps, This is to advise you that a mini-grant for $1500.00 for the Protect Our Kids in Traffic Project has been approved and you may proceed with your program as outlined in your grant application. Your Grant # is LE93-09-59009-4. A reminder that this grant is on a reimbursemeDt basis and can be used for any items in your proposal except prizes. The project must be completed by September 30th and DMV will need the following documentation when the project is final: 1. Original invoices/receipts, and 2. Copies of cancelled checks for items bought or contracted OR check numbers OR charge receipts. 3. A summary of your activities that might include: a. amount of participation b. other types of community support or sponsorship obtained c. overall outcome of event d. program evaluation summary Please refer all project information to: Greg Brown at 5745 Poplar Hall Drive, Norfolk 23502. Phone 455-3992. Mr. Brown will be asking for a report of your activities that will cover from now through March 30, 1993. I know your program will be a huge success in promoting safety and I look forward to hearing from you about this activity. Please contact me or Greg if we can be of further help. Since~rely, 'I~ Martha R. Haley A Partnership With the Public MH ONE TIME TRAINING AWARD !AWARD AMOUNT $2500 TO BE APPROPRIATED AS FOLLOWS: 3137-2-4-13-04 MHIMR GENERAL FUNDS $2,500 4137-23500-03407 - OTHER CONTRACTUAL SERVICES ACCOUNT $2,500 TOTAL $2,50Q REQUEST FOR WARRANT VIRGINIA BEACH CSB PAGE 2 Meq~al Health Services - FEDERAL M~ SeFvLces/SED C & A PATH One-time Award-Consultation & Training (FBG MH & Comm Svs/SMI) ~ube~a~ce Abuse Services - F~DERA~ Alcohol Sase ~revention Women's Drug ~ase Prevention IV Oruq women's 3,183.00 1,667.00 2,500.00 8,646.00 3,692.00 722.00 3,919.00 3,454.00 7,026.00 722.00 AMOUNT OF STATE FUNDS REQUESTED FOR THIS WARRANT: $169,533.00 One Hundred Sixty-nine Thousand Five Hundred Thirty-three Dollars & No Cents VENDOR DESCRIPTION TOTAL AMOUNT INV DATE 788990 PAYMENT 16 OF 24 169,533 02/16/93 TRANS AGENCY COST FUND ACCT PROJECT PROGRAM AMOUNT 331 788 823 05 1431 9000000 88823 9,582 331 788 824 05 1431 9000000 88824 76,022 331 788 824 05 1431 7000011 88824 5,755 331 788 839 05 1431 9000000 88839 6,847 331 788 813 05 1431 9000000 88813 26,342 331 788 820 05 1431 9000000 88820 9,454 331 788 830 05 1431 9000000 88830 0 331 788 827 99 1431 5091200 88827 1,667 331 788 837 99 1431 5093300 88837 3,183 331 788 812 99 1431 5094200 88812 8,646 331 788 814 99 1431 5094200 88814 3,692 331 788 835 99 1431 5094200 88835 722 331 788 819 99 1431 5095200 88819 3,919 331 788 821 99 1431 5095200 88821 3,454 331 788 838 99 1431 ~095200 88838 7,026 331 788 836 99 1431 5095200 88836 722 331 788 824 99 1431 5093300 88824 2,500 REQUEST FOR WARRANT DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICES DATE= February 16, 1993 SERVICES BOARD .' WARRANT PAYABLE TO: MAIL WARRANT TO.' Virqinia Beach Community Serv%cee Board Patti Phillips. Director of Finance qit¥ o~ VirGinia ~n~c~Dal Center Virainia Beach. VA 23456 FINg: 54-0722061-G This approval of a State Grant of Funds is authorized by Chapter 10, Title 37.1, Sections 37.1-194 through 37.1-200 of =he Statutes of Virginia and funded by Item 324 of the Appropriations Act. Please be advised =hat funding for the programs indica=ed has been approved and submitted to the State Comptroller for payment. Administrat%o~ 9,582.00 76,022.00 Men~al Health Services MeBtal Health Sgrvi~e~ Censqs Ma~ Incentive ~ ~ousina 5,755.00 6,847.00 Manta% Reta~dat%on .~e~v~ces *, M.e..n, ta% Ret~da.t$oq Services 0.00 ~u~$tanc~ ~buse Services - STA~ ~ubetanqe Ab~e $9rv%c9~ Alc. GgD. ~ruq Gen. 26,342.00 9,454.00 $71,266 withheld. MR Waiver reduction = $95,609. Remainder =o be withheld next payment. CONTINUED ON PAGE 2 COMMONWEALTH of DEPARTMENT OF - KINGE D^V~S.P.D LCSW Mental Health, Mental Retardation and Substance Abuse Services COMMISSIONER MAILING ADDRESS PO BOX 1797 RICHMOND, VA 23214 TEL, (804) 786-3921 February 9, 1993 Mr James P. Duffy Assistant Director Finance and Evaluation Virginia Beach CSB Pembroke Six, Suite 218 Virginia Beach, VA 23462-2891 Dear Mr. Dully: Please be advised that $169,533.00 will be transmitted to your agency by electronic funds transfer for the second semi-monthly payment for February. This deposit should be reflected in the locality's Bank record on February 16, %993. If you do not receive this amount, please notify Susan Belcher immediately. If you need additional information or have questions please call me at 786-3924 or Susan Balcher at 78~ ~454 Sincerely, Mike Casasnovas Assistant Fiscal Director MC / cw xc: Paul Gilding Susan Belcher VOICE/TOD (804) 371.8977 FAX (804) 786-4146 FEDERAL BLOCK GRANT MENTAL HEALTH CHILD AND ADOLESCENT SERVICES AWARD AMOUNT: $8000 TO BE APPROPRIATED AS FOLLOWS: 3118-3-4-13-? CHILD & ADOLESCENT GRANT FY93 $8,000 4118-23677-03103-0000 OTHER PROFESSIONAL SERVICES $8,000 TOTAL $8,000 KING E. DAVIS, Ph D, LCSW COMMISSIONER COMMON VEA L DEPARTMENT OF Mental Health, Mental Retardatwn and Substance Abuse Services MAILING ADDRESS PO BOX 1797 RICHMOND, VA 23214 TEL. (804) 786-3621 TO: Dennis I. Wool, Ph.D., Executive Director Virginia Beach Community Services Board FROM'. Russell C. Petrella, Ph.D. Director of Mental Health Services DATE: April 12, 1993 Award of One-Time Expenditures for Child & Adolescent Services The Department is pleased to advise you that $8,000 in Federal Block Grant Funds has been awarded to your Community Services Board for Fiscal Year 1993 through Fiscal Year 1994 (to be spent by September 30, 1993) as one time expenditures for respite care as per your request for funding in response to my Memo of March 1, 1993. The Department regrets that limited available funding made it impossible to fund most requests at their full amount. As I mentioned in my March 1, 1993 Memo, funds awarded would be approximately $8,000 per CSB should every board come in with a request. Thirty-two requests were received and so difficult decisions had to be made on funding amounts. Our Office and the Mental Health Planning Council reviewers were very impressed by the creative proposals submitted. Your creativity was very refreshing and exciting, and we wish we could have funded more. Please note the following instructions on how to draw down your one-time allocation and on tracking services provided. · Please complete a Form 5 ReapGrQpriations and One Time Grants and submit an original and four copies to Paul Gilding at the Department. Be sure to follow the following instructions: a · For FY 93, complete a Form 5 and indicate whether the' funds received are Federal, State General Funds, or both. VOICFjTDD (804) 371-8977 FAX (8041 786-.4146 One Time Allocations page 2 Ail funds not spent in FY 93 will be reappropriated to your community services board for use in FY 94. Instructions on ~ccess~ng reappropr~ations for FY 94 will be included in the FY 94 Performance Contract instructions. C · Please call Joel Rothenberg or Arthur Byrd at the Department (804-786-6148) with any questions on how to fill out the Form 5. 2. Please keep data for FY 93 and for FY 94 on: Services Provided Numbers of Children/Families Served Units (hours or days) of Services Provided This data is necessary because the funding is largely from the Federal Block Grant and must be accounted for. Please submit this data to Gary Macbeth at Zhe Department once expenditures have been completed, but no later than October 15, 1993. Thank you again for your creative proposals and I look fmrward to your implementing them. Please call Pamela Fitzgerald or Janet McCarthy at (804) 786-2991 should you have any questions on program implementation. RCP/gm/onetime cc: James C. Bumpas Paul Gilding Joel Rothenberg Arthur Byrd Bob Schmld Gary Macbeth Pamela Fitzgerald Janet McCarthy Diane Hall APPROPRIATION OF PURCHASES FROM THE MENTAL RETARDATION GIFT FUND PRESENT BALANCE OF GIFT FUND _(906) · $7,339 ITEMS TO BE PURCHASED: I MOTORIZED CART FOR THE HANDICAPPED I TVNCR FOR TRAINING PURPOSES TO BE APPROPRIATED AS FOLLOWS: 4906-07033-05499-0000 NON-CAPITALIZED EQUIPMENT NEW $2,300 4906-07033-7301-0000 MACHINERY AND EQUIPMENT $500 I'TOTAL $2,800I SUBSTANCE ABUSE PREVENTION SCHOLARSHIP AMOUNT: $750 TO BE APPROPRIATED AS FOLLOWS: 3137-3-4-13-06 SUBSTANCE ABUSE TREATMENT FEDERAL $750 4137-23305-05501-0000 PROFESSIONAL IMPROVEMENT $750 KING E. OAVI~$, Ph O., LC~N COMMISSIONER TO: SUBJECT COMMONWEALTH of VIRQINIA DF.J:'ARTM. ENT OF Mental Health, Mental Retardation and Substance ~'buse Service~ -;'~ ~j ?'~",-.,.,.,~."' ~"~ P.O BOX 1797 ' ' ' ,' '~ ~ . ~'~,.~< RICHMONO. VA 23214 March 22, 1993 ' - '"--- i'.._, ;,-:.':- ..., 3/ ~.,7-';, -'", ....,, .) Community Service Board Execut e Director~ King Davis, Ph.D. Commissioner~ / Fourth Biennial Conference on Community Research and Action, Division 27 of the American Psychological Association Attached you will find program highlights and registration information on the Fourth Biennial Conference on Community Research and Action to be held at William and Mary College, June 16-19, 1993. The Conference is being co-sponsored by the Office of Prevention and Children's Resources. We are pleased to inform you that each Community Service Board is being awarded a $750.00 scholarship from the Office of Prevention and Children's Resources so that prevention personnel from each Community Service Board can attend. In addition to prevention oriented workshops such as "Life Skills Program for Adolescents", "Evaluating Primary Prevention", and "Adolescent Pregnancy Prevention", there will be an opportunity for prevention personnel to participate in one of two special training workshops. These two training workshops are being conducted by nationally known experts in the field of prevention. Ricardo F. Munoz, Ph.D. will be leading a training workshop titled "The Prevention of Depression: Current Methods and Future Directions" and Richard Price, Ph.D. wily be conducting a training workshop titled "Primary Prevention for the Unemployed: The JOBS Program." Continuing education credits will be available for these training workshops. Community Service Board prevention personnel will pay only one half the cost for these trainings listed on the registration form. For example, Dr. Munoz's workshop will cost CSB prevention personnel $20.00 rather than $40.00. VOICF./TDD (8041 371-8977 FAX (804) 788-4146 CSB Execu=ive Directors Page 2 March 22, 1993 In order to access ~he $750.00 scholarship, include ~he amoun= in your four=h quarter revision of your performance contrac=. Questions regarding ~he conference should be directed William B. Porch, Ph.D. a= (804-786-1530). cc: Rosanna Moser Joe Galano, Ph.D. Olivia Garland Harriet Russell William Porch, Ph.D. CSB Preven=ion Con=acts A RESOLUTION TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A SEWER COST PARTICIPATION AGREEMENT 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 WHEREAS, Baymark Construction Company, hereinafter referred to as "Owner", is desirous of improving certain property in Park Place subdivision in the Princess Anne Borough in accordance with the terms and conditions of the City ordinances; WHEREAS, in order for the Owner to provide sewer service to the project area, it is necessary for Owner to construct certain sewer facilities; WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to customers other than those within the project limits and to prevent the City from incurring additional costs at a later date; WHEREAS, the City desires to enter into a cost participation agreement with the City's share of costs at $155,810.40. WHEREAS, funding for the City's cost is available from Project 6-018, Various Sewer Projects - Phase II. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute a sewer cost participation agreement with Baymark Construction Company for the construction of sewer facilities. Said proposed agreements are hereby attached and approved. This ordinance shall be effective on the date of its adoption. Virginia on the Adopted by the Council of the City of Virginia Beach, 11 day of May , 1993. 30 31 32 33 34 35 APPROVED AS ~O CONTENT: Clarence Warnsta~,~ Director Department of Public Utilities CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT {SEWER) THIS AGREEMENT, Hade this ,~ day of /v~.4~ , 1993, by and between Baymark Construction Company hereinafter referred to as "Owner', and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City". WHEREAS, Owner is seized in fee simple of property known as Park Place Subdivision ; and WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide sewer service to this Project, it is necessary for Owner to construct certain sewer facilities; and WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in providing service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sewer system {hereinafter the "System"} according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of $ ONE HUNDRED FIFTY-FIVE THOUSAND, EIGHT HUNDRED TEN AND 40 CENTS {$155,810.40) after successful completion of the System and acceptance thereof by the City in accordance with approved plans. 3. The City shall have the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to sewer connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction and/or installation of the System providing that any such liability does not arise out of the City's negligence. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claims. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA ATTEST: City Clerk ATTEST: Secretary (SEAL) (SEAL) BY City Manager/Authorized Designee of the City Manager DATE DATE ,,~'"' ~ -~ APPROVED AS TO CONTENTS: Dep~rtment of-P~bl ic ~ ities APPROVED AS TO FORM: City(Ji~torney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: CITY OF ~)lr~lrll~L ~)¢.ZI~ I, ~q,~ ~L~,)~,lfl~lffl , a Notary Public in and for the City and State aforesaid, do hereby certify that ~~ ~ ~~fl and , President of ~~~ ~~ ~ ts signed to the writing above, bearing date of ~-~ ~5 whose name has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of ~ , 1993. My Commission Expires I STATE OF - ~' Notary-Pdbl ic I, ~n~o, ~1~ ~JL4rL~ , a Notary Public in and for the City and State aforesaid, do hereby certify that and , Secretary of is signed to the writing above, bearing date of the same before me in my City and State aforesaid. Given under my hand this ~~ day of My Co~ission Expires ~t~ ~b, t4q~ . whose name has acknowledged , 1993. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by , City Hanager/Authorized Designee of the City l~anager, of the City of Virginia Beach, this day of , lgg3. Notary Public Hy Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, this day of , lgg3. Notary Publ i c I~y Commission Expires: 02/93 Seatack SALTY MAR,~C~ 8ERKNOR ~C CT rAPPANZEE ;////~ Red Wtn9 / GC OFF-SITE WATER BENEFIT AREA ANIPHIBIO~ Nature Trads (Proposed) )ORATE JSTRIAL, -,-- RO Re~ Wing Park ON-SITE WATER BENEFIT AREA DAM RD EXHIBIT SHOWING PARK PLACE -'",a - AND I CEDI L9-302 MLS 4/8/93 SCALE: 1" = 1600' A RESOLUTION TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A WATER COST PARTICIPATION AGREEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Baymark Construction Company, hereinafter referred to as "Owner" is desirous of improving certain property in Park Place subdivision in the Princess Anne Borough in accordance with the terms and conditions of the City ordinances; WHEREAS, in order for the Owner to provide water service to the project area, it is necessary for Owner to construct certain water facilities; WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to customers other than those within the project limits and to prevent the City from incurring additional costs at a later date; WHEREAS, the City desires to enter into a cost participation agreement with the City's share of costs at $2,300. WHEREAS, funding for the City's cost is available from Project 5-071, Water Request and Agreement Projects - Phase II. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute a water cost participation agreement with Baymark Construction Company for the construction of water facilities. Said proposed agreements are hereby attached and approved. This ordinance shall be effective on the date of its adoption. Virginia on the Adopted by the Council of the City of Virginia Beach, day of , 1993. 29 30 31 32 33 34 APPROVED AS ~O CONTENT: Clarence Warnsta~f, Director Department of Public Utilities CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT {WATER). THIS AGREEMENT, Made this day of flf~-~- ~ between BAYMARK CONSTRUCTION COMPANY , 1993, by and hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City. WHEREAS, Owner is seized in fee simple of PROPERTY KNOWN AS PARK PLACE SUBDIVISION ; and WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide water service to this Project, it is necessary for Owner to construct certain water facilities; and WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in providing service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that; 1. Owner shall construct a water system {hereinafter the "System") according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of TWO THOUSAND THREE HUNDRED AND O0 CENTS {$2,300.00) after successful completion of the System and acceptance thereof by the City in accordance with the approved plans. 3. The City shall have the right at any time to make, connect, or permit the connection of any other water facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to water connections, water mains, valves, fittings and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction, and/or installation of the system providing that any such liability does not arise out of the City's negligence. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claim. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA BY City I~anager/Authorized Designee of the City I~anager DATE ATTEST (SEAL} City Clerk ATTEST: Secretary (SEAL) President APPROVED AS TO CONTENTS: Department of Publi~qJUtil ities APPROVED AS TO FORII: ~:it~ttorney s Offic~ CERTIFIED AS TO AVAILABILITY OF FUNDS: Department of Finand'~ ~ox) CITY OF and State aforesaid, do hereby certify that , a Notary Public in and for the City and , President of i~m,~&~'~ £yy~ (l~rl~ ~/- whose name is signed to the writing above, bearing date of has acknowl edged the same before me in my City and State aforesaid. Given under my hand this 1-14~ day of ~ ,1993. Hy Commission Expires Ou,t~ 3b, Iqqv~ · ' 'l~otary- I~ubl i c STATE OF O;Ir~in'll:l I, ~jjn~h/k ,~LM ~LIrL~fll , a Notary Public in and for the City and State aforesaid, do hereby certify that and , Secretary of [~U~ylg /~/dF).R~ /ny~rP whose name I' is signed to the writing above, bearing date of ~'~l'q 5 has acknowledged the same before me in my City and State aforesaid. Given under my hand this /~t4t~ day of i~/Jty Hy Commission Expires {~U4rIY~ ;SDJ I qF../.~ ! - ,1993. --~- N6tary Pu~bl ic - 31 - Item II-J.2. RESOLUTIONS ITEM #36805 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Resolution directing the Planning Commission study and forward its recommendation to the City Council re proposed amendments to the Site Plan and Subdivision Ordinances. Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: Robert K. Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy I~ Parker Council Members Absent: None May 11, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO STUDY AND FORWARD ITS RECOMMENDATION TO THE CITY COUNCIL CONCERNING PROPOSED AMENDMENTS TO THE SITE PLAN AND SUBDIVISION ORDINANCES WHEREAS, the City Council has adopted a Storm Water Management Utility Ordinance; WHEREAS, utility charges pursuant to the Ordinance will be calculated by multiplying the Equivalent Residential Unit (ERU) by the utility rate established by City Council; WHEREAS, each Equivalent Residential Unit ERU) equals 2,269 square feet of impervious surface area; and WHEREAS, the City Council desires to amend the Site Plan and Subdivision Ordinances so as to require that information pertaining to the number of ERU's on certain parcels be contained on site plans and subdivision plats. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission is hereby directed to study the proposed amendments to the Subdivision Ordinance and the Site Plan Ordinance which are attached hereto and to forward its recommenda- tion concerning same to the City Council. 24 25 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON THE 11 DAY OF May , 1993. 26 27 28 CA-5088 ORD I N \ NON COD E \ S I TES UB. RES R-1 10 11 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 1.1, 1.2, 1.3, 1.4 AND 6.3 OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 1.1, 1.2, 1.3, 1.4 and 6.3 of the Subdivision Ordinance of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Section 1.1. ERU. Equivalent Residential Unit or ERU means the equivalent 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 impervious area of a single family residential developed property per dwelling unit located within the city based on the statistical average horizontal impervious area of a single family residence in the city. An Equivalent Residential Unit (ERU) equals 2,269 square feet of impervious surface area. Section 1.2. Planning Director. The director of the department of planning or his designee. Section... ~ · 1.3. Street. A vehicular way (which may also serve, in part, as a way for pedestrian and bicycle traffic) whether called street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, alley, mall, bikeway or otherwise designated. (a) Arterial or major streets or highways are used by or designated primarily for fast or heavy traffic, and for the purpose of these regulations shall be considered to be as shown in any comprehensive plan or element thereof designating such arterial or major streets or highways officially adopted by city council. (b) Collector streets are used primarily to carry traffic from minor streets to arterial or major streets or highways. (c) Minor streets are used primarily for access to abutting properties, and include marginal access streets, which are 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 generally parallel and adjacent to arterial streets or highways, serve abutting properties and provide protection from friction with through traffic. (d) Marginal access streets are used to separate local traffic from through traffic on an adjacent thoroughfare and to provide controlled ingress to and egress from through traffic. (e) Alleys are minor ways used primarily for vehicular access to the rear or side of properties otherwise abutting a street. (f) Bikeways are any road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared by other transportation modes· Section :.Z ~.4. Subdivision. The division of any parcel of land into two (2) or more lots or parcels for immediate or future transfer of ownership or building development. The term shall be construed to include all changes in lot lines, the creation of new lots involving any division of an existing lot or lots, or if a new street is involved in such division, any division of a parcel of land, and when appropriate to context, the process of subdividing or the territory subdivided. To expedite two (2) lot subdivisions, the subdivision shall only be reviewed by the department of planning and public works, and where applicable, the health department. Section 6.3. Final plats and data. The final subdivision plat shall be prepared by a certified civil engineer or land surveyor in ink on an approved durable tracing medium at a scale of 1" = 100' unless a different scale is approved by general rule for classes of cases or by the planning director in a particular case. All original tracings shall be presented between the following sizes: 8½" x 11" and 18" x 24". Lettering shall be no less than one-tenth inch or 2.54 mm. in 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 height. Lettering and line weight shall be no less than .050 inches or .3302 mm. Letter and line spacing for control pencil drawings shall be no less than .050 inches and for ink drawings no less than .040 inches. When more than one sheet is required, all sheets shall be numbered and of the same size, with match marks to guide preparation if composite maps, and an index map on a sheet of the same size as the sectional maps shall be filed, which shall show, among other things, sectional map numbers, all lot and block numbers, and street names. In addition, a small scale location map showing the property shall be required. The final plat shall show the following data, and shall be completed and processed as indicated: (a) Subdivision name, date plat was prepared, graphic scale and north arrow. (b) A certificate endorsed by a certified civil engineer or land surveyor indicating source of title of the owner of the land subdivided and place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source, outlines of the several tracts shall be indicated on the plat. The certificate shall further state that the subdivision is entirely within lands owned by the subdivider and that monuments shown on the plat have been put in place and that their location and character are correctly shown. (c)Protective covenants in form for recording. (d) Each plat or deed of dedication to which the plat is attached shall contain a statement as follows: "The platting or dedication of the following described land (here insert correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned (indicate owners, proprietors and trustees, if any)..." This statement shall be signed by such persons and acknowledged before an officer authorized to take acknowledgement of deeds. When thus executed and acknowledged, such plat, upon final approval 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 and in accord with other provisions specified herein, shall be filed and recorded in the office of the clerk of the circuit court of the city. (e) On the face of the plat, a place shall be prepared to receive the signature, with date, of the planning director and other affected agencies, which signature, when affixed, shall indicate approval of the final plat. A place shall also be prepared to receive the signature and seal for the clerk of the circuit court of the city. All required signatures shall be in a durable ink. (f) All linear and angular dimensions for locating boundaries of the subdivisions, lots, streets, alleys, public and private easements. Linear dimensions shall be expressed in feet and hundredths of a foot. Angular measurements shall be expressed by bearings. All curve data shall be expressed by a curve table on the face of the plat, each curve being tabulated and numbered to correspond with the respective numbered curves shown throughout the plat. Dimensions, both linear and angular, shall be determined by an accurate control survey in the field which shall be checked for closure and must balance and close within 1 to 10,000. Horizontal control shall be based on the Virginia Coordinate Grid System in a coordinate table located on the face of the plat. No plat showing plus or minus distance will be approved. Plan and profile sheets shall be provided on all new streets and underground utilities, as required by specifications of the department of public works or department of public utilities, as approved by the council of the City of Virginia Beach. The director of public works or director of public utilities may require such office and field checks, respectively, as necessary to assure the accuracy of the plat. (g) Description and location of all monuments. 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 (h) The boundary of the property being subdivided, names of all proposed streets, and boundaries of all property within the subdivision intended to be dedicated to public use. In resubdivisions of existing recorded lots, existing lot lines shall be shown by dotted lines, resubdivisions by full lines. The map book and page number of property being resubdivided shall be specified. (i) Exact lengths and bearings of boundary lines of blocks, public grounds, streets, alleys and existing locations of all easements. (k) Angles of departure of adjoining property, street and alley lines, with names of abutting recorded subdivisions. Unsubdivided abutting acreage property shall be designated by the names of owners with deed book reference. (1) Widths and names of abutting or adjoining roads, streets and alleys. (m) A definite bearing and distance tie shall be shown between not less than two (2) permanent boundaries on the exterior boundary of the subdivision, and to existing street intersections where possible and reasonably convenient. (n) Exact length and bearing of all lot lines, provided that where lines in any rectangular tier of lots are parallel, it shall be sufficient to mark the bearings for the outer lines thereof. (o) Designating symbols for all lots and blocks. If the finished plat consists of one section of a proposed larger subdivision, then the block numbers shall run consecutively throughout the several sections of the entire subdivision and each section shall be designated by letter or number. All lots in each block shall be consecutively lettered or numbered. (p) All plats of property abutting on or containing any natural or artificial bodies of water shall show the 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 approximate high water lines, bulkhead and pierhead lines, if officially established, top to bank and toe of slope, and where such lines are intersected by lot or block lines, measurements locating such intersections shall be given along such lot or block lines. (q) When any subdivision plat or map is presented for recordation, in addition to the requirements now in effect, there shall be added the name of the borough in which said property is located and the source of title of the immediate grantor. (r) Each final plat in any agricultural district shall contain a statement as follows: "THIS SUBDIVISION IS LOCATED IN AN AGRICULTURAL DISTRICT AND MAY BE SUBJECT TO NOISE, DUST, ODOR, CHEMICAL SPRAYING, AND THE LIKE AS THE RESULT OF THE RAISING OF CROPS AND LIVESTOCK ON NEARBY PROPERTY." (s) The tax map reference number or geographic parcel identification number (GPIN #) for each lot and/or parcel being created or referenced by the plat. (t) Where Chesapeake Bay Preservation Areas lie within a subdivision, the following materials shall also be required, unless waived as unnecessary by the planning director or previously submitted in conjunction with preliminary subdivision review: (1) A survey of environmental features; (2) A landscape plan; (3) A stormwater management plan; (4) An erosion and sediment control plan; and (5) A water quality impact assessment, if required by Section 109 of the Chesapeake Bay Preservation Area Ordinance [Appendix F]. The materials set forth in (1) through (5) hereinabove shall contain all of the information required by section 110 of the Chesapeake Bay Preservation Area Ordinance [Appendix F]. 206 207 208 209 210 211 212 213 214 215 216 217 218 (u) Every final plat of a subdivision containing any land located in a Chesapeake Bay Preservation Area shall state as follows: "ALL OR A PORTION OF THIS SUBDIVISION IS LOCATED IN A CHESAPEAKE BAY PRESERVATION AREA AND IS SUBJECT TO THE PROVISIONS OF THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE". (v) Every final plat of a subdivision containing any land located in a Chesapeake Bay Preservation Area shall delineate the boundaries of all resource protection areas, resource management areas, intensely developed areas and reserve sewage disposal drainfield sites as required by section 108 of the Chesapeake Bay Preservation Area Ordinance [Appendix F]. 219 220 221 222 (w) The Equivalent Residential Unit (ERU) calculations for existing horizontal impervious area for each proposed lot or parcel, rounded to the nearest tenth (0.1), must be provided. 223 224 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1993. 225 226 227 228 CA-5076 \ORDIN\ PROPOSED \ 47-01-1ET. PRO R-3 PREPARED: April 26, 1993 APPROVED. AS TO DEPAI~¥MENT APPROVED AS TO LEGAL , , SUFFICIENCY AND FORM AN ORDINANCE TO AMEND AND REORDAIN / C'ITY ATTORNEY /'~'73 SECTIONS 1 AND 4 OF THE SITE PLAN ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 1 and 4 of the Site Plan Ordinance of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Seo. ~. Definitions. 1.1. City agent. The division of engineering, department of public works, hereinafter referred to as the city agent, is hereby charged with responsibility for coordinating the processing of site development plans. Accordingly, the city engineer is granted the authority necessary to coordinate the review process; and each city agency's review comments are to be made in writing in such form and following such procedure as may be prescribed by the city engineer, and shall be made a part of the permanent site development plan application record. Provided, however, that this grant of authority shall not be construed to give to the city engineer a veto over any other city agency's review comments, insofar as the comments relate directly to their operating functions as defined by the City Code. Whenever necessary, the office of the city manager shall arbitrate inter- agency conflicts. 1.2. Adequate. The term adequate shall mean standards and/or specifications as set forth in recognized engineering codes and regulations, as approved and recognized by national engineering organizations, except where such standards conflict with the standards and specifications of the department of public works, as approved by the council of the city of Virginia Beach, in which case the latter shall control. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 1.3 Agricultural use. Shall mean any use devoted to the bona fide production for sale of plants and animals useful to man, as more specifically defined in section 58-769.5 of the Code of Virginia, as amended, and under those uniform standards as may be prescribed by the commissioner of agriculture and commerce, or those uses devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government. 1.4. Developer. Any person who desires or intends to improve or construct any improvement upon property as described, defined, and covered by this ordinance. 1.5. Dwelling unit. A "dwelling unit" is a room or rooms connected together, constituting an independent housekeeping unit for a family, and containing a single kitchen. 1.6. Dwelling, one-family. A building containing one dwelling unit. The term is general, including such specialized forms as one-family detached, one-family semi-detached, and one-family attached (row houses, townhouses, patio houses, and the like). Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of temporary or portable housing are not included with the definition. 1.7. Dwelling, two-family. A building containing only two (2) dwelling units. 1.8. Dwelling, multiple-family. A building or group of buildings, other than a hotel, each building containing three (3) or more dwelling units. 1.9. Equivalent Residential Unit (ERU). The equivalent impervious area of a single family residential developed property per dwelling unit located within the city based on the statistical average horizontal impervious area of a sinqle family residence in the city. An Equivalent Residential Unit (ERU) equals 2,269 square feet of impervious surface area. I.~ 1.10 Gross acreage. The total area measured in acres within the boundaries of a zoning lot. The area of a zoning lot 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 shall be the total area within the lot lines of the zoning lot, including utility easements but exclusive of rights-of-way for ingress or egress in favor of others, of easements for major drainage channels, and of major bodies of water. 1.I0 1.11. Landscape design. The planned treatment of land, structures and flora complementing building construction or land development. I.II 1.12. Parcel. A piece, parcel, lot, tract or site or other dimension of land. " "~ 1 13 Planning director The director of the department of planning or his duly authorized designee. 1.13 1.14. Site development plan. Detailed drawings indicating all building construction and land improvements including landscape treatments which may be required by the zoning ordinance, or in accordance with any city council action taken pursuant thereto, or by any other ordinance of the City of Virginia Beach. ~ 1.15. Zoning lot. A lot or any portion thereof, or contiguous lots of the same ownership within a single zoning district which are to be used, developed or built upon as a unit. 1.15 1.16. Undeveloped property. Either vacant land, or land with a building, the existing use of which differs from its present zoning district classification, or the existing use of which is proposed for a change of occupancy. 92 93 94 95 96 97 98 99 100 101 102 Sec. 4. Information required on site development plan. 4.1. Nine (9) copies of a site plan, prepared, stamped and endorsed by a registered engineer, surveyor or other persons duly licensed by the Commonwealth of Virginia to practice as such, shall be submitted with every application for approval, and shall contain the following information: A. Property and ownership information: 1. A location map at a scale of not less than one inch equals 1,600 feet with the site plan clearly marked on the location map identifying the location of the property; 3 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 Be 2. Present recorded property owner and map book and page reference and deed book and page reference of the site property; 3. Owners, lot numbers and map book/page reference of all adjacent properties; 4. A boundary survey of the parcel prepared at a scale of one inch equals fifty (50) feet or larger; no sheet shall exceed 24 x 36 inches in size. The survey shall include the acreage and/or square footage of the site and indicate all boundaries by course and distance; 5. Iron pins ~ inch in diameter and 36 inches in length shall be shown and installed at all lot corners, points of tangents and any angle point along a given course of the parcel; 6. All property information shall be certified by the engineer or surveyor of the project; 7. Existing zoning; 8. Geographical parcel identification number. Existing and required site features and improvements: 1. Streets and easements, their names, rights-of-way status (public or private), numbers and widths. Type (class) and width of pavement, curbs, and sidewalks. 2. All property line and property line curve data or centerline and centerline curve data including radius, delta angle, length of arc, chord and tangent shall be shown on the site development plan. 3. Utilities of all types. 4. The topographic survey, showing the elevation of streets, alleys, buildings, structures, water courses and their names. The topography shall be shown by adequate spot elevations. The finished grade for the entire site shall be shown and the proposed first floor elevation of all buildings (except for garages and storage areas which shall be located at or above the one-hundred-year flood elevation) shall be a minimum of one foot above the 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 · elevation of (a) the flood water of record or (b) the intermediate flood level as determined by the U.S. Army Corps of Engineers or (c) the flood level as determined by the department of public works, whichever is greater. All elevations shall be certified and referenced to National Ocean Survey (USC and GS) datum 0.00 mean sea level. All horizontal dimensions shown on the site development plan shall be in feet and decimals of a foot. All bearings in degrees, minutes and seconds. Additionally, on all residential site plans (single- family, two-family, duplex and townhouses) the following information must be provided: a. The following statements shall appear on the site plan: (1) "The lot grading on this plan is in accordance with the latest subdivision construction plan submitted to and approved by the city engineer on (indicate date of approval)." (2) "The lowest finished floor elevation shown is one foot above the one-hundred-year floodplain as adopted by the City of Virginia Beach." (Exception--detached residential garages and storage areas shall be located at or above the one-hundred-year flood elevation.) (3) The elevation of the curb (if existing or proposed) in front of each lot shall be indicated. (4) Elevations of the top of bank and toe of slope and limits of fill necessary to construct the dwelling unit, including access, shall be indicated. Number of floors, dimensions, and location of each building and proposed use for each building shall be indicated. If a multi-family, townhouse, or hotel development is submitted, a specific schedule showing the 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 · · · · following information shall be included on the face of the plan: a. The dwelling units and/or lodging units per gross acre of the project; b. Breakdown of the number of bedrooms; c. Percent of parcel devoted to recreation. Provided further, if the breakdown of number of bedrooms should change prior to the issuance of a building permit, the builder or developer shall notify the city agent by letter of such change; if the number of units does not increase and if the dimensions or position of the building structures do not change then additional site plan approval will not be necessary. All off-street parking and parking bays, loading spaces and walkways indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule or the face of the site plan showing the number of parking spaces provided and the number required in accordance with the Virginia Beach zoning ordinance. Existing and proposed storm drainage easements and the direction of drainage flow in streets, storm sewers, valley gutters, streams and ditches. Indicate all contributing areas in acres for storm drainage calculations. Drainage area maps and drainage calculations shall be submitted to the city agent upon request. All existing and proposed water, sanitary sewer facilities indicating pipe sizes, types and grades shall be shown. Connections into existing or proposed central water and sewer systems shall be shown. Provision and schedule for the adequate control of erosion and sedimentation shall be in accordance with article III of chapter 30 of the Code of the City of Virginia Beach (City Code Sections 30-56 through 30-78). 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 10. Landscape design and land use buffer plan in accordance with the design standards of the department of planning, as approved by the council of the City of Virginia Beach, shall be required. Where Chesapeake Bay Preservation Areas are located on a site, landscaping design and buffer area plans shall be in accordance with Section 110 of the Chesapeake Bay Preservation Area Ordinance. 11. A definite distance tie to an existing street intersection shall be provided. 12. Location and identification of existing graves and objects or structures marking a place of burial shall be shown. 13. For development or redevelopment having a construction footprint exceeding two thousand five hundred (2,500) square feet in Chesapeake Bay Preservation Areas, there shall, except if waived as unnecessary by the Chesapeake Bay Preservation Area Review Committee, also be provided all elements of the plan of development as required by Section 110 of the Chesapeake Bay Preservation Area Ordinance. The terms "development," "redevelopment" and "construction footprint" shall be as defined in section 103 of the Chesapeake Bay Preservation Area Ordinance. 14. Where required by section 109 of the Chesapeake Bay Preservation Area Ordinance, there shall also, except if waived as unnecessary by the Chesapeake Bay Preservation Area Review Committee, be provided a water quality impact assessment containing all of the elements required therein. 15. The equivalent residential unit (ERU) calculations for existing and proposed horizontal impervious surface area rounded to the nearest tenth (0.1), shall be shown. 239 240 241 242 243 244 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1993. CA-5077 \ORDIN\PROPOSED\46-001ET.PRO R-1 PREPARED: March 25, 1993 - 32 - Item H-K.I. PUBLIC HEARING ITEM #36804 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING o (a) CITY OF VIRGINIA BEACH STREET CLOSURE (b) OCEAN LAKES CHURCH OF GOD CONDITIONAL USE PERMIT (c) 65ACRES ASSOCIATES, L~P. CONDITIONAL CHANGE OF ZONING (d) TIDEWATER WESTMINSTER HOMES, INC. CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION AND CONDITIONAL USE PERMIT (e) CITY OF VIRGINIA BEACH CONDITIONAL USE PERMIT AND AMENDMENT CZO RE USE RE G ULA TIO NS IN THE AGRICULTURAL DISTRICTS (f) S.,4.S. ASSOCIATES CONVERSION OF A NONCONFORMING USE May 11, 1993 - 33 - Item H-I(. 1.~ PUBLIC HE,4RING ITEM #36805 PLANNING Upon motion by Councilman Dean, seconded by Vice Mayor Sessorns, City Council AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance, closure and abandonment of parcels in the application of the CITY OF VIRGINL4 BEACH. Application of the City of Virginia Beach for the discontinuance, closure and abandonment of the following parcels: Parcel 1: Closure of an unimproved 30-foot road beginning 680 feet northwest of the western boundary of James Madison Boulevard and running northwesterly a distance of 395 feet. Parcel 2: Closure of the western terminus of Courthouse Drive beginning 350 feet west of James Madison Boulevard and running northwesterly a distance of 317 feet. PRINCESS ANNE BOROUGH. Voting: 9-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert IC Dean, Louis IL Jones, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Paul J. Lanteigne May 11, 1993 ORDINANCE 2 3 4 5 6 7 8 9 10 11 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS COURTHOUSE DRIVE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "RESUBDIVISION OF PROPERTY OF THE CITY OF VIRGINIA BEACH, M.B. 218 P. 69 AND CLOSED PORTION OF COURTHOUSE DRIVE, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS ATTACHED HERETO. 12 14 ~5 16 17 18 19 20 21 22 23 24 25 ? 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ? 48 49 50 W~EREAS, it appearing by affidavit that proper notice has been given by the City of Virginia Beach, a municipal corporation, that it would make application to the Council of the City of Virginia Beach, Virginia, on February 12, 1990, to have portions of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said portion of the street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION ~ BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the portion of the hereinafter described street be discontinued, closed, and vacated: ALL THAT PORTION OF COURTHOUSE DRIVE, SHOWN AS THE HATCHED AREA ON THAT CERTAIN PLAT ENTITLED "RESUBDIVISION OF PROPERTY OF THE CITY OF VIRGINIA BEACH, M.B. 218, P. 69 AND CLOSED PORTION OF COURTHOUSE DRIVE PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA," AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON NORTHERN RIGHT-OF-WAY LINE OF COURTHOUSE DRIVE (30' RIGHT-OF-WAY) WHERE SAID RIGHT-OF-WAY LINE IS INTERSECTED BY THE EASTERN RIGHT-OF-WAY LINE OF NORTH COURTHOUSE LOOP (VARIABLE RIGHT-OF-WAY) AS SHOWN IN M.B. 218 P. 69, THENCE IN AN EASTERLY DIRECTION, ALONG THE NORTHERN RIGHT- OF-WAY LINE OF COURTHOUSE DRIVE (30' RIGHT-OF-WAY), ON A BEARING OF S. 46" 44' 40" E, A DISTANCE OF 283.02' TO A POINT, THENCE CONTINUING IN AN EASTERLY DIRECTION, ALONG THE NORTHERN RIGHT-OF-WAY LINE OF COURTHOUSE DRIVE (30' RIGHT-OF-WAY), ON A BEARING OF S 45° 44' 35" E, A GPIN NO. 51 52 53 54 -5 ~6 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 2 /3 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 DISTANCE OF 193.37' TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF COURTHOUSE DRIVE (30' RIGHT-OF-WAY), AS IT CURRENTLY EXISTS (SEE M.B. 218 P. 69), THENCE IN A SOUTHERLY DIRECTION, ALONG THE EASTERN RIGHT- OF-WAY LINE OF COURTHOUSE DRIVE (30' RIGHT-OF-WAY), ON A BEARING OF S 77° 58' 59" W, A DISTANCE OF 36.05' TO A POINT, SAID POINT BEING THE SOUTHEASTERN CORNER OF COURTHOUSE DRIVE (30' RIGHT-OF-WAY), THENCE IN A WESTERLY DIRECTION, ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF COURTHOUSE DRIVE (30° RIGHT-OF-WAY), ON A BEARING OF N 45" 44' 35"W, A DISTANCE OF 206.75' TO A POINT, THENCE CONTINUING IN A WESTERLY DIRECTION, ALONG THE SOUTHERN RIGHT- OF-WAY LINE OF COURTHOUSE DRIVE (30' RIGHT-OF-WAY), ON A BEARING OF N 46" 44' 40" W, A DISTANCE OF 232.69' TO A POINT, THENCE TURNING AND PROCEEDING IN A NORTHERLY DIRECTION ON A BEARING OF N 00" 58' 21" W, A DISTANCE OF 24.57' TO A POINT, THENCE TURNING AND PROCEEDING IN AN EASTERLY DIRECTION ON A BEARING OF N 46" 39' 00" E, A DISTANCE OF 11.80' TO A POINT, SAID POINT BEING THE POINT OF BEGINNING. SAID PORTION OF COURTHOUSE DRIVE CONTAINING 13,686 SQUARE FEET, 0.314 ACRES. Said parcel of land is shown on that certain plat referenced above, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantee. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 199~'.~ 96 97 CA-4728 ORDIN\NONCODE\COURTHSE.ORD FINAL APROVAL: May 11, 1993 - 34 - Item II-I~ 1.b PUBLIC ~NG ITEM 1136806 PLANNING Lieutenant Commander Dwight Lawrence, Phone: 433-3155, U.S. Navy, spoke in OPPOSITION, as this property lies within the Oceana Naval Air Station Air Installation Compatibility Usage Zone (AICUZ). Reverend Donald G. Collette, Pastor of Ocean Laeks Church of God, 5500 Breezewood Arch, Phone: 474-9674, represented the applicant Upon motion by Councilman Dean, seconded by Council Lady Parker, City Council ADOPTED: ORDINANCE UPON APPLICATION OF OCEAN LAKES CHURCH OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH R05931819 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ocean Lakes Church of God for a Conditional Use Permit for a church on the west side of General Booth Boulevard, 1100 feet more or less north of Dam Neck Road in Unit #108, Booth Hill Shoppes. Said parcel is located at 1485 General Booth Boulevard and contains 1056 square feet. PRINCESS ANNE BOROUGH The following conditions shall be required; 1. This use permit will be valid for three years from date of approval This Ordinance shall be effective in accordance with Section 107 (J) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of Ma_v. Nineteen Hundred and Nine~_ -three. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy ~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None May 11, 1993 - 35 - Item H-K.I.c PUBLIC HEARING ITEM #36807 PLANNING Correspondence of April 8, 1993, from Captain J. W. Craine, Jr., U.S. Navy Commanding Officer, advising the parcel is located in the Oceana Naval Air Station Air Installation Compatible Use Zones (AICUZ) HIGH NOISE ZONE 3, is hereby made a part of the record. William J. Cashman, 5544 Greenwich Road, Phone: 473-2000, represented 65 Acre Association Upon motion by Councilman Brazier, seconded by Councilman Dean, City Council DEFERRED until the City Council Session of May 25, 1993, an Ordinance upon application of 65 ACRES ASSOCIATES, L.P., for a Conch'tional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF 65 ACRES ASSOCIATES, L.P. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 to B-2 Ordinance upon application of 65 Acres Associates, L.P., for a Conditional Change of Zoning District Classification from 1-1 Light Industrial District to B-2 Community Business District at the northwest corner of Lynnhaven Parkway and Sabre Street. The proposed zoning classification to B-2 Community Business is for commercial land use. The Comprehensive Plan recommends use of this parcel for retail/service land use. Said parcel is located on Parcel 5, Oceana West Industrial Park and contains 3.4339 acres. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None May 11, 1993 Item II-K. 1.al PUBLIC HEARING ITEM 1136808 PLANNING The following spoke in SUPPORT of the application: Peter W. Smith, First Virginia Tower, Phone: 623-3555 Gary J. Haste, P.E., Hoggard/Eure Associates, 6006 Churchland Boulevard, P.O. Box 6398 Portsmouth, Virginia 23703 Phone: 484-9670 Dr. Sam W.. Ray, Jr., Presidnet - Tidewater Westminster Homes, Inc. Michael J. Barrett, represented the applicant Attorney Jeff Beaton, 1501 Bay Point Drive, represented the Great Neck Association of Civic Leagues Upon motion by Councilman Brazier, seconded by Councilman Moss, City Council DEFERRED INDEFINITELY Ordinances upon application of TIDEWATER WESTMINSTER HOMES for a Conditional Change of Zoning and Conditional Use Permit. ORDINANCE UPON APPLICATION OF TIDEWATER WESTMINSTER HOMES~ INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 to B-4 Ordinance upon application of Tidewater Westminster Homes, Inc., for a Conditional Change of Zoning District Classification from B-2 Community Business District to B-4 Resort Commercial District on certain property located at the southwest corner of Shore Drive and Sunstates Court. The proposed zoning classification change to B-4 Resort Business District is for commercial facilities to serve visitors to the resort area. The Comprehensive Plan recommends use of this parcel for Retail/Service use in accordance with other plan policies. Said parcel contains 1.819 acres. LYNNHAVEN BOROUGH. AND, ORDINANCE UPON APPLICATION OF TIDEWATER WESTMINSTER HOMES~ INC., FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE AGED Ordinance upon application of Tidewater Westminister Homes, Inc., for a Conditional Use Permit for a home for the aged on certain proeprty located on the southwest corner of Shore Drive and Sunstates Court. Said parcel contains 1.891 acres. LYNNHAVEN BOROUGH. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne Council Members Absent: None May 11, 1993 - 37 - Item H-K 1.e. (1) PUBLIC HEARING ITEM #36809 PLANNING Steve Korwan, TEA, Inc., 1301 Hightower Trail, Atlanta, Georgia Phone: (404) 992-7003 represented Sprint Cellular Company Upon motion by Councilman Dean, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of the CITY OF VIRGINIA BEACH, VIRGINIA, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R05931820 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach, Virginia, for a Conditional Use Permit for a communication tower at the southwest corner of Rosemont Road and Transfer Road. Said parcel is located at 1924 Transfer Road and contains 2016 square feet. PRINCESS ANNE BOROUGH. The following condition shall be required: Prior to construction ora communication tower on this site, the Department of Planning must receive a letter from a registered engineer outlining tower specifications and a statement verifying that the facility will not cause the public to be exposed to excessive levels of radio frequency radiation. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh o. f May. Nineteen Hundred and NineS. -three. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Louis R. Jones, Robert K. Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. May 11, 1993 - 38 - Item II-K. 1. e. (2) PUBLIC HEARING ITEM #36810 PLANNING Upon motion by Councilman Baton, seconded by Councilman Lanteigne, City Council ADOPTED: Ordinance to Amend and Reordain Sections 401 and 405 of the City Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to use regulations in the Agricultural Districts. Voting: 6-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert I~ Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: James W.. Brazier, Jr. May 11, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 401 AND 405 OF THE CITY ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO USE REGULATIONS IN THE AGRICULTURAL DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 401 and 405 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Sec. 401. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicted by a "P" or as conditional uses indicated by a "C". Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. USE AG-1 AG-2 Agricultural, aquacultural and horticultural uses, including orchards, vineyards, nurseries and the raising and grazing of livestock, poultry and swine and the keeping of bees P P Airports, heliports and helistops C C Animal hospitals, pounds, shelters, commercial and residential kennels C C Borrow pit C C Cemetery, columbarium, crematory and mausoleum C C Child care education centers in connection with public or private elementary schools or churches P P Child care education centers, day nurseries, other than those permitted as principal uses and structures, when not operated by a public agency C C Churches C C 40 C C 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Community centers Country inns Drive-in theaters Dwelling, single family addition Dwellings, duplex Dwellings, single family, except as specified in section 405(d) Dwellings, single family, if in accordance with section 405(d) Family care homes, foster homes or group homes Firewood preparation facility Fish hatcheries and fish pond Forests and forestry Fraternity and sorority houses, student dormitories and student centers; provided that they be located within a one-mile radius of a college or university Game preserves Golf courses, including par 3 with a minimum area of 10 acres, and miniature golf courses Home occupations, including those conducted outside the principal structures Homes for the aged, disabled or handicapped, including convalescent or nursing homes Hospitals and sanitariums Lodges for fraternal organizations Marinas, noncommercial and community boat docks Maternity homes Monasteries and convents Museums and art galleries when not operated by a public agency Private schools having curriculums similar to public schools Private sewage treatment facilities Public elementary, intermediate and high schools, colleges and universities; day nurseries in connection with public or private elementary schools or churches Public parks, recreational areas, botanical and zoological gardens, golf courses, marinas and other public buildings and uses Public utility installations and substations; provided offices, storage or maintenance facilities shall not be permitted; and provided, 2 C C C C P P X X C C P P C C C C P P P P C C P P C C C C C C C C C C C C C C C C C C C C C C P P P P 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 further, that utilities substations other than individual transformers, shall be surrounded by Category V screening, solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require Category I screening, solid except for access openings P P Public utility transformer stations and major transmission lines and towers (50,000 volts or more) C C Recreation and amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council C C Recreational campgrounds C C Repair of agricultural equipment C C Retail sales of garden supplies, equipment, and material, as a subsidiary use to a plant nursery, provided that the sales is enclosed and limited to a maximum floor area of five hundred (500) square feet C C Riding academies, horses for hire or boarding C C Shelter for farm employees C C Storage and maintenance installations for public utilities C C Television or other broadcasting stations and line-of-sight relay devices C C Wells, water reservoirs, and water control structures P P (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited to: (1) In connection with agricultural use, no more than one (1) roadside stand for sale of agricultural products produced by the operator of the roadside stand, provided that: (i) No such stand shall exceed one thousand (1,000) square feet in floor area; (ii) No stand shall be erected within fifty (50) feet of the property line fronting on any street; (iii) The operator of the stand must be the owner or operator of the agricultural property on which the stand is located; 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 (iv) At least fifty (50) percent by value of the produce sold from the stand shall have been produced by the operator of the roadside stand. (2) An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling units is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. 158 159 160 161 Sec. 405. Other regulations applicable to residential development. Notwithstanding any regulations to the contrary, the following additional regulations shall apply to all residential development in the AG-1 and AG-2 Districts. 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 (a) Council may attach conditions to the use permit governing the number of residential lots allowed on the tract. In so doing, council shall consider: The total number of lots which would have been allowed by right on the AG-2 portion of the tract under the provisions of the AG-2 District and other applicable regulations as they existed on May 6, 1989; the development potential of the residual property; and the degree to which the proposed plan of development furthers the objectives of this ordinance. (b) Council may attach conditions to the use permit governing the rate of development on the tract. Unless unusual conditions exist, Council shall strive to limit the rate of development on any tract to no more than two (2) lots in any twelve-month period. No lots may be created by subdivision for residential purposes unless and until a conditional use permit has been approved authorizing such use on the subject property. (c) Council may attach conditions to the use permit governing access onto the existing rural roads, and in doing so shall consider the conditions and nature of the road and the size, shape, and other characteristics of the parcel. For all lots created from existing lots in the future, the number of driveways onto existing roads shall be kept to the lowest practical number, except that no more than two (2) lots from any tract existing on the date of adoption of the ordinance may be served by new driveways onto existing roads, and the rest must be served by new driveways onto new roads. However, if the existing tract has one thousand (1,000) feet or more of frontage on existing roads, then the number of lots created from that tract with driveways on existing roads may not exceed three (3). In addition, all existing lots may be served by driveways onto existing roads. (d) All other requirements of the AG-1 and AG-2 Districts shall remain in effect. Nothing herein shall be 197 198 199 200 201 202 203 204 construed as prohibiting the use by right of a lot lawfully created as of the effective date of thc amendment cf this ordinance for purposes of constructing one single-family dwelling. Additionally, any lot ten (10) acres or larger, lawfully created as of the effective date of this ordinance, may be subdivided of riqht into a total of two (2) buildinq sites provided that each lot created satisfies all state and local 205 development regulations. 206 207 Adopted by the Council of the City of Virginia Beach, Virginia on the 11 day of May , 1993. 208 209 210 211 CA-5092 \ORDIN\ PROPOSED \ 45-401ET. PRO R-1 PREPARED: April 6, 1993 - 39 - Item II-IC l._f PUBLIC HEARING ITEM #36811 PLANNING Billy Garrington, 1008 Collection Creek Way, Phone: 428-4245, spoke in SUPPORT of the application Upon motion by Councilman Branch, seconded by Councilman Lanteigne, City Council ADOPTED: ORDINANCE UPON APPLICATION OF S.4.S. ASSOCIATES FOR A CONVERSION IN A NONCONFORMING USE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of S.4.S. Associates for a Conversion in a nonconforming use on property located at the northeast corner of Atlantic Avenue and 31st Street. Said parcel contains 17,424 square feet. VIRGINIA BEACH BOROUGH. The following conditions shall be required: . 2. 6. All signage which is not in keeping with Section 1503 of the City Zoning Ordinance shall be removed. No alcoholic beverages are to be allowed outside of the snack shop (hot dog stand) which currently has an Alcoholic Beverage Control Board permit. The facility shall close at 11:00 P.M. and no after hour use of the property is permitted. The facility may open by 8:00 A.M. There shall not be any private parties, fund raising events, concerts, dances or benefits conducted on the property. A placard shall be displayed and clearly visible indicating the person(s) on duty and reasonable for the facility at all times. Subject to a reevaluation of the appropriateness of the use to the District in one year. The operator/owner will obtain a Certificate of Occupancy from the Department of Permits and Inspection and will also sign a statement containing all conditions prior to the opening of the facility. 8. The exterior of the building will be painted white. This Ordinance shall be effective in accordance with Section 107 (19 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of May, Nineteen Hundred and Nine~_ -three. May 11, 1993 Item H-IC l:f PUBLIC HEARING ITEM #36811 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None May 11, 1993 RESOLUTION AUTHORIZING THE CONVERSION OF A NONCONFORMING USE AND STRUCTURE LOCATED AT THE NORTH- EAST CORNER OF ATLANTIC AVENUE AND 31ST STREET, PROPERTY OF S.A.S. ASSOCIATES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, S.A.S. Associates (hereinafter the "Applicant") is the owner of a one-story structure containing approximately 17,424 square feet at the northeast corner of Atlantic Avenue and 31st Street. Recently, the building has been used for indoor recreation (i.e., pinball, video games), retail sales and a snack shop. It is the applicant's proposal to utilize the structure, excluding the snack shop area, for an indoor roller blade arena and pinball/video games; and WHEREAS, the past and proposed uses do not conform to the provisions of the City Zoning Ordinance because commercial recreational facilities are nonconforming uses in the RT-1 Resort Tourist District; and WHEREAS, pursuant to Section 105(e) of the City Zoning Ordinance, City Council may authorize the conversion of a nonconforming use if it finds that the use as converted is equally appropriate or more appropriate to the zoning district than is the existing nonconformity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed conversion of the nonconforming use for the 17,424 square foot structure at the northeast corner of Atlantic Avenue and 31st Street is equally appropriate or more appropriate to the zoning district in which it is located as is the existing nonconformity. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby authorizes the utilization of the 34 35 36 37 structure, excluding the snack shop area, for an indoor roller blade arena and pinball/video games, provided the conversion of the use complies with all building, site plan and other requirements of the City of Virginia Beach. 38 39 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON THIS 11 DAY OF May , 1993. 40 41 42 43 CA-5114 ORDIN\NONCODE\S.A.S.RES R-1 PREPARED: 05/03/93 I I i APPROVED AS TO LEGAL SUFFJC!ENCY AF~-P. OVED AS TO CONTENT.T, SIGNATURE DEPAR'~-NT iii i - 41 - UNFINISHED BUSINESS ADD -ON ITEM #36812 Councilman Moss referenced the Ordinance to AMEND AND REORDAIN Article II, Chapter 4 of the Code of the City of Virginia Beach, Virginia, re public dance halls and teenage nightclubs, adopted by the Council of the City of Virginia Beach, Virginia, on March 23, 1993. Councilman Moss had requested the City staff provide a map illustrating properties, which would be suitable for a Teen Club, not within 500 feet of a retatl establishment which had either On or Off ~C license. As the May 25, 1993, City Council Session will be a rather lengthy meeting, Councilman Moss requested this information be presented during a City Council Session in June. May 11, 1993 UNFINISHED BUSINESS ITEM #36813 ADD -ON Councilman Moss referenced the issue of contracting or investigating the stormwater management utility function. Councilman Moss requested a progress report of this issue. May 11, 1993 Item II-L.3. UNFINISHED BUSINESS ITEM #36814 ADD-ON Councilman Baum referenced concerns relative buildable lots in the agricultural areas. Any vacant lot that fits the requirements of that zoning district is buildable. Councilman Baum advised the City has been trying to get away from strip development along highways. However, the City has gotten into the process of a Conditional Use Permit being required for every house. Councilman Baum believed the amendment to Article 4, Sections 401 and 405 of the City Zoning Ordinance, would solve part of the problem, but was looking forward to the comprehensive recommendations of the Planning Commission concerning residential subdivisions in the southern portion of the City. May 11, 1993 Item II-N. 1. ADJOURNMENT ITEM #36815 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 5:12 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/A,4E City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia May 11, 1993 CITY OF VIRGINIA BEACH I SUMMARY OF COUNCIL ACTIONS B C DATE: MAY 11, 1993 B R L PAGE' I R A Y J B A Z B D O m A N I U E N G ! AGENDA U C E R A E NI S ITEM # SUBJECT MOTION VOTE M H R N N S E S I ,, I/II/El CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y ~ SESSION F MINUTES. APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL/FORMAL SESSIONS - May4, 1993 PUBEC HEARING - Reapportionment - May4, 1993 PUBLIC HEARING - FY 1993-1994 Operabng Budget - May 4, 1993 G/1 1986 BOND REFERENDA G. Garland Payne, Member H/1 PUBLIC HEARING. FY 1993-1994 OPERATING BUDGET I/1/a FY 1993-1994 BUDGET APPROPRIATIONS Ordinance making APPROPRIATIONS for ADOPTED 7-4 Y Y N Y N Y Y N Y N Y FY 1993-1994 of $714,254,710 for AS AMENDED Operations/S279,941,527 In Interfund Transfers/regulating payment of the C~ty Treasury, as amended b Ordinance establishing tax levy on real ADOPTED 7-4 Y Y N Y N Y Y N Y N Y estate for FY 1994, effective upon adopt~n c Ordinance establishing tax levy on ADOPTED 8-3 Y Y N Y N Y Y N Y Y Y personal property/machinery/tools for AS AMENDED 1994, effecbve 1/1/94, and exempbng farm equlpment/implements/tools/Irvestock d Ordinance authortzlng ments/promotlons ADOPTED 8-3 Y Y N Y N Y Y N Y Y Y re Sections 2-109/2-110 of the Code e Ordinance allowing transfer excess ADOPTED 8-3 Y Y N Y N Y Y N Y Y Y appropriations to Reserve for Contingencies f Ordinance to AMEND SectK~n 2-87.1 of ADOPTED 8-3 Y Y N Y N Y Y N Y Y Y the Code re merit increases g OrdInance to AMEND Sections of the ADOPTED 8-3 Y Y N Y N Y Y N Y Y Y Code re sol~d waste h Ordinance to AMEND Section 31-61 of ADOPTED 8-3 Y Y N Y N Y Y N Y Y Y the Code re refuse disposal areas i Ordinance to AMEND Secbon 35-123 of ADOPTED 7-4 Y Y N Y N Y Y N Y N Y the Code re utd~ tax for E-911 j Ordinance to AMEND Sections of the ADOPTED 8-3 Y Y N Y N Y Y N Y Y Y Code re fees for animal licensing/ ~mpoundment/dlsposal, effective 7/1/93 k Ordinance to AMEND Section 27-3 1 of ADOPTED 8-3 Y Y N Y N Y Y N Y Y Y the Code re elimination of Police Funeral Escort fees I Ordinance re compensabon' (1) City Attorney ADOPTED 10-1 Y Y Y Y Y Y N Y Y Y Y (2) City Clerk ADOPTED 10-1 Y Y Y Y Y Y N Y Y Y Y 2 Ordinance to AMEND Section 21-12 of DEFERRED 10-1 Y N Y Y Y Y Y Y Y Y Y the Code re traffic/fees to park TO 5/25/93 3 Ordinance to AMEND Section 6-114 of DEFERRED 9-2 Y N Y Y Y Y N Y Y Y Y the Code re restr~ons on recreational TO 5/25/93 vessels/watercraft 4 Ordinance to REPEAL Section 37-17 of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y the Code/ORDAIN new Sect~n 37-17 re maximum flow/Water consumption for plumbing fixtures CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 ^ B B C N E S DATE: MAY 11, 1993 B R L T R P E PAGE: 2 R A Y J E N A S B A Z B D O I M D R S A N I U E N G O O K O AGENDA U C E R A E N S R E M ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S 5 ordinance to AMEND Article I of Chapter ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y 37 of the Code ADDING Sectmn 37-17.1, establistang rebate for replacement of existing todets by ultra Iow-flush tmlets 6 Ordinance accepting b~l of Virginm Beach ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Socc~ Joint Task Force/authorizing the lease of C~ty-owned property (Princess Anne Park) 7 Ordinance to APPROPRIATE $127,710 to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y MHMR/SA J/1 Resolutions authorizing Sewer/Water Cost ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Parbcipatmn Agreements with Baymark Construct~3n Company in Park Place (PRINCESS ANNE BOROUGH) (City's share $155,810 40/$2,300 00, respecbvely) 2 Resolution directing Planmng Commlss,3n ADOPTED 7-4 Y Y Y Y N Y Y N N N Y recommend re proposed amendments to S~e Plan/Subdlwsion Ordinances K/1/a Closure of parcels in pebt~on of CITY AUTHORIZED 9-0 Y Y N Y Y Y N Y Y Y Y (PRINCESS ANNE BOROUGH) FINAL APPROVAL Parcel I James Madison Boulevard Parcel 2 Courthouse Drive b OCEAN LAKES CHURCH OF GOD CUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y church on General Booth Boulevard/Dam CONDITIONED Neck Road, Booth Hill Shoppes (PRINCESS ANNE BOROUGH) c 65 ACRES ASSOCIATES, LP. DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Cond~onal Zomng from I-1 to B-2 at 5/25/93 Lynnhaven Parkway/Sabre Street (Parcel 5, Oceana West Industnal Park) (LYNNHAVEN BOROUGH) d TIDEWATER WESTMINSTER HOMES, DEFERRED 10-1 Y Y Y Y Y Y N Y Y Y Y INC. at Shore Drive/Sunstates Court INDEFINITELY (LYNNHAVEN BOROUGH). Conditional Zoning from B-2 to B-4, AND, CUP: home for the aged e CITY. CUP: communmabon tower at Rosemont APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y Read/Transfer Road (PRINCESS ANNE BOROUGH); AND, ordinance to AMEND Arbcle 4, Sect,3ns ADOPTED 6-4 Y Y A Y N Y Y N N N Y 401/405 of CZO re use regulations in AG f S.A.S. Associates conversion of a non- APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y conforming use to utilize indoor roller CONDITIONED blade arena/pinball/video games/extend AS AMENDED skate rentals at Atlantic Avenue/31st Stree~ (VIRGINIA BEACH BOROUGH) L/M/N ADJOURNMENT 5.12 PM SCHEDULE REAPPORTIONMENT AND 7-4 PLAN FOR ELECTORAL PROCESS **PUBLIC HEARING / COUNCIL WORKSHOP** Council Chamber WEDNESDAY, MAY 26,1993 7 00 PM