MAY 8, 2012 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WlLLlAM D. SESSOMS, JR., At-Laige
V/CE MAYOR LOUYS R. JONES, Bnvside - District 4
GLENN R. DAV/S, Rose Hnl/ - Dish-ic( 3
WILLIAM R. DeSTEPH, AFLnrge
HARRY E. DLEZEL, Keroipsvi!!e - Dish•ict 2
ROBERT M. DYER, Centervrlle - Dish•ict !
BARBARA M. HENLEY, Princess Anne - Dish-ict 7
JOHN D.MOSS, At-Lmge
JOHN E. UHRIN, Beacla - District 6
ROSEMARY W/LSON, At-Lm•ge
JAMES L. WOOD, Lvnnhnven -Distric! S
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITYATTORNEY- MARKD. ST/LES
C/TY ASSESSOR - JERALD D. BANAGAN
CITYAUD/TOR-I.YNDONS. REM/AS
CITY CLERK - RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
8 May 2012
II I. CITY COUNCIL LIAISON REPORTS
II II. CITY COUNCIL COMMENTS
II IIL CITY COUNCIL AGENDA REVIEW
II IV. INFORMAL SESSION
- Conference Room -
- Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
CITYHALL BUIGDlNG
2401 COURTHOUSE DRIVE'
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MALG: Crycncl@vbgov.com
3:30PM
5:00 PM
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Richard Keever, Chaplain
Westminster Canterbury
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. 1NFORMAL and FORMAL SESSIONS
2. SPECIAL FORMAL SESSION/PUBLIC HEARING
3. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
l. CONSENT AGENDA
H. PUBLIC HEARINGS
l. REAL ESTATE TAX RATE (Proposed increase of 6¢)
2. INSTALLMENT PURCHASE AGREEMENT (ARP)
Head of River Road
3. LEASE OF CITY-OWNED PROPERTY
2°a Street and Atlantic Avenue
1. ORDINANCE S/RE S OLUTIONS
1. FY 2012-2013 Resource Management Plan
A. OPTION NUMBER ONE:
The Mayor and Vice Mayor's Reconciled Proposed Ordinances:
April 10, 2012
April 18, 2012
Apri124, 2012
a. APPROPRIATIONS for the Fiscal Year Operations of $1,767,701,362
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of
Housing and Urban Development (HUD)
e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District as Surplus
in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall
Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing
Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a
Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence,
Sign, Right-of-way and certain other permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE
$277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7-Million
(maximum) for public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27-Million
(maximum)
d. REALIGN revenues of the Roadways CIP from various sources
B. OPTION NUMBER TWO:
Councilmen Moss and DeSteph Proposed Ordinances:
a. APPROPRIATIONS for the Fiscal Year of Operations $1,748,263,981
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of
Housing and Urban Development (HUD)
e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District as Surplus
in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall
Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing
Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a
Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence,
Sign, Right-of-way and certain other permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE
$245,410,943 for the FY 2013 Capital Budget, subject to available funds from various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7-Million
(maximum) for public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27-Million
(maximum)
d. REALIGN revenues of the Roadways CIP from various sources
C. OPTION NUMBER THREE:
City Manager's Proposed Ordinances:
a. APPROPRIATIONS for the Fiscal Year of Operations $1,758,559,231
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of
Housing and Urban Development (HUD)
e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District as Surplus
in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall
Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing
Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a
Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence,
Sign, Right-of-way and certain other permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE
$277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7-Million
(maximum) for public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27-Million
(maximum)
d. REALIGN revenues of the Roadways CIP from various sources
2. Ordinances to AMEND the City Code:
a. §§16-22.2, 16-12.4 and 16-12.9 re enforcement of Residential Rental Inspection Districts
b. §23-58(f)(6) re Commercial Parking Lots
3. Ordinances to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement
to Barry D. and Paula W. Knight in the amount of $184,652 at Head of River Road
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with renewal options
between CBM Company t/a Schooner Inn and the City for property at 2°d Street and Atlantic
Avenue
5. A Resolution to SUPPORT an application to the Virginia Department of Conservation and
Recreation for a Recreational Trails Program Grant in the amount of $189,400 re acquisition
at the Lake Lawson/Lake Smith Natural Area
6. Ordinances to ACCEPT and APPROPRIATE:
a. $60,193 Grant from the Department of Housing and Urban Development (HUD) to the FY
2012 Budget of Housing and Neighborhood Preservation re Emergency Homeless
Assistance
b. $606,500 from the School Site Landscaping to the FY 2012 Budget of Parks and
Recreation:
1) Playground safety improvements at ten (10) sites $151,500
2) Relocate and replace playground and equipment at Cooke Elementary $ 50,000
3) Replace basketball equipment at various locations $ 50,000
4) Drainage and pond shoreline reconstruction at Larkspur Middle School $330,000
c. TRANSFER $197,668 from the Reserve for Contingencies to the General Registrar's
FY2011-12 Budget re the Republic Party Primary Senatorial Election
J. PLANNING
1. Application of OCEAN RENTAL PROPERTIES, LLC, for an Enlargement of a Non-
Conforming Use to allow two single family dwellings at 403 16th Street (DISTRICT 6-BEACH)
RECOMMENDATION:
APPROVAL
2. Application of B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC and SALEM
LAKES II, LLC for Modification of Proffers, and a Conditional Use Permit (Approved by City
Council October 27, 1998) re mini- and self-storage, at Salem Road and Salem Lakes Blvd.
(DISTRICT 1-CENTERVILLE)
RECOMMENDATION:
APPROVAL
3. Application of BILLY W. CHAPLAIN, for Modification of Proffer No.l and Modification of
Condition No. 7 of a Conditional Use Permit for Bulk Storage (approved by City Council August
14, 2001) and a new Conditional Use Permit for Automobile and Small Engine Repair at 849 and
853 Virginia Beach Boulevard (DISTRICT 6-BEACH)
RECOMMENDATION:
APPROVAL
4. Application of CORNERSTONE BIBLE CHURCH, INC/KROLL ENTERPRISES for a
Conditional Use Permit re a church at 2180 McComas Way (DISTRICT 7-PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
5. Application of SENTARA HOSPITALS AND MPB, INC., for a Change of Zoning District
Classification from A-12 Apartment District and R-15 Residential District to Conditional 0-2
Office District re offices and medical facilities at 800 and 816 Independence Boulevard.
(DISTRICT 4-BAYSIDE)
RECOMMENDATION:
APPROVAL
6. Application of the CITY OF VIRGINIA BEACH, for a Street Closure re a portion of the right-
of-way of Holly Road at the intersection of Laskin Road(DISTRICT 6-BEACH)
RECOMMENDATION:
K. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
COMMUNITY SERVICES BOARD
MINORITY BUSINESS COUNCIL
TOWING ADVISORY BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
APPROVAL
N. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
CITY COUNCIL WORKSHOP
AUGUST 7, 2012
CANCELLED
City Council invites ALL citizens to participate in your
NEIGHBORHOOD NATIONAL NIGHT OUT
2012 CITYHOLIDAYS
Monday, May 28
Wednesday, July 4
Monday, September 3
Monday, November 12
Thursday, November22
Friday, November 23
Thanksgiving
Monday, December 24
day)
Tuesday, December 25
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After
Christmas Eve (half-
Christmas Day
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the C1TY CLERK'S OFFICE at 3854303
-1-
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 8, 2012
Mayor William D. Sessoms, Jr. called to order the CITY COUNCIL LIAISON REPORTS, in the City
Council Conference Room, Tuesday, May 8, 2012, at 3: 30 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood.
Council Members Absent:
None
May 8, 2012
-2-
CITY COUNCIL LIAISON REPORTS
3:30 P.M.
ITEM #61838
Councilman DeSteph stated the last two weekends at the Aquarium the lnst two weekends have been very
busy.
The new bike path on Shore Drive seems to be busy with citizens enjoying riding their bicycles.
Lastly, the Communiry Organization Grant (COG) Committee will be proving their recommendations to
City Council in the near future.
ITEM#61839
Councilman Moss advised the next meeting for the Deferred Compensation Review Committee is
scheduled for June 20, 2012.
May 8, 2012
-3-
CITY COUNCIL COMMENTS
3:32 P.M.
ITEM #61840
Council Lady Wilson stated the Virginia Municipal League Board meeting was held this past week in
Virginia Beach. The YML Members enjoyed dinner in front of the Shark Exhibits at the Aquarium.
Council Lady Wilson expressed her appreciation to City Manager Spore and each of the Deputy City
Managers for taking 2 1/z hours of their time to take the VML Members on a very impressive tour of the
City. City Manager Spore and his staff did an exceptional job.
ITEM #61841
Councilman Davis attended the "Color Me Rad" at the Sportsplex this past weekend. Over 7,500 tickets
were sold but there was an estimated crowd of 9, 000.
ITEM #61842
Council Lady Henley stated the Senior Resource Center received the Best Practice Award by the
Commonwealth Council on Aging for the Emergency PrepaYedness Plan. This Plan is something Council
Lady Henley has been working on for a while for the Senior Citizens that live in the rural area of the City.
Of course, this is a Plan that the City hopes to never use but we are making great progress. Council Lady
Henley expressed her appreciation for the participation of Emergency Management Team.
ITEM #61843
At the last City Council meeting, Councilman Moss mentioned Dr. Koch's presentation on the State of the
Region 's Economy and feels this would be a very beneficial briefing for City Council. The presentation is
very insightful.
May 8, 2012
-4-
AGENDA REVIEW SESSION
3:36 P.M.
ITEM #61844
BY CONSENSIIS, the following shall compose the CONSENT AGENDA:
I. ORDINANCES/RESOL UTIONS
1. FY 2012-2013 Resource Management Plan
A. OPTION NUMBER ONE:
The Mayor and Vice Mayor's Reconciled Proposed ONdinances:
a. APPROPRIATIONSfor the Fiscal Year Operations of $1,767,701,362
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for
Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US
Department of Housing and Urban Development (HUD)
e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District
as Surplus in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the Lynnhaven
Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax
Increment Financing Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72
ESTABLISHING a Technology Fee of Five Dollars ($S) for Building,
Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other
permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and
APPROPRIATE $277,566,687 for the FY 2013 Capital Budget, subject to
available funds from various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of
$67. 7-Million (maximum) for public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27-
Million (maximum)
d. REALIGN revenues of the Roadways CIP from various sources
May 8, 2012
-S-
AGENDA REVIEW SESSION
ITEM #61844 (Continued)
B. OPTIONNUMBER TWO:
Councilmen Moss and DeSteph Proposed Ordinances:
a. APPROPRIATIONSfor the Fiscal Year of Operations $1,748,263,981
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for
Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US
Department of Housing and Urban Development (HUD)
e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District
as Surplus in the 2011-12 Budget
£ COMPLETE the City's financial obligations associated with the Lynnhaven
Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax
Increment Financing Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72
ESTABLISHING a Technology Fee of Five Dollars ($S) for Building,
Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other
permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and
APPROPRIATE $245,410,943 for the FY 2013 Capital Budget, subject to
available funds fi^om various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of
$67. 7-Million (maximum) for public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27-
Million (maximum)
d. REALIGN revenues of the Roadways CIP from various sources
C. OPTION NUMBER THREE:
Ciry Manager's Proposed Ordinances:
a. APPROPRIATIONSfor the Fiscal Year of Operations $1,758,559,231
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
May 8, 2012
-6-
AGENDA REVIEW SESSION
ITEM #61844 (Continued)
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for
Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US
Department of Housing and Urban Development (HUD)
e. DECLARE $7-Million within the Sandbridge Tcix Increment Financing District
as Surplus in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the Lynnhaven
Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax
Increment Financing Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72
ESTABLISHING a Technology Fee of Five Dollars ($S) for Building,
Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other
permits
IMPLEMENT the FY2012-13 Capital Budget.•
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and
APPROPRIATE $277,566,687 for the FY 2013 Capital Budget, subject to
available funds from various sources
b. AIITHORIZE issuance of General Obligation Public Improvement Bonds of
$67. 7-Million (maximum) for public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27-
Million (maximum)
d. REALIGN revenues of the Roadways CIP from various sources
2. Ordinances to AMEND the City Code:
a. §§16-22.2, 16-12.4 and 16-12.9 re enforcement of Residential Rental Inspection
Districts
b. §23-58()9(6) re Commercial Parking Lots
3. Ordinances to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP)
Easement to Barry D. and Paula W. Knight in the amount of $184, 652 at Head of River
Road
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with renewal options
between CBM Company t/a Schooner Inn and the City for property at 2"d Street and
Atlantic Avenue
5. A Resolution to SUPPORT an application to the Virginia Department of Conservation and
Recreation for a Recreational Trails Program Grant in the amount of $189, 400 re
acquisition at the Lake Lawson/Lake Smith Natural Area
May 8, 2012
-7-
AGENDA REVIEW SESSION
ITEM # 61844(Continued)
6. Ordinances to ACCEPT and APPROPRIATE:
a. $60,193 Grant from the Department of Housing and Urban Development (HZID)
to the FY 2012 Budget of Housing and Neighborhood Preservation re
Emergency Homeless Assistance
b. $606, 500 from the School Site Landscaping to the FY 2012 Budget of Parks and
Recreation:
1) Playground safery improvements at ten (10) sites
$151,500
2) Relocate and replace playground and equipment at Cooke Elementary
$ 50,000
3) Replace basketball equipment at various locations
$ 50,000
4) DYainage and pond shoreline reconstruction at Larkspur Middle School
$'330, 000
c. TRANSFER $197, 668 from the Reserve for Contingencies to the General
Registrar's FY2011-12 Budget re the Republic Party Primary Senatorial
Election
Items #IA/B/C will be considered separately as there are speakers registered.
Councilman DeSteph will ABSTAIN on Item #3, with a comrrtent.
Councilman Moss will vote verbal NAY on Items #3 and #4, both with comments
Councilman Uhrin will ABSTAIN on Item#4
May 8, 2012
-8-
AGENDA REVIEW SESSION
ITEM #61845
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
J. PLANNING
Application of OCEAN RENTAL PROPERTIES, LLC, for an Enlar ement of a Non-
Conformin Use to allow two single family dwellings at 403 1e Street (DISTRICT 6-
BEACH)
2. Application of B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC and SALEM
LAKES II, LLC for Modi ication of Pro ffers, and a Conditional Use Permit (Approved by
City Council October 27, 1998) re mini- and self-storage, at Salem Road and Salem Lakes
Blvd. (DISTRICT 1-CENTERVILLE)
3. Application of BILLY W. CHAPLAIN, for Mod f cation of Pro f er No. l and Modification
of Condition No 7 ofa Conditional Use Permit for Bulk Storage (approved by City Council
August 14, 2001) and a new Conditional Use Permit for Automobile and Small Engine
Repair at 849 and 853 Virginia Beach Boulevard (DISTRICT 6-BEACH)
4. Application of CORNERSTONE BIBLE CHURCH, INC/KROLL ENTERPRISES for a
Conditional Use Permit re a church at 2180 McComas Way (DISTRICT 7-PRINCESS
ANNE)
5. Application of SENTARA HOSPITALS AND MPB, INC., for a Change of Zoning District
Classification from A-12 Apartment District and R-I S Residential District to Conditional
0-2 Office District re offices and medical facilities at 800 and 816 Independence
BoulevaYd. (DISTRICT 4-BAYSIDE)
6 Application of the CITY OF VIRGINIA BEACH, for a Street Closure re a portion of the
right-of-way of Holly Road at the intersection of Laskin Road(DISTRICT 6-BEACH)
May 8, 2012
-9-
ITEM#61846
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specifcc public officers, appointees or employees pursuant to Section
2.2-3711(A)
Council Appointments: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff inembers or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating postuYe of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3 711 (A) (7).
City of Virginia Beach v. Trustees of Emmanuel Protestant Episcopal
Church of Kempsville
May 8, 2012
-10-
ITEM# 61847(Continued)
Upon motion by Councilman Wood, seconded by Council Lady Wilson, Ciry Council voted to proceed
into CLOSED SESSION at 3: 47 P.M.
Voting: 10-0
Council Members Yoting Aye:
Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,
JY., John E. Uhrin, Rosemary Wilson and James L. Wood.
Council Members Yoting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph (stepped out)
(Closed Session: 3:47 P.M. - 4:45 P.M.)
May 8, 2012
-11-
6: 00 P.M.
Mayor William D. Sessoms, JY., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Ciry Council Chamber, City Hall, on Tuesday, May 8, 2012, at 6.•00 P.M.
Council Members Fresent.•
Glenn R. Davis, William R.
Dyer, Barbara M. Henley,
Mayor William D.
James L. Wood.
Council Members Absent:
None
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 8, 2012
Sessoms,
"Bill " DeSteph, Harry E. Diezel, Robert M.
Vice Mayor Louis R. Jones, John D. Moss,
Jr., John E. Uhrin, Rosemary Wilson and
INVOCATION: Reverend Richard Keever, Chaplain
Westminster Canterbury
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to
thoroughly review each Ciry Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies aniatter in which he has a"personal
interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
MaYCh 24, 2009, is hereby made a part of the record.
May 8, 2012
-12-
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ) purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appYOpriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon
Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's
transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it
handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her pYactice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of Ciry Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson 's letter of January 10, 2012, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of Ciry Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of Ciry Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of.7anuary 27, 2004, is hereby made a pary't of the record.
May 8, 2012
-13-
Itenz -V-E
CER TIFICA TION
ITEM #61848
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt fYOm Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 8, 2012
R E S 0 L U T 10 N
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM #61846 Page 9, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of V irginia requires a certifcation by the governing body
that such Closed 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 Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
R th Hodges Fraser, MMC
ity Clerk
May 8, 2012
-14-
Iteni -V-F.1121and3
MINUTES
ITEM #61849
Upon motion by Councilman Dyer, seconded by Councilman Davis, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of April 10, 2012, April 18, 2012 and April
24, 2012.
Yoting: 11-0
Council Members Voting Aye:
Glenn R. Davis, Willianz R
Dyer, Barbara M. Henley,
Mayor William D. Sessoms,
James L. Wood
"Bill " DeSteph, Harry E. Diezel, Robert M.
Vice Mayor Louis R. Jones, John D. Moss,
Jr., John E. Uhrin, Rosemary Wilson and
Council Members Voting Nay:
None
Council Members Absent:
None
May 8, 2012
-15-
Item -V-H.1
PUBLIC HEARING
ITEM #61850
Mayor Sessoms DECLARED A PUBLIC HEARING:
REAL ESTATE TAX RATE
Proposed increase of 6¢
George Bryant, 2320 Dood Drive, Phone: 434-0825, requested City Council Members to not support the
proposed tax increase. Mr. Bryant stated most citizens have not received pay raises in the last few years
and have had to make adjustments to standards of living. Mr. Bryant is in favor of Councilmen
DeSteph's and Moss' proposed Budget and encouraged the City Council to approve that option. Mr.
Bryant also stated there is nothing wrong with having the lowest tax rate in the area as long as the City
remains good.
Richard Good, 877 Seahawk Circle, Phone: 427-6300, is President of Solar Ser-vices and pays a lot of
taxes to the City. Mr. Good stated the increase is a rate increase and not a tax increase and he is in full
support. The increase will lead to a pay raise for School Employees. Mr. Good's wife has taught in
Virginia Beach for 28 years. If Educators continue to be undervalued the City is going to end up with an
average School System.
Dominic Melito - President of Virginia Beach Education Association, 4410 Segovia Court, Phone: 729-
5672. Mr. Melito spoke in SUPPORT of the Budget offered by the School Board. Mr. Melito requested
the Revenue Sharing Formula be re-established, along with a lump-sum funding guaYanteed amount. The
majority of School Board Members voted for an increase in the Real Estate Tax Rate. "The School Board
has put trust in City Council by passing the Resolution and now it is time City Council come through foY
the School Board. "
Trenace Riggs, 3608 Brannon Drive, Phone: 403-3573, is Vice President of Virginia Beach Education
Association and a teacher at Larkspur Middle. Ms. Riggs spoke in SUPPORT of the increase in the Real
Estate Tax Rate. Ms. Riggs stated without appropriate funding the the Schools, the students will be the
ones hurt as well as harm the City's stature, which, in turn, will hurt the City's reputation. Ms. Riggs
requested Ciry Council Members vote in support of the School Board Budget.
Kaitlyn Jensen, 520 Woodshire Way, Phone: 646-5277, stated she is a 5"' year teacher in Virginia Beach
and only makes $1,000 more a year than when she began her career. The Schools cannot reduce the
number of teachers by several hundred without hurting the students. This vote tonight will determine if
the City will continue to have great schools or if the schools become average.
Dane Blythe, 2004 Oakleaf Lane; Phone: 537-1700, is the Chairman of Virginia Beach Taxpayers
Alliance. Mr. Blythe is OPPOSED to the Real Estate Tax increase and SUPPORTS Councilmen
DeSteph's and Moss' proposed budget. Mr. Blythe suggested the City use the revenue from the meals tax,
hotel tax and amusement tax before raising real estate tax rates.
May 8, 2012
-16-
Item -V-H.I
PUBLIC HEARING
ITEM #6I850(Continued)
Nena Luca, 1661 Sweet Bay Lane, Phone: 467-0662 is OPPOSED to the Real Estate Tax Rate increase.
Ms. Lucas stated the Ciry does not have a revenue problem but a spending problem. Out of control
spending is what got the City in this situation. The Ciry is supposed to be stewards of the tar payer's
money. The City would not have taken the Schools' reserve funds if Schools are important to the City. It
appears the taxpayers must feed the appetite of City Council even with sufficient tax dollars flowing thru
the City. Ms. Lucas encouraged City Council to consider the proposed Budget offered by Councilmen
DeSteph and Moss.
Jimmy Frost, 2240 Windom Place, Phone: 343-6768. Mr. Frost stated this is the 4`" straight year the City
has gone through this type of Budget and encourages City Council Members to consider the proposed
Budget offered by Councilmen DeSteph and Moss.
Andrew Jackson, 153 Upperville Road, Phone: 472-0901, stated he fully supports the Schools but City
Council has given "mis-information " to the Citizens. The Ciry took the reser-ve funds and told the School
Board they could have some back as long as they went along with Ciry Council's request. The tax rate
increase is just another attempt to "misinform " the Citizens. Public Safety, Schools and infi•astructure
are most important part of the City. Mr. Jackson encourages City Council Members to consider the
proposed budget offered by Councilmen DeSteph and Moss that requires no tax increase.
Barbara Messner requested City Council stop funding the tourism industry as it does not put anything
back into the Ciry. Ms. Messner expressed her disgust with the City Council.
Mona Safferstein, 727 Simpkins Lane, Phone: 227-9953, expressed her concern after reading the article
in the Pilot stating the majority of City Council Members has already made a decision on the budget. Ms.
Safferstein pointed out a few things not discussed tonight. The average home in Virginia Beach is 25
years old, which means a great deal of maintenance is needed to maintain. In 2000, assessments were
$16.8-Billion, and in 2009, they tripled to $49-Billion, yet the City has not given back to the citizens. Ms.
Safferstein agYees that teachers deserve pay raises but not at the cost of the Citizens.
William Stephany, 404 Palets Road, Phone: 486-4828, reminded City Council 17 out of 19 speakers were
in favor of Redistricting, yet the request was denied. Citizens are watching and will be heard in
November's election.
Carol Wright, 640 Bridgewater Arch, Phone: 473-9835, is OPPOSED to increase in the real estate tax
rate. The City needs to look at spending. The citizens should not be the first place City Council looks to
support their out-of-control spending.
Leslie Jones, 1996 Blue Knob Road, Phone: 351-1520, is a 50 year resident of the City supports the
proposed Budget offered by Councilmen DeSteph and Moss. Ms. Jones stated she will work to unseat the
City Council Members up for re-election in November who do not support this proposed Budget.
May 8, 2012
-17-
Item -V-H.l
PUBLIC HEARING
ITEM #61850(Continued)
Diane Howard, 1057 Debaca Court, Phone: 721-5128, stated homes are the Citizens' well. In past,
equity from homes could be used to help educate children or make home repairs but that is no longer the
case. The School Board has given pink slips to over 200 employees. Citizens are wondering how to
afford the costs of living. Ms. Howard encourages City Council to support the proposed Budget offered
by Councilmen DeSteph and Moss.
Marleyne Castelluzzo, 5189 Strafford Chase Drive, Phone: 474-4346, is the Vice-Chairman for the
Virginia Beach Taxpayers Alliance and is not in favor of an increase to the Real Estate Tax Rate. The
City Manager claims the assessments have fallen over the years but in FY2000 Assessments were valued
at $168-Billion. Ms. Castelluzzo would like to know where the money has gone. From FY2000 -
FY2005, the Assessrnent grew $53-Million. The tax rate was finally reduced in 2005. From FY2005-
2009 residential assessments soared $48.9-Billion, which equates to a 190% increase from FY2000.
Over the last few weeks, a few citizens have spoken in favor of the real estate tar increase but all of those
individuals will benefit from the increase.
Gordon Smith, 1740 Rally Road, Phone: 496-5846, resides in Great Neck. Mr. Smith stated if City
Council has a plan that will not raise taxes and it is not implemented, it will appear to the Citizens that
you are not paying attention after a long run of gi^eat success.
Nancy Craft, 3112 New Bridge Road, Phone: 426-2019, expressed her happiness in living in the City and
supports some very difficult decisions to be made by City Council Members. Ms. Craft encouraged the
Ciry Council to be courageous and do a better job than the General Assembly has done and support the
increase in real estate tax rate.
Debbie Pavon, 3497 Glen Arden Road, Phone: 620-6511, is a Member of the Hampton Roads Tea Parry
Board of Directors and is in strong opposition of any increase in the Real Estate Tax Rate. In addition,
the group is in support of the proposed Budget offered by Councilmen DeSteph and Moss.
Gil Garcia, 900 Ringfield Road, Phone: 404-4313, stated the key word is "increase ". Mr. Garcia does
not begrudge the teachers and their need for a pay raise but does not feel this is the time for an increase
in Real Estate Tax Rate. Mr. Garcia urged City Council to consider the proposed Budget offered by
Councilmen DeSteph and Moss.
Caleb Dobbs, 1100 Woodcock Lane, Phone: 620-6932, stated his wife is a teacher but she is not asking
Ciry Council to raise Real Estate Taxes in order for her to receive a pay raise. There are ways to cut
spending. Election time is just around the corner. The City's revenue comes from the citizens and the
hard choice would be to cut some of the projects that City Council supports but are not needed.
Waverly Woods, 2453 Haversham Close, Phone: 749-8266, stated the last thing the City needs is a job
killing tax increase. The City Council should live within its means. 30% of all students aYe on free or
reduced lunch. Ms. Woods stated that anyone that supports an increase to the real estate tcrx rate should
be voted out as soon as possible. City Council is in a better position to reduce spending than citizens are
to pay more taxes.
May 8, 2012
-18-
Item -V-H.1
PUBLIC HEARING
ITEM #61850(Continued)
John Kuchta, 1132 Little Neck, Phone: 468-9020, is a homeowner in Virginia Beach and owner of a
company in the construction services industry. Mr. Kuchta made drastic changes to the way he has done
business and local government should do the same. City Council should consider the proposed Budget
offered by Councilmen DeSteph and Moss.
Loretta Young, Phone: 427-5796, is in favor of the proposed Budget offered by Councilmen DeSteph and
Moss. Ms. Young is in favor of School employees receiving a pay raise but not at the expense of the
ci tizens.
Warner Athey, 2161 Vista Circle, Phone: 715-8228, stated that Governor McDonnell has done an
excellent job in balancing the State Budget. The Governor is the 4`" highest paid Governor in the Country
but we have City employees that make more than the Governor. Mr. Athey is a business owner in the City
and he is an unpaid maintenance man due to the property taxes. Please do not raise the tax rate.
Chuck Smith, 5628 State Street, Phone: 435-3265, is in favor of the proposed Budget offered by
Councilmen DeSteph and Moss. The City should reduce spending. We do not need to burden the Citizens
of Virginia Beach but the City Council should greatly reduce spending.
Ed Maulbeck, 3980 Richardson Road, Phone: 490-1507, is a Member of the Republican Party and on
Board with the Taxpayers Alliance in supporting the proposed Budget offered by Councilmen DeSteph
and Moss. City Council needs to make a hard decision, sit down with a sharp pencil and go to work. His
wife is a teacher but he is not supporting an increase to the Real Estate Tax Rate.
There being no other speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
May 8, 2012
-19-
Item -V-H.2
PUBLIC HEARING
ITEM #61851
Mayor Sessoms DECLARED A PUBLIC HEARING:
INSTALLMENT PURCHASE AGREEMENT (ARP)
Head of River Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
May 8, 2012
-20-
Item -V-H.3
PUBLIC HEARING
ITEM #6I852
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY-ON'NED PROEPRTY
2"° Street and Atlantic
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
May 8, 2012
-z 1-
ADOPT AGENDA
FOR FORMAL SESSION ITEM #61853
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 8, 2012
-22-
Item -V-I
ORDINANCES/RESOL UTIONS ITEM #61854
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, IN
ONE MOTION, Items 2a/b, 3, 4, S and 6a1b1c of the CONSENT AGENDA.
Councilman DeSteph shall ABSTAIN and Councilman Moss shall vote a VERBAL NAY on Item 3
ARP 3400 LAND OF PROMISE ROAD
Councilman DeSteph stated his ABSENTION is every time the City Council considers an application
under the Agriculture Reserve Program, as it increases the value of his agriculturalproperty in that area.
Councilman Moss stated his NAY vote is consistent with other issues as this is a discretionary expense.
The City is only forecast to grow by three tenths of 1% over the next five years and the money could be
better spent on today's needs.
Councilman Moss shall vote a VERBAL NAY on Item 4
Councilman Uhrin shall ABSTAIN on Item 4
AUTHORIZE Lease with Schooner Inn
Councilman Moss stated his NAY vote is because he believes the City is not getting the money in
accordance with the value of the land.
Troting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
.tames L. Wood
Council Members Yoting Nay:
None
Council Members Absent:
None
May 8, 2012
-23-
Item -V-I.1
ORDINANCES/RESOL UTIONS ITEM #6I855
The following individuals registered to speak:
William Stephany, 404 Palets Road, Phone.• 486-4828, f-eqasested City Council not raise taxes.
Robert Dean stated the Ciry needs to craft an economic development to attract high paying jobs and give
the children the opportunity to remain in Virginia Beach. Mr. Dean read Mayor Sessoms campaign ad
and stated that he was going in the opposite direction of his campaign promises. In FY2000, total
assessments were valued at $20.8-Bllion and of that $168-Billion was residential homes. In FY2012,
total assessrnents were valued at $50.4-Billion and of that $42.5-Billion were residential homes. The
share of residential assessments in FY2000 was 80.7% and today it has risen to 84.3% the opposite
direction. Citizens cannot afford any more taxes.
Roger Dadiomoff, 3030 Sand Bend Road, stated this is a"theatre" because it is obvious to him that each
Ciry Council Member has their mind made up. Mr. Dadiomoff has a daughter that is a Special Needs
Teacher and his wife is a School Nurse. If the Citizens want change, then they have to make that change
with Council Members. Ciry Council gives citizens $1-Dollar and takes away $S-Dollars. It is time to
vote City Council Members out of office.
Barbara Messner is in support of the proposed Budget offered by Councilmen DeSteph and Moss.
Diane Howard, 1057 Debaca Court, Phone: 721-5128, is in support of the proposed Budget offered by
Councilmen DeSteph and Moss.
Marleyne Castelluzzo, 5189 Strafford Chase Drive, Phone: 474-4346, is Vice-Chairman of the Virginia
Beach Taxpayer's Alliance and is in support of the proposed Budget offered by Councilmen DeSteph and
Moss. Ms. Castelluzzo requested revenues fYOm tourism be diverted before raising taxes.
Ron Aksel, 2800 Bamberg Place, Phone: 618-3681, supports the proposed Budget offered by Councilmen
DeSteph and Moss. It is obvious listening to the speakers tonight that the majority do not want higher
taxes.
John Kuchta, 1132 Little Neck Road, Phone: 468-9020, encourages Ciry Council to consider the
proposed Budget offered by Councilmen DeSteph and Moss.
Waverly Woods, 2453 Haversham Close, Phone: 749-8266, supports the proposed Budget offered by
Councilmen DeSteph and Moss. Ms. Woods stated November is not that far away and raising taxes
should be the City Council's last option.
Petey Browder, 1204 Shawn Drive, Phone: 773-6732, stated Virginia Beach is a great place to live and
the Citizens are what makes it great. The City is not only about the stellar School System but more about
the results of parents being at home raising their children. The City needs to get back to core services.
Ms. Browder supports the proposed Budget offered by Councilmen DeSteph and Moss. If City Council
raises taxes, they will lose her vote.
May 8, 2012
-24-
Item -V-I.l
ORDINANCES/RESOLUTIONS ITEM #6I855(Continued)
John Fenter supports the proposed Budget offered by Councilmen DeSteph and Moss. The City
represents the Citizens. Mr. Fenter agrees with Councilman DeSteph and Moss.
Dale Anderson stated that Seniors no longer find the City to be a"Community for a Lifetime ". With
additional and higher fees, lifestyles have changed. The Ciry needs to reduce the number of employees.
There were no additional speakers.
Councilman Moss MOVED that Option Number Two: Councilmen DeSteph and Moss Proposed
Os°dinances be ADOPTED. Council Lady Wilson seconded the motion.
Councilman Wood made a SUBSTITUTE MOTION to ADOPT Option Number One: The Mayor and
Vice-Mayor's Reconciled Proposed Ordinances, seconded by Vice Mayor Jones, City Council
ADOPTED, OPTIONNUMBER ONE: The Mayor and Vice Mayor's Reconciled Proposed Ordinances:
a. APPROPRIATIONSfor the Fiscal YeaY Operations of $1, 767, 701,362
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year (95¢ per
$100 assessed valuation)
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for
Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for
the US Department of Housing and Urban Development (HUD)
e. DECLARE $7-Million within the Sandbridge Tax Increment Financing
District as Surplus in the 2011-12 Budget
f. COMPLETE the City's fznancial obligations associated with the
Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven
Mall Tax Increment Financing Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the Ciry Code to ADD §§8-37 and 33-72
ESTABLISHING a Technology Fee of Five Dollars ($S) for Building,
Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain
other permits
IMPLEMENT the FY 20I2-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital ImproveJnent Program (CIP)
and APPROPRIATE $277,566,687 for the FY 2013 Capital Budget,
subject to available funds from various sources
May 8, 2012
-25-
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds
of $67.7-Million (maximum) for public facilities and general
improvements
Item -V-I.l
ORDINANCES/RESOLUTIONS ITEM #61855(Continued)
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of
$27-Million (maximum)
d. REALIGN revenues of the Roadways CIP from various sources
Voting: 8-3
Council Members Voting Aye:
Glenn R. Davis, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis
R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
William R. "Bill " DeSteph, Robert M. Dyer and John D. Moss
Council Members Absent:
None
t11ay 8, 2012
-26-
Item -V-I.1
ORDINANCES/RESOL UTIONS ITEM #61855-A
As the SUBSTITUTE MOTION WAS VOTED IN THE AFFIRMATIVE, the City Attorney stated it
necessaryfor the SUBSTITUTE MOTION TO BE REAFFIRMED
Upon restated motion by Councilman Wood, seconded by Vice Mayor Jones, City Council ADOPTED,
OPTIONNUMBER ONE.• The Mayor and Vice Mayor's Reconciled Proposed Ordinances:
a. APPROPRIATIONSfor the Fiscal Year Operations of $1, 767, 701,362
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year (95¢ per
$100 assessed valuation)
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for
Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for
the US Department of Housing and Urban Development (HUD)
e. DECLARE $7-Million within the Sandbridge Tax Increment Financing
District as Surplus in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the
Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven
Mall Tax Increment Financing Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72
ESTABLISHING a Technology Fee of Five Dollars ($S) for Building,
Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain
other permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP)
and APPROPRIATE $277,566,687 for the FY 2013 Capital Budget,
subject to available funds from various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds
of $67.7-Million (maximum) for public facilities and general
improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of
$27-Million (maximum)
d. REALIGN revenues of the Roadways CIP from various sources
May 8, 2012
-27-
Item -V-I.l
ORDINANCES/RESOL UTIONS ITEM #61855 A(Continued)
Voting: 8-3
Council Members Yoting Aye:
Glenn R. Davis, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis
R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, RosemaYy
Wilson and James L. Wood
Council Members Yoting Nay:
William R`Bill " DeSteph, Robert M. Dyer and John D. Moss
Council Members Absent:
None
May s, 2 o12
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
2 BEGINNING JULY 1, 2012 AND ENDING JUNE 30, 2013 IN THE SUM OF
3 $ 1,767,701,362 FOR OPERATIONS
4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning
5 luly 1, 2012, and ending June 30, 2013, and it is necessary to appropriate sufficient funds to cover said budget;
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
8
9 Sec.1. That the amounts named aggregating $2,451,937,659 consisting of $499,905,552 in inter-fund transfers,
10 $184,330,745 for internal service funds, and $1,767,701,362 for operations, are hereby appropriated subject to the
11 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for the
12 purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference,
13 for the fiscal year beginning July 1, 2012, and ending lune 30, 2013, a summary of which is attached to this ordinance as
14 "Attachment A - Appropriations."
15
16 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations is set
17 forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations attached to this
18 ordinance as "Attachment B- Revenues."
19
20 Sec. 3. With the exception of the funds under the control of the School Board, specifically the funds numbered 106, 107,
21 108, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as "School Board Funds"), the total number of
22 full-time permanent positions shall be the maximum number of positions authorized for the various departments of the
23 City during the fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City
24 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the
25 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. The City
26 Manager is further authorized to make such rearrangements of positions within and between the departments as may best
27 meet the needs and interests of the City, including changes necessary to implement the employee transition program.
28
29 Sec.4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby
30 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal
31 year as may be necessary to irraplement organizational adjustments that have been authorized by the City Council. Unless
32 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the
33 City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing
34 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and
35 progress of any such organizational adjustments.
36
37 Sec. S. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service District
38 Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax levy.
39
40 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the
41 fiscal year ending on June 30, 2013, unless otherwise provided for, are hereby declared to be lapsed into the fund balance
42 of the respective funds, except all appropriations to School Board Funds derived from local public sources which shall lapse
43 and revert to the General Fund Balance, and may be used for the payment of the appropriations that may be made in the
44 appropriation ordinance for the fiscal year beginning July 1, 2013. Prior to the expenditure of any sums that have lapsed to
45 the fund balance of any fund, an appropriation by the City Council shall be required.
46
47 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for
48 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water
49 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be
50 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue
51 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less
52 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non-borrowed funds, on a five-year rolling
53 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system.
54
55 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close
56 of the bsasiness for the fiscal year ending on June 30, 2013, are hereby declared to be re-appropriated into the fiscal year
57 beginning July 1, 2013, and estimated revenues adjusted accordingly.
58
59 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal
60 sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 30, 2012, are
61 hereby declared to be re-appropriated into the fiscal year beginning July 1, 2012, and estimated revenues adjusted
62 accordingly. The close out of anv srant or similar funding mechanism shall account for all expenditures in such grant and
63 provided there is anv remainins balance in the srant the portion of the balance attributable to local sources shall revert to
64 the General Fund special revenue fund or enterprise fund that provided the local contribution.
65
66 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall
67 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. It
68 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the
69 totals for each Appropriation Unit included in this ordinance and does not apply to Inter-fund Transfers.
70
71 Sec.11. The City Manager or the Director of Management Services is hereby authorized to approve transfers of
72 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City
73 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the
74 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for
75 Contingencies - Regular, within the intent of the Reserve as approved by City Council.
76
77 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer
78 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the
79 programs and services adopted by the City Council. The City Manager or the Director of Management Services is further
80 authorized to establish administrative directives to provide additional management oversight and control to ensure the
81 integrity of the City's budget.
82
83 Sec. 13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated
84 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating
85 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce,
86 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager
87 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City
88 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The
89 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of
90 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby
91 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for
92 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any
93 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded
94 debt of the City Government.
95
96 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments,
97 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and
98 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per
99 mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional miles of such use within the
100 fiscal year.
101
102 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably
103 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to
104 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure
105 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the
106 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City
107 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that
108 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in
109 which the emergency expenditures occurred.
110
111 An emergency is defined for the purposes of this provision as an event that could not have been reasonably
112 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or
113 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public
114 properties.
115
116 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to
117 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of
118 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically
119 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump-sum" amounts.
120
121 Sec. 17. The Citv Manaper is herebv authorized to allocate funding, within the agpregate amounts approved bv Citv
122 Council for total compensation, to implement the General Assembly mandated chanpes to the Virginia Retirement Svstem
123 ("VRS") that require all full-time Citv emplovees hired before Julv 1, 2010 to pav one percent (1%) of their salaries to the
124 VRS to be offset bv a pav increase of one percent (1%).
125
126 Sec. 18. That the Citv Manager or his designee is herebv authorized to implement the organizational and financial
127 adiustments necessarv to eliminate the Print Shop Internal Service Fund. Anv funds provided to the Print Shop Internal
128 Service Fund that are unoblisated and unencumbered at the close of business on June 30, 2012, shall lapse and such lapsed
129 funds shall be transferred to the fund balance of the General Fund.
130
131 Sec. 19. That the Citv Manager or his designee is hereby authorized to implement the organizational and financial
132 adiustments necessarv to functions of the Office of the Real Estate Assessor and the Commissioner of the Revenue in the
133 followins manner:
134
135 a. The Commissioner of the Revenue will be the Citv Manager's designee for the processing of applications
136 for the Real Estate Tax Relief for the Elderlv and Disabled Persons Program and the recentlv enacted tax
137 exemption for service disabled veterans:
138 b. Two FTEs are transferred from the Office of the Real Estate Assessor to the Commissioner of the Revenue
139 to execute the above subsection;
140 c. The_ duties for the processing of the land book are transferred from the Commissioner of the Revenue to
141 the Office of the Real Estate Assessor:
142 d. Funding in the amount of $178,500 is provided for the deliverv of the services in the above subsections.
143
144 Sec. 1420. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons
145 responsible for the management of the Appropriation Unit in which the violation occurred.
146
147 , ,
148 , ,
149 :nur.,,. ..+ i.,te..,ai c.,..,i,-„ F??.,, „fF,,,.*i i 30, 2014
us? "'
150
151 , 500,000
152
WneBO,2011.
154 Sec. 2-821. `""t" *"^ ^(^^^*;^^ ^F S^E*°^^s, 4^^a 49, +This ordinance shall be effective on July 1, 2012.
155
156 Sec. 2422. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
157 affect the validity of the remaining parts of this ordinance.
158
159 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 8`h day of May, 2012.
160
161 Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services it rn 's ice
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
FY 2012-13
Proposed
002 General Fund
Agriculture
Benefits Administration
Board of Equalization
Circuit Court
City Attorney
City Auditor
City Clerk
City Manager
City Real Estate Assessor
City Treasurer
Clerk of the Circuit Court
Commissioner of the Revenue
Commonwealth's Attorney
Communications and Information Technology
Community Organization Grants
Convention and Visitor Bureau
Cultural Affairs
Debt Service
Director of Finance
Economic Development
Emergency Communications and Citizen Services
Emergency Medical Services
Employee Special Benefits
Fire
General District Court
General Registrar
Health
Housing and Neighborhood Preservation
Human Resources
Human Services
Independent Financial Services
Juvenile and Domestic Relations District Court
Juvenile Probation
Leases
Library
Magistrates
Management Services
Mass Transit Operations
Municipal Council
Museums
Parks and Recreation
Planning
Police
Public Works
Regional Participation
Reserve for Contingencies
Revenue Reimbursements
Strategic Growth Area
Transfer to Other Funds
Vehicle Replacements
757,224
662,283
15,846
1,034, 008
3,819,468
623,735
576,749
2,658,037
3,175,280
5,111,193
3,041,507
4,035,389
7,491,148
22,842,774
426,343
8,839,297
2,358,924
48, 083,117
4,939,761
2,561,326
10,453,477
7,726,688
5,266,655
44,588,074
359,618
1,378,340
2,991,428
1,680,366
4,291,809
106, 030, 865
153,878
137,438
1,781,767
1,673,225
17, 392, 209
95,514
1,514, 382
4,472,679
545,118
10,039,310
13,233, 825
9,969,591
92, 000,136
63,639,425
1,993,213
2,927,122
15,957,439
952,992
439,453,041
5.111.914
Fund 002 Appropriation Totals 990,864,947
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
FY 2012-13
Proposed
098 School Reserve Special Revenue Fund
Transfer to Other Funds 11,000,000
Fund 098 Appropriation Totals 11,000,000
106 School Technoloqv Cateqorv Special Revenue Fund
Technology
26.338.973
Fund 106 Appropriation Totals 26,338,973
107 School Equipment Replacement Saecial Revenue Fund
Reserve for Contingencies 902,602
Fund 107 Appropriation Totals 902,602
109 School Vendinq Operations Fund
Athletic
112 School Communication Tower Technoloqv Fund
Instructional Technology
114 School Cafeteria Fund
Cafeteria
115 School Operatinq Fund
Administration, Attendance, and Health
City Manager Adjustment
Debt Service
Instruction
Operations and Maintenance
Pupil Transportation
116 School Grants Fund
Grants
117 School Textbook Fund
Textbook
119 School Athletic Special Revenue Fund
Athletic
329,561
Fund 109 Appropriation Totals 329,561
600,000
Fund 112 Appropriation Totals 600,000
28, 343,127
Fund 114 Appropriation Totals 28,343,127
21,434,692
-3,728,043
44,747,986
522,820,730
87,242,879
30,154, 558
Fund 115 Appropriation Totals 702,672,802
68,578,220
Fund 116 Appropriation Totals 68,578,220
15,117,601
Fund 117 Appropriation Totals 15,117,601
4,941,085
Fund 119 Appropriation Totals 4,941,085
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
130 Law Librarv Fund
Library
Reserve for Contingencies
Transfer to Other Funds
142 DEA Seized Propertv Special Revenue Fund
Commonwealth's Attorney
144 Waste Manaqement Special Revenue Fund
Public Works
FY 2012-13
Proposed
224,869
2,329
57,252
Fund 130 Appropriation Totals 284,450
200,000
Fund 142 Appropriation Totals 200,000
41.455,404
Fund 144 Appropriation Totals 41,455,404
147 Federal Section 8 Proqram Special Revenue Fund
Housing and Neighborhood Preservation 17,474,801
Fund 147 Appropriation Totals 17,474,801
149 SherifFs Department Special Revenue Fund
Sheriff and Corrections
Transfer to Other Funds
151 Parks and Recreation Special Revenue Fund
Debt Service
Future C.I.P. Commitments
Parks and Recreation
Public Works
Transfer to Other Funds
152 Tourism Investment Proaram Fund
Convention and Visitor Bureau
Cultural Affairs
Debt Service
Mass Transit Operations
Parks and Recreation
Public Works
Strategic Growth Area
Transfer to Other Funds
38,935,820
24,551
Fund 149 Appropriation Totals 38,960,371
1,889,313
1,597,465
28, 364,155
2,772,645
2,573,615
Fund 151 Appropriation Totals 37,197,193
100,000
50,500
26,252,872
590,000
275,485
915,684
3,522,454
4,326,391
Fund 152 Appropriation Totals 36,033,386
157 Sandbridqe Special Service District Spec Rev Fd
Transfer to Other Funds 4,804,405
Fund 157 Appropriation Totals 4,804,405
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
161 Aqriculture Reserve Proqram Special Revenue Fund
Agriculture
Debt Service
Reserve for Contingencies
Fund 161 Appropriation Totals
FY 2012-13
Proposed
215,950
3,643,024
477,652
4,336,626
163 Tourism Advertisinq Proqram Special Revenue Fund
Convention and Visitor Bureau 10,084,811
Transferto OtherFunds 56,838
Fund 163 Appropriation Totals 10,141,649
166 Sandbridqe Tax Increment Financinq Fund
Future C.I.P. Commitments
7.113.616
Fund 166 Appropriation Totals 7,113,616
169 Central Business District-South TIF (Twn Cntr) Fd
Debt Service 5,588,312
Transfer to Other Funds 150,000
Fund 169 Appropriation Totals 5,738,312
172 Open Space Special Revenue Fund
Debt Service
Parks and Recreation
Public Works
Transferto OtherFunds
174 Town Center Special Service District
Parks and Recreation
Town Center Special Tax District
Transferto OtherFunds
2,433,043
490,838
15,300
2,026,724
Fund 172 Appropriation Totals 4,965,905
29,367
1,580,361
337.197
Fund 174 Appropriation Totals 1,946,925
180 Community Development Special Revenue Fund
Housing and Neighborhood Preservation
Transfer to Other Funds
181 CD Loan and Grant Fund
Housing and Neighborhood Preservation
182 Federal Housinq Assistance Grant Fund
Housing and Neighborhood Preservation
2,058,899
128,858
Fund 180 Appropriation Totals 2,187,757
595,488
Fund 181 Appropriation Totals 595,488
899.400
Fund 182 Appropriation Totals 899,400
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
FY 2072-13
Proposed
183 Grants Consolidated Fund
Commonwealth's Attorney 333,680
Emergency Medical Services 375,000
Fire 757,260
Housing and Neighborhood Preservation 1,281,227
Human Services 1,677,882
Police 75,866
Public Works 15,000
Reserve for Contingencies 100,000
Transfer to Other Funds 400,000
Fund 183 Appropriation Totals 5,015,915
241 Water and Sewer Fund
Debt Service 20,050,544
Public Utilities 75,674,801
Reserve for Contingencies 1,072,393
Transfer to Other Funds 18,249,158
Fund 241 Appropriation Totals 115,046,896
253 Parkinq_Enterprise Fund
Debt Service 725,012
Reserve for Contingencies 282,477
Strategic Growth Area 1,631,798
Transfer to Other Funds 433,428
Fund 253 Appropriation Totals 3,072,715
255 Storm Water Utility Enterprise Fund
Debt Service 2,359,776
Public Works 16,183,127
Reserve for Contingencies 220,000
Transfer to Other Funds 15,764,934
Fund 255 Appropriation Totals 34,527,837
310 Old Donation Creek Area Dredqinq SSD
Transfer to Other Funds 68,652
Fund 310 Appropriation Totals 68,652
311 Bavville Creek Neiqhborhood Dredqinq SSD Fund
Transfer to Other Funds
50,508 ' -
Fund 311 Appropriation Totals 50,508
540 General Government Capital Proiects Fund
Building Capital Projects
Coastal Capital Projects
Communications and Information Technology Projects
Economic and Tourism Development Capital Projects
Parks and Recreation Capital Projects
Roadways Capital Projects
965,000
6,138, 895
560,329
5,824,859
7,373,332
2.590.000
Fund 540 Appropriation Totals 23,452,415
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Approqriations
FY 2012-13
Proposed
541 Water and Sewer Capital Proiects Fund
Water and Sewer Capital Projects 8,000,000
Fund 541 Appropriation Totals 8,000,000
555 Storm Water Capital Proiects Fund
14,202,870
Storm Water Capital Projects
Fund 555 Appropriation Totals 14,202,870
606 Citv Garaqe Internal Service Fund
10,646,769
Public Works
Fund 606 Appropriation Totals 10,646,769
607 Risk Manaqement Internal Service Fund
11,071,818
Director of Finance
Fund 607 Appropriation Totals 11,071,818
610 Capital Proiects Internal Service Fund
Communications and Information Technology 197,364
164,434
Director of Finance 80,671
Economic Development 283,348
Public Works
Fund 610 Appropriation Totals 725,817
613 School Landscapinq Internal Service Fund
3,676,911
Parks and Recreation
Fund 613 Appropriation Totals 3,676,911
614 School Risk Manaqement Fund
11,488,946
School Risk Management
Fund 614 Appropriation Totals 11,488,946
615 Citv and School Health Insurance Fund
132,851,160
City and School Health Insurance
Fund 615 Appropriation Totals 132,851,160
616 Fuels Internal Service Fund
7,009,359
Public Works
Fund 616 Appropriation Totals 7,009,359
620 Telecommunications Internal Service Fund
Communications and Information Technology 2'$07'772
447,320
Reserve for Contingencies
Fund 620 Appropriation Totals 3,255,092
621 Subscriptions Internal Service Fund
Communications and Information Technology 2,606,092
998'781
Reserve for Contingencies
Fund 621 Appropriation Totals 3,604,873
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
FY 2012-13
Proposed
908 City Beautification Fund
Parks and Recreation 72,500
Fund 908 Appropriation Totals 72,500
909 Librarv Gift Fund
Library
910 Parkinq Meters - Homeless Donation Fund
Housing and Neighborhood Preservation
911 Parks and Recreation Gift Fund
Parks and Recreation
Total Budget Appropriations
Less Internal Service Funds
Lesslnterfund Transfers
NET BUDGET APPROPRIATIONS
7,000
Fund 909 Appropriation Totals 7,000
10,000
Fund 910 Appropriation Totals 10,000
55,000
Fund 911 Appropriation Totals 55,000
2,451,937, 659
184,330,745
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
002 General Fund
Revenue From Local Sources
Automobile License
Business License
Charges for Services
Cigarette Tax
Fines and Forfeitures
From the Use of Money and Property
General Sales Tax
Hotel Room Tax
Miscellaneous Revenue
Other Taxes
Permits, Privilege Fees, and Regulatory Licenses
Personal Property
Real Estate
Restaurant Meal Tax
Utiliry Tax
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Specific Fund Reserves
Transfers from Other Funds
FY 2012-13
Proposed
9,627,435
42,423,932
34,175,279
11,218,625
6,043,373
5,095,499
54,098,252
5,622,146
6,062,974
16,690, 556
4,476,243
132,412,895
438,975,636
35,146,135
44,979,473
91,966,749
16,730,201
21,087,917
14,031,627
Fund 002 Revenue Totals 990,864,947
098 School Reserve Sqecial Revenue Fund
Specific Fund Reserves 11,000,000
Fund 098 Revenue Totals 11,000,000
106 School Technoloqv Cateqorv Special Revenue Fund
Transfers from Other Funds 26,338,973
Fund 106 Revenue Totals 26,338,973
107 School Equipment Replacement Special Revenue Fund
Specific Fund Reserves 902,602
Fund 107 Revenue Totals 902,602
109 School Vendinq Operations Fund
Revenue From Local Sources
Miscellaneous Revenue
Specific Fund Reserves
112 School Communication Tower Technoloqv Fund
Revenue From Local Sources
From the Use of Money and Property
Specific Fund Reserves
192,550
137,011
Fund 109 Revenue Totals 329,561
260,000
340,000
Fund 112 Revenue Totals 600,000
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
114 School Cafeteria Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Specific Fund Reserves
115 School Operatinq Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources ftom the Commonwealth
State Shared Sales Tax
Revenue from the Federal Government
Transfers from Other Funds
116 School Grants Fund
Revenue From Local Sources
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
117 School Textbook Fund
Revenue From Local Sources
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Specific Fund Reserves
119 School Athletic Special Revenue Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
Specific Fund Reserves
FY 2012-13
Proposed
14,030,889
8,091
130,000
Fund 114 Revenue Totals
485,000
13, 361,841
327,306
28, 343,127
2,183, 837
465,000
657,000
241, 055,084
69,064,589
17,141,085
372,106,207
Fund 115 Revenue Totals 702,672,802
3,274,643
15,446,303
49,857,274
Fund 116 Revenue Totals 68,578,220
100,000
10,000
3,790,074
11,217,527
Fund 117 Revenue Totals 15,117,601
489,000
45,000
4,197,085
210,000
Fund 119 Revenue Totals 4,941,085
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
FY 2012-13
Proposed
130 Law LibrarY Fund
Revenue From Local Sources
270,000
Charges for Services 4,450
From the Use of Money and Property 10,000
Specific Fund Reserves
Fund 130 Revenue Totals 284,450
142 DEA Seized Propertv Special Revenue Fund
200,000
Specific Fund Reserves
Fund 142 Revenue Totals 200,000
144 Waste Manaqement Special Revenue Fund
Revenue From Local Sources
26,345,070
Charges for Services 125,000
From the Use of Money and Property 000
175
Permits, Privilege Fees, and Regulatory Licenses ,
Revenue from the Commonwealth
390
35
Other Sources from the Commonwealth ,
Transfers from Other Funds 14,774,944
Fund 144 Revenue Totals 41,455,404
147 Federal Section 8 Proqram Special Revenue Fund
Revenue From Local Sources
Charges for Services 20,733
Miscellaneous Revenue 32,000
Revenue from the Federal Government 16,986,704
Specific Fund Reserves 192,591
Transfers from Other Funds 242'773
Fund 147 Revenue Totals 17,474,801
149 Sheriff s Department Special Revenue Fund
Revenue From Local Sources
4,422,511
Charges for Services 17
500
From the Use of Money and Property ,
Miscellaneous Revenue 10,000
Revenue from the Commonwealth
747
17
359
Other Sources from the Commonwealth ,
,
Revenue from the Federal Government 1,149,750
Specific Fund Reserves 1,255,833
745
030
14
Transfers from Other Funds ,
,
Fund 149 Revenue Totals 38,960,371
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
151 Parks and Recreation Special Revenue Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
Permits, Privilege Fees, and Regulatory Licenses
Real Estate
Revenue from the Commonwealth
Other Sources from the Commonwealth
Specific Fund Reserves
Transfers from Other Funds
152 Tourism Investment Proqram Fund
Revenue From Local Sources
Amusement Tax
Cigarette Tax
Fines and Forfeitures
From the Use of Money and Property
Hotel Room Tax
Permits, Privilege Fees, and Regulatory Licenses
Restaurant Meal Tax
Specific Fund Reserves
Transfers from Other Funds
FY 2012-13
Proposed
12,938,096
1,477,888
2,500
700
16,749,009
26,000
526,082
5,476,918
Fund 151 RevenueTotals 37,197,193
5,800,563
934,885
776,000
593,277
14, 333,141
90,000
10,604,887
2,650,633
250,000
Fund 152 Revenue Totals 36,033,386
157 Sandbridqe Special Service District Spec Rev Fd
Revenue From Local Sources
7
100
From the Use of Money and Property ,
Hotel Room Tax 1,306,790
Real Estate 581,621
Specific Fund Reserves 631,522
Transfers from Other Funds 2,277'372
Fund 157 Revenue Totals 4,804,405
161 Aqriculture Reserve Proq ram Special Revenue Fund
Revenue From Local Sources
Real Estate 4,336,626
Fund 161 Revenue Totals 4,336,626
163 Tourism Advertisinq Pro qram Special Revenue Fund
Revenue From Local Sources
Charges for Services 201,970
From the Use of Money and Property 42,730
Hotel Room Tax 4,846,444
Miscellaneous Revenue 48,200
Restaurant Meal Tax 5,002,305
Fund 163 Revenue Totals 10,141,649
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
FY 2012-13
Proposed
166 Sandbridqe Tax Increment Financinq Fund
Revenue From Local Sources
From the Use of Money and Properry 15,300
Real Estate 7,098,316
Fund 166 Revenue Totals 7,113,616
169 Central Business District-South TIF (Twn Cntr) Fd
Revenue From Local Sources
From the Use of Money and Property 3,000
Hotel Room Tax 500,000
Real Estate 4,976,213
Specific Fund Reserves 259,099
Fund 169 Revenue Totals 5,738,312
172 Open Space Special Revenue Fund
Revenue From Local Sources
From the Use of Money and Property 14,560
Restaurant Meal Tax 4,402,029
Specific Fund Reserves 549,316
Fund 172 Revenue Totals 4,965,905
174 Town Center Special Service District
Revenue From Local Sources
2
600
From the Use of Money and Property ,
Real Estate 1,476,231
Specific Fund Reserves 318,094
Transfers from Other Funds 150,000
Fund 174 Revenue Totals 1,946,925
180 Communitv Development Special Revenue Fund
Revenue From Local Sources
70
000
Charges for Services ,
Revenue from the Federal Government 1,405,417
Transfers from Other Funds 712,340
Fund 180 Revenue Totals 2,187,757
181 CD Loan and Grant Fund
Non-Revenue Receipts 100,000
Revenue from the Federal Government 370,488
Transfers from Other Funds 125,000
Fund 181 Revenue Totals 595,488
182 Federal Housinq Assistance Grant Fund
Non-Revenue Receipts 70,000
Revenue from the Federal Government 829,400
Fund 182 Revenue Totals 899,400
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
FY 2012-13
Pronosed
183 Grants Consolidated Fund
Revenue From Local Sources
Charges for Services 39,735
Revenue from the Commonwealth
Other Sources from the Commonwealth 2,953,917
Revenue from the Federal Government 1,498,154
Transfers from Other Funds 524,109
Fund 183 Revenue Totals 5,015,915
241 Water and Sewer Fund
Non-Revenue Receipts 2,665,095
Revenue From Local Sources
108,727,428
Charges for Services 447
559
From the Use of Money and Property ,
Miscellaneous Revenue 330,218
Revenue from the Federal Government 1,017,733
1,088,296
Specific Fund Reserves 658,679
Transfers from Other Funds
Fund 241 Revenue Totals 115,046,896
253 Parkinq Enterprise Fund
Revenue From Local Sources
Charges for Services 3,050,215
From the Use of Money and Property 22,500
Fund 253 Revenue Totals 3,072,715
255 Storm Water Utilitv Enterprise Fund
Revenue From Local Sources
32,278,283
Charges for Services 125
000
From the Use of Money and Property ,
Revenue from the Federal Government 288'259
836,295
1
Transfers from Other Funds ,
Fund 255 Revenue Totals 34,527,837
310 Old Donation Creek Area Dredqinq SSD
Revenue From Local Sources
68,652
Real Estate
Fund 310 Revenue Totals 68,652
311 Bavville Creek Neiqhborhood Dredclina SSD Fund
Revenue From Local Sources
50,508
Real Estate
Fund 311 Revenue Totals 50,508
540 General Government Capital Proiects Fund
Transfers from Other Funds 23,452,415
Fund 540 Revenue Totals 23,452,415
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
FY 2012-13
Proposed
541 Water and Sewer Capital Proiects Fund
Transfers from Other Funds 8,000,000
Fund 541 Revenue Totals 8,000,000
555 Storm Water Capital Proiects Fund
Transfers from Other Funds 14,202,870
Fund 555 Revenue Totals 14,202,870
606 Citv Garaqe Internal Service Fund
Revenue From Local Sources
616
769
10
Charges for Services ,
,
Miscellaneous Revenue 30,000
Fund 606 Revenue Totals 10,646,769
607 Risk Manaqement Internal Service Fund
Revenue From Local Sources
026
818
11
Charges for Services ,
,
From the Use of Money and Property 30,000
Miscellaneous Revenue 15,000
Fund 607 Revenue Totals 11,071,818
610 Capital Proiects Internal Service Fund
Revenue From Local Sources
Charges for Services 725,817
Fund 610 Revenue Totals 725,817
613 School Landscapinq Internal Service Fund
Revenue From Local Sources
Charges for Services 3,676,911
Fund 613 Revenue Totals 3,676,911
614 School Risk Manaqement Fund
Revenue From Local Sources
Charges for Services 11,465,209
Miscellaneous Revenue 23,737
Fund 614 Revenue Totals 11,488,946
615 Citv and School Health Insurance Fund
Revenue From Local Sources
Miscellaneous Revenue 132,851,160
Fund 615 Revenue Totals 132,851,160
616 Fuels Internal Service Fund
Revenue From Local Sources
Charges for Services 6,876,428
Specific Fund Reserves 132,931
Fund 616 Revenue Totals 7,009,359
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
FY 2012-13
Proposed
620 Telecommunications Internal Service Fund
Revenue From Local Sources
Charges for Services
621 Subscriptions Internal Service Fund
Revenue From Local Sources
Charges for Services
Specific Fund Reserves
908 Citv Beautification Fund
Revenue From Local Sources
Miscellaneous Revenue
909 Librarv Gift Fund
Revenue From Local Sources
Miscellaneous Revenue
910 Parkinq Meters - Homeless Donation Fund
Revenue From Local Sources
Miscellaneous Revenue
911 Parks and Recreation Gift Fund
Revenue From Local Sources
Miscellaneous Revenue
Total Budget Revenues
Less Internal Service Funds
Less Interfund Transfers
NET BUDGET REVENUES
3,255,092
Fund 620 Revenue Totals 3,255,092
2,491,901
1,112,972
Fund 621 Revenue Totals 3,604,873
72,500
Fund 908 Revenue Totals 72,500
7 nnn
Fund 909 Revenue Totals 7,000
10,000
Fund 910 Revenue Totals 10,000
55,000.
Fund 911 Revenue Totals 55,000
2,451,937,659
184,330,745
499,905,552
1,767,701,362
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL
2 YEAR 2013
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIR6INIA:
5 Sec. 1. Amount of Levy on Real Estate.
6 There shall be levied and collected for fiscal year 2013 taxes for general purposes on all real estate, including all
7 separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise
8 provided for in this ordinance, at the rate of °'^"e ninety-five cents (c 0.95 on each one hundred dollars
9 ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be applied on
10 the basis of one hundred percentum of the fair market value of such real property, except for public service real property,
11 which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. It is the intention of the Council that
12 four cents of the tax rate is dedicated subiect to annual appropriation to provide funding for the Schools to offset the
13 decrease in State funding through the Local Composite Index and two cents of the tax rate is dedicated, subiect to annual
14 appropriation to offset the State reduction in funding for urban road construction and the increased local obligations
15 under the Line of Dutv Act. The Council directs the Citv Manager in the production of future budgets to provide an analysis
16 of State funding for Schools urban road construction and the Line of Dutv Act. At such time as the State restores funding
17 above the following benchmarks• Local Composite Index at FY 2013• urban road construction at $20M (qer annum); and
18 Line of Dutv Act at $0 (per annum) the Citv Manager will recommend a reduction in whole or in part, to the four cent or
19 two cent tax rate dedication in an amount roushlv equal to the increased State funding with a corresponding decrease in
20 the real estate tax rate.
21
22 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified
23 Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities
24 or Devices" Classified as Real Estate, and "Environmental Restoration Sites;" Real Estate Improved by Erosion
25 Controls, and Certain Wetlands and Riparian Buffers.
26 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 of the
27 Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2013, taxes on all real estate (a)
28 certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the
29 Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as
30 provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified
31 Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental
32 Restoration Site," (e) improved to control erosion as defined by Code of Virginia § 58.1-3665, or (f) qualifying as wetlands
33 and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate of °g^"?;:,;e ninetv_
34 five cents ($9:-89) 0.95 on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in
35 this section shall be applied on the basis of one hundred percentum of fair market value of such real property except for
36 public service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
37
38 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District.
39 There shall be levied and collected for fiscal year 2013, taxes for the special purpose of providing beach and
40 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not
41 exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed value thereof. This
42 real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. For real property
43 that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption, Deferral or
44 Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code, this real estate tax rate shall
45 be applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax rate
46 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property
47 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
48
49 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District.
50 For the special purpose of operating and maintaining the parking garage and providing enhanced services for the
51 plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services
52 authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2013, taxes on all real estate
53 within the Town Center Special Service District, not exempt from taxation, at the rate of forty-five cents ($0.45) on each
54 one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set
55 forth in Section 1 of this ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of
56 Chapter 35 of the City Code, or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of
57 Chapter 35 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth
58 in Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred
59 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis
60 as provided in Section 58.1-2604 of the Code of Virginia.
61
62 Sec. S. Amount of Levy on "Energy-Efficient Buildings".
63 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, there
64 shall be levied and collected for general purposes for the fiscal year 2013, taxes on all real estate that has been classified as
65 an energy efficient building, not exempt from taxation, at a rate of °°••^^UF ei&hty cents ($0.74) 0.80 on each one
66 hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the
67 basis of one hundred percentum of fair market value of such real property except for public service property, which shall be
68 on the basis as provided in Section 58.1-2604 of the Code of Virginia.
69
70 Sec. 6. Amount of Levv on Properties Listed in the Virginia Landmarks Resister.
71 In accordance with Section 58 1-3221 5 of the Code of Virginia and any relevant section of the City Code, there
72 shall be levied and collected for general purposes for the fiscal vear 2013 taxes on buildings that are individuallv listed on
73 the Virginia Landmarks Register, not including the real estate or land on which the building is located, so long as the
74 building is maintained in a condition such that it retains the characteristics for which it was listed on the Virginia Landmarks
75 Register at a rate of fifty-one cents ($0 51) on each one hundred dollars of assessed valuation thereof. The real propertv tax
76 rate imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real
77 propertY except for public service propertY which shall be on the basis as provided bv Section 58.1-2604 of the Code of
78 Vir inia.
79
80 Sec. 7. Amount of Levv on Real Estate Within the Old Donation Special Service District.
81 There shall be levied and collected for fiscal vear 2013 taxes for the special purpose of providing neighborhood
82 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Old Donation Special Service
83 District not exempt from taxation at the rate of eighteen and four-tenths cents ($0.184) on each one hundred dollars
84 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1
85 of this ordinance. This tax rate shall applv without reduction to anv properties subiect to ad valorem taxes including those
86 properties enrolled in the Exemption Deferral or Freeze for Elderlv and Disabled Persons. City Code §§ 35-61, et seq. As set
87 forth in Code of Virginia section 15.2-2403(6) written consent is required to applv this tax rate to the full assessed value of
88 properties subiect to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of
89 one hundred percentum (100%) of the fair market value of such real propertv except for public service real propertv, which
90 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
91
92 Sec. S. Amount of Levy on Real Estate Within the Bawille Creek Special Service District.
93 There shall be levied and collected for fiscal vear 2013, taxes for the special purpose of providing neighborhood
94 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Bayville Creek Special Service
95 District not exempt from taxation at the rate of thirtv six and three-tenths cents ($0.363) on each one hundred dollars
96 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1
97 of this ordinance. This tax rate shall applv without reduction to anv properties subiect to ad valorem taxes including those
98 properties enrolled in the Exemption Deferral or Freeze for Elderly and Disabled Persons, Citv Code §§ 35-61, et seq. As set
99 forth in Code of Virginia section 15.2-2403(6) written consent is required to applv this tax rate to the full assessed value of
100 properties sublect to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of
101 one hundred percentum (100%) of the fair market value of such real propertv except for public service real propertv, which
102 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
103
104 Sec. 6.9. Severability.
105
106
107
108
109
110
111
112
113
If any portion 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.
Sec. 7,10.Effective Date.
The effective date of this ordinance shall be July 1, 2012.
Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day of May, 2012.
Repuires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Managementd6ervifes
0
}
ity A s f ce
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL
2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR
3 2013
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5
6 Sec. 1. Amount of Levy on the Genera) Classification of Tangible Personal Property.
7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shali be levied and collected for general
8 purposes for the calendar year 2013 on all tangible personal property, including all separate classifications of personal
9 property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the
10 rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof.
11
12 Sec. 2. Personal Property Tax Relief.
13 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not otherwise
14 exempted from taxation in this ordinance or by law, shall be subject to the following:
15 1 Any qualifying-vehicle with a total assessed value of $1,000 or less will be levied no tax.
16 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 34.8?6 41% of
17 the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state under the
18 Personal Property Tax Relief Act equal to the remaining 66.0% 59% of the computed tax on the first $20,000 of assessed
19 value.
20 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 34.0°6 41% of the computed tax
21 based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in excess of
22 $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining
23 66.9% 59% of the computed tax on the first $20,000 of assessed value.
24 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the City Treasurer is
25 authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due without regard to any
26 former entitlement to state relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a
27 qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such earlier date as
28 reimbursement with respect to such bill is no longer available from the Commonwealth, whichever earlier occurs. Penalties
29 and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed.
30 Interest shall be computed from the original due date of the tax.
31
32 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property
33 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general
34 purposes for the calendar year 2013 on the certain classifications of tangible personal property set forth below at the rate
35 of three dollars and seventy cents ($3.70) on each one hundred dotlars ($100) assessed valuation thereof.
36 a. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (8);
37 b. computer equipment as described in Code of Virginia § 58.1-3506 (A) (11);
38 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution control
39 equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or devices and
40 certified recycling equipment, facilities or devices";
41 d. furniture, office, and maintenance equipment as described in Code of Virginia § 58.1-3506 (A) (24);
42 e. all tangible personal property employed in a trade or business other than described in subdivisions A 1
43 through A 18, except for subdivision A 17, of § 58.1-3503 as described in Code of Virginia § 58.1-3506 (A) (26);
44 f. programmable computer equipment and peripherals employed in a trade or business ad described in Code of
45 Virginia § 58.1-3506 (A) (27);
46 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 58-1-
47 3506 (A) (31);
48 h. forest harvesting and silvicultural activity as described in Code of Virginia § 58-1-3506 (A) (33);
49 i. equipment used primarily for research, development, production or provision of biotechnology as described in
50 Code of Virginia § 58-1-3506 (A) (34);
51 j. tangible personal property which is owned and operated by a service provider who is not a CMRS provider and
52 is not licensed by the FCC used to provide, for a fee, wireless broadband internet service as described in Code of Virginia §
53 58-1-3506 (A) (37).
54
55 Sec. 4. Amount of Levy on Manufactured Homes.
56 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all vehicles without
57 motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of
58 Virginia, at the rate of °'R",?;:,;2 ninetv-five cents ($8:89) 0.95 on each one hundred dollars ($100) of assessed
59 valuation thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10).
60
61 Sec. S. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only.
62 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all boats or watercraft
63 used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons or more), except as
64 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars
65 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections
66 58.1-3506 (A) (35) and (A) (36).
67
68 Sec. 6. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes.
69 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all boats or watercraft
70 not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as
71 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars
72 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections
73 58.1-3506 (A) (1) (a) and (A) (1) (b).
74
75 Sec. 7. Amount of Levy on Machinery and Tools.
76 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general
77 purposes for the calendar year 2013 taxes on machinery and tools, including machinery and tools used directly in the
78 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one millionth of
79 one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia §
80 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and tools:
81 a. all tangible personal property used in research and development businesses, as described in Code of
82 Virginia § 58.1-3506 (A) (7);
83 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and
84 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to
85 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506
86 (A) (25).
87
88 Sec. 8. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only.
89 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all privately owned
90 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on
91 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal
92 property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29).
93
94 Sec. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for
95 Recreational Purposes Only, and Privately Owned Horse Trailers.
96 There shall be levied and collected for general purposes for the calendar year 2013 taxes at the rate of one dollar
97 and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all
98 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately
99 owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b)
100 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of
101 horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Such property declared
102 a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30).
103
104 Sec. 10. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran.
105 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2013 at the rate of
106 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned
107 and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is
108 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in
109 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the
110 rate or rates applicable to that ciass of property. To qualify, the veteran shail provide a written statement to the
111 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or
112 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or
113 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1-
114 3506 (A) (19).
115
116 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five
117 Years of Age or Anyone Found to be Permanently and Totally Disabled.
118 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and
119 collected for general purposes for calendar year 2013, at the rate of three dollars ($3.00) on each one hundred dollars
120 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used prirnarily by or for anyone at least
121 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the
122 Code of Virginia, subject to the following conditions:
123 1. The total combined income received, excluding the first $7,500 of income, from all sources during
124 calendar year 2012 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000).
125 2. The owner's net financial worth, including the present value of all equitable interests, as of December
126 31 of calendar year 2012, excluding the value of the principal residence and the land, not exceeding one (1) acre, upon
127 which it is situated, shall not exceed seventy thousand dollars ($70,000).
128 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the
129 case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle
130 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle
131 may be titled.
132 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if
133 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied.
134
135 Sec. 12. Assessed Value Determination.
136 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections
137 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia
138 Beach.
139
140 Sec. 13. Severability.
141 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shafl not
142 affect the validity of the remaining portions of this ordinance.
143
144 Sec. 14. Effective Date.
145 This ordinance shall be effective January 1, 2013.
146
147 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012.
148
149 Requires an affirmative vote by a majority of a/l of the members of City Council.
APPROVED AS TO CONTENT:
?APPROVED AS TO LEGAL SUFFICIENCY:
+1? C,
Management Services ?
?
Cit ey' ice
1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN
2 ANNUAL fUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING
3 AND URBAN DEVELOPMENT
4 WHEREAS, the United States Congress has established legislation designated as the Housing and Community
5 Development Act of 1974 that sets forth the development of viable urban communities as a national goal;
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
WHEREAS, there is federal assistance available for the support of Community Development and Housing activities
directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income
neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock
and community services, along with other related activities; and
WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia Beach has
developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created
the necessary mechanisms for its implementation in compliance with federal and local directives.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to
submit the City's FY 2012-13 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and
assurances contained therein and such additional information as may be required, to the Department of Housing and Urban
Development to permit the review, approval, and funding of the Plan.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012.
APPROVED AS TO CONTENT:
l .? .e 1
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Cit yor y' ffice
1 AN ORDINANCE TO DECLARE $7,000,000 OF FUNDING WITHIN THE
2 SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS
3 FUNDS IN THE FY 2011-12 OPERATING BUDGET
4 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special Service
5 District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration and
6 management at Sandbridge;
7
8 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding is
9 adequate for long-term beach and shoreline restoration and management along Sandbridge;
10
11 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding to
12 meet long-term obligations for beach and shoreline restoration and management;
13
14 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the project;
15 and
16
17 WHEREAS, $ 7,000,000 is available as an unencumbered appropriation in the FY 2011-12 Sandbridge TIF Reserve
18 for Future Commitments.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
21
22 (1) That $ 7,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term
23 obligations for beach and shoreline restoration and management and is hereby declared surplus.
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25 (2) That $ 7,000,000 is liereby transferred within the FY 2011-12 Operating Budget from the Sandbridge TIF to
26 the General Fund - Unappropriated Real Estate Tax Revenues.
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28 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2012.
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30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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AN ORDINANCE TO COMPLETE THE CITY'S FINANCIAL OBLIGATIONS
ASSOCIATED WITH THE LYNNHAVEN MALL DEVELOPMENT
AGREEMENT AND DISSOLVE THE LYNNHAVEN MALL TAX INCREMENT
FINANCING FUND
WHEREAS, the City Council established the Lynnhaven Mall Tax Increment Financing Fund on June 9,
1998;
WHEREAS, the City entered into the Lynnhaven Mall Development Agreement ("Agreement") on June
29, 2000 with Knickerbocker Properties, Inc. III to enhance the retail and theater amenities for the City's residents
and visitors, while also addressing public parking, transit opportunities, and storm water management needs
within a Tax Increment Financing District;
WHEREAS, the parking lease component of the Development Agreement has a twenty year term, which
will continue after the City's financial obligations have been satisfied;
WHEREAS, the Agreement specifies the City's financial obligations and provides for a one percent (1%)
reduction for each fiscal year prior to FY 2013-14 the City meets its financial obligations; and
WHEREAS, sufficient fund balance is available in the Fund in addition to FY 2011-12 appropriations to
fulfill the City's obligations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. That $1,133,984 is hereby appropriated from the fund balance of the Fund to fulfill the City's
financial obligations under the Agreement.
2. That any remaining funds after the City fulfills its financial obligations under the Agreement shall
be declared to be surplus.
3. That any surplus funds in the Fund shall be transferred to the General Fund, wherein such funds
will lapse to the General Fund's fund balance at the end of the fiscal year.
4. That the Lynnhaven Mall Tax Increment Financing Fund shall be dissolved on June 30, 2012.
5. That this ordinance shall be effective on the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the 8`h day of May, 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE SANITARY
SEWER SERVICE WATER TAP SIZES
SECTION ADDED: § 28-26.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding thereto a new
section 23-26.1 to read as follows:
Sec. 28-26.1. Nonresidential Tap Sizing.
For nonresidential uses wherein an Omni-tvpe meter combines domestic and fire flow through a single meter, the
sewer charge provided bv section 28-26 shall be based on a meter size equal to the calculated domestic flow.
BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2012.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012.
APPROVED AS TO CONTENT:
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AN ORDINANCE TO AMEND CHAPTERS 8 AND 33 OF THE CITY CODE BY ADDING NEW
SECTIONS 8-37 AND 33-72, ESTABLISHING A TECHNOLOGY FEE IN THE AMOUNT OF
FIVE DOLLARS FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, FENCE, SIGN,
RIGHT-OF-WAY AND CERTAIN OTHER PERMITS
Sections Added: City Code Sections 8-37 and 33-72
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter 8 of the City Code is hereby amended by the addition of a new City Code Section 8-37, establishing a
technology fee in the amount of $5.00 for building and certain other permits required by Sections 8-31, 8-31.1, 8-32, 8-33,
8-34, and Chapter 33 is hereby amended by the addition of a new City Code Section 33-72, establishing a technology fee in
the amount of $5.00 for right-of-way permits required by City Code Section 33-51, to read as follows:
CHAPTER 8. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. VIRGINIA UNIFORM STATEWIDE BUILDING CODE.
DIVISION 1. GENERALLY
Sec. 8-31. - Permit fees-Building permits.
(a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any building or structure
as defined in the Virginia Uniform Statewide Building Code without first obtaining a building permit therefor and paying the
permit fees set forth in this section.
(b) The minimum fee for any building permit shall be thirty dollars ($30.00).
(c) For the construction of any building or addition thereto where the floor area is increased and for the
installation or erection of any industrialized building unit, the fee shall be based on the floor area to be constructed, as
computed from exterior building dimensions at each floor, as follows:
(1) Residential-living area-Thirty dollars ($30.00) plus seven dollars ($7.00) for each one hundred
(100) square feet or fraction thereof.
(2) Residential-nonheated building area (residential accessory buildings and structures)-Thirty
dollars ($30.00) plus four dollars ($4.00) for each one hundred (100) square feet or fraction
thereof.
(3) Businesses/mercantile-building area-Thirty dollars ($30.00) plus eight dollars ($8.00) for each
one hundred (100) square feet or fraction thereof.
(4) Institutional-building area-Thirty dollars ($30.00) plus eight dollars ($8.00) for each one
hundred (100) square feet or fraction thereof.
(5) Assembly, churches, and government buildings-building area-Thirty dollars ($30.00) plus eight
dollars ($8.00) for each one hundred (100) square feet or fraction thereof.
(6) Storage-building area-Thirty dollars ($30.00) pius four dollars ($4.00) for each one hundred
(100) square feet or fraction thereof.
(7) Hazardous storage or occupancy-building area-Thirty dollars ($30.00) plus eight dollars ($8.00)
for each one hundred (100) square feet or fraction thereof.
(8) Industrial-building area-Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred
(100) square feet or fraction thereof.
(9) Farm buildings-building area-Thirty dollars ($30.00) plus three dollars ($3.00) for each one
hundred (100) square feet or fraction thereof. Farm buildings and structures shall be subject to
the requirements of this section; provided, however, that farm buildings and structures not used
for residential purposes shall not be subject to the technical requirements of the Virginia
Uniform Statewide Building Code.
(10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial interior finish,
miscellaneous structures and structures located in a Chesapeake Bay Preservation Area or a
Southern Watersheds Area for which a permit fee is not otherwise prescribed by this section,
including, but not limited to, patios and driveways-value of construction-Thirty dollars
($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value of
construction or fraction thereof.
(11) Moving of buildings or structures: For the moving of any building or structure into, out of,
through or within the city, the fee shall be calculated in accordance with subsection (c)(1).
(12) Demolitions: For the demolition of any building or structure, the fee shall be fifty dollars
($50.00).
(13) Signs:
a. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of
signs shall be based on the total surface area of all sign faces, and shall be as follows:
1. Single-face signs:
4-32 square feet .....$46.00
33-75 square feet .....69.00
76-150 square feet .....115.00
2. Double-face signs:
4-32 square feet .....$92.00
33-75 square feet .....115.00
76-150 square feet .....138.00
b. The fee for a permit for the repair of a billboard shall be in accordance with subsection
(c)(10).
c. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of
temporary signs shall be in an amount equal to one-half of the fee chargeable for
permanent signs of like size.
103 (14) Administrative fee: If any construction, alteration, repair, or other work requiring a permit under
104 this article is commenced before a permit is secured and fee paid for same, an administrative fee
105 of one hundred fifty dollars ($150.00) shall be added to the fee due. Payment of such
106 administrative fee shall not in any way relieve the violator of any criminal prosecution.
107
108 (15) Tents: Tents and other temporary structures permit fee shall be Thirty dollars ($30.00).
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110 (16) Reinspection fee: There shall be a minimum of fifty dollars ($50.00) additional fee charged for
111 each reinspection.
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113 (16.1) DFU pre-inspection fee: There shall be a fifty dollar ($50.00) fee for pre-inspections for DFU
114 disconnections.
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116 (17) Appeal: The fee for submitting an appeal to the board of building code appeals shall be one
117 hundred dollars ($100.00). Such fee shall be paid by the appellant.
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119 (18) Change of use/certificate of occupancy for existing structure(s):
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121 a. The minimum fee for the inspection of any new construction or existing structure
122 requested by the permit holder shall be fifty dollars ($50.00) for each inspection.
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124 b. The minimum fee associated with a change of use or request for a certificate of
125 occupancy for an existing structure or structures on the same property shall be seventy-
126 five dollars ($75.00).
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128 (19) Application for septic tank soil evaluation: The fee shall be fifty dollars ($50.00) paid at the time
129 of application. If the application is approved, the septic tank permit shall be issued with no
130 additional fee.
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132 (20) There shall also be a review fee in the amount of one hundred dollars ($100.00) for review of
133 commercial plans.
134
135 COMMENT
136
137 This section is shown for references purposes only; no substantive changes are made.
138
139 Sec. 8-31.1. - Fences and walls.
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141 (a) A permit shall be required for the construction, reconstruction, replacement or relocation of any fence or
142 wall located within thirty (30) feet of a public right-of-way, except fences or walls used principally for agricultural or
143 horticultural purposes in an AG Agricultural Zoning District. Any such fence or wall located upon more than one (1) lot shall
144 require a separate permit for each such lot, except lots under common ownership.
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146 (b) The fee for permits required by this section shall be thirty dollars ($30.00).
147
148 COMMENT
149
150 This section is shown for references purposes only; no substantive changes are made.
151
152 Sec. 8-32. - Same-Plumbing permits.
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154 (a) The fee for a permit for plumbing work, as required by the building code, shall be thirty dollars ($30.00)
155 and, in addition thereto, the following:
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(1) Each plumbing fixture, floor drain or tap: Six dollars ($6.00).
(2) Each house sewer connection: Thirty dollars ($30.00).
(3) Each house water connection: Thirty dollars ($30.00).
(4) On-site sanitary sewer collector lines: one building-thirty dollars ($30.00), two (2) or more
buildings-fifty dollars ($50.00) for each building.
(5) On-site potable water distribution lines: one building-thirty doliars ($30.00), two (2) or more
buildings-fifty dollars ($50.00) for each building.
(6) Public utilities ultra low flush toilet program: thirty dollars ($30.00) for the first three (3) toilets
plus five dollars ($5.00) for each toilet over three (3).
(b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and
charges provided for in chapters 28 and 37 of this Code.
(c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid
therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of
such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts.
COMMENT
This section is shown for references purposes only; no substantive changes are made.
Sec. 8-33. - Same-Mechanical, life safety, elevator and gas permits.
(a) The minimum fee for the installation or replacement of inechanical/life safety systems or equipment shall
be thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value or fraction thereof.
(b) The minimum fee for the installation of gas outlets for a gas piping system shall be thirty dollars ($30.00)
plus four dollars ($4.00) for each outlet.
(c) The minimum fee for the relocation of a gas meter shall be thirty dollars ($30.00).
(d) For annual inspections of elevators and escalators, the fees shall be as follows:
(1) Annual safety test and inspection:
a. Tractor/cable elevator-$100.00.
b. Hydraulic elevator-$100.00.
c. Freight elevators-$100.00.
d. Escalator-$100.00.
(2) Five-year full rate load safety test and inspection:
a. Tractor/cable elevators-$100.00.
208 (e) On any mechanicai, life safety, elevator or gas work commenced before a mechanical permit has been
209 issued and the requisite fee paid therefore, and administrative fee of one hundred fifty dollars ($150.00) per unit shall be
210 added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as
211 may be imposed by the courts.
212
213 COMMENT
214
215 This section is shown for references purposes only; no substantive changes are made.
216
217 Sec. 8-34. - Same-Electrical permits.
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219 (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in this
220 section.
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222 (b) There shall be charged a minimum fee of thirty dollars ($30.00) for each permit issued.
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224 (c) For a permit issued for a temporary service, such as a trailer, house meter or meter loop added to an
225 existing service, the fee shall be thirty dollars ($30.00).
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227 (d) For a permit for any special condition, such as and including temporary electrical release for construction
228 purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the like, the fee shall be a
229 minimum of fifty dollars ($50.00). The fee for a permit for prefabricated buildings for out-of-city use shall be thirty dollars
230 ($30.00).
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232 (e) For a permit issued for original construction, the following fees include all equipment outlets only if
233 specifically listed on the application and installed by the permit holder before the final inspection, such fees being based on
234 the maximum current carrying capacity of each set or subset of service conductors installed, to the nearest fifty (50)
235 amperes:
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237 (1) Single-phase: Thirty dollars ($30.00) plus twenty dollars ($20.00) for each fifty (50) amperes.
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239 (2) Three-phase: Eighty dollars ($80.00) for the first fifty (50) amperes plus twenty dollars ($20.00)
240 for each additional fifty (50) amperes.
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242 When services are increased or phases added, the fee shall be one-half the rate above, plus the added equipment fee. For
243 fee purposes, the service-panel nameplate amperage rating shall be used.
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245 (f) For each piece of equipment connected and for each circuit or feeder installed, extended, relocated or
246 repaired, the fee shall be thirty dollars ($30.00) plus five dollars ($5.00) per circuit.
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248 (g) On any electrical work commenced before an electrical permit has been issued and the requisite fee paid
249 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of
250 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts.
251
252 COMMENT
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254 This section is shown for references purposes only; no substantive changes are made.
255
256 Sec. 8-37. Technologv fee.
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258 In addition to anv fees otherwise required bv this chapter, there shall be a fee in the amount of Five Dollars ($5.00)
259 for permits issued pursuant to Sections 8-31 8-31 1 8-32 8-33 8-34. Such fee shall be for the following purposes:
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261 (a) To improve communitV access to general information about cases applications, permits and inspections
262 bv providing online user-friendlv search and viewing tools;
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264 (b) To facilitate communications with propertv owners consultants and contractors throu?h use of on-line
265 checklist and activitv tracking that automaticallv emails notifications and updates regardmg_permit status and other
266 information not previouslv avaitable on-line;
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268 (c) To increase transparencv and accountabilitv in business operations by providing users the abilitv to track
269 all transactions online;
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271 (d) To enhance performance and revenue reporting bv providing the abilitv to produce ad hoc reports on
272 demand; and
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274 (e) To improve and expand electronic document storase management and retrieval bv including scanned
275 images as part of the on-line permit record.
276
277 COMMENT
278
279 The section establishes a new «technology fee" in the amount of $5.00 for permits issued under the City Code
280 sections listed in the ordinance and sets forth the purposes of the fee. The use of the technology for which the fee is
281 established will significantly upgrade the permitting process, thereby facilitating its use by property owners and other
282 users of the system and allowing for greater efficiency in keeping permit records.
283
284 CHAPTER 33. STREETS AND SIDEWALKS
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286 ....
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288 ARTICLE II. WORK ON, OVER, UNDER OR AfFECTING STREETS
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290 ....
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292 Division 2. Permit Generally
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294 Sec. 33-51. General requirement.
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296 Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection
297 with the erection, construction, removal, relocation or maintenance of any structure, drainage system, surface, overhead or
298 underground installation or to cut, trim or spray trees or to place signs, if such work, cutting, trimming, spraying or placing
299 is on, under or over a street or affects a street, until such person has obtained a permit therefor in accordance with the
300 provisions of this division.
301
302 COMMENT
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304 This section is shown for references purposes only; no substantive changes are made.
305
306 ..•.
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308 Division 3. Permit, Inspection and guarantee fees.
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310 Sec. 33-71. - Schedule.
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312 (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or
313 not required in accordance with the following schedule:
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Type of Project Permit Fee Inspection Fee Minimum Guarantee Fee
(1) One (1) permit for work $100.00 Based on 1.5% the total cost of Deposit in accordance
of a continuing nature construction as provided in the with estimated cost
engineer's cost estimate, excluding
water, sewer and street light costs,
with a $50.00 minimum.
(2) Logging road, tram road $100.00 $50.00 Deposit in accordance
and other temporary with estimated cost
entrances
(3) Cutting, trimming or $100.00 $50.00 $25.00
spraying trees or shrubs
(4) Blanket permit $500.00 $0.00 $0.00
(5) Singfe- or two-family $35.00 $0.00 $0.00
driveway aprons
(6) Single permit $100.00 $0.00 $0.00
(7) All other work $100.00 Based on 1.5% of the total cost of Deposit in accordance
construction as provided in the with estimated cost.
engineer's cost estimate, excluding
street light costs, with a$50.00
minimum; provided, however, that
water and sewer fees shall be based
on 10% of the construction cost up to
$7,500.00 plus 1.5% of the
construction cost in excess of
$7,500.00, with a $50.00 minimum.
(b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars
($84.00) shall be required.
COMMENT
This section is shown for references purposes only; no substantive changes are made.
Sec. 8-72. Technologv fee.
In addition to anv fees otherwise required bv this chapter, there shall be a fee in the amount of Five Dollars ($5.00)
for permits issued qursuant to Section 33-51 Such fee shall be for the following purposes:
(a) To improve community access to seneral information about cases applications permits and inspections
bv providing online user-friendlv search and viewing tools:
(b) To facilitate communications with propertv owners consultants and contractors through use of on-line
checklist and activitv tracking that automaticallv emails notifications and updates regarding permit status and other
information not previouslv available on-line:
(c) To increase transparencv and accountability in business oqerations bv providing users the abilitv to track
all transactions online:
(d) To enhance performance and revenue reporting bv providing the abilitv to produce ad hoc reports on
demand; and
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(e) To improve and expand electronic document storage management and retrieval bv including scanned
images as part of the on-line permit record.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH:
That this ordinance shall take effect on July 1, 2012.
COMMENT
The section establishes a new "technology fee" in the amount of $5.00 for permits issued under City Code
Section 33-51 (pertaining to permits for work on, under, over or affecting public rights-of-way) and sets forth the
purposes of the fee. The use of the technology for which the fee is established will significantly upgrade the permitting
process, thereby facilitating its use by property owners and other users of the system and allowing for greater efficiency
in keeping permit records.
Adopted by the City Council of the City of Virginia Beach, Virginia on the 8`h day of May, 2012.
APPROVED AS TO CONTENT:
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1 AN ORDINANCE TO ADOPT THE FY 2013/FY 2018 CAPITAL
2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $277,566,687 FOR
3 THE FY 2013 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED
4 FROM VARIOUS SOURCES SET FORTH HEREIN
5 WHEREAS, the City Manager, on March 27, 2012, presented to City Council the Capital Improvement Program for
6 fiscal years 2013 through 2018;
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8 WHEREAS, City Council held public hearings on the program to provide for public comment;
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0 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital
1 Improvement Program; and
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.3 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2013 fiscal
.4 year, as set forth in said Capital Improvement Program.
.5
_6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capitai
facilities identified for fiscal years 2013 through 2018 is hereby adopted, and the projects listed therein are hereby
approved as capital projects.
Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until
funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any
manner at any time by City CounciL
Section 3. That funds in the amounts aggregating $277,566,687 for capital projects in the Capital Budget for the
2013 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and spbject to the
conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A- Capital Budget
Appropriations," a copy of which is attached hereto.
Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget
for the 2013 fiscal year as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B-
Financing Sources."
Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said
Capital Improvement Program and reallocated as identified in "Attachment C- Transfers," a copy of which is attached
hereto.
Section 6. That reductions in financing sources in support of the Capital Budget for the 2013 fiscal year as set forth in
said Capital Improvement Program are attached to this ordinance as "Attachment D- Changes in Financing Sources."
Section 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be
initiated except with the consent and approval of the City Council first being obtained. An appropriation for a project in the
Capital Improvement Program shall continue in force, and, to the extent required by law, re-appropriated for use in FY
2012-13 until the purpose for which it was made has been accomplished or abandoned.
Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects,
must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract.
Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the
Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000
between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City
53 Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is
54 hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices,
55 reporting requirements and the Capital Improvement Program adopted by the City Council.
56
57 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer
58 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects"
59 mean water and sewer projects having the same name or project scope and description with the exception of "water" or
60 "sewer" being in the title and/or project scope and description.
61
62 Section 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject
63 to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects
64 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or
65 realized revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of
66 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue,
67 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of
68 any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of
69 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a
70 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds.
71
72 ,,. ??•
73 ' ' ?
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75 „ , " •
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79 Section 12 43. That the Capital Improvement Program debt management policies contained and included in the
80 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report
81 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those
82 guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose
83 modifications to those policies and guidelines through the Resource Management Plan.
84
85 Section 13 44. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real
86 property necessary for the project is authorized by means of voluntary negotiation with willing sellers.
87
88 Section 14 14. That violation of this ordinance shall result in the City Manager taking disciplinary action against the
89 person or persons responsible for the capital project in which the violation occurred.
90
91 Section 15 44. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such
92 decision shall not affect the validity of the remaining portions of this ordinance.
93
94 Section 16 34. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY
95 2013 Capital Budget shall be effective on July 1, 2012.
96
97 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
98
99 Requires an affirmative vote of the majority of City Council
100 •
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
i ?
Cit ' Office
City of Virginia Beach, Virginia
Attachment A- Capital Budget Appropriations
Project Appropriations
Number Projects FY 2012-13
Buildings - CRO
3103000 Heritage Building - Maintenance Program 618,850
3146000 VA Aquarium Bldg Systems & Facility Infrastructure - Ph I 3,200,000
3278000 Virginia Aquarium Renewal and Replacement - Phase II 300,000
Total Buildings - CRO Projects 4,118,850
Buildings - FYO
3510000 Intermediate Care Facilities Renewal/Replacement-Phase I 389,086
Total Buildings - FYO Projects 389,086
Buildings - QELL
3262000 TCC Expansion/Operation Smile Headquarters 801,500
Total Buildings - QELL Projects 801,500
Buildings - QPE
3136000 Various Buildings HVAC Rehabilitation & Renewal-Phase III 1,104,962
3137000 Various Buildings Rehabilitation and Renewal - Phase III 534,113
3139000 Various Site Acquisitions - Phase II 1,274,081
Total Buildings - QPE Projects 2,913,156
Buildinas - SC
3133000 Fire Training Center Improvements - Phase III 400,000
3371000 Fire Apparatus - Phase II 1,501,547
3506000 Fire Facility Rehabilitation and Renewal - Phase III 1,316,710
Total Buildings - SC Projects 3,218,257
City of Virginia Beach, Virginia
Attachment A- Capital Budget Appropriations
Project
Number Projects
Appropriations
FY 2072-13
Coastal
8002000 Beach Profile Monitoring Program
8004000 Various Minor Dredging Projects
8014000 Lynnhaven Inlet Maintenance Dredging
8282000 Sandbridge Beach Restoration
8405000 Sandbridge Beach Access Improvements - Phase II
8406000 Rudee Inlet Federal Dredging - Phase II
8407000 Rudee Inlet Outer Channel Maintenance Dredging-Phase II
8408000 Pleasure House Point Mitigation
8409000 Chesapeake Bay Beach Restoration
8500000 Old Donation Creek Area Dredging
8501000 Bayville Creek Neighborhood Dredging
50,000
176,336
200,000
4,529,405
275,000
550,000
450,000
120,000
1,000,000
68,652
50,508
Total Coastal Projects 7,469,901
Communications and IT - QO
3068000 CIT - IT Network Infrastructure Replacement - Phase II
3119000 CIT - Cable Access Infrastructure Replacement Phase I
3637000 CIT - Disaster Recovery - Critical Service Analysis-Phase III
3638000 CIT - Application Portfolio Sustainment
3646000 CIT - eGIS Base Map Updates (Partial Funding)
3652000 CIT - Telecommunications Replacement - Phase II
300,000
322,000
436,150
350,000
336,579
350,000
Total Communications and IT - QO Projects 2,094,729
Communications and IT - SC
3095000 CIT - Police - Integrated Public Safety Record Management System
3142000 CIT - Communications Infrastructure Replacement - Phase II
3619000 CIT - ALI Database Management & Selective Routing
3,792,588
11,750,000
1,645,176
Total Communications and IT - SC Projects 17,187,764
City of Virginia Beach, Virginia
Attachment A- Capital Budget Appropriations
Appropriations
Project FY 2012-13
Number Projects
Economic and Tourism Dev - EV
9058000 Rudee Inlet Connector Walk 700,000
9060000 Oceana & Interfaciliry Traffic Area Conformity & Acquisition 15,000,000
9069000 19th Street Corridor Improvements 100,000
9081000 Strategic Growth Area Projects 1,250,000
9082000 Oceanfront Parking Facilities Capital Maintenance 300,000
9083000 Town Center Garage and Plaza Capital Maintenance 283,564
9085000 SGA - Burton Station Road Improvements - Phase II 2,600,000
9091000 SGA - Burton Station Road Improvements - Phase III 6,750,000
9141000 Economic Development Investment Program (On-Going) 2,243,725
9500000 Virginia Beach Amphitheater Capital Maintenance 200,000
9504000 Newtown Strategic Growth Area 750,000
9505000 Pembroke Strategic Growth Area 750,000
9506000 Rosemont Strategic Growth Area 750,000
Total Economic and Tourism Dev - EV Projects 31,677,289
Parks and Recreation
4064000 Ciry Bikeways & Trails Plan Implementation - Phase II 475,000
4080000 Sportsplex Field Hockey National Trng Ctr Rep/Reno Ph I 391,316
4300000 Communiry Recreation Ctrs Repairs & Renovations - Ph III 1,976,542
4301000 Parks & Special Use Facilities Develop. & Reno. - Phase III 1,114,682
4302000 Golf Courses Contractual Obligations for Maintenance 120,000
4303000 Greenways, Scenic Waterways & Natural Areas - Phase III 125,000
4305000 Tennis Court Renovations - Phase III 125,000
4306000 Open Space Park Development and Maintenance - Phase II 1,500,000
4307000 Athletic Fields Lighting & Renovations - Phase III 150,000
4308000 Open Space Program Site Acquisition - Phase III 500,000
4309000 Mount Trashmore Signature Park Renovations - Phase II 250,000
4500000 Park Playground Renovations - Phase III 500,000
4502000 Lynnhaven Boat Ramp & Beach Facility Repairs/Reno - Ph I 49,527
4505000 Replacement of Bow Creek Recreation Center 17,418,934
4509000 Modernization of Kempsville Recreation Center 8,910,696
4517000 Stumpy Lake Golf Course Lease Obligations - Ph I 96,265
4518000 Pleasure House Point Acquisition 6,000,000
Total Parks and Recreation Projects 39,702,962
City of Virginia Beach, Virginia
Attachment A- Capital Budget Appropriations
Project
Number Projects
Roadwavs
Appropriations
FY 2012-13
2021000 Rural Road Improvements 1,000,000
2025000 Witchduck Road - Phase II 10,143,000
2031000 Street Reconstruction 2,150,000
2048000 Princess Anne Rd./Kempsville Rd. Inter. Impr. 537,016
2107000 Seaboard Road 4,584,267
2117000 Shore Drive Corridor Improvements - Phase III 3,289,247
2145000 Wesleyan Drive 800,450
2152000 Elbow Road Extended - Ph. II 5,293,958
2160000 City Wide Street Lighting Improvements - Phase II 60,000
2161000 Traffic Signal Retiming 599,800
2165000 Laskin Road - Phase II 560,000
2168000 Lesner Bridge Replacement 30,000,000
2176000 Transportation Nefinrork Analysis 100,000
2177000 Proactive Safety Improvement Program 75,000
2256000 Indian River Rd - Ph. VII 561,000
2263000 Major Bridge Rehabilitation 660,000
2268000 Wetlands Mitigation Banking 50,000
2300000 Traffic Safety Improvements - Phase III 2,675,837
2401000 Greenwich Road Crossover 340,000
2409000 Centerville Turnpike Interim Improvements 6,376,097
2410000 Traffic Signal Rehabilitation - Phase II 100,000
2418000 Indian River Rd/Kempsville Rd Intersection Improvements 3,295,000
2421000 Sportsplex Drive 2,850,000
2422000 Indian River Rd/Princess Anne Rd Intersection Improvements 250,000
2837000 Various Cost Participation Projects ' 25,000
Total Roadways Projects 76,375,672
Schools
1001000 Renovations and Replacements - Energy Management 500,000
1099000 Renovations and Replacements - Grounds - Phase II 750,000
1103000 Renovations and Replacements - HVAC Systems - Phase 11 2,500,000
1104000 Renovations and Replacements - Reroofing - Phase tl 2,675,000
1105000 Renovations and Replacements - Various - Phase II 500,000
1106000 Kellam High School Replacement 22,196,000
1109000 Energy Performance Contracts (Schools) 2,500,000
1232000 Tennis Court Renovations 320,000
1233000 Consolidated Old Donation Ctr/Kemps Landing Magnet Rep 5,450,000
Total Schools Projects 37,391,000
City of Virginia Beach, Virginia
Attachment A- Capital Budget Appropriations
Project Appropriations
Number Projects FY 2012-13
Sewer Utilitv
6041000 Pump Station Modifications - Phase V 2,746,000
6057000 Holland Road - Phase VI Sewer Improvements (VDOT) 100,000
6061000 Utilities Emergency Response Program - Phase II 200,000
6070000 Infiltration, Inflow and Rehabilitation - Phase V 3,300,000
6085000 Sanitary Sewer Asset Management Program - Phase II 900,000
6089000 Comprehensive Sewer Master Planning - Phase IV 500,000
6090000 Clean Water Act Compliance Studies Phase I 200,000
6092000 Vacuum Valve Monitoring System 180,000
6093000 Consent Order Rehabilitation Plan Implementation Prg Ph I 1,600,000
6106000 Various Roadway/Storm Water Coordination - Phase V 620,000
6146000 Sewer Requests & Agreements - Phase V(51 % Program) 50,000
6151000 Landstown Yard Improvements - Phase IV 865,000
6403000 Service Order Automation Solution Design 50,000
6404000 Computerized Mapping & Infrastructure Mgmt- Phase II 170,000
6405000 Customer Information System Version Migration 150,000
6501000 Auxiliary Power Program-Sewer Pump Stations-Phase III 1,598,000
6552000 Sanitary Sewer System Revitalization Program - Phase II 4,000,000
6555000 Utility Crossings Condition Assessment Program - Phase II 50,000
6557000 SGA Sanitary Sewer System Improvements 400,000
6564000 Relocation of Sewer Cleanouts - North Landing Rd 225,000
6567000 Sewer Pump Station Backflow Prevention Modifications 680,000
6604000 Witchduck Rd - Phase 11 Sewer Improvements 50,000
6804000 Sanitary Sewer Regulatory Compliance Program - Phase I 3,600,000
6952000 Sewer Pump Station Flow Monitoring & Data Storage-Ph I 2,970,000
6953000 Sewer Tap Installation Program - Phase II 300,000
6973000 Sanitary Sewer Capacity Program - Phase I 500,000
Total Sewer Utility Projects 26,004,000
City of Virginia Beach, Virginia
Attachment A- Capital Budget Appropriations
Appropriations
Project FY 2012-13
Number Projects
Storm Water
7016000 South Lake Holly Watershed 775,000
7027000 SWM Master Planning, Analysis, and inventory 550,000
7038000 Thoroughgood Drainage - Interim 175,000
7067000 Primary System Infrastructure Improvements 770,000
7091000 Residential Drainage Cost Participation Program 73,651
7151000 Cape Henry Beach Drainage 885,000
7153000 Lynnhaven Watershed Restoration 300,000
7159000 Water Quality Participation Projects 100,000
7400000 Aragona Drainage Improvements 600,000
7406000 Elizabeth River TMDL Implementation Plan 200,000
7410000 Southern River TMDL Implementation Plan 200,000
7411000 Oceanfront Storm Water Facilities Maintenance 177,000
7412000 Storm Water Pump Station Modifications 442,500
7413000 Neighborhood SW Infrastructure Improvements-Ph. II 1,002,890
7414000 Storm Water Quality Enhancements - Phase il 1,181,078
7415000 Lake Management - Phase II 2,941,280
7416000 SW Infrastructure Rehabilitation & Improvements-Phase II 3,853,122
Total Storm Water Projects 14,226,521
City of Virginia Beach, Virginia
Attachment A- Capital Budget Appropriations
Appropriations
Project FY 2012-13
Number Projects
Water Utilitv
5011000 Beach Garden Park - Kilborne Ct & Holly Rd Improvements 50,000
5024000 Holland Road - Phase VI Water Improvements (VDOT) 250,000
5028000 Witchduck Rd - Phase II Water Improvements 167,000
5030000 Shore Drive Water Line Improvements - PH III 50,000
5046000 Utilities Emergency Response Program - Phase II 200,000
5084000 System Expansion Cost Participation Agreements - Phase II 130,000
5086000 Comprehensive Water Master Planning - Phase V 200,000
5089000 Various Roadway/Storm Water Coordination - Phase V 800,000
5090000 Lynnhaven Pkwy - Phase XI Water Improvements (VDOT) 570,000
5091000 Water Request & Agreements (51 % Program) - Phase V 50,000
5151000 Landstown Yard Improvements - Phase IV 1,214,000
5250000 Potable Wells Evaluation Program - Phase III 275,000
5252000 Water Quality Program - Phase IV 100,000
5260000 Utility Crossings Condition Assessment - Phase II 50,000
5403000 Service Order Automation Solution Design 50,000
5404000 Computerized Mapping & Infrastructure Mgmt - Phase II 170,000
5405000 Customer Information System Version Migration 150,000
5501000 Water Transmission System Upgrade Pgm-Phase I 6,090,000
5804000 Water Line Extension, Replacement & Rehab Pgm-Phase I 900,000
5805000 Water Utility Asset Management Program - Phase I 900,000
5806000 Backflow Prevention & Cross-Connection Control Pgm-Ph II 1,000,000
5952000 Water Pump Station Flow Monitoring and Data Storage 180,000
5953000 Water Tap Installation Program - Phase II 150,000
5967000 Water Resources Investigation & Planning - Phase I 300,000
Total Water Utility Projects 13,996,000
Total Capital Budget 277,566,687
City of Virginia Beach, Virginia
Attachment B - Financing Sources
Capital Budget
Financing Sources FY 2012-13
Federal Contribution 3,996,450
Franchise Fees 322,000
Fund Balance - General Fund 18,202,054
Fund Balance - Other 16,539,582
General Appropriations 22,812,415
General Obligation Bonds 63,868,564
Lease of Property 196,344
Lease-Purchase 5,727,934
Medicaid Cost Settlement 389,086
Parking Enterprise Fund 300,000
Private Contribution 25,151
Public Facility Bonds 37,857,702
Rental Income 3,850
Retained Earnings - Telecommunications 350,000
Retained Earnings - Water and Sewer Fund 5,000,000
Sale of Property 400,000
State Contribution 52,032,685
Storm Water Utility Fund 14,232,870
Water and Sewer Bonds 27,000,000
Water and Sewer Fund 8,310,000
Total Capital Budget 277,566,687
Attachment C - Transfers
Appropriations
Prior to
Project# FY 2012-13
Cultural and Recreational Opportunities
Parks and Recreation Proiects
Transfer To:
4308000 Open Space Program Site Acquisition - Phase III $ 5,092,029
4300000 Community Recreation Centers Repairs & Renovations - Phase III 9,460,571
4306000 Open Space Park Development & Maintenance - Phase II 2,370,611
4505000 Modernization of Bow Creek Recreation Center 929,969
Total Transfer To: $ 17,853,180
Transfer From:
4004000 Open Space Program Site Acquisition - Phase I $ 3,159,029
4070000 Open Space Program Site Acquisition - Phase II 1,933,000
4013000 Community Recreation Centers Repairs & Renovations - Phase II 9,300,000
4034000 Recreation Centers Roof Maintenance & Replacement - Ongoing 160,571
4055000 Open Space Park Development & Maintenance - Phase I 2,370,611
4051000 Stumpy Lake Golf Course Infrastructure Improvements 929,969
Total Transfer From: $ 17,853,180
Economic Vitalitv
Economic and Tourism Development Proiects
Transfer To:
9336000 Spot Blight Abatement
Transfer From:
9199000 Conference/Convention Facility Renovation (On-Going)
58,978
Total Transfer To: $ 58,978
58,978
Total Transfer From: $ 58,978
Qualitv Phvsical Environment
Roadwavs
Tra nsfer To:
2117000 Shore Drive Corridor Improvements - Phase III (Partial)
2412000 Cleveland Street/ClearField Avenue Improvements
2167000 Lynnhaven Parkway - Phase XI
2107000 Seaboard Road
2158000 Holland Road - Phase VI
2418000 Indian River Rd/Kempsville Rd Intersection Improvements
Transfer From:
2731000 Shore Drive Interim Safety Improvements
2115000 Shore Drive - Intersections Demonstration Project
2401000 Greenwich Road Crossover
2257000 Lynnhaven Parkway/Volvo Parkway Intersection
2121000 Nimmo Parkway - Phase V-A (VDOT)
2190000 Congestion Relief and Safety Improvements
$ 2,385,795
825,000
2,826,712
913,000
2,398,784
2,980,000
Total Transfer To: $ 12,329,291
$ 250,000
299,073
825,000
575,217
7,400,001
2,980,000
Attachment C - Transfers
Appropriations
Prior to
Project # FY 2012-13
Total Transfer From: $ 12,329,291
Storm Water
Transfer To:
7400000 Aragona Drainage Improvements $
7151000 Cape Henry Beach Drainage
7038000 Thoroughgood Drainage - Interim
7024000 Southern Canal/Lead Ditch and Culvert Improvements
7416000
7415000
7067000
Storm Water Infrastructure Rehabilitation and Improvements - Phase II
Lake Management - Phase II
Primary System Infrastructure Improvements
Transfer From:
7145000 Arctic Avenue - Baltic Avenue
7033000 Rosemont Forest Drainage Improvements
7902000 North Beach Drainage
7404000 Aragona Neighborhood Infrastructure Rehabilitation
7405000 Brigadoon Lakes Maintenance Dredging
Fixed Assets of the Storm Water Capital Projects Fund
Water and Sewer Utilitv Proiects
Transfer To:
5252000 Water Quality Program - Phase IV
5084000 System Expansion Cost Participation Agreements - Phase II
5501000 Water Transmission System Upgrade Program - Phase I
5260000 Utility Crossing Condition Assessment - Phase II
6148000 System Expansion Cost Participation Agreements - Phase II
6555000 Utility Crossing Condition Assessment - Phase II
6041000 Pump Station Modifications - Phase V
Transfer From:
Fixed Assets (Various Closed-Out Projects)
5001000 Comprehensive Emergency Response & Planning - Phase I
5007000 Customer Information System Replacement
5013000 Water SCADA System Upgrade
5087000 Bayway Road Water Improvements-51%
5130000 Lynnhaven Parkway Extended
5131000 Tank Upgrade Program - Phase II
5164000 IVR/CTI, Bill Prnt, Auto Payment Solution Design
5166000 Automated Mobile Water Reading System - Phase I
5167000 Tank Upgrade Program - Phase III
5207000 Laskin Road - Phase I
5255000 Automated Mobile Water Reading System - Phase 11
910,000
950,000
200,000
500,000
1,000,000
450,000
970,893
Total Transfer To: 4,980,893
60,000
1,500,000
1,000,000
1,000,000
450,000
970,893
Total Transfer From
4,980,893
$ 100,000
224,729
179,605
343,518
700,000
334,211
1,336,048
Total Transfer To: $ 3,218,111
$ 805,663
46,106
13,502
22,432
5,500
111,382
153,948
9,235
81,452
25,657
7,198
500,000
Attachment C - Transfers
Appropriations
Prior to
FY 2012-13
Project # 332
68
5400000 Fire Hydrant Program - Phase III ,
5401000 Records Management Improvements 3,965
5600000 29TH Street Water Tank Replacement 1,300
5602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 600,000
5802000 Utility Crossing Condition Assessment 343,518
6028000 Comprehensive Emergency Response & Planning - Phase I 9,667
6033000 Infiltration, Inflow, and Rehabilitation - Phase I 19,067
6038000 Sewer SCADA System Upgrade 1,500
6139000 Bayway Road Sewer Improvements-51% 5,975
6169000 IVR/CTI, Bill Prnt, Auto Payment Solution Design 9,235
6451000 Eigineering Services - Various Projects 39,266
6802000 Utility Crossing Condition Assessment 334,211
Total Transfer From: $ 3,218,111
Various Business Areas
Transfer To:
3095000 Police Integrated Public Safety RMS
8933000 Landfill #2 Expansion
Transfer From:
Fixed Assets (Various Closed-Out Projects)
2161000 Traffic Signal Retiming
2076000 Laskin Road Gateway
2091000 Nimmo Parkways Phases II and III
3043000 CIT-In Vehicle Mapping
3083000 CIT-System Center Configuration Management
3086000 CIT-EMS Handheld Field Reporting
3209000 CIT-Enterprise Electronic Records Management System
3346000 CIT-Automatic Vehicle Locator System
$ 1,074,819
1,383,709
Total Transfer To: $ 2,458,528
Total Transfer From
$ 682,681
599,800
100,000
1,228
107,545
27,802
83,260
288,385
567,827
$ 2,458,528
Attachment D- Reductions in Non-City Funding
Amount of
Reduction in
Appropriations
Prior to Funding
Project # FY 2012-13 Source
Economic Vitalitv
9336000 Spot Blight Abatement $ 153,278 Sale of Property
Total Reduction: $ 153,278
Qualitv Phvsical Environment
3503000 Lighthouse Multi-Service Center $ 1,016,000 Federal Funding
3503000 Lighthouse Multi-Service Center 900,000 Private Contributions
7153000 Lynnhaven Watershed Restoration 46,654 State Contribution
7159000 Water Quality Participation Projects 15,001 State Contribution
8933000 Landfill #2 Expansion 1,383,709 Southeastern Public Service Authority
Total Reduction: $ 3,361,364
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF
4 $67,700,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL
5 IMPROVEMENTS
6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general
7 obligation public improvement bonds for various purposes in the maximum amount of $67,700,000, as permitted by the City
8 Charter, without submitting the question of their issuance to the qualified voters.
9
10 WHEREAS, City Council held public hearings on the program to provide for public comment;
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
13
14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various
15 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants
16 and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through
17 the borrowing of up to $67,700,000 and issuing the City's general obligation bonds therefor.
18
19 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be
20 issued general obligation public improvement bonds of the City in the maximum arnount of $67,700,000, to provide funds,
21 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal,
22 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following:
23 preliminary studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site
24 acquisition, relocation of residents, utility relocation, construction, renovation, expansion, repair, demolition, site
25 improvement, site work, legal services, inspection and support services, furniture and equipment, and contingencies.
26
27 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combined
28 with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds.
29
30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from
31 their dates, bear interest, be in such denominations and form, be executed in such rnanner and be sold at such time or times
32 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
33
34 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if any,
35 and interest on which its full faith and credit shall be irrevocably pledged.
36
37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by
38 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date
39 of the issuance of the Bonds.
40
41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file
42 a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
43
44 8. That this ordinance shall be in full force and effective from its passage.
45
46 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
47
48 Adoption requires the affirmative vote of two-thirds of all members of the City Council.
APPROVED AS TO CONTENT:
.? ? a- °
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
?
?
it y's Office
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM
Z REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
3 AMOUNT OF $27,000,000
4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and sewer system
5 revenue bonds in the maximum amount of $27,000,000 for financing improvements and expansions to the City's water and sewer
6 system (the "System"), as permitted by the City Charter without submitting the question of their issuance to the qualified voters.
7
8 WHEREAS, City Council held public hearings on the program to provide for public comment;
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
11
12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and
13 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth,
14 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $27,000,000 and issuing
15 the City's revenue bonds therefore.
16
17 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water
18 and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with other
19 available funds, for financing the costs of improvements and expansions to the System.
20
21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates,
22 bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such
23 manner as the Council may hereafter provide by appropriate resolution or resolutions.
24
25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shail be limited obligations
26 of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System,
27 and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or
28 constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any country, city, town,
29 or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the
30 covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter
31 shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the
32 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged
33 to the payment of the principal of and premium, if any, and interest on the bonds.
34
35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the
36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such
37 rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time
38 and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on
39 the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also
40 include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and
41 sewer revenue obligations.
42
43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general
44 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of
45 the bonds.
46
47 7. That the City Cierk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified
48 copy of this ordinance with the Circuit Court of the City of Virginia Beach.
49
50 8. That this ordinance shall be in full force and effect from its passage.
51
52 Adopted by the Councii of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
53
54 Adoption requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Ci ' ffice
.?
1 AN ORDINANCE TO REALIGN REVENUES OF THE ROADWAYS CAPITAL
2 IMPROVEMENTS PROJECTS FROM VARIOUS SOURCES SET FORTH
3 HEREIN
4 WHEREAS, the City establishes funding sources for Roadways capital project based on initial estimates of State,
5 Federal and local sources provided by the Virginia Department of Transportation (VDOT);
6
7 WHEREAS, VDOT finalizes funding allocations in any given year after the proposed Capital Budget is finalized for
8 presentation to City Council;
9
10 WHEREAS, VDOT also adjusts revenue sources and local funding responsibility throughout the duration of a given
11 project;
12
13 WHEREAS, VDOT also adjusts the funding resources based on changes in scope, bids received, and availability of
14 annual funding; and
15
16 WHEREAS, this ordinance does not increase aggregate appropriations to date; and
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
19
20 1. That the following projects have $1,399,038 in local funding available as the projects are nearing final completion;
21 appropriations can be reduced and local revenue is necessary to provide local funding as set forth in paragraphs 6-8
22 below:
a. 2-067 Sandbridge Road Safety Improvements $327,184
b. 2-073 BucknerBoulevard Extended 9,708
c. 2-074 I-264 Great Neck Ramps 396,312
d. 2-076 Laskin Road Gateway 9,625
e. 2-091 Nimmo Parkway Phases 111 and IV 18,704
f. 2-137 Great Neck Road IV/London Bridge Road III 419,502
g. 2-285 Traffic Safety Improvements 218,003
23
24 2. That the following projects have $3,336,344 in local funding available due to favorable bids or changes in local
25 funding requirements by VDOT; appropriations can be reduced and local revenue is necessary to provide focal
26 funding as set forth in paragraphs 6-8 below:
h. 2-121 Nimmo Parkway Phase V-A (VDOT) 2,078,329
i. 2-145 Wesleyan Drive 373,277
j. 2-305 Princess Anne Road - Phase IV 884,738
27
28 3. That the following projects have State funding reduced and Federal funding increased in equal amounts:
29 a. That Project 2-025 - Witchduck Road is hereby decreased by $623,100 in estimated State revenue and
30 increased by $623,100 in estimated federal revenue.
31 b. That Project 2-145 - Wesleyan Drive is hereby reduced by $7,552,910 in State revenue and increased by
32 $7,552,910 in Federal revenue.
33 c. That Project 2-152 - Elbow Road Extended - Phase II is hereby reduced by $3,644,000 in State revenue and
34 increased by $3,644,000 in Federal revenue.
35 d. That Project 2-165 - Laskin Road - Phase 11 is hereby reduced by $404,000 in State revenue and increased by
36 $404,000 in Federal revenue.
37
38 4. That the following projects have Federal funding reduced and State funding increased in equal amounts:
39 a. That Project 2-089 - Southeastern Parkway and Greenbelt is hereby reduced by $378,011 in Federal
40 revenue and increased by $378,011 in State funding.
41 b. That Project 2-177 - Proactive Safety Improvement Program is hereby reduced by $101,000 in Federal
42 revenue and increased by $101,000 in State revenue.
43
44 5. That Project 2-065 - Elbow Road Extended - Phase II-A is hereby reduced by $17,131 in estimated State revenue and
45 total appropriations in this project are reduced by $17,131.
46
47 6. That Project 2-039 - Computerized Traffic Signal System Upgrade and Replacement is hereby reduced by
48 $17,102,240 in estimated State revenue, increased by $10,840,370 in Federal revenue, increased by $1,314,307
49 supported by an appropriation of Interest on Bank Deposits, $1,399,038 in local revenue from the projects above,
50 and the appropriation reduced by $3,548,525.
51
52 7. That Project 2-048 - Princess Anne Road/Kempsville Road Intersection Improvements is hereby reduced by
53 $38,688,855 in State revenue, increased by $37,054,000 in Federal revenue and $1,634,855 in local revenue.
54
55 8. That Project 2-178 - Highway Safety Improvement Program is hereby reduced by $2,662,569 in Federal revenue,
56 increased by $67,095 in State revenue, increased by $1,701,489 in local revenue, and the appropriation reduced by
57 $893,985.
58
59 9. That this ordinance shall be in effect from the date of its adoption.
60
61
Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
62
63 Requires an affirmative vote of the majority of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICfENCY:
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-zs-
Item -V-I.2a16
ORDINANCES/RESOL UTIONS ITEM #61856
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to AMEND the City Code:
a. §§16-22.2, 16-12.4 and 16-12.9 re enforcement of
Residential Rental Inspection Districts
b. §23-58(fl(6) re Comrrtercial Parking Lots
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice MayoY Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 8, 2012
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AN ORDINANCE TO AMEND SECTION 16-
12.2, 16-12.4 AND 16-12.9 OF THE CITY
CODE PERTAINING TO ENFORCEMENT OF
RESIDENTIAL RENTAL INSPECTION
DISTRICTS
Sections Amended: §§ 16-12.2, 16-12.4 & 16-
12.9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 16-12.2, 16-12.4 and 16-12.9 of the Code of the City of Virginia
Beach, Virginia, are hereby amended and reordained to read as follows:
ARTICLE I. - IN GENERAL
Sec. 16-12.2. - Applicability.
(a) The provisions of this article shall apply to residential rental dwelling units
located within the districts designated by the city council pursuant to section 16-12.1(a)
and to such other individual residential rental dwelling units as the city council may
designate pursuant to section 16-12.1(b).
(b) The followinq definitions shall apply to the sections reqardinq residential
rental dwellinq units and certificates:
(1) Dwellin.q unit is a buildinq or structure or part thereof that is used for a
home or residence by one or more persons who maintain a household.
(2) Owner is the person shown on the current real estate assessment books
or current real estate assessment records.
(3) Residential rental dwellinq unit is a dwellinq unit that is leased or rented to
one or more tenants. However, a dwellinq unit occupied in part by the
owner thereof shall not be construed to be a residential rental dwellinq unit
unless a tenant occupies a part of the dwelling unit which has its own
cookinq and sleeping areas and a bathroom.
COMMENT
The addition of these definitions from Virginia Code Section 36-105.1:1 will add further
clarification to the ordinance.
45
46 Sec. 16-12.3. - Notification.
47
48 (a) After the designation of a rental inspection district or the designation of an
49 individual residential rental dwelling unit, the code enforcement administrator shall make
50 reasonable efforts to notify all owners of residential rental dwelling units located within
51 the designated rental inspection districts and to the owners of individual residential
52 rental dwelling units so designated, or their managing agents, of the adoption of the
53 designation ordinance. Such notification shall also include information concerning, and
54 an explanation of, the provisions of this article and the responsibilities of the owner
55 pursuant to such provisions. No initial inspection of any residential rental dwelling unit
56 shall be conducted until written notice of such inspection has been provided to the
57 owner of such unit. The mailing of said notice by the code enforcement administrator
58 shall be deemed sufficient notice for purposes of authorizing initial inspections pursuant
59 to this article
60
61 (b) The owner of any residential rental dwelling unit located within an
62 inspection district shall, no later than sixty (60) days after the date of adoption of the
63 ordinance, notify the code enforcement administrator in writing of any property that is
64 used as a residential rental dwelling unit. Such notice and information shall be
65 submitted on a form provided by the code enforcement administrator. Any owner who
66 willfully fails to comply with the requirements of this subsection after having been given
67 notice pursuant to subsection (a) hereof shall be subject to a civil penalty in the amount
68 of fifty dollars ($50.00). Such civil penalty shall be in lieu of all other penalties.
69
70 COMMENT
71
72 There are no substantive changes to this section. It is included for reference only.
73
74 Sec. 16-12.4. - Inspection and certificate required.
75
76 (a) Initial inspection. The code enforcement administrator may, in conjunction
77 with written notification pursuant to section 16-12.3, inspect the dwelling units in the
78 designated rental inspection districts to determine whether the units are used as
79 residential rental property and whether such units are in compliance with the provisions
80 of the Uniform Statewide Building Code that affect the safe, decent and sanitary living
81 conditions for the tenants of such property.
82
83 (b) Periodic inspections. Following the initial inspection of a residential rental
84 dwelling unit, the code enforcement administrator may inspect any residential rental
85 dwelling unit in a rental inspection district that is not otherwise exempted a maximum of
86 once per calendar year.
87
88 (c) Follow-up inspections Upon the initial or periodic inspection of a
89 residential rental dwelling unit, the code enforcement administrator may require the
90 owner of the dwelling unit to submit to such follow-up inspections of the dwelling unit as
91 the code enforcement administrator deems necessary, until such time as the dwelling
92 unit is brought into compliance with the provisions of the Uniform Statewide Building
93 Code that affect the safe, decent and sanitary living conditions for the tenants.
94
95 (d) Certificate All residential rental dwellinq units located within the
96 residential rental districts established bv Citv Council shall be reauired to obtain a
97 certificate indicatinq that the residential rental dwellinq unit is in compliance with the
98 requirements of this ordinance and the Uniform Statewide Buildinq Code.
99
100 COMMENT
101
102 The addition of paragraph (d) adds clarification that a certificate is required for all residential
103 rental properties in the district.
104
105 ....
106
107 Sec. 16-12.9. - Violation; penalty.
108
109 Except as provided in section 16 12.4 16-12.3, any person failing to comply with
110 the requirements of this article shall be subject to the penalties established in section
111 16-11, provided, however, that the code enforcement administrator may take such
112 further and additional action as is allowed by law in order to obtain compliance with the
113 requirements of this article.
114
115 COMMENT
116
117 This amendment corrects a typo that should have read section 16-12.3 where the penalty for
118 noncompliance with registering rental properties is a$50 fine. The violation for not getting a
119 certificate should be found in section 16-11.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this gth
day of MaY , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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City Attorney's Office
CA12213
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March 26, 2012
1 AN ORDINANCE TO AMEND SECTION 23-58
2 OF THE CITY CODE PERTAINING TO
3 COMMERCIAL PARKING LOTS
4
5 SECTION AMENDED: § 23-58
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 23-58 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 23-58. - Commercial parking lots.
14 (a) For purposes of this section, the term commercial parking lot means any lot,
15 or portion thereof, used for the parking of motor vehicles for a fee or other
16 consideration, but not including parking garages or similar structures. The provisions of
17 this section shall apply to all commercial parking lots located in any Resort Tourist
18 Zoning District.
19 (b) It shall be unlawful and a misdemeanor punishable by a fine of not less than
20 one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for any
21 person, firm, corporation or other entity to operate a commercial parking lot in violation
22 of any of the provisions of this section. Each day that a violation continues shall
23 constitute a separate offense. In addition to any fine imposed hereunder, and not in lieu
24 thereof, the continuing violation of any of the provisions of this section may be enjoined
25 or restrained by injunction.
26 (c) Application for a permit required by this section shall be made to the city
27 manager or his designee. Each application shall set forth the name and address of the
28 applicant and, if different, the name and address of the owner of the property upon
29 which the proposed commercial parking lot is to be located, and shall be accompanied
30 by:
31 (1) A nonrefundable fee of one hundred dollars ($100.00);
32 (2) An approved site plan prepared in accordance with the Site Plan Ordinance
33 and showing all elements required by this section; and
34 (3) A sign plan showing the design, size, color and materials of all signs to be
35 located on the lot.
36 (d) Upon approval of an application, the permittee shall be issued a self-adhesive
37 sticker which shall serve as the permit and shall be affixed to one (1) of the entrance
38 signs required by subsection (i) of this section.
39 (e) It shall be a condition of every permit issued hereunder that the city or its
40 agents shall have the authority to enter upon the commercial parking lot and perform
41 any acts required to bring the property into compliance with the provisions of this
42 section in the event the owner or operator, after being given notice of, and a reasonable
43 opportunity to correct, any condition of noncompliance shall fail to do so.
44 (fl Commercial parking lots shall at all times, whether or not they are in operation:
45 (1) Have a paved surface, inclusive of all drive aisles, which meets the
46 requirements of the Specifications and Standards of the Department of Public
47 Works and the Site Plan Ordinance; provided, that any commercial parking lot in
48 operation as of July 1, 2002 shall not be required to provide curbing so long as
49 wheel stops composed of concrete or asphalt are provided and maintained in good
50 condition and repair at all times;
51 (2) Contain perimeter landscaping meeting the requirements of section 5A of the
52 Parking Lot Landscaping Specifications and Standards where adjacent to any
53 public right-of-way or other publicly-owned property. The perimeter may also be
54 enclosed by fencing meeting the requirements for fences set forth in section 201(e)
55 of the City Zoning Ordinance; provided, however, that such fencing shall not
56 exceed four (4) feet in height and shall consist of materials, such as black vinyl-
57 coated chain link, white vinyl picket or black wrought iron, which are generally
58 recognized within the industry as maintenance-free. Wood split-rail fences shall not
59 be permitted. Such fencing and landscaping shall at all times be maintained in
60 good condition and repair;
61 (3) Where such lot is greater than twenty-four thousand (24,000) square feet in
62 area, contain additional landscaping, which may consist of city-approved plant
63 containers, located at the end of all parking aisles not adjacent to a public right-of-
64 way or other publicly-owned property and which shall be maintained in good
65 condition and repair at all times;
66 (4) Be secured at all points of ingress and egress by a gate, consisting of
67 materials, such as black vinyl-coated chain link, white vinyl picket or black wrought
68 iron, which are generally recognized within the industry as maintenance-free,
69 except during hours of operation;
70 (5) Contain no less than one (1) trash receptacle, plainly visible and marked as
71 such, for every three thousand five hundred (3,500) square feet of lot area or
72 fraction thereof;
73 (6) Have upon the premises, from dusk until
74 one-half hour after closing or until the last vehicle has exited the lot, whichever is
75 earlier, at least one (1) attendant. If any type of shelter is provided for attendants,
76 such shelter shall at all times be maintained in good condition and repair;
77 (7) Be maintained in a clean and orderly condition at all times. All trash
78 receptacles shall be emptied and the contents thereof properly disposed of at the
79 close of operation daily and at such other times as receptacles become full; and
80 (8) Be in compliance with all other applicable requirements of federal, state and
81 local law including, without limitation, the handicapped parking space requirements
82 of the Americans With Disabilities Act.
83 (g) Notwithstanding the provisions of any other ordinance or regulation,
84 commercial parking lots shall have one (1) sign, not exceeding nine (9) square feet in
85 surface area per face, at each principal entrance. Each entrance sign shall contain the
86 name of the establishment, if any, and times of operation and shall otherwise comply
87 with all applicable city sign regulations and specifications for public signs in the Resort
88 Area. Entrance signs may contain removable numbers for purposes of displaying rates.
89 The square footage of such entrance signs shall not be counted against the maximum
90 square footage allowed for commercial signs under the City Zoning Ordinance.
91 (h) Commercial parking lots shall be subject to inspection by the city manager or
92 his designee for purposes of determining compliance with the provisions of this section,
93 and no person shall obstruct or interfere with such personnel as are authorized by the
94 city manager to enforce this section in the lawful discharge of their duties.
95 (i) During the period from April 1 to September 30, inclusive, except where a
96 commercial parking lot is accessory to a business which remains open after 2:00 a.m.,
97 is used solely by patrons of such business, and is supervised by the operator of such
98 business, no vehicle shall be permitted to enter any commercial parking lot after 2:00
99 a.m. . All such lots shall be secured at all points of ingress and egress, as required by
100 subdivision (3) of subsection (f) hereof, by no later than 2:30 a.m. and shall remain
101 closed until no earlier than 5:00 a.m.
102 (j) The provisions of this section shall be deemed to be severable, and if any of
103 the provisions hereof are adjudged to be invalid or unenforceable, the remainder of this
104 section shall remain in full force and effect and its validity shall remain unimpaired.
105 (k) The city manager or his designee is authorized, upon application by the owner
106 of a commercial parking lot, to grant a variance from the provisions of this section when:
107 (1) Strict application of the provisions of this section will effectively prohibit or
108 unreasonably restrict the use of the property. For purposes of this section, it shall
109 be presumed that the loss of ten (10) percent or more of existing parking spaces
110 meeting the dimensional requirements of section 203 of the City Zoning Ordinance
111 by reason of the application of the landscaping requirements set forth in subsection
112 (fl(2) of this section shall constitute an unreasonable restriction upon the use of the
113 property; or
114 (2) The granting of such variance will alleviate a clearly demonstrable hardship
115 approaching confiscation, as distinguished from a special privilege.
116 In granting a variance, the city manager or his designee may impose such conditions as
117 may be necessary in the public interest; provided, however, that the city manager or his
118 designee shall not grant a variance from any condition or requirement of a conditional
119 use permit granted by the city council.
120
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th
day of May 12012.
APPROVED AS TO CONTENT
1'e e?
Strategic Growth Area Office
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA12245
R-1
April 2, 2012
-29-
Item -V-I.3
ORDINANCES/RESOLUTIONS ITEM #61857
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, Ciry Council ADOPTED, BY
CONSENT.•
Ordinances to AUTHORIZE acquisition of an Agricultural Land
Preservation (ARP) Easement to Barry D. and Paula W. Knight in the
amount of $184, 652 at Head of River Road
Tjoting: 9-1 (By Consent)
Council Members Tjoting Aye:
Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Yoting Nay:
John D. Moss
Council Members Absent:
None
Council Members Abstaining:
William R. "Bill " DeSteph
May 8, 2012
1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
2 AGRICULTURAL LAND PRESERVATION EASEMENT AND
3 THE ISSUANCE BY THE CITY OF ITS CONTRACT
4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
5 $184,652. (PROPERTY OF BARRY D. KNIGHT AND PAULA
6 W. KNIGHT)
7
8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
10 presented to the City Council a request for approval of an Installment Purchase Agreement
11 (the form and standard provisions of which have been previously approved by the City
12 Council, a summary of the material terms of which is hereto attached, and a true copy of
13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights
14 (as defined in the Installment Purchase Agreement) on certain property located in the City
15 and more fully described in Exhibit B of the Installment Purchase Agreement for a
16 purchase price of $184,652; and
17
18 WHEREAS, the aforesaid Development Rights shall be acquired through the
19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
20 compliance with, the requirements of the Ordinance; and
21
22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
23 purchase as evidenced by the Installment Purchase Agreement;
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 1. The City Council hereby determines and finds that the proposed terms and
29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
30 Agreement, including the purchase price and manner of payment, are fair and reasonable
31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
32 is hereby authorized to approve, upon or before the execution and delivery of the
33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
34 balance of the purchase price set forth hereinabove as the greater of 2.0500% per annum
35 or the per annum rate which is equal to the yield on United States Treasury STRIPS
36 purchased by the City to fund such unpaid principal balance; provided, however, that such
37 rate of interest shall not exceed 5.0500% unless the approval of the City Council by
38 resolution duly adopted is first obtained.
39
40 2. The City Council hereby further determines that funding is available for the
41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
42 the terms and conditions set forth therein.
43
44 3. The City Council hereby expressly approves the Installment Purchase
45 Agreement and, subject to the determination of the City Attorney that there are no defects
46 in title to the property or other restrictions or encumbrances thereon which may, in the
47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
48 Manager or his designee to execute and deliver the Installment Purchase Agreement in
49 substantially the same form and substance as approved hereby with such minor
50 modifications, insertions, completions or omissions which do not materially alter the
51 purchase price or manner of payment, as the City Manager or his designee shall approve.
52 The City Council further directs the City Clerk to affix the seal of the City to, and attest
53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
54 incurrence of the indebtedness represented by the issuance and delivery of the Installment
55 Purchase Agreement.
56
57 4. The City Council hereby elects to issue the indebtedness under the Charter
58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
59 the indebtedness a contractual obligation bearing the full faith and credit of the City.
60
61 Adoption requires an affirmative vote of a majority of all members of the City
62 Council.
63
64 May Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of
65 , 2012.
219
kkvbgov.comXDF5 1 \Applications\CityLawProd\cycom32\Wpdocs\D019\P012\00015923.DOC
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DATE: April 23, 2012
APPROVED AS TO CONTENT:
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Agriculture Department
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
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Director of Finance
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2011-120
SUMMARY OF MATERIAL TERMS
SELLER: KNIGHT, Barry D. and KNIGHT, Paula W.
PROPERTY LOCATION: North Side of Head of River Road, Princess Anne District
PURCHASE PRICE: $184,652
EASEMENT AREA: 27.56 acres, more or less
DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 2.0500% (actual rate to be determined when STRIPS are purchased prior
to execution of IPA). Rate may not exceed 5.0500% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IPA date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IPA.
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Item -VII-I.4
ORDINANCES/RESOL UTIONS ITEM #61858
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE the Ciry Manager to EXECUTE a Lease
with renewal options between CBM Company t/a Schooner Inn and the
City for property at 2"d Street and Atlantic Avenue
Yoting: 9-1 (By Consent)
Council Members Voting Aye.
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Mernbers Absent:
None
Council Members Abstaining:
John E. Uhrin
May 8, 2012
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR ONE (1)
3 YEAR, WITH FOUR (4) ONE-YEAR RENEWAL
4 OPTIONS, FOR CITY-OWNED PROPERTY
5 LOCATED AT THE INTERSECTION OF 2ND STREET
6 AND ATLANTIC AVENUE
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two (2)
9 parcels of land totaling approximately 15,000 sq. ft. (0.34 acre), located at the
lo intersection of 2"d Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427-31-
11 3918) (collectively, the "Property");
12
13 WHEREAS, C.B.M. Co. (t/a Schooner Inn), a Virginia corporation
14 ("Schooner") has leased the Property from the City since 2007, and desires to
15 continue leasing the Property;
16
17 WHEREAS, Schooner desires to enter into a new lease agreement for the
1$ Property for a term of one (1) year, with four (4) one-year renewal options;
19
20 WHEREAS, Schooner has agreed to pay the City $2,532 per month ($30,384
21 annually) for the use of the Property for the initial term, with a three percent (3%)
22 escalation each year thereafter; and
23
24 WHEREAS, the Property would continue to be utilized for hotel guest parking,
25 and may be sublet only with the written consent of the City.
26
27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the City Manager is hereby authorized to execute a lease for the term of
31 one (1) year, with four (4) one-year renewal options, between C.B.M. Co. (t/a
32 Schooner Inn) and the City for the Property in accordance with the Summary of
33 Terms attached hereto, and made a part hereof, and such other terms, conditions or
34 modifications deemed necessary and sufficient by the City Manager and in a form
35 deemed satisfactory by the City Attorney.
36
37 Ad?opted by the Council of the City of Virginia Beach, Virginia on the 8th
38 day of y 12012.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
City Attorney Public W rks / Fa ities
Management
CA12139
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April 24, 2012
EXHIBIT A
SUMMARY OF TERMS
LEASE OF CITY-OWNED PROPERTY LOCATED
AT 2ND STREET AND ATLANTIC AVENUE
LESSOR: City of Virginia Beach (the "City")
LESSEE: C.B.M. Co. (t/a Schooner Inn)
PREMISES: Approximately 15,000 sq. ft. (0.34 acre) of City-owned property located at the
intersection of 2nd Street and Atlantic Avenue.
TERM: May 1, 2012 through April 30, 2013, with four (4) one-year renewal options (the
"Term").
RENT: $2,532 per month ($30,384 annually) for the first year and escalated by three
percent (3%) each year thereafter.
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use the Premises solely for parking for registered guests of Schooner Inn; any
assignment or sublease must be approved in writing by the City.
• Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly
condition.
. Maintain commercial general liability insurance coverage with policy limits of not less than
one million dollars ($1,000,000) combined single limits per occurrence.
• Assume full responsibility and liability for any and all damages to persons or property
caused by any act or omission of the Lessee or its agents, etc. associated with the use of
the Premises.
• Comply with all applicable laws, ordinances, and regulations in the performance of its
obligations under the Lease.
RIGHTS AND RESPONSIBILITIES OF LESSOR:
• Access to the Premises at any time, without prior notice, in the event of an emergency.
. The right to require Lessee to surrender possession and control of the Premises to the
City upon forty-eight (48) hours' written notice, if needed for a public purpose.
TERMINATION:
0 The City may terminate the Lease for any reason upon ninety (90) days' written notice.
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VBgov.com
JOHN E.UHRIN PHONE. (757)491-9388
COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM
In Reply Refer to 0046682
May 8, 2012
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Fraser:
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E)
Pursuant to the State and Local Government Conflict of Interests Act, I make the
following declaration:
1. I am executing this written disclosure regarding City Council's discussion and
vote on a portion of an ordinance authorizing the City Manager to execute a lease
for City-owned property located at the intersection of 2° Street and Atlantic
Avenue.
2. I have a personal interest in this transaction because I am an employee of C.B.M.,
Co., which is located at 215 Atlantic Avenue in Virginia Beach, and C.B.M., Co.
is the proposed lessee.
3. I wish to disclose this interest and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
515 DELAWARE AVENUE,VIRGINIA BEACH,VIRGINIA 23451
Mrs. Ruth Hodges Fraser -2- May 8, 2012
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E)
Thank you for your assistance and cooperation in this matter.
Since-:ly,
1)
Jo E. Uhrin
ouncilmember
JEU/RRI
-31-
Item -V-I.S
ORDINANCES/RESOL UTIONS ITEM #6I859
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to SUPPORT an application to the ViYginia Department of
Conservation and Recreation for a Recreational Trails Program Grant
in the amount of $189,400 re acquisition at the Lake Lawson/Lake Smith
Natural Area
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.
None
May 8, 2012
1 A RESOLUTION IN SUPPORT OF A GRANT
2 APPLICATION TO THE VIRGINIA DEPARTMENT OF
3 CONSERVATION AND RECREATION FOR A
4 RECREATIONAL TRAILS PROGRAM GRANT
5
6 WHEREAS, a system of trails provides recreational opportunities that enhance
7 the general health and welfare of the citizens of the City of Virginia Beach; and
8
9 WHEREAS, the Virginia Beach Department of Parks and Recreation has
10 identified a possible site for a recreational trail in the Lake Lawson / Lake Smith Natural
11 Area; and
12
13 WHEREAS, the Virginia Department of Conservation and Recreation administers
14 state and federal program funds through the Virginia Recreational Trails Program; and
15
16 WHEREAS, any approved Recreational Trails program must comply with
17 applicable federal and state laws, including the National Environmental Policy Act
18 ("NEPA"), the Endangered Species Act, and the Historic Preservation Act; and
19
20 WHEREAS, the Recreational Trails Program provides grants of not less than
21 $25,000 and no more than $200,000, which are administered as reimbursement for
22 project purchases; and
23
24 WHEREAS, the Recreational Trails Program requires grant recipients to provide
25 local funding of at least 20% of project costs and a commitment that the project be
26 completed within three years of the grant award; and
27
28 WHEREAS, as required by NEPA, a public comment period for this project was
29 completed as part of the master planning process in November 2009 and February
30 2010; and
31
32 WHEREAS, if the grant application is approved, the required local match would
33 be provided by funds in CIP #4-306, "Open Space Park Development and Maintenance,
34 Phase 2."
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
37 VIRGINIA BEACH, VIRGINIA, THAT:
38
39 1. The Council of the City of Virginia Beach supports an application to the Virginia
40 Department of Conservation and Recreation for the development of a trails
41 project in the Lake Lawson / Lake Smith Natural Area.
42
43 2. The Council of the City of Virginia Beach acknowledges that if the grant
44 application is approved, the project will require local funding of 20% of project
45 costs and a commitment that the project be completed within three years of the
46 grant award.
47
t 48 3. The City Manager or his authorized designee is authorized to enter into an
49 agreement on behalf of the City in furtherance of the purpose of this Resolution
50 after review of such agreement for legal sufficiency by the Office of the City
51 Attorney.
52
53 Adopted by the City Council of the City of Virginia Beach, Virginia, this 8th
54 day of May , 2012.
APPROVED AS/TO CONTENT:
Parks
on
APPROVED AS TO LEGAL SUFFICIENCY:
? .
Cit or 's Office
APPROVED AS TO CONTENT:
?
anage nt rvices
CA12254
R-1
April 12, 2012
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-32-
Item -V-I.6
ORDWANCES/RESOL UTIONS ITEM #61860
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY
CONSENT:
Ordinances to ACCEPT and APPROPRIATE:
a. $60,193 Grant from the Department of Housing and Urban
Development (HUD) to the FY 2012 Budget of Housing and
Neighborhood Preservation re Emergency Homeless Assistance
b. $606,500 from the School Site Landscaping to the FY 2012
Budget of Parks and Recreation:
1) Playground safety improvements at ten (10) sites
$151,500
2) Relocate and replace playground and equipment at
Cooke Elementary $ 50, 000
3) Replace basketball equipment at various locations
$ 50,000
4) Drainage dnd pond shoreline reconstruction at Larkspur
Middle School $330, 000
c. TRANSFER $197, 668 from the Reserve for Contingencies to the
General Registrar's FY2011-12 Budget re the Republican Party
Primary Senatorial Election
Voting.• 11-0 (By Consent)
Council Members Yoting Aye.
Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Yoting Nay.
None
Council Members Absent:
None
May 8, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANT FUNDS TO THE FY 2012 OPERATING BUDGET
OF THE DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION FOR EMERGENCY
HOMELESS ASSISTANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $60,193 is hereby accepted from the U.S. Department of Housing and
Urban Development and appropriated, with federal revenues increased
accordingly, to the FY 2012 Operating Budget of the Department of Housing
and Neighborhood Preservation to provide assistance for the homeless
population and those that are in danger of becoming homeless; and
2. That the Department of Housing and Neighborhood Preservation shall
provide the required documentation for the local match as needed and
appropriate under federal regulations.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day
of May , 2012.
Requires an affirmative vote of a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
CA12258
R-2
May 2, 2012
APPROVED AS TO LEGAL
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
AN ORDINANCE TO APPROPRIATE $606,500 IN
FUND BALANCE FROM THE SCHOOL SITE
LANDSCAPING INTERNAL SERVICE FUND TO THE
FY 2012 OPERATING BUDGET OF THE
DEPARTMENT OF PARKS AND RECREATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $606,500 in fund balance from the School Site Landscaping Internal Service
Fund is hereby appropriated, with local revenue increased accordingly, to the FY 2012
Operating Budget of the Department of Parks and Recreation to fund one-time
expenses approved by the School Administration.
Adopted by the Council of the City of Virginia Beach, Virginia on the gth day
of May , 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
r
City' to ce
CA12255
R-1
April 17, 2012
r
IRGlN1A BEACH CITY PUBLIC SCHOOLS
A H E A D 0 F T H E C U R V E
Dale R. Holt
Assistant Superintendent
Administrat?ve Support Services
RECV RAR
8 o
MEMORANDUM
TO: Frank Fentress, Administrator
Landscape Managernent '
?
FROM: Daie R. Holt, Assistant Superintendent
Department of Adrninistrative Support Services
SUBJECT: 613 Internal Service Fund Net Assets for FY 2011-12
DATE: March 27, 2012
We authorized the amount of $606,500 in the 613 Intemal Service Fund for the replacement of
equzpment, playground replacement and surfacing removal. We support the use of the Internal
Sezvice Fund Net Assets for these projects and we ask that you proceed to transfer the funds.
Please contact me should you have any questions and/or concerns.
cc: Dx. Sheila S. Magula, Deputy Superintendent
Farrell E. Hanzaker, Chief Financial Officez .
INTER-UFFICE MEMORANDUM
DATE: Novernber 10, 2011
VBgovxom
4141 DAV NECK ROnD
VIRGWIA BEACH, VA 23456-5786
TO: Dale Holt, P,ssistant Superintendent - Virginia Beach City Public Schools
FROM: 1' Frank Fentress, Landscape Management Administrator SUBJECT: Use of 613 Internal Service Fund Net Assets for FY 2011-12
As you know, the year-end fund balance for 91049 - Grounds Services accumulates in a 613 Intemal
Service Fund account at the end of each fiscal year. The fund balance is made up largely o# salary and
fringe benefifs surpluses at the end pf each fiscal year due to employee furnover and entry-level
vacancies in Grounds Serviees. We are requesting your approval to use $$19,500 from fhe net assets in
the 613 Internal Service Fund to pay for some specific projects and equipment replacements that we
cannot afford to do otherwise in FY 11 -12: The specific requests and amounts are Iisted befow:
603407 - Other Contractual Services
Playground Safety Improvements
- 10 playgrounds @$15,9 50 each - Phase III of a 5-year program for
Surfacing RemoVal and Replacement at various school sites
- Renovation and rePlacement of Cooke Elementary playground
- Basketball s#anchion and backstop replacements at
various elementary schoofs
- Pond shore?ine reconstruction and site drairtage improvements at
Larkspur Middle School
607105 - Repfacement of Motor Vehicles and Epuipment
(1) Concrete Grinder to replace Motor Grader#008605 $13,000
(2) Trucks, 17,500 GVW, Crew Cab with Snow Plow $100,000
and Salt Spreader to replace #141316, 141318
$151,500
$50,000
$75,000
$330,000
_? ??? 16 00
$13,000
$200,000
Tatal FY 2011-2012 Net Assets Request $819,500
DEPARTMENT OF PARtCS AND RECREATION
LANDSCAPE MANAGEMENT DIVISION
757-385-4461
FAX (757) 427-1895
TDD (757)427-4305
Memorandurn to Dale Holt
Page Two
November 10, 2011
Below is a brief explanafion of the projects:
Phase I of the five-year safety surface replacement program began in 2010. Twenfy-three
p(aygrounds at elementary school sifes have been addressed thus far, and two more are
scheduled for comp[etion this winfer. Phase il[ addresses 10 more elernenfary school
playgrounds. New drainage systems, in addition to removal and replacement of playground base
materials and engineered wood fiber, will help ensure that national safe#y standards are met while
prolonging the 1'rfe expectancy of the foy structure. ADA accessible walkways are afso being
installed with these renovations.
• The existing playground at Cooke Elementary School was instailed in 1996. If is a challenge
course design and is more suitable for older children and adufts. Renovating the play area and
replacing the existing challenge course components with an age-appropriate playground toy will
provide a safer, more valuabie, ADA accessible play experience for the younger s#udents.
o Basketbalf stanchion refurbishment and replacements, mostly a# elementary schoo{s, have besn
complete<i as needed each year to ensure that aging structures are structurally saund. However,
due fo encapsulated lead paint; advancing rust concerns and metal failure, yearly upkeep is
becoming increasingly chalfenging. Grounds Services/ Landscape Management is able fo fund a
portion of the complete replacements; however, additionaf fund'ing is required to replace
basketbafl stanchions and backstops in order fo remain compliant with safety standards.
. As supported by an Existing Drainage Study perFormed by Kimley-Horn in 201 0, the sformwater
managerrrent pond af Larkspur Middle School is highly eraded from wave action, and there are
two flooding areas, one in thie east parking iot, and one at the main student entry sidewalk far the
building. The recommendatiflns made by Kifnley-Horn included an estimate of $330,000 for
design and construction to correcf fihese drainage issues. Reconstruction of #he pond. shorelines
and estabtishment of better vegetafion will a[so help alleviate'an ongo'ing problem with geese at
this site.
• All vehicles and equipment listed have met mileage and service requi'rements established by the
City's Fleet Management Division for replacement and are essential to our operafion. Funding -will.
reduce repair costs, minimize downtime, and help to ensure effaetive service delivery.
As noted previously, we are recommending thatfunding be utilized from the 613 Internal Servic.e Fund.
In lieu of lnternal Service funding, the alternatives are either delaying these projec#s and replacements
unti[ they can be funded through the normal budget process or that no funding at alf be provided to fund
these projects. We fieel that these two alternatives, especially providing no funding, will result in
deficiencies at. a number of school sites. 1Ne have also proposed some of the safety improvements
previously in the budget process, but due to competing priorifies have been unable fo secure funding.
We look forward to your favorable response. Please feel free to contact me should you need more
information or clarification to evaluate these requests.
FLF/jfb
cc: Steve Johnston
Christina Uperti
David Walker
Paul Harris
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
AN ORDINANCE TRANSFERRING FUNDS FROM
THE GENERAL FUND RESERVE FOR
CONTINGENCIES TO THE FY 2012 OPERATING
BUDGET OF THE GENERAL REGISTRAR FOR THE
REPUBLICAN PARTY PRIMARY SENATORIAL
ELECTION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $197,668 is hereby transferred from the General Fund Reserve for
Contingencies to the FY 2011-12 Operating Budget of the General Registrar to fund the
June 2012 Republican Party Primary Senatorial Election.
Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day
of May , 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
GL
t
Management Services
,
City Attorney's Office
CA12256
R-1
April 24, 2012
-33-
Itenz -V-J
PLANNING
1. OCEANRENTAL PROPERTIES, LLC
2. B.C. INVESTMENTS, LLC/
RCC SALEM LAKES II, LLC and
SALEMLAKESII, LLC
3. BILLY W. CHAPLAIN
ITEM #61861
4. CORNERSTONE BILLBE CHURCH, INC./
ICROLL ENTERPRISES
5. SENTARA HOSPITALS AND MPB, INC.
6. CITY OF VIRGINIA BEACH
ENCLARGEMENT OF NON-
CONFORMING USE
MOFIFICATION OF PROFFERS
CONDITIONAL USE PERMIT
MODIFICATION OF PROFFERS
CONDITIONAL IISE PERMIT
CONDITIONAL IISE PERMIT
CHANGE OF ZONING
STREET CLOSURE
May 8, 2012
-34-
Itent -V-J
PLANNING
ITEM #61862
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1, 2, 3, 4, S and 6 of the PLANNING BY CONSENT AGENDA.
Yoting: 11-0 (By Consent)
Coitncil Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Yoting Nay:
None
Council Members Absent:
None
May 8, 2012
-35-
Item -V-J.1
PLANNING
ITEM #6I863
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT Application of OCEAN RENTAL PROPERTIES, LLC,
for an Enlargement of a Non-ConforminQ Use to allow two single family dwellings at 403 1e Street
(DISTRICT 6 BEACH)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of OCEANRENTAL PROPERTIES, LLC,
for an Enlargement of a Non-Conforming Use to allow two single family
dwellings at 403 16" Street (GPIN2427069675) DISTRICT 6 BEACH
The following conditions shall be required:
The site shall be developed substantially in conformance with the
submitted "NON-CONFORMING USE EXHIBIT FOR OCEAN RENTAL
PROPERTIES, LLC 4403 16TH STREET ", dated February 2, 2012, and
prepared by WPL Landscape Architects/Land Surveyors/Engineers. Said
plan has been exhibited to the Virginia Beach City Council and is on file
in the Planning Department.
2. The proposed dwellings shall be constructed substantially in
conformance with the submitted elevations "403 16th Street Front Unit
and 403 16th Street Rear Unit ". Said elevations have been exhibited to
the Virginia Beach City Council and are on file in the Planning
Department.
3. Building materials shall consist of fiber-cement board siding, vinyl lap
and shake siding and architectural-grade roofing shingles. Brick skirting
shall cover the foundation. The windows, doors, railing and columns
shall be vinyl clad. Building colors shall be neutral tones of grays,
browns, beige, cream and white.
4. The existing Crape Myrtle trees between the sidewalk and the roadway
shall be protected during construction. The easternmost Crape Myrtle
may be removed to allow installation of the driveway. The applicant
shall plant a Crape Myrtle in the front yard of the proposed front
dwelling unit as replacement.
5. All yard areas that are not covered with impervious area shall be
landscaped with grass, shrubs and trees. The HVAC units shall be
screened from view with landscaping or fencing.
6. The driveways for the proposed units shall be pervious pavers or drive
strips. The vehicle parking area for the proposed rear dwelling unit shall
be pavers.
May 8, 2012
-36-
Item -V-J.1
PLANNING ITEM #6I863(Coiztinued)
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of May, Two
Thousand Twelve
Yoting: I1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Yoting Nay:
None
Council Members Absent:
None
May 8, 2012
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
2 A NONCONFORMING USE ON PROPERTY LOCATED AT
3 403 16T" STREET
4
5 WHEREAS, Ocean Rental Properties, LLC, (hereinafter the "Applicants") have
6 made application to the City Council for authorization to enlarge a nonconforming use
7 located at 403 16t" Street in the A-12 Apartment District by demolishing and
8 reconstructing two single-family dwellings on the same lot; and
9
10 WHEREAS, this lot originally contained two dwelling units; a single family
11 dwelling and a duplex. However, the duplex unit was destroyed, and City Council
12 passed a resolution allowing for the reconstruction of the duplex as a single-family
13 dwelling. At this time, the applicants request the ability to demolish the current single-
14 family dwelling and develop the site with two (2) single-family dwellings. Currently
15 single-family dwellings are not allowed in the A-12 Apartment District. The single-family
16 dwelling is nonconforming as it was built prior to the adoption of the applicable zoning
17 regulations; and
18
19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
21 City Council authorizing such action upon a finding that the proposed use, as
22 reconstructed, will be equally appropriate or more appropriate to the zoning district than
23 is the existing use;
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 That the City Council hereby finds that the proposed use, as reconstructed, will
29 be equally appropriate to the district as is the existing nonconforming use under the
30 conditions of approval set forth hereinbelow.
31
32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
33 BEACH, VIRGINIA:
34
35 That the reconstruction of the nonconforming use is hereby authorized, upon the
36 following conditions:
37
38 1. The site shall be developed substantially in conformance with the submitted
39 "NON-CONFORMING USE EXHIBIT FOR OCEAN RENTAL PROPERTIES,
40 LLC #403 16T" STREET", dated February 2, 2012, and prepared by WPL
41 Landscape Architects/Land Surveyors/Engineers. Said plan has been
42 exhibited to the Virginia Beach City Council and is on file in the Planning
43 Department.
44
45 2. The proposed dwellings shall be constructed substantially in conformance
46 with the submitted elevations "403 16th Street Front Unit and 403 16 t" Street
47 Rear Unit". Said elevations have been exhibited to the Virginia Beach City
48 Council and are on file in the Planning Department.
49
50 3. Building materials shall consist of fiber-cement board siding, vinyl lap and
51 shake siding, and architectural-grade roofing shingles. Brick skirting shall
52 cover the foundation. The windows, doors, railing, and columns shall be vinyl
53 clad. Building colors shall be neutral tones of grays, browns, beige, cream,
54 and white.
55
56 4. The existing Crape Myrtle trees between the sidewalk and the roadway shall
57 be protected during construction. The easternmost Crape Myrtle may be
58 removed to allow installation of the driveway. The applicant shall plant a
59 Crape Myrtle in the front yard of the proposed front dwelling unit as
60 replacement.
61
62 5. All yard areas that are not covered with impervious area shall be landscaped
63 with grass, shrubs and trees. The HVAC units shall be screened from view
64 with landscaping or fencing.
65
66 6. The driveway for the proposed units shall be pervious pavers or drive strips.
67 The vehicle parking area for the proposed rear dwelling unit shall be pavers.
68
69 Adopted by the Council of the City of Virginia Beach, Virginia, on the gth day
70 of May 12012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
. ?
,?
Plannin artment City ttorne Office
CA12263
R-1
April 27, 2012
-37-
Iteni -V-J.2
PLANNING
ITEM #61864
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED
PROFFERS, BY CONSENT, Application of B.C. INVESTMENTS, LLC/RCC SALEM LAKES II,
LLC and SALEM LAKES II, LLC for Modification o Pro ers, and a Conditional Use Permit
(Approved by City Council October 27, 1998) re mini- and self-storage, at Salem Road and Salem Lakes
Blvd. (DISTRICT 1-CENTERVILLE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of B.C. INVESTMENTS, LLC/RCC SALEM
LAKES II, LLC and SALEM LAKES II, LLC for Modification of
Pro ers and a Conditional Use Permit (Approved by City Council
October 27, 1998) re mini- and self-storage, at Salem Road and Salem
Lakes Blvd (GPIN1475905719) DISTRICT 1-CENTERVILLE
The following conditions shall be required:
An Agreement encompassing MODIFIED proffers shall be recorded with the Clerk of Circuit Court
Conditional Use Permit
CONDITIONS
ADDED BY PLANNING COMMISSION ACTION ONAPRIL 11, 2012
The outdoor storage area shall only be used for storing licensed and
operable motor homes / recreational vehicles (RV's), watercraft, trailers,
and motor vehicles. No construction equipment, dump trucks, towed
vehicles or materials of any kind shall be permitted to be stored within
the area.
2. The outdoor storage yard shall be enclosed by the two types of fencing,
the eastern wall of the storage building, and the gate, as depicted and
described on the "Zoning & Condition Use Exhibit for Salem Road Self
Storage " prepared by Kellam Gerwitz, dated 1130112.
3. The landscape screening and tree preservation depicted on the Plan
referenced in Condition 2 shall be installed substantially as depicted and
described on said Plan and shall be maintained in good condition and
health at all times.
4. A Photometric Plan shall be submitted for review during detailed Site
Plan review. The Plan shall include the location of all poles and building
mounted lighting fixtures, and the listing of lamp type, wattage and type
of fixture. All lighting on the site shall be consistent with those standards
recommended by the Illumination Engineering Society of North America.
The Plan shall include provisions for implementing low-level security
lighting for non-business hours. Lighting on the northern side of the
property is of particular concern due to the adjacent residential areas.
The lighting proposed for that side of the building shall not be installed
until approved by the Department of Planning / Current Planning.
May 8, 2012
-38-
Itenz -V-J.2
PLANNING ITEM #61864(Continued)
5. The hours of operation for the self-storage and the outdoor storage aYea
shall be 7: 00 a.m. to 8: 00 p.m.
6 The applicant shall install security cameYas that provide surveillance of
the outdoor stoYage area.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of May, Two
Thousand Twelve
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
MayoY William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 8, 2012
-39-
Item -V-J.3
PLANNING
ITEM #61865
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED
PROFFER NO. 1 AND CONDITIONED, BY CONSENT, Application of BILLY W. CHAPLAIN, foY
Modi ication o Pro er No.l and Modi ication of Condition No 7 of a Conditional Use Permit for Bulk
Stor-age (approved by City Council August 14, 2001) and a new Conditional Use Permit for Automobile
and Small Engine Repair at 849 and 853 Virginia Beach Boulevard (DISTRICT 6-BEACH)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of BILLY W. CHAPLAIN, for Modi acation
of 1'roffer No.l and Modification of Condition No 7 of a Conditional Use
PeYmit or Bulk Storage (approved by City Council August 14, 2001) and a
new Conditional Use Permit for Automobile and Small Engine Repair at
849 and 853 Virginia Beach Boulevard (GPIN24I7862074) DISTRICT 6-
BEACH
The following conditions shall be required:
An Agreement encompassing the MODIFIED proffers shall be recorded with the Clerk of Circuit
Court
MODIFICATION OF CONDITIONS OF CURRENT 2001 LISE PERMIT
All conditions with the exception of Number 7 attached to the
Conditional Use Permit granted by the City Council on August 14, 2001,
shall remain in effect.
8. Condition Number 7 of the August 14, 2001, Conditional Use Permit is
deleted and replaced with the following: "This Conditional Use Permit is
valid for five (5) years from the date of Ciry Council's approval or when
one of the following occurs prior to the end of the five (S) year term:
a. The land use on the adjacent property at 853 Virginia Beach
Boulevard changes to something other than an automobile
service and repair garage;
b. The land use on the adjacent property to the south changes to
something other than a residential trailer park.
If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of
Virginia Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner
CONDITIONS OF NEW IISE PERMIT
Parking for employees shall be met behind the building not in the
parking areas adjacent to Virginia Beach Boulevard and Washington
Avenue. The area shall be improved with curb, gutter, and pavement.
The applicant may request a deferral of on-site improvements; however,
in the minimum, the parking area shall be improved with gravel and
some means of delineation of the parking area.
May 8, 2012
-40-
Itent -V-J.3
PLANNING
ITEM #6I865(Continued)
2. Vehicles shall not maneuver directly (back out) into Virginia Beach
Boulevard from the automotive repair bay.
3. All repair work shall be performed inside the building.
4. There shall be no outside storage of vehicles in a state of obvious
disrepaiY. If vehicles in this condition require storage, then such
vehicles shall be stored inside the building.
5. All wrecked, junked and inoperative vehicles, debris, engine parts and
old tires shall be removed from the automotive / bulk storage area on the
site.
6 Tires and rims for sale shall not be displayed outside of the building.
7. All used tires shall be stored in an area which is not visible from any
adjoining property or right-of-way and maintained in a mosquito free
environment. There shall be no more than 30 used tires stored on the site
at any time.
8. All signage on the site shall conform to the requirements of the Ciry
Zoning Ordinance. There shall be no other signs, neon signs or neon
accents installed on any wall area of the building, on the windows and /
or doors, light poles or any other portions of the site. There shall not be
pennants, ribbons, streamers, spinners, strings of light bulbs, electronic
display signs or other similar moving devices.
9. Category One (1) landscape screening shall be installed along the
eastern and southern property lines (particularly adjacent to the existing
mobile home located to the south of the property).
This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance.
Adopted by the Ciry Council of the City of Virginia Beach, ViYginia, on the Eighth day of May, Two
Thousand Twelve
May 8, 2012
-41-
Item -V-J.3
PLANNING
ITEM #61865(Continued)
Voting: I1-0 (By Consent)
Council Members TTOting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.
None
Council Members Absent:
None
May 8, 2012
-42-
Item -V-J.4
PLANNING
ITEM #61866
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of CORNERSTONE BIBLE CHURCH,
INC/KROLL ENTERPRISES for a Conditional Use Permit re a church at 2180 McComas Way
(DISTRICT 7 -PRINCESS ANNE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of CORNERSTONE BIBLE CHURCH,
INC/KROLL ENTERPRISES for a Conditional Use Permit re a church at
2180 McComas Way (GPIN2404977494) DISTRICT 7-PRINCESS ANNE
The following conditions shall be required.•
The applicant shall obtain all necessary permits and inspections from the
Planning Department / Permits and Inspections Division and the Fire
Department. The applicant shall obtain a Certificate of Occupancy for
the change of use from the Building Permits Office.
2. There shall be no more than 300 individuals, or the maximum number of
individuals approved by the Building and Fire Officials, whichever is
less, within the suite at any one time.
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Eighth day of May, Two
Thousand Twelve
Yoting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Yoting Nay:
None
Council Members Absent:
None
May 8, 2012
-43-
Item -V-J.S
PLANNING
ITEM #61867
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS
PROFFERED, BY CONSENT, Application of SENTARA HOSPITALS AND MPB, INC., for a
Change of Zoning District Classif cation from A-12 Apartment District and R-1 S Residential District to
Conditional 0-2 Office District re offices and medical facilities at 800 and 816lndependence Boulevard.
(DISTRICT 4-BAYSIDE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of SENTARA HOSPITALS AND MPB,
INC., for a Chan e of ZoninQ District Classi acation from A-12 Apartment
District and R-15 Residential District to Conditional 0-2 Office District
re offices and medical facilities at 800 and 816 Independence Boulevard.
(GPINs1478548255 and 1478536832) DISTRICT 4-BAYSIDE
An Agreement encompassing proffeYS shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Eighth day ofMay, Two
Thousand Twelve
Voting: 11-0 (By Consent)
Council Members Voting Aye.
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.
None
Council Members Absent:
None
May 8, 2012
-44-
Item -V-J.6
PLANNING
ITEM #61868
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of the CITY OF VIRGINIA BEACH, for a
Street Closure re a portion of the right-of-way of Holly Road at the intersection of Laskin
Road(DISTRICT 6 BEACH)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of the CITY OF VIRGINIA BEACH, for a Street
Closure re a portion of the right-of-way of Holly Road at the intersection of
Laskin Road DISTRICT 6 BEACH
The following conditions shall be required:
The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the
City shall be determined according to the "Policy Regarding Purchase
of City's Interest in Streets Pursuant to Street Closures, " approved by
City Council. Copies of the policy are available in the Planning
Department. No purchase price shall be charged in this street closure
because the City is both the owner of the underlying fee and the
applicant seeking this street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels. The Plat must
be submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no pYivate utilities exist within the right-
of-way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-
way proposed for closure. If private utilities do exist, easements
satisfactory to the utiliry company must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If
the conditions noted above are not accomplished and the final plat is not
approved within one (1) year of the City Council vote to close the right-
of-way this approval shall be considered null and void.
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of May, Two
Thousand Twelve.
May 8, 2012
Item -V-J.6
PLANNING
Voting: I1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R
Dyer, Barbara M. Henley,
Mayor William D. Sessoms
James L. Wood
Council Members Yoting Nay:
None
Council Members Absent:
None
-45-
ITEM #61868(Continued)
"Bill " DeSteph, Harry E. Diezel, Robert M.
Vice Mayor Louis R. Jones, John D. Moss,
Jr., John E. Uhrin, Rosemary Wilson and
May 8, 2012
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ORDINANCE APPROVING APPLICATION OF THE
CITY OF VIRGINIA BEACH FOR THE CLOSURE OF
AN UNIMPROVED PORTION OF HOLLY ROAD
DISTRICT 6 - BEACH
WHEREAS, the City of Virginia Beach (the "City") acquired certain
property now comprising a portion of Holly Road in the City of Virginia Beach for right-
of-way purposes from Vintage Investment Corporation on April 14, 1994; and
WHEREAS, a portion of this right-of-way property (the Right-of-Way
Property"), described below, has remained unimproved and is no longer needed by the
City for right-of-way or other purposes; and
WHEREAS, the City applied to the Council of the City of Virginia Beach,
Virginia, to have the Right-of-Way Property discontinued, closed, and vacated; and
WHEREAS, the Right-Way-Property is located adjacent to the property
known as 408 Laskin Road (GPIN 2418-92-6002) owned by Yardarm Holdings, LLC
("Yardarm"); and
WHEREAS, the City needs to acquire additional right-of-way for the
Laskin Road Gateway Project Phase 1A (CIP 2-143) from property located to the north
of the Right-of-Way Property and identified as GPIN 2418-92-5169, which is also owned
by Yardarm; and
WHEREAS, the City and Yardarm have entered into an Exchange
Agreement dated April 11, 2012 (the "Exchange Agreement") in accordance with the
Summary of Terms attached hereto as Exhibit "A" for the City's acquisition of right-of-
way from Yardarm (GPIN 2418-82-5169) in exchange for the Right-of-Way Property,
subject to the approval of the Council of the City of Virginia Beach; and
WHEREAS, it is the judgment of the Council that the Right-of-Way
Property be discontinued, closed, and vacated, subject to certain conditions having
been met on or before one (1) year from City Council's adoption of this Ordinance, and
conveyed to Yardarm as part of a land exchange in accordance with the Exchange
Agreement.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia:
GPIN: City right-of-way no GPIN assigned
Adjacent to 2418-92-6002
1
45
46 SECTION I
47
48 That the hereinafter described Right-of-Way Property be discontinued,
49 closed and vacated, subject to certain conditions being met on or before one (1) year
50 from City Council's adoption of this ordinance:
51
52 All that certain piece or parcel of land situate, lying and being
53 in the City of Virginia Beach, Virginia, designated and
54 described as "Hatched Area of R/W To Be Vacated
55 Containing 2,511 Sq. Ft. Or 0.058 Acres" on the "Exhibit
56 Showing a Closure of a Portion of Holly Road", a copy of
57 which is attached hereto as Exhibit B.
58
59
60 SECTION II
61
62 The following conditions must be met on or before one (1) year from City
63 Council's adoption of this ordinance:
64
65 1. The City Attorney's Office will make the final determination regarding
66 ownership of the underlying fee. The purchase price to be paid to the City is normally
67 determined according to the "Policy Regarding Purchase of City's Interest in Streets
68 Pursuant to Street Closures," approved by City Council. Copies of said policy are
69 available in the Planning Department. No purchase price shall be charged to the City in
70 this street closure, however, because the City is both the owner of the underlying fee
71 and the Applicant seeking this street closure.
72
73 2. The City shall re-subdivide the property and vacate internal lot lines to
74 incorporate the closed area into the adjoining parcel, known as 408 Laskin Road GPIN
75 2418-92-6002. The plat must be submitted and approved for recordation prior to final
76 street closure approval.
77
78 3. The City shall verify that no private utilities or existing public
79 improvements exist within the right-of-way proposed for closure. Preliminary comments
80 from the utility companies indicate that there are no private utilities within the right-of-
81 way proposed for closure. If private utilities or public improvements do exist, easements
82 satisfactory to the utility company and the City must be provided.
83
84 4. Closure of the right-of-way shall be contingent upon compliance with
85 the above stated conditions within one (1) year of approval by City Council. If all
86 conditions noted above are not in compliance and the final plat is not approved within
87 one (1) year of the City Council vote to close the street, this approval will be considered
88 null and void.
2
89
90 5. The City shall not record the resubdivision plat unless and until the City
91 and Yardarm have executed the Exchange Agreement for the property interests needed
92 from Yardarm and the City and Yardarm are ready, willing and able to close on the
93 transaction.
94
95
96 SECTION III
97
98 1. If the preceding conditions are not fulfilled on or before May 9, 2013,
99 this Ordinance will be deemed null and void without further action by the City Council.
100
101 2. If all conditions are met on or before May 9, 2013, the date of final
102 closure is the date the street closure ordinance is recorded by the City Attorney.
103
104 3. The City Manager or his designee is authorized to execute whatever
105 documents are necessary to convey the City's interest in the underlying fee to Yardarm
106 in accordance with the Exchange Agreement, provided said documents are approved
107 by the City Attorney's Office.
108
109 SECTION IV
110
111 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
112 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
113 OF VIRGINIA BEACH as "Grantor" and "Grantee."
114
115 Adopted by the Council of the City of Virginia Beach, Virginia, on this
116 8th day of May , 2012.
CA11952
R-1
April 20, 2012
APPR VED AS T CONTENT:
Planning D partment
APPROVED AS TO CONTENT:
tfrl-c-Works/Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY:
LW104 1?1ht4V-11V
City Attorney
3
EXHIBIT A
SUMMARY OF TERMS
EXCHANGE OF 2,511 SQ. FT. (0.058 ACRE) RIGHT-OF-WAY TO BE VACATED
FOR 1,777 SQ. FT. (0.041 ACRE) OF PROPERTY OWNED BY YARDARM
HOLDINGS, LLC NEEDED FOR RIGHT-OF-WAY FOR THE LASKIN ROAD
GATEWAY PROJECT
PARTIES: City of Virginia Beach ("City")
Yardarm Holdings, LLC, a Virginia limited liability company
("Yardarm")
PUBLIC RIGHT OF WAY
TO BE VACATED AND
CONVEYED: 2,511 Sq. Ft. (0.058 Acre) of Right-of-Way located at the
intersection of Holly Road and Laskin Road, adjacent to 408
Holly Road ("Right-of-Way to Be
Vacated")
Estimated value of Right-of-Way to Be Vacated and
conveyed to Yardarm: $200,880 ($80/s.f.)
PROPERTY TO BE
ACQUIRED BY CITY
FOR ROAD PROJECT: 1,777 Sq. Ft. (0.041 Acre) portion ("Yardarm
Property") of lot owned by Yardarm Holdings, LLC (GPIN
2418-92-5169)
Appraised value of Yardarm Property to be conveyed to be
conveyed to City: $106,620 ($60/s.f.)
Estimated value = $142,160 ($80/s.f.)
CONDITIONS OF SALE
A resubdivision plat prepared by the City vacating the portion of Right-of-Way
to Be Vacated will be recorded immediately prior to closing.
At closing Yardarm will transfer the Yardarm Property to the City, free and clear
of all liens and encumbrances, and the City will transfer the Right-of-Way to be
Vacated to Yardarm, subject to all conditions of the Street Closure imposed by
City Council.
Yardarm will accept the Right-of-way to Be Vacated as total just compensation
for the Yardarm Property and damages to the residue, if any.
This exchange is subject to approval of City Council vacating the Right-of Way
to be Vacated. If Council does not authorize the vacation of the right-of way
and conveyance to Yardarm, then the City may acquire the Yardarm Property
by a cash payment of $142,160 or through the exercise of condemnation
proceedings.
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-46-
ITEM V-K.
APPOINTMENTS ITEM #6I869
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
COMMUNITY SERVICES BOARD
TOWING ADVISORY BOARD
May 8, 2012
-47-
Item -V-K
APPOINTMENTS ITEM #6I870
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED/APPOINTED:
Carolyn S. Garrett
Martha McClees
4-Year term 7/1/12-6/30/16
ARTS and HUMANITIES COMMISSION
Tjoting.• 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 8, 2012
-48-
Item -V-K
APPOINTMENTS ITEM #61871
Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED:
James M. Arnhold
Scott Ayers
Norynan Carrick
Charles Faison, Jr.
Charles R. Malbon, Jr.
David S. Redmond
Stacey Patrick
3-Year term 7/1/12-6/30/1 S
BAYFRONT ADVISORY COMISSION
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 8, 2012
-49-
Item -V-K
APPOINTMENTS ITEM #61872
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Thomas Holland
Unexpired term thru 12131114
BOARD OF ZONING APPEALS
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 8, 2012
-50-
Item -V-K
APPOINTMENTS ITEM #61873
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Harry E. Diezel
Louis R. Jones
John E. Uhrin
2 year ter`n 71I112 - 6130114
HAMPTON ROADS PLANNING DISTRICT COMMISSION
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R"Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Yoting Nay:
None
Council Members Absent:
None
May 8, 2012
-51-
Item -V-K
APPOINTMENTS ITEM #61874
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Carla Bailey
Linda M. Bright
Amma A.N. Guerrier
Byron D. Williams
2 year term 611112 - 5131114
MINORITYBUSINESS COUNCIL
Tjoting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 8, 2012
-52-
Item -V-K
APPOINTMENTS ITEM #61875
Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED:
Robert M. Beardsworth
Martha McClees
4 year term 711112 - 6130116
SOCIAL SERVICES BOARD
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 8, 2012
-53-
Item -V-K
APPOINTMENTS ITEM #6I876
Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED:
John E. Uhrin
James L. Wood
2 year term 711112 - 6130114
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS
Voting: I1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 8, 2012
-54-
Item -V-O
ADJOURNMENT ITEM #61877
Mayor William D. Sessoms DECLARED the Ciry Council Meeting ADJOURNED at 8: 07 P.M.
Amanda Finley-Barnes, CMC
Deputy City Clerk
R h Hodges Fraser, MMC
ity Clerk
City of Virginia Beach
Virginia
tfVi'lliam D. Sessoms, Jr.
Mayor
May 8, 2012
-55-
PUBLIC DIALOGUE
Chi•istine Ross, 5557 New Colony Drive. Ms. Ross stated she was a former resident of Mayfair Mews
ApnYtment Complex. She was saddened, but not surprised, by the recent jet crash. While residing in the
complex, the Navy Jets would fly just a few yards above the roof of her rented apartment. While this is a
tragic event which just happened, there is an ongoing tragedy that is being ignored by the City and news
media. One out of six Americans have died due to abortion which is causing significant economic, social
and religious changes. The death toll of the abortion mills in our community is over 100 babies a week.
Will Calano, 1728 Baltic Avenue. His condo is located right next to the TLC Canvash. Mr. Calano has
requested help from lots of different agencies, Police Department, Planning, etc. The Carwash was there
when he moved into his condo. The Carwash installed a blower that is literally 35 feet from his front
door and goes off SO to 100 times a day. Mr. Calano is requesting some action regarding this noise issue.
Jimmy Frost, 2240 Winden Place. Mr. Frost cofnplemented the Ciry for their work with the plane crash.
His stepson got with the Police and is currently housed at the Norfolk City Jail and he uses Light Rail to
visit his stepson. A lot has changed in nine (9) years. Mr. Frost talks to people on the train, talks to
people about the train and they really like it. Put the Referendum before the voters. Everyone knows it is
going to be expensive.
The Public Dialogue re Non-Agenda Items concluded at 8:17 P.M.
May 8, 2012