MAY 14, 2013 MINUTESCITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
GLENN R. DAVIS, Rose Hall - District 3
WILLIAM R. DeSTEPH, At -Large
ROBERT M. DYER, Centerville - District 1
BARBARA M. HENLEY, Princess Anne - District 7
JOHN D.MOSS, At -Large
AMELIA ROSS-HAMMOND, Kempsville - District 2
JOHN E. UHRIN, Beach District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lvnn&aven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY- MARK D. STILES
CITY ASSESSOR - JERALD D. BANAGAN
CITY AUDITOR - L YNDON S. REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
14 May 2013
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Crycncl@vbgov.com
I. CITY COUNCIL LIAISON REPORTS
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION
A.
B.
C.
- Conference Room -
- Conference Room -
CALL TO ORDER — Mayor William D. Sessoms, Jr.
ROLL CALL COUNCIL
RECESS TO CLOSED SESSION
5:00 PM
5:30 PM
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend J. Scottie Griffin
Pastor, Lynnhaven Presbyterian Church
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. SPECIAL FORMAL SESSION and PUBLIC HEARING
2. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. BID OPENING
1. SIGNAGE for Business to be located at 2101 Princess Anne Road
I. PUBLIC HEARINGS
April 18, 2013
April 23, 2013
1. LEASES OF CITY -OWNED PROPERTY
a. Signage for Business to be located at 2101 Princess Anne Road
b. Development and operation of a Camp for Special Needs Children and Disabled Veterans
J. ORDINANCES
1. Resolution to DESIGNATE June 12th, annually, as PHILIPPINE INDEPENDENCE DAY in
the City of Virginia Beach. (Requested by Councilman Glenn Davis and Delegate Ron Villanueva)
2. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned right-of-way
for THOMAS A. and CYNTHIA A. POTTER D/B/A JAPANESE AUTO MASTERS re new
fencing at 3024 Holland Road (DISTRICT 7 — PRINCESS ANNE)
3. Ordinance to AUTHORIZE acquisition of approximately five (5) acres of property at 2396 Court
Plaza Drive, adjacent to West Neck Creek Natural Area, for $6,000 and ACCEPT a portion of the
area as a DONATION from Princess Anne Executive Park, LLC
4. Resolution to AUTHORIZE the City Manager to ACCEPT the DONATION of Artwork from A
Dolphin's Promise and DIRECT Staff to install on City property at Sandbridge and Sandpiper
Roads
5. Ordinances to APPROPRIATE:
a. $4,771 from the Wetlands Civil Penalties program re a Floating Island Wetland Demonstration
Project
b. $600,000 from the Housing Choice Voucher Program to Housing and Neighborhood
Preservation and INCREASE the appropriation for the Portability Program to $841,828 re
rental subsidies
K. PUBLIC HEARING (BUDGET)
1. FY 2013-14 RESOURCE MANAGEMENT PLAN and proposed increase to the SOLID
WASTE MANAGEMENT FEE and PLANNING APPLICATIONS
L. ORDINANCES: FY 2013-14 RESOURCE MANAGEMENT PLAN
SUBPART 1: Ordinances that support the Operating Budget:
1. APPROPRIATE $1,780,373,064 for the Fiscal Year beginning July 1, 2013, and ending June 30,
2014, for Operations
2. ESTABLISH the Tax Levy on Real Estate for Fiscal Year 2014
3. ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year
2014
4. AUTHORIZE the City Manager to Submit an Annual Funding Plan to the U.S. Department of
Housing and Urban Development
5. APPROPRIATE $236,384 and DECLARE $7,350,000 of funding within the Sandbridge Tax
Increment Financing District as Surplus Funds in the FY 2012-13 Operating Budget
6. INCREASE the Solid Waste Management Fee to be charged by the City of Virginia Beach for the
services of Solid Waste collection, management and disposal of solid waste and other refuse
7. AMEND City Code Section 35-207 INCREASING the Cigarette Tax
8. AMEND Section 2-246 and 2-247 of the City Code for Department Name Alteration (Budget and
Management Services)
9. Resolution to DIRECT the City Manager to recoup certain expenses re Special Events
10. AMEND Section 35-159 of the City Code pertaining to the Lodging Tax by extending its
"Sunset" provisions and DECREASE the Sandbridge Special Service District Lodging Tax
11. AMEND Section 35-280 of the City Code re License Requirement Fees
12. Resolution providing Certification to the Virginia Retirement System re Member Contributions
by Salary reduction
13. AMEND Section 2-72 of the City Code re elimination of compensation for the Personnel Board
14. AMEND Section 2-452.1 of the City Code re elimination of compensation for the Chesapeake
Bay Area Preservation Board
SUBPART 2: Ordinances to support the Capital Budget:
1. ADOPT the FY 2014/FY 2019 Capital Improvement Program and APPROPRIATE
$274,950,286 for the FY 2014 Capital Budget subject to funds being provided from various
sources set forth therein
2. AUTHORIZE Issuance of General Obligation Public Improvement Bonds of the City of Virginia
Beach, Virginia, in the maximum amount of $68,120,000 for Various Public Facilities and
General Improvements
3. AUTHORIZE the Issuance of Water and Sewer System Revenue Bonds of the City of Virginia
Beach, Virginia, in the maximum amount of $27,000,000
4. AUTHORIZE the Issuance of Storm Water Utility System Revenue Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of $12,500,000
SUBPART 3: Planning Ordinances that support the Operating Budget:
1. Applications of the CITY OF VIRGINIA BEACH (Budget) to AMEND the City Zoning
Ordinance (CZO):
RECOMMENDATION FOR ALL: APPROVAL
a. Section 106 re fee for an appeal to the Board of Zoning Appeals
b. Sections 107 and 108 re fees for a petition to amend, supplement or change the District
boundaries or classification of property and the fee for public notice signs
c. Section 221 re the fees for a Conditional Use Permit
d. Section 105 re application fee for enlargement, extension, or conversion of a Nonconforming
Use
e. Section 1403(c) re fee for an application to the Wetlands Board
f. Section 1603 re fee for an application to the Wetlands Board involving Coastal Primary
Sand Dunes
2. AMEND Section 8.3 re fee for a Subdivision Ordinance Variance
3. AMEND Section 8-31 of the City Code Pertaining to the Addition of Review Fees for
Residential Building Plans, Commercial Building Plans and Fire Plans
4. AMEND Section 8-33 of the City Code Pertaining to the Fee for five (5) year Inspections of
Elevators
5. Section 33-111.2 of the City Code re fees required for the Vacation of public ways
6. AMEND Section 110 of the Chesapeake Bay Preservation Area Ordinance re fee for an
application for a Variance to the Chesapeake Bay Preservation Area Board
Option 1: Planning Commission's Recommendation
Option 2: City Manager's Recommendation
M. PLANNING
Approve $350
Approve $300
+ Applicant Pays for Advertising
1. Application of SCOTT ROBERTS/ROBERTS FAMILY LTD PARTNERSHIP for an
Alteration to a Non -Conforming Use to construct a one (1) bedroom garage apartment in the
rear of 1306 Baltic Avenue
DISTRICT 6 — BEACH
RECOMMENDATION: APPROVAL
2. Application of MILLER INVESTMENT, LLC for Modification of Proffers Nos. 1, 2 and 7 of a
Conditional Change of Zoning, approved by City Council on March 25, 1997, re ADDING a
drive-through window and stacking lane at 1817 London Bridge Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION: APPROVAL
3. Application of MARRILYN DAVIS for Modification of Condition No.1 of a Use Permit for
Child Day Care, approved on August 10, 2004, to increase the maximum number of children
from 10 to 12 at 1432 Glenwood Links Lane
DISTRICT 1 — CENTERVILLE
RECOMMENDATION: APPROVAL
4. Application of C and C DEVELOPMENT CO., INC/ATRIA PROPERTIES, LLC for a
Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based
Code to construct five detached single family homes at 429 20th Street
DISTRICT 6 - BEACH
RECOMMENDATION: APPROVAL
5. Application of CHALICE CHRISTIAN CHURCH for a Conditional Use Permit to construct
an addition to the existing Church and renovate the building exterior at 5612 Haden Road
DISTRICT 4 - BAYSIDE
RECOMMENDATION: APPROVAL
6. Application of HOLLOMON BROWN FUNERAL HOME, INC. and TIDEWATER
CEMETERY CORP., for a Conditional Change of Zoning from AG -2 Agricultural District to
0-2 Office District for a funeral home at 3445 Princess Anne Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION: APPROVAL
7. Application of SILVER HILL AT THALIA, LLC/JULIA M. STAYLOR for a Conditional
Change of Zoning from R-7.5 Residential District to Conditional A-12 Apartment District, to
develop an adult independent -living community comprised of 10 multi -family dwelling units
at 4355 Bonney Road
DISTRICT 5 — LYNNHAVEN
RECOMMENDATION: APPROVAL
8. Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance
(CZO) re Section 1001 Establishing repair of Boats and Vessels as a Conditional Use in the I-1
Industrial District
RECOMMENDATION: APPROVAL
N. APPOINTMENTS
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
MINORITY BUSINESS COUNCIL
OLD BEACH DESIGN REVIEW COMMITTEE
SOCIAL SERVICES BOARD
O. UNFINISHED BUSINESS
P. NEW BUSINESS
Q. ADJOURNMENT
*****************************
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
********************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*******************************
2013 CITY HOLIDAYS
Memorial Day - Monday, :11(t3' 27
Independence Day - Thursday, july 4
Labor Day - Monday, September 2
-Veterans Day - Monday, November 11
Thanksgiving Day & Day after Thanksgiving - Thursday,
November 28 & Friday, :November 29
Christmas Eve (half-day) - Tuesday, December 24
Christmas Day - tVednesday, December 25
5/14/13 st
-1 -
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 14, 2013
Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council
Conference Room, Tuesday, May 14, 2013, at 5:00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer , Barbara
M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood.
Council Members Absent:
None
May 14, 2013
-2 -
CITY COUNCIL LIAISON REPORTS
5:00 P.M.
ITEM #62766
Councilman Dyer advised that he, along with Councilman Davis, attended the recent Human Rights
Commission meeting and one of the main topics was the recent violence at the Oceanfront. The members
of the Commission provided some suggestions for consideration; however, overall the group gave kudos
to the City and the Police Department for their response and professionalism in handling the situation.
ITEM #62767
Council Lady Henley advised the Transition Area/ITA Traffic Area Citizens Advisory Committee has met
twice. The Committee has received very informative Briefings from Staff. Council Lady Henley stated
this group is very interested and she thinks they will be able to provide a great deal of assistance to the
City.
Also, Council Lady Henley attended the meeting for the recently reappointed Green Ribbon Committee.
The meetings are held the 4th Thursday of each month at 3:00 P.M. and, unfortunately, she also holds her
District Meeting that same day at 5:00 P.M. The Committee received a Briefing re TMDL's that was very
informative and she would like for the same Briefing to be presented to City Council.
ITEM #62768
Council Lady Ross -Hammond recently met with her Fairfield Group. Also, she attended the Social
Services Foster Care Youth Talent Show and was impressed with the talent amongst these young people.
Council Lady Ross -Hammond briefly met with the Towing Advisory Board and they are beginning
discussions for possible fee increases.
May 14, 2013
-3-
CITY COUNCIL COMMENTS
5:05 P.M.
ITEM #62769
Council Lady Wilson recently moved to a Condo right on the Boardwalk and is truly "Living the Life".
She acknowledged the hard working City Staff that is out every morning preparing the Beach. She
observes a lot of families and people having a good time and is truly enjoying seeing the Beach up close
and personal.
ITEM #62770
Councilman Moss requested City Council receive a Brief regarding the population projections.
Also, Councilman Moss would like for Staff to bring back ideas to City Council for flood control versus
stormwater management.
ITEM #62771
Mayor Sessoms attended a news conference today for the opening of the new Cirquesa Dreamquest at the
Oceanfront and was very impressed with the talent. He is really excited about this type of entertainment
corning to the Oceanfront and hopes it will be a huge success.
Councilman Uhrin also attended the news conference and expressed his appreciation to City Staff for
their expeditious work to get this project up and moving for the opening date. The City was approached
in February and without the hard work and dedication of the City Staff this project would have not
opened this quickly.
May 14, 2013
-4 -
AGENDA REVIEW SESSION
5:09 P.M.
ITEM #62772
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Resolution to DESIGNATE June 12`'', annually, as PHILIPPINE INDEPENDENCE
DAY in the City of Virginia Beach. (Requested by Councilman Glenn Davis and Delegate
Ron Villanueva)
2. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned right-
of-way for THOMAS A. and CYNTHIA A. POTTER D/B/A JAPANESE AUTO
MASTERS re new fencing at 3024 Holland Road (DISTRICT 7 — PRINCESS ANNE)
3. Ordinance to AUTHORIZE acquisition of approximately five (5) acres of property at 2396
Court Plaza Drive, adjacent to West Neck Creek Natural Area, for $6, 000 and ACCEPT a
portion of the area as a DONATION from Princess Anne Executive Park, LLC
4. Resolution to AUTHORIZE the City Manager to ACCEPT the DONATION of Artwork
from A Dolphin 's Promise and DIRECT Staff to install on City property at Sandbridge and
Sandpiper Roads
5. Ordinances to APPROPRIATE:
a. $4,771 from the Wetlands Civil Penalties program re a Floating Island Wetland
Demonstration Project
b. $600,000 from the Housing Choice Voucher Program to Housing and Neighborhood
Preservation and INCREASE the appropriation for the Portability Program to
$841,828 re rental subsidies
K. FY 2013-14 RESOURCE MANAGEMENT PLAN and proposed increase to the SOLID
WASTE MANAGEMENT FEE and PLANNING APPLICATIONS
L. ORDINANCES: FY 2013-14 RESOURCE MANAGEMENT PLAN
SUBPART 1: Ordinances that support the Operating Budget:
1. APPROPRIATE $1,780,373,064 for the Fiscal Year beginning July 1, 2013, and ending
June 30, 2014, for Operations
2. ESTABLISH the Tax Levy on Real Estate for Fiscal Year 2014
3. ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for the
Calendar Year 2014
4. AUTHORIZE the City Manager to Submit an Annual Funding Plan to the U.S.
Department of Housing and Urban Development
5. APPROPRIATE $236,384 and DECLARE $7,350,000 of funding within the Sandbridge
Tax Increment Financing District as Surplus Funds in the FY 2012-13 Operating Budget
May 14, 2013
-5 -
AGENDA REVIEW SESSION
ITEM #62772(Continued)
6. INCREASE the Solid Waste Management Fee to be charged by the City of Virginia Beach
for the services of Solid Waste collection, management and disposal of solid waste and
other refuse
7. AMEND City Code Section 35-207 INCREASING the Cigarette Tax
8. AMEND Section 2-246 and 2-247 of the City Code for Department Name Alteration
(Budget and Management Services)
9. Resolution to DIRECT the City Manager to recoup certain expenses re Special Events
10. AMEND Section 35-159 of the City Code pertaining to the Lodging Tax by extending its
"Sunset" provisions and DECREASE the Sandbridge Special Service District Lodging Tax
11. AMEND Section 35-280 of the City Code re License Requirement Fees
12. Resolution providing Certification to the Virginia Retirement System re Member
Contributions by Salary reduction
13. AMEND Section 2-72 of the City Code re elimination of compensation for the Personnel
Board
14. AMEND Section 2-452.1 of the City Code re elimination of compensation for the
Chesapeake Bay Area Preservation Board
SUBPART 2: Ordinances to support the Capital Budget:
1. ADOPT the FY 2014/FY 2019 Capital Improvement Program and APPROPRIATE
$274,950,286 for the FY 2014 Capital Budget subject to funds being provided from various
sources set forth therein
2. AUTHORIZE Issuance of General Obligation Public Improvement Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of $68,120,000 for Various Public
Facilities and General Improvements
3. AUTHORIZE the Issuance of Water and Sewer System Revenue Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of $27,000,000
4. AUTHORIZE the Issuance of Storm Water Utility System Revenue Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of $12,500,000
SUBPART 3: Planning Ordinances that support the Operating Budget:
1. Applications of the CITY OF VIRGINIA BEACH (Budget) to AMEND the City Zoning
Ordinance (CZO):
a. Section 106 re fee for an appeal to the Board of Zoning Appeals
b. Sections 107 and 108 re fees for a petition to amend, supplement or change the District
boundaries or classification of property and the fee for public notice signs
May 14, 2013
-6 -
AGENDA REVIEW SESSION
ITEM #62772(Continued)
c. Section 221 re the fees for a Conditional Use Permit
d. Section 105 re application fee for enlargement, extension, or conversion of a
Nonconforming Use
e. Section 1403(c) re fee for an application to the Wetlands Board
f Section 1603 re fee for an application to the Wetlands Board involving Coastal Primary
Sand Dunes
2. AMEND Section 8.3 re fee for a Subdivision Ordinance Variance
3. AMEND Section 8-31 of the City Code Pertaining to the Addition of Review Fees for
Residential Building Plans, Commercial Building Plans and Fire Plans
4. AMEND Section 8-33 of the City Code Pertaining to the Fee for five (5) year Inspections
of Elevators
5. Section 33-111.2 of the City Code re fees required for the Vacation of public ways
6. AMEND Section 110 of the Chesapeake Bay Preservation Area Ordinance re fee for an
application for a Variance to the Chesapeake Bay Preservation Area Board
Option 2: City Manager's Recommendation
Approve $300
+ Applicant Pays for
Advertising
ITEM L.ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
SUBPART 1; SUBPART 2; and SUBPART 3 SHALL BE CONSIDERED SEPARATELY
May 14, 2013
-7 -
AGENDA REVIEW SESSION
ITEM #62772(Continued)
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
M. PLANNING
1. Application of SCOTT ROBERTS/ROBERTS FAMILY LTD PARTNERSHIP for an
Alteration to a Non -Conforming Use to ADD a second floor to a single family residence
at 1306 Baltic Avenue DISTRICT 6 — BEACH
2. Application of MILLER INVESTMENT, LLC for Modification of Proffers Nos. 1, 2 and
7 of a Conditional Change of Zoning, approved by City Council on March 25, 1997, re
ADDING a drive-through window and stacking lane at 1817 London Bridge Road
DISTRICT 7 - PRINCESS ANNE
3. Application of MARRILYN DAVIS for Modification of Condition No.1 of a Use Permit
for Child Day Care, approved on August 10, 2004, to increase the maximum number of
children from 10 to 12 at 1432 Glenwood Links Lane DISTRICT 1— CENTERVILLE
4. Application of C and C DEVELOPMENT CO., INC/ATRIA PROPERTIES, LLC for a
Special Exception for Alternative Compliance to the Oceanfront Resort District Form -
Based Code to construct five detached single family homes at 429 20th Street
DISTRICT 6 - BEACH
5. Application of CHALICE CHRISTIAN CHURCH for a Conditional Use Permit to
construct an addition to the existing Church and renovate the building exterior at 5612
Haden Road DISTRICT 4 - BAYSIDE
7. Application of SILVER HILL AT THALIA, LLC/JULIA M. STAYLOR for a
Conditional Change of Zoning from R-7.5 Residential District to Conditional A-12
Apartment District, to develop an adult independent -living community comprised of 10
multi family dwelling units at 4355 Bonney Road DISTRICT 5 — LYNNHAVEN
8. Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance
(CZO) re Section 1001 Establishing repair of Boats and Vessels as a Conditional Use in
the I-1 Industrial District
Item #6 shall be considered separately
May 14, 2013
-8-
ITEM#62773
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 specific public officers, appointees or employees pursuant to Section
2.2-3711(A) (1)
Council Appointments: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture 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 2.2-3711(A)(7).
City of Virginia Beach v. Lynnhaven Dunes Condominium Association, Inc.
City of Virginia Beach v. Tracy M. Gugal-Okroy
May 14, 2013
-9 -
ITEM# 62 773 (Continued)
Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION at 5:12 P.M.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session
5:11 P.M. - 5:48 P.M.)
May 14, 2013
-10 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
MAY 14, 2013
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 14, 2013, at 6:00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Reverend J. Scottie Griffin
Pastor, Lynnhaven Presbyterian Church
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 City 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 a matter 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
March 24, 2009, is hereby made a part of the record.
May 14, 2013
-11 -
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
appropriate 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 practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identing 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 City 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 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 City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
May 14, 2013
Item -V-E
CERTIFICATION
-12-
ITEM #62774
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from 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, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
RESOLUTION
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 #62773 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 Virginia requires a certification 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.
Hodges Fraser, MMC
City Clerk May 14, 2013
Item-V-F.land 2
MINUTES
-13-
ITEM #62775
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the SPECIAL FORMAL SESSION and PUBLIC HEARING of April 18, 2013, and the
INFORMAL and FORMAL SESSIONS of April 23, 2013.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
-14-
ADOPT AGENDA
FOR FORMAL SESSION ITEM #62776
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 14, 2013
Item -V-H.1
BID OPENING
-15-
ITEM #62777
Mayor Sessoms DECLARED A BID OPENING:
SIGNAGE for Business to be located at 2101 Princess Anne Road
"Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been
received for a proposed lease of a portion of the City property located adjacent to 2101 Princess Anne
Road for the purpose of erecting signage for the business to be located on the parcel.
One bid has been received, as follows:
1. AH Sandbridge, LLC has bid:
30 year lease term with one 10 year option to renew
As consideration for the lease, AH Sandbridge LLC proposes to bear the cost of the
demolition of the City buildings located in the City right-of-way adjacent to 2101
Princess Anne Road
Are there any other persons desiring to submit a bid at this time?
There being no further bids, the bidding is closed.
The staff will evaluate the bid received by AH Sandbridge and make its recommendation to Council at a
future date."
May 14, 2013
-16-
Item -V-Lla
PUBLIC HEARINGS ITEM #62 778
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASES OF CITY -OWNED PROPERTY
Signage for Business to be located at 2101 Princess Anne Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
May 14,2013
-17-
Item -V-Llb
PUBLIC HEARINGS ITEM #62779
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASES OF CITY -OWNED PROPERTY
Development and operation of a Camp for Special Needs Children and
Disabled Veterans (Camp Gromm)
The following individuals registered to speak:
Ross Vierra, 2216 Devore Court, Phone: 470-2068, Chairman Virginia Gentleman's Foundation, spoke
in SUPPORT. Mr. Vierra stated the location is centrally located to many of the City's great amenities
and conforms with the City's Master Plan. A Wetland's Delineation has been conducted and meets the
requirements. The Navy is in full support of this Camp. The Group has met with the surrounding
neighbors and is continuing to do so in an effort to address concerns. This project is a huge step in
enriching the lives of special needs children and disabled Veterans and their families.
Jim Cahoon, 648 Independence Boulevard, Suite 100, Phone: 816-4997, with Bay Environmental spoke
in SUPPORT.
Jason "Jay" Redman, 1001 Laurel Avenue, Phone: 581-1501, Founder and CEO of Wounded Ware,
spoke in SUPPORT. Mr. Redman feels this Camp is a great way to show support and appreciation for
the military. This Camp will provide opportunities to Wounded Warriors to do things with their families
that they may not otherwise be able to. Mr. Redman encourages the City to take this opportunity and
embrace the sacrifice of these brave Americans.
Stacy Gibson, 242 Mustang Trail, Suite 8, Phone: 431-1041, Landscape Designer with WPL, spoke in
SUPPORT. The landscape design incorporates recommendations from the Foundation, City Staff and
surrounding residents. This is a great project and encourages the City to take advantage of this amazing
opportunity.
Karen Jacobs, 1225 Treefern Drive, Phone: 422-0973, spoke in OPPOSITION to the location of this
Camp and requested the Homeowners Association be made aware of any meetings concerning this
project. The Homeowner's Association is only interested in doing what is best for the City.
Teresa Mills, 949 Kela Crescent, Phone: 286-2411, spoke in OPPOSITION to the location and design of
this Camp but not the Camp. She researched the Owls Creek Master Plan and feels that several sites
near Motorworld and Ocean Breeze would be more appropriate. Ms. Mills requested that the
neighborhood be made aware of any meetings regarding this project.
Renee Bradshaw, 1088 Tree Fern Drive, Phone: 377-3045, President of Birdneck Lake Home Owner's
Association, requested City Council reconsider the authorization to begin the request for bids on this
property. The major concern is how this will impact the 85 acres of growing Wetlands, which is
approximately 75% of the property. This development will also impact the neighborhood lake. The
neighborhood arranged and met with the Virginia Gentleman's Foundation. The Birdneck Lake Home
Owner's Association has requested the Army Corps of Engineer's and/or DEQ to become involved and
would like this incorporated into the Lease.
May 14, 2013
-18 -
Item -V-L1b
PUBLIC HEARINGS ITEM #62779(Continued)
Scott Whitlow, 961 Kela Crescent, Phone: 650-3195, expressed concerns regarding the proposed
development and design plans for the manmade lake. Mr. Whitlow does not want to see the manmade
lake adversely affect the property values on Birdneck Lake. Mr. Whitlow requested a Hydrology Study be
conducted and the City take a look at noise and lighting issues.
James Cadle, 1160 Birdneck Lake Drive, Phone: 536-4307 moved to the City in 1988 and enjoys living in
the largest City in the State but feels like they are in the country when looking out his back door. The
Real Estate Agent advised him and his wife that the property where the proposed park will be located
could never be developed because it was City owned property and is all Wetlands.
There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
May 14, 2013
-19 -
Item —V -J
ORDINANCES/RESOLUTIONS ITEM #62780
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE
MOTION, BY CONSENT, Items 1, 2, 3, 4 and 5(a/b) of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
-20 -
Item -V-J.1
ORDINANCES/RESOLUTIONS ITEM #62781
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to DESIGNATE June 12`x', annually, as PHILIPPINE INDEPENDENCE DAY in
the City of Virginia Beach. (Requested by Councilman Glenn Davis and Delegate Ron Villanueva)
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
REQUESTED BY CITY COUNCIL
1 A RESOLUTION DESIGNATING JUNE 12TH AS
2 PHILIPPINE INDEPENDENCE DAY
3
4 WHEREAS, the Philippine Independence Day is a celebration of the Filipino -
5 American Community in America, and its main purpose is to create awareness of
6 Philippine culture, raise funds for charity projects in the United States and the
7 Philippines, and provide an opportunity for Filipino Americans to rekindle and share their
8 rich culture and heritage with their fellow citizens; and
9
10 WHEREAS, the Philippine Declaration of Independence occurred on June 12,
11 1898, when Filipino revolutionary forces proclaimed sovereignty and independence for
12 the Philippine Islands from the colonial rule of Spain after the latter was defeated in the
13 Spanish-American War; and the Spanish government ceded the Philippines to the
14 United States in the 1898 Treaty of Paris; and
15
16 WHEREAS, the Filipino -American community is the second largest Asian -
17 American group and the largest Southeast Asian American group in the United States;
18 and
19
20 WHEREAS, as of the 2010 Census, the Filipino -American population in the
21 United States numbered approximately 3.4 million, with more than 90,000 residing in
22 Virginia, and more than half of the community is either naturalized or American -born,
23 while the remainder are Filipino nationals or dual citizens of both the Philippines and the
24 United States; and
25
26 WHEREAS, Filipinos have shown their caring nature especially in their
27 gravitation to professions in the health care industry, as well as their commitment and
28 hard work in careers in public service and public school systems throughout the City,
29 the Commonwealth, and the nation; and
30
31 WHEREAS, new arrivals of Filipinos provide services and expertise in health
32 care, education, information technology, and countless other industries, accounting for
33 Filipino Americans having some of the highest educational attainment rates in the
34 United States with 47.9 percent of all Filipino Americans over the age of 25 having a
35 bachelor's degree; and
36
37 WHEREAS, approximately 400,000 Filipino Americans joined the United. States
38 Armed Forces and fought with valor in World War II, and a significant number of those
39 veterans settled in what is now the City of Virginia Beach;
40
41 WHEREAS, the patriotism of Filipino Americans has never wavered, as
42 demonstrated by their continuous enrollment in the United States Armed Forces and
43 courageous service during the Korean War, the Vietnam War, the Gulf War, and the
44 multiple conflicts that are part of the global war on terror; and the Philippines and the
45 Filipino community have maintained close ties with the United States for over a century,
46 especially as allies in the fight against global terrorism; and
47
48 WHEREAS, in this, the fiftieth year of the City of Virginia Beach, it is fitting to
49 thank and honor the many Filipino Americans who have made numerous invaluable
50 contributions to the prosperity and advancement of our City, and their rich heritage adds
51 to the diverse culture and history of the City, as well as Virginia and the nation;
52
53 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
54 VIRGINIA BEACH, VIRGINIA:
55
56 That the City Council hereby designates June 12th of each year as Philippine
57 Independence Day in Virginia Beach and extends its heartfelt gratitude to the City's
58 Filipino -American community.
59 g Virginia,14th
60 Adopted by the City Council of the City of Virginia Beach, this
61 day of May , 2013.
APPROVED AS TO LEGAL
SUFFICIENCY:
��d/gid
City Attorney's Office
CA12638
R-3
May 7, 2013
-21 -
Item -V-J.2
ORDINANCES/RESOLUTIONS ITEM #62782
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned right-
of-way for THOMAS A. and CYNTHIA A. POTTER D/B/A JAPANESE AUTO MASTERS re new
fencing at 3024 Holland Road (DISTRICT 7 — PRINCESS ANNE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE temporary encroachments into a portion of
City -owned right-of-way for THOMAS A. and CYNTHIA A. POTTER
D/B/A JAPANESE AUTO MASTERS re new fencing at 3024 Holland
Road (DISTRICT 7 — PRINCESS ANNE)
The following conditions shall be required:
1. It is expressly understood and agreed that the Temporary
Encroachments will be constructed and maintained in accordance with
the laws of the Commonwealth of Virginia and the City of Virginia Beach
and in accordance with the City's specifications and approval
2. Nothing herein shall prohibit the City from immediately removing or
ordering the Grantee to remove all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an
emergency or public necessity and Grantee shall bear all costs and
expenses of such removal.
3. The Temporary Encroachments herein authorized terminates upon notice
by the City to the Grantee and that within thirty (30) days after the notice
is given the Temporary Encroachments must be removed from the
Encroachment Area by the Grantee and that the Grantee will bear all
costs and expenses of such removal.
4. The Grantee shall indemnify, hold harmless and defend the City, its
agents and employees, from and against all claims, damages, losses and
expenses, including reasonable attorney's fees, in case it shall be
necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachments.
5. Nothing herein contained shall be construed to enlarge the permission
and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
6. The Grantee agrees to maintain the Temporary Encroachments so as not
to become unsightly or a hazard.
7. The Grantee must submit and have approved a traffic control plan before
commencing work in the Encroachment Area.
May 14, 2013
-22 -
Item -V-J.2
ORDINANCES/RESOLUTIONS ITEM #62782 (Continued)
8. The Grantee agrees that no open cut of the public roadway will be
allowed except under extreme circumstances. Requests for exceptions
must be submitted to the Highway Operations Division, Department of
Public Works, for final approval.
9. The Grantee must obtain a permit from the Civil Inspections Division of
the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit').
10. Prior to issuance of a right-of-way/utility easement Permit, the Grantee
must post a bond or other security, in the amount of two (2) times their
engineer's cost estimate, to the Department of Planning to guard against
damage to City property or facilities during construction.
11. The Grantee must obtain and keep in effect liability insurance with the
City as a named insured in an amount not less than $500,000.00, per
person injured and property damage per incident, combined with the
City listed as an additional insured. The company providing the
insurance must be registered and licensed to provide insurance in the
Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and
liabilities, vested or contingent, with relation to the construction,
location, and/or existence of the Temporary Encroachments.
12. The Temporary Encroachments must conform to the minimum setback
requirements, as established by the City.
13. The Grantee must submit for review and approval a survey of the
Encroachment Area, certified by a registered professional engineer or a
licensed land surveyor, and/or "as built" plans of the Temporary
Encroachments sealed by a Registered Professional Engineer, if
required by either the Department of Public Works City Engineer's
Office or the Engineering Division of the Department of Public Utilities.
14. The City, upon revocation of such authority and permission so granted,
may remove the Temporary Encroachments and charge the cost thereof
to the Grantee and collect the cost in any manner provided by law for the
collection of local or state taxes, may require the Grantee to remove the
Temporary Encroachments, and pending such removal, the City may
charge the Grantee for the use of the Encroachment Area the equivalent
of what would be the real property tax upon the land so occupied if it
were owned by the Grantee and if such removal shall not be made within
the time ordered hereinabove by this Agreement, the City may impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for each
and every day that the Temporary Encroachments are allowed to
continue thereafter and may collect such compensation and penalties in
any manner provided by law for the collection of local or state taxes.
May 14, 2013
-23 -
Item -V-J.2
ORDINANCES/RESOLUTIONS ITEM #62782 (Continued)
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
I
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY
6 PROPERTY KNOWN AS THE CITY OF
7 VIRGINIA BEACH WASTE
8 MANAGEMENT FACILITY LOCATED
9 AT 3024 HOLLAND ROAD, FOR
10 PROPERTY OWNERS THOMAS A.
11 POTTER AND CYNTHIA A. POTTER
12 D/B/A JAPANESE AUTO MASTERS
13
14 WHEREAS, Thomas A. Potter and Cynthia A. Potter, property owners of 3012
15 Holland Road, desire to remove approximately 24' of existing chain link fence and
16 construct and maintain 10.3' — 72" chain link fence and 10.3' — 96" polyvinyl fence both
17 to tie into an existing 72" chain link fence on a portion of City property, a chain link gated
18 entrance with a Knox Box lock, fence posts and 16.4' x 22' heavy duty (asphalt)
19 pavement section for a driveway connection, between the two properties, to allow
20 emergency access to a fire hydrant (F.H.) on City property located at 3024 Holland
21 Road, in the City of Virginia Beach, Virginia; and
22
23 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
24 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
25 City's property subject to such terms and conditions as Council may prescribe.
26
27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Thomas A. Potter and
31 Cynthia A. Potter, their heirs, assigns and successors in title are authorized to construct
32 and maintain temporary encroachments for a 10.3' — 72" chain link fence and 10.3' -
33 96" polyvinyl fence both to tie into an existing 72" chain link fence on a portion of City
34 property, a chain link gated entrance with a Knox Box lock, fence posts, remove
35 approximately 24' of existing chain link fence and install 16.4' x 22' heavy duty (asphalt)
36 pavement section for a driveway connection on a portion of the City's property as shown
37 on the map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" OF 3012
38 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA 23452 FOR JAPANESE AUTO
39 MASTERS" DATE: 02/21/13 REVISED through: 4/09/13 SCALE: 1" = 100', a copy of
40 which is on file in the Department of Public Works and to which reference is made for a
41 more particular description; and
42
43 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
44 subject to those terms, conditions and criteria contained in the Agreement between the
45 City of Virginia Beach and Thomas A. Potter and Cynthia A. Potter (the "Agreement"),
46 which is attached hereto and incorporated by reference; and
47
48 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
49 hereby authorized to execute the Agreement; and
50
51 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
52 time as Thomas A. Potter and Cynthia A. Potter and the City Manager or his authorized
53 designee execute the Agreement.
54
55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day
56 of May , 2013.
CA -12548
R-1
PREPARED: 4/23/13
APPROVED AS TO CONTENTS
114 4 °. ago h
:LIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
RMEYER,
TE CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEYS OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 22nd day of April, 2013, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and THOMAS A. POTTER and CYNTHIA A.
POTTER, husband and wife, (d/b/a JAPANESE AUTO MASTERS) THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Parcel 1", as shown on that certain plat entitled:
"RESUBDIVISION OF PROPERTY PROPERTY OF NORMAN LEE SMITH DB 958
P 673 DB 2161 P 669 AND PARCEL A LOUISE VIRGINIA SMITH WILLIAMS DB 1889
P 525 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA" SCALE 1' = 50' 15
JANUARY 1987 9 MARCH 1987 REV 31 MARCH 1987 — REVISED, prepared by Terry
W. Branch, Land Surveyor, for Gallup Surveyors & Engineers, Ltd., VIRGINIA BEACH,
VIRGINIA," and said plat is recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia in Map Book 2614, at page 1277, and being further
designated, known, and described as 3012 Holland Road, Virginia Beach, Virginia
23453.
GPIN: 1495-24-6290-0000; (CITY PROPERTY - 3024 Holland Road)
1495-23-6603-0000; (3012 Holland Road)
WHEREAS, It is proposed by the Grantee to remove approximately 24' of
existing chain Zink fence and construct and maintain 10.3' — 72" chain link fence to tie to
the existing City 72" chain Zink fence along with a 10.3' — 96" polyvinyl fence tie in, fence
posts and a 16.4' x 22' heavy duty pavement section (asphalt driveway) with a gated
entrance, with a Knox box lock, to allow emergency access to a City fire hydrant (F.H.),
the "Temporary Encroachments", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachments, it is necessary that the Grantee encroach onto a portion of an existing
City property known as 3024 Holland Road (Waste Management Facility), the
"Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachments within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachments.
It is expressly understood and agreed that the Temporary Encroachments
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval, and are more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled:
"ENCROACHMENT EXHIBIT "A" OF 3012 HOLLAND
ROAD VIRGINIA BEACH, VIRGINIA 23452 FOR
JAPANESE AUTO MASTERS," prepared by K. B. PATRICK,
PROFESSIONAL ENGINEER for JOHN E. SIRINE
ASSOCIATES, LTD. SURVEYORS — ENGINEERS —
2
PLANNERS, said exhibit plat consists of four (4) sheets,
copies of which are attached hereto as Exhibit "A", dated
02/21/13 revised 3/21/13 and 4/09/13, SCALE: 1" = 100',"
and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachments herein authorized terminates upon notice by the City to the Grantee,
and that within thirty (30) days after the notice is given, the Temporary Encroachments
must be removed from the Encroachment Area by the Grantee; and that the Grantee
will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments so as not to become unsightly or a hazard.
3
It is further expressly understood and agreed that the Grantee must
submit and have approved a traffic control plan before commencing work in the
Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that
no open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public Works, for final approval.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that prior to issuance of a
right-of-way/utility easement Permit, the Grantee must post a bond or other security, in
the amount of two times their engineer's cost estimate, to the Department of Planning to
guard against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachments.
4
It is further expressly understood and agreed that the Temporary
Encroachments must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachments sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachments are
allowed to continue thereafter, and may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Thomas A. Potter and Cynthia A. Potter, the
said Grantees, have caused this Agreement to be executed by their signatures. Further,
that the City of Virginia Beach has caused this Agreement to be executed in its name
5
and on its behalf by its City Manager and its seal be hereunto affixed and attested by its
City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
6
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2013, by , CITY
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2013, by , CITY
CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, on its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
7
By
Zz la/
Thomas A. Potter, Owner
By �2 �Z4
Cy hia A. Potter, Owner
STATE OF Ur-1' f\```
t_LTECOUNTY OF \i`L-1 i ea , to -wit:
The foregoing instrument was acknowledged before me this 2 Nc day of
, 2013, by Thomas A. Potter.
Notary Registration Number: -1-6'�
My Commission Expires: ki 3° I t• S
Notdry Public
STATE OF Vd c.0
CIT I)COUNTY OF V irei , to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2013, by Cynthia A. Potter.
Notary Registration Number: - ,16"
My Commission Expires: ti '"'
(SEAL)
Notar' Public
8
APPROVED AS TO CONTENTS
\c_Q0-b\k C``
SIGNATURE
DEPARTMENT
9
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
DANA . RMEYER,
AS E CITY ATTORNEY
JOHN E.
ASSOCIATES, LTD.
SURVEYORS • ENGINEERS • PLANNERS
4317 BONNEY ROAD
VIRGINIA BEACH, VIRGINIA 23452
PHONE: (757) 486-4910
FAX: (757) 486-4607
WEBSITE: www.johnsirine.com
1
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(M.B. 214, P. 2)
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AND LORRAINE GODFREY
(D.B. 2284, P. 1742) (D.B. 1093, P. 53)
0 50 100
200
300
PARCEL B 04.1-x
CORRECTED PLAT OF PROPERTY FOR
CLAVEN JUNIOR OWENS AND JOSEPHUS GODFREY
AND LORRAINE GODFREY
(0.5. 2284, P. 1742) (0.5. 1093, P. 53)
GPtN 1495-23-8702
ZONED A0-2
NOW OR FORMERLY
JOSEPHUS GODFREY AND LORRAINE GODFREY
(D.B. 2284, P. 1742)
400 FEET
GRAPHIC SCALE: 1" = 100'
J.O. #84,124
REVISIONS:
2 4/09/13
CITY COMMENTS
1 3/21/13
CITY COMMENTS
NO. DATE
DESCRIPTION
ENCROACHMENT EXHIBIT "A"
OF
3012 HOLLAND ROAD
VIRGINIA BEACH, VIRGINIA 23452
FOR
JAPANESE AUTO MASTERS
SCALE: 1":100'
PROPOSED ENCROACHMENT:
FENCE TO 11E INTO CITY'S FENCE
IN TWO LOCATIONS AND ASPHALT
DRIVEWAY.
SHEET 1 OF 4 DATE: 02/21/13
F.H. rf
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///1
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AREA OF I EI Mf NEN T
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PAD
REMOVE APPROX. 24'— EXIST CHAIN
LINK FENCE AND INSTALL FENCE POSTS
AND CHAIN LINK FENCE GATE!, W/ KNOX
BOX LOCK FOR EMERGENCY ACCESS.
PROPOSED 16.4' x 22'
HEAVY DUTY
PAVEMENT SECTION
AREA OF PERMANENT --- ---
_. ___.__... _ NDUSiRIAL EQUIPTMENTct>arr�.rE
• PROPOSED 10.3'-96" POLYVINYL FENCE._._PAD
TIED TO EXISIT. 72" CHAIN LINK FENCE.
T
ASPHALT
JOHN E.
YARD BASIN
7
ASSOCIATES, LTD.
SURVEYORS • ENGINEERS • PLANNERS
4317 BONNEY ROAD
VIRGINIA BEACH, VIRGINIA 23452
(757) 486-4910
20 40
-4 j N 49'24'00" E
ia`_>P}i..n is
REMOVE TOP 3" OF EXIS.
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DWG. EXPOSED CONCRETE TO
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WASH BASIN
.MAIN IticIEME
576.98' (PLAT) 576.65' (FIELD)
l :St. -7H AI,T
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ONE STORY,
BRI7',K, STUCCO AND
METAL . BUILDING
3012
#
80 120
^~—PROPOSED
1 STORY
BLDG.
ADDITION
3,320 S.F. t-
160 FEET
GRAPHIC SCALE:
PROPOSED ENCROACHMENTS;
10.3'-96" POLYVINYL FENCE TIED
TO EXISIT. 72" CHAIN LINK FENCE
16.4'x22.0' ASPHALT DRIVEWAY
W/GATED ENTRANCE TO ALLOW
EMERGENCY ACCESS TO F.H.
1"=40'
ENCROACHMENT EXHIBIT "A"
OF
3012 HOLLAND ROAD
VIRGINIA BEACH, VIRGINIA 23452
FOR
JAPANESE AUTO MASTERS
SCALE: 1": 40'
ucr
RELOCATED
1—STORY
METAL
BI DING
JO # 84,124
PROPOSED ENCROACHMENT:
FENCE TO TIE INTO CITY'S FENCE
IN TWO LOCATIONS AND ASPHALT
DRIVEWAY.
SHEET 2 OF 4 DATE: 02/21/13
24'00" E
N D
rs sr:[
ASPHALT
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l
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BLOCK
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CONCR TE
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> Ii
576.98' (PLAT) 576.65' (FIELD)
JOHN E.
ASSOCIATES, LTD.
SURVEYORS • ENGINEERS • PLANNERS
4317 BONNEY ROAD
VIRGINIA BEACH, VIRGINIA 23452
(757) 486-4910
PROPOSED ENCROACHMENT
10.3'-72" CHAIN UNK FENCE
TO TIE TO EXIST.
72" CHAIN LINK FENCE
zoo
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120
160 FEET
GRAPHIC SCALE: 1" = 40'
PROPOSED ENCROACHMENTS:
0 -PROPOSED 10.3'-96" POLYVINYL
FENCE 11ED TO EXISIT. 72" CHAIN
LINK FENCE.
(-PROPOSED 16.4'x22.0' ASPHAI T
DRIVEWAY W/GATED ENTRANCE TO
ALLOW EMERGENCY ACCESS TO F.H.
,ALLOW
10.3'-72" CHAIN LINK
FENCE TO TIE TO EXIST 72" CHAIN
LINK FENCE.
PROPOSED 243'-72" CHAIN
JO
84,124
ENCROACHMENT EXHIBIT "A"
OF
3012 HOLLAND ROAD
VIRGINIA BEACH, `VIRGINIA 23452
FOR
JAPANESE AUTO MASTERS
SCALE: 1": 40' t
PROPOSED ENCROACHMENT:
FENCE TO 11E INTO CITY'S FENCE
IN TWO LOCATIONS AND ASPHALT
DRIVEWAY.
SHEET 3 OF 4 DATE: 02/21/13
JOHN E.
ASSOCIATES, LTD.
SURVEYORS • ENGINEERS • PLANNERS
4317 BONNEY ROAD
VIRGINIA BEACH, VIRGINIA 23452
(757) 486-4910
HEAVY DUTY PAVEMENT SECTION:
N.T.S.
PAVEMENT SECTION IS TO MATCH EXISTING PAVEMENT OR:
1 1/2" ASPHALT CONCRETE
TYPE SM -9.5 (WEARING)
3" BASE ASPHALT CONCRETE
TYPE BM -25.0
7" AGGREGATE TYPE I BASE GR. 21A
COMPACTED SUBGRADE TO A DRY
DENSITY OF AT LEAST 95% OF THE
STANDARD PROCTOR MAXIMUM DRY
DENSITY (ASTM D-698).
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ENCROACHMENT EXHIBIT "A"
OF
3012 HOLLAND ROAD
VIRGINIA BEACH, VIRGINIA 23452
FOR
JAPANESE AUTO MASTERS
SCALE: N.T.S.
PROPOSED ENCROACHMENT:
FENCE TO 11E INTO CITY'S FENCE
IN TWO LOCATIONS AND ASPHALT
DRIVEWAY.
SHEET 4 OF 4 DATE: 02/21/13
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ENCROACHMENT EXHIBIT "A"
OF
3012 HOLLAND ROAD
VIRGINIA BEACH, VIRGINIA 23452
FOR
JAPANESE AUTO MASTERS
SCALE: N.T.S.
PROPOSED ENCROACHMENT:
FENCE TO 11E INTO CITY'S FENCE
IN TWO LOCATIONS AND ASPHALT
DRIVEWAY.
SHEET 4 OF 4 DATE: 02/21/13
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-24-
Item —V -J.3
ORDINANCES/RESOLUTIONS ITEM #62783
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE acquisition of approximately five (5) acres of property at 2396
Court Plaza Drive, adjacent to West Neck Creek Natural Area, for $6, 000 and ACCEPT a portion of the
area as a DONATION from Princess Anne Executive Park, LLC
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO AUTHORIZE THE
2 ACQUISITION OF 5.049 +/- ACRES OF
3 PROPERTY LOCATED ADJACENT TO WEST
4 NECK CREEK NATURAL AREA AND ACCEPT
5 A PORTION OF ITS VALUE AS A DONATION
6 FROM PRINCESS ANNE EXECUTIVE PARK,
7 LLC
8
9 WHEREAS, Princess Anne Executive Park, LLC ("Princess Anne Executive") owns
10 5.049 +/- acres of 2396 Court Plaza Drive (a portion of GPIN 2404-01-0590) in the City of
11 Virginia Beach, Virginia (the "Property");
12
13 WHEREAS, Princess Anne Executive desires to convey the Property to the City of
14 Virginia Beach (the "City") for consideration of $6,000, with the remaining value of the
15 property being a donation to the City;
16
17 WHEREAS, the City's Open Space Advisory Committee has been briefed and has
18 endorsed this acquisition for preservation as open space;
19
20 WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City
21 Council") is of the opinion that the acquisition of the Property would further the City's Open
22 Space Initiative; and
23
24 WHEREAS, funding for this acquisition is available in the Open Space Acquisition
25 CIP account (CIP 4-308.001).
26
27 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
28 VIRGINIA:
29
30 1. That the City Council authorizes the acquisition of the Property pursuant to
31 §15.2-1800 of the Code of Virginia (1950), as amended.
32
33 2. That the City Manager is authorized to accept the Property's value, Tess the
34 purchase price, as a donation to the City and to execute any necessary documentation of
35 such acceptance.
36
37 3. That the City Manager or his designee is further authorized to execute all
38 documents that may be necessary or appropriate in connection with the purchase of the
39 Property, so long as such documents are in accordance with the Summary of Terms
40 attached hereto as Exhibit A and made a part hereof, and such other terms, conditions and
41 modifications as deemed necessary and sufficient by the City Manager and in a form
42 deemed satisfactory by the City Attorney.
43 14th
44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
45 May , 2013.
APPROVED AS TO CONTENT:
Dept. ecreation
CA -12542
\\vbgov. c om\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\DOOTP016\00060196.DOC
R1
May 2, 2013
APPROVED AS TO LEGAL
SUFFICIENCY:
eatuu
City Attorney's Office
EXHIBIT "A"
SUMMARY OF TERMS
An Ordinance to authorize the acquisition of 5.049 +/- acres of property
located adjacent to West Neck Creek Natural Area and accept a portion of its value
as a donation from Princess Anne Executive Park, LLC
OWNER:
BUYER:
Princess Anne Executive Park, LLC
City of Virginia Beach
CONISDERATION: $6,000 and acceptance of the remaining fair market value of the property as a
donation to the City
SOURCE OF
FUNDS: CIP 4-308.001 — Open Space Program Site Acquisition Project
SETTLEMENT
DATE: 30 days from full execution of Agreement of Sale
SPECIAL TERMS
AND CONDITIONS:
• Property must be conveyed free and clear of all liens, leases, tenancies and rights of
possession of any and all parties other than the City.
• Owner shall pay its own attorney's fees and costs.
• City shall bear all other costs of closing.
\\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D007\P016\00060198.DOC
LOCATION MAP
PROPERTY TO BE ACQUIRED FROM
PRINCESS ANNE EXECUTIVE PARK, LLC
5.049 +/- ACRES
PART OF GPIN 2404-01-0590
PROPERTY LINE A
CITY PROPERTY
-25 -
Item -V-J.4
ORDINANCES/RESOLUTIONS ITEM #62 784
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE the City Manager to ACCEPT the DONATION of Artwork
from A Dolphin 's Promise and DIRECT Staff to install on City property at Sandbridge and Sandpiper
Roads
Voting.• 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 A RESOLUTION AUTHORIZING THE CITY
2 MANAGER TO ACCEPT A DONATION OF
3 ARTWORK AND TO DIRECT CITY STAFF TO TAKE
4 APPROPRIATE STEPS TO INSTALL THE
5 SCULPTURE ON CITY PROPERTY
6
7 WHEREAS, A Dolphin's Promise is an organization working in partnership with
8 the City to bring life-size dolphin sculptures to Virginia Beach in an effort to raise money
9 for cancer research; and
10
11 WHEREAS, since 2005, A Dolphin's Promise has facilitated the production and
12 installation of numerous dolphin sculptures throughout the City; and
13
14 WHEREAS, A Dolphin's Promise has offered to donate a dolphin sculpture to the
15 City for installation on City property in Sandbridge; and
16
17 WHEREAS, the proposed location for installation of the dolphin sculpture is in the
18 City right-of-way located at the corner of Sandbridge Road and Sandpiper Road; and
19
20 WHEREAS, the sculpture is approximately eight (8) feet long, three and a half (3
21 1/2 ) feet in height, and is constructed from boat hull fiberglass; and
22
23 WHEREAS, A Dolphin's Promise requested that the City install the dolphin
24 sculpture at the location identified herein.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 (1) The City Council hereby directs the City Manager to accept, on behalf of the City
30 of Virginia Beach, the donation of a dolphin sculpture from A Dolphin's Promise.
31
32 (2) The City Council hereby directs the City Manager to take appropriate steps to
33 install the dolphin sculpture in the City right-of-way located at the corner of
34 Sandbridge Road and Sandpiper Road.
35 14th
36 Adopted by the Council of the City of Virginia Beach, Virginia on the day
37 of May , 2013.
APPROVED AS TO CONTENT:
ftn^ �-.)
PUBLIC ORKS
CA12625
May 3, 2013
R-4
APPROVED AS TO LEGAL
SUFFICIENCY:
CITY ATTORNEY'S OFFICE
i
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-26-
Item-V-J.5a/b
ORDINANCES/RESOLUTIONS ITEM #62785
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to APPROPRIATE:
a. $4,771 from the Wetlands Civil Penalties program re a Floating Island Wetland
Demonstration Project
b. $600,000 from the Housing Choice Voucher Program to Housing and Neighborhood
Preservation and INCREASE the appropriation for the Portability Program to
$841,828 re rental subsidies
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO APPROPRIATE FUNDING FOR A
2 FLOATING ISLAND WETLAND DEMONSTRATION
3 PROJECT
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That $4,771 is hereby appropriated from the fund balance of the General Fund to
8 the FY2012-13 Operating Budget of the Department of Planning and Community
9 Development for a floating island wetland demonstration project.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of
May , 2013.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT:
2)c n f
(),
Management Services
CA12641
R-1
May 1, 2013
APPROVED AS TO LEGAL
SUFFICIENCY:
Floating Wetlands After Initial Planting
Floating Wetlands Installation
Floating Wetlands After Maturation
13iutilrn cxtverx the island
and the plant rrwts
Diagram of Floating Wetlands Cross- Section
t "
i-4 1-T1 1
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,
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Agricultural Research
and Extension Center
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C 2012 City of Virginia Beach
1 AN ORDINANCE TO AMEND THE FY 2012-13
2 OPERATING BUDGET OF THE DEPARTMENT
3 OF HOUSING AND NEIGHBORHOOD
4 PRESERVATION
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 (1) That $600,000 of program fund balance is hereby appropriated to the FY
10 2012-13 Operating Budget of the Department of Housing and Neighborhood
11 Preservation to provide rental subsidies through the Housing Choice Voucher program,
12 with specific fund reserves revenue increased accordingly; and
13
14 (2) That $841,828 of Housing Choice Voucher Portability Program billings is
15 hereby appropriated to the FY 2012-13 Operating Budget of the Department of Housing
16 and Neighborhood Preservation to provide rental subsidies through the Housing Choice
17 Voucher program, with local revenue increased accordingly.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day
of May , 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Management Services City At
CA12632
R-1
April 25, 2013
e s Office
Item -V-K1
PUBLIC HEARING
BUDGET
-27-
ITEM #62786
Mayor Sessoms DECLARED A PUBLIC HEARING:
FY2013-14 RESOURCE MANAGEEMNT PLAN
THE PROPOSED INCREASE TO THE SOLID WASTE MANAGEMENT FEE;
THE PLANNING FEES THAT SUPPORT THE OPERATING BUDGET; and
FY2013-14 OPERATING AND CAPITAL BUDGET
The following individuals registered to speak:
George Donley, 424 Tory Road, Phone: 671-7828, spoke in OPPOSITION of the increase to the Solid
Waste Management Fee. Mr. Donley stated citizens cannot deduct the trash fee from taxes like the real
estate taxes and requested the City start spending citizens' money more wisely. He suggested the City
should stop spending money on Light Rail and the Arena and there would be no trash fee.
George Pilgrim, 2200 Zia Drive, Phone: 301-3329, spoke in OPPOSITION to the increase to the Solid
Waste Management Fee. Mr. Pilgrim stated the citzens deserve to know what the revenue from the
increase in fee will be used to pay for.
William Fisher, 2049 Schubert Drive, Phone: 426-3658, spoke in OPPOSITION to the increase to the
Solid Waste Management Fee. Mr. Fisher advised citizens living in a house valued at less than $600, 000
will pay more per year while someone living in a house valued at $900,000, or more, will see a net
reduction in fees and this does not seem right.
William Bailey, 644 Edwin Drive, Phone: 288-5761, President of the Virginia Beach Professional
Firefighters, expressed his appreciation to the City for the pay raise and beginnings of working towards
addressing the compression problem. The employees recognize that compression did not happen
overnight and will not be fixed overnight. Mr. Bailey is looking forward to Step 2 and beginning to
address ways to fund the problem. .
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
May 14, 2013
-28 -
Item -V-L.
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
ITEM #62787
Vice Mayor Jones MOVED to ADOPT the Fiscal Year 2013-14 Operating and Capital Budgets as
presented in the printed Agenda to include all Ordinances in Section L, Subsections 1, 2 and 3; and Item
L, Subsection 3, #6, Option #2, ( the City Manager's recommendation).
Motion was seconded by Councilman Dyer.
City Council ADOPTED, the Fiscal Year 2013-14 Operating and Capital Budgets as presented in the
printed Agenda to include all Ordinances in Section L, including Subsections 1, 2 and 3; and Item L,
Subsection 3, #6, Option #2, (the City Manager's recommendation).
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
-29 -
Item -V-L.SUBPART 1.1
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating. Budget:
ITEM #62788
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to APPROPRIATE $1,780,373,064 for the Fiscal Year beginning July 1, 2013, and ending June 30,
2014, for Operations
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
2 BEGINNING JULY 1, 2013 AND ENDING JUNE 30, 2014 IN THE SUM OF
3 $ 1,780,373,064 FOR OPERATIONS
4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning
5 July 1, 2013, and ending June 30, 2014, 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 $2,457,590,592 consisting of $489,927,169 in inter -fund transfers,
10 $187,290,359 for internal service funds, and $1,780,373,064 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, 2013, and ending June 30, 2014, 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,
21 408, 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 implement 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. 5. All current and delinquent collections of local taxes shalt 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, 2014, 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, 2014. 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 business for the fiscal year ending on June 30, 2014, are hereby declared to be re-appropriated into the fiscal year
57 beginning July 1, 2014, 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, 2013, are
61 hereby declared to be re-appropriated into the fiscal year beginning July 1, 2013, and estimated revenues adjusted
62 accordingly. The close-out of any grant or similar funding mechanism shall account for all expenditures in such grant, and
63 provided there is any remaining balance in the grant, 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 exceed
67 the amount of such appropriations except with the consent and approval of the City Council first being obtained. It is
68 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 Revenues
84 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, bureaus,
97 or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of
98 their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per mile of
99 actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional miles of such use within the fiscal
100 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 City Manager is hereby authorized to allocate funding, within the aggregate amounts approved by City Council
122 for total compensation, to implement the General Assembly mandated changes to the Virginia Retirement System ("VRS")
123 that require all full-time City employees hired before July 1, 2010 to pay ene five percent {1%} (5%) of their salaries to the
124 VRS to be offset by a pay increase of ene five percent {1%4 (5%) by July 1, 2016. The City Council has chosen to phase this
125 in with 1% increments with 1% provided for fiscal year 2014. While not mandated by the General Assembly, a 1% increase
126 is provided for all full time City employees hired after July 1, 2010.
127
128 Sec. 18. A salary increase of .34% on July 1, 2013 for full-time employees and 1.66% on October 1, 2013 is hereby provided
129 for part-time and full time employees.
130
131 Sec. 18. That the City Manager er his designee is hereby wed to - -
132 adjustments necessary to eliminate the Print Shop Internal Scrvicc Fund. Any funds provided to the Print Shop Internal
133 Scrvicc Fund that are unobligated and unencumbered at thc close of business on June 30, 2012, shall lapse and such lapsed
134 funds shall bc transferred to the fund balance of the General Fund.
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149 Sec. 2019. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons
150 responsible for the management of the Appropriation Unit in which the violation occurred.
151
152 Sec. 2420. This ordinance shall be effective on July 1, 2013.
153
154 Sec. 2221. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
155 affect the validity of the remaining parts of this ordinance.
156
157 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 14th day of May, 2013.
adjustments necessary to functions of the Office of thc Real Estate Assessor and the Commissioner of the Revenue in the
a. The Commissioner of the Revenue will bc the City Manager's designee for thc processing of applications
for the R al Estate Tax Relief for the Elderly and Disabled Persons Program and the recently enacted tax
exemption for service disabled veterans;
b. Two FTEs arc transferred from the Office of the Real Estate Assessor to the Commissioner of the Revenue
to execute the above subsection;
the Office of the Real Estate Assessor;
d. Funding in the amount of $178,500 is provided for the delivery of the services in the above subsections.
158
159 Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment A - Appropriations
FY 2013-14
Adopted
002 General Fund
Agriculture 784,013
Benefits Administration 635,538
Board of Equalization 9,583
Budget and Management Services 1,520,668
Circuit Court 1,085,522
City Attorney 3,995,079
City Auditor 654,945
City Clerk 564,215
City Manager 2,762,829
City Real Estate Assessor 3,183,950
City Treasurer 5,110,433
Clerk of the Circuit Court 3,058,205
Commissioner of the Revenue 4,042,415
Commonwealth's Attorney 7,692,485
Communications and Information Technology 23,457,648
Community Organization Grants 409,126
Convention and Visitor Bureau 8,891,354
Cultural Affairs 2,267,523
Debt Service 45,083,433
Economic Development 2,771,193
Emergency Communications and Citizen Services 10,525,863
Emergency Medical Services 8,550,938
Employee Special Benefits 5,716,592
Finance 5,053,202
Fire 45,854,388
General District Court 354,118
General Registrar 1,343,936
Health 3,126,439
Housing and Neighborhood Preservation 1,762,100
Human Resources 4,132,967
Human Services 106,720,949
Independent Financial Services 153,878
Juvenile and Domestic Relations District Court 134,689
Juvenile Probation 1,444,869
Leases 1,612, 227
Library 17,571,418
Magistrates 95,514
Municipal Council 533,110
Museums 11,452,874
Parks and Recreation 13,023,439
Planning 9,710,010
Police 93,151,147
Public Works 64,637,700
Regional Participation 2,065,720
Reserve for Contingencies 7,912,649
Revenue Reimbursements 16,193,730
Strategic Growth Area 6,387,382
Transfer to Other Funds 421,786,714
Vehicle Replacements 6,032,514
Fund 002 Appropriation Totals 985,021,233
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment A - Appropriations
098 School Reserve Special Revenue Fund
Transfer to Other Funds
FY 2013-14
Adopted
14,000,000
Fund 098 Appropriation Totals 14,000,000
107 School Equipment Replacement Special Revenue Fund
Reserve for Contingencies 453,782
109 School Vending Operations Fund
Athletic
Fund 107 Appropriation Totals 453,782
363,047
Fund 109 Appropriation Totals 363,047
112 School Communication Tower Technology Fund
Instructional Technology 600,000
Fund 112 Appropriation Totals 600,000
114 School Cafeteria Fund
Cafeteria 28,600,954
Fund 114 Appropriation Totals 28,600,954
115 School Operating Fund
Administration, Attendance, and Health 21,615,583
Debt Service 43,094,767
Instruction 518,411, 377
Operations and Maintenance 86,963,647
Pupil Transportation 30,893,091
Technology 26,975,580
116 School Grants Fund
Grants
117 School Textbook Fund
Textbook
119 School Athletic Special Revenue Fund
Athletic
Fund 115 Appropriation Totals 727,954,045
67,040,031
Fund 116 Appropriation Totals 67,040,031
9,556,428
Fund 117 Appropriation Totals 9,556,428
4,910,642
Fund 119 Appropriation Totals 4,910,642
130 Law Library Fund
Library 233,437
Reserve for Contingencies 1,761
Transfer to Other Funds 57,252
Fund 130 Appropriation Totals 292,450
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment A - Appropriations
142 DEA Seized Property Special Revenue Fund
Commonwealth's Attorney
144 Waste Management Special Revenue Fund
Public Works
Reserve for Contingencies
Transfer to Other Funds
FY 2013-14
Adopted
200,000
Fund 142 Appropriation Totals 200,000
Fund 144 Appropriation Totals
147 Federal Section 8 Program Special Revenue Fund
Housing and Neighborhood Preservation
149 Sheriffs Department Special Revenue Fund
Sheriff and Corrections
Transfer to Other Funds
151 Parks and Recreation Special Revenue Fund
Debt Service
Parks and Recreation
Public Works
Reserve for Contingencies
Transfer to Other Funds
152 Tourism Investment Program Fund
Convention and Visitor Bureau
Cultural Affairs
Debt Service
Parks and Recreation
Public Works
Reserve for Contingencies
Strategic Growth Area
Transfer to Other Funds
38,562,151
125,000
3,626,771
42,313,922
18,676,860
Fund 147 Appropriation Totals 18,676,860
39,252,773
24,551
Fund 149 Appropriation Totals 39,277,324
2,106,472
27,766,931
2,833,125
146,123
3,331,436
Fund 151 Appropriation Totals 36,184,087
Fund 152 Appropriation Totals
157 Sandbridge Special Service District Spec Rev Fd
Transfer to Other Funds
100,000
50,500
25,041,384
34,099
968,133
134,902
4,311,472
4,349, 015
34,989,505
4,390,194
Fund 157 Appropriation Totals 4,390,194
161 Agriculture Reserve Program Special Revenue Fund
Agriculture 214,886
Debt Service 3,838,198
Reserve for Contingencies 258,733
Fund 161 Appropriation Totals 4,311,817
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment A - Appropriations
163 Tourism Advertising Program Special Revenue Fund
Convention and Visitor Bureau
Reserve for Contingencies
Transfer to Other Funds
166 Sandbridge Tax Increment Financing Fund
Future C.I.P. Commitments
Transfer to Other Funds
FY 2013-14
Adopted
10,647,193
11,331
56,838
Fund 163 Appropriation Totals 10,715,362
6,893,992
909,806
Fund 166 Appropriation Totals 7,803,798
169 Central Business District -South TIF (Twn Cntr) Fd
Debt Service 5,866,866
Transfer to Other Funds 150,000
172 Open Space Special Revenue Fund
Debt Service
Parks and Recreation
Public Works
Reserve for Contingencies
Transfer to Other Funds
174 Town Center Special Service District
Parks and Recreation
Town Center Special Tax District
Transfer to Other Funds
180 Community Development Special Revenue Fund
Housing and Neighborhood Preservation
Transfer to Other Funds
Fund 169 Appropriation Totals 6,016,866
Fund 172 Appropriation Totals
Fund 174 Appropriation Totals
Fund 180 Appropriation Totals
2,827,433
502,537
15,300
6,016
1,827,258
5,178,544
30,501
1,531,700
337,197
1,899,398
1,941,269
128,858
2,070,127
181 CD Loan and Grant Fund
Housing and Neighborhood Preservation 699,104
Fund 181 Appropriation Totals 699,104
182 Federal Housing Assistance Grant Fund
Housing and Neighborhood Preservation 900,639
Fund 182 Appropriation Totals 900,639
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment A - Appropriations
FY 2013-14
Adopted
183 Grants Consolidated Fund
Commonwealth's Attorney 333,680
Emergency Medical Services 375,000
Fire 770,853
Housing and Neighborhood Preservation 1,356,097
Human Services 1,684,321
Museums 31,000
Police 58,111
Public Works 15,000
Reserve for Contingencies 100,000
Transfer to Other Funds 400,000
241 Water and Sewer Fund
Debt Service
Public Utilities
Reserve for Contingencies
Transfer to Other Funds
253 Parking Enterprise Fund
Debt Service
Reserve for Contingencies
Strategic Growth Area
Transfer to Other Funds
255 Storm Water Utility Enterprise Fund
Debt Service
Public Works
Reserve for Contingencies
Transfer to Other Funds
310 Old Donation Creek Area Dredging SSD
Transfer to Other Funds
Fund 183 Appropriation Totals 5,124,062
22,527,690
76,097,986
1,112,052
17,977,327
Fund 241 Appropriation Totals 117,715,055
692,863
284,072
1,786,721
933,428
Fund 253 Appropriation Totals 3,697,084
2,263,221
16,635,590
3,060,469
15,501,034
Fund 255 Appropriation Totals 37,460,314
Fund 310 Appropriation Totals
311 Bayville Creek Neighborhood Dredging SSD Fund
Transfer to Other Funds
312 Shadowlawn Area Dredging SSD
Transfer to Other Funds
65,651
65,651
48,751
Fund 311 Appropriation Totals 48,751
25,088
Fund 312 Appropriation Totals 25,088
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment A - Appropriations
540 General Government Capital Projects Fund
Building Capital Projects
Coastal Capital Projects
Economic and Tourism Development Capital Projects
Parks and Recreation Capital Projects
Roadways Capital Projects
541 Water and Sewer Capital Projects Fund
Water and Sewer Capital Projects
555 Storm Water Capital Projects Fund
Storm Water Capital Projects
606 City Garage Internal Service Fund
Public Works
Reserve for Contingencies
607 Risk Management Internal Service Fund
Finance
Reserve for Contingencies
FY 2013-14
Adopted
1,641,287
5,439,490
4,149,297
7,825,198
10,581,817
Fund 540 Appropriation Totals 29,637,089
8,000,000
Fund 541 Appropriation Totals 8,000,000
13, 962,480
Fund 555 Appropriation Totals 13,962,480
11,732,660
89,690
Fund 606 Appropriation Totals 11,822,350
12,030,968
9,520
Fund 607 Appropriation Totals 12,040,488
610 Capital Proiects Internal Service Fund
Communications and Information Technology 197,938
Economic Development 63,300
Finance 162,711
Public Works 286,782
Reserve for Contingencies 2,330
613 School Landscaping Internal Service Fund
Parks and Recreation
Reserve for Contingencies
614 School Risk Management Fund
School Risk Management
615 City and School Health Insurance Fund
City and School Health Insurance
Fund 610 Appropriation Totals 713,061
3,522,500
41,852
Fund 613 Appropriation Totals 3,564,352
11,488,946
Fund 614 Appropriation Totals 11,488,946
132, 851,160
Fund 615 Appropriation Totals 132,851,160
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment A - Appropriations
616 Fuels Internal Service Fund
Public Works
620 Telecommunications Internal Service Fund
Communications and Information Technology
Reserve for Contingencies
621 Subscriptions Internal Service Fund
Communications and Information Technology
Reserve for Contingencies
FY 2013-14
Adopted
7,872,002
Fund 616 Appropriation Totals 7,872,002
3,457,477
197,242
Fund 620 Appropriation Totals 3,654,719
3,027,774
255,507
Fund 621 Appropriation Totals 3,283,281
908 City Beautification Fund
Parks and Recreation 72,500
Fund 908 Appropriation Totals 72,500
909 Library Gift Fund
Library
Fund 909 Appropriation Totals 7,000
910 Parking Meters -Homeless Donation Fund
Housing and Neighborhood Preservation
Fund 910 Appropriation Totals 10,000
911 Parks and Recreation Gift Fund
Parks and Recreation
Fund 911 Appropriation Totals 55,000
Total Budget Appropriations
Less Internal Service Funds
Less Interfund Transfers
NET BUDGET APPROPRIATIONS
7,000
10,000
55,000
2,457,590,592
187,290,359
489,927,169
1,780,373,064
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment B - Revenue
FY 2013-14
Adopted
002 General Fund
Revenue From Local Sources
Automobile License 9,419,062
Business License 42,791,543
Charges for Services 37,054,562
Cigarette Tax 12,109,969
Fines and Forfeitures 5,757,400
From the Use of Money and Property 5,282,570
General Sales Tax 57,987,462
Hotel Room Tax 6,066,374
Miscellaneous Revenue 6,159,205
Other Taxes 17,005,932
Permits, Privilege Fees, and Regulatory Licenses 4,794,486
Personal Property 138,576,713
Real Estate 427,074,330
Restaurant Meal Tax 37,060,590
Utility Tax 44,818,891
Revenue from the Commonwealth
Other Sources from the Commonwealth 95,152,606
Revenue from the Federal Government 17,448,209
Specific Fund Reserves 3,116,978
Transfers from Other Funds 17,344,351
Fund 002 Revenue Totals 985,021,233
098 School Reserve Special Revenue Fund
Specific Fund Reserves
Fund 098 Revenue Totals
107 School Equipment Replacement Special Revenue Fund
Specific Fund Reserves
109 School Vending Operations Fund
Revenue From Local Sources
Miscellaneous Revenue
Specific Fund Reserves
112 School Communication Tower Technology Fund
Revenue From Local Sources
From the Use of Money and Property
Specific Fund Reserves
Fund 107 Revenue Totals
Fund 109 Revenue Totals
Fund 112 Revenue Totals
14,000,000
14,000,000
453,782
453,782
192,550
170,497
363,047
260,000
340,000
600,000
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment B - Revenue
FY 2013-14
Adopted
114 School Cafeteria Fund
Revenue From Local Sources
Charges for Services 13,789,527
From the Use of Money and Property 9,051
Miscellaneous Revenue 207,000
Revenue from the Commonwealth
Other Sources from the Commonwealth 488,000
Revenue from the Federal Government 13,675,982
Specific Fund Reserves 431,394
Fund 114 Revenue Totals 28,600,954
115 School Operating Fund
Revenue From Local Sources
Charges for Services 2,203,383
From the Use of Money and Property 465,000
Miscellaneous Revenue 657,000
Revenue from the Commonwealth
Other Sources from the Commonwealth 240,866,735
State Shared Sales Tax 70,522,688
Revenue from the Federal Government 17,141,085
Transfers from Other Funds 396,098,154
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
Fund 115 Revenue Totals 727,954,045
3,044,467
15,904,631
48, 090, 933
Fund 116 Revenue Totals 67,040,031
100,000
10,000
3,606,022
5,840,406
Fund 117 Revenue Totals 9,556,428
499,000
5,000
4,406,642
Fund 119 Revenue Totals 4,910,642
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment B - Revenue
FY 2013-14
Adopted
130 Law Library Fund
Revenue From Local Sources
Charges for Services 283,000
From the Use of Money and Property 4,450
Specific Fund Reserves 5,000
142 DEA Seized Property Special Revenue Fund
Specific Fund Reserves
144 Waste Management Special Revenue Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Permits, Privilege Fees, and Regulatory Licenses
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 130 Revenue Totals 292,450
200,000
Fund 142 Revenue Totals 200,000
42,003,532
125,000
150,000
35,390
Fund 144 Revenue Totals 42,313,922
147 Federal Section 8 Program Special Revenue Fund
Revenue From Local Sources
Charges for Services 845,600
Miscellaneous Revenue 32,000
Revenue from the Federal Government 17,448,950
Specific Fund Reserves 139,629
Transfers from Other Funds 210,681
Fund 147 Revenue Totals 18,676,860
149 Sheriffs Department Special Revenue Fund
Revenue From Local Sources
Charges for Services 4,894,758
From the Use of Money and Property 15,000
Miscellaneous Revenue 10,000
Revenue from the Commonwealth
Other Sources from the Commonwealth 17,605,275
Revenue from the Federal Govemment 229,950
Specific Fund Reserves 1,314,990
Transfers from Other Funds 15,207,351
Fund 149 Revenue Totals 39,277,324
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment B - Revenue
FY 2013-14
Adopted
151 Parks and Recreation Special Revenue Fund
Revenue From Local Sources
Charges for Services 12,982,690
From the Use of Money and Property 1,514,877
Miscellaneous Revenue 2,700
Permits, Privilege Fees, and Regulatory Licenses 700
Real Estate 16,653,197
Revenue from the Commonwealth
Other Sources from the Commonwealth 27,000
Specific Fund Reserves 77,000
Transfers from Other Funds 4,925,923
152 Tourism Investment Program 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
Fund 151 Revenue Totals 36,184,087
5,941,774
932,081
748,000
626,400
15,443,711
124,960
11,172,579
Fund 152 Revenue Totals 34,989,505
157 Sandbridge Special Service District Spec Rev Fd
Revenue From Local Sources
From the Use of Money and Property 6,764
Hotel Room Tax 779,012
Real Estate 591,675
Specific Fund Reserves 642,747
Transfers from Other Funds 2,369,996
Fund 157 Revenue Totals
161 Agriculture Reserve Program Special Revenue Fund
Revenue From Local Sources
Real Estate
4,390,194
4,311,817
Fund 161 Revenue Totals 4,311,817
163 Tourism Advertising Program Special Revenue Fund
Revenue From Local Sources
Charges for Services 101,665
From the Use of Money and Property 42,432
Hotel Room Tax 5,259,938
Miscellaneous Revenue 41,243
Restaurant Meal Tax 5,270,084
Fund 163 Revenue Totals 10,715,362
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment B - Revenue
166 Sandbridge Tax Increment Financing Fund
Revenue From Local Sources
From the Use of Money and Property
Real Estate
Specific Fund Reserves
169 Central Business District -South TIF (Twn Cntr) Fd
Revenue From Local Sources
From the Use of Money and Property
Hotel Room Tax
Real Estate
Specific Fund Reserves
172 Open Space Special Revenue Fund
Revenue From Local Sources
From the Use of Money and Property
Restaurant Meal Tax
Specific Fund Reserves
174 Town Center Special Service District
Revenue From Local Sources
From the Use of Money and Property
Real Estate
Specific Fund Reserves
Transfers from Other Funds
180 Community Development Special Revenue Fund
Revenue From Local Sources
Charges for Services
Revenue from the Federal Government
Transfers from Other Funds
Fund 166 Revenue Totals
Fund 169 Revenue Totals
Fund 172 Revenue Totals
Fund 174 Revenue Totals
Fund 180 Revenue Totals
FY 2013-14
Adopted
25,000
7,410,157
368,641
7,803,798
900
500,000
5,208,136
307,830
6,016,866
21,144
4,637,674
519,726
5,178,544
2,600
1,480,463
266,335
150,000
1,899,398
70,000
1,291,730
708,397
2,070,127
181 CD Loan and Grant Fund
Non -Revenue Receipts 100,000
Revenue from the Federal Govemment 484,175
Transfers from Other Funds 114,929
182 Federal Housing Assistance Grant Fund
Non -Revenue Receipts
Revenue from the Federal Government
Fund 181 Revenue Totals 699,104
70,000
830,639
Fund 182 Revenue Totals 900,639
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment B - Revenue
183 Grants Consolidated Fund
Revenue From Local Sources
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
241 Water and Sewer Fund
Non -Revenue Receipts
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Federal Government
Transfers from Other Funds
253 Parking Enterprise Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
255 Storm Water Utility Enterprise Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Revenue from the Federal Government
Transfers from Other Funds
310 Old Donation Creek Area Dredging SSD
Revenue From Local Sources
Real Estate
311 Bayville Creek Neighborhood Dredging SSD Fund
Revenue From Local Sources
Real Estate
312 Shadowlawn Area Dredging SSD
Revenue From Local Sources
Real Estate
FY 2013-14
Adopted
43,632
3,027,510
1,562,561
490,359
Fund 183 Revenue Totals 5,124,062
2,665,095
112,518,740
444,274
390,773
1,017,733
678,440
Fund 241 Revenue Totals 117,715,055
3,688,584
8,500
Fund 253 Revenue Totals 3,697,084
Fund 255 Revenue Totals
Fund 310 Revenue Totals
Fund 311 Revenue Totals
Fund 312 Revenue Totals
37,018,136
125,000
288,159
29,019
37,460,314
65,651
65,651
48,751
48,751
25,088
25,088
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment B - Revenue
540 General Government Capital Projects Fund
Transfers from Other Funds
541 Water and Sewer Capital Projects Fund
Transfers from Other Funds
555 Storm Water Capital Projects Fund
Transfers from Other Funds
606 City Garage Internal Service Fund
Revenue From Local Sources
Charges for Services
Specific Fund Reserves
607 Risk Management Internal Service Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
610 Capital Projects Internal Service Fund
Revenue From Local Sources
Charges for Services
613 School Landscaping Internal Service Fund
Revenue From Local Sources
Charges for Services
614 School Risk Management Fund
Revenue From Local Sources
Charges for Services
Miscellaneous Revenue
615 City and School Health Insurance Fund
Revenue From Local Sources
Miscellaneous Revenue
616 Fuels Internal Service Fund
Revenue From Local Sources
Charges for Services
FY 2013-14
Adopted
29,637,089
Fund 540 Revenue Totals 29,637,089
8,000,000
Fund 541 Revenue Totals 8,000,000
13,962,480
Fund 555 Revenue Totals 13,962,480
Fund 606 Revenue Totals
Fund 607 Revenue Totals
Fund 610 Revenue Totals
Fund 613 Revenue Totals
Fund 614 Revenue Totals
Fund 615 Revenue Totals
Fund 616 Revenue Totals
11,140,970
681,380
11,822,350
12,000,488
40,000
12,040,488
713,061
713,061
3,564,352
3,564,352
11,465,209
23,737
11,488, 946
132, 851,160
132,851,160
7,872,002
7,872,002
City of Virginia Beach, Virginia
Fiscal Year 2013-14 Budget Ordinance
Attachment B - Revenue
620 Telecommunications Internal Service Fund
Revenue From Local Sources
Charges for Services
Specific Fund Reserves
FY 2013-14
Adopted
3,317,173
337,546
Fund 620 Revenue Totals 3,654,719
621 Subscriptions Internal Service Fund
Revenue From Local Sources
Charges for Services 2,351,644
Specific Fund Reserves 931,637
Fund 621 Revenue Totals 3,283,281
908 City Beautification Fund
Revenue From Local Sources
Miscellaneous Revenue 72,500
Fund 908 Revenue Totals 72,500
909 Library Gift Fund
Revenue From Local Sources
Miscellaneous Revenue 7,000
Fund 909 Revenue Totals 7,000
910 Parking Meters - Homeless Donation Fund
Revenue From Local Sources
Miscellaneous Revenue 10,000
Fund 910 Revenue Totals 10,000
911 Parks and Recreation Gift Fund
Revenue From Local Sources
Miscellaneous Revenue 55,000
Total Budget Revenues
Less Internal Service Funds
Less Interfund Transfers
NET BUDGET REVENUES
Fund 911 Revenue Totals 55,000
2,457, 590, 592
187,290,359
489,927,169
1,780,373,064
-30-
Item-V-L.SUBPART 1.2
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62789
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to ESTABLISH the Tax Levy on Real Estate for Fiscal Year 2014
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1
2
AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL
YEAR 2014
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
5 Sec. 1. Amount of Levy on Real Estate.
6 There shall be levied and collected for fiscal year 2014 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 ninety-three five cents ($0.93) ( on each one hundred dollars ($100) of
9 assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be applied on the basis
10 of one hundred percentum of the fair market value of such real property, except for public service real property, which
11 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 four
12 cents of the tax rate is dedicated, subject to annual appropriation, to provide funding for the Schools to offset the decrease
13 in State funding through the Local Composite Index, and two cents of the tax rate is dedicated, subject 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 Duty Act. The Council directs the City Manager in the production of future budgets to provide an analysis
16 of State funding for Schools, urban road construction, and the Line of Duty Act. At such time as the State restores funding
17 above the following benchmarks: funding for Schools at $350M (per annum, net of School Facility Funds); urban road
18 construction at $20M (per annum); and Line of Duty Act at $0 (per annum), the City Manager will recommend a reduction,
19 in whole or in part, to the four cent or two cent tax rate dedication in an amount roughly equal to the increased State
20 funding with a corresponding decrease in 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 2014, 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 ninety-three five
34 cents ($0.93) ($0.95) on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this
35 section shall be applied on the basis of one hundred percentum of fair market value of such real property except for public
36 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 2014, 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 2014, 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. 5. 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 2014, taxes on all real estate that has been classified as
65 an energy efficient building, not exempt from taxation, at a rate of seventy-eight eighty cents ($0.78) ($0.89) 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 Levy on Properties Listed in the Virginia Landmarks Register.
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 year 2014, taxes on buildings that are individually 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 forty-nine fifty -ewe cents ($0.49) ($0.51) on each one hundred dollars of assessed valuation thereof.
76 The real property tax rate imposed in this section shall be applied on the basis of one hundred percentum of fair market
77 value of such real property except for public service property, which shall be on the basis as provided by Section 58.1-2604
78 of the Code of Virginia.
79
80 Sec. 7. Amount of Levy on Real Estate Within the Old Donation Special Service District.
81 There shall be levied and collected for fiscal year 2014, 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. Except as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall
86 apply without reduction to any properties subject to ad valorem taxes including those properties enrolled in the Exemption,
87 Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set forth in Code of Virginia, section
88 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of properties subject to special use
89 value assessment. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum (100%)
90 of the fair market value of such real property except for public service real property, which shall be on the basis as provided
91 in Section 58.1-2604 of the Code of Virginia.
92
93 Sec. 8. Amount of Levy on Real Estate Within the Bayville Creek Special Service District.
94 There shall be levied and collected for fiscal year 2014, taxes for the special purpose of providing neighborhood
95 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Bayville Creek Special Service
96 District, not exempt from taxation, at the rate of thirty six and three -tenths cents ($0.363) on each one hundred dollars
97 ($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
98 of this ordinance. Except as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall
99 apply without reduction to any properties subject to ad valorem taxes including those properties enrolled in the Exemption,
100 Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set forth in Code of Virginia, section
101 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of properties subject to special use
102 value assessment. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum (100%)
103 of the fair market value of such real property except for public service real property, which shall be on the basis as provided
104 in Section 58.1-2604 of the Code of Virginia.
105
106 Sec. 9. Amount of Levy on Real Estate Within the Shadowlawn Special Service District.
107 There shall be levied and collected for fiscal year 2014, taxes for the special purpose of providing neighborhood
108 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Shadowlawn Special Service
109 District, not exempt from taxation, at the rate of fifteen and nine-tenths cents ($0.1594) on each one hundred dollars
110 ($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
111 of this ordinance. Except as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall
112 apply without reduction to any properties subject to ad valorem taxes including those properties enrolled in the Exemption,
113 Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set forth in Code of Virginia, section
114 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of properties subject to special use
115 value assessment. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum (100%)
116 of the fair market value of such real property except for public service real property, which shall be on the basis as provided
117 in Section 58.1-2604 of the Code of Virginia.
118
119 Sec. 910. Severability.
120 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
121 affect the validity of the remaining portions of this ordinance.
122
123 Sec. 1911.Effective Date.
124 The effective date of this ordinance shall be July 1, 2013.
125
126 Adopted by the City Council of the City of Virginia Beach, Virginia on this 14th day of May, 2013.
127
128 Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
-31 -
Item -V-L.SUBPART 1.3
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62790
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year
2014
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL
2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR
3 2014
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5
6 Sec. 1. Amount of Levy on the General Classification of Tangible Personal Property.
7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general
8 purposes for the calendar year 2014 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 41% of the
17 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 59% of the computed tax on the first $20,000 of assessed value.
19 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 41% of the computed tax based
20 on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in excess of $20,000.
21 Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining 59% of the
22 computed tax on the first $20,000 of assessed value.
23 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the City Treasurer is
24 authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due without regard to any
25 former entitlement to state relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a
26 qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such earlier date as
27 reimbursement with respect to such bill is no longer available from the Commonwealth, whichever earlier occurs. Penalties
28 and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed.
29 Interest shall be computed from the original due date of the tax.
30
31 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property
32 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general
33 purposes for the calendar year 2014 on the certain classifications of tangible personal property set forth below at the rate
34 of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof.
35 a. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (8);
36 b. computer equipment as described in Code of Virginia § 58.1-3506 (A) (11);
37 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution control
38 equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or devices and
39 certified recycling equipment, facilities or devices";
40 d. furniture, office, and maintenance equipment as described in Code of Virginia § 58.1-3506 (A) (24);
41 e. all tangible personal property employed in a trade or business other than described in subdivisions A 1
42 through A 18, except for subdivision A 17, of § 58.1-3503 as described in Code of Virginia § 58.1-3506 (A) (26);
43 f. programmable computer equipment and peripherals employed in a trade or business ad described in Code of
44 Virginia § 58.1-3506 (A) (27);
45 g. tangible personal property used in the provision of Internet service as described in Code of Virginia § 58-1-
46 3506 (A) (31);
47 h. forest harvesting and silvicultural activity as described in Code of Virginia § 58-1-3506 (A) (33);
48 i. equipment used primarily for research, development, production or provision of biotechnology as described in
49 Code of Virginia § 58-1-3506 (A) (34);
50 j. tangible personal property which is owned and operated by a service provider who is not a CMRS provider and
51 is not licensed by the FCC used to provide, for a fee, wireless broadband internet service as described in Code of Virginia §
52 58-1-3506 (A) (37).
53
54 Sec. 4. Amount of Levy on Manufactured Homes.
55 There shall be levied and collected for general purposes for the calendar year 2014 taxes on all vehicles without
56 motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of
57 Virginia, at the rate of ninety-three five cents ($0.93) ($0.95) on each one hundred dollars ($100) of assessed valuation
58 thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10).
59
60 Sec. 5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only.
61 There shall be levied and collected for general purposes for the calendar year 2014 taxes on all boats or watercraft
62 used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons or more), except as
63 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars
64 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections
65 58.1-3506 (A) (35) and (A) (36).
66
67 Sec. 6. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes.
68 There shall be levied and collected for general purposes for the calendar year 2014 taxes on all boats or watercraft
69 not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as
70 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars
71 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections
72 58.1-3506 (A) (1) (a) and (A) (1) (b).
73
74 Sec. 7. Amount of Levy on Machinery and Tools.
75 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general
76 purposes for the calendar year 2014 taxes on machinery and tools, including machinery and tools used directly in the
77 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one millionth of
78 one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia §
79 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and tools:
80 a. all tangible personal property used in research and development businesses, as described in Code of
81 Virginia § 58.1-3506 (A) (7);
82 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and
83 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to
84 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506
85 (A) (25).
86
87 Sec. 8. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only.
88 There shall be levied and collected for general purposes for the calendar year 2014 taxes on all privately owned
89 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on
90 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal
91 property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29).
92
93 Sec. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for
94 Recreational Purposes Only, and Privately Owned Horse Trailers.
95 There shall be levied and collected for general purposes for the calendar year 2014 taxes at the rate of one dollar
96 and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all
97 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately
98 owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b)
99 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of
100 horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Such property declared
101 a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30).
102
103 Sec. 10. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran.
104 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2014 at the rate of
105 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned
106 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
107 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in
108 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the
109 rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the
110 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or
111 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or
112 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1-
113 3506 (A) (19).
114
115 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty -Five
116 Years of Age or Anyone Found to be Permanently and Totally Disabled.
117 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and
118 collected for general purposes for calendar year 2014, at the rate of three dollars ($3.00) on each one hundred dollars
119 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least
120 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the
121 Code of Virginia, subject to the following conditions:
122 1. The total combined income received, excluding the first $7,500 of income, from all sources during
123 calendar year 2013 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000).
124 2. The owner's net financial worth, including the present value of all equitable interests, as of December
125 31 of calendar year 2013, excluding the value of the principal residence and the land, not exceeding one (1) acre, upon
126 which it is situated, shall not exceed seventy thousand dollars ($70,000).
127 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the
128 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
129 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle
130 may be titled.
131 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if
132 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied.
133
134 Sec. 12. Assessed Value Determination.
135 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections
136 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia
137 Beach.
138
139 Sec. 13. Severability.
140 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
141 affect the validity of the remaining portions of this ordinance.
142
143 Sec. 14. Effective Date.
144 This ordinance shall be effective January 1, 2014.
145
146 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2013.
147
148 Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED -AS
LEGAL SUFFICIENCY:
City or ey's 0
-32 -
Item -V-L.SUBPART 1.4
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62791
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AUTHORIZE the City Manager to Submit an Annual Funding Plan to the U.S. Department of
Housing and Urban Development (HUD)
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
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 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities
8 directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income
9 neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock
10 and community services, along with other related activities; and
11
12 WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia Beach has
13 developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created
14 the necessary mechanisms for its implementation in compliance with federal and local directives.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
17
18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to
19 submit the City's FY 2013-14 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and
20 assurances contained therein and such additional information as may be required, to the Department of Housing and Urban
21 Development to permit the review, approval, and funding of the Plan.
22
23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2013.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
-33 -
Item -V-L.SUBPART 1.5
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62792
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to APPROPRIATE $236,384 and DECLARE $7,350,000 of funding within the Sandbridge Tax
Increment Financing District as Surplus Funds in the FY 2012-13 Operating Budget
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO APPROPRIATE $236,384 AND DECLARE
2 $7,350,000 OF FUNDING WITHIN THE SANDBRIDGE TAX INCREMENT
3 FINANCING DISTRICT AS SURPLUS FUNDS IN THE FY 2012-13
4 OPERATING BUDGET
5 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special Service
6 District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration and
7 management at Sandbridge;
8
9 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding is
10 adequate for Tong -term beach and shoreline restoration and management along Sandbridge;
11
12 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding to
13 meet long-term obligations for beach and shoreline restoration and management;
14
15 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the project;
16 and
17
18 WHEREAS, $ 7,350,000 is available as an unencumbered appropriation in the FY 2013-14 Sandbridge TIF Reserve
19 for Future Commitments.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
22
23 (1) That $ 7,350,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term
24 obligations for beach and shoreline restoration and management and is hereby declared surplus.
25
26 (2) That $236,384 is hereby appropriated from the fund balance of the Sandbridge Tax Increment Financing
27 District and $ 7,350,000 is hereby transferred within the FY 2012-13 Operating Budget from the Sandbridge TIF to the
28 General Fund — Unappropriated Real Estate Tax Revenues.
29
30 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2013.
31
32 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2013.
33
34 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:
-34 -
Item -V-L.SUBPART 1.6
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62793
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to INCREASE the Solid Waste Management Fee to be charged by the City of Virginia Beach for the
services of Solid Waste collection, management and disposal of solid waste and other refuse
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO INCREASE THE SOLID WASTE MANAGEMENT FEE
2 TO BE CHARGED BY THE CITY OF VIRGINIA BEACH FOR THE SERVICES
3 OF SOLID WASTE COLLECTION, MANAGEMENT, AND DISPOSAL OF
4 SOLID WASTE AND OTHER REFUSE
5 WHEREAS, under Virginia Code § 15.2-928, the City Council of the City of Virginia Beach, Virginia, is authorized to
6 impose fees for providing the services to its residents of collection, management, and disposal of solid waste, recyclable
7 materials, and other refuse; and
8
9 WHEREAS, the City held public hearings on this fee to provide public comment; and
10
11 WHEREAS, the City Council desires to have a fiscally responsible solution to solid waste collection, management,
12 and disposal.
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
15
16 A. That rates to be charged for access to the service of solid waste collection, management, and disposal of
17 solid waste materials, and other refuse shall be as follows:
18
19 1. A waste collection fee of $21.36 S -10A0 per month shall be charged to each occupied dwelling unit eligible for,
20 and each participating church receiving, City trash collection services in accordance with City Code Chapter 31.
21
22 2. The foregoing fee shall become effective on July 1, 2013.
23
24 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2013.
25
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
-35 -
Item -V-L.SUBPART 1.7
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62794
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AMEND City Code Section 35-207 INCREASING the Cigarette Tax
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1
2
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO CIGARETTE TAX
BY INCREASING THE AMOUNT OF THE TAX
3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
5 That Section 35-207 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows:
6
7 Sec. 35-207. Levied; Amount.
8 There is hereby levied and imposed by the City, upon each sale of cigarettes, a tax equivalent to thirty five t iffy
9 two -and -fifty (35.00) (32.50) mills per cigarette sold within the City, the amount of such tax to be paid by the seller, if not
10 previously paid, in the manner and at the time provided for in this article. The tax shall be reduced by two and one-half
11 (2.5) mills per cigarette on June 30, 2027. There shall be a penalty for late payment of the tax imposed herein in the
12 amount of ten (10) per centum per month, and interest in the amount of three-quarters of -one (0.75) per centum per
13 month, upon any tax found to be overdue and unpaid.
14
15 This ordinance shall be effective July 1, 2013.
16
17 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2013.
18
19 Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
-36-
Iteni -V-L.SUBPART 1.8
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62 795
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AMEND Section 2-246 and 2-247 of the City Code for Department Name Alteration (Budget and
Management Services)
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO AMEND SECTION 2-246
2 AND 2-247 OF THE CITY CODE FOR
3 DEPARTMENT NAME ALTERATION
4
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH THAT SECTION 2-246 AND 2-247
6 ARE AMENDED AND REORDAINED AS FOLLOWS:
7
8 ARTICLE VII. - DEPARTMENT OF BUDGET AND MANAGEMENT SERVICES
9
10 Sec. 2-246. Created; composition.
11 There is hereby created a department to be designated the department of budget and
12 management services, which shall consist of a director of the department, and such other employees as
13 may be prescribed by the Charter, or by ordinance, or by the city manager or the director consistent
14 therewith.
15
16 Sec. 2-247. Functions.
17 The department of budget and management services shall be responsible for resource
18 management, review and allocation, for budget and capital program policy development, and for the
19 following general duties, including any other duties which may be required, assigned, or prescribed by the
20 council or the city manager:
21
22 (1) Plan, prepare, and develop the annual operating budget, including estimates of
23 appropriations and revenues for support of the operating budget, consistent with the
24 provisions of chapter 5 of the Charter, and carry out the same duties for all amendments
25 thereto.
26 (2) Plan, prepare, and develop the capital improvements program and capital budget in
27 accordance with section 2-195 and carry out the same duties for all amendments thereto.
28 (3) Be responsible for short-term and multi-year financial forecasts of both expenditures and
29 revenues and annually prepare a five-year forecast of expenditures and revenues.
30 (4) Be responsible for economic and fiscal impact analysis, policy and fiscal analysis, and
31 program evaluation services regarding city programs, agencies, business processes and
32 projects, and for provision of management assistance services to teams, agencies and
33 programs to improve cost management, business processes and operations.
34 (5) Coordinate or carry out city-wide surveys, strategic and fiscal planning, and provide staff
35 support for special studies and projects.
36 (6) Reserved.
37
38 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2013.
39
40 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14thday of May, 2013.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
riecis Office
-37 -
Item -V-L.SUBPART 1.9
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62796
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Resolution
to DIRECT the City Manager to recoup certain expenses re Special Events
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1
2
A RESOLUTION TO DIRECT THE CITY MANAGER TO RECOUP CERTAIN
EXPENSES RELATED TO SPECIAL EVENTS
3 WHEREAS, the City of Virginia Beach hosts hundreds of special events annually, which draw participants and
4 spectators who raise contributions to support nonprofit organization or contribute to the local economy and often provide
5 additional revenue to the City and the community;
6
7 WHEREAS, many special events held on public property require some form of city services, such as road closures,
8 traffic control, security, contingencies for emergency services, utility connections, and clean up resulting in additional costs,
9 which city operational departments are asked to absorb;
10
11 WHEREAS, the increase in special event permits and request for City services has placed a financial burden on
12 departmental budgets and less funding for other City functions and services;
13
14 WHEREAS, recouping a portion City expenses related to certain special events should reduce the economic burden
15 placed on City departments as a result of providing support services for special events;
16
17 WHEREAS, as currently written, Section 4-1 of the City Code provides the recoupment of expenses related to
18 special events is discretionary;
19
20 WHEREAS, to provide clarity and align the City's policies with that of other municipalities, the Council desires to
21 direct the City Manager to recoup certain expenses.
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
24
25 1. That, subject to the exceptions provided in Section 4-1 of the City Code, the City Manager or his designee is
26 hereby directed to implement the following procedure for recouping City expenses related to special events:
27
28 a. For all events, the applicant shall be provided a list of safety standards and service requirements needed to
29 obtain a special event permit. Any determination of the level of services required to support a particular
30 event shall be at the discretion of the City Manager or designee;
31
32 b. At the applicant's request, the City will provide an estimated cost for City personnel and equipment to
33 perform all safety standards and service requirements for the event. The applicant shall have the option of
34 hiring contractors to perform such support requirements in lieu of the City providing such services, provided
35 the applicant meets the required safety standards and levels of service;
36
37 c. If the applicant elects to use the City to perform the safety standards and support service requirements for the
38 special event permit a cash deposit of 50% of the estimated City costs or a bond for 50% of the estimated City
39 costs will be required. In the event that actual City costs were less than the amount of a cash deposit, the
40 applicant will be entitled to a refund.
41
42 d. For events hosted by City departments or on behalf of City departments by the department's contractor(s), no
43 recoupment is required;
44
45 e. Due to the personnel costs and duration, stationary event street closures shall be responsible for the
46 recoupment of all City expenses and shall not be eligible for the credit described in subsection f;
47
48 f. Because of special events held on public property are an amenity to the residents of the City and provide
49 publicity of the City's resources and advantages, special events will be entitled to a credit of up to $3,000 of
50 the actual cost to the City to provide safety standards and support service requirements. Should the City's
51 costs exceed $3,000, the applicant may request an additional credit of up to 50% of the City's support costs
52 based on City tax revenues generated by event participants attending from at least 50 miles away. The
53 amount of the 50% portion of the credit shall be based on the average overnight spending calculated by the
54 City's Convention and Visitors Bureau and any doubt with regard to such determination shall be resolved in
55 the favor of the City.
56
57 2. That the effective date of this resolution is January 1, 2014.
58
59 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2013.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
-38 -
Item -V-L.SUBPART 1.10
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62797
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AMEND Section 35-159 of the City Code pertaining to the Lodging Tax by extending its "Sunset"
provisions and DECREASE the Sandbridge Special Service District Lodging Tax
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO
2 THE LODGING TAX BY EXTENDING ITS SUNSET PROVISIONS
3 AND TO LOWER THE SANDBRIDGE SPECIAL SERVICE
4 DISTRICT LODGING TAX
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
7 That section 35-159 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read as
8 follows:
9
10 Sec. 35-159. Levied; Amount.
11 (a) There is hereby levied and imposed on each transient a tax equivalent to eight (8) percent of the total amount
12 paid for lodging, by or for any such transient, to any lodging place, plus a flat tax of one dollar ($1.00) for each
13 night of lodging at any lodging place other than a campground. The percentage -based portion of the tax rate shall
14 be reduced by one-half (0.5) percent on July 1, 20182013 and further reduced by an additional two and one-half
15 (2.5) percent on June 30, 2027. The flat tax shall remain in effect through June 30, 20182013.
16 (b) There is hereby levied and imposed on each transient within the Sandbridge Special Service District (district) a tax,
17 in addition to that levied in subsection (a) hereof, equivalent to one twe and one-half (1.5) (2.5) percent of the
18 total amount paid for lodging within the district, by or for any such transient to any lodging
19 place, excluding hotels, motels and travel campgrounds.
20
21 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
0.9-a,\;,) P7_, 7"T
Management Services =_ CEty or . f
ice
-39-
Item -V-L.SUBPART 1.11
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62 798
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AMEND Section 35-280 of the City Code re License Requirement Fees
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO AMEND SECTION 35-280 OF THE CITY CODE
2 FOR LICENSE REQUIREMENT FEES
3
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH THAT SECTION 2-246 AND 2-247 ARE AMENDED
5 AND REORDAINED AS FOLLOWS:
6 Sec. 35-280. - License requirement; imposition of fee.
7 (a) There is hereby imposed a requirement for a local vehicle license, for the terms as established by this Article,
8 on motor vehicles, trailers and semitrailers, regularly kept in the City and used upon public roadways of the
9 City. The amount of the fee for this license shall be as set forth in the following subsections of this Section, and
10 shall be due annually at the same time the state registration is obtained, unless specifically provided for
11 otherwise. A valid vehicle registration, issued by the State Department of Motor Vehicles after April 21, 2003,
12 shall, as necessary, document compliance with the local vehicle license requirements imposed by this
13 ordinance and serve as a license.
14 (b) The license fee on a motor vehicle, designed and used for the transportation of passengers, which is self -
15 propelled or designed for self -propulsion, shall be, except as otherwise specifically provided in this Section,
16 imposed in accordance with the following schedule:
17 (1) Motor vehicles weighing four thousand (4,000) pounds or less, and pickup trucks with a gross
18 weight of four thousand (4,000) pounds or less $26,00 $25.00
19 (2) Motor vehicles weighing more than four thousand (4,000) pounds, and pickup trucks with a gross
20 weight from four thousand and one (4,001) pounds to seven thousand five hundred (7,500)
21 pounds 31.00 30.00
22 (3) Motorcycle 24.00 23.00
23 (4) Antique motor vehicles licensed permanently pursuant to Code of Virginia, § 46.2-730
24 (motorcycles or cars) 13.50
25 (5) Any motor vehicle, trailer or semitrailer upon which well -drilling machinery is attached and which
26 is permanently used solely for transporting such machinery and any specialized mobile
27 equipment as defined by Code of Virginia, § 46.2-700 15.00
28 (c) (1) Unless otherwise specified in this Article, the license fees for trailers and semitrailers not
29 designed and used for the transportation of passengers on the highways in the commonwealth
30 shall be as follows:
Registered Gross Weight
Annual Fee
Permanent Fee
0-1,500 lbs.
$ 8.50 $7.50
$52.00
1,501-4,000
49,00 18.00
52.00
4,001 lbs and above
25.50
52.00
31 (2) The license fee for each trailer or semitrailer designed for use as living quarters for human beings
32 shall be twenty-five dollars {$26.00) ($25.00).
33 (3) The license fee for all trailers designed exclusively to transport boats or horses shall be seven
34 dollars and fifty cents ($7.50).
35 (d) There is hereby imposed a license fee, to be paid by the owner, upon each motor vehicle not designed and
36 used for the transportation of passengers, whether operated under lease or not. The amount of the license
37 fee shall be determined by the gross weight of the vehicle or combination of vehicles of which it is a part,
38 when loaded to the maximum capacity for which it is registered and licensed by the state, according to the
39 following schedule:
40
41 Pounds Fee
42 4,000 or Tess $ 25.00 $ 24.00
43 4,001-16,000 3A88 29.00
44 16,001-17,000 388 30.80
45 17,001-18,000 33.10 32.10
46 18,001-19,000 34.49 33.40
47 19,001-20,000 38-:78 34.70
48 20,001-21,000 3-08 36.00
49 21,001-22,000 38:38 37.30
50 22,001-23,000 3968 38.60
51 23,001-24,000 4998 39.90
52 24,001-25,000 42.20 41.20
53 25,001-26,000 113.50 42.50
54 26,001-27,000 4488 43.80
55 27,001-28,000 46.10 45.10
56 28,001-29,000 4740 46.40
57 29,001-30,000 48.70 47.70
58 30,001-31,000 58:88 49.00
59 31,001-32,000 51.30 50.30
60 32,001-33,000 52760 51.60
61 33,001-34,000 53.90 52.90
62 34,001-35,000 55.20 54.20
63 35,001-36,000 66.58 55.50
64 36,001-37,000 57-88 56.80
65 37,001-38,000 5.940 58.10
66 38,001-39,000 6040 59.40
67 39,001-40,000 638 60.70
68 40,001-41,000 630 62.00
69 41,001-42,000 648 63.30
70 42,001-43,000 65.60 64.60
71 43,001-44,000 6690 65.90
72 44,001-45,000 68,20 67.20
73 45,001-46,000 69750 68.50
74 46,001-47,000 7040 69.80
75 47,001-48,000 72.10 71.10
76 48,001-49,000 7-340 72.40
77 49,001-50,000 74.70 73.70
78 50,001-51,000 76480 75.00
79 51,001-52,000 7-730 76.30
80 52,001-53,000 78.60 77.60
81 53,001-54,000 79.90 78.90
82 54,001-55,000 84 80.20
83 55,001-56,000 827-5A 81.50
84 56,001-56,800 83.80 82.80
85 56,801 and over 86 88 85.00
86 (e) In the case of a combination of a truck or tractor truck and a trailer or semitrailer, each vehicle constituting a
87 part of such combination shall be registered as a separate vehicle, and a separate local vehicle license fee shall
88 be imposed thereon, but, for the purpose of determining the gross weight group into which any such vehicle
89 falls pursuant to subsection (d) of this Section, the combination of vehicles of which such vehicle constitutes a
90 part shall be considered a unit, and the aggregate gross weight of the entire combination shall determine such
91 gross weight group. In determining the fee to be paid for the local license for a truck or tractor truck
92 constituting a part of such combination, the fee shall be assessed on the total gross weight of the combination
93 when loaded to the maximum capacity for which it is registered and licensed. However, there shall be no
94 deduction from this fee for the local vehicle license fee of the trailer or semitrailer in the combination.
95 (4)
96
97
98
99
100
101 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2013.
102
103 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2013.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
-40 -
Item -V-L.SUBPART 1.12
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62 799
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Resolution
providing Certification to the Virginia Retirement System re Member Contributions by Salary reduction
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 A RESOLUTION PROVIDING CERTIFICATION TO THE VIRGINIA RETIREMENT
2 SYSTEM REGARDING MEMBER CONTRIBUTIONS BY SALARY REDUCTION
3
4 WHEREAS, the City of Virginia Beach (VRS #55234) (the "City") employees who are Virginia Retirement
5 System members who commence or recommence employment on or after July 1, 2012, shall be required to
6 contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code §
7 414(h) on a pre-tax basis upon commencing or recommencing employment; and
8
9 WHEREAS, the City employees who are Virginia Retirement System members and in service on June 30,
10 2012, shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to
11 Internal Revenue Code § 414(h) on a pre-tax basis no later than July 1, 2016; and
12
13 WHEREAS, such employees in service on June 30, 2012, shall contribute a minimum of an additional one
14 percent of their creditable compensation beginning on each July 1 of 2012, 2013, 2014, 2015, and 2016, or until
15 the employees' contributions equal five percent of creditable compensation; and
16
17 WHEREAS, the City may elect to require such employees in service on June 30, 2012, to contribute more
18 than an additional one percent each year, in whole percentages, until the employees' contributions equal five
19 percent of creditable compensation; and
20
21 WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (SB497) requires an
22 increase in total creditable compensation, effective July 1, 2013, to each such employee in service on June 30,
23 2013, who was also in service with the City on June 30, 2012, to offset the cost of the member contributions, such
24 increase in total creditable compensation to be equal to the percentage increase of the member contribution paid
25 by such pursuant to this resolution (For example, if the member contribution paid by the employee increases from
26 two to three percent pursuant to this resolution, the employee must receive a one percent increase in creditable
27 compensation.).
28
29 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT:
30
31
32
33
34
35
36
37 be made by the City in lieu of member contributions; and
38
The City of Virginia Beach (VRS #55234) does hereby certify to the Virginia Retirement System Board of
Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the
2012 Acts of Assembly (58497) according to the following schedule for the fiscal year beginning July 1, 2013:
BE IT FURTHER RESOLVED, that such contributions, although designated as member contributions, are to
39 BE IT FURTHER RESOLVED, that pick up member contributions shall be paid from the same source of funds
40 as used in paying the wages to affected employees; and
41
42 BE IT FURTHER RESOLVED, that member contributions made by the City under the pick up arrangement
43 shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same
44 manner and to the same extent as member contributions made prior to the pick up arrangement; and
45
46 BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to permit or extend an option to
47 VRS members to receive pick up contributions made by the City directly instead of having them paid to VRS; and
48
Plan 1
Percent
Plan 2
Percent
Employer
Contribution
Paid
Member
3%
Employer
Contribution
Paid
Member
0%
Employee
Contribution
Paid
Member
2%
Employee
Contribution
Paid
Member
5%
Total
5%
Total
5%
BE IT FURTHER RESOLVED, that such contributions, although designated as member contributions, are to
39 BE IT FURTHER RESOLVED, that pick up member contributions shall be paid from the same source of funds
40 as used in paying the wages to affected employees; and
41
42 BE IT FURTHER RESOLVED, that member contributions made by the City under the pick up arrangement
43 shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same
44 manner and to the same extent as member contributions made prior to the pick up arrangement; and
45
46 BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to permit or extend an option to
47 VRS members to receive pick up contributions made by the City directly instead of having them paid to VRS; and
48
49 BE IT FURTHER RESOLVED, that notwithstanding any contractual or other provisions, the wages of each
50 member of VRS who is an employee of the City shall be reduced by the amount of member contributions picked up
51 by the City on behalf of such employee pursuant to the forgoing resolutions; and
52
53 BE IT FURTHER RESOLVED, that in accordance with the Appropriation Act, no salary increases that were
54 provided solely to offset the cost of required member contributions to the Virginia Retirement System under
55 §51.1-144 of the Code of Virginia will be used to certify that the salary increases required by the Appropriations
56 Act have been provided.
57
58 NOW, THEREFORE, the City Manager or designee is hereby authorized and directed in the name of the
59 City to carry out the provisions of this resolution, and said officers are authorized and directed to pay over to the
60 Treasurer of Virginia from time to time such sums as are due to be paid by the City for this purpose.
61
62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of May, 2013.
APPROVED AS TO CONTENT:
r
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
-41 -
Item -V-L.SUBPART 1.13
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operating Budget:
ITEM #62800
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AMEND Section 2-72 of the City Code re elimination of compensation for the Personnel Board
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO AMEND SECTION 2-72 OF THE CITY CODE
PERTAINING TO THE PERSONNEL BOARD
WHEREAS, the Operating Budget eliminates compensation for all City boards.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Sec. 2-72. - Personnel board—Established; composition; appointment, terms and compensation of
members; etc.
13 (c) A majority of the members of the personnel board shall constitute a quorum. Members of the board shall serve
14 on a volunteer basis.
15
16
17
18
19
BE IT FURTHER ORDAINED: That this ordinance shall be effective on the day of adoption.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2013.
APPROVED AS TO CONTENT:
Management'Servicc7s
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
-42 -
Item -V-L.SUBPART 1.14
ORDINANCES: FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Operatinj Budj'et:
ITEM #62801
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AMEND Section 2-452.1 of the City Code re elimination of compensation for the Chesapeake Bay
Area Preservation Board
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1
2
AN ORDINANCE TO AMEND SECTION 2-452.1 OF THE CITY CODE
PERTAINING TO THE CHESAPEAKE BAY AREA PRESERVATION BOARD
3
4 WHEREAS, the Operating Budget eliminates compensation for all City boards.
5
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
8
9 Sec. 2-452.1. - Chesapeake Bay Preservation Area Board.
10 (a)
11 There is hereby created the Chesapeake Bay Preservation Area Board, which shall have such authority as
12 is conferred upon it by the provisions of the Chesapeake Bay Preservation Area Ordinance. Such board
13 shall consist of nine (9) members, who shall be appointed by the city council for terms of three (3) years;
14 provided, however, that original appointments shall be made as follows: Three (3) members shall be
15 appointed for a term of three (3) years, two (2) members for a term of two (2) years, and two (2)
16 members for a term of one (1) year. Members may serve for no more than three (3) consecutive three -
17 year terms in addition to an initial term, if such initial term is Tess than three (3) years, but a member
18 whose term expires shall continue to serve until his successor is appointed and qualifies. Appointments to
19 fill vacancies shall be for the unexpired portion of the term. Members of the board shall be appointed on
20 a volunteer basis
21
22
23
24
25
26
.. - -
attenled and shall be reimbursed for their necessary expenses in discharging their duties.
BE IT FURTHER ORDAINED: That this ordinance shall be effective on the day of adoption.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of May, 2013.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
/
•i
City Atto rney'sOffice
-43 -
Item -V-L.SUBPART 2.1
ORDINANCES : FY2013-14 RESOURCE MANAGEMENT PLAN
Ordinances that support the Capital Budget:
ITEM #62802
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to ADOPT the FY 2014/FY 2019 Capital Improvement Program and APPROPRIATE $274,950,286 for
the FY 2014 Capital Budget, subject to funds being provided from various sources set forth therein
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO ADOPT THE FY 2014/FY 2019 CAPITAL
2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $274,950,286 FOR
3 THE FY 2014 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED
4 FROM VARIOUS SOURCES SET FORTH HEREIN
5 WHEREAS, the City Manager, on March 26, 2013, presented to City Council the Capital Improvement Program for
6 fiscal years 2014 through 2019;
7
8 WHEREAS, City Council held public hearings on the program to provide for public comment;
9
10 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital
11 Improvement Program; and
12
13 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2014 fiscal
14 year, as set forth in said Capital Improvement Program.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
17
18 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital
19 facilities identified for fiscal years 2014 through 2019 is hereby adopted, and the projects listed therein are hereby
20 approved as capital projects.
21
22 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until
23 funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any
24 manner at any time by City Council.
25
26 Section 3. That funds in the amounts aggregating $274,950,286 for capital projects in the Capital Budget for the
27 2014 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the
28 conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A — Capital Budget
29 Appropriations," a copy of which is attached hereto.
30
31 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget
32 for the 2014 fiscal year as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B —
33 Financing Sources."
34
35 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said
36 Capital Improvement Program and reallocated as identified in "Attachment C — Transfers," a copy of which is attached
37 hereto.
38
39 Section 6. That reductions in financing sources in support of the Capital Budget for the 2014 fiscal year as set forth in
40 said Capital Improvement Program are attached to this ordinance as "Attachment D — Reductions in Non -City Funding."
41
42 Section 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be
43 initiated except with the consent and approval of the City Council first being obtained. An appropriation for a project in the
44 Capital Improvement Program shall continue in force, and, to the extent required by law, re -appropriated for use in FY
45 2013-14 until the purpose for which it was made has been accomplished or abandoned.
46
47 Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects,
48 must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract.
49
50 Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the
51 Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000
52 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 Section 12. That the Capital Improvement Program debt management policies contained and included in the
73 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report
74 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those
75 guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose
76 modifications to those policies and guidelines through the Resource Management Plan.
77
78 Section 13. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real
79 property necessary for the project is authorized by means of voluntary negotiation with willing sellers.
80
81 Section 14. That violation of this ordinance shall result in the City Manager taking disciplinary action against the
82 person or persons responsible for the capital project in which the violation occurred.
83
84 Section 15. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such
85 decision shall not affect the validity of the remaining portions of this ordinance.
86
87 Section 16. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY
88 2014 Capital Budget shall be effective on July 1, 2013.
89
90 Adopted by the City Council of the City of Virginia Beach, Virginia on this 14th day of May, 2013.
91
92 Requires an affirmative vote of the majority of City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
CityAtttSrn:' s "ice
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project Appropriations
Number Projects FY 2013-14
Buildings - CRO
3006000 Coastal Conservation Garden & Outdoor Adventure Park 543,736
3019000 Adam Thoroughgood House Visitor Center 244,826
3028000 Aquarium Marsh Pavilion Enhancements 1,158,955
3103000 Heritage Building - Maintenance Program 100,000
3146000 VA Aquarium Bldg Systems & Facility Infrastructure 1,200,000
3278000 Virginia Aquarium Renewal and Replacement II 300,000
Buildings - FYO
3510000 Intermediate Care Facilities Renewal/Replacement
Buildings - QPE
3136000 Various Buildings HVAC Rehabilitation & Renewal III
3137000 Various Buildings Rehabilitation and Renewal III
3139000 Various Site Acquisitions II
3503000 Housing Resource Center
Buildings - SC
3133000 Fire Training Center Improvements III
3134000 Fire Apparatus III
3248000 Fire and Rescue Station - Blackwater
3506000 Fire Facility Rehabilitation and Renewal III
Coastal
Total Buildings - CRO Projects 3,547,517
Total Buildings - FYO Projects
Total Buildings - QPE Projects
Total Buildings - SC Projects
269,133
269,133
975,336
1,684,733
1,838,997
3,194, 339
7,693,405
400,000
2,314,986
4,817,616
479,114
8,011,716
8003000 Landfill #2 Phase I Capping 11,848,122
8010000 Sandbridge Beach Restoration II 5,000,000
8405000 Sandbridge Beach Access Improvements II 300,000
8500000 Old Donation Creek Area Dredging 65,651
8501000 Bayville Creek Neighborhood Dredging 48,751
8502000 Shadowlawn Area Dredging 25,088
Total Coastal Projects 17,287,612
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project Appropriations
Number Projects FY 2013-14
Communications and IT - QO
3052000 CIT- IT Service Continuity 1,248,972
3068000 CIT - IT Network Infrastructure Replacement II 300,000
3119000 CIT - Cable Access Infrastructure Replacement I 322,000
3605000 CIT - Payment Card Industry Security Comp SAQ C 390,000
3608000 CIT - Disaster Recovery Data Center Power/Security 592,078
3646000 CIT - eGIS Base Map Updates 287,500
3652000 CIT - Telecommunications Replacement II 104,494
Total Communications and IT - 00 Projects
Communications and IT - QPE
3632000 CIT - Planning Business System Integration Accela II
Total Communications and IT - QPE Projects
Communications and IT - SC
3,245,044
1,344,413
1,344,413
3095000 CIT -Police Integrated Public Safety Record Management System 3,367,023
3142000 CIT -Communications Infrastructure Replacement II 2,882,451
3606000 CIT -Fire Station Alerting 1,000,000
Total Communications and IT - SC Projects 7,249,474
Economic and Tourism Dev - EV
9001000 Sandbridge Market Restrooms 351,323
9006000 Winston-Salem Avenue Improvements 865,000
9007000 Resort Public Transit Relocation 250,000
9060000 Oceana & Interfacility Traffic Area Conformity & Acquisition 10,810,146
9081000 Strategic Growth Area Projects 1,725,000
9082000 Oceanfront Parking Facilities Capital Maintenance 800,000
9083000 Town Center Garage and Plaza Capital Maintenance 283,564
9095000 Arctic Avenue Parking Facility 9,749,750
9096000 Oceanfront Capital Projects Reinvestment 600,000
9108000 29th Street Improvements 3,200,000
9141000 Economic Development Investment Program (On -Going) 2,763,689
9500000 Virginia Beach Amphitheater Capital Maintenance 200,000
9505000 Cleveland Street - Phase I 660,000
Total Economic and Tourism Dev - EV Projects 32,258,472
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project Appropriations
Number Projects FY 2013-14
Parks and Recreation
4025000 Woodstock Cove Neighborhood Park Shoreline Re -Construction 742,623
4064000 City Bikeways & Trails Plan Implementation II 475,000
4080000 Sportsplex/Field Hockey National Trng Ctr Rep/Reno I 415,356
4300000 Community Recreation Centers Repairs & Renovations III 2,686,115
4301000 Parks & Special Use Facilities Development & Reno. III 1,151,727
4302000 Golf Courses Contractual Obligations - Maintenance I 120,000
4303000 Greenways, Scenic Waterways & Natural Areas III 150,000
4305000 Tennis Court Renovations III 200,000
4306000 Open Space Park Development and Maintenance II 1,500,000
4307000 Athletic Fields Lighting & Renovations III 200,000
4308000 Open Space Program Site Acquisition III 300,000
4309000 Mount Trashmore Signature Park Renovations II 250,000
4500000 Park Playground Renovations III 300,000
4502000 Lynnhaven Boat Ramp & Beach Facility Repairs/Reno I 50,000
4505000 Replacement of Bow Creek Recreation Center 1,000,000
4506000 Parks Infrastructure Renewal and Replacement 1,000,000
4517000 Stumpy Lake Golf Course Contractual Obligations I 27,000
Total Parks and Recreation Projects 10,567,821
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project Appropriations
Number Projects FY 2013-14
Roadways
2022000 Major Bridge Rehabilitation II 660,000
2024000 Rural Road Improvements II 200,000
2025000 Witchduck Road - Phase H 7,633,860
2026000 Street Reconstruction II 2,150,000
2027000 Various Cost Participation Projects II 25,000
2028000 Wetlands Mitigation Banking II 100,000
2030000 First Colonial Rd/Laskin Rd Intersection Improvements 1,000,000
2032000 Lynnhaven Pkwy/International Pkwy Intersection Improvements 2,800,153
2033000 Princess Anne Road Phase VII -A 300,000
2034000 South Independence Blvd/Silverleaf Dr Intersection Improvements 350,000
2038000 Rosemont Road - Phase V 400,000
2041000 Dam Neck Road - Phase I 700,000
2042000 Indian River Rd/Providence Rd Intersection Improv. 650,000
2045000 Pacific Avenue Improvements 5,000,000
2048000 Princess Anne Rd./Kempsville Rd. Inter. Impr. 999,985
2072000 First Colonial RdNa. Beach Blvd. Intersection Imp. 8,601,938
2117000 Shore Drive Corridor Improvements - Phase III 2,297,533
2152000 Elbow Road Extended - Phase II 3,637,897
2160000 Citywide Street Lighting Improvements II 60,000
2167000 Lynnhaven Parkway - Phase XI (VDOT) 1,398,602
2168000 Lesner Bridge Replacement 18,640,000
2176000 Transportation Network Modeling 600,000
2195000 Princess Anne Road - Phase VII 5,336,846
2300000 Traffic Safety Improvements III 2,281,817
2305000 Princess Anne Road - Phase IV (VDOT) 108,900
2401000 Greenwich Rd Crossover & Cleveland St Improvements 6,275,750
2409000 Centerville Turnpike - Phase II 1,499,747
2410000 Traffic Signal Rehabilitation II 100,000
2414000 Shipps Corner Road Improvements 1,150,000
2416000 Sandbridge Road Bridge Replacement 400,000
2418000 Indian River Rd/Kempsville Rd Intersection Improvements 6,381,149
Total Roadways Projects 81,739,177
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project Appropriations
Number Projects FY 2013-14
Schools
1001000 Renovations and Replacements - Energy Management 500,000
1099000 Renovations and Replacements - Grounds - II 750,000
1103000 Renovations and Replacements - HVAC Systems - II 1,883,022
1104000 Renovations and Replacements - Reroofing - II 1,213,300
1105000 Renovations and Replacements - Various - II 1,100,000
1106000 Kellam High School Replacement 23,712,700
1109000 Energy Performance Contracts (Schools) 2,500,000
1232000 Tennis Court Renovations 300,000
1233000 Consolidated Old Donation Ctr/Kemps Landing Magnet 3,315,000
Total Schools Projects 35,274,022
Sewer Utility
6019000 Resort Area Neighborhood Revitalization 1,200,000
6041000 Pump Station Modifications V 3,610,000
6057000 Holland Road - Phase VI Sewer Improvements (VDOT) 2,450,000
6061000 Utilities Emergency Response Program II 100,000
6070000 Infiltration, Inflow and Rehabilitation V 4,300,000
6075000 Laskin Road Sewer Improvements - Phase I (VDOT) 150,000
6090000 Clean Water Act Compliance Studies I 100,000
6091000 Sewer Requests & Agreements VI (51% Program) 50,000
6093000 Consent Order Rehabilitation Plan Implementation I 5,200,000
6405000 Customer Information System Version Migration 100,000
6501000 Auxiliary Power Program -Sewer Pump Stations -Phase III 2,580,000
6550000 Comprehensive Sewer Master Planning V 100,000
6551000 System Expansion Cost Participation Agreements III 600,000
6552000 Sanitary Sewer System Revitalization Program II 5,000,000
6555000 Utility Crossings Condition Assessment Program II 400,000
6556000 Various Roadway/Storm Water Coordination VI 400,000
6559000 Sanitary Sewer Asset Management Program 111 500,000
6564000 Relocation of Sewer Cleanouts - North Landing Rd 100,000
6565000 Computerized Mapping & Infrastructure Mgmt III 100,000
6566000 Nimmo Parkway Sanitary Sewer Extension -Phase V (VDOT) 135,000
6804000 Sanitary Sewer Regulatory Compliance Program 1 3,500,000
6953000 Sewer Tap Installation Program 11 300,000
Total Sewer Utility Projects 30,975,000
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project Appropriations
Number Projects FY 2013-14
Storm Water
7016000 South Lake Holly Watershed 500,000
7023000 Primary System Infrastructure Improvements II 770,000
7026000 Residential Drainage Cost Participation Program II 50,000
7027000 SWM Master Planning, Analysis, and Inventory 225,000
7028000 Windsor Woods Drainage 1,000,000
7038000 Thoroughgood Drainage 200,000
7151000 Eastern Shore Drive Drainage 10,000,000
7153000 Lynnhaven Watershed Restoration 300,000
7159000 Water Quality Participation Projects 100,000
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 II 125,000
7414000 Storm Water Quality Enhancements II 2,594,828
7415000 Lake Management II 4,353,280
7416000 SW Infrastructure Rehabilitation & Improvements II 5,224,872
Total Storm Water Projects 26,462,480
Water Utility
5024000 Holland Road - Phase VI Water Improvements (VDOT) 2,350,000
5027000 Lesner Bridge Water Line Replacement 250,000
5030000 Shore Drive Water Line Improvements - Phase III (VDOT) 335,000
5046000 Utilities Emergency Response Program II 100,000
5148000 Elbow Rd. Ext. Water Improvements - Phases I & 11 (VDOT) 50,000
5207000 Laskin Road Water Improvements - Phase I (VDOT) 150,000
5250000 Potable Wells Evaluation Program III 100,000
5251000 Various Roadway/Storm Water Coordination VI 300,000
5252000 Water Quality Program IV 100,000
5254000 Water Requests & Agreements (51% Program) VI 50,000
5260000 Utility Crossings Condition Assessment II 350,000
5405000 Customer Information System Version Migration 100,000
5407000 Computerized Mapping & Infrastructure Mgmt III 100,000
5452000 Comprehensive Water Master Planning VI 400,000
5501000 Water Transmission System Upgrade Pgm I 2,740,000
5708000 Resort Area Neighborhood Revitalization 500,000
5804000 Water Line Extension, Replacement & Rehab Pgm I 400,000
5805000 Water Utility Asset Management Program I 500,000
5953000 Water Tap Installation Program II 150,000
Total Water Utility Projects 9,025,000
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project Appropriations
Number Projects FY 2013-14
Total Capital Budget 274,950,286
I
City of Virginia Beach, Virginia
Attachment B — Financing Sources
Financing Sources
Federal Contribution
Franchise Fees
Fund Balance - General Fund
Fund Balance - Other
General Appropriations
General Obligation Bonds
Lease of Properties (BRAC)
Lease of Property
Lease -Purchase
Medicaid Cost Settlement
Other Localities
Parking Enterprise Fund
Private Contribution
Public Facility Bonds
Retained Earnings - Telecommunications
Retained Earnings - Water and Sewer Fund
State Contribution
Storm Water Utility Bonds
Storm Water Utility Fund
Water and Sewer Bonds
Water and Sewer Fund
Capital Budget
FY 2013-14
6,516,096
322,000
22,233,023
2,969,095
28,837,089
73,791,959
110,146
98,172
2,989,807
269,133
9,500,000
800,000
746,560
36,186,279
104,494
5,000,000
23,013,953
12,500,000
13,962,480
27,000,000
8,000,000
Total Capital Budget 274,950,286
Attachment C - Transfers
Project #
Appropriations
Prior to
FY 2013-14
Cultural and Recreational Opportunities
Parks and Recreation Projects
Transfer To:
4064000 City Bikeways & Trails Plan Implementation - II $ 769,229
4301000 Parks & Special Use Facilities Development & Renovations - III 92,506
4303000 Greenways, Scenic Waterways, and Natural Areas - III 70,000
4306000 Open Space Park Development & Maintenance II 15,410
Transfer From:
4018000 Greenways, Scenic Waterways, and Natural Areas - Phase II
4055000 Open Space Park Development & Maintenance Phase I
4074000 Bikeways & Trails Plan Implementation - Phase I
4304000 Recreation Office & Storage Facility at School Sites - Phase III
Total Transfer To: $ 947,145
15,410
70,000
769,229
92,506
Total Transfer From: $ 947,145
Buildings
Transfer To:
3146000 VA Aquarium Bldg Systems & Facility Infrastructure $ 114,434
Total Transfer To: $ 114,434
Transfer From:
3041000 Aquarium Elevated Pedestrian Bridge $ 114,434
Total Transfer From: $ 114,434
Quality Physical Environment
Roadways
Transfer To:
2-150 Salem Road/Princess Anne Road Intersection Improvements (Federal Revenue) $ 204,260
2-150 Salem Road/Princess Anne Road Intersection Improvements 65,811
2-157 Lynnhaven Parkway - Phase IX 273,000
2-161 Traffic Signal Retimining (Federal Revenue) 945,100
2-190 Congestion Relief (State Revenue) 700,000
2-256 Indian River Road - Phase VII (Federal Revenue) 3,610,000
2-305 Princess Anne - Phase IV (VDOT) 1,900,000
2-401 Greenwich Road Crossover and Cleveland Street Improvements 825,000
2-931 Witchduck Road — Phase I (Federal Revenue) 9,147,228
2-931 Witchduck Road — Phase I 179,284
Total Transfer To: $
Transfer From:
2-007 Shipps Corner Rd Bridge Replacement
2-021 Rural Road Improvements
2-071 Baker Road Extended
2-083 Diamond Springs Road Bridge Replacement
17,849,683
151,998
73,164
50,000
176,964
1
Attachment C - Transfers
Appropriations
Prior to
Project # FY 2013-14
2-137 1-264 - Great Neck Ramps 142,417
2-150 Salem Road/Princess Anne Road Intersection Improvements (State Revenue) 204,260
2-161 Traffic Signal Retimining (State Revenue) 945,100
2-186 Norfolk Southern ROW 8,327
2-190 Congestion Relief (Federal Revenue) 700,000
2-208 Constitution Drive Extended 123,436
2-256 Indian River Road - Phase VII (State Revenue) 3,610,000
2-257 Lynnhaven Parkway/Volvo Parkway 61,510
2-268 Wetlands Mitigation Banking 50,000
2-285 Traffic Safety Improvement 670,037
2-412 Cleveland Street/Clearfield Avenue Improvements 825,000
2-502 West Neck Road 803,515
2-731 Shore Drive Interim Improvements 106,727
2-931 Witchduck Road — Phase I (State Revenue) 9,147,228
Total Transfer From: $ 17,849,683
Storm Water
Transfer To:
7151000 Eastern Shore Drive Drainage $ 1,304,357
Total Transfer To: $ 1,304,357
Transfer From:
7010000 Elizabeth River Shores $ 200,000
7033000 Rosemont Forest Drainage 900,000
7145000 Arctic -Baltic Drainage 104,357
7902000 North Beach Drainage 100,000
Total Transfer From: $ 1,304,357
Coastal
Transfer To:
8005000 Western Branch Lynnhaven Dredging $ 1,250,000
8502000 Shadowlawn Area Dredging 59,616
Transfer From:
8008000 Beach Replenishment
Total Transfer To: $ 1,309,616
$ 1,309,616
Total Transfer From: $ 1,309,616
Water and Sewer Utility Projects
Transfer To:
6041000 Pump Station Modifications V $ 3,565,220
6550000 Comprehensive Sewer Master Planning V 300,000
Total Transfer To: $ 3,865,220
Project #
Transfer From:
5131000
5163000
5165000
5202000
5303000
5402000
5802000
5806000
5951000
5967000
6033000
6065000
6066000
6067000
6089000
6401000
6505000
6506000
6567000
6603000
6612000
6613000
6938000
6951000
Attachment C - Transfers
Appropriations
Prior to
FY 2013-14
Water Tank Upgrade Program - Phase II
Various Water Infrastructure Maintenance Support Program
Shore Drive Water Line Improvements
Laskin Road - Phase II & Gateway Water Improvements (VDOT)
Water Quality Program - Phase III
Flow Monitoring Program - Phase II
Utility Crossings Condition Assessment - Phase I
Backflow Prevention & Cross Connection Pgm 11
Water Tap Installation Program - Phase I
Water Resources Investigation & Planning I
Infiltration, Inflow, & Rehabilitation - Phase 111
Infiltration, Inflow, & Rehabilitation - Phase IV
Pump Station Modifications - Phase IV
Various Roadway/Storm Water Coordination - Phase IV
Comprehensive Sewer Master Planning - Phase IV
Records Management Improvements
Princess Anne Plaza Rehabilitation - Phase 11
Sanitary Sewer System Revitalization Program - Phase 1
Sewer Pump Station Backflow Prevention Modifications
Witchduck Road - Phase I Sewer Improvements
Pump Station Wet Well Revitalization - Phase 1
Auxiliary Power Program - Sewer Pump Stations - Phase 11
Princess Anne Plaza Rehabilitation
Sewer Tap Installation Program - Phase I
Various Business Areas
Transfer To:
3368000 Various Site Acquisitions
9060000 Oceana & Interfacility Traffic Area Conformity & Acquisition
Transfer From:
3137000 Various Buildings Rehabilitation and Renewal - Phase III
3139000 Various Site Acquisitions II
3262000 TCC Expansion/Operation Smile Headquarters
9060000 Oceana & Interfacility Traffic Area Conformity & Acquisition
$ 7,649
55,948
6,894
248,577
6,109
75,000
470
1,200,000
114,121
200,000
1,446
100,196
125,349
5,750
300,000
84,552
85,723
33,405
400,000
97,044
71,183
37,970
31,048
576,786
Total Transfer From: $ 3,865,220
121,648
1,824,348
Total Transfer To: $ 1,945,996
Total Transfer From:
550,820
473,528
800,000
121,648
$ 1,945,996
I
Project #
Attachment D - Reductions in Non -City Funding
Amount of
Reduction in
Appropriations
Prior to Funding
FY 2013-14 Source
Quality Physical Environment
Coastal
8003000 Landfill # 2 Phase I Capping
8933000 Landfill # 2 Expansion
$ 2,973,780 Southeastern Public Service Authority
399,471 Southeastern Public Service Authority
Total Reduction: $ 3,373,251
Roadways
2-048 Princess Anne Rd./Kempsville Rd. Inter. $ 999,985 State Revenue
Impr.
2-150 Salem Road/Princess Anne Road 423,675 State Revenue
Intersection Improvements
2-190 Congestion Relief 2,924,151 Federal Revenue
Total Reduction: $ 4,347,811
Item -V-L.SUBPART 2.2
ORDINANCES/RESOLUTIONS
Ordinances that support the Capital Budget:
-44-
ITEM #62803
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AUTHORIZE Issuance of General Obligation Public Improvement Bonds of the City of Virginia
Beach, Virginia, in the maximum amount of $68,120,000 for Various Public Facilities and General
Improvements
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
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 $68,120,000 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 $68,120,000, 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 $68,120,000 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 amount of $68,120,000, 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 manner 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 14th day of May, 2013.
47
48 Adoption requires the affirmative vote of two-thirds of all members of the City Council.
II
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services
Item -V-L.SUBPART 2.3
ORDINANCES/RESOLUTIONS
Ordinances that support the Capital Budjet:
-45-
ITEM #62804
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AUTHORIZE the Issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $27,000,000
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER
2 SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN
3 THE MAXIMUM AMOUNT OF $27,000,000
4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and sewer
5 system revenue bonds in the maximum amount of $27,000,000 for financing improvements and expansions to the City's
6 water and sewer system (the "System"), as permitted by the City Charter without submitting the question of their issuance
7 to the qualified voters.
8
9 WHEREAS, City Council held public hearings on the program to provide for public comment;
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
12
13 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving
14 and extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the
15 orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of
16 $27,000,000 and issuing the City's revenue bonds therefore.
17
18 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued
19 water and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with
20 other available funds, for financing the costs of improvements and expansions to the System.
21
22 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their
23 dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and
24 in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
25
26 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited
27 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City
28 from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not
29 be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia
30 or of any country, city, town, or other political subdivision of the Commonwealth, including the City. The issuance of the
31 bonds and the undertaking of the covenants, conditions, and agreements to be contained in resolutions to be adopted or
32 agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City,
33 or any other political subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation
34 therefore, except from the revenues pledged to the payment of the principal of and premium, if any, and interest on the
35 bonds.
36
37 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of
38 the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect
39 such rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from
40 time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if
41 any, and interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and
42 agreements shall also include such additional covenants, agreements, and other terms as are customary for the protection
43 of the holders of water and sewer revenue obligations.
44
45 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the
46 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of
47 the issuance of the bonds.
48
49 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a
50 certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
51
52 8. That this ordinance shall be in full force and effect from its passage.
53
54
55
56
Adopted by the Council of the City of Virginia Beach, Virginia on this 14th day of May, 2013.
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:
Item -V-L.SUBPART 2.4
ORDINANCES/RESOLUTIONS
Ordinances that support the Capital Budjiet:
-46-
ITEM #62805
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AUTHORIZE the Issuance of Storm Water Utility System Revenue Bonds of the City of Virginia
Beach, Virginia, in the maximum amount of $12,500,000
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
May 14, 2013
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER
2 UTILITY SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH,
3 VIRGINIA, IN THE MAXIMUM AMOUNT OF $12,500,000
4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water
5 utility system revenue bonds in the maximum amount of $12,500,000 for financing improvements and expansions to the City's
6 storm water utility system (the "System"), as permitted by the City Charter without submitting the question of their issuance to
7 the qualified voters.
8
9 WHEREAS, City Council held public hearings on the program to provide for public comment;
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of
13 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the
14 orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of
15 $12,500,000 and issuing 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
18 issued storm water utility system revenue bonds of the City in the maximum amount of $12,500,000 to provide funds, together
19 with other 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
22 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times
23 and in such 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 shall be limited
26 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from
27 the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed
28 to create or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any county,
29 city, town, or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the
30 undertaking of the covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be
31 entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political
32 subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore except from
33 the revenues pledged 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
36 of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect
37 such rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to
38 time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and
39 interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements
40 shall also include such additional covenants, agreements, and other terms as are customary for the protection of the holders of
41 storm water revenue obligations.
42
43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the
44 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the
45 issuance of the bonds.
46
47 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a
48 certified copy of this ordinance with the Clerk of 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 Council of the City of Virginia Beach, Virginia on this 14th day of May, 2013.
53 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
-47-
Item-V-L.SUBPART 3.1a/b/c/d/e and f
ORDINANCES/RESOLUTIONS
Planning Ordinances that support the Operating Budget:
ITEM #62806
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
upon Applications of the CITY OF VIRGINIA BEACH (Budget) to AMEND the City Zoning Ordinance
(CZO):
a. Section 106 re fee for an appeal to the Board of Zoning Appeals
b. Sections 107 and 108 re fees for a petition to amend, supplement or change the District
boundaries or classification of property and the fee for public notice signs
c. Section 221 re the fees for a Conditional Use Permit
d. Section 105 re application fee for enlargement, extension, or conversion of a
Nonconforming Use
e. Section 1403(c) re fee for an application to the Wetlands Board
f Section 1603 re fee for an application to the Wetlands Board involving Coastal Primary
Sand Dunes
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
I
1 AN ORDINANCE TO AMEND SECTION 106
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO THE FEE FOR AN APPEAL
4 TO THE BOARD OF ZONING APPEALS
5
6 Section Amended: City Zoning Ordinance §106
7
8 WHEREAS, the public necessity, convenience, general welfare, and good zoning
9 practice so require;
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
14 That Section 106 of the City Zoning Ordinance, is hereby amended and
15 reordained, to read as follows:
16
17 ARTICLE 1. GENERAL PROVISIONS
18
19
20
21 Sec. 106. Appeals and variances.
22
23 (a) The board of zoning appeals shall hear and decide appeals from any
24 order, requirement, decision, or determination made by an administrative officer in the
25 administration or enforcement of this ordinance. An appeal shall be filed with the zoning
26 administrator, and include the grounds of appeal, within thirty (30) days of the date of
27 the decision appealed, unless the notice of violation involves temporary or seasonal
28 commercial uses, parking of commercial trucks in residential zoning districts, or similar
29 short-term recurring violations, in which case the appeal period is ten (10) days from the
30 date of the notice of violation. All decisions not timely appealed shall be final and
31 unappealable. In addition thereto, the board shall have such other powers and duties as
32 are set forth in Code of Virginia, § 15.2-2309; provided, however, that the board shall
33 have no authority to hear and decide applications for conditional use permits, and
34 provided further, that written notice as prescribed in Code of Virginia, § 15.2-2204 shall
35 be given at least fifteen (15) days prior to the hearing before the board. The cost of the
36 public notices required by Section 15.2-2204 of the Code of Virginia shall be charged to
37 the applicant.
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52 .
53
54
55
56 This ordinance changes the fee for an appeal to the Board of Zoning Appeals from $200 to
57 $250 for a single-family residence, semi-detached residence or duplex. For all other applications,
58 the fee will be increased from $300 to $350. This ordinance also charges the cost of public notices,
59 signs and notification to adjacent property owners to the applicant.
60
61 The effective date of this ordinance shall be July 1, 2013.
(c) Every application concerning a single-family residence, semi-detached
residence or duplex to the board of zoning appeals shall be accompanied by a fee of
two hundred and fifty dollars ($200250.00), and all other applications shall be
accompanied by a fee of three hundred and fifty dollars ($3-00350.00). ;
application. Each lot upon which a variance is requested shall be the subject of a
separate application and a separate fee; provided, however, that variances from the
setback and landscaping provisions of section 201(e)(1), pertaining to fences and walls,
may be the subject of a single application and fee where the following conditions are
met
COMMENT
14th
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of May , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
CA12607
R-4
April 29, 2013
City Attorney's Office
2
BOARD OF ZONING APPEALS FEE / RESIDENTIAL USES (Average costs per application)
ACTION
HOURS
RATE (per hour)
TOTAL COST
Administrative Support 1
0.35
$ 25.00
$ 8.75
Professional Staff z
2.50
35.00
87.50
3.00
20.00
60.00
2.40
25.00
60.00
1.00
50.00
50.00
COST OF REVIEW 3
$
266.25
PROPOSED FEE °
$
250.00
Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately
(approximately $85 per application).
1 intake of application; routing of application; preparation of legal advertisements and submission to newspaper; preparation and
issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and
mailing of notice; support and recordkeeping; entry into database of final action; placing final processed file into two-year local
storage; and processing file for long-term storage after two years.
2 review of applications submitted; visit to location of subject site to document existing conditions and surrounding area; participation
with complete team in review of all applications submitted; correspondence and meetings with applicant; correspondence and
meetings with citizens and others interested in the request; meetings with other agencies to resolve issues identified during their
review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Board; and
finalizing file after action taken.
3total cost does not include costs incurred by other City departments in their review of each application proposal routed to them.
4cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application).
BOARD OF ZONING APPEALS FEE / NON-RESIDENTIAL USES (Average costs per application)
ACTION
HOURS
RATE (per hour)
TOTAL COST
Administrative Support 1
0.35
$ 25.00
$ 8.75
Professional Staff 2
3.50
35.00
122.50
4.00
20.00
80.00
3.00
25.00
75.00
2.00
50.00
100.00
COST OF REVIEW 3
$
386.25
PROPOSED FEE °
$ 350.00 (non -res.)
Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately
(approximately $85 per application).
1 intake of application; routing of application; preparation of legal advertisements and submission to newspaper; preparation and
issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and
mailing of notice; support and recordkeeping; entry into database of final action; placing final processed file into two-year local
storage; and processing file for long-term storage after two years.
2 review of applications submitted; visit to location of subject site to document existing conditions and surrounding area; participation
with complete team in review of all applications submitted; correspondence and meetings with applicant; correspondence and
meetings with citizens and others interested in the request; meetings with other agencies to resolve issues identified during their
review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Board; and
finalizing file after action taken.
3total cost does not include costs incurred by other City departments in their review of each application proposal routed to them.
4cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application).
I
1 AN ORDINANCE TO AMEND SECTIONS 107 AND 108 OF
2 THE CITY ZONING ORDINANCE, PERTAINING TO
3 APPLICATION FEES FOR A PETITION TO AMEND,
4 SUPPLEMENT OR CHANGE THE DISTRICT
5 BOUNDARIES OR CLASSIFICATION OF PROPERTY AND
6 THE FEE FOR PUBLIC NOTICE SIGNS
7
8 Sections Amended: City Zoning Ordinance Sections 107 and
9 108
10
11 WHEREAS, the public necessity, convenience, general welfare, and good zoning
12 practice so require;
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16
17 That Sections 107 and 108 of the City Zoning Ordinance are hereby amended
18 and reordained, to read as follows:
19
20 ARTICLE 1. GENERAL PROVISIONS
21
22
23
24 Sec. 107. Amendments.
25
26
27
28 (c) Planning commission action; notice of public hearing. Before making any
29 recommendation on a proposed amendment, the planning commission shall give notice
30 of a public hearing thereon, as set forth in Section 15.2-2204 of the Code of Virginia, as
31 amended, or any successor statute; provided, however, that written notice as prescribed
32 therein shall be given at least fifteen (15) days prior to the hearing and in the case of a
33 condominium or a cooperative, the written notice may be mailed to the unit owners'
34 association or proprietary lessees' association, respectively, in lieu of each individual
35 owner. In the case of a proposed change of zoning district classification, the public
36 notice shall state the general usage and density range of the proposed zoning district
37 classification and the general usage and density range, if any, set forth in the applicable
38 part of the comprehensive plan; provided, however, that where a conditional change of
39 zoning is sought, the public notice shall state the proposed uses and density sought in
40 the petition. The cost of the public notices required by Section 15.2-2204 of the Code of
41 Virginia shall be charged to the applicant.
42
43
44 (g) Fee. A petition to amend, supplement or change the district boundaries or
45 classification of property shall be accompanied by a fee in the amount of nine hundred
46 dollars ($900.00),
47 one hundred (100) acres; provided, that where such a petition is submitted as a
48 conditional zoning, the fee shall be in the amount of one thousand two hundred dollars
49 ($1,200.00). A petition of any property owner for a reconsideration of proffered
50 conditions shall be accompanied by a fee in the amount of twe five hundred dollars
51 ($200500.00).
52
53 ....
54
55 Sec. 108. - Posting of signs relating to applications for rezoning, etc.
56
57 (a) In any case in which a property owner or other authorized person petitions the
58 city council for the approval of any application seeking a rezoning, conditional use
59 permit, approval of a PD -H1 or PD -H2 land use plan, special exception, resolution
60 pertaining to a nonconforming use or structure, subdivision or floodplain variance or
61 reconsideration of conditions, the applicant shall erect, on the property which is the
62 subject of the application or within the unimproved portion of the abutting public street, a
63 sign of a size, type and lettering approved by the planning director. All such signs shall
64 be posted and maintained in such manner as to be unobscured by vegetation or other
65 obstructions. One such sign shall be posted within ten (10) feet of the paved portion or,
66 if present, the sidewalk of every public street adjoining the property or in such alternate
67 location or locations as may be prescribed by the planning director. The cost of such
68 signs shall be charged to the applicant. Such sign shall be erected not less than thirty
69 (30) days before the planning commission hearing, or if none, the city council hearing,
70 and shall state the nature of the application and date and time of the hearing. Such
71 signs may not be removed until the city council has acted upon the application, and
72 shall be removed no later than five (5) days thereafter. In any case in which the
73 planning commission or city council determines that the requirements of this section
74 have not been met, the application shall be deferred; provided, however, that the city
75 council may, for any other appropriate reason, deny such application.
76
77 ....
78
79
:. 111 -
2
I
80 COMMENT
81
82 The amendments keep the fee for straight rezoning at $900 and delete the portion that
83 requires additional costs per acre and raise the fee to $1200 for conditional rezoning. A
84 modification of a rezoning requires a fee of $500. Applicants will also be charged the cost of any
85 signs that must be posted and the cost of notices required by the Virginia Code, including media
86 advertising and adjacent property owner notification.
87
88 The effective date of this ordinance shall be July 1, 2013.
89
14th
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of May , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
CA12601
R-4
April 29, 2013
City Attorney's Office
3
REZONING APPLICATION FEE -- NO PROFFERS (Average costs per application)
ACTION
HOURS
RATE (per hour)
TOTAL COST
Administrative Support1
8.0
$ 20.00
$ 160.00
Professional Planning Staff 2
30.0
35.00
1,050.00
Planning Evaluation Coordinator 3
5.5
40.00
220.00
Current Planning Coordinator °
1.5
50.00
125.00
Director of Planning 51.0
60.00
60.00
COST OF REVIEW 6
$
1,615.00
PROPOSED FEE 7
$ 900.00
Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately
(approximately $170 per application).
1 intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map
preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and
submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of
public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of
notice; support and recordkeeping before and during Planning Commission Hearing; preparation of Hearing Minutes; preparation of
legal advertisements for City Council meetings and submission to City Clerk; preparation of Approval of Denial Letter after City Council
and mailing of same after review by Planning Evaluation Coordinator; entry into database of final action and change to zoning map for
new category; placing final processed file into two-year local storage; and processing file for long-term storage after two years.
2 review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications;
complete review of application and requested use, including initial review of submission to determine completeness, review of
submitted plans and submitted documents to determine consistency with Zoning Ordinance and Comprehensive Plan
[Comprehensive Plan review entails work of professional planners in Comprehensive Planning Division]; visit to location of subject site
to document existing conditions and surrounding area; participation with complete Planning Department team in review of all
applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others
interested in the request; meetings with other City agencies to resolve issues identified during their review of request; preparation of
report summarizing evaluation of request and providing a recommendation to the Planning Commission; presentation to the Planning
Commission of same; and finalizing file after action taken.
3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of
subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly
agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional
planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners;
preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator
of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning
Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; conduct tour for
Planning Commission members to visit locations for requests to be heard by Commission at their next meeting; coordinate Planning
Commission Hearing activities; after Hearing, determine dates for City Council meeting at which item will be acted on and distribute
complete list of dates for each item; prepare City Council Agenda Request Form for items and finalize for City Council meeting; attend
City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City Council; post -Council,
proof and sign -off on Approval/Denial Letters and finalize file with approved documents for eventual filing; proof and approve change
to Official Zoning Map.
° participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as
requested; review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation
Coordinator of any issues noted by review of reports; attend City Council Hearing with Planning Director and Planning Evaluation
Coordinator to respond to questions from City Council.
5 participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as
requested; review of staff reports prepared by professional planners; discussion with Current Planning Coordinator and Planning
Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Current Planning Coordinator and
Planning Evaluation Coordinator to respond to questions from City Council.
6 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them.
cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $170 per application).
REZONING APPLICATION FEE -- WITH PROFFERS (Average costs per application)
ACTION
HOURS
RATE (per hour)
TOTAL COST
Administrative Support 1
9.0
$ 20.00
$ 180.00
Professional Planning Staff 2
35.0
35.00
1,225.00
Planning Evaluation Coordinator3
6.0
40.00
240.00
Current Planning Coordinator °
1.5
50.00
125.00
Director of Planning 5
1.0
60.00
60.00
COST OF REVIEW 6
$
1,830.00
Fee for Modification of Proffers = $ 500.00
PROPOSED FEE'
$
1,200.00
Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately
(approximately $170 per application).
1 intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map
preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and
submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of
public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of
notice; support and recordkeeping before and during Planning Commission Hearing; preparation of Hearing Minutes; preparation of
legal advertisements for City Council meetings and submission to City Clerk; preparation of Approval of Denial Letter after City Council
and mailing of same after review by Planning Evaluation Coordinator; entry into database of final action and change to zoning map for
new category and Clerk of Circuit Court Instrument Number from recordation of proffers; placing final processed file into two-year
local storage; and processing file for long-term storage after two years.
2 review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications;
complete review of application and requested use, including initial review of submission to determine completeness, review of
submitted plans and submitted documents to determine consistency with Zoning Ordinance and Comprehensive Plan
[Comprehensive Plan review entails work of professional planners in Comprehensive Planning Division]; visit to location of subject site
to document existing conditions and surrounding area; participation with complete Planning Department team in review of all
applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others
interested in the request; meetings with other City agencies to resolve issues identified during their review of request; preparation of
report summarizing evaluation of request and providing a recommendation to the Planning Commission; presentation to the Planning
Commission of same; and finalizing file after action taken.
3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of
subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly
agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional
planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners;
preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator
of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning
Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; conduct tour for
Planning Commission members to visit locations for requests to be heard by Commission at their next meeting; coordinate Planning
Commission Hearing activities; after Hearing, determine dates for City Council meeting at which item will be acted on and distribute
complete list of dates for each item; prepare City Council Agenda Request Form for items and finalize for City Council meeting; attend
City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City Council; post -Council,
proof and sign -off on Approval/Denial Letters and finalize file with approved documents for eventual filing; proof and approve change
to Official Zoning Map.
° participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as
requested; review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation
Coordinator of any issues noted by review of reports; attend City Council Hearing with Planning Director and Planning Evaluation
Coordinator to respond to questions from City Council.
5 participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as
requested; review of staff reports prepared by professional planners; discussion with Current Planning Coordinator and Planning
Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Current Planning Coordinator and
Planning Evaluation Coordinator to respond to questions from City Council.
6 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them.
cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $170 per application).
1 AN ORDINANCE TO AMEND SECTION 221
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO THE FEES FOR A
4 CONDITIONAL USE PERMIT
5
6 Section Amended: City Zoning Ordinance § 221
7
8 WHEREAS, the public necessity, convenience, general welfare, and good zoning
9 practice so require;
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
14 That Section 221 of the City Zoning Ordinance is hereby amended and
15 reordained, to read as follows:
16
17 Sec. 221. Procedural requirements and general standards for conditional uses.
18
19
20
21 (b) Fees. The application shall be accompanied by the following fees to cover
22 the costs of processing the application. and publication of the notice of public hearing:
23 €ightNine hundred dollars ($800900.00) for all applications except applications
24 submitted by a nonprofit organization or for a home occupation under section 234 of this
25 ordinance. The fee for such applications shall be are two hundred fifty—dollars
26 ($150200.00). An application to reconsider existing conditions shall be accompanied by
27 a fee of two five hundred dollars ($200500.00), except that applications submitted by a
28 nonprofit organization or for a home occupation under section 234 of this ordinance,
29 which shall be accompanied by a fee of two hundred dollars ($200.00).
30
31
32
33 (d) Action by the planning commission. After receiving the report of the
34 director, with all pertinent related material, the planning commission shall give notice of
35 and hold a public hearing in accordance with applicable provisions of Virginia Code
36 Section 15.2-2204; provided, however, that written notice as prescribed therein shall be
37 given at least fifteen (15) days prior to the hearing. The cost of the public notices
38 required by Virginia Code Section 15.2-2204 shall be charged to the applicant. Within
39 forty-five (45) days after the hearing, the commission shall submit its recommendations
40 to the city council through the planning director; provided, however, that upon mutual
41 agreement between the commission and the applicant, such time may be extended.
42
43 COMMENT
44 The amendments raise the fee for applications for conditional use permits from $800 to
45 $900. Applications for non -profits and home occupations went from $150 to $200. A modification
46 of conditions requires a fee of $500, except for home occupations and non -profits which are $200.
47 Applicants will also be charged the cost of any signs that must be posted and the cost of notices
48 required by the Virginia Code, including media advertising and adjacent property owner
49 notification.
50 The effective date of this ordinance shall be July 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day
of May , 2013.
APPROVED AS TO CONTENT:
CA12602
R-5
April 29, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CONDITIONAL USE PERMIT APPLICATION FEE (Average costs per application)
ACTION
HOURS
RATE (per hour)
TOTAL COST
Administrative Support 1
7.0
$ 20.00
$ 140.00
Professional Planning Staff z
25.0
35.00
875.00
Planning Evaluation Coordinator3
5.0
40.00
200.00
Current Planning Coordinator °
1.5
50.00
125.00
Director of Planning 5
1.0
60.00
60.00
COST OF REVIEW 6
$
1,400.00
Fee for Home Occupation and Non -Profit = $ 200.00
Fee for Modification of Conditions = $ 500.00
PROPOSED FEE'
$ 900.00
Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately
(approximately $170 per application).
1 intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map
preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and
submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of
public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of
notice; support and recordkeeping before and during Planning Commission Hearing; preparation of Hearing Minutes; preparation of
legal advertisements for City Council meetings and submission to City Clerk; preparation of Use Permit Letter or letter of denial after
City Council and mailing of same after review by Planning Evaluation Coordinator; entry into database of final action; placing final
processed file into two-year local storage; and processing file for long-term storage after two years.
2 review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications;
complete review of application and requested use, including initial review of submission to determine completeness, review of
submitted plans and submitted documents to determine consistency with Zoning Ordinance and Comprehensive Plan
[Comprehensive Plan review entails work of professional planners in Comprehensive Planning Division]; visit to location of subject site
to document existing conditions and surrounding area; participation with complete Planning Department team in review of all
applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others
interested in the request; meetings with other City agencies to resolve issues identified during their review of request; preparation of
report summarizing evaluation of request and providing a recommendation to the Planning Commission; presentation to the Planning
Commission of same; and finalizing file after action taken.
3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of
subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly
agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional
planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners;
preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator
of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning
Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; conduct tour for
Planning Commission members to visit locations for requests to be heard by Commission at their next meeting; coordinate Planning
Commission Hearing activities; after Hearing, determine dates for City Council meeting at which item will be acted on and distribute
complete list of dates for each item; prepare City Council Agenda Request Form for items and finalize for City Council meeting; attend
City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City Council; post -Council,
proof and sign -off on Use Permit Letters and finalize file with approved documents for eventual filing.
participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as
requested; review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation
Coordinator of any issues noted by review of reports; attend City Council Hearing with Planning Director and Planning Evaluation
Coordinator to respond to questions from City Council.
participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as
requested; review of staff reports prepared by professional planners; discussion with Current Planning Coordinator and Planning
Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Current Planning Coordinator and
Planning Evaluation Coordinator to respond to questions from City Council.
6 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them.
cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $170 per application).
I
1 AN ORDINANCE TO AMEND SECTION 105
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO THE APPLICATION FEE
4 FOR ENLARGEMENT, EXTENSION, OR
5 CONVERSION OF A NONCONFORMING
6 USE
7
8 Section Amended: City Zoning Ordinance §105
9
10 WHEREAS, the public necessity, convenience, general welfare, and good zoning
11 practice so require;
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Sections 105 of the City Zoning Ordinance is hereby amended and
17 reordained, to read as follows:
18
19 ARTICLE 1. GENERAL PROVISIONS
20
21 ....
22
23 Sec. 105. Nonconformity.
24
25
26
27 (d) (1) Enlargement or extension of nonconformity. No nonconforming use
28 shall be increased in magnitude. No nonconforming use shall be enlarged or extended
29 to cover a greater land area than was occupied by the nonconformity on the effective
30 date of this ordinance or amendment thereto. No nonconforming use shall be moved in
31 whole or in part to any other portion of the lot, parcel, or structure not occupied by the
32 nonconformity on the effective date of this ordinance or amendment thereto, and no
33 nonconforming structure shall be moved at all except to come into compliance with the
34 terms of this ordinance. No nonconforming structure shall be enlarged, extended,
35 reconstructed, or structurally altered, if the effect is to increase the nonconformity. As an
36 exception to the above, any condition of development prohibited by this section may be
37 permitted by resolution of the city council based upon its finding that the proposed
38 condition is equally appropriate or more appropriate to the district than is the existing
39 nonconformity city council may attach such conditions and safeguards to its approval as
40 it deems necessary to fulfill the purposes of this ordinance. Applications for the
41 enlargement, extension or relocation of a nonconforming use or structure shall be filed
42 with the planning director. The application shall be accompanied by a fee of—one
43 - - - - - - - - - - ! ! five hundred dollars ($500.00) to cover the cost of
44 publication of notice of public hcaring and processing the application. Notice shall be
45 given as provided by Section 15.2-2204 of the Code of Virginia; provided, however, that
46 written notice as prescribed therein shall be given at least fifteen (15) days prior to the
47 hearing. The cost of the public notices required by Section 15.2-2204 of the Code of
48 Virginia shall be charged to the applicant. A sign shall be posted on the site in
49 accordance with the requirements of section 108 of this ordinance.
50
51
52
53 (e) (1) Conversion of a nonconforming use to another use. No
54 nonconforming use shall be converted to another use which does not conform to this
55 ordinance except upon a resolution of the city council authorizing such conversion,
56 based upon its finding that the proposed use is equally appropriate or more appropriate
57 to the district than is the existing nonconforming use. In the resolution authorizing such
58 change, the city council may attach such conditions and safeguards to its approval as it
59 deems necessary to fulfill the purposes of this ordinance. When any nonconforming use
60 is converted to another use, the new use and accompanying conditions of development
61 shall conform to the provisions of this ordinance in each respect that the existing use
62 conforms, and in any instance where the existing use does not conform to those
63 provisions, the new use shall not be more deficient. Any such use authorized by the city
64 council shall thereafter be subject to the provisions of this section and to any conditions
65 or restrictions attached by the city council. Applications for the conversion of a
66 nonconforming use or structure shall be filed with the planning director. The application
67 shall be accompanied by a fee of one hundred twenty five dollars ($125.00) five
68 hundred dollars ($500.00) to cover the cost of publication of notice of public hearing
69 and processing the application. Notice shall be given as provided by Code of Virginia, §
70 15.2-2204; provided, however, that written notice as prescribed therein shall be given at
71 least fifteen (15) days prior to the hearing. The cost of the public notices required by
72 Section 15.2-2204 of the Code of Virginia shall be charged to the applicant. A sign shall
73 be posted on the site in accordance with the requirements of section 108 of this
74 ordinance.
75
76 COMMENT
77
78 This ordinance changes the application fee for enlargement, extension, or conversion of a
79 nonconforming use from $125 to $500. It also charges the cost of public notices, signs, media
80 advertising and adjacent property owner notification to the applicant.
81
82 The effective date of this ordinance shall be July 1, 2013.
2
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day
of May , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning De 'artment
CA12603
R-3
March 11, 2013
1 (\i/
City Attorney's Office
3
EXTENSION, ENLARGEMENT, OR CONVERSION OF A NON -CONFORMING
rage costs per application
ACTION
HOURS
RATE (per hour)
TOTAL COST
Administrative Support 1
5.0
$ 20.00
$ 100.00
Professional Planning Staff 2
15.0
35.00
525.00
Planning Evaluation Coordinator 3
4.0
40.00
160.00
Current Planning Coordinator °
0.5
50.00
25.00
Director of Planning s
1.0
60.00
60.00
COST OF REVIEW 6
$
870.00
PROPOSED FEE'
$ 500.00
Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately
(approximately $85 per application).
1 intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map
preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and
submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of
public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of
notice; support and recordkeeping before and during City Council Hearing; preparation of legal advertisements for City Council
meetings and submission to City Clerk; preparation of Approval or Denial Letter after City Council and mailing of same after review by
Planning Evaluation Coordinator; entry into database of final action; placing final processed file into two-year local storage; and
processing file for long-term storage after two years.
2 review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications;
complete review of application and requested use, including initial review of submission to determine completeness, review of
submitted plans and submitted documents to determine consistency with Zoning Ordinance and Comprehensive Plan
[Comprehensive Plan review entails work of professional planners in Comprehensive Planning Division]; visit to location of subject site
to document existing conditions and surrounding area; participation with complete Planning Department team in review of all
applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others
interested in the request; meetings with other City agencies to resolve issues identified during their review of request; and
preparation of report summarizing evaluation of request and providing a recommendation to the City Council.
3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of
subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly
agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional
planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners;
preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator
of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning
Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; determine date for
City Council meeting for Hearing of application; prepare City Council Agenda Request Form for item and finalize for City Council
meeting; attend City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City
Council; post -Council, proof and sign -off on Approval or Denial Letter and finalize file with documents for eventual filing.
participation with complete Planning Department team in review of application; assistance to professional planners as requested;
review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation Coordinator of
any issues noted by review of reports; attend City Council Hearing with Planning Director and Planning Evaluation Coordinator to
respond to questions from City Council.
5 participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as
requested; review of staff reports prepared by professional planners; discussion with Current Planning Coordinator and Planning
Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Current Planning Coordinator and
Planning Evaluation Coordinator to respond to questions from City Council.
6 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them.
cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application).
1 AN ORDINANCE TO AMEND SECTION 1403
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO THE FEE FOR AN
4 APPLICATION TO THE WETLANDS BOARD
5 INVOLVING WETLANDS
6
7 Section Amended: City Zoning Ordinance §1403
8
9 WHEREAS, the public necessity, convenience, general welfare, and good zoning
10 practice so require;
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That Section 1403 of the City Zoning Ordinance is hereby amended and
16 reordained, to read as follows:
17
18 Sec. 1403. Applications for permits.
19
20 ....
21
22 (c) A nonrefundable processing fee to cover the cost of processing the
23 application shall accompany each permit application. Such fee shall be in an amount of
24 -three hundred dollars ($200300.00) plus the cost of advertisement shall be
25 required. Such fees shall apply to original applications, including after -the -fact
26 applications, and to reapplications. A fee in an amount of one hundred dollars ($100.00)
27 shall be required for deferral of an application unless waived by the Board for good
28 cause shown.
29
30 COMMENT
31
32 This ordinance changes the fee for an application to the Wetlands Board involving wetlands
33 from $200 to $300.
34
35 The effective date of this ordinance shall be July 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day
of May , 2013.
APPROVED AS TO CONTENT:
Planning i -partment
CA12605
R-2
March 8, 2013
APPROVED AS TO LEGAL SUFFICI NCY:
City Attorney's Office
I'
r application
ACTION
HOURS
RATE (per hour)
TOTAL COST
Administrative Support 1
3.0
$ 20.00
$ 60.00
Professional Staff z
15.0
30.00
450.00
COST OF REVIEW 3
$
510.00
PROPOSED FEE °
300.00
Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately
(approximately $85 per application).
intake of application; routing of application; preparation of legal advertisements and submission to newspaper; preparation and
issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and
mailing of notice; support and recordkeeping; entry into database of final action; placing final processed file into two-year local
storage; and processing file for long-term storage after two years.
2 review of applications submitted; visit to location of subject site to document existing conditions and surrounding area; participation
with complete team in review of all applications submitted; correspondence and meetings with applicant; correspondence and
meetings with citizens and others interested in the request; meetings with other agencies to resolve issues identified during their
review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Board; and
finalizing file after action taken.
3 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them.
4cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application).
1 AN ORDINANCE TO AMEND SECTION 1603
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO THE FEE FOR AN
4 APPLICATION TO THE WETLANDS BOARD
5 INVOLVING COASTAL PRIMARY SAND
6 DUNES
7
8 Section Amended: City Zoning Ordinance §1603
9
10 WHEREAS, the public necessity, convenience, general welfare, and good zoning
11 practice so require;
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Section 1603 of the City Zoning Ordinance is hereby amended and
17 reordained, to read as follows:
18
19 Sec. 1603. Applications for permits.
20
21 ....
22
23 (c) A nonrefundable processing fee to cover the cost of processing the
24 application shall accompany each permit application. Such fee shall be in an amount of
25 two—three hundred dollars ($2-00300.00) plus the cost of advertisement shall be
26 required. Such fees shall apply to original applications, including after -the -fact
27 applications, and to reapplications. . . A fee in an amount of one hundred dollars
28 ($100.00) shall be required for deferral of an application unless waived by the Board for
29 good cause shown.
30
31 COMMENT
32
33 This ordinance changes the fee for an application to the Wetlands Board involving coastal
34 primary sand dunes from $200 to $300.
35
36 The effective date of this ordinance shall be July 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day
of May , 2013.
II
APPROVED £ S T• CONTENT: APPROVED AS TO LEGAL SUFF IENCY:
Planning ►' apartment
CA12608
R-3
March 11, 2013
City Attorney's Office
Y SAND DUNE FEE (Average costs per application
ACTION
HOURS
RATE (per hour)
TOTAL COST
Administrative Support 1
3.0
$ 20.00
$ 60.00
Professional Staff 2
15.0
30.00
450.00
COST OF REVIEW 3
$
510.00
PROPOSED FEE 4
300.00
Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately
(approximately $85 per application).
1 intake of application; routing of application; preparation of legal advertisements and submission to newspaper; preparation and
issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and
mailing of notice; support and recordkeeping; entry into database of final action; placing final processed file into two-year local
storage; and processing file for long-term storage after two years.
2 review of applications submitted; visit to location of subject site to document existing conditions and surrounding area; participation
with complete team in review of all applications submitted; correspondence and meetings with applicant; correspondence and
meetings with citizens and others interested in the request; meetings with other agencies to resolve issues identified during their
review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Board; and
finalizing file after action taken.
3 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them.
4 cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application).
-48 -
Item -V-L.SUBPART 3.2
ORDINANCES/RESOLUTIONS
Planning Ordinances that support the Operating Budget:
ITEM #62807
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AMEND Section 8.3 re fee for a Subdivision Ordinance Variance
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO AMEND SECTION 8.3
2 OF THE SUBDIVISION REGULATIONS
3 PERTAINING TO THE FEE FOR A
4 SUBDIVISION VARIANCE
5
6 Section Amended: §8.3
7
8 WHEREAS, the public necessity, convenience, general welfare, and good zoning
9 practice so require;
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
14 That Section 8.3 of the Subdivision Regulations is hereby amended and
15 reordained, to read as follows:
16
17 Sec. 8.3. Subdivision variance fees.
18
19 Any appeal for a variance shall be accompanied by the following fees to cover the
20 costs of processing the appeal and publication of the notice of public hearing: Five
21 hundred t wenty-five six hundred fifty dollars ($525650.00). The cost of public notices
22 required by Section 15.2-2204 of the Code of Virginia shall be charged to the applicant.
23
24
25
26 This ordinance changes the fee for a subdivision variance from $525 to $650. It also requires
27 the applicant to pay the cost of required notices, signs and notifications to adjacent property
28 owners.
29
30 The effective date of this ordinance shall be July 1, 2013.
31
COMMENT
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day
of May , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
\4
Planning i epartment
CA12604/R-2/March 8, 2013
City Attorney's Office
SUBDIVISION VARIANCE APPLICATION FEE (Average costs per application)
ACTION
HOURS
RATE (per hour)
TOTAL COST
Administrative Support 1
5.0
$ 20.00
$ 100.00
Professional Planning Staff 2
15.0
35.00
525.00
Planning Evaluation Coordinator 3
4.0
40.00
160.00
Current Planning Coordinator °
0.5
50.00
25.00
Director of Planning 5
1.0
60.00
60.00
COST OF REVIEW 6
$870.00
PROPOSED FEE'
650.00
Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately
(approximately $170 per application).
1 intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map
preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and
submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of
public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of
notice; support and recordkeeping before and during Planning Commission Hearing; preparation of Hearing Minutes; preparation of
legal advertisements for City Council meetings and submission to City Clerk; preparation of Approval or Denial Letter after City Council
and mailing of same after review by Planning Evaluation Coordinator; entry into database of final action; placing final processed file
into two-year local storage; and processing file for long-term storage after two years.
2 review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications;
complete review of application and requested use, including initial review of submission to determine completeness, review of
submitted plans and submitted documents to determine consistency with Zoning Ordinance, Subdivision Ordinance, and
Comprehensive Plan [Comprehensive Plan review entails work of professional planners in Comprehensive Planning Division]; visit to
location of subject site to document existing conditions and surrounding area; participation with complete Planning Department team
in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and
others interested in the request; meetings with other City agencies to resolve issues identified during their review of request;
preparation of report summarizing evaluation of request and providing a recommendation to the Planning Commission; presentation
to the Planning Commission of same; and finalizing file after action taken.
3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of
subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly
agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional
planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners;
preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator
of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning
Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; conduct tour for
Planning Commission members to visit locations for requests to be heard by Commission at their next meeting; coordinate Planning
Commission Hearing activities; after Hearing, determine dates for City Council meeting at which item will be acted on and distribute
complete list of dates for each item; prepare City Council Agenda Request Form for items and finalize for City Council meeting; attend
City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City Council; post -Council,
proof and sign -off on Approval or Denial Letters and finalize file with documents for eventual filing.
4participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as
requested; review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation
Coordinator of any issues noted by review of reports; attend City Council Hearing with Planning Director and Planning Evaluation
Coordinator to respond to questions from City Council.
5 participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as
requested; review of staff reports prepared by professional planners; discussion with Current Planning Coordinator and Planning
Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Current Planning Coordinator and
Planning Evaluation Coordinator to respond to questions from City Council.
6 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them.
cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $170 per application).
-49 -
Item -V-L.SUBPART 3.3
ORDINANCES/RESOLUTIONS
Planning Ordinances that support the Operating Budget:
ITEM #62808
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AMEND Section 8-31 of the City Code Pertaining to the Addition of Review Fees for Residential
Building Plans, Commercial Building Plans and Fire Plans
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO AMEND SECTION 8-31
2 OF THE CITY CODE PERTAINING TO THE
3 ADDITION OF REVIEW FEES FOR
4 RESIDENTIAL BUILDING PLANS,
5 COMMERCIAL BUILDING PLANS AND FIRE
6 PLANS
7
8 Section Amended: § 8-31
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That Section 8-31 of the Code of the City of Virginia Beach, Virginia, is hereby
13 amended and reordained to read as follows:
14 DIVISION 1. - GENERALLY
15
16
17
18 Sec. 8-31. Permit fees—Building permits.
19
20 ....
21
22 (c) For the construction of any building or addition thereto where the floor area is
23 increased and for the installation or erection of any industrialized building unit, the
24 fee shall be based on the floor area to be constructed, as computed from exterior
25 building dimensions at each floor, as follows:
26
27
28
29 (20)There shall also be a review fee in the amount of one hundred fifty dollars
30 ($4-00.00150.00) for review of commercial plans.
31
32 (21)There shall also be a review fee in the amount of seventy five dollars ($75.00)
33 for review of residential plans.
34
35 (22)There shall also be a review fee in the amount of seventy five dollars ($75.00)
36 for review of fire plans.
37
38
39
40 COMMENT
41
42 This ordinance changes the fee for review of commercial plans from $100 to $150. It also
43 adds the fee of $75 for review of residential plans and fire plans.
44
45 The effective date of this ordinance shall be July 1, 2013.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th
day of May , 2013.
APPROVED AS TO CONTENT:
Planning Department
CA12611
R-2
March 8, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
2
-50 -
Item -V-L.SUBPART 3.4
ORDINANCES/RESOLUTIONS
Planning Ordinances that support the Operating Budget:
ITEM #62809
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AMEND Section 8-33 of the City Code Pertaining to the Fee for five (5) year Inspections of Elevators
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
I
1 AN ORDINANCE TO AMEND SECTION 8-33
2 OF THE CITY CODE PERTAINING TO THE
3 FEE FOR FIVE YEAR INSPECTIONS FOR
4 ELEVATORS
5
6 Section Amended: § 8-33
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 8-33 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12 DIVISION 1. - GENERALLY
13
14 ....
15
16 Sec. 8-33. - Same—Mechanical, life safety, elevator and gas permits.
17
18 .
19
20 (d) For annual inspections of elevators and escalators, the fees shall be as follows:
21
22 (1) Annual safety test and inspection:
23 a. Tractor/cable elevator—$100.00.
24 b. Hydraulic elevator—$100.00.
25 c. Freight elevators—$100.00.
26 d. Escalator—$100.00.
27
28 (2) Five-year full rate load safety test and inspection:
29 a. Tractor/cable elevators—$100.00300.00.
30
31 ....
32
33 COMMENT
34
35 This ordinance changes the five-year fee for safety test and inspection of tractor/cable
36 elevators from $100 to $300.
37
38 The effective date of this ordinance shall be July 1, 2013.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th
day of May , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
'
fuzili
CA12610
R-2
March 8, 2013
Planning Department
di*, Med
City Attorney's Office
2
-51 -
Item -V-L.SUBPART 3.5
ORDINANCES/RESOLUTIONS
Planning Ordinances that support the Operating Budget:
ITEM #62810
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AMEND Section 33-111.2 of the City Code re fees required for the Vacation of public ways
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO AMEND SECTION 33-
2 111.2 OF THE CITY CODE PERTAINING TO
3 THE FEES REQUIRED FOR THE VACATION
4 OF PUBLIC WAYS
5
6 Section Amended: § 33-111.2
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 33-111.2 of the Code of the City of Virginia Beach, Virginia, is
11 hereby amended and reordained to read as follows:
12 ARTICLE V. - VACATION OF PUBLIC STREETS, ALLEYS, EASEMENTS AND
13 OTHER PUBLIC WAYS
14
15 .
16 Sec. 33-111.2. - Appointment of viewers for one year terms.
17 Three (3) viewers shall be appointed each year to serve terms of one year
18 beginning July 1 to view each and every street or alley proposed to be altered or
19 vacated during the term. The applicant for closure of streets or alleys shall not be
20 required to advertise, and city council shall not be required to hold a separate hearing,
21 for appointment of viewers for each specific street or alley proposed to be altered or
22 vacated. The notice requirements of section 15.2-2204 of the Code of Virginia and
23 section 33-111.1 of the Code of Virginia Beach shall be complied with for each hearing
24 regarding discontinuance of the street or alley proposed to be altered or vacated. The
25 cost of public notices required by §15.2-2204 of the Code of Virginia shall be charged to
26 the applicant. Also, the applicant and city council shall comply with all other provisions
27 of section 15.2-2006 of the Code of Virginia for the alteration and vacation of streets
28 and alleys.
29 COMMENT
30 This ordinance requires the applicant to pay the cost of public notices for street closures.
31
32 The effective date of this ordinance is July 1, 2013.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th
day of May , 2013.
I
APPROVED AS TO CONTENT:
Planning Iepartment
CA12609
R-2
March 8, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
2
STREET CLOSURE (Costs per application)
ACTION
HOURS
RATE (per hour)
TOTAL COST
Administrative Support 1
5.0
$ 20.00
$ 100.00
Professional Planning Staff 2
10.0
35.00
350.00
Planning Evaluation Coordinator 3
3.0
40.00
120.00
Current Planning Coordinator 4
0.5
50.00
25.00
Director of Planning 5
1.0
60.00
60.00
COST OF REVIEW 6
655.00
PROPOSED FEE 7
$ 250.00
Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately
(approximately $170 per application).
1 intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map
preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and
submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of
public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of
notice; support and recordkeeping before and during Planning Commission Hearing; preparation of Hearing Minutes; preparation of
legal advertisements for City Council meetings and submission to City Clerk; preparation of Approval/Denial Letter after City Council
and mailing of same after review by Planning Evaluation Coordinator; entry into database of final action; placing final processed file
into two-year local storage; and processing file for long-term storage after two years.
2 review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications;
complete review of application and requested use, including initial review of submission to determine completeness; scheduling of
Street Closure Viewer meeting; visit to location of subject site to document existing conditions and surrounding area; participation
with complete Planning Department team in review of all applications submitted; correspondence and meetings with applicant;
correspondence and meetings with citizens and others interested in the request; meetings with other City agencies to resolve issues
identified during their review of request; preparation of report summarizing evaluation of request and providing a recommendation
to the Planning Commission; presentation to the Planning Commission of same; and finalizing file after action taken.
3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of
subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly
agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional
planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners;
preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator
of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning
Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; conduct tour for
Planning Commission members to visit locations for requests to be heard by Commission at their next meeting; coordinate Planning
Commission Hearing activities; after Hearing, determine dates for City Council meeting at which item will be acted on and distribute
complete list of dates for each item; prepare City Council Agenda Request Form for items and finalize for City Council meeting; attend
City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City Council; post -Council,
proof and sign -off on Approval/Denial Letters and finalize file with approved documents for eventual filing; proof and approve change
to Official Zoning Map.
4participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as
requested; review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation
Coordinator of any issues noted by review of reports; attend City Council Hearing with Planning Director and Planning Evaluation
Coordinator to respond to questions from City Council.
5 participation as member of Street Closure Viewers; participation with complete Planning Department team in review of all
applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners;
discussion with Current Planning Coordinator and Planning Evaluation Coordinator of any issues noted by review of reports; attend
City Council Hearing with Current Planning Coordinator and Planning Evaluation Coordinator to respond to questions from City
Council.
6 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them.
7cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $170 per application).
-52-
Item-V-L.SUBPART 3.6
ORDINANCES/RESOLUTIONS
Planning Ordinances that support the Operating Budget:
ITEM #62811
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to AMEND Section 110 of the Chesapeake Bay Preservation Area Ordinance re fee for an application
for a Variance to the Chesapeake Bay Preservation Area Board
Option 2: City Manager's Recommendation Approve $300
+ Applicant Pays for Advertising
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO AMEND SECTION 110
2 OF THE CHESAPEAKE BAY
3 PRESERVATION AREA ORDINANCE
4 PERTAINING TO THE FEE FOR AN
5 APPLICATION FOR A VARIANCE TO THE
6 CHESAPEAKE BAY PRESERVATION AREA
7 BOARD
8
9 Section Amended: §110
10
11 WHEREAS, the public necessity, convenience, general welfare, and good zoning
12 practice so require;
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16
17 That Section 110 of the Chesapeake Bay Preservation Area Ordinance is hereby
18 amended and reordained, to read as follows:
19
20 Sec. 110. - Variances.
21
22 ....
23
24 (C) Board variances. The City Manager shall review any other application for a
25 variance and the water quality impact assessment and provide the Board with an
26 evaluation of the potential impacts of the proposed variance and such other information
27 as may aid the Board in considering the application. No such application shall be
28 accepted by the City Manager unless accompanied by a nonrefundable fee in the
29 amount of two hundred fifty three hundred dollars ($250300.00). The City Manager shall
30 transmit the application and supporting information and evaluation to the members of
31 the Board and the applicant no less than five (5) days prior to the scheduled hearing on
32 such application.
33
34 (D) Not later than sixty (60) days after the receipt of an application, the Board
35 shall hold a public hearing on such application. Notice of the time and place of the
36 hearing shall be published no less than once per week for two (2) consecutive weeks
37 prior to such hearing in a newspaper having a general circulation in the City. The
38 second such notice shall appear not less than five (5) days nor more than twenty-one
39 (21) days prior to the hearing. The cost of the public notice shall be charged to the
40 applicant.
41
42 (E) The Board shall notify, by first class mail, all property owners adjacent to
43 the subject property and each waterfront property owner across the waterway from the
44 subject property, if the water body is Tess than five hundred (500) feet wide, of the public
45 hearing at least five (5) days prior to the hearing. The cost of such notification shall be
46 charged to the applicant.
47
48 COMMENT
49
50 This ordinance changes the fee for an application for a variance to the Chesapeake Bay
51 Preservation Area Board from $250 to $300. It also charges the cost for public notices, signs and
52 notices to adjacent property owners to the applicant.
53
54 The effective date of this ordinance is July 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th ]day
of May , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
CA12606
R-3
April 29, 2013
City Attorney's Office
2
CHESAPEAKE BAY BOARD FEE (Average costs per application)
ACTION
HOURS
RATE (per hour)
TOTAL COST
Administrative Support 1
3.0
$ 20.00
$ 60.00
Professional Staff z
15.0
30.00
450.00
COST OF REVIEW 3
$
510.00
PROPOSED FEE °
300.00
Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately
(approximately $85 per application).
1 intake of application; routing of application; preparation of legal advertisements and submission to newspaper; preparation and
issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and
mailing of notice; support and recordkeeping; entry into database of final action; placing final processed file into two-year local
storage; and processing file for long-term storage after two years.
2 review of applications submitted; visit to location of subject site to document existing conditions and surrounding area; participation
with complete team in review of all applications submitted; correspondence and meetings with applicant; correspondence and
meetings with citizens and others interested in the request; meetings with other agencies to resolve issues identified during their
review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Board; and
finalizing file after action taken.
3total cost does not include costs incurred by other City departments in their review of each application proposal routed to them.
4cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application).
I
Item -V-M
PLANNING
-53-
ITEM #62812
I. SCOTT ROBERTS/ROBERTS ALTERATION TO A NON-
CONFORMING USE
MODIFICATION OF PROFFERS
MODIFICATION OF CONDITION
FAMILY LTD PARTNERSHIP
2. MILLER INVESTMENT, LLC
3. MARILYN DAVIS
4. C and C DEVELOPMENT, INC/
ATRIA PROPERTIES, LLC
5. CHALICE CHRISTIAN CHRUCH
6. HOLLOMON BROWN FUNDERAL HOME,
Inc., and TIDWATER CEMETARY CORP.
7. SILVER HILL AT THALIA, LLC/
JULIA M. STAYLOR
SEPCIAL EXEMPTION FOR
ALTERNATIVE COMPLIANCE TO
OCEANFRONT FORM -BASED
CODE
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE
OF ZONING
CONDITIONAL CHANGE
OF ZONING
8. CITY OF VIRGINIA BEACH AMEND CITY ZONING
ORDINANCE
May 14, 2013
1
-54-
Item -V-M
PLANNING ITEM #62813
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1, 2, 3, 4, 5, 7 and 8 of the PLANNING AGENDA.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
I
-55-
Item -V-M.1
PLANNING ITEM #62814
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of SCOTT ROBERTS/ROBERTS
FAMILY LTD PARTNERSHIP for an Alteration to a Non -Conforming Use to ADD a second floor to
an existing single family residence at 1306 Baltic Avenue DISTRICT 6 - BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of SCOTT ROBERTS/ROBERTS
FAMILY LTD PARTNERSHIP for an Alteration to a Non -Conforming
Use to ADD a second floor to an existing single family residence at
1306 Baltic Avenue (GPIN 2427056592) DISTRICT 6 - BEACH
The following conditions shall be required:
1. The alterations shall substantially adhere to the submitted Plans entitled,
"Roberts Residence, 1306 Baltic Avenue, pages 1 to 4." Said Plans have
been exhibited to the City of Virginia Beach City Council and are on file
in the Planning Department.
2. All required permits for the proposed addition shall be obtained from the
Planning Department/Permits and Inspections Division. The applicant
shall provide a structural analysis by a certified engineering/design
professional acceptable to the Building Official that demonstrates the
foundation of the dwelling can support a second floor or the
improvements that will be made to the foundation and/or structure of the
first floor to support the second floor and roof
This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of May, Two
Thousand Thirteen
May 14, 2013
-56 -
Item -V-M.1
PLANNING ITEM #62814(Continued)
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 A RESOLUTION AUTHORIZING THE
2 ENLARGEMENT OF A NONCONFORMING USE
3 ON PROPERTY LOCATED AT 1306 BALTIC
4 AVENUE
5
6 WHEREAS, Scott Roberts (hereinafter the "Applicant") has made application to
7 the City Council for authorization of the enlargement of a nonconforming use located at
8 1306 Baltic Avenue in the R -5D Residential Duplex District by enlarging the single -
9 family dwelling on the parcel; and
10
11 WHEREAS, there is located on the parcel a single-family dwelling and a garage
12 apartment, which is not allowed in the R -5D Residential Duplex District, however, the
13 two (2) dwellings were built prior to the adoption of the applicable zoning regulations
14 and are therefore nonconforming; and
15
16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
18 City Council authorizing such action upon a finding that the proposed use, as enlarged,
19 will be equally appropriate or more appropriate to the zoning district than is the existing
20 use;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Council hereby finds that the proposed use, as enlarged, will be
26 equally appropriate to the district as is the existing nonconforming use under the
27 conditions of approval set forth hereinbelow.
28
29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
30 BEACH, VIRGINIA:
31
32 That the enlargement of the nonconforming use is hereby authorized, upon the
33 following conditions:
34
35 1. The alterations shall substantially adhere to the submitted plans entitled,
36 "Roberts Residence, 1306 Baltic Avenue, pages 1 to 4." Said plans have been
37 exhibited to the City of Virginia Beach City Council and are on file in the Planning
38 Department.
39
40 2. All required permits for the proposed addition shall be obtained from the Planning
41 Department/Permits and Inspections Division. The applicant shall provide a
42 structural analysis by a certified engineering/design professional acceptable to
43 the Building Official that demonstrates the foundation of the dwelling can support
44 a second floor or the improvements that will be made to the foundation and/or
45 structure of the first floor to support the second floor and roof.
46
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14thday
of May , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
CA12639
R-1
May 1, 2013
d6ki, /V
Cittorney's Office
2
-57 -
Item —V -M.2
PLANNING ITEM #62815
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED and
CONDITIONED, BY CONSENT, Application of MILLER INVESTMENT, LLC for Modification of
Proffers Nos. 1, 2 and 7 of a Conditional Change of Zoning, approved by City Council on March 25,
1997, re ADDING a drive-through window and stacking lane at 1817 London Bridge Road DISTRICT 7
- PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of MILLER INVESTMENT, LLC for
Modification of Proffers Nos. 1, 2 and 7 of a Conditional Change of
Zoning, approved by City Council on March 25, 1997, re ADDING a
drive-through window and stacking lane at 1817 London Bridge Road
(GPIN 2405039515) DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court
This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of May, Two
Thousand Thirteen
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
-58 -
Item -V-M.3
PLANNING ITEM #62816
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of MARRILYN DAVIS for Modification of
Condition No.1 of a Use Permit for Child Day Care, approved on August 10, 2004, to increase the
maximum number of children from 10 to 12 at 1432 Glenwood Links Lane DISTRICT 1 —
CENTERVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of MARRILYN DAVIS for Modification of
Condition No.1 of a Use Permit for Child Day Care, approved on August
10, 2004, to increase the maximum number of children from 10 to 12 at
1432 Glenwood Links Lane (GPIN 1475000385) DISTRICT 1 —
CENTERVILLE
The following conditions shall be required:
1. All conditions, with the exception of Number 1, attached to the Conditional
Use Permit granted by the City Council on August 10, 2004, remain in effect.
2. Condition Number 1 of the August 10, 2004, Conditional Use Permit is
deleted and replaced with the following: The family Day Care shall be
limited to a total of twelve (12) children during a single 24-hour period.
3. The applicant shall stagger the arrival and departure times for children such
that vehicular congestion is avoided.
4. All barrier requirements established by the Virginia Administrative Code and
Virginia Department of Social Services pertaining to the pool, outdoor play
area and driveway shall be met.
This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of May, Two
Thousand Thirteen
May 14, 2013
-59 -
Item -V-M.3
PLANNING ITEM #62816(Continued)
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
-60 -
Item -V-M.4
PLANNING ITEM #62817
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin City Council
APPROVED/CONDITIONED, BY CONSENT, Application of C and C DEVELOPMENT CO.,
INC/ATRIA PROPERTIES, LLC for a Special Exception for Alternative Compliance to the Oceanfront
Resort District Form -Based Code to construct five detached single family homes at 429 20`x' Street
DISTRICT 6 - BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of C and C DEVELOPMENT CO.,
INC/ATRIA PROPERTIES, LLC for a Special Exception for
Alternative Compliance to the Oceanfront Resort District Form -Based
Code to construct five detached single family homes at 429 20`'' Street
(GPIN 2427072967) DISTRICT 6 - BEACH
The following conditions shall be required:
1. Except as modified by any other conditions of this Use Permit, the Site shall
be substantially developed as shown on the Plan entitled "Conceptual Site
Plan, 20`x' Street & Baltic Ave," prepared by WPL, and dated March 20,
2013.
2. Except as modified by any other conditions of this Use Permit, the
architectural design and appearance of the dwellings shall be substantially
as shown on the submitted renderings as well as the architectural elevation
drawings, entitled "Proposed Two Story Brick and Frame Single Family
Dwelling Prepared For: VB HOMES," prepared by J. Bengston, Land
Planning Solutions, and dated 3/19/2013.
3. The applicant shall, as shown on the Site Plan, dedicate to the City of
Virginia Beach a two and one -half -foot (2.5) wide by one hundred thirty-
foot (130') long pedestrian easement along the Western lot line adjacent to
Baltic Avenue.
4. The applicant shall make all sidewalk and street improvements as shown on
the Site Plan and as further required during Development Site Plan Review.
This includes curb and gutter and a five-foot (5) wide sidewalk along Baltic
Avenue and 20`'` Street. The applicant shall also construct three (3) public
on -street parking spaces on 20th Street as shown on the submitted Plan.
5. As shown on the Site Plan, the applicant shall dedicate two hundred and one
(201) square feet in the form of a two foot (2) x ninety foot (90') strip along
the northern lot line, and ten foot (10') radius at the Northwestern corner of
the lot to the City of Virginia Beach for right-of-way improvements.
May 14, 2013
-61 -
Item -V-M.4
PLANNING ITEM #62817(Continued)
6. All trash receptacles shall be stored in a manner such that they are not
capable of being viewed from the public right-of-way.
7. All mechanical equipment shall be screened year-round by landscaping or
fencing. Screening shall, at a minimum, be the height of the equipment.
8. Entrance and drive aisle width shall conform to the submitted drawing
entitled "Conceptual Plan, 20th Street and Baltic Ave, " prepared by WPL,
and dated 3/20/2013.
9. All landscaping must be maintained in good health. All landscape that fails
to grow shall be replaced with a similar type of plant that conforms to the
landscaping associated with this Alternative Compliance.
10. All hedges located within the build -to -zone shall be maintained at a height
between three (3) and four (4) feet tall.
11. The proposed six (6) to eight (8) foot hedge proposed along the eastern lot
line shall be maintained at a height of three (3) to four (4) feet tall.
12. A fence along the Eastern lot line shall be maintenance free, no more than
six (6) feet tall, and shall terminate at or prior to the front facade of the unit
fronting on 20th Street.
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 Fourteenth day of May, Two
Thousand Thirteen
May 14, 2013
1
-62-
Item -V-M.4
PLANNING ITEM #62817(Continued)
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1
-63-
Item -V-M.5
PLANNING ITEM #62818
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of CHALICE CHRISTIAN CHURCH for
a Conditional Use Permit to construct an addition to the existing Church and renovate the building
exterior at 5612 Haden Road DISTRICT 4 - BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of CHALICE CHRISTIAN CHURCH for a
Conditional Use Permit to construct an addition to the existing Church
and renovate the building exterior at 5612 Haden Road (GPINs
1469261277; 1469253917) DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. Except as modified by any other conditions of this Use Permit, the Site shall
be developed substantially in accordance with the submitted "Preliminary
Site Plan of Chalice Christian Church at 5612 Haden Road, Virginia Beach,
Virginia," prepared by Site Improvements Associates, dated February 1,
2013. Said Plans have been exhibited to the Virginia Beach City Council and
are on file in the Planning Department.
2. Except as modified by any other conditions of this Use Permit, the addition
and modifications to the existing building shall be constructed substantially
in accordance with the submitted building elevations for the North, South,
East and West facades, entitled "Chalice Christian Church at Diamond
Springs Center, 5612 Haden Road, Virginia Beach, VA, " prepared by Dills
Architects, as well as the perspective rendering of the North and East
facades, entitled the same. Building materials, architectural elements and
colors shall be substantially as depicted on the elevations and rendering.
Said elevations and rendering have been exhibited to the Virginia Beach City
Council and are on file in the Planning Department.
3. The three (3) Wind Energy Conversion Systems (WECS) identified on the Site
Plan referenced by Condition 1 as "Proposed Windspire Turbines (3) " and
as shown on the rendering referenced by Condition 2 are not permitted and
shall not be installed.
4. At, or prior to the time of development Site Plan submission, the applicant
shall meet with staff of the current Planning Division to discuss revisions to
the West facade of the building and enhancements to the landscape plantings
between the Haden Road right-of-way and the West building facade. The
revisions decided upon at said meeting shall be included on the Plans
submitted during development Site Plan review.
5. Except as modified by any other condition of this Use Permit, the site shall
be developed substantially in accordance with the submitted "Preliminary
May 14, 2013
-64 -
Item -V-M.5
PLANNING ITEM #62818(Continued)
Site Plan of Chalice Christian Church at 5612 Haden Road, Virginia Beach,
Virginia," prepared by Site Improvements Associates, dated February 1,
2013. Said Plans have been exhibited to the Virginia Beach City Council and
are on file in the Planning Department.
6. Except as modified by any other condition of this Use Permit, the addition
and modifications to the existing building shall be constructed substantially
in accordance with the submitted building elevations for the North, South,
East, And West facades, entitled "Chalice Christian Church at Diamond
Springs Center, 5612 Haden Road, Virginia Beach, VA, " prepared by Dills
Architects, as well as the perspective rendering of the North And East
facades, entitled the same. Building materials, architectural elements and
colors shall be substantially as depicted on the elevations and rendering.
Said elevations and rendering have been exhibited to the Virginia Beach City
Council and are on file on the Planning Department.
7. The three (3) Wind Energy Conversion Systems (WECS) identified on the Site
Plan referenced by Condition 1 as "Proposed Windspire Turbines (3) " and
as shown on the rendering referenced by Condition 2 are not permitted and
shall not be installed.
8. At or prior to the time of development Site Plan submission, the applicant
shall meet with staff of the Current Planning Division to discuss revisions to
the West facade of the building and enhancements to the landscape plantings
between the Haden Road right-of-way and the West building facade. The
revisions decided upon at said meeting, shall be included on the plans
submitted during development Site Plan review.
This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of May, Two
Thousand Thirteen
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
-65 -
Item -V-M.6
PLANNING ITEM #62819
Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council
APPROVED/PROFFERED, Application of HOLLOMON BROWN FUNERAL HOME, INC. and
TIDEWATER CEMETERY CORP., for a Conditional Change of Zoning from AG -2 Agricultural
District to 0-2 Office District for a funeral home at 3445 Princess Anne Road DISTRICT 7 - PRINCESS
ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of HOLLOMON BROWN FUNERAL
HOME, INC. and TIDEWATER CEMETERY CORP., for a
Conditional Change of Zoning from AG -2 Agricultural District to 0-2
Office District for a funeral home at 3445 Princess Anne Road (GPINs
1485708361 & 1485804041) DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
An Agreement encompassing proffers 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 City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of May, Two
Thousand Thirteen
Voting.• 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Abstaining:
Vice Mayor Louis R. Jones (Verbal)
May 14, 2013
-66 -
Item -V-M.7
PLANNING ITEM #62820
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, Application of SILVER HILL AT THALIA, LLC/JULIA M. STAYLOR for a Conditional
Change of Zoning from R-7.5 Residential District to Conditional A-12 Apartment District, to develop an
adult independent -living community comprised of 10 multi family dwelling units at 4355 Bonney Road
DISTRICT 5 — LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of SILVER HILL AT THALIA,
LLC/JULIA M. STAYLOR for a Conditional Change of Zoning from R-
7.5 Residential District to Conditional A-12 Apartment District, to
develop an adult independent -living community comprised of 10 multi-
family dwelling units at 4355 Bonney Road(GPINs 1477821462;
1477821535) DISTRICT 5 — LYNNHAVEN
The following condition shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of May, Two
Thousand Thirteen
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
-67 -
Item -V-M.8
PLANNING ITEM #62821
Upon motion by Vice Mayor Jones,
CONSENT, Application of the CITY
(CZO) re Section 1001 Establishing
Industrial District
Voting: 11-0
Council Members Voting Aye:
seconded by Councilman Dyer, City Council ADOPTED, BY
OF VIRGINIA BEACH to AMEND the City Zoning Ordinance
repair of Boats and Vessels as a Conditional Use in the I-1
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
1 AN ORDINANCE TO AMEND SECTION 1001 OF THE CITY
2 ZONING ORDINANCE, ESTABLISHING REPAIR OF BOATS AND
3 VESSELS AS A CONDITIONAL USE IN THE 1-1 INDUSTRIAL
4 DISTRICT
5
6 Section Amended: City Zoning Ordinance Section 1001
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 VIRGINIA:
13
14 That Section 1001 of the City Zoning Ordinance is hereby amended and reordained, to
15 read as follows:
16
17 ARTICLE 10. INDUSTRIAL DISTRICTS
18
19
20
21 Sec. 1001. Use regulations.
22 (a) Principal and conditional uses. The following chart lists those uses permitted
23 within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective industrial
24 districts shall be permitted as either principal uses indicated by a "P" or as conditional uses
25 indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the
26 respective districts. No uses or structures other than as specified shall be permitted.
27
28 Use 1-1 1-2
29
30
31 Facilities for construction, maintenance and
32 repair of boats and vessels X C P
33
34
35
36 COMMENT
37
38 The amendment allows facilities for constructing, maintaining and repairing boats and vessels as a
39 conditional use in the 1-1 Industrial District. Because certain dictionaries define the term "vessel" to
40 include watercraft bigger than a rowboat, the amendment also expressly includes the term "boats" in order
41 make it clear that small craft may also be constructed, maintained and repaired at such facilities.
42
43 Adopted by the City Council of the City of Virginia Beach, Virginia on the day
44 of May , 2013.
45
46
47 CA-12530
48 March 7, 2013
49 R-1
50
51
52 APPROVED AS TO ONTENT:
v:IP.
53 f' ktk
54 \ _ �. -I
55
56
14th
APPROVED AS TO LEGAL SUFFICIENCY:
Departmen
of Planning
City Attorney's Office
2
i
-68-
ITEM V -N
APPOINTMENTS ITEM #62822
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HEALTH SERVICES ADVISORY BOARD
MINORITY BUSINESS COUNCIL
SOCIAL SERVICES BOARD
May 14, 2013
-69 -
ITEM V -N
APPOINTMENTS ITEM #62823
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
JOSHUA CLARK
Unexpired term thru 10/14/2013 plus
One year term to 10/14/2014
GREEN RIBBON COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
-70 -
ITEM V -N
APPOINTMENTS ITEM #62824
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
MARY ANN SCHMIDT
Unexpired term thru 10/31/2013 plus
Two year term to 10/31/2015
HISTORICAL REVIEW BOARD
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
-71 -
ITEM V -N
APPOINTMENTS ITEM #62825
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
TRAVIS BOYER
No term
OLD BEACH DESIGN REVIEW COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
-72 -
ITEM V -N
APPOINTMENTS ITEM #62826
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
NICK EDA
Junior, Salem High School
Two year term 06/01/2013 — 06/30/2015
PUBLIC LIBRARY BOARD
Voting.• 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 14, 2013
-73 -
Item -V-Q
ADJOURNMENT ITEM #62827
Manor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:49 P.M.
Amanda Finley -Barnes, CMC
Chief Deputy City Clerk
_
R Hodges Fraser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
May 14, 2013
-74 -
PUBLIC DIALOGUE
Christina Ross, 718 Grant Avenue, Phone: 905-0265, requested the City close the
Abortion Clinics within the City by rezoning the properties, buying the buildings where they operate
and/or declaring the clinics as "dangerous nuisances ".
The Public Dialogue re Non Agenda Items concluded at 6:51 P.M.
May 14, 2013
lk
-73-
Item-VQ
ADJOURNMENT ITEM #62827
Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:49 P.M.
4h(anda Finley -Barnes, CMC
Chief Deputy City Clerk
R h Hodges Fraser, M
City Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
May 14, 2013