MAY 15, 1989
@it@ C)-f
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
VICE MIYOR ROWRT E, IEW@, V,@i--
@ERT W B@0, L,@@- @.@h
J.@l A.
El@HOBER. A,
X@M N-
JO@l @. -, K--. -.@l
NMCY K -, A' @,
I.- L @EUY, W,.@ @O
281 CITY HALL BUILDING
MUNICIPAL CENTER
IUBUY V WAM, JR., C,,, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
(80.) 427 4303
-l-, Ci@
May 15, 1989
ITEM 1. CITY MANAGERIS BRIEFING - Cc)nference Room - 12 NOON
A. INTERIM REGULATIONS FOR RURAL DEVELOPMENT
Robert J. Scott, Director of Department of Planning
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 PM
A. CITY COUNCIL CONCERNS
ITEM Ill. INFORMAL SESSION - Conference Room - 1:30 PM
A. CALL TO ORDER - Mayor Wyera E. Oberndorf
D. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Oouncil Chamber - 2:00 PM
A. INVOCATION: Chaplain Gilbert D. Gibson, USN
USS Coral Sea
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - May 1, 1989 (deferred)
2. INFORMAL & FORMAL SESSIONS - May 8, 1989
E. PUBLIC HEARING
1. FY 1989-1990 OPERATING BUDGET
SHORT-TERM RENTAL TAX RATE
DEVELOPER FEES
PROPOSED TAX RATES
MAYOR AND COUNCIL MEMBERS - COMPENSATION
F. ORDINANCES
FY 1989-1990 OPERATING BUDGET
1. DEVELOPMENT FEES:
a. Ordinance to AMEND and REORDAIN Section 1403(c) of the City
Zoning Ordinance re Applications for Pemits for Wetlands.
b. Ordinance to AMEND and REORDAIN Section 3.2 A.2 of the Site
Plan Ordinance re Procedure for Site Development Plan Approval.
c. Ordinance to AMEND and REORDAIN Sections 8.1 and 8.3 of the
Subdivision Ordinance re plat fees and subdivision variance
fees.
d. Ordinance to AMEND and REORDAIN Sections 107(g) and 221(b) of
the City Zoning Ordinance re amendments, procedural
requirements and general standards for conditional uses.
e. Ordinance to AUTHORIZING and DIRECTING the Departments of
Public Works and Public Utilities to Increase fees for certain
inspections.
f. Ordinance to AMEND and REORDAIN Section 3-24 of the Code of the
City of Virginia Beach re fees for per-mits for signs and other
advertising devices.
g. Ordinance to AMEND and REORDAIN Section 33-113 of the Code of
the City of Virginia Beach re application processfng fee for
encroachments.
h. Ordinance to AMEND and REORDAIN Section 21-205 of the Code of
the City of Virginia Beach re special permits for oversize and
overweight vehicles generally.
i. Ordinance to AMEND and REORDAIN Sections 8-32, 8-33 and 8-34 of
the Code of the City of Virglnia Beach re permit fees for
plumbing per-mits, mechanical and gas permits, and electrical
permits.
j. Ordinance to AMEND and REORDAIN Section 8-31 of the Code of the
City of Virginia Beach re building per7nits and building permit
tees.
k. Ordinance to AMEND and REORDAIN Sections 33-71 and 33-72 of the
Code of the City of Virginia Beach re permit, Inspection and
guarantee fees.
1. Ordinance URGING the Wetlands Board to Increase the processing
fee currently charged under Section 1603 of the City Zoning
Ordinance to an amount equal to the Wetlands Permit fee set by
City Oc)uncil In Section 1403 of the City Zoning Ordinance.
2. a. Ordinance, upon SECOND READING, making APPROPRIATIONS for the
Fiscal Year beginning July 1, 1989, and ending June 30, 1990,
in the slim of Five Hundred Eighty-Nine Million, Eight Hundred
Sixty Thousand, Six Hundred Eighty-Four Dol lars ($589,860,684)
for Operations and Two Hundred Seventeen Mi I I Ion, Three Hundred
Seventy-Two Thousand, Five Hundred Seventy-Seven Dollars
($217,372,577) in Interfund Transfers and regulating the
payment ot money out of the City Treasur-y, As Arnended.
b. Ordinance, upon SECOND READING, establishing the tax levy on
real estate for Tax Fiscal Year 1990.
c. Ordinance, upon SECOND READING, establishing the tax levy on
personal property and machinery and tools for the Calendar Year
1990.
d. Ordinance to AMEND and REORDAIN Section 4-89 of the Code of the
City of Virginia Beach, Virginia, re Audit Fee for Bingo Games
and Raffies.
e. Ordinance to AMEND and REORDAIN Section 31-61, Subparagraphs
(a) and (b) of the Code of the City of Virginia Beach,
Virginia, re charge for depositing solid waste at City refuse
disposal areas.
f. Ordinance, upon SECOND READING, to AMEND Chapter 35 of the Code
of the City of Virginia Beach, Virginia, by ADDING thereto a
new Section 35-252 re short-term rental tax.
g. Ordinance to AMEND Chapter 18 of the Code of the City of
Virginia Beach, Virginia, by ADDING Section 18-104.1 re license
taxation.
3. Ordinance to set compensation at $20,000 per annlim for the Mayor
and $18,000 per annum for Council 14embers.
G. PUBLIC HEARING:
1. VIRGINIA BOARD OF GAME AND INLAND FISHERIES
Request for Approval of Special Regulations
applicable to the waters of the City of
Virginia Beach
H. RESOLUTION
1. Resolution requesting the Virginia Board of Game and Inland
Fisheries to approve the certain special regulations applicable to
the waters of the City of Virginia Beach.
PUBLIC HEARING
1. PLANNING
a. Appl ication of LYLE T. and MARY E. SMITH for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires al I
lots being created in the R-6 Residential District to have a
lot width of 75 feet (2033 Sa]Em Road) (KEMPSVILLE BOROUGH).
Deferred Vey 23, 1988, August 22, 1988, and May 8, 1989.
Recommendation: DENIAL
J. CONSENT AGENDA
Al I matters I i sted under the Consent Agenda are considered in the
ord inary course of business by City Counci I and wi I I be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it wi I I be discussed and voted upon separately.
1. Resolution endorsing and supporting the continuation of the
Virginia Beach Clean Community Program and make appl ication for
grant funding in the amount of $20,105 from the Division of Litter
Control, Coimnonwealth of the State of Virginia.
2. Resolution accepting certification of certain delinquent real
estate as improperly placed on the City's delinquent land books and
authorizing the City Attorney to pursue rernoval of such parcels
f r(xn the de I I nq uent I and books.
3 . Ordinances to AMEND and REORDAIN the City Code of the City of
Virginia Beach:
a. Section 6-5 re pets on the beach.
b. ADDING a new Section 38-3.2 re restricted use of bow and arrow.
4. Ordinance authorizing the City Manager to provide to the Department
of Housing and Urban Development infortnation or materials as
necessary to permit the review, approval and funding of the City's
Fifteenth Year Entltlement Grant application.
5. Ordinance, upon FIRST READING, authorizing the City Manager to
execute an agreement with the Virginia Department of Housing and
Community Development for a Multifamily Rehabilitation and Energy
Conservation Loan Program and to APPROPRIATE the Loan Reservation
Arnount of $233,000.
6. Ordinance upon FIRST READING to APPROPRIATE additional
reimbursements from the Commonwealth in the amount of $119,669 to
the Sheriff's Department for the funding of 28 additional per-manent
positions and other operating expenses.
7. Ordinance to TRANSFER $600,000 to Project 1-945 Elementary Schools
Physical Education Classroorns to allow the simultaneous
construction of three physical education classroorns.
8. ENCROACHMENT:
Ordinance authorizing a ternporary encroachment into the City's
property, fortnerly known as Railroad Right-of-Way, to Susan S.
and Leo T. Zoby, Jr., their heirs, assigns and successors in
title at 2997 Seaboard Road (PRINCESS ANNE BOROUGH).
9. COST PARTICIPATION AGREEMENT
a. PINE MEADOWS PHASE 2, PART 1 $32,588.00 Water (CIP 5-306)
$99,217.00 Sewer (CIP 6-982)
10. LOW BIDS:
a. ASPHALT ROADS AND MATERIALS COMPANY, INC. $ 117,759.18
(Princess Anne Road/Holland Road
Intersection Improvements, CiP 2-816)
b. CROWDER CONTRACTING COMPANY $ 241,700.00
(Kempsville Pump Station
Modifications, CIP 5-977)
c. EAST COAST PIPE, Ltd. $ 544,472.22
(Alanton Phase 1, 51%, WATER, CIP 5-025)
d. ENGLISH CONSTRUCTION, INC. $4,373,192.70
(Northampton Boulevard Phase I Widening
CIP 2-925)
e. REA CONSTRUCTION COMPANY $ 880,903.00
(1988-89 BitLfninous Concrete Maintenance
Schedule - Contract IV)
t. T. A. LOVING COMPANY $9,464,049.36
(Pungo Ferry Bridge, CIP 2-962)
AND,
Ordinance to TRANSFER $1,045,000 to Project 2-962 Pungo Ferry
Bridge, to cover construction management services costs and
to award the construction contract.
11. RAFFLF/BINGO PERMITS
PHILIPPINE NURSES ASSOCIATION Raffle
VIRGINIA BEACH JUNIOR WOMENTS CLUB Raffle
12. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
GRAND LIMOUSINES, INC.
13. Ordinance authorizing license refunds in the amount of $6,889.90.
K. APPOINTMENTS
ARTS AND HUMANITIES CCMMISSION
UNFINISHED BUSINESS
Resolution to accept resignation of City Attorney J. Dale Bimson
M. NEW BUSINESS
1. RECONSIDERATION
REQUEST FOR RECONSIDERATION: Application of Michael D. Sifen,
Inc., for a Conditional Use Permit for mini-storage on the South
side of Shell Road, 192 feet West of Bradford Road (4929 Shell
Road), containing 2.7 acres (Approved Apri I 10, 1989)
(BAYSIDE BOROUGH).
2. PRESENTATION:
CLEAN THE BAY DAY - June 10, 1989, 9:00 AM - NOON
Kathy O'Hara, Center for Marine Conservation
Robert K. Dean, Chairman, Clean the Bay Day
N. ADJOURNMENT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 15, 1989
The CITY'S MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall on Monday,
May 15, 1989, at 12:00 NOON.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. lienley, John
D. Moss, Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan (Attending Daughter's Graduation at
Columbia University)
John L. Perry (ABSENT due to illness)
- 2 -
C I T Y M A N A G E R ' S B R I E F I N G
INTERIM REGULATIONS FOR RURAL DEVELOPMENT
12:00 NOON
ITEM # 31207
Robert Scott, Director of Planning, distributed a proposed Ordinance entitled:
"Agricultural Lands Overlay District Ordinance - City of Virginia Beach". This
Ordinance involves development in the agricultural areas of the City and was
partially developed in conjunction with the Consultant. The Planning Commission
held several Public Hearings and Workshops and adjusted the Ordinance
accordingly. Copy of said Ordinance is hereby made a part of the record.
A property owner who owns a piece of property in this area of the City,
regardless of its zoning or diriensions, may build on that lot. Each property
owner may subdivide one inore lot under the current 1-acre requirement during
the period this Ordinance is in effect. The property owner may subdivide
additional lots, but they must all be subject to the new requirements. After
the lots for which exemptions are granted, all other lots must be 20 acres in
size and 300 feet in width. The Ordinance provides for a special procedure
similar to a variance, where special conditions can be considered and these
provisions relaxed somewhat if the property owner can meet certain tests
established in the Ordinance. There is a provision that the Ordinance shall be
AMENDED to be brought into compliance with the Co-@uprehensive Plan within 90
days of the ADOPTION of the Plan.
Petitions containing 235 signatures in OPPOSITION to the Planning Commission's
"INTERIM PLAN" to delay growth in the southeastern portion of the City was
submitted to City Council. Said petition is hereby made a part of the record.
This Ordinance has been SCHEDULED for the City Council Meeting of May 22, 1989.
Ma 15 1989
- 3 -
IT EMS OF T HE C IT Y MANA GE R
ITal # 31208
The City Manager referenced the Resolution requesting the Virginia Board of
Game and Inland Fisheries to approve the certain special regulations applicable
to the waters of the City of Virginia Beach (See Item IV-H. I of the FORMAL
AGENDA.) The Agenda request incorrectly listed Councilwoman Henley as
requesting an additional regulation to authorize banning jet skis/water bikes
from Back Bay. A corrected form has been prepared. Councilwoman Henley advised
she actually suggested the City Council reconsider the recommendation of the
Study Committee to explore providing alternative access areas for jet skies
which would provide less conflict and congestion. The Committee had suggested
Munden Point Park and the possible use of Back Bay across from Little Island
Park. When this report was made to the Council, Councilwoman Henley suggested
the Council might wish to encourage jet skies in Back Bay or at least have
furtlier exploration before the recommendation to encourage water skis was made,
due to possible safety problems. There is an unpredictable level of water in
Back Bay.
ITFII # 31209
The City Manager advised the status of the SOUTHEASTERN EXPRESSWAY by C. E.
McGuire tentatively SCHEDULED for today, May 15, 1989. With all of the various
items associated with the Budget, the City Manager had requested the City
notify C. E. @4cGuire to SCHEDULE the Presentation for June 5, 1989.
ITII-i # 31210
The City Manager referenced DEVELOPMENT FEES and distributed his Memorandum of
May 11, 1989, which reflected an alternate fee structure. The Alternate
Proposal reduces the Water and Sewer Inspection Fee to 2.2%, reduces the
Subdivision Inspection Fee to 1.5% and adjusts the Site Plan and Subdivision
Fees. Total additional revenues under this proposal are projects at $700,000,
all of which would accrue to the General Fund. This reduction would reduce the
appropriation for the Economic Development Contingency Account in the Proposed
1989-90 Operating Budget froni $400,000 to $300,000 (Copy of said Memorandum is
hereby made a part of the record).
- 4 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITDI # 31211
Mayor Oberndorf referenced a very positive two-page Article in the Sunday, May
14, 1989, New York Times entitled: "Virginia Beach: Big City by the Sea." The
article is most complimentary to the City. Mayor Oberndorf requested copies be
made for distribution (Said copies are hereby made a part of the record.) The
auttior of the article is Robert D. Hershey, Jr., Washington Bureau
Correspondent, New York Times.
ITEM # 31212
Mayor Oberndorf referenced Ordina,ces to AMEND nd RFORDAIN the City Code of
the City of Virginia Beach: Section 6-5 re pets on the beach and ADDING a new
Section 38-3.2 re restricted use of bow and arrow. (See Item IV-J.3.a/b of the
CONSENT AGENDA.) Mayor Oberndorf requested the City Staff explain in the Formal
Session.
May 15, 1989
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
TTEM # 31213
Councilman Moss referenced the application of Paul's Motor Company on Happy
Street (ADOPTED by City Council on January 9, 1989). Paul Sutton is now back
requesting two Variances, a setback and buffer requirement next to a
residential community. Councilman Moss hoped the staff would initiate official
action.
ITFII # 31214
Councilman Moss advised Wednesday, May 17, 1989 at 7:00 P.M., the School Board
is having their Strategic Planning Session. Councilman Moss will be attending
as the Mayor's representative. Councilman Moss will advise concerning the
Session's activities to be assured he is reflecting the concerns on the Council
relative issues of performance standards and accountability measures.
ITEM # 31215
Councilman Moss advised he would sponsor discussion relative KEMSPVILLE GREENS
under UNFINISHED BUSINESS.
ITEM # 31216
Councilman Baum referenced rural roads. The majority of the roads are too
narrow to have paint on the edges. Any roadway less than 18 feet wide is not
recommended for centerlines. Nine feet is the minimum width for travel lanes.
Councilman Bauni would like the City to acquire additional right-of-way for the
rural roads.
ITEM # 31217
The City Manager advised Councilwoman Parker a SCHEDULE has been prepared and
submitted to City Council relative the CAPITAL IMPROVEMENT PROGRAM.
ITEM # 31218
Councilwoman Parker inquired relative the approval of the BOARD OF ZONING
APPEALS for the septic system by the Sandbridge group. The City @lanager advised
this decision has been appealed by the City Attorney's Office. The City
Attorney will advise. The City Manager believed it to be a question of whether
or not this was a primary or accessory use to the zoning.
ITEM # 31219
Councilwoman Parker referenced the Oil Drillings occurring around the Potomac
and the Chesapeake Bay. Councilwoman Parker requested a letter be sent to
advise of City Council's concern and request that the proper precautionary
measures are in place.
May 15, 1989
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31220
Councilman Baum referenced the LOW BID of T. A. LOVING COMPANY
in the amount of $9,464,049.36 (Pungo Ferry Bridge, CIP 2-962); AND,
Ordinance to TRANSFER $1,045,000 to Project 2-962 Pungo Ferry Bridge, to cover
construction management services costs and to award the construction contract.
(See Item IV-J.10 of the CONSENT AGENDA). Counci Iman Baum inquired when
construction would commence. The City Manager will advise.
ITEM # 31221
Councilman Sessoms referenced the LOW BID of EAST COAST PIPE, Ltd.
in the amount of $ 544,472.22 (Alanton Phase 1, 51%, WATER, CIP 5-025). (See
Item IV-J.10.c of the CONSENT AGENDA). Councilman Sessoms inquired as the
Engineers had expressed concern relative the unbalanced bids and the pavement
quantity is extremely high.
ITEM # 31222
Vice Mayor Fentress referenced the RECONSIDERATION of an Ordinance upon
application of WILLIAM DRINKWATER et ux for a Conditional Zoning
Classification, R-5D Residential Duplex District to R-T3 Resort Tourist
District on Lot 2 and one-half of Lot 4, Block 55, Virginia Beach Development
(500 Twenty-third Street), containing 7150 square feet (VIRGINIA BEACH
BOROUGH). (DENIED March 27, 1989). RECONSIDERATION was SCHEDULED for the City
Council Meeting of May 22, 1989. As new facts have not been introduced, and
because of Councilman Perry's illness, as well as the Vice Mayor not being in
attendance for the Council Meeting of May 22, 1989, Vice Mayor Fentress
requested this RECONSIDERATION be DEFERRED until the City Council Sessions of
June 26, 1989.
- 7 -
ITEM # 31223
The INFORMAL SESSION of the VIRGINFA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui Iding, on
Monday, May 15, 1989, at 12:40 P.M.
Council Mernbers Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Counci I Members Absent:
Reba S. McClanan and John L. Perry
- 8 -
1TEM # 31224
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promo-rion, pertormance, demotion, salaries, discipi ining or
resignation of public officers, appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel or brief ings by staff
-members, consultants or attorneys, pertaining to actual or potential
I itigation, or other legal matters within the jurisdiction of the publ ic
body pursuant to Section 2.1-344 (a) (6).
Upon motion by Counci lman Baum, seconded by Counci lman moss, City Counci I
voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Counci I Members Voting Aye:
Albert W. Balko, John A. BaLKn, Vice %yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf , Nancy K. Parker
and William D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 15, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bul Iding, on Monday, Voy
15, 1989, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Nbyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf , Nancy K. Parker
and William D. Sessoms, Jr.
Counci I Members Absent:
Reba S. McClanan and John L. Perry
INVOCATION: Chaplain Gilbert D. Gibson, USN
USS Coral Sea
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
Item V-D. 1.
MINUTES ITEM # 31225
Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council
DEFERRED until the City Council Meeting of May 22, 1989, the MINUTES of the
INFORMAL AND FORMAL SESSIONS of May 1, 1989.
The DEFERRAL will enable explanation of the AMENDMENTS regarding curbcuts to
the Ordinance upon application of FERRELL PARKWAY ASSOCIATES for a Change of
Zoning District Classification from R-20 to 0-2 (ADOPTED: 4/24/89).
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
Ma 15 1989
Ttem V-D.2.
MINUTES ITEM # 31226
Upon mation by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of May 8,
1989.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Merqbers Absent:
Reba S. @IcClanan and John L. Perry
Ma 1 1
- 12 -
Item TV-E.I.
ADD-ON ITEM # 31227
Con-ressman Owen Picket and Tony Leger, Manager - Back Bay National Wildlife
Refuge, presented the Mayor a check in the amount of $191,834 from the
Department of Interior Fish and Wildlife Service, being paid on behalf of the
Back Bay National Wildlife as a revenue sharing payment. This is an annual
payment made in lieu of the Federal Government paying local taxation on this
property.
- 13 -
Item V-E.I.
PUBLIC REARING ITEM # 31228
Mayor Oberndorf DECLARED a PUBLIC HEARING:
FY 1989-1990 OPERATING BUDGET
SHORT-TERM RENTAL TAX RATE
DEVELOPER FEES
PROPOSED TAX RATES
MAYOR AND COUNCIL MEMBERS - COMPENSATION
The following registered to speak:
Steve Magula, 1592 Bay Point Drive, Phone: 481-3651, President of the Tidewater
Builders Association. The Tidewater Builders Association is in support of the
alternative developer fee structures recommended by the City Manager in his
memorandum of May 11, 1989, with the exception of the subdivision inspection
fee and the water and sewer inspection fee. @Ir. Magula requested a DEFERRAL on
those two items.
R. Dean Lee, 4512 Virginia Beach Boulevard, Chairman of Hampton Roads Chamber
of Commerce - Virginia Beach Council: economic development will be negatively
impacted by the raising of development related fees. (Letter stating position
of the Chamber of Commerce is hereby made a part of the record.)
Colonel Robert Engesser, 5290 Vestry Drive, spoke relative the FY 1989-1990
OPERATING BUDGET
Andrew S. Fine, 6810 Ocean Front, 490-4545 - private developer, spoke in favor
of the alternative developer fee structures recommended by the City Manager
in his memorandum of May 11, 1989.
Dick Browner, 207 81st Street, Phone: 468-7717, spoke in favor of the
alternative developer fee structures recommended by the City Manager
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING.
m
- 14 -
Itern IV-F.I.
FY 1989-1990 OPERATING BUDGET ITFJII i 31229
DEVELOPMENT FEES
A motion was made by Councilnan Heischober, seconded by Vice Mayor Fentress to
ADOPT the Ordinances pertaining to DEVELOPMENT FEES, Items a,f,g,h,i,j,k,l and
ADOPT ALTERNATIVE PROPOSALS Items b,c,d and e of DEVELOPMENT FEES, presented
by the City Manager, DEFERRING the portion of Item e related to Public
Utilities (water and sewer inspection fees) until the City Council Meeting of
June 19, 1989.11
A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Councilwoman
Parker to ADOPT the Ordinances pertaining to DEVELOPMENT FEES, Items
a,b,c,d,e,f,g,h,i,j,k and I as presented in City Council's Agenda.
Voting: 3-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John D. Moss, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Vice Niayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley and
William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan and John L. Perry
May 15, 1989
1 5
Item IV-F.l.
FY 1989-1990 OPERATING BUDGET ITEM # 31230
DEVELOPMENT FEES
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED the Ordinances pertaining to DEVELOPMENT FEES, Items
a,f,g,h,i,j,k,l and ADOPTED ALTERNATIVE PROPOSALS Items b,c,d and e of
DEVELOPMENT FEES, presented by the City Manager, DEFERRING the portion of Item
e related to Public Uti I ities (water and sewer inspection fees) unti I the City
Counci I Meeting of June 19, 1989.*
Ordinance to AMEND and REORDAIN Section 1403(c) of
the City Zoning Ordinance re Applications for
Permits for Wetlands.
Ordinance to AMEND and REORDAIN Section 3.2 A.2 of
the Site Plan Ordinance re Procedure for Site
Development Plan Approval. (ADOPTED ALTERNATIVE
PROPOSAL)
Ordinance to AMEND and REORDAIN Sections 8.1 and
8.3 of the Subdivision Ordinance re plat fees and
subdivision variance fees. (ADOPTED ALTERNATIVE
PROPOSAL)
Ordinance to AMEND and REORDAIN Sections 107(g) and
221(b) of the City Zoning Ordinance re amendments,
procedural requirements and general standards for
conditlonal uses. (ADOPTED ALTERNATIVE PROPOSAL)
Ordinance to AMEND and REORDAIN Section 3-24 of the
Code of the City of Virginia Beach re fees for
permits for signs and other advertising devices.
Ordinance to AMEND and REORDAIN Section 33-113 of
the Code of the City of Virginia Beach re
application processing fee for encroachments.
Ordinance to AMEND and REORDAIN Section 21-205 of
the Code of the City of Virginia Beach re special
permits for oversize and overweight vehicles
generafly.
Ordinance to AMEND and REORDAIN Sections 8-32, 8-33
and 8-34 of the Code of the City of Virginia Beach
re permit tees for pILnbing permits, mechanical and
gas permits, and electrical permits.
Ordinance to AMEND and REORDAIN Section 8-31 ot the
Code of the City of Virginia Beach re building
permits and building pertnit fees.
Ordinance to AMEND and REORDAIN Sections 33-71 and
33-72 of the Code of the City of Virginia Beach re
permit, Inspection and guarantee fees.
Ordinance URGING the Wetlands Board to Increase the
processing fee currently charged under Section 1603
of the City Zoning Ordinance to an amount equal to
the Wetlands Permit fee set by City Counci I in
Section 1403 of the City Zoning Ordinance.
- 16 -
Item IV-F.I.
FY 1989-1990 OPERATING BUDGET ITEM # 31230 (Continued)
DEVELOPMENT FEES
AND, DEFERRED unti I the City Counci I Meeting of June 19, 1989,* the portion of
the Ord inance related to Pubf ic Uti I ities. (City Counci I ADOPTED only the
portion related to Public Works in the ALTERNATE PROPOSAL.)
Ordinance AUTHORIZING and DIRECTING the Departments
of Public Works and Public Utilities to Increase
fees for certain Inspections.
Voting: 6-3
Council Members Voting Aye:
Albert W. Balko, John A. BaLrn, Vice @yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, and
William D. Sessoms, Jr.
C<)uncil Members Voting Nay:
John D. Moss, Mayor Wyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
Reba S. McClanan and John L. Perry
This item was originally DEFERRED until the City Council Meeting of June 5,
1989, but for advertising purposes the DEFERRAL was AMENDED to June 19, 1989.
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION
2 1403(c) OF THE CITY ZONING ORDINANCE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING
4 TO APPLICATIONS FOR PERMITS FOR WETLANDS.
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Section 1403(c) of the City Zoning Ordinance of
9 the City of Virginia Beach, Virginia, is hereby amended and
10 reordained to read as follows:
11
12 Section 1403. Applications for permits.
13 (a) Any person who desires to use or develop any wetland
14 within this city, other than for those activities specified in
15 section 1402 above, shall first file an application for a permit
16 with the wetlands board directly or through the Commission.
17 (b) An application shall include the following: The name
18 and address of the applicant; a detailed description of the
19 proposed activity and a map, drawn to an appropriate and uniform
20 scale, showing the area of wetland directly affected, with the
21 location of the proposed work thereon, indicating the area of
22 existing and proposed fill and excavation, especially the
23 location, width, depth and length of any proposed channel and the
24 disposal area; all existing and proposed structures; sewage
25 collection an treatment facilities, utility installations,
26 roadways, and other related appurtenances or facilities,
27 including those on adjacent uplands, and the type of equipment to
28 be used and the means of equipment access to the activity site;
29 the names and addresses of owners of record of adjacent land and
30 known claimants of water rights in or adjacent to the wetland of
31 whom the applicant has notice; an estimate of cost; the primary
32 purpose of the project; any secondary purposes of the project,
33 including further projects; the public benefit to be derived from
34 the proposed project; a complete description measures to be taken
35 during and after the alteration to reduce detrimental offsite
36 effects; the completion date of the proposed work, project, or
37 structure and such additional materials and documentation as the
38 wetlands board may deem necessary.
39 (c) A nonrefundable processing fee to cover the cost of
40 processing the application,
41 wi:th- due -f-or,--th@
42
43 each-application7 shall be charged in the amount of seven tenths
44 of one percent .7%) of the total construction value of the
45 permit item for commercial applications with a minimum fee of two
46 hundred dollars ($200. 00) and one quarter of one percent ( .25%)
47 of the total construction value of the permit item for
48 residential applications with a minimum fee of one hundred
49 dollars ($100.00).
50 These fees shall apply to original applications, re-
51 applications and requests for variance approval after the fact.
52
53 An emergency is hereby declared, and this ordinance
54 shall be effective upon adoption.
55
56 Adopted by the Council of the City of Virginia Beach,
57 Virginia, on the 15 day of May 1989.
58
59 KJC/epm
60 03/10/89
61 05/01/89
62 05/02/89
63 CA-3216
64 \ordin\proposed\45-1403et.pro
2
EXHIBIT 3A APPWY@D AS @NTS
SIGt4ATtJtE
DEPARTMENT
APPROVED AS TO LEGAL'
1 AN ORDINANCE TO AMEND AND REORDAIN @IICTI?U@ICIENCY AND FORM
2 8.1, AND 8.3 OF THE SUBDIVISION ORDINANCE
3 THE CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO PLAT FEES AND SUBDIViS!O,. cny @t*Y
5 VARIANCE FEES
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Sections 8.1 and 8.3 of the Subdivision Ordinance
10 of the City of Virginia Beach, Virginia, is hereby amended and
11 reordained to read as follows:
12 Section 8.1. Plat fees.
13 At- tiie fee @-ten
14
15 th'itty-f-ive
16
17 --p@ided r-
18 minimdm-fee-of-ten-dollars-f$10706f-per-pi&tT--Such-fees-shall-be
19 payable-to-the-treaserer-cf-the-eityT
20 (a) At the time preliminary subdivision plats are
21 submitted, the following fees shall be due and payable from the
22 effective date of this ordinance:
23 1) Residential two (2) lot plats - two hundred dollars
24 ($200.00).
25 2) Residential three (3) to (5) five lot plats - five
26 hundred dollars ($500.00) plus one hundred dollars ($100.00)
27 per lot.
28 3) Residential six (6) or more lot plats - seven
29 hundred dollars ($700.00) plus five dollars ($5.00) per lot
30 after the first five (5) lots.
31 4) Non-residential plats - seven hundred dollars
32 ($700.00) plus thirty dollars ($30.00) per lot.
33 (b) At the time construction plans are submitted for
34 residential subdivisions of six or more lot plats or for any non-
35 residential subdivisions, the following fees shall be due and
36 payable from the effective date of this ordinance:
EXHIBIT 3A, continued
37 one hundred fifty dollars ($150.00) plus
38 fifty dollars ($50.00) per hundred (100)
39 linear feet of roadway.
40 (c) At the time final subdivision plats are submitted, the
41 following fees shall be due and payable from the effective date
42 of this ordinance:
43 1) Residential six (6) or more lot plats - three
44 hundred fifty dollars ($350.00) plus five dollars
45 ($5.00) per lot after the first five (5) lots.
46 2) Non-residential plats - three hundred fifty
47 dollars ($350.00) plus thirty dollars ($30.00) per
48 lot.
49 (d) If an applicant, at any time during subdivision review,
50 submits a revised plan or portion thereof, or makes a change to
51 the plan under review not at the request of the City of Virginia
52 Beach, such revision shall be accompanied by a fee of one hundred
53 dollars ($100.00) per sheet that is revised or changed.
54 (e) If a subdivision plat does not create a greater number
55 of lots, such plat when submitted shall be accompanied by the
56 following fees:
57 1) Residential plat - fifty dollars ($50.00).
58 2) Non-residential plat - two hundred dollars
59 ($200.00).
60 (f) When a plat is submitted encompassing land within a
61 community development target area, no plat fee shall be due from
62 property owners who qualify as low and moderate income as
63 determined by the secretary of housing and urban development or
64 by the Virginia Housing Development Authority under one (1) or
65 more of their rental assistance or homeowner mortgage programs.
66 Through agreement with the city, waiver of plat fees may also be
67 provided to builders who are building under the aforementioned
68 programs for low and moderate income families.
69 (g) All fees shall be payable to the city treasurer.
70
71
2
EXHIBIT 3A, concluded
72 Section 8.3. Subdivision variance fees.
73 Any- -appea-l- sha 3: i - be-
74
75 notice-of-pubi:ic-hearing-and-processingT
76 Any appeal for a variance shall be accompanied by the
77 following fees to cover the costs of processing the appeal and
78 publication of the notice of public hearing:
79 From the effective date of this ordinance, three
80 hundred eighty five dollars ($385.00).
81
82 An emergency is hereby declared and this ordinance shall be
83 effective upon adoption.
84
85 Adopted by the Council of the City of Virginia Beach,
86 Virginia, on the 15 day of May 1989.
87
88 KJC/epm
89 03/10/89
90 03/15/89
91 05/02/89
92 05/12/89
93 CA-3209
94 \ordin\proposed\47-008-letc.alt
EXHIBIT 4A
,,40RO,VCD AS 'ro LEGAU
SUFFICIENCY. AND @o@
NANCE TO AMEND AND REORDAIN SECTIONS
AND 221(b), OF THE CITY ZONING
3 ORDINANCE OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO AMENDMENTS AND
5 PROCEDURAL REQUIREMENTS AND GENERAL STANDARDS
6 FOR CONDITIONAL USES
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That Sections 107(g) and 221(b) of the City Zoning
11 Ordinance of the City of Virginia Beach, Virginia, are hereby
12 amended and reordained to read as follows:
13
14 Section 107. Amendments.
15 ....
16 (g) Fee. A petition of any property owner to amend,
17 supplement or change the regulations, district boundaries, or
18 classification of property shall be accompanied by a-f@@
19
20 HoweveT7--any
21 petition- -t-i as -an
22 amenelfn@--to--&rt- -vi+@-section
23 10@tht- -1--be- -clellare
24 f$500-766t7 a fee in the amount of five hundred fifty dollars
25 ($550.00) plus ten dollars ($10.00) per acre for each acre or
26 part thereof over one hundred (100) acres.
27 ....
28
29 Section 221. Procedural requirements and general standards for
30 conditional uses.
31
32 ....
33 (b) Fees. The application shall be accompanied by a-fee-of
34 one- -of
35 the
36 following fees to cover the costs of processing the application
37 and publication of the notice of public hearing:
38 Six hundred dollars ($600.00) for all applications
39 except:
EXHIBIT 4A, concluded
40 (1) Those either submitted by a non-profit
41 organization or an application for a home
42 occupation under S 234 of the city zoning
43 ordinance. The fee for these applications
44 shall be one hundred twenty-five dollars
45 ($125.00); or
46 (2) Those submitted to allow a single-family
47 dwelling in AG-1 zoning. The fee for these
48 applications shall be fifty dollars ($50.00).
49
50 ....
51
52 An emergency is hereby declared, and this ordinance shall be
53 effective upon adoption.
54
55 Adopted by the Council of the City of Virginia Beach,
56 Virginia, on the 15 day of May 1989.
57
58 KJC/epm
59 03/10/89
60 05/02/89
61 05/15/89
62 CA-3208
63 \ordin\proposed\45-106etc.alt
2
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 3-24 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO FEES FOR PERMITS FOR
5 SIGNS AND OTHER ADVERTISING
6 DEVICES
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 3-24 of the Code of the City of Virginia
11 Beach is hereby amended and reordained to read as follows:
12
13
14 Section 3-24. Fee.
15
16 Each application for a permit under this article shall
17 be accompanied by a permit fee of twenty-
18 three dollars ($23.00).
19
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 15 day of May 1989.
22
23 KJC/epm
24 03/09/89
25 CA-03204
26 \ordin\proposed\03-024.pro
27
28
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 33-113, OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO APPLICATION
5 PROCESSING FEE FOR ENCROACHMENTS
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 33-113 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 33-113. Application; processing fee.
14
15 Applications for encroachments into public streets and
16 other public ways, places or property shall be made to the
17 department public works. A fee of one hundred fifty dollars
18 f$100700t ($150.00) shall be paid to the city for the processing
19 of an application for an encroachment into any public street or
20 other public way, place or property. The director of public
21 works or his authorized representative shall not accept any
22 application unless such fee be paid at the time the application
23 is filed. The department of public works is hereby authorized
24 and directed to prepare and adopt a procedure for the processing
25 of such applications and the reporting to city council of any
26 detrimental effect which a requested encroachment may have on the
27 public health, safety, welfare or interest.
28 City council may deny or grant permission to encroach
29 subject to such terms and conditions as city council may, in its
30 discretion, deem proper. Notwithstanding any other provision of
31 law, city council shall deny any encroachment request it
32 determines, in its discretion, to be detrimental to the public
33 health, safety, welfare or interest.
34 Permission by city council granted hereunder to any
35 person to construct and maintain an encroachment into any public
36 street or other public way, place or property shall not relieve
37 such person or encroachment of complying with all other
38 applicable laws, regulations and requirements.
39
40
41 Adopted by the Council of the City of Virginia Beach,
42 Virginia, on the 15 day of May , 1989.
43
44 KJC/epm
45 03/10/89
46 CA-03207
47 \ordin\proposed\33-113.pro
2
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 21-205 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO SPECIAL PERMITS FOR
5 OVERSIZE AND OVERWEIGHT VEHICLES
6 GENERALLY
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 21-205 of the Code of the City of Virginia
11 Beach is hereby amended and reordained to read as follows:
12
13
14 Section 21-205. Special permits for oversize and overweight
15 vehicles generally.
16
17 (a) The city manager may, in his discretion, upon
18 application in writing accompanied by a fee of twenty-five
19 ($25.00) dollars to cover the cost of processing the application,
20 except for the permits referenced below,. and good cause being
21 shown therefor, issue a special permit in writing authorizing the
22 applicant to operate or move a vehicle upon the highways of the
23 city of a size or weight exceeding the maximum specified in this
24 article. Except as otherwise specifically provided, every such
25 permit may designate the route to be traversed and contain any
26 other restrictions or conditions deemed necessary by the city
27 manager.
28 (b) Special permits to operate or move a vehicle upon
29 the highways of the city of a weight exceeding the maximum
30 specified in this article shall be granted without cost where the
31 vehicle is hauling or carrying containerized cargo in a sealed,
32 seagoing container bound to or from a Virginia seaport and has
33 been or will be transported by marine shipment, provided the
34 single axle weight does not exceed twenty thousand (20,000)
35 pounds, the tandem axle weight does not exceed thirty-four
36 thousand (34,000) pounds and the gross weight does not exceed
37 seventy-eight thousand (78,000) pounds, and provided the contents
38 of such seagoing container are not changed from the time it is
39 loaded by the consignor or his agents to the time it is delivered
40 to the consignee or his agents. Cargo moving in vehicles
41 conforming to specifications shown in this subsection but
42 exceeding axle and gross weight limitations shown in this
43 subsection shall be considered irreducible and eligible for
44 permits under regulations of the state highway and transportation
45 commission. The requirement of this paragraph that the container
46 be bound to or from a Virginia seaport need not be met if the
47 cargo in the container (i) is destined for a seaport outside
48 Virginia and (ii) consists wholly of farm products grown in that
49 part of Virginia separated from the larger part of the
50 commonwealth by the Chesapeake Bay.
51 (c) The city manager upon application in writing made
52 by the owner or operator of three-axle vehicles used exclusively
53 for the mixing of concrete in transit or at a project site or for
54 transporting necessary components in a compartmentalized vehicle
55 to produce concrete immediately upon arrival at the project site,
56 and having a gross weight not exceeding sixty thousand (60,000)
57 pounds, a single axle weight not exceeding twenty thousand
58 (20,000) pounds, and a tandem axle weight not exceeding forty
59 thousand (40,000) pounds, shall issue to such owner or operator,
60 without cost, a permit in writing authorizing the operation of
61 such vehicles upon the highways of the city. No such permit
62 shall be issued authorizing the operation of the vehicles
63 enumerated in this subsection for a distance of more than twenty-
64 five (25) miles from a batching plant; however, the said permit
65 shall not designate the route to be traversed nor contain
66 restrictions or conditions not applicable to other vehicles in
67 their general use of the highways.
68 (d) The city manager, upon application in writing made
69 by the owner or operator of three-axle passenger buses,
70 consisting of two (2) sections joined together by an articulated
71 joint with the trailer being equipped with a mechanically steered
72 rear axle, and having a gross weight not exceeding sixty thousand
73 (60,000) pounds, a single axle weight not exceeding twenty-five
74 thousand (25,000) pounds and a width not to exceed one hundred
75 two (102) inches, shall issue to such owner or operator, without
76 cost, a permit in writing authorizing the operation of such
77 vehicles upon the highways.
2
78 (e) No permit issued under this section providing for
79 a single axle weight in excess of twenty thousand (20,000) pounds
80 or for a tandem axle weight in excess of thirty-four thousand
81 (34,000) pounds shall be issued to include travel on the federal
82 interstate system of highways.
83 (f) Each vehicle, when loaded according to the
84 provisions of a permit issued under this section, shall be
85 operated at a reduced speed. The reduced speed limit shall be
86 ten (10) miles per hour slower than the legal speed limit in
87 fifty-five (55), forty-five (45) and thirty-five (35) miles per
88 hour speed limit zones.
i,9 (g) Every permit issued under this section shall be
90 carried in the vehicle to which it refers and shall be open to
91 inspection by any officer and it shall be a misdemeanor for any
92 person to violate any of the terms or conditions of such special
93 permit.
94
95 Adopted by the Council of the City of Virginia Beach,
96 Virginia, on the 15 day of May 1989.
97
98 KJC/epm
99 03/09/89
100 CA-03203
101 \ordin\proposed\21-205.pro
102
103
3
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 8-32, 8-33, and 8-34 OF
3 THE CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 PERMIT FEES FOR PLUMBING PERMITS,
6 MECHANICAL AND GAS PERMITS AND
7 ELECTRICAL PERMITS.
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Sections 8-32, 8-33, and 8-34 of the Code of the
12 City of Virginia Beach is hereby amended and reordained to read
-3 as follows:
i4
15
16 Section 8-32. Same - Plumbing permits.
17
18 (a) The fee for a permit for plumbing work, as
19 required by the building code, shall be ten fifteen dollars
20 f$16700t ($15.00) and, in addition thereto, the following;
21 (1) Each plumbing fixture, floor drain
22 or tap: Four dollars ($4.00).
23 (2) Each house sewer connection: Ten
24 dollars ($10.00).
25 (3) Each house water connection: Ten
26 dollars ($10.00).
27 (4) Each septic tank or drainfield:
28 Twenty-five dollars ($25.00).
29 (5) On-site sanitary sewer collector
30 lines, per building; Fifty dollars
31 ($50.00).
32 (6) On-site portable water distribution
33 lines, per building: Fifty dollars
34 ($50.00).
35 (b) The fees prescribed in this section shall be in
36 addition to the sewer and water connection fees and charges
37 provided for in chapters 28 and 37 of this Code.
38
39 Section 8-33. Same - mechanical and gas permits.
40 The minimum fee for any mechanical or gas permit
41 required by the building code shall be ten fifteen dollars
42 ($ 15. 0 0) with the exception that the fee for the
43 installation of gas outlets for a gas piping system shall be ten
44 fifteen dollars f$10706t ($15.00), plus two dollars ($2.00) for
45 each additional outlet over two (2). For the installation or
46 replacement of mechanical systems or equipment, the fee shall be
47 at the rate of four dollars ($4.00) per one thousand dollars
48 ($1,000.00) of the current value of all service, labor, materials
49 and equipment.
50
51 Section 8-34. Same - Electrical permits.
5? (a) The fee for a permit for electrical work, as
13 required by the building code, shall be as specified in this
54 section.
55 (b) There shall be charged a minimum fee of ten
56 fifteen dollars f$I@T@et ($15.00) for each permit issued.
57 (c) For a permit issued for a temporary service, such
58 as a trailer, house meter or meter loop added to an existing
59 service7--n@-@ the fee shall
60 be ten fifteen dollars f$10780t ($15.00). Fe r - sdch- -f@
61 t h o 9 e - t empor er y-
62 shal-l-be-fifteen-dallars-f$157eetT
63 (d). For a permit for any special condition, such as
64 and including buildings moved, swimming pools, carnivals,
65 services relocated but not increased and the like, the fee shall
66 be a minimum of ten fifteen dollars f$10708t ($15.00). The fee
67 for a permit for prefabricated buildings for out-of-city use
68 shall be twenty dollars ($20.00).
69 (e) For a permit issued for original construction, the
70 following fees include all equipment outlets only if specifically
71 listed on the application and installed by the permit holder
72 before the final inspection, such fees being based on the maximum
73 current carrying capacity of each set or subset of service
74 conductors installed, to the nearest fifty (50) amperes:
75 (1) Single phase: Fifteen dollars
76 ($15.00) per fifty (50) amperes.
2
77 (2) Three (3) phase: Twenty dollars
78 ($20.00) per fifty (50) amperes for
79 the first one thousand (1,000)
80 amperes and ten dollars ($10.00)
81 per ampere in excess of one
82 thousand (1,000) amperes.
83 When services are increased or phases added, the fee shall be
84 one-half the rate above, plus the added equipment fee. For fee
85 purposes, the service-panel nameplate amperage rating shall be
86 used.
8-7 (f) The following fees shall apply in regard to a
@8 permit with reference to wiring or equipment connected to an
89 existing service. For each piece of equipment connected and for
90 each circuit or feeder installed, extended, relocated or
91 repaired, the fee shall be:
92 Amperes Conductor Size Fee
93 0-- 30 #14, 12, 10 $ 3.00 each
94 31-- 60 #8, 6 $ 4.00 each
95 61--100 #4, 3, 2 $ 5.00 each
96 101--200 #1, 0, 00, 000 $10.00 each
97 Over 200 Over 000 $15.00 each
98 (g) On any electrical work commenced before an
99 electrical permit has been issued and the requisite fee paid
100 therefor, a civil penalty of twenty-five fifty dollars f$2STeOt
101 ($50.00) per unit shall be added to the fee due. Payment of such
102 penalty shall not in any way relieve the violator from such
103 penalties as may be imposed by the courts.
104
105 Adopted by the Council of the City of Virginia Beach,
106 Virginia, on the 15 day of May 1989.
107
108 KJC/epm
109 03/09/89
110 03/15/89
ill CA-03205
112 \ordin\proposed\08-032ETC.pro
3
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 8-31 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO BUILDING PERMITS AND
5 BUILDING PERMIT FEES.
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 8-31 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 8-31. Permit fees - Building permits.
14
15 (a) It shall be unlawful for any person to construct,
16 enlarge, alter, repair or demolish a any building or structure
17 f 1-1-ation--of
18 regu-Itk+-@, by as defined in the Virginia Uniform Statewide
19 Building Code, without first obtaining the-@@ a building
20 permit therefort and paying the permit fees as-hereby-established
21 and set out forth in the--fe4-le".ng- this section7
22
23 building-code.
24 (b) The minimum fee for any building permit shall be
25 ten fifteen dollars f$10760t ($15.00).
26 (c) For the construction of any building or addition
27 thereto where the floor area is increased and for the
28 installation or erection of any industrialized building unit, the
29 fee shall be based on the floor area to be constructed, as
30 computed from exterior building dimensions at each floor, as
31 follows:
32 fit--Resident+a+t
33 ar -feet
34
35 t2700ot-.5titi'a-r@
36
37 square-feet-or-faction-thereofv
38 b7
39
40 thousand--(@, -square- i--the
41 fee-@ltalk- @ - @- i%tm&@-twenty
42 dellars-f$i26T66t-for-the-first-two
43 thous& nd- -1-2-,@ -aqua r e- -15ins
44 f- i: ve- @l-i-er r& - pe-r- - h d nd red
45 sqtare-feet-or-fraction-thereetT
46 eT For--f-i-re- --(@,@--sqttare
47 f- e@ - @rt e - - hd@r-e d - - t h@a7rt d
48
49
50
51 five- -f5769et- -feet
52 p-I tis
53 htind-r@-
54 thereeft
55 d7 For-@
56
57 be--fetrr-- --s T--do3:3:ars
58
59 hundred-
60 feet-plus-three-dollars-f$37OOt-per
61
62 thereoE7-withedt-limitT
63 f2t--Business-and-mereantileT
64 aT -feet
65
66 f 2 7 0 0 0 -squa-r@
67 b e- - s@it - @ - - " -7 -.@) --- per
68 h u nd-r@ - sq-u-&r@ - f ee+ - -a r - -f-r-&e t- ic n
69 thereeft
70 b7 P ot - - t w 0- -t-he tt 9 a rkd - - f a r & 0 6@tt a r e
71 f-,e@-trp--@- and -t-L- n
72 thatisand--f-i@,4"- -@t-;--the
73
74 de+lars-f$14OTO@t-for-the-first-two
75 thousand--(-2-,@-square- -plds
2
76 $6-. "J--13er--ittr@red
77 sqdare-feet-or-faction-thereefT
78 eT- Fe-r--t-ert-
79 feet-@-+@-&@- twenty-
80 five-thodsand-f2S76861/2-sqdare-feet7
81 the-fee-shai+-be-six-hdndred-twenty
82
83 thousend-l-l@,@- -p3:tis
84 f i ve- h ti mared
85 equare-feet-or-fraction-thereafT
86 el Per- @--t -f257060t
87 squa re-.f eet-@ @i- @-@ -shall
88 be--o-n@--t a nd- - t ii-r@ - r-ed
89 seventy-dollars-f$1737070et-for-the
90 first-twenty-five-thadsand-fRS7e@et
91 9 q t2 et r e - @e t -Id@ - -f @l+& r a
92 f$47OOt-@- -@t--or
93 fraetion-thereeET-withaut-limitT
94
95 gk T P a r - @ -Ittr@red - I -1,Hl - -feet
96 ti p - @ - and- i-rtg - t h o u 9 a n d
97 f 1 7 0 0 0 t - 'Sqd-a-r@
98 b e- - s@rt - -4 o I -1@ - - $ -pe r
99 h u ii@@ - s qd-&r@ - f ee + - o r - -f-r-&e t, i o n
100 thereaft
101 b-7 P o-r - -a n e - - b?tott 9 a n d - - f I 0 0 6 @tta r e
102 f
103 thousand--(@,@-square- i--the
104
105
106 -p3:us
107
108 sqdare-feet-or-fraction-thereefT
109 CT For--f-i-ve-
110 feet--ttp-@-@-4-m@tmA@-twenty
ill thousand-l@,@- -@t-r-the
3
112 -ten
113
114 five- -f57669t- -feet
115 p-itis
116 eet--or--f-r-&eL-ion
117 thereoft
118 d7 For-twenty-thousand-f28786Gt-square
119 feet-,ov-@,-@ fee
120 $17060700t
121 t--L-we-n-t-p--t &Itd
122 f
123 re&-sqtlare
124 feet-@-frection- i--w+thout
125 I:imitT
126 f4t--Assemi5ly-
127 a7 -feet
128
129
130 be--
131
132 thereeft
133 bT Fe-r--one--thettsand--f I-TOOOI-@ttare
134
135 thousand-@, )--square- i--the
136 e v e
137
138
139 @-sqttare
140 feet-or-frection-thereofT
141 C,7 For--f-i-re- -1@,4"--square
142 f-eet-@ i f-teen
143 -@t-;- - t h e
144 f ee- - a h a -1 -1- - b e - - t h r e e- -h u n d t ed- - t e n
145 &r--the--fi-rst
146 five- -f576OOt- -feet
147 p-lt2s
4
148 htttid-r@-sq'dirr@-f
149 thereeft
150 d-7 F@ - -f-i-f-L-e e@ - +
151 squdre- f eet- -sha I 1
152 be--e-i@L---itttn - -t- e ii --d@-l-a7r- 9
153
154 thousand-i-l@,4"- -@t--pi-us
155 f
156 -thereOE7
157 withottt-limitv
158 fSt--Sterage-
159 dT -feet
160 up- -&-nd- -thetisand
161 -@-@-shaii
162 be-four-do+lars-f$4T@6t-per-httndred
163 sqdare-feet-or-traction-thereefT
164 bT
165 i e e t - -a@ - f i f t e e n
166 feel-r-the
167 f @a -1 -1- - i7 g -4 a -1-1@r- a
168 f$80706t-for-the-first-two-thousand
169 f -2-,@)-- r-e- feeL--@tte--t-ittee
170 m&-square
171 feet-or-fraetion-thereefT
172 Cr
173 square-f
174
175
176 thattsand-l-l@,4"- -@t--p3:us
177 $-2-.,861--Pef--Ittrrtdred
178 sqtinTe--f-eeL-- or --f-r@-i@-thereef-7
179 without-limitt
180 f6t--industrialT
181 &7 Fe r - @ -)ttr@"d - i -1."i - -feet
182 ti p- @ - &-nd- - t h o t s a n 8
183 f 2 7 0 6 0 -sqd-a-r@
5
184
185 sqeare-feet-or-fraction-thereafT
186 b-r @r&001 --"ttare
187 f e@- -'dlD- - t@ - ft-M@ -f-iV e
188 thousend--(@,@ -square- i--the
189 fee- -do3:i:ars
190
191 thad sa n d - -f-2-,@ - sqda re - -pids
192 fedt - -h u nd red
193 square-feet-or-faction-thereofv
194 C7 For--f-i-re-
195 feet-e-r-@@,-
196 hundTed--twenty--&eiia rs --@2.a&vGet
197 for-the-first-five-thousand-f57986t
198 a qu@ - -f @1-1-a r 5
199 f $3TOOt-pe-r- -@t.-er
200 faction-thereef7-withedt-limitT
201 f.?t--Harardets-starage-or-oecupancyt
202 ar Fe r - @ -Ittrrrdred - I -1-Hi - -feet
203 ti p - @ -&rt& - -i-n@,dd-i7n@@-thattsand
204 5 7 6 0 0 -sqd-a-r@ -@-@-shall
205
206 square-feet-or-fraction-thereafT
207 b-r For--f-@L-- -1@,@--square
208 and--@rte-I -@en
209 Ichattsand--(-I@,@- -@t-i--the
210 -dollars
211
212 thousand-@,@-square- -plus
213 three-@-i@-f $37e8t-@-hundred
214 sqdare-feet-or-fract@n-thereofT
215 CT For--@rt-
216 f
217
218 3 5 9
219
6
220 $-27iHl--per--Ittritdred
221 7
222 without-limitt
223
224 Type of Size in Base Additional
225 Building Permit Square Feet Fee Rate Per
226 100 Sq Ft
227
228
229 (1) Residential 100- 2,000 - $6.00
230 2,000- 5,000 $120 5.00
231 5,000-100,000 270 4.00
232 100,000+ 4,070 3.00
233
234 (2) Business/ 100- 2,000 - $7.00
235 mercantile 2,000- 10,000 $140 6.00
236 -10,000- 25,000 620 5.00
237 -25,000+ 1,370 4.00
238
239 (3) Institutions 100- 1,000 - $7.00
240 1,000- 5,000 $70 6.00
241 5,000- 20,000 310 5.00
242 -20,000+ 1,060 4.00
243
244 (4) Assembly, churches 100- 1,000 - $7.00
245 and government 1,000- 5,000 $70 6.00
246 buildings 5,000- 15,000 310 5.00
247 -15,000+ 810 4.00
248
249 (5) Storage 100- 2,000 - $4.00
250 2,000- 15,000 $80 3.00
251 15,000+ 470 2.00
252
253 (6) Industrial 100- 2,000 - $5.00
254 2,000- 5,000 $100 4.00
255 5,000+ 220 3.00
7
2 56
257 (7) Hazardous storage 100- 5,000 $4.00
258 or occupancy 5,000- 10,000 $200 3.00
259 -10,000+ 350 2.00
260
261 (8) Residential 0- 1,000 - $4.00
262 accessory 1,000+ $40 2.00
263 buildings
264
265 (9) Farm buildings 0- 2,000 - $3.00
266 2,000+ $60 2.00
267 Farm buildings and structures shall be subject to the
268 requirements of this section; provided, however, that farm
269 buildings and structures not used for residential purposes shall
270 not be subject to the technical requirements of the Virginia
271 Uniform Statewide Building Code.
272
273 fBt(10) Alterations, repairs, private piers, bulkheads, pools,
274 elevators, commercial interior finish, miscellaneous structures:
275 a. For a valuation of less than one hundred
276 dollars ($100.00), no fee shall be required,
277 unless an inspection is necessary, in which
278 case there shall be a ten fifteen dollar
279 f$10700t ($15.00) fee.
280 b. The minimum fee shall be ten fifteen dollars
281 t$16706t ($15.00).
282 C. For a valuation up to five thousand dollars
283 ($5,000.00), the fee shall be ten dollars
284 ($10.00) per thousand or fraction thereof.
285 d. For a valuation up to and including twenty
286 thousand dollars ($20,000.00), the fee shall
287 be fifty dollars ($50.00) for the first five
288 thousand dollars ($5,000.00) plus five
289 dollars ($5.00) for each additional one
290 thousand dollars ($1,000.00) or fraction
291 thereof.
8
292 e For a valuation up to and including one
293 hundred thousand dollars ($100,000.00), the
294 fee shall be one hundred twenty-five dollars
295 ( $ 1 2 5 . 0 0for the first twenty thousand
296 dollars ($20,000-00) plus four dollars
297 ($4.00) for each additional thousand or
298 fraction thereof.
299 f. For a valuation over one hundred thousand
300 dollars ($100,000.00) the fee shall be four
301 hundred forty-five dollars ($445.00) for the
302 f i r s t one hundred thousand dollars
303 ($100,000.00) plus three dollars ($3.00) for
304 each additional thousand or fraction thereof,
305 without limit.
306 f9t-- i--deek-s-eikd @im@@-accessery
307 residential-buildi:ngs-
308
309 equare- f ee -do3:9:ars
310 f$47OOt-@
311 thereofv
312 b-r For-one-thousand-fi:7e66t-square-feet-or-mare7
313 the-fee
314 the-@ -one- -fl7666t- -feet
315 and- -sqtiare
316 feet-or-fract+en-thereef7-without-limitT
317 flOt-Parm-bttiidings-
318 -@-tilougand -f27ooot
319
320 f$3TOOt-@
321 thereofv
322 b-r For-two-thedsand-f2708et-sqttare-feet-or-mare7
323 the-fee
324 the--f-i@@-thattsand--(@,@- @-feet7
325 -square
326 feet-or-fraction-thereOE7-W+thout-liMitT
327 (11) Moving of buildings or structures:
9
328 &T POT- - th@ - in@@ - tj - -f, rem- @n e
329 I-ecat!ion-te-@ -1 bite -aame-3:ot
330 Or- -atteh - @ -not
331 r eqtt i r e - -i-t- @ +e -moved - im- i--@-fee
332
333 b7 -garage-@-a
334 one-stery- -btri-id@ng - w!+.h- @ - I i v i ng
335 qu at te-r@,- - t h e- -@e - @1-1- -dol I a r a
336 f$507eetT
337 CT For - -t-he - @i-n - bd-i-l@@ - fro@ -an e
338 I-eca t ion - -i@ @ -ei7t-y - -t@ @-i:n
339 -i:n
340 a ce," 1-i-shed--in
341 Paragraphs-fetfit-throdgh-fietT
342 dT any -the
343 c -i t y- -f-@ - @ttt-&ide - -ci-t@ - t 0
344 another--l @-Odtgide-@-CitY7-@-fee
345 a -h@i - - b@ - @o - - h r -&i. f -t-P - @e I -1@& 9
346 f$2567eetT
347 e7 Po-r- - th@ - m@@ - ng- - f r om- -a
348 lo @ - -w@ltin - -t-he - @@t-y - -t-o - t-@n
349 O'dt-5-i@ - -t@ - f@ - be- - two
350
351 f7 Fe-r- - t h@ - m@@ - n g- - f- r em- -a
352 a - -@at- io n
353 wi t h+ n- + he- @&1-1- -be -d e t e rmi n e d
354 +n- -with-@-fees- -in
355 paragraphs-fettit-through-f2etT
356 For the moving of any building or structure
357 into, out of, through or within the city, the
358 fee shall be calculated in accordance with
359 section 8-31(c)(1).
360 (12) Demolitions:
361 etT For the demolition of any re@@itt-ia-I
362 ace building or
10
363 structure, the fee shall be five twenty-five
364 dollars f$5700+ ($25.00).
365 b-r For- r - e e
366
367 Cr Fe r - @-1- - a t h e r - c r - @-the
368 f-ee-shall-be-twenty-dallars-f$2070at7
369
370
371 doilars-f$25TOOtT
372 fl4t(13). Signs:
373 a. Fees for the erection, painting, placing,
374 replacing, repairing, hanging or rehanging of
375 signs
376 secti-en shall be based on the total surface
377 area of total all sign faces, and shall be as
378 follows:
379 ---------
380 ---------
381 ---------
382 ?S-te- ---------
383 ---------
384 ---------
385 Repair-of-existing-signsTTT ---- 8700
386 (1) Single face signs
387 4-32 square feet .......... $ 40.00
388 33-75 square feet .......... @ 60.00
389 76-150 square feet ......... $100.00
390 (2) Double face signs
391 4-32 square feet .......... $ 80.00
392 33-75 square feet .......... $100.00
393 76-150 square feet . ....... $120.00
394 bT The--f
395
396
397 e.b. The fee for a permit for the repair of a
11
398 billboard shall be ten-@l- -f$1070oi. in
399 accordance with section 8-31(c)(10).
400 C. Fees for the erection, painting, placing,
401 replacing, repairing, hanging or rehanging of
402 temporary signs shall be in an amount equal
403 to one-half (1/2) of the fee chargeable for
404 permanent signs of like size.
405 f4-5t(14) Penalty: If any construction, alteration, repair, or
406 other work requiring a permit under this article is commenced
407 before said permit is secured and fee paid for same, a penalty of
408 fifty dollars ($50.00) shall be added to the fee due. Payment of
409 such penalty shall not in any way relieve the violator of any
410 criminal prosecution.
411 fi6t--- or
412 chtirches-@-@-l@iijs r-@-no
413
414 OCCUpancyT
415 fi:Ft(15) Tents: Tents and other temporary structures permit fee
416 shall be fifteen dollars ($15.00).
417 fiBt(16) Reinspection fee: There shall be a minimum of ten
418 twenty-five dollars ($25.00) additional fee
419 charged for each reinspection.
420 fl9t(17) Appeal: The fee for submitting an appeal to the board
421 of building code appeals shall be twenty-five dollars ($25.00).
422 Such fee shall be paid by the appellant.
423 f26t(18) Reconnect or change of use: There shall be a minimum
424 fee of twenty dollars ($20.00) for each inspection.
425 (19) Application for septic tank soil evaluation:
426 The fee shall be fifty dollars ($50.00) paid at the time of
427 application. If the application is approved, the septic tank
428 permit shall be issued with no additional fee.
429
12
430
431 Adopted by the Council of the City of Virginia Beach,
432 Virginia, on the 15 day of May 1989.
433
434 KJC/WMM/epm
435 07/23/87
436 08/10/87
437 08/17/87
438 03/09/89
439 03/15/89
440 04/05/89
441 CA-02363
442 \ordin\proposed\08-031.pro
13
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 33-71 AND 33-72, OF THE
3 CODE OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO PERMIT,
5 INSPECTION AND GUARANTEE FEES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 33-71 and 33-72 of the Code of the City
10 of Virginia Beach is hereby amended and reordained to read as
11 follows:
12
13
14 Section 33-71. Schedule.
15
16 Minimum permit, inspection and guarantee fees for work
17 for which a permit is required by this article shall be required
18 or not required in accordance with the following schedule:
19
20 Permit and inspection Minimum guarantee
21 Type of project fee fee
22 A. ENTRANCES:
23 1. PrivateTvTTT7777
24 (including temporary
25 entrances, private
26 service roads, and
27 private drainage
28 ditches .............. $I:.700$10.00 None.
29 2. CommercialTTTTTT
30 (including work
31 related to site plan
32 review, logging
33 roads, tram roads,
34 commercial service
35 roads, and
36 improvements as
37 shown on approved
38 construction plans) $5700$25.00 Deposit in accordance
39 with estimated cost.
40
41 -BT begging-roadst-tram -
42 reads-and-othef-tem-
43 porary-private-ent-
44 trancesTTTTTTTTTTT -$STe@ ee
45 with-eatimated-coatt
46 --4T Service-roads77T7T -$ITO@ ce
47 with-estimated-cestt
48 --ST Brainage-ditcheeTT -$Iv@O ce
49 300e with estimated-coatt ------
50 B. STRUCTURES:
51 1. Steps, sidewalks.. $1700$25.00 $25.00
52 2. Poles, unless
53 authorized by
54 franchise or
55 certificate of
56 convenience and
57 necessity ...... $ 0.25 each with Deposit in accordance
58 $5706$25.00 with estimated cost.
59 minimum
60 3. Guys and/or
61 anchors, unless
62 authorized by
63 franchise or
64 certificate of
65 convenience and
66 necessity ....... $ 0.25 each with Deposit in accordance
67 $5706$25.00 with estimated cost.
68 minimum
69 4. Wire crossings,
70 including guy
71 wires, unless
72 authorized by
73 franchise or
74 certificate of
75 convenience and
76 necessity ..... $ 0.25 each with Deposit in accordance
2
77 $STOO$25.00 with estimated cost.
78 minimum
79 5. Underground
80 installations,
81 unless authorized
82 by franchise or
83 certificate of
84 convenience and
85 necessity ...... Actual cost ($STBO Deposit in accordance
86 $25.00 minimum) with estimated cost.
87 6. Structures
88 (including
89 any of the
90 foregoing)
91 authorized by
92 franchise or
93 certificate of
94 convenience and
95 necessity ..... None None.
96 C. SPECIAL:
97 IT Tree trimming,
98 cutting or
99 sprayingTTTTT
100 unless authorized
101 by franchise or
102 certificate of
103 convenience and
104 necessity ...... $5700$25.00 $25.00
105 (minimum)
106 --27 Tree-trimming-
107 and-cutting
108 authorized-by
109 franchise-or
110 certificate-of
ill convenience-and
112 necessityTTTTT None None7
3
113 D. MISCELLANEOUS:
114 All others ..... Actual cost Deposit in accordance
115 with estimated cost.
116
117 Section 33-72. Amount of inspection fees.
118 Except as to the minimum fees set forth in section 33-71,
119 inspection fees under this article shall be the-@@- -of
120 making charged at the rate of forty dollars ($40.00) per hour.
121 Inspections made shall be those inspections necessary to assure
122 that the work is done in a proper and orderly manner.
123
124 An emergency is hereby declared, and this ordinance shall be
125 effective upon adoption.
126
127 Adopted by the Council of the City of Virginia Beach,
128 Virginia, on the 15 day of May 1989.
129
130 KJC/epm
131 03/10/89
132 03/15/89
133 05/03/89
134 CA-03206
135 \ordin\proposed\33-071ETC.pro
4
1 AN ORDINANCE URGING THE WETLANDS
2 BOARD TO INCREASE THE PROCESSING
3 FEE THAT IT CURRENTLY CHARGES UNDER
4 SECTION 1603 OF THE CITY ZONING
5 ORDINANCE TO AN AMOUNT EQUAL TO THE
6 WETLANDS PERMIT FEE SET BY CITY
7 COUNCIL IN SECTION 1403 OF THE CITY
8 ZONING ORDINANCE
9 WHEREAS, the City Council has embarked on a
10 comprehensive review of all development-related fees that the
11 City charges for services rendered in processing development
12 applications;
13 WHEREAS, the City has determined that the fees
14 currently assessed by the Wetlands Board, pursuant to S 1603 of
15 the City Zoning Ordinance does not recover an appropriate amount
16 of the City's costs in processing applications submitted under
17 the Coastal Primary Sand Dune Zoning Ordinance;
18 WHEREAS, the City's enabling legislation (S 62.1-
19 13.25 SS4) specifically grants the Wetlands Board, and not the
20 City Council, the power to establish a processing fee for review
21 of the applications submitted under the Coastal Primary Sand Dune
22 Zoning Ordinance;
23 WHEREAS, the City has determined that, if the Wetlands
24 Board were to impose the same fees that the City has imposed in
25 S 1403 of the City Zoning ordinance, an appropriate amount of the
26 City's costs in processing applications submitted under the
27 Coastal Primary Sand Dune Zoning Ordinance would be recovered;
28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
29 CITY OF VIRGINIA BEACH, VIRGINIA:
30 The Wetlands Board is hereby requested to increase the
31 fee that it currently charges under S 1603 of the City Zoning
32 Ordinance to an amount equal to the fee charged by the City for
33 wetlands permits under S 1403 of the City Zoning Ordinance.
TO CC) @4'-i
AppROVED AS
SUFF iCiENCY ANID FA
CE AUTHORIZING AND DIRECTING THE
oF PUBLIC WORKS TO INCREASE FEES
N INSPECTIONS
4 WHEREAS, pursuant to Section 8.2 of the subdivision
5ordinance and Section 7A.1 Of th Site Plan Ordinance, Permit and
not specified within the CitY code are to be
6inspection fees
7based on cost, as determined by the agency involved;
8 WHEREAS, the current inspection fees charged by the
subdivisions are 1% of the estimated Construction costs
9City for inspection and fees charged by the City for site
10 f,r public Works
11 plans are $16-50 per hour for Public Works inspections;
12 WHEREAS, a report prepared by City staff demonstrates
ent fees do not recover actual costs expended by
13 that these curr
14 the City in providing these services; er to imPOse inspection
15 WHEREAS, the city has the p- providing these
16 fees to recover all its costs expended in his time:
17 services, but chooses to recover a lesser amount at t
18 BE IT ORDAINED By THE CITY COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA, p blic Works is hereby authorized
20 The DepartMent Of
21 and directed to increase its fee for inspections pursuant to
22 Section 8.2 of the Subdivision ordinance from 1% Of the estimated
23 construction costs to 1.5% of the estimated construction costs
24 and pursuant to Section 7A.1 of the Site Plan ordinance from
25 $16.50 per hour to $40-00 per hour. clared, and this ordinance
26 An emergency is hereby de
27 shall be effective upon adoption.
29 Adopted by the Council of the City of Virginia Beach,
29 Virginia, on the 15 day of ay 1989-
30 yJC/dhh
31 03/15/89
32 05/02/89
33 05/12/89
34 05/15/89
35 CA-89-3211
1 AN ORDINANCE URGING THE WETLANDS
2 BOARD TO INCREASE THE PROCESSING
3 FEE THAT IT CURRENTLY CHARGES UNDER
4 SECTION 1603 OF THE CITY ZONING
5 ORDINANCE TO AN AMOUNT EQUAL TO THE
6 WETLANDS PERMIT FEE SET BY CITY
7 COUNCIL IN SECTION 1403 OF THE CITY
8 ZONING ORDINANCE
9 WHEREAS, the City Council has embarked on a
10 comprehensive review of all development-related fees that the
11 City charges for services rendered in processing development
12 applications;
13 WHEREAS, the City has determined that the fees
14 currently assessed by the WetlandS Board, pursuant to SS 1603 of
15 the City Zoning Ordinance does not recover an appropriate amount
16 of the City's costs in processing applications submitted under
17 the Coastal Primary Sand Dune Zoning ordinance;
18 WHEREAS, the City's enabling legislation (S 62.1-
19 13.25 S4) specifically grants the Wetlands Board, and not the
20 City Council, the power to establish a processing fee for review
21 of the applications submitted under the Coastal Primary Sand Dune
22 zoning Ordinance;
23 WHEREAS, the City has determined that, if the Wetlands
24 Board were to impose the same fees that the City has imposed in
25 S 1403 of the City Zoning Ordinance, an appropriate amount of the
26 City's costs in processing applications submitted under the
27 Coastal Primary Sand Dune Zoning Ordinance would be recovered;
28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
29 CITY OF VIRGINIA BEACH, VIRGINIA:
30 The Wetlands Board is hereby requested to increase the
31 fee that it currently charges under S 1603 of the City Zoning
32 Ordinance to an amount equal to the fee charged by the City for
33 wetlands permits under SS 1403 of the City Zoning Ordinance.
34 An emergency is hereby declared, and this ordinance
35 shall be effective upon adoption.
36 Adopted by the Council of the City of Virginia Beach,
37 Virginia, on the 15 day of @y 1989.
38 KJC/dhh
39 05/02/89
40 CA-89-3298
41 \Ordin\Noncode\wetbdfee.ord
2
APPRC)VED A@ TO CC'@@-I @-@ @TS
51'IAT IE
DEPARTt,k@NT
'APPROVED AS Tf--
SUFFiCiENCY AND A
-Y ANCE AUTHORIZING AND DIRECTING THE
2 CITY DEI'AaTMEliT OF PUBLIC WORKS TO INCREASE FEES
3 FOR CERTAIN INSPECTIONS
4 WHEREAS, pursuant to Section 8.2 of the Subdivision
5 ordinance and Section 7A.1 of the Site Plan Ordinance, permit and
6 inspection fees not specified within the City Code are to be
7 based on cost, as determined by the agency involved;
8 WHEREAS, the current inspection fees charged by the
9 city for subdivisions are 1% of the estimated construction costs
10 for Public Works inspection and fees charged by the City for site
11 plans are $16.50 per hour for Public Works inspections;
12 WHEREAS, a report prepared by City staff demonstrates
13 that these current fees do not recover actual costs expended by
14 the City in providing these services;
15 WHEREAS, the City has the power to impose inspection
16 fees to recover all its costs expended in providing these
17 services, but chooses to recover a lesser amount at this time:
18 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 The Department of Public Works is hereby authorized
21 and directed to increase its fee for inspections pursuant to
22 Section 8.2 of the subdivision ordinance from 1% of the estimated
23 construction costs to 1.5% of the estimated construction costs
24 and pursuant to Section 7A.1 of the Site Plan Ordinance from
25 $16.50 per hour to $40.00 per hour.
26 An emergency is hereby declared, and this ordinance
27 shall be effective upon adoption.
28 Adopted by the Council of the City of Virginia Beach,
29 Virginia, on the 15 day of May 1989.
30 KJC/dhh
31 0 3 /15/ 89
32 05/02/89
33 0 5/1 2/ 89
34 0 5 /1 5 /89
35 CA-89-3211
36 \ordin\noncode\inspfee.ord
- 17 -
Item IV-F.2.a.
FY 1989-1990 OPERATING BUDGET ITEM # 31231
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED, upon SECOND READING, AS AMENDED*.
Ordinance making APPROPRIATIONS for the Fiscal Year
beginning July 1, 1989, and ending June 30, 1990,
in the sum of Five Hundred Eighty-Nine Million,
Seven Hundred Sixty Thousand, Six Hundred Eighty-
Four Dollars ($589,760,684) for Operations; and,
Two Hundred Seventeen Million, One Hundred Ninety-
Two Thousand, Five Hundred Seventy-Seven Dollars
($217,192,577) in Interfund Transfers and
regulating the payment of money out of the City
Treasury, As Amended.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
"The City Manager advised with the ADOPTION of the DEVELOPMENT FEES, it would
be necessary to modify the Ordinances upon Second Reading to reflect the
$100,000 adjustment.
""Councilman Moss advised, in the event the revenues projected from the
DEVELOPMENT FEES fall short, the deficiency will be corrected by further
reduction in the amount of funds in the pool for economic development so that
no other existing city services are affected. Councilman Moss requested this
qualifying statement be riade a part of the record.
The City Clerk referenced Councilman Moss's letter of March 30, 1989, which
pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED
although his wife was a teacher with the Virginia Beach School System, he was
able to review, make reconanendations and approve or deny a budget regarding the
School Board fairly, objectively and in the public interest. (Said letter is
hereby made a part of the proceedings.)
JOHN D. MOSS 4021 GLEN ROAD
COUNCILMAN VIRGINIA BEACH, VIRGINIA 23452
KEMPSVILLE BOROUGH (804) 498-0318
March 30, 1988
Mrs. Ruth Hodges Smith, CMC
City Clerk
Municipal Center
Virginia Beach, VA 23456
Re: School Board Budget
Dear Mrs. Smith:
Pursuant to Section 2.1-639.14E of the Code of Virginia,
Ann., I make the following declaration:
1. As a member of the City Council of the City of Virginia
Beach, I have a duty and responsibility to tbe citizens of
Virginia Beach to review, make recommendations and approve or
deny the School Board budget, and I intend to carry out said
duties as fairly and faithfully as I can; and
2. Pursuant to the State Conflict of Interests Act prior to
taking any action on the School Board budget, I am disclosing
that my wife is a teacher in the Virginia Beach school system;
and
3. My wife, as a teacher in a profession, occupation and
group along with several hundred other teachers, could possibly
be affected by City Council's vote on the School Board budget;
and
4. I am able to review, make recommendations and approve or
deny a budget regarding the School Board fairly, objectively and
in the public interest even though my wife is one of many
teachers within the school system.
Accordingly, I respectfully request that you record this
declaration in the official records of the City Council. Thank
you for your assistance and cooperation in this matter.
VeTy t@uly yours,
nO
ncilmember
JDM/CJS/awj
cc: Paul A. Sciortino, Commonwealth Attorney
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR BEGINNING JULY 1, 1989 AND ENDING JLJNE 30,
1990, IN THE SUM OF FIVE HUNDRED EIGHTY-NINE MILLION,
SEVEN HUNDRED SIXTY THOUSAND, SIX HUNDRED EIGHTY-FOUR
DOLLARS ($589,760,684) FOR OPERATIONS AND TWO HUNDRED
SEVENTEEN MILLION, ONE HUNDRED NINETY-TWO THOUSAND,
FIVE HUNDRED SEVENTY-SEVEN DOLLARS ($217,192,577) IN
INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY
OUT OF THE CITY TREASURY, AS AMENDED.
WHEREAS, the City Manager has heretofore submitted to the Council an Annual
Budget for the city for the fiscal year beginning July 1, 1989, and ending
June 30, 1990, and it is necessary to appropriate sufficient funds to cover said
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CLTY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That the amounts named aggregating EIGHT HUNDRED SIX MLLLION,
NINE HUNDRED FIFTY-THREE THOUSAND, TWO HUNDRED SIXTY-ONE DOLLARS ($806,953,261)
consisting of TWO HUNDRED SEVENTEEN MILLION, ONE HUNDRED NINETY-TWO THOUSAND,
FlVE HLJNDRED SEVENTY-SEVEN DOLLARS ($217,192,577) in interfund transfers and FIVE
HUNDRED EICHTY-NINE MILLION, SEVEN HUNDRED SIXTY THOUSAND, SIX HUNDRED EIGHTY-
FOUR DOLLARS ($589,760,684) for operations or so much thereof as may be necessary
as set forth in the Annual Budget for the fiscal year 1989-1990, are hereby
appropriated subject to the conditions hereafter set forth, for the year 1989-
1990, for the use of the several departments and specially designated funds of
the city go@ernment, and for the purpose hereafter mentioned, as set forth in
said Annual Budget, which is hereby incorporated by reference, for the fiscal
year beginning July 1, 1989 and ending June 30, 1990 as follows:
got
GENERAL FUND
LEGISLATIVE DEPARTMENT:
01010 Municipal Council $ 298,613
01011 City Clerk 324,B92
Total 623,505
EXECUTIVE DEPARTMENT:
02010 City Manage@ $ 741,428
02011 P.blic Informati.n Office - Admii.tration 379,008
02015 Public Infor..tion Offic. - Mu.icipal Vid.o Production 171,771
02016 Public Informati.n Office - medi. S.rvices 197,251
Tot.1 1,489,45B
LAW DEPARTMENT:
03010 City Attorn.y $ 1 , 5 56 , 8 I 8
FINANCE DEPARTMENT:
04001 Com.i..i...r of the Re ... u. $ 2,212,837
04011 Board of Equ.lization 14,780
04012 City R..l Estate A......r 1,308,010
04020 Treasurer 2,521,752
Director of Fin.nce:
04030 Adi.i.tr.tio. 443,791
04033 Comptroller'. Offic. 1,245,607
04034 Payr.11 347,215
04035 Businea5 Lic...e Audit 382,963
04037 Int.rn.1 Audit 184,617
04051 Independent Financi.1 S.rvices 126,000
04040 Purchasing 534,885
Total 9,322,457
PERSONNEL DEPARTMENT:
05001 Admini.tr.ti.n 360,118
05002 Employee Rel.ti.n. 290,795
05003 Testing and Sel.cti.n 341,855
05004 C..p.n.ation Admini.tr.tion 344,332
05005 Training nd D.,elopment 255,276
05006 Benefits Administration 73,919
Total 1,666,295
JUDICIAL DEPARTMENT:
Co.rt. ..d P.bliC Defender:
06011 Circuit Court 293,211
06016 General Di.trict C.urt 44,451
0 6 0 17 Juvenile and Do...ti. Relations District C.urt 3 1 , 6 0 6
06018 Public D.f.nd.r 32,000
06041 Clerk of the Circuit C.urt 423,697
06134 Magistr.tes 16,515
Common@.alth'. Att.r..y:
06020 Commonwealth-a Attorney 1,647,661
06021 C.-..W.alth's Attorney - W.Ifa@. Fr.ud 64,267
06022 Consumer Pr.tecti.n 200,390
Sh.riff and Corr..ti..s:
06032 Sheriff's office 887,684
06033 Cou@t Supp.rt S.@,ic.. 636,332
06034 Correctional operations 4,882,821
06210 J.@enile Pr.b.ti.n 666,877
Total $ 9,827,512
HEALTH DEPARTMENT:
07011 Preventive medicine $ 1,693,432
07013 Occup.tional Health 310,097
07014 Contract..l Health Services 436,250
Total $ 2,439,779
SOCIAL SERVICES DEPARTMENT:
08010 Director f S..i.1 S.r@ic.. $ 8,221,579
08020 PubliC Aosistance 4,103,200
08030 Hoopitalizati.n 767,100
Total 13,091,B79
POLICE DEPARTMENT:
Admini.tration:
09010 Police Chief's Staff 2,325,151
09014 Planning and Analysis 547,237
09015 P.r.onnel nd Training 1,523,268
09017 Ser@ices 2,325,598
Unifor. Di,i.i.n:
09011 AUXiliary Police 49,338
09020 Patrol and Administrati@e Support 18,003,356
09021 S.P.O.T. 4,444,716
09027 Comunication. Di@i.ion 3,059,531
09028 In,e.tig.ti,. Di@i.i.n 3,001,586
Of
GENERAL FUND
POLICE DEPARTMENT: (.onclud.d)
09112 Ani..l Control 1,002,793
09213 Medic.1 EXaMin@ 9,122
Total 36,291,696
PUBLIC WORKS DEPARTMENT:
A@nistration:
10010 Director's Office 250,508
10011 Re.1 Eatate Offic. 423,212
10012 BUSine.. Office 223,483
Highw.y Division:
10110 Administr.ti.. 1,184,079
10111 Inspections 1,531,081
10112 Dr.dge Operati.n. 978,184
10113 Street Maint..ance 6,382,422
10114 Drainage Maintenance 2,202,355
10115 Bridge Maint ... nc. 1,470,349
10116 mosquito control 1,468,061
Engineering Divi.ion:
10210 Administrati.n 338,792
10211 Pl.n R.view 452,081
10212 Surveys 817,897
10213 M.ppi.g 829,369
10214 Dr.fting 355,465
10215 Waterfront op.rations/Inap.ctions 224,067
10216 Sp.ci.1 Project. 434,017
10217 Constructi.. 398,480
Traffic Engineering Di@i.i.n:
10250 Administr.tion 448,168
10251 Sig.al Operations 912,166
10252 Sign. nd Markings 1,184,723
10253 Design and Plan R.vi.w 4,561,056
Waste Management Division:
10310 Wa.t. Management Adi.i.tration 371,261
10311 Bure.u f W..te Dispo..l 4,930,035
10312 Bureau f W..t. C.llection 10,083,032
10313 Waste Management In.p.@ti.ne 301,170
Total $ 42,755,597
PARKS AND RECREATION DEPARTMENT:
11010 Director f Parks and Recreati.. $ 530,450
Parks and Maintenance;
11011 A @ ni.tration 228,934
11012 C.nstruction nd Maint.nance 2,761,707
11022 Park. nd Beaches 1,595,443
Recreation:
11035 Owl Creek Municip.1 T ... is Center 34,572
11070 Virginia Beach Comunity C.nt.r - Kempsvill. 1,188,423
11071 Bow Creek Comm.nity C.nter 376,590
11072 Seat.ck C.-unity Center 59,144
11073 Great Neck Comunity C..t.r 377,826
11080 Administration 521,381
11081 Adult ACtivitie. 502,493
11082 Y.uth Activities 1,171,997
11083 Athletics 459,314
11005 Therapeutic Program 461,752
11086 Parke and R.C@eation Programs - S.If-Supporting 33,868
11087 Day Car. Pr.gram - self-supporti.g 22,716
T.t.1 10,326,610
LIBRARY DEPARTMENT:
Ad.inistration:
12010 AdMinistration $ 452,261
Public Service.:
12012 Gre.t N.ck Ar.. Library 309,213
12013 Bayside Area Library 316,736
12014 Oceanfront Ar.a Library 285,265
12015 Kempeville Ar.a Library 486,597
12016 Wind.or Woods Area Library 324,401
12017 PUngo Area Library 63,170
12018 Extension Services 241,556
12019 Special Services 202,238
12023 Central Libra@y 1,565,495
12026 Municipal R.ference 136,627
Supp.rt Services:
12020 Catal.ging ..d P@oce.sing 583,043
12024 Automated servi@.. 333,549
12025 Coll.ction Management 2,178,264
Total 7,478,415
PLANNING DEPARTMENT:
13010 Management and Supp.rt 726,650
13011 Comprehensive Planning 383,230
13012 Operati.n. 576,114
Total 1,685,994
@ @ @@ s as
f ture 1989-1990@
GENERAL FUND
AGRICULTURE DEPARTMENT:
14001 Administration 173,456
14010 VPI Ext..sion Ser@i@.. 222,599
14110 Farmers' Market 224,601
14120 Environmental S.rvices 76,594
Total 697,250
DEPARTMENT OF ECONOMIC DEVELOPMENT:
15010 Director of Ec.no.iC Devel.p..nt 973,172
DEPARTMENT OF GENERAL SERVICES:
Administr.tion:
16010 Director f General Services 325,960
16011 E.ployee Saf.ty 192,782
16012 Fra.cis Land Hou.. 90,793
16014 Records and Mi.r.graphi@. 480,133
BUilding Maintenance:
16020 Man.gement and Supp.rt 4,855,474
16021 Electric.1 447,939
16022 Heat and Air C..ditioning 876,596
16023 Gen.r.1 M.intenance 2,154,300
16024 Custodi.1 2,333,959
L.nd.c.p. Division:
16031 Ad.inistratio. 521,370
16032 Gr..nds Maintenance 2,501,124
16033 B ... tification 1,580,232
16034 Clean CO-..ity 53,687
16035 Bea.h M.intenance 413,735
16036 Street Cleaning 470,293
16040 Mail Distrib.tion 210,679
Tot.1 $ 17 , 509 , 0 5 6
BOARDS AND COMMISSIONS:
17010 General Registrar $ 496,217
17110 Zoning Board of Appeals 25,652
17120 Arts and Humaniti.. C.m.i..ion 390,800
17130 Ma.. Tr.n.it operations 940,000
17140 Wetlands B..@d f Virginia Be.ch 14,622
17150 Department Volunt..@ Council 32,855
17170 Toint Cable Cent.r 202,878
Total 2,103,024
NON-DEPARTMENTAL:
18010 Grant. 351,720
18020 Employee Spe@i.1 B.n.fit. 288,698
18030 Re@enue Reibursements 453,794
18040 R.gio.al Particip.ti.n 583,925
Total 1,678,137
FIRE DEPART?4ENT:
19001 Administration 628,845
19010 Fire Pre@enti.n 1,266,667
19020 Fire Suppr..sion 16,338,832
19021 Fire Tr.ini.g 472,268
19024 Forestry 13,936
Total 18,720,568
DEPARTMENT OF DATA PROCESSING:
21001 Ad.inistration 429,655
21004 Systems and Programing 1,499,194
21007 Computer Operations 2,281,742
Total 4,210,591
DEPARTMENT OF PERMITS AND INSPECTIONS:
22010 Ad.ini.tr.tion 595,730
22012 Housing Property M.i.t.n.n.. 310,338
22013 Building In.p.cti... 1,061,189
22014 Zoning Code Enforc..e.t 464,034
22015 Weighte and M.asures 123,707
Total 2,554,998
OFFICES;
25010 Office of E..rg.ncy M.n.g.m.nt 114,008
26010 EMS/Adinistration 285,081
26020 EMS/Op.@.ti.n. 445,511
26030 EMS/Training 310,596
28010 Office of Research and Strategic An.1y.i. 593,960
29010 Office of Budg.t nd Ev.1u.ti.. 739,398
30010 Re..rt P@.gr... Offi.. 565,142
31010 Offic. of Environmental management - 167,484
T.t.1 $ 3,221,180
ure
GENERAL FUI-TD
DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT:
39010 Admini.t@.tion 182,729
39020 Tourist Devel.p.ent 2,775,523
39030 Convention Promotion 558,905
39040 Pavili.. 1,269,886
39050 Civic Center 39,951
Total 4,826,994
90000 TRANSFERS TO OTHER FUNDS: 207,724,356
80000 RESERVE FOR CONTINGENCIES:
Regular $ 904,590
s.lary 5,705,495
Service Awards 286,340
Economic Dev.lopment 300,000
T.t.1 7,196,425
TOTAL GENERAL FUND 410,051,766
SCHOOL OPERATING FUND
DEPARTMENT OF EDUCATION:
50010 Instructi.. 204,840,360
50020 Administratio., Attendance and H..lth 10,592,420
50023 P.pil Transportation 10,732,630
50024 Op.r.ti.n. nd Mainten..c. 29,320,989
TOTAL EDUCATION $ 255,486,399
GRANTS CONSOLIDATED FUND
SOCIAL SERVICES DEPARTMENT:
08040 Demonstration Project 153,872
08041 United Way Child C.re 26,428
Total 160,300
COMMUNITY DEVELOPMENT:
40894 Section 8 Hou.ing $ 120,158
80000 RESERVE FOR CONTINGENCIES:
salary $ 14,025
TOTAL GRANTS CONSOLIDATED FUND $ 314,483
LAW LIBRARY FUND
LIBRARY DEPARTMENT:
12011 Law Libr.ry $ 152,719
80000 RESERVE FOR CONTINGENCIES:
s.lary $ 4,840
TOTAL LAW LIBRARY FUND $ 157,559
PENDLETON CHILD SERVICE CENTER FUND
JUDICIAL DEPARTMENT:
06702 Pendlet.. Child Service
Center $ 906,895
80000 RESERVE FOR CONTINGENCIES
salary 19,255
TOTAL PENDLETON CHILD SERVICE CENTER FUND $ 926,150
COMKUNITY DEVELOPMENT FUND
COMMUNITY DEVELOPMENT:
40891 Administration $ 6 9 2 , 0 49
40892 Housing Programs 272,883
40893 Housing Coun.eling 126,829
Total 1,091,761
80000 RESERVE FOR CONTINGENCIES
salary 28,991
F ani tur
COM14UNITY DEVELOPMENT FUND
90000 TRANSFER TO OTHER FUNDS $ 33,317
TOTAL COMMUNITY DEVELOPMENT FUND $ 1,154,069
C@ITY DIVERSION FUND
JUDICIAL DEPARTMENT:
06823 CDI90 Ad.inistratio. $ 49,999
06824 CDI90 Caue Management 313,138
06825 CDI90 Service Coordin.tor 299,640
TOTAL COMMUNITY DIVERSION FUND $ 662,777
MH/MR/SA FUND
DEPARTMENT OF MENTAL HEALTH:
23001 B..rd Office 402,403
Compreh.n.iv. Mental H..Ith:
23101 Program Cli.ical Support 425,286
23102 Older Adult Servic.. 356,361
23103 Outpati..t s.rvices 604,788
23104 C..m..ity Rehabilit.tio. 59 0 , 52 4
23105 Emergency S.rvices 652,871
23106 Child and Youth S.rvic.. 624,649
23107 Wildwood Clinic 455,379
23108 Child and Youth D.y Treatment 120,915
M.ntal Retardati../D.velopmental Di..bilities:
23201 Pr.gram Support 287,156
23202 Reside.ti.1 S.@vices 178,212
23203 Adult Ser,ic.5 481,657
23204 Alt.rnate Day Support 195,529
23205 R..pite Care Progr.. 130,344
23206 Infant Stimulation Progr.. 202,917
23206 Supported Li@ing Pr.gr.m 251,408
Compr.h...i,. Substance Abu..:
23301 Subetance Abu.. services 360,833
23302 Substance Abu.. Outp.ti..t Service. 568,145
23303 Alcohol D.toxification 403,925
23304 Inten.ive Services 345,043
23305 Youth and Family S.rvic.. 587,171
23500 Contr..tu.1 Services 2,082,705
Total $ 1 0 , 3 0 8 , 22 1
80000 RESERVE FOR CONTINGENCIES
S.I.ry $ 249,506
TOTAL MH/MR/SA FUND $ 10,557,727
WATER AND SEWER FUNI)
DEPARTMENT OF PUBLIC UTILITIES:
20010 Director's Office $ 513,786
20011 Engineering 3,012,884
20016 Water Resources 329,890
20017 Water Purchase 11,136,600
20030 Operations Administration 838,929
20031 Water Di.tributi.n 2,491,536
20032 Water Pump Stations 1,585,805
20041 Se.er Coll.@ti.n 2,058,995
20042 Se@er Pu.p Stations 3,342,700
20050 Customer Ser@ic.. 4,336,151
T.t.1 $ 29,647,276
70010 REVENUE BOND DEBT SERVICE $ 12,168,054
80000 RESERVE FOR CONTINGENCIES
Regul.r $ 800,000
Salary 586,398
T.t.1 $ 1,386,398
90000 TRANSFER TO OTHER FUNDS $ 6,880,505
TOTAL WATER AND SEWER FUND S 50,002,233
GOLF COURSE ENTERPRISE FUND
PARKS AND RECREATION DEPARTMENT:
11030 Red Wing Golf Course $ 588,425
11031 Bow Cr.ek Golf course 529,432
11032 K..p.,ille Greens Golf Course 456,142
Total 1,573,999
80000 RESERVE FOR CONTINGENCIES:
Salary 46,924
: i i ti
GOLF COURSE ENTERPRISE FUND
90000 TRANSFERS TO OTHER FUNDS $ 346,500
TOTAL GOLF COURSE ENTERPRISE FUND $ 1,967,423
14ARINE SCIENCE 14USEUM ENTERPRISE FUND
OFFICES:
27010 Vi@ginia Mu.... of Mari.. Scienc. $ 1,070,924
27011 Mari.e Scienc. MUSEUM Gift Shop 208,276
Total $ 1,279,200
80000 RESERVE FOR CONTINGENCIES $ 19,350
90000 TRANSFERS TO OTHER FUNDS $ 773,699
TOTAL 14ARINE SCIENCE MUSEUM ENTERPRISE FUND $ 2,072,249
RESORT PARKING ENTERPRISE FUND
DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT:
39060 Parking Lot. $ 53,900
90000 TRANSFERS TO OTHER FUNDS $ 620,000
TOTAL RESORT PARKING ENTERPRISE FUND $ 673,900
GENERAL DEBT FUND
70010 Debt Ser@i.e $ 46,652,365
ENGINEERING AND HIGHWAYS REVENUE SHARING CAPITAL PROJECTS FUND
90000 TRANSFERS TO OTHER FUNDS $ 814,200
BUILDINGS REVENUE SHARING CAPITAL PROJECTS FUND
OFFICES:
Emergency M.dical Ser@ice. $ 014,200
COMMUNITY DEVELOPMENT CAPITAL PROJECTS FUND
COMMUNITY DEVELOPMENT:
C.-..ity De,.l.p ... t $ 505,000
FIRE PROGRAMS CAPITAL PROJECTS FUND
FIRE DEPARTMENT:
Fi@. Programs $ 222,469
WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUNI)
DEPARTMENT OF PUBLIC UTILITIES:
20060 Water Constructi.n $ 365,000
20060 Se.er C...truction 1,635,000
TOTAL WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND $ 2,000,000
ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROUECTS FUND
PUBLIC WORKS DEPARTMENT:
10110 Highay Constructi.n $ 6,101,457
COMMUNITY DEVELOPMENT:
Commu.ity Development $ 651,776
TOTAL ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND $ 6,753,233
SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF EDUCATION:
50090 School Con.t@uction $ 751,135
PARKS AND RECREATION GENERAL REVENUE CAPTIAL PROJECTS FUND
11020 Parke and R.creation Con6tructi.. $ 6,394,953
BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF GENERAL SERVICES:
16010 Building Con.tr.ction $ 3,017,928
4m 0 onditure 0
RESORT AREA CAPITAL PROJECTS FUND
OFFICES:
30010 Resort Area $ 4,109,169
CD RENTAL REHABILITATION GRANT FUND
COMKUNITY DEVELOPMENT:
40050 Rent.1 R.h.bilitati.. $ 108,000
CD LOAN AND GRANT FTIND
COMMUNITY DEVELOPMENT:
40060 Loans and Grants $ 703,874
TOTAL BUDGET $ 806,953,261
L... : Inte@f-d Tr=sfer. 217,192,577
MET BUDGET $ 5 89, 7 6 0, 6 84
Section 2. Subject to the provisions of Chapter 2, Article III, of the
Virginia Beach City Code, the salaries and wages set forth in detail in said
Annual Budget, are hereby authorized and fixed as the maximum compensation to be
paid for services rendered.
The total of permanent positions, shall be the maximum number of positions
authorized for the various departments of the city during said fiscal year except
changes or addilions authorized by the Council and as hereinafter provided. The
City Manager may from time to time increase or decrease the number of temporary
positions provided the aggregate amount expended for such services shall not
exceed the respective appropriations made therefor. With the exception of the
education department, the City Manager is authorized to make such rearrangements
of positions within and between bureaus, divisions, and departments named herein,
as may best meet the uses and interests of the city.
Section 3. All collection of delinquent city taxes shall be credited to the
General Fund of the city by the Treasurer.
Section 4. All colleclions of local taxes levied shall be credited to the
Ceneral Fund of the city. Transfers shall be made from the General Fund to the
respective specially designated funds for which a levy is made in the respective
amounts levied for each such specially designated fund.
Section S. All balances of the appropriations payable out of each fund of
the City Treasury unencumbered at the close of business for the fiscal year
ending on the thirtieth (30th) day of June, 1990, except, as otherwise provided
for, are hereby declared to be lapsed into the surplus of the respective funds,
except School Operating Fund which shall lapse into the General Fund Surplus, and
may be used for the payment of the appropriations which may be made in the
appropriation ordinance for the fiscal year beginning July 1, 1990. However,
there shall be retained in the General Fund Surplus, an undesignated amount not
less than the range of seventy-five (75) to one hundred (100) percent of the
budget for city and school debt service payments for that fiscal year for
contingencies and emergency situations and not to be used to support appropria-
tions approved in the ordinance for the fiscal year beginning July 1, 1989,
except upon subsequent authorization by City Council.
Section 6. No department or agency for which appropriations are made under
the provisions of this Ordinance shall exceed the amount of the appropriations
except with consent and approval of the City Council first being obtained, but it
is expressly provided that the restrictions with respect to the expenditure of
the funds appropriated shall apply only to the totals for each operating appro-
priation unit included in this Ordinance and does not apply to lnterfund Trans-
fers.
The City Manager or the Assistant City Manager for Analysis and Evaluation
is hereby authorized to approve transfers for appropriations within any depart-
ment or between departments in an amount not to exceed $10,000 in any single
transaction, and is further authorized to approve transfers and expenditures from
the Reserve for Contingencies in an amount not to exceed $10,000 in any single
transaction except as herein provided. The City Manager may limit expenditures
to the classes of appropriations as set forth in the budget document or as
required by the State A.ditor of Public Accounts if such requirements are
different from the classes shown in the budget document. In addition, the City
Manager may transfer appropriations from Reserve for Contingencies, in amounts
necessary, for salary adjustments approved by City Council.
Section 7. Nothing in this section shall be construed as authorizing any
reduction to be made in the amount appropriated in this Ordinance for the payment
of interest or bonds on the bonded debt of the City Government or the former
political subdivisions of Virginia Beach and Princess Anne County.
Section 8. Allowances out of any of the appropriations made in this
Ordinance by any or all of the city departments, bureaus, or agencies, to any of
Lheir officers and employees for expenses on account of the use by such officers
and employees of their personal automobiles in the discharge of their official
duties shall not exceed twenty-four cents ($.24) per mile of actual travel for
the first 15,000 miles and eleven cents ($.11) per mile for additional miles of
such use within the fiscal year.
SecLion 9. All traveling expense accounts shall be submitted on forms
approved by the Director of Finance and according to reg.lations approved by the
City Council. Each account shall show the dates expenses were incurred or paid;
number of miles traveled; method of travel; hotel expenses, meals, and incidental
expenses. The Director of Finance is specifically directed to withhold the
issuance of checks in payment of expense accounts submitted for "Imp-sum"
amounts, including payments to employees of the School Board.
Section 10. That this Ordinance shall be in effect from and after the date
of its adoption.
Section 11. That if any part or parts, section or sections, sentences,
clause, or phrase of this Ordinance is for any reason declared to be nconstitu-
tional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance.
First Reading: May 8, 1989
Second Reading: May 15, 1989
Adopted by the Council of the city of Virginia Beach, Virginia, on the 15
day of May -, 1989.
- 18 -
Item IV-F.2.b.
FY 1989-1990 OPERATING BUDGET ITEM # 31233
Upon motion by C)ounci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED, upon SECOND READING:
Ord i nance esta b I i sh I ng the tax I evy on rea I estate
for Tax Fiscal Year 1990.
Voting: 9-0
Counci I Members Voting Aye:
Albert W. Balko, John A. BaLirn, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor @yera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan and John L. Perry
AN ORDINANCE ESTABLISHING THE TAX LEVY
ON REAL ESTATE FOR TAX FISCAL YEAR 1990
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
REAL ESTATE.
There shall be levied and collected for fiscal year 1990 taxes for general
purposes on all real estate, not exempt from taxation and not otherwise provided
for in this Ordinance, at the rate of ninety-seven and seven-tenths cents ($.977)
on each one hundred dollars ($100) of assessed valuation thereof. The real
property tax rates which have been prescribed in this section shall be applied on
the basis of one hundred percentum of the fair market value of such real property
except for public service real property which shall be on the basis as provided
in Section 58.1-2604 of the Code of Virginia, as amended.
FACILITIES' CLASSIFIED AS REAL ESTATE.
In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for fiscal year
1990, taxes on all real estate certified by the Commonwealth of Virginia as
"Certified Pollution Control Equipment and @-@cilities" not exempt from taxation,
at the rate of ninety-seven and seven-tenths cents ($.977) on each one hundred
dollars ($100) of assessed valuation thereof. The real property tax rates
imposed in this section shall be applied on the basis of one hundred percentum of
fair market value of such real property.
Secti.n 3 CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause, or phrase
of this Ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portion of this
Ordinance.
Section 4. EFFECTIVE DATE.
This Ordinance shall be in effect from and after the date of its adoption.
First Reading: May 8, 1989
Second Reading: May 15, 1989
Adopted by the Council of the city of Virginia Beach, Virginia on the 15
day of 1989.
- 19 -
Item IV-F.2.c.
FY 1989-1990 OPERATING BUDGET ITFYI # 31234
Upon motion by Councilman fleischober, seconded by Vice Mayor Fentress, City
Council ADOPTED, upon SECOND READING:
Ordinance establishing the tax levy on personal
property and machinery and tools for the Calendar
Year 1990.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council @4embers Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
Ma 1 1
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND 14ACHINERY AND TOOLS
FOR THE CALENDAR YEAR 1990.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF.LEVY ON TANGIBLE PERSO 0
In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1990, taxes on all tangible personal property, not exempt from
taxation and not otherwise provided for in this ordinance, at the rate of three
dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed
valuation thereof.
In accordance with Section 58.1-3504 for the Code of Virginia (1950), as
amended, certain household goods and personal effects as defined therein shall be
exempt from taxation.
Section 2. AMOUNT SONAL
PROPERTY USED AS MOBILE HOMES.
In accordance with Section 58.1-3506 (A)(8) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1990 taxes on all vehicles without motor power used or designated
to be used as mobile homes, at the rate of ninety-seven and seven-tenths cents
($.977) on each one hundred dollars ($100) of assessed valuation thereof.
Section 3 AP ALL BO
MORE.
In accordance with Section 58.1-3506 (A)(1) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1990 taxes on all boats or watercraft weighing five tons or more at
the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100)
of assessed valuation thereof.
Section 4 AMOOUUNNTI: OOTF AND
FAC RTY.
In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for the
calendar year 1990 taxes on all tangible personal property certified by the
Commonwealth of Virginia as "Certified Pollution Control Equipment and Facili-
ties" not exempt from taxation, at the rate of three dollars and eighty cents
($3.80) on each one hundred dollars ($100) of assessed valuation thereof.
ect on 5 AM
FARM LIVESTOCK it EEDS U R THE
POU-LTRY.
In accordance with Section 58.1-3505 of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for the
calendar year 1990 taxes on all farm machinery and implements, farm tools, and
farm livestock, including all horses, poultry, and grains and feeds used for the
nurture of farm livestock and poultry, not exempt from taxation, at the rate of
one dollar ($I) on each one hundred dollars ($100) of assessed valuation thereof.
Section 6, AMOUNT OF 1,EVY ON KACHINERY AND TOOLS.
In accordance with Section 58.1-3507 of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for the
calendar year 1990 taxes on machinery and tools, not exempt from taxation, at the
rate of one dollar ($I) on each one hundred dollars ($100) of assessed valuation
thereof.
Section 7. AMO IRCRAFT.
In accordance with Section 58.1-3506 (A)(2,3) of the Code of Virginia
(1950), as amended, there shall be levied and collected for general purposes for
the calendar year 1990 taxes on all aircraft at the rate of three dollars and
eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation
thereof.
Section 8. AM
In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1990 taxes on all antique automobiles at the rate of three dollars
and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation
thereof.
Section 9. AMOUNT OF L MENT.
In accordance with Section 58.1-3506 (A)(6) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1990 taxes on all heavy construction equipment at the rate of three
dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed
valuation thereof.
Section 10. AMOUNT OF LEVY
PERS NAL PROPERTY.
In accordance with Section 58.1-3506 (A)(5) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1990 taxes on all research and development tangible personal
property, not exempt from taxation, at the rate of one dollar ($I) on each one
hundred dollars ($100) of assessed valuation thereof.
Section 11, AMOUNT OF LEVY
In accordance with Section 58.1-3506 (A)(7) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1990 taxes on all energy conversion equipment at the rate of one
dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof.
Section 12, AMOUN TARDWARE.
In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1990 taxes on all computer hardware used by businesses primarily
engaged in providing data processing services to other nonrelated or nonaffilia-
ted businesses, not exempt from taxation, at the rate of three dollars and eighty
cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof.
Section 13. AMOUN
USED
In accordance with Section 58.1-3506 (A)(10) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1990 taxes on all privately owned pleasure boats and watercraft use
for recreational purposes only, at the rate of one dollar and fifty cents ($1.50)
on each one hundred dollars ($100) of assessed valuation thereof.
LERMI-NATION.
In accordance with Section 58.1-3103 of the Code of Virginia (1950), as
amended, personal property mentioned in the above sections shall be assessed at
actual fair market value, to be determined by the Commissioner of Revenue for the
city of Virginia Beach.
Section 15. CONSTITUTIO ALITY.
That if any part or parts, section or sections, sentences, clause, or phrase
of this ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portions of this
ordinance.
Section 16 EFFECTIVE DATE.
This ordinance shall be in effect January 1, 1990.
First Reading: May 8, 1989
Second Reading: May 15, 1989
Adopted by the Council of the city of Virginia Beach, Virginia on the 15
day of May 1989.
- 20 -
item IV-F.2.d/e/f/g.
FY 1989-1990 OPERATING BUDGET ITEM # 31235
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED, upon SECOND READING:
Ordinance to AMEND Chapter 35 of the Code of the
City of Virginia Beach, Virginia, by ADDING thereto
a new Section 35-252 re short-term rentaf tax.
The following Ordinances were ADOPTEDon May 8, 1989, and should not have been
included in City Council's Agenda:
Ordinance to AMEND and REORDAIN Section 4-89 of the
Code ot the City of Virginia Beach, Virginia, re
Audit Fee for Bingo Games and Raffles.
Ordinance to AMEND and REORDAIN Section 31-61,
Subparagraphs (a) and (b) of the Code of the City
of Virginia Beach, Virginia, re charge for
depositing solid waste at City retuse disposal
areas.
Ordinance to AMEND Chapter 18 of the Code of the
City of Virginia Beach, Virginia, by ADDING Section
18-104.1 re license taxation.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council %mbers Absent:
Reba S. McC]anan and John L. Perry
1 AN ORDINANCE TO AMEND CHAPTER 35 OF THE CODE
2 OF THE CITY OF VIRGINIA BEACH BY ADDING
3 THERETO A NEW SECTION 35-252 PERTAINING TO
4 SHORT-TERM RENTAL TAX
5 Be it ordained by the Council of the City of Virginia
6 Beach, Virginia, that Chapter 35 of the Code of the City of
7 Virginia Beach is hereby amended and reordained by adding thereto
8 a new section 35-252 as follows:
9 ARTICLE XII 35-252 SHORT-TERM RENTAL TAX
10 Section 35-252. Short-term rental tax.
11 (a) Levied; amount.
12 Pursuant to Section 58.1-3510 of the Code of
13 Virginia, there is hereby assessed and imposed on every person
14 engaged in the short-term rental business a tax of one (1)
15 percent on the gross proceeds of such business. Such tax shall
16 be in addition to the tax levied Pursuant to Section 58.1-605 of
17 the Code of Virginia. For purposes of this section, "gross
18 proceeds" means the total amount charged to each person for the
19 rental of daily rental property, excluding any state and local
20 sales tax paid vursuant to the Virqinia Retail Sales and Use Tax
21 Act.
22 (b) Daily rental property; defined.
23 For purposes of this section, "daily rental
24 property" means all tangible personal property held for rental
25 and owned by a person engaged in the short-term rent 1 business
26 except trailers, as defined in Section 46.1-1 (33) of the Code of
27 Virginia and other tangible personal property required to be
28 licensed or registered with the Department of Motor Vehicles,
29 Department of Game and Inland Fisheries, or the Department of
30 Aviation.
31 (c) Short-term rental business; defined.
32 A Person is engaged in the short-term rental
33 business if not less than eighty percent (80%) of the gross
34 rental receipts of such business in any year are from
35 transactions involving rental periods of ninety-two (9;1
36 consecutive days or less, including all extensions and renewals
37 to the same person or a person affiliated with the lessor.
38 "Affiliated" for purposes of this subsection shall mean any
39 common ownership interest in excess of five percent (5%) of any
40 officers or partners in common with the lessor and lessee. For
41 purposes of this test, (i) any rental to a person affiliated with
42 the lessor shall be treated as rental receipts but shall not
43 qualify for Purposes of the eighty percent (80%) requirement, and
44 (ii) anv rental of personal property which also involves the
45 provision of personal services for the operation of the personal
46 property rented shall not be treated as gross receipts from
47 rental. For purposes of this section, the delivery and
48 installation of tangible personal property shall not mean
49 operation.
50 (d) Taxation of rental property that is not daily
51 rental property.
52 Except for daily rental passenger cars, rental
53 property that is not daily rental property shall be classified
54 for taxation pursuant to Section 58.1-3503 of the Code of
55 Virginia.
56 (e) Collection, return and remittance of tax.
57 Every person engaged in the short-term rental
58 business shall collect the rental tax from the lessee of the
59 daily rental Property at the time of the rental. The lessor of
60 the daily rental property shall transmit a quarterlv return to
61 the Commissioner of Revenue, indicating the gross proceeds
62 derived from the short-term rental business and shall remit
63 therewith the payment of such tax as is due for the quarter. The
64 quarterlv returns and Payment of tax shall be filed with the
65 Cormnissioner of Revenue on or before the 20th day of each of the
66 months of April, July, October and January, representing,
67 respectively, the gross proceeds and taxes collected during the
68 preceding quarters ending March 31, June 30, September 30 and
69 December 31. The return shall be upon such forms and setting
70 forth such information as the Commissioner of Revenue may
71 require, showing the amount of gross receipts and the tax
2
72 required to be collected. The taxes required to be collected
73 under this article shall be deemed to be held in trust by the
74 person required to collect such taxes until remitted as required
75 in this article.
76 (f) Procedure upon failure to co t or remit
77 taxes.
78 If any person, whose duty it is so to do, shall
79 fail or refuse to collect the tax imposed under this article and
80 to make, within the time provided in this article, the returns
81 and remittances required in this article. the Conunissioner of
82 Revenue shall Proceed in such manner as he may deem best to
83 obtain facts and information on which to base his estimate of the
84 tax due. As soon as the Commissioner of Revenue s rocure
85 such facts and information as he is able to obtain upon which to
86 base the assessment of any tax Payable by any person who has
87 failed or refused to collect such tax and to make such return and
88 remittance, he shall vroceed to determine and assess against such
89 person the tax, penalty and interest provided for by this article
90 and shall notifv such person, by registered mail, sent to his
91 last known place of address, of the total amount of such tax,
92 penalty and interest and the total amount thereof shall be
93 payable within ten (10) days from the date of such notice. In
94 the event such tax is not paid within ten (10) days from the date
95 of the notice, the Treasurer shall proceed to collect same in
96 accordance with Chapter 9 of Title 58.1 of the Code of Virginia.
97 (g) Penalty and interest.
98 If any person, whose duty it is so to do, shall
99 fail or refuse to remit to the Commissioner of Revenue the tax
100 required to be collected and paid under this article within the
101 time specified in the article, there shall be added to such tax a
102 penalty in the amount of ten (10) percent of the tax Past due or
103 the sum of ten (10) dollars, whichever is the greater. The
104 assessment of such penaltv shall not be deemed a defense to any
105 criminal prosecution for failing to make any return or remittance
106 as reauired in this article. Additionally, interest on late
3
107 payments of all taxes due shall be added at the rate of ten (10)
108 Percent Per vear. Penalty and interest for failure to pay the
109 tax assessed Pursuant to this article shall be assessed on the
110 first day following the day such quarterly installment payment is
111 due.
112 (h) Exclusions and exemptions.
113 No tax shall be collected or assessed on (i)
114 rentals bv the Commonwealth, any political subdivision of the
115 Commonwealth or the United States or (ii) any rental of durable
116 medical equipment as defined in subdivision 22 of Section 58.1-
117 608 of the Code of Virginia. Additionally, all exemptions
118 applicable in Chapter 6 of Title 58.1 of the Code of Virginia
119 (S 58.1-600 et. seg.) shall apply mutatis mutandis to the daily
120 rental property tax.
121 (i) Renter's certificate of registration.
122 Every person engaging in the business of short-
123 term rental o
124 application for a certificate of registration with the
125 Commissioner of Revenue. The application shall be on a form
126 Prescribed by the Commissioner of Revenue and shall set forth the
127 name under which the applicant intends to operate the rental
128 business, the location and such other information as the
129 commissioner may require.
130 Each applicant shall sign the application as
131 owner of the rental business. If the rental business is owned @
132 an association, partnership or corporation, the application shall
133 be signed by a member, partner, executive officer or other person
134 specifically authorized by the association, partnership or
135 corporation to sign.
136 Upon approval of the application by the
137 Commissioner of Revenue, a certificate of registration shall be
138 issued. The certificate shall be conspicuously displayed at all
139 times at the place of business for which it is issued.
140 The certificate is not assignable and shall be
4
141 valid only for the person in whose name it is issued and the
142 place of business desicinated.
143 (j) Criminal penalties for violation of article.
144 Any person violating or failing to comply with any
145 provision of this article shall be guilty of a Class 3
146 misdemeanor. Provided however, if the amount of tax due and
147 unpaid for any quarterlv installment exceeds $1,000, any person
148 failing to remit payment when due shall be guilty of a Class 1
149 misdemeanor.
150 This ordinance shall be effective on and after July 1,
151 1989.
152 Adopted by the Council of the City of Virginia Beach,
153 Virginia on the @15 day of maly 1989.
154 GLF/ils/epm
155 05/02/89
156 CA-89-3301
157 \ordin\proposed\35-252.pro
FIRST READING; May 8, 1989
SECOND READING: May 15, 1989
5
AN ORDINANCE TO AMEND AND REORDAIN SECTION 4-89
OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA PERTAINING TO THE AUDIT FEE FOR
BINGO CAMES AND RAFFLZS
BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
TRAT SECTION 4-89 IS HEREBY AMENDED AND REORDAINED AS FOLLOWS:
Sect 4-89. Adit Fe.
An audit fee of-orie-half of one percent of gross receipts which an
organization reports pursuant to section 4-88 of this article and section 18.2-
340.6 of the Code of Virginia, is hereby imposed. For any organization which has
gross receipts less than two thousand dollars ($2,000.00), the audit fee is
hereby waived. (Code 1965, Section 23-12.1; Ord. No. 1009, 11-26-79; Ord. No.
1312, 8-2-82)
State laW reference - Duty to establish audit fee, code of Virginia,
Section 18.2-340.7.
This ordinance shall be effective on July 1, 1989.
Adopted by the Council of the city of Virginia Beach, Virginia on the
8th_ day of , 1989.
AN ORDINANCE TO AMEND AND REORDAIN SECTION 31-61
SUBPARAGRAPHS (a) AND (b) OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO THE
CHARGE FOR DEPOSITING SOLID WASTE AT CITY
REFUSE DISPOSAL AREAS
BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT SECTION 31-61 SUBPARAGRAPHS (a) AND (b) ARE HEREBY AMENDED AND REORDAINED AS
FOLLOWS:
Section 31-61 Use Ch @es
(a) There shall be a fee of twenty-five twenty-six dollars and fifty
cents ($25.09 $26.50) per ton, or a thirteen dollar ($13.00) minimum charge for
less that one ton, or any part thereof, for all sanitary solid waste, refuse,
debris or garbage generated solely within the city and deposited at the city
refuse disposal areas; provided, however, that residents of the city depositing
sanitary solid waste, refuse, debris, or garbage generated solely from their
households may deposit the same free of charge.
(b) There shall be a fee of seventy-five cents ($.75) per tire for
cuttirig and (lisposing of tires at city reftise disposal areas.
This ordinance shall be effecti,e on Jtily 1, 1989.
Adopted by the Council of the city of Virginia Beach, Virginia on the
8th(iay of 1989
1 AN ORDINANCE TO AMEND CHAPTER 18 OF THE CODE
2 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY
3 ADDING SECTION 18-104.1 PERTAINING TO LICENSE
4 TAXATION
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Chapter 18 of the Code of the City of Virginia Beach is
8 hereby amended by adding section 18-104.1, which shall read as
9 follows:
10 Section 18-104.1. Short-term rental business.
11 Every person engaged in the short-term rental business as
12 defined in section 35-252 of this code shall be classified in the
13 category of retail sales and shall pay a license tax equal to
14 that imposed in section 18-89 on merchants, retail.
15 This ordinance shall become effective on July 1, 1989.
16 Adopted by the City Council of the City of Virginia
17 Beach, Virginia, on the 15 day of May 1989.
18 GLF/epm
19 05/02/89
20 CA-89-3299
21 \ordin\proposed\18-104-l.PRO
- 21 -
Item IV-F.3.
FY 1989-1990 OPERATING BUDGET ITEM # 31236
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Ordinance to set compensation at $20,000 per annum
for the Mayor and $18,000 per annum for Council
Members. (Effective: July 1, 1989)
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice %yor Robert E.
Fentress, Harold @ischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council %mbers Absent:
Reba S. McClanan and John L. Perry
AN ORDINANCE TO SET SALARIES OF
COUNCIL MEMBERS AT $18,000 PER ANNUM
AND $20,000 PER ANNUM FOR THE MAYOR
WHEREAS, the Code of Virginia Section 14.1-47.2, as amended by the
General Assembly on March 22, 1988, provides maximum salaries for Mayors and
Council Members in cities with a population of 260,000 and over;
WHEREAS, Council salaries have not been increased since July 1, 1985;
WHEREAS, the consumer price index has increased during that time by
12.9% and the population of the city has increased by 18%;
WHEREAS, the proposed increase approximately equals a 4.6% average
annual increase since 1985;
WHEREAS, it is the opinion of the City Council that such salaries
should be increased effective on July 1, 1989;
WHEREAS, funds are available by transfer from the General Fund Reserve
for Contingencies;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That salaries for council members shall be $18,000 per annum and
$20,000 per annum for the Mayor, respectively, effective July 1, 1989.
BE IT FURTHER ORDAINED that funds in the amount of $33,000 are hereby
transferred from General Fund Reserve for Contingencies to the Municipal Council
Budget to provide for these salary increases for the fiscal year 1989-1990.
This ordinance shall be effective upon passage.
Adopted by the Council of the City of Virginia Beach, Virginia , on
this 15th day of May, 1989.
- 22 -
Item IV-G.
PUBLIC HEARING ITFAM # 31237
Mayor Oberndorf DECLARED a PUBLIC HEARING:
VIRGINIA BOARD OF GAME AND INLAND FISHERIES
Request for Approval of Special Regulations
applicable to the waters of the City of
Virginia Beach
The following spoke in SUPPORT of the Resolution:
Captain Les Fenlon, Phone: 481-2501, Chairman of the Great Neck Civic
Association and Friends of Seashore State Park.
Roy M. Niel, Jr. , 521 Wilder Drive, Phone: 425-6381, represented the Crystal
Lake Property Owners and presented a petition in support of the Resolution
(Said Petition is hereby made a part of the record.)
Adin Woodward, 5150 Tirnanog Cove, Phone: 428-5714, represented the Water Use
Committee
Archie B. Crittenden, 2406 Jib Circle, Phone: 481-0535, resident of Bay Island
on the waters of Long Creek. A copy of Archie Crittenden's statement is
hereby r@iade a part of the record.
REGISTERED BOTH IN SUPPORT AND OPPOSITION:
Olive Browning, 1833 Green Hill Road, Phone: 481-6174, served on National
Boating and Safety Council for five years
OPPOSED:
Johnny Johnson, 3352 Glen Eden Quay, Phone: 463-5900, life-long resident
Herbert Barnes, III, 2093 Thomas Bishop Lane, Phone: 496-9591, thirty-five year
resident
Mark Lind, 3288 Page Avenue #907
Mike Kelly, 1620 Five Forks Road, Phone: 464-2891, represented the Virginia
Beach Jet Ski Club
Joseph Desormeaux, 2204 Covered Bridge Way, Phone: 481-0119
Michael Holland Darden, 1131 Brandon Road, Phone: 428-5740,
H. M. (Chip) Bruestle, 3901 Thalia Trace Court, Phone: 431-2638, President -
Beach Hoovercraft, Inc.
Marion Goodman, 1356 Baycliff Drive, Phone: 481-1983, served on Water Use
Committee.
Bill H. Brazier, 1501 Colebrook Drive, Phone: 467-2009, Civilian Employee with
the Fifth District Coast Guard and works in co-ordination with the U.S. Army
Engineers
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HF-ARING.
May 15, 1989
- 23 -
Item IV-H.I.
RESOLUTION ITEM # 31238
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
ADOPTED, AS AMENDED:*
Resolution requesting the Virginia Board of Game
and Inland Fisheries to approve the certain special
regulations applicable to the waters of the City of
Virginia Beach.
As a part of the motion, Councilman Balko requested the Public Hearing to be
well advertised and SCHEDULED locally.
"Line 31, under Regulation 2. shall state:
300 feet or less
(the above shall be clearly defined)
Line 34, under Regulation 3.:
The word "forbid" shall be removed
The word "jet skis" shall be changed to "personal
water craft"
Regulation No. 4 shall remain intact.
(Councilwoman Parker suggested the City make sure
the 150-foot channel is clear except for cross
steerage.)
Due to possible safety problems, Councilwoman Henley suggested further study of
the Back Bay area before the recommendation to encourage water skiers is made.
There is an unpredictable level of water in Back Bay.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
Ma 15 1989
1 A RESOLUTION REQUESTING THE VIRGINIA BOARD
2 OF GAME AND INLAND FISHERIES TO APPROVE THE
3 CERTAIN SPECIAL REGULATIONS APPLICABLE TO
4 THE WATERS OF THE CITY OF VIRGINIA BEACH
5 WHEREAS, the Virginia Beach Recreational/Commercial Water
6 Use Committee in its report to the City Manager has recommended
7 that certain regulations be adopted pertaining to traffic on the
8 City waterways;
9 WHEREAS, it is deemed desirable to enact such regulations;
10 WHEREAS, the Code of Virginia provides that the Board of
11 Game and Inland Fisheries may, at the request of any municipal
12 government, adopt regulations pertaining to the use of waterways;
13 NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 That the City Attorney is authorized and directed to
16 petition the Virginia Board of Game and Inland Fisheries to adopt
17 the following special regulations applicable to the waters of the
18 City of Virginia Beach:
19 1. The governing body of the City of Virginia Beach may, by
20 ordinance declare it unlawful for any person operating any power
21 driven vessel within (a) those waters commencing at the Number
22 One green can entrance buoy, southward through the Lesner Bridge
23 Channel, including all spans of the Lesner Bridge, the Lynnhaven
24 River Basin eastward and the Long Creek and Old Long Creek
25 channels, and (b) the Narrows, to proceed at a speed greater than
26 steerage speed. steerage speed is defined as the minimum speed
27 required to safely maneuver a vessel, in consideration of current
28 wind and that vessel's handling characteristics;
29 2. The governing body of the City of Virginia Beach may, by
30 ordinance, limit the operation of any power driven vessel within
31 300 feet or less of the shoreline of any lake or waterway to a
32 speed no greater than steerage speed;
33 3. The governing body of the City of Virginia Beach may, by
34 ordinance, restrict the operation of personal water craft, water
35 bikes and similar craft in those waters of Back Bay within the
36 City of Virginia Beach; and
37 4. The governing body of the City of Virginia Beach may, by
38 ordinance, establish a throughway channel for the exclusive use
39 of vessels traversing Broad Bay and Linkhorn Bay, such channel
40 not to exceed 150 feet in width, wherein fishing, crabbing,
41 anchoring, water skiing and jet skiing are prohibited and all
42 cross traffic shall give way to vessels in transit; provided,
43 that such throughway shall be clearly designated by appropriate
44 channel markers.
45 Adopted this 15 day of May, 1989, by the Council of the
46 City of Virginia Beach, Virginia.
47 WEB/dga
48 5/5/89
49 5/16/89
2
- 24 -
Item IV-H.2.
INTRODUCrION IT@l # 31239
ADD-ON
Mayor Oberndorf introduced Mr. and Mrs. Jan Koops. Jan is City Clerk and City
Manager of the Town of Tiel, Holland. The Town of Tiel has a population of
40,000 with 4 Aldermen and 23 Council Members.
This is the Koops' first visit to America. Jan was recently selected to
represent Tiel on a trade mission to Russia. He will be going there the last
of May. The Koops were one of the Host Families for the 1988 IIMC Study Tour of
Municipal Governments in England, Holland, Belgium and Germany. They are
enroute to the 43rd Annual Conference of IIMC in Halifax, Nova Scotia and are
house guests of the City Clerk, Ruth Smith.
- 25 -
Item IV-I.l.a.
PLANNING ITEM # 31240
Attorney Robert Cromwell, Pembroke One, Phone; 499-8791, represented the
applicant
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
APPROVED a 3-year Temporary Variance to the Subdivision Ordinance upon
application of LYLE T. and MARY E. SMITH. During this time Mr. Smith shall work
towards completing the subdivision of the rest of his property.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Lyle T. & Mary E. Snith.
Property is located at 2033 Salem Road. Plats with
more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara iM. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council @lembers Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Reba S. McClanan and
John L. Perry
- 26 -
Item IV-J.
CONSENT AGENDA ITEM # 31241
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12 and 13
of the CONSENT AGENDA.
Item IV-J.7 was pulled for a separate vote.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker"
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
*Councilwoman Parker DISCLOSED she is a Member of the Clean Commi,nity
CowAssion, but this would not impair her ability to vote (See Item IV-J.1.)
Ma 15 1989
- 27 -
Item IV-J.1
CONSENT AGENDA ITEM # 31242
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution endorsing and supporting the
continuation of the Virginia Beach Clean Community
Program and make application for grant funding in
the amount of $20,105 from the Division of Litter
Control, Commonwealth of Virginia.
Voting: 9-0
Council 14embers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, ilancy K. Parker"
and William D. Sessoms, Jr.
Council imembers Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
*Councilwoman Parker DISCLOSED she is a Member of the Clean Community
Commission, but this would not impair her ability to vote (See Item IV-J.1.)
Ma 15 1989
-0-CONTENT
I C, R@'A
@i@EY
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach
recognizes the existence of a litter problem within the
City; and
WHEREAS, the Virginia Litter Control Act of 1976
provides, through the Department of Conservation and
Historic Resources, Division of Litter Control, for grants
for the purpose of enhancing local litter control programs;
and
WHEREAS, the Virginia Beach Clean Community
Program is in its eleventh year of funding under this
program; and
WHEREAS, in order for the twelfth year funding
application to be forwarded to the Division of Litter
Control, said application must be endorsed by Council.
NaW, THEREFORE, BE IT RESOLVED that the Council of
the City of Virginia Beach endorses and supports the
continuation of the Virginia Beach Clean Community Program
with grant funding of $20,105.00 to be furnished by the
Division of Litter Control of the State of Virginia.
BE IT FURTHER RESOLVED that the Department of
Conservation and Historic Resources, Division of Litter
Control, is hereby requested to consider and approve said
grant application and program, said program being in accord
with the regulations governing the use and expenditure of
these funds.
Adopted this 15 day of May 1989.
- 28 -
Item IV-J.2
CONSENT AGENDA ITEM # 31243
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution accepting certification of certain
delinquent real estate as improperly placed on the
City's delinquent land books and authorizing the
City Attorney to pursue removal of such parcels
from the delinquent land books.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
Ma 15 1989
1 RESOLUTION ACCEPTING CERTIFICATION
2 OF CERTAIN DELINQUENT REAL ESTATE
3 AS IMPROPERLY PLACED ON THE CITY'S
4 DELINQUENT LAND BOOKS AND
5 AUTHORIZING THE CITY ATTORNEY TO
6 PURSUE REMOVAL OF SUCH PARCELS FROM
7 THE DELINQUENT LAND BOOKS
8 WHEREAS, the City Attorney, pursuant to SS 58.1-3971 of
9 the Code of Virginia, has submitted to City council a report of
10 parcels of real estate which he has ascertained to be improperly
11 placed on the delinquent land books of the City and has placed a
12 copy thereof on file with the City Clerk; and
13 WHEREAS, it has been determined that the parcels
14 described in a report dated October 5, 1988 titled, "List of Real
15 Estate on Land Books Improperly Placed Thereon or Not
16 Ascertainable . . . as of June 30, 1985 . . .11 do not exist
17 or are otherwise included on the land books as a result of
18 erroneous information contained in deeds, surveys and other
19 instruments recorded in the office of the Clerk of the Circuit
20 Court of the City of Virginia Beach; and
21 WHEREAS, the Commissioner of Revenue, City Treasurer
22 and City Real Estate Assessor have certified the accuracy of the
23 list of property which is the subject of this Resolution.
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26 That the City Council is satisfied with the correctness
27 of the report of the City Attorney listing the parcels of real
28 estate from 1966 through 1982 which have been improperly placed
29 on the delinquent real estate books of the city and authorizes
30 the City Attorney to seek court removal of those parcels from the
31 delinquent books of the City.
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the 15 day of May 1989.
34 LLL/lmt
3 5 8/1/88
36 05/10/89
37 CA-
38 \Ordin\Noncode\zreal.res
- 29 -
Item IV-J.3
CONSENT AGENDA ITEM # 31244
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinances to AMEND and REORDAIN the City Code of
the City of Virginia Beach:
Section 6-5 re pets on the beach.
ADDING a new Section 38-3.2 re restricted use
of bow and arrow.
"The City Staff shall provide regulations concerning restricted use of bow and
arrow.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold I'@eischober, Barbara M. Ilenley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Nlembers Voting Nay:
None
Council Piembers Absent:
Reba S. McClanan and John L. Perry
May 15, 1989
APPROVED A4tO COf4lEi@TS
ISIGNAYUlti
DEPAITTMENT
APPROVti) As TO LEGAL
SUFFICIEW AND FORM
1 tiTY ATTORNEY AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 6-5 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO PETS ON BEACH
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-5 of the Code of the City of Virginia
9 Beach is hereby amended and reordained to read as follows:
10
11
12 Section 6-5. Begs Pets on beach.
13
14 (a) It shall be unlawful for any person who owns or
15 has control of any dog pet to permit such dog pet to be on the
16 public sand beaches, the boardwalk or the grassy area west of the
17 boardwalk to the property lines from Rudee Inlet on the south to
18 42nd Street on the north during the period from May fifteenth
19 through September thirtieth of each year, such period hereinafter
20 referred to as the "season."
21 (b) It shall be unlawful for any person who owns or
22 has control of any dog pet to permit such clog pet to be on any
23 other public sand beaches within the city during the season;
24 provided, however, that such dog pet may be permitted on said
25 beaches in the custody of or under the control of a responsible
26 person during the season between the hours of 7:00 p.m. and 9:00
27 a.m. the following day.
28 (c) In accordance with the provisions of Section 51.5-
29 44 of the Code of Virginia, the provisions of subsections (a) and
30 (b) of this section shall not be applicable to a guide dog,
31 hearing dog or service dog trained to accompany a person with a
32 disability when being accompanied by such person.
33 fet(d) Any person who owns or has control of any dog
34 pet shall not knowingly or willfully permit such clog pet to
35 litter any public sand beaches within the city or to litter the
36 boardwalk or the grassy area west of the boardwalk to the
37 property lines from Rudee lnlet on the south to 42nd Street on
38 the north, at any time during the season or at any other time.
39 In the event such dog pet shall defecate on the public sand
40 beaches within the city, or on the boardwalk or the grassy area
41 west of the boardwalk to the property lines from Rudee Inlet on
42 the south to 42nd Street on the north at any time, the person who
43 owns or has control of such dog pet shall immediately remove all
44 feces deposited thereon by such dog pet and dispose of same in a
45 sanitary manner approved by the department of public health, such
46 as by encasing same in an airtight wrapper or container and
47 placing same in a garbage receptacle. Failure to so remove said
48 feces in accordance with the provisions of this subsection shall
49 constitute a Class 1 misdemeanor.
50 fdf(e) Notwithstanding the above, it shall be unlawful
51 for any person who owns or has control of any dog pet to permit
52 such dog pet to be on any public sand beaches within the city, at
53 any time, unless such person shall have in his possession a
54 container of sufficient size and adequate design to remove and
55 dispose of all feces deposited therein thereon by such dog pet,
56 in accordance with the provisions of subsection fet (d).
57
58 Adopted by the Council of the City of Virginia Beach,
59 Virginia, on the 15 day of May 1989.
60
61 RMB/epm
62 04/19/89
63 05/08/89
64 CA-03279
65 \ordin\proposed\06-005.pro
2
APPROVED AS TO CONT'-r@'@
DEPARTMENT
APPROVED AS TO LEGAL
ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING A NEW
4 SECTION 38-3.2 PERTAINING TO USE OF
5 BOW AND ARROW RESTRICTED
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That the Code of the City of Virginia Beach is hereby
10 amended and reordained by adding a new section 38-3.2 to read as
11 follows:
12
13
14 Section 38-3.2. Use of bow and arrow restricted.
15
16 a. It shall be unlawful for any person to shoot with a
17 bow and arrow within those limits of the city which are specified
18 in section 38-3 to be unlawful for the discharge of any firearm,
19 except within an archery range having clearly designated
20 boundaries and a safe area of impact sufficient to prevent
21 personal injury and Property damage. The use of any such range
22 located on public or school property shall be subject to the
23 approval of the director of parks and recreation or the principal
24 of the respective school. The shooting of arrows tipped with
25 suction cups shall not constitute a violation of this section.
26 b. A violation of this section shall constitute a
27 class 4 misdemeanor.
28
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the 15 day of f@lay 1989.
31
32 WEB/epm
33 02/08/89
34 02/10/89
35 03/20/89
36 05/01/89
37 CA-03159
38 \ordin\proposed\38-003-2.pro
39
40
- 30 -
Item IV-J.4
CONSENT AGENDA ITFIL # 31245
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing the City Manager to provide
to the Department of Housing and Urban Development
information or materials as necessary to permit the
review, approval and funding of the City's
Fifteenth Year Entitlement Grant application.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
May 15, 1989
Requested by: The Department of Housing and Community Development
AN ORDINANCE TO APPLY FOR COMMUNIT7
DEVELOPMENT BLOCK GRANT FUNDS
FOR THE FIFTEENTH PROGRAM YEAR
WHEREAS, the United States Congress has established
legislation designated as the Housing and Community Development Act
of 1974 setting forth as a national goal the development of viable
urban communities; and
WHEREAS, there is federal assist,nce avail,ble f,r the support
0 f Community Development and Housing activities directed toward
specific objectives such as the elimination of deteriorated
conditions in low and moderate income neighborhoods; the elimination
of conditions which are detrimental to health, safety and welfare;
the conservation and expansion of the Nation's housing stock; the
expansion and improvement of tbe quantity and quality of community
services; and other related activities; and
WHEREAS, the City of Virginia Beach has developed a multi-year
Community Development Program and has structtired the necessary
mecbaniams for implementation in compliance with federal and local
directives; and WHEREAS, the City of Virginia Beach is in the
process of implementing this program and desires to initiate an
application for the Fifteentb Year funding (1989-1990) in the amount
of $2,241,000 which includes projected income of $70,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is bereby authorized and directed to
cause such information or materials, as may be necessary, to be
provided to the Department of Housing and Urban Development to permit
the review, approval, and funding of the City's Fifteenth Year
Entitlement Grant application.
AND BE IT ORDAINED, that the Council of the City of Virginia
Beach gives its assurance that the intent of the Act will be complied
with in full.
Adopted by the Council of the City of Virginia Beach, Virginia
on this - - - 15 - - - - day of __Lay . . . . . .1989.
APPROVED AS TO CONTENT: APPROVED As TO FORM:
ar@i . or City A-- @n@
m . @ttor
Departident of Housing and
Community Development
- 31 -
Item IV-J.5
CONSENT AGENDA ITEM # 31246
Upon motion by Councilman Sessoms, seconded by Councilman Ileischober, City
Council APPROVED upon FIRST READING:
Ordinance authorizing the City Manager to execute
an agreement with the Virginia Department of
Housing and Community Development for a Multifamily
Rehabilitation and Energy Conservation Loan Program
and to APPROPRIATE the Loan Reservation Amount of
$233,000.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, @layor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
@@one
,i
Council Members Absent:
Reba S. McClanan and John L. Perry
Ma 15 1989
REQUESTED BY: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE VIRGINIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR A MULTIFAMILY REHABILITATION
AND ENERGY CONSERVATION LOAN PROGRAM AND TO APPROPRIATE
THE LOAN RESERVATION AMOUNT OF $233,000
WHE REAS, t he C ommonw eal th of Virginia has es tab l i shed the
Virginia Housing Partnersbip Fund to encourage the improvement of
housing opportunities for lower-income Virginians; and
WHEREAS, the Virginia Department of Housing and Community
Developmeni has established a program entitled the Multifamily
Rehabilitation and Energy Conservation Loan Program, which
authorizes local governments to make loans to citizens to provide
for the rehabilitation of multifamily housing units; and
WHEREAS, the Virginia Department of Housing and Community
Development has informed the City that a reservation in the
amount of $233,000 has been set aside for the City for such
rehabilitation loans;
NOW, THEREFORE BE IT ORDAINED THAT the City Manager is
authorized to execute an agreement with the Virginia Department
of Housing and Community Development to make such loans; and
BE IT FURTHER ORDAINED THAT the loan reservation in the
amount of $233,000 be appropriated for the purpose of making such
loans; and
BE IT FURTHER ORDAINED THAT the City of Virginia Beach will
comply with all requirements of tbis program as set forth by the
Virginia Department of Housing and Community Development.
Adopted by the Council of the City of Virginia Beach on the
day of 1989.
APPROV APPROVED AS TO FORM:
stick, ctor City Attorn-y'y-
f Housing and
Community Development
FIRST READING: May 15, 1989
SECOND READING:
CONTRACT NO: 88MF7
MULTIFAMILY REHABILITATION PROGRAM
ADMINISTRATIVE AGREEMENT
This Agreement, entered into as of this day of
1 19 _ , by and between the Virginia Department of Housing
and Community Development hereinafter referred to as IIDHCDII and
City of Virginia Beach, herein after referred to as "Local
Administrator."
The Multifamily Rehabilitation Loan funds (hereinafter
referred to as the "Funds") which are the subject of this
Agreement are authorized under the Revolving Loan Fund as part of
the Virginia Partnership Fund. These funds are provided through
an appropriation from the Virginia General Assembly. The Funds
are subject to and this Agreement incorporates by reference, the
terms, guidelines and regulations set forth in the Multifamily
Program Guidelines, as revised from time to time, and the laws of
the Commonwealth of Virginia. Also incorporated by reference in
this Agreement are (1) the Administrators Program Application
including certifications, resolutions and agreements contained
therein, and (2) Multifamily Program Manual, as revised from time
to time. This inanual describes the operational procedures by
which the Administrator must conduct the program for minimum
contract compliance.
The Local Administrator will initiate the activities as
required by this Agreement and described in the Administrators'
Program Application, the Program Guidelines, and Program Manual
beginning , 19 _ , unless otherwise specified in
Section III, Special Conditions.
The Local Administrator will complete the work as required
by this Agreement and described in the Administrators' Program
Application, the Program Guidelines, and Program Manual within 12
months from the execution of this Agreement, or more specifically
on or before , 19-.
In reliance upon the Application and associated documents,
the Department agrees, upon execution hereof, to provide the
Administrator a reservation of funds in the amount of $233,000 to
undertake the project activities approved and set forth herein.
The Administrator will have $233,000 of which $125,000 may be
used for approved energy related improvements as defined in
Page 2
Multifamily Rehabilitation Loan Program
Administrative Agreement
Attachment A and may not be used in relation to any other
rehabilitation activity. The balance of the allocation may be
used in relation to any eligible improvement as defined in the
Multifamily Rehabilitation Program Guidelines.
The Administrator agrees to comply with all of the terms and
conditions of this Agreement, the Program Application, and the
Program Manual in its administration of this program. The
Administrator further agrees to nonitor, oversee and report on
the use of the funds under this Agreement.
The Local Administrator agrees to report on the uses of the
loan funds as requested by the Department. The Local
Administrator shall furnish, regularly and in such a form as DHCD
may require, reports concerning the status of project activities
and grant funds. Such report shall be submitted in the form and
manner as prescribed in the Program Manual and in written
instructions from DHCD. The Local Administrator will make
available all documents, records and other program information
requested by the Department.
The Department reserves the right to modify, amend, or
terminate this Agreement any time during the terms of this
Agreement due to failure of the Local Administrator to comply
with the terms and conditions of this Agreement and other Program
Documents set forth herein.
I. Project Description:
The Local Administrator will provide loan funds to 23 units.
The program will operate throughout the City of Virginia Beach
according to the Multifamily Rehabilitation Program Guidelines as
revised 4/88 and according to the Virginia Beach Program Design
as noted in the Virginia Beach application for projects 10 units
or less. Interest rate will be fixed at 6%.
A. Performance Schedule:
May 1 - October 31, 1989 4 units
November 1 - April 30, 1990 19 units
Total 23 units
Page 3
Multifamily Rehabilitation Loan Program
Administrative Agreement
II. Funds Disbursement and Reporting:
A. Funds Disbursement:
Disbursement will be made by Virginia Housing Development
Authority (VHDA) for approved loans only. Once the disbursement
is made the Local Administrator must establish and administer an
escrow account for each individual loan. Adequate accounting
shall be maintained to identify funds escrowed.
B. Reporting Requirements:
The Administrator agrees to submit four quarterly
reports during the project term according to the
following schedule:
Reporting Period Due Date
April 1, 1989 - June 30, 1989 July 15, 1989
July 1, 1989 - September 30, 1989 October 15, 1989
October 1, 1989 - December 31, 1989 January 15, 1990
January 1, 1990 - March 31, 1990 April 15, 1990
III. Special Conditions:
A. The Local Administrator shall submit a minimum of seven
complete application packages to VHDA. Once these initial
applications are received and reviewed, DHCD and VHDA may
recommend local underwriting and approval status. Servicing of
loans will be performed by VHDA.
Page 4
Multifamily Rehabilitation Loan Program
Administrative Agreement
This Agreement is hereby executed by the Parties on the date
set forth below their respective signatures as follows:
VIRGINIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT LOCAL ADMINISTRATOR
By:
Robert J. Adams Signature
Deputy Director
Name
Title
(Date) Date
ATTACHMENT A
LIST OF ELIGIBLE ENERGY IMPROVEMENTS FOR ENERGY RELATED FUNDING:
Allow Repairs:
1. Storm Windows
2. Frameless Plastic Glazing
3. Movable Window Insulations System, i.e., Shade,
Screens, Louvers, Awnings
4. Storm Doors
5. Replacement Windows
6. Replacement Doors
7. Caulking
A. Glazing
B. Gaske-I
C. Weatherstripping
D. Vapor Barriers
8. Thermostats
A. Clock
B. Auto Set Back
C. Line Voltage
D. Auto Gas System
9. Heat Exchangers
10. Hot Water Heat Pumps
11. Repair or Replacement of Defective Heating System
A. Oil
B. Gas
C. Wood
D. Solar
E. Heat Pump
F. Installation of Gas Conversion Burners
G. Boilers
H. Electric
I. Radiator and Valves
J. Duct Insulation
K. Air Ducts and Connectors
L. Chimneys/Fire Places
M. Tanks (Fuel)
N. Waste Heat Recovery Devise
12. Water Heat Repair or Replacement
A. Insulate Tank and/Pipes
B. Install Heat Traps in Inlet/Outlet Pipe
C. Water Pipe Heater Strips
D. Dampers
E. Water Flow Controls
13. Paint
A. Only paint that is white - used as heat reflective
on awnings, louvers, doors and duct.
B. Exterior paint used to cover and/or seal bare
siding, soffit, fascia, rake, trim, etc.
14. Insulation
A. Attic
B. Walls
C . Floors
D. Skirting
E. Vapor Barriers
F. Material and construction of Vestibules
15. Roofing to replace or repair defective leaking roofs
16. Siding repair to effectively close openings or damaged
areas
17. Trim, soffit, fascias, etc., to repair damaged, rotten
open areas
18. Venting - gable ends or appropriate attic and crawl
space venting
19. Floors
A. Material and labor used to repair and replace
rotten, damaged and open floor and subfloor areas
- 32 -
Item IV-J.6
CONSENT AGENDA ITEM # 31247
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council APPROVED upon FIRST READING:
Ordinance to APPROPRIATE additional reimbursements
from the Commonwealth in the amount of $119,669 to
the Sheriff's Department for the funding of 28
additional permanent positions and other operating
expenses.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
AN ORDINANCE TO APPROPRIATE ADDITIONAL REIMBURSEMENTS
FROM THE COMMONWEALTH IN THE AMOUNT OF $119,669 TO THE
SHERIFF'S DEPARTMENT FOR FUNDING OF 28 ADDITIONAL
PERMANENT POSITIONS AND OTHER OPERATING EXPENSES
WHEREAS, the Compensation Board of the Commonwealth has determined
that the 28 additional temporary positions granted to the Sheriff's Department
as an emergency measure in FY88-89 in response to overcrowded conditions and
courtroom security should be considered as permanent positions, and, as such,
receive full fringe benefits;
WHEREAS, additional operating expenses are being incurred at the
Correctional Center as a result of the current daily irunate population of
approximately 420;
WHEREAS, additional appropriations are necessary in the form of
travel reimbursements to the civil processors who are now required to use
personal vehicles versus previously provided city vehicles;
WHEREAS, additional revenues in the form of reimbursements from the
Commonwealth are available as a result of the increased average daily inmate
population;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That 28 temporary positions in the Sheriff's Department be made
permanent as approved by the Compensation Board of the Commonwealth, and that
funds in the amount of $119,669 be appropriated to the Sheriff's Department's
operating budget in support of these positions, and other operating expenses.
BE IT FURTHER ORDAINED:
That the appropriations be off set by a $119,669 increase in estimated
revenues from the Commonwealth.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the day of 1989. APPqOVEr) i@1-4 To CO@ITE@IT
FIRST READING: May 15, 1989
SECOND READING:
- 33 -
Item IV-J.7
CONSENT AGENDA ITDI # 31248
Upon motion by Councilwoman Henley, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance to TRANSFER $600,000 to Project 1-945
Elementary Schools Physical Education Classrooms to
allow the sir@iultaneous construction of three
physical education classrooms.
Clarification relative the delay in these projects shall be forwarded to
Members of City Council.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Ilioss, Mayor i@leyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
Ma 15 1989
Ll- i'@ lli'i..
AN ORDINANCE TO TRANSFER IN THE
OF $600,000 TC) 1-945 ELEMENMRY
SCHOOLS PHYSICAL EIXJCATION TO ALTOW
ME SIK=ANBOUS CAON OF
PHYSICAL EDCJCATION
the @t Capital Improv imludes the addition
of pkwsical education classroans at @ibu, @ton, and @ia El@tary
Schools at a cost of $600,000 each with all three to be oonstructed durincj a two
y- period, and
@, funds for two of the physical education classrocm are
presently available with the remaining furids to beccue available when the 1989
Charter Borid furids are authorized, and
@, the Sdiool Admimstraticn has requested that the reminim
$600,000 be made available to allow the bidding of coristruction as a unit and
effect a cost savings, and
WHEREAS, the $600,000 of funds needed my be transferred fran three
school prol@ which p ly have no activity with the furids to be replaced
when the 1989 Charter Bond furxis beomie available.
NOW, @PE, BE IT ORDADM BY TBE COUNCIL OF THE = OF VIMINIA
BEACH, @INIA that furids in the amomt of $600,000 are hereby transferred as
sh- below to pr-ide for a third pkwsical education classroom.
@fer Frcm
Project 1-974 Williams Elmmtary Sdlool tion $ 73,000
Project 1-990 Bayside Junior High Addition 166,000
Project 1-991 Bayside High Modernizaticn and Addition 361,000
Transfer Tb
Project 1-945 El@tary Sdiools @ical tion Class@ $
This ordinance @l be eff@ive frcm the date of its adoption.
Adcpted by the Council of the City of V@inia Beadi, v@inia on the
15 day of May 1 1989.
- 34 -
Item IV-J.8
CONSENT AGENDA ITE4 # 31249
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing a temporary encroachment into
the City's property, formerly known as Railroad
Right-of-Way, to Susan S. and Leo T. Zoby, Jr.,
their heirs, assigns and successors in title at
2997 Seaboard Road (PRINCESS ANNE BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encraochment so
as not to become unsightly or a hazard.
Voting: 9-0
Council @lembers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
Requested by Department of Public Works
I AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO THE CITY'S PROPERTY
4 FORMERLY KNOWN AS RAILROAD
5 RIGHT-OF-WAY, AS SHOWN ON
6 THE BELOW REFERENCED PLAT,
7 TO SUSAN S. ZOBY AND LEO T.
8 ZOBY, JR., HER HUSBAND,
9 THEIR HEIRS, ASSIGNS AND
10 SUCCESSORS IN TTTLE
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent
14 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
15 amended, Susan S. Zoby and Leo T. Zoby, Jr., her husband, their
1.6 heirs, assigns and successors in title are authorized to
17 construct and maintain a temporary encroachment into City
18 property formerly known as railroad right-of-way, as shown on the
19 below referenced plat.
20 That the temporary encroachment herein authorized is
21 for the purpose of constructing and maintaining an asphalt
22 driveway, a gravel road, and four 1001 sections of 4811 wooden
23 fencing, and that said encroachment shall be constructed and
24 maintained in accordance with the City of Virginia Beach Public
25 Works Department's specifications as to size, alignment and
26 location, and further that such temporary encroachment is more
27 particularly described as follows:
28 An area of encroachment into the
29 City's property formerly known as
30 railroad right-of-way, on the
31 certain plat entitled: "PHYSICAL
32 SURVEY OF 60 ACRES OF LAND AS SHOWN
33 ON PLAT ENTI-@LED 'PLAT OF CAPPS AND
34 WARD PROPERTY NEAR PUNGO,
35 VIRGINIA' MADE BY D. S. CALCOTT,
36 AUG. 20, 1937 AND RECORDED IN MAP
37 BOOK 11, AT PAGE 11 (VA. BCH.) FOR
38 PCK CORPORATION PRINCESS ANNE
39 BOROUGH, VIRGINIA BEACH, VIRGINIA"
40 a copy of which is on file in the
41 Department of Public Works and to
42 which reference is made for a more
43 particular description.
44 PROVIDED, HOWEVER, that the temporary encroachment
45 herein authorized shall terminate upon notice by the City of
46 Virginia Beach to Susan S. Zoby and Leo T. Zoby, Jr., wife and
47 husband, their heirs, assigns and successors in title and that
48 within thirty (30) days after such notice is given, said
49 encroachment shall be removed from the City's property formerly
50 known as railroad right-of-way, as shown on the above-referenced
51 plat, and that Susan S. Zoby and Leo T. Zoby, Jr. , wife and
52 husband, their heirs, assigns and successors in title shall bear
53 all costs and expenses of such removal.
54 AND, PROVIDED FURTHER, that it is expressly understood
55 and agreed that Susan S. Zoby and Leo T. Zoby, Jr. , wife and
56 husband, their heirs, assigns and successors in title shall
57 indemnify and hold harmless the City of Virginia Beach, its
58 agents and employees from and against all claims, damages, losses
59 and expenses including reasonable attorney's fees in case it
60 shall be necessary to file or defend an action arising out of the
61 location or existence of such encroachment.
62 AND, PROVIDED FURTHER, that this ordinance shall not be
63 in effect until such time that Susan S. Zoby and Leo T. Zoby,
64 Jr., wife and husband, execute an agreement with the City of
65 Virginia Beach encompassing the aforementioned provisions.
66 Adopted by the Council of the City of Virginia Beach,
67 Virginia, on the 15 day of May 1 19 89
,qPROVED AS TO CONTENT@
68 JAS/ils (,-,. @tosot
69 3/9/89 SIGNATURE
70 CA-89-3200
71 (encroach\zoby.ord)
DEPARTME@IT
APPROVED AS TO LEGAL
su
2
day of
TTITS AGREEMr.14T, m de this
19 by and between the CITY OF VIRGINTA BEACH, VIRGINIA, a
itiunicipal corporati.on, party of the first part, and SUSAN S.
70BY AND 1,EO T. '-OBY, JR., WIFE AND HUSBAND, THEIR IIEIRS,
ASSIGIIS -AND SUCCESSORS IN TITI,E, parties of the second part.
W I T N E S S E T U:
That, WHEREAS, it i-s proposed by the parties of the
secon(i part to constri-ict and inaintain an asphalt driveway, a
gi:avel road, and four 1001 sections of 4811 wooden fencing to be
installed on property of the City of Virginia Beach; and
WHEREAS, in constructing and mairitaining such asphalt
driveway, gravel road, and wooden fenci.ng, it is necessary that
t.he said parties of the second part encroach into the CLty's
property fornierly known as railroad right-of-way, as shown on
the below referenced plat attached hereto and made a part
hereof; and sai.d parties of the second part I-iave requested that
the party of the first part grant a temporary encroachment to
facilitate such asphalt dri-veway, gravel road, and wooden
fencing, into the City's property formerly known as railroad
right-of-way, as shown on the below referenced plat.
NOW, THEREFORE, for and in consideration of the
p,.@ e,,, iand of the benfits accruing ,r to accrle to the
parties of the second part and for the further consideration of
GPIN #2403-72-3992
one Dol.lar ($1.00), in hand paid, to the said party of thc,,
:Ei-rst part, receipt of which is hereby acknowledged, the party
c.)f ttie first part doth grant to the parti.es of the second part
a. temporary encroachment to use the City's property formerly
known as railroad right-of-way, as shown on the below
refereticed plat, for thc purpose of constructing and
maintaining such asphalt driveway, gravel road, and wooden
fencing.
It is expressly understood and agreed that such
temporary encroachment wil.1 be constructed and maintained in
accordance with the laws of tli(-, Commonwealth of Virginia and
the Ci-ty of Virginia Beach, and in accordance with the City of
Virgini-a Beach Public Works Department's specifi.cati.ons and
approval as to si.ze, aligriment and location and is more
particularly described as follows, to wit:
An area of encrc)achment into the City's
property formerly known as railroad right-
of-way, as showri on that certai.n I)lat
entitled: "PIIYSICAL SURVEY OF 60 ACRES OF
I@AND AS SH014N ON PLAT ENTITLED 'PLAT OF
CAPPS AND WARD PROPERTY NEAR PUNGO,
VIRGINIA' MADE BY D. S. CALCOTT, AUG. 20,
i937 AND RECORDED IN MAP BOOK 11, AT PAGE
11 (VA. BCH.) FOR PCK CORPORATION PRINCESS
ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", a
copy of which is attached hereto and to
wliich reference is made for a more
particiilar description.
It i,s further expressly understood and agreed that
the temporary encroachment lierein authorized shall terminate
upon notice by the City of Virginia Beach to the parties of the
second part, and that witiiin thirty (30) days aft:er such notice
2
i"L@; Qiven, sijcb teinporary encroachment shall. be remcived from the
I
city's property formcrly kriown as railroad right-of-way, as
Illiown on the above-r(@felenced plat, by the parties of the
second part; and that the parti.es of the second part shall bear
l@l-L costs and expc@rises of such removal.
It is furthc,.r expressly understood and agreed that
he parties of ttie second part shall indemnify and hold
@armless tlie City of Virginia Beach, its agents and employees,
yainst all claims, damages, losses and expenses
lincludi-ng reasonable attorney's fees in case it shall be
hecessary to file or defend an action arising otit of the
i
@ocatiori or cxistence of such temporary encroachmcnt.
It is further expressly understood and agreed tliat
inothi-ng herein contained shall be constriled to enlarge such
ii
@ermission and authority to permit the inaintenance or
i
construction of any encroa.chment other than that specified
iherei.n azid to the l.imited extent speci-fied herein, nor to
lpermit the maintenance and construction of any encroachment by
l@nyone other tlian the parties of the second part.
It is further expressly understood and agreed that
the party of the first part, upon revocation of such authority
I&nd permission so grarited, may remove any stich encroacl-unent and
@@6harge the cost thereof to the parti-es of the second part, and
i
l@ollect the cost iii any manner provided by law for the
@ol.lection of local or state taxes; may require the parties of
@i
if.he second part to remove such temporary encroachment; and
3
City property encroached upon ttie equivalent of what would be
ti7je real property tax upon the land so occupied if it were
owned by the parties of the second part; and if such removal
shall not be made witliin the time ordered hereinabove by this
Agreemerit, the City shall impose a penalty in the sum of one
lhundred Dollars ($100.00) per day for each and every day that
such encroachment is allowed to continue thereafter, and shall
icollect such compensation and penalties in any manner provided
I
lby law for the collection of local or state taxes.
IN WITNESS WHEREOF, Susan S. Zoby and Leo T. Zoby,
Jr., wife and husband, tlie said parties of the second part have
causc.,d thi.s Agreem(,nt to be executed by their signatures and
!seals duly affixed. Further, that the City of Virginia Beach
ihas caused this Agreement to be executed in its riame and an its
by its City Manager and. its seal be hereunto affixed and
attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
(SEAL) City Manager
ATTEST:
ii City Clerk
Susan S. Zoby
I.,@T. Zoby, Jr'(I/
4
STATE OF VIRGINIA
I-ITY OF VTRGINIA BEACH, to--wit,
a Notary
iPublic in and for the City and State aforesaid, do hereby
icertify that AUBREY V. WATTS, JR., City Manager for the CITY
OF VIRGINIA BEACH, whose name is signed to the foregoing
Agreement bearing date on the day of 19
has acknowledged the same before me in my City and State
laforesaid.
GIVPN tinder my hand this day of
119
Notary Public
iMy Commissi.on Expires:
ISTATE OF VIRGINIA
@ICITY OF VIRGINIA BEACH, to-wit:
a Notary
iPublic in and for the City and State afotesaid, do hereby
certify that RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH, whose name is signed to tlie foregoing Agreement
bearing date on the day of 19 has
@acknowledged the same before me in iny City and State aforesaid.
GIVEN uiider iny hand this day of
19
my commission Expires: Notary Public
5
STATE OF VIRGTNTA
ICITY OF %7 to-wit:
a Notary
lPiiblic in and for the City and State aforesaid, do hereby
certify that Susan S. Zoby, whose name is signed to the
foregoing writing, bearing date the day of
3-9 lias acknowledged the same
before me in my City and State aforesaid.
Giv(-,n under my hand this day of
Notary Puzilc
iMy Commission Expires:
STATE OF VIRGINIA
C to-wit-
@ \@ @- 1\@@\& Notary
Public in and for tlie State aforesaid, do hereby
certify that Leo T. Zoby, Jr., whose name is signed to the
foregoing writing, bearing date the day of
l@ has acknowledged the same
iib,-,-E.r, me in 5ftid.
Given under my hand this
Notary Ptibli
My Commission Expires:
6
JAS/i I-S
@Date, 3/9/89
!CA-3200
(E,,ncroach\zoby.agr)
APPROVLO AS TO C(i
SIGNATU'@IIE
7
JECT SITE
LOCATION MAP
- 35 -
Item IV-J.9
CONSENT AGENDA ITEM # 31250
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council APPROVED:
COST PARTICIPATION AGREEMENT
PINE MEADOWS PHASE 2, PART 1 $32,688.00
Water (CIP 5-306)
$99,217.00
Sewer (CIP 6-982)
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Vioss, @layor @leyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
Ma 15 1989
7T
A
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE COST
PARTICIPATION AGREEMENTS
WHEREAS, Baymark Construction Corp. is desirous of
developing land located in the Princess Anne Borough in
accordance with the terms and conditions of the city ordinances,
and
WHEREAS, the city desires to enter into cost
participation agreements requesting the developer to engage in
construction greater in scope than is necessary for the project
in order to provide water and sewer services to customers outside
the project limits, and
WHEREAS, the city's share of costs is estimated at
$32,688 for water improvements, and $99,217 for sewer
improvements with such costs to be charged to project #5-306
Water Request and Agreement Projects and #6-982 Dwyer Road Sewer
Project, respectively, and
WHEREAS, such construction at this time will provide
for future needs and prevent the city from having to incur
additional operating and maintenance costs at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby authorized
and directed to execute cost participation agreements with
Baymark Construction Corp. for construction of water and sewer
facilities. Said proposed agreements are hereby attached and
approved.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the - 15 day of May 1 1989.
- 36 -
Item IV-J.10
CONSENT AGENDA ITEM # 31251
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council APPROVED:
LOW BIDS:
ASPHALT ROADS AND MATERIALS COMPANY, TNC. $ 117,759.18
(Princess Anne Road/Holland Road
Intersection Improvements, CIP 2-816)
CROWDER CONTRACTING COMPANY $ 241,700.00
(Kempsville Pump Station
Modifications, CIP 5-977)
EAST COAST PIPE, Ltd. $ 544,472.22
(Alanton Phase T, 51%, WATER, CIP 5-025)
ENGLISH CONSTRUCTION, INC. $4,373,192.70
(Northampton Boulevard Phase I Widening
CIP 2-925)
REA CONSTRUCTION COMPANY $ 880,903.00
(1988-89 Bituminous Concrete Maintenance
Schedule - Contract IV)
T. A. LOVING CONIPANY $9,464,049.36
(Pungo Ferry Bridge, CIP 2-962)
AND, ADOPTED-.
Ordinance to TRANSFER $1,045,000 to Project 2-962
Pungo Ferry Bridge, to cover construction
management services costs and to award the
construction contract.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
Ma 15, 1989
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
2 OF $1,045,000 TO PROJECT 2-962 PUNGO FERRY BRIDGE
3 TO COVER CONSTRUCTION MANAGEMENT SERVICES COSTS
4 AND TO AWARD THE CONSTRUCTION CONTRACT
5 WHEREAS, the Capital Improvement Program includes project 2-961 Pungo
6 Ferry Bridge for the replacement of the existing swing span with a fixed span high
7 rise bridge over the Intercoastal Waterway along a new roadway aligriment;
8 WHEREAS, the city has recently received bids for construction of the
9 project with the low bid being $9,464,049.36 from T. A. Loving Company;
10 WHEREAS, due to the specialized nature of construction associated with
11 this high rise bridge, the city does not have resources to provide construction
12 management services;
13 WHEREAS, the Department of Public Works has negotiated a fee with the
14 design consultant to provide management services resulting in a need to transfer
15 $1,045,000 into the project account;
16 WHEREAS, the additional amount needed may be transferred from existing
17 capital projects with the funds to be replaced as required.
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
19 BEACH, VIRGINIA:
20 That funds in the amount of $1,045,000 are hereby transferred as shown
21 below to provide for construction management services for the Pungo Ferry Bridge
22 project:
23 Transfer from:
24 Project 2-091 Independence Boulevard Phase IIA-2 $ 400,000
25 Project 2-925 Northampton Boulevard Phase I 645,000
26 Transfer to,
27 Project 2-962 Fungo Ferry Road Bridge $ 1 045 000
28 BE IT FURTHER ORDAINED:
29 That the construction contract in the amount of $9,464,049.36 is hereby
30 awarded to T. A. Loving Company.
31 This ordinance shall be in effect from the date of its adoption.
32 Adopted by the Council of the City of Virginia Beach, Virginia on the
33 15 day of ilic, y 1989,
- 37 -
Item IV-J.11
CONSENT AGENDA ITEIM # 31252
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council APPROVED:
RAFFLE PERMITS
PHILTPPINE NURSES ASSOCIATION Raffle
VIRGINIA BEACH JUNIOR WOMEN'S CLUB Raffle
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
May 15, 1989
- 38 -
Item IV-J.12
CONSENT AGENDA ITEM # 31253
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council APPROVED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
GRAND LIMOUSINES, INC.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor @leyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
- 39 -
Ttem IV-J.13
CONSENT AGENDA ITF24 # 31254
Upon motion by Councilman Sessor@is, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $6,889.90 upon application of certain persons
and upon certification of the Commissioner of the
Revenue
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
May 15, 1989
FORM .0 C.A, 8 AE@,
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
B. J. Saul Y]Drtgaqe CO. 1988 Audit 507.95 507.95
6200 Chevy Chase Drive
Laurel, MD 20707
BenjLnea, Jose F. & Ponder, Joseph
T/A owls Creek Pro Shop 1985/88 Audit 29.04 29.04
452 Lake Havasu I)rlve
Virginia Beach, VA 23454
Bey, Eric H. & Christina 0. 1987/88 Audit 16.63 16.63
T/A Hope Yjountain Pet & Feed Store
501 Kings Grove Drive
Virginia Beach, VA 23452
Certified as to Payment:
I
@obert P. Vaughan
Commissioner of the Revenue
Approved as to iorm:
D le
City At
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 553.62 were approved by the Council
of the City of Virginia Beach on the@5 day of May '19 89
Ruth Hodges Smith
City Clerk
IORM NO, C... . REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Bolin, Larry D. 1987/88 Audit 139.74 139.74
T/A Video City
3234 Tidewater Drive
Norfolk, vA 23509
Club Land 'Or (Nassau) Ltd.
P.O. Box 100 1987/88 Audit 5743.78 5743.78
Ladymith, VA 22501
oc)ndit, Cynthia L. 1986/88 Audit 6.16 6.16
T/A @stermind Productions
1016 Manchester Avenue
Norfolk, VA 23508
Certified as to Payment:
Fobert P. Vaughan
Commissioner ot the Revenue
Approved as to form:
J: Dal@imson,
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 5,889.68 were approved by the Council
15 May 89
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FO.. NO, C.., 8 E@@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
D. J. & J. InC- 1987/88 Audit 169.69 169.69
T/A Sold Gold
3741 Northlanding @ad
Virginia Beach, \rA 23456
Eastern Comercial Service Inc.
813 Professional Place W #110 276.91
Chesapeake, VA 23320 1988 Audit 276.91
Certified as to Payment:
rt P. Vaughan
Commissioner of the Revenue
Approved as to form:
J. I
Cit@
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling -60 were approved by the Council
15 May 89
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
- 40 -
Item IV-K.I.
APPOINTMENTS ITEM # 31255
Upon NOMINATION by Vice Mayor Fentress, City Council REAPPPOINTED:
ARTS AND HUMANITIES COWISSION
Kelsey E. Brown
Robert W. Carter
Andrew S. Fine
Warren E. Sachs
Susan F. Sadler
(2-year terms from 7-1-89 to 6/30/91)
Voting: 9-0
Council I'llembers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
- 41 -
Item IV-K.2.
APPOINTMENTS ITEM # 31256
Upon NOMINATION by Councilwoman Parker, City Council APPOINTED:
CULTURAL ALLIANCE OF GREATER HAMPTON ROADS
The Honorable Meyera E. Oberndorf
Mayor
City of Virginia Beach
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Ifeischober, Barbara M. Henley, John
D. Moss, Viayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
- 42 -
Item IV-L.I.
UNFINISHED BUSINESS ITEM # 31257
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ACCEPTED with regret:
Resignation
City Attorney J. Dale Bimson
(effective 6/30/89)
Voting: 8-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Harold Heischober
Council Members Absent:
Reba S. McClanan and John L. Perry
Mr. Bimson was selected and appointed by the 1989 General Assembly to serve as
a Judge of the Virginia Beach General District Court, effective 1 July, 1989.
May 15, 1989
J. DALE BIMSON MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BEACH, VI GINIA 23456-9002
(804) 427-4531
I,, Reply Refer To our File No. ADM-90
May 1, 1989
The Honorable Meyera E. oberndorf, Mayor,
and Members of city Council
Municipal Center
Virginia Beach, Virginia 23456
Dear Madam Mayor & Members of city Council:
Re: Resignation
I hereby tender my resignation as City Attorney of the City
of Virginia Beach effective June 30, 1989.
I have enjoyed my career as chief legal advisor to the City
Council and the many departments and agencies of the City. How-
ever, having been offered the position of Judge of the General
District Court by the General Assembly of Virginia is an
opportunity that I cannot decline and a challenge to which I look
forward.
i appreciate all the courtesies extended to me by the
Council and the staff of the City of Virginia Beach and trust I
have responded in kind.
very_truly ywrs,
son
ey
JDB/cb
cc: Aubrey V. Watts, Jr., city Manager
4
Item IV-L.2.
UNFINISHED BUSINESS ITEM # 31258
KEMPSVILLE GREEENS
ADD-ON
On January 16, 1984, the City Council ADOPTED Ordinances upon application of R.
G. MOORE for Changes of Zoning which included the Kempsville Greens Golf Course
zoned as PD-H2 Planned Unit Development District. The original land use plan
entailed town houses being built along with the golf course and interdispersed
with ten four-story mid-rise condominiums on four seperate parcels of land. On
May 29, 1987, the Dragas Companies requested a MODIFICATION to the land use
plan of the undeveloped condominium properties at Kempsville Greens, Parcels C,
D, E and F. Said request was administratively APPROVED on June 8, 1987.
Thomas Hansen, Vice President of The Dragas Companies, 4536 Bonney Road, Phone:
490-0161, read his letter dated May 15, 1989, into the record. (Said letter is
hereby made a part of the proceedings.) Thomas Hansen advised the Dragas
Companies did not offer a possible willingness to depart from the original
stance. In said letter, various recommendations were addressed.
The following speakers spoke in OPPOSIT10N to the adminstrative approval of the
Land Use Modification GRANTED the DRAGAS COMPANIES.
William A. Rockwell, 4758 Kemspville Greens Parkway, Phone: 467-3877
Harold Addington, 4721 Kempsville Greens Parkway, Phone: 474-2652
Herbert E. Wittersheim, 4752 Kempsville Greens Parkway, Phone: 495-9515
Harold B. Booterbaugh, 4847 Kempsville Greens Parkway, Phone: 428-2000,
President of the Kemspville Greens Civic League (Copy of Pete Booterbaugh's
letter is hereby Made a part of the record).
George Delano, 521 Buffer Drive, Phone: 497-6126, represented the Larkspur
Civic Lea@.ue.
Plat of Kempsville Greens Condominium Landscaping Plan is hereby made a part of
the record.
Councilman Moss suggested the City Council authorize the City Manager to
prepare Ordinances to appropriate approximately $1,040,000 to acquire those
lots (KEMPSVILLE GREENS) which would afford the most protection to the golf
course.
Upon AMENDED motion by Councilman Moss, seconded by Councilwoman Henley, City
Council requested the City Attorney to prepare the appropriate condemnation
ordinance for those selected parcels determined by the Parks and Recreation
Department with input from the public which would afford the integrity to the
golf course, realizing this does not represent a commitment at this time to
actually appropriate any funds.
May 15, 1989
- 44 -
Item IV-L.2.
UNFINISHED BUSINESS ITEM # 31258 (Continued)
KEMPSVILLE GREEENS
ADD-ON
Voting: 7-1
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, John D. Moss,
Mayor Pleyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
John A. Bauin
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
Reba S. McClanan and John L. Perry
Councilwoman Parker ABSTAINED as she does business with DRACAS COMPANIES.
m
- 45 -
Item IV-M.I.
NEW BUSINESS ITFII # 31259
Michael D. Sifen, 3765 Jefferson Boulevard, Phone: 468-1122
Jay Berger, 1549 Bradford Road, Phone: 460-1250, reprsented his mother and
stepfather, Mr. and Mrs. Kurt lq. Hangar. Prior to the City Council Meeting Mr.
Berger advised Councilman Heischober and the applicant, Michael D. Sifen, his
parents are now assured the Drainage shall not cross Lot 5A to Bradford Road
and have no opposition to the application of Michael D. Sifen (APPROVED
April 10, 1989).
BY CONSENSUS, City Council took NO ACTION:
REQUEST FOR RECONSIDERATION: Application of Michael
D. Sifen, Inc., for a Conditional Use Permit for
mini-storage on the South side of Shell Road, 192
feet West of Bradford Road (4929 Shell Road),
containing 2.7 acres (Approved April 10, 1989)
(BAYSIDE BOROUGH).
- 46 -
Item IV-M.2.
NEW BUSINESS ITFI/I # 31260
Mayor Oberndorf RECOGNIZED Scout Troop 498, Boy Scounts of America sponsored by
Holland Elementary School. Fred Peterson is the Scoutmaster.
- 47 -
Item 1V-M.3
NEW BUSINESS ITEM # 31261
Robert K. Dean, Chairman of CLEAN THE BAY DAY in conjunction with Kathy O'Hara,
Center for Marine Conservation and Sheryl Burnett, Environmental Engineer for
Naval Base Norfolk, representing Adriiral Pappas.
Volunteers will join forces on Saturday, June 10, 1989, from 9:00 a.m. until
Noon to clean the Hampton Roads Shoreline.
The areas targeted for clean-up extend from the North Carolina line and include
False Cape, the Back Bay Wildlife Refuge from Sandbridge to Willoughby Spit,
Broad Bay, Linkhorn Bay, Fort Monroe Beaches and the Grandview section of
Buckroe Beach. Data will be gathered from the debris collected to determine its
source of origin. Plastic debris in particular has been showing up in the
Chesapeake Bay at an increasing alarming rate. This non-biodegradeable
substance threatens the very life of many of our riarine animals and waterfowl.
Mayor Oberndorf advised of a written communication from the Special Olympics
wishing to ADOPT the first mile of Beach for at least four times a year clean-
up. Another group would take the second mile of beach.
May 15, 1989
- 48 -
Item IV-N.l.
AD,JOURNMENT ITF14 # 31262
Upon motion by Councilwoman Henley and BY ACCLAMATION, City Council ADJOURNED
the Meeting at 6:25 P.@l.
Chief Deputy City Clerk
.th Hdge. Sith, CMC
City Clerk
City of Virginia Beach
Virginia