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MAY 13, 2003 MINUTES (2)
CITY COUNCIL MA YOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4 HARRY E DIEZ, EL, Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervdle -Dtstrtct 1 REBA S McCLANAN, Rose Hall -Dtstmct 3 RICHARD A MADDOX, Beach -Dtstrtct 6 JIM REEVE, Princess Anne -Dtstrtct 7 PETER W SCHMIDT, At-Large RON A V1LLANUEVA, At-Large ROSEMARY WILSON, At-Large dAMES L WOOD, Lynnhaven -Dtstr~ct 5 JAMES K SPORE, Ctty Manager LESLIE L L1LLEY, Ctty Attorney RUTH HODGES SMITH, MMC, Ctty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 13 May 2003 CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn I. CITY MANAGER'S BRIEFINGS -Conference Room - 3:00 PM o . o Update on Legislative Weekend Nancy Perry - Director, Vlrg~ma Beach Hotel/Motel Assomation C~ty Councd "Perfect Match" V~gnettes Donald Maxwell - D~rector, Economic Development Pubhc/Pnvate Educational Famht~es and Infrastructure Act of 2002 Leshe L. Lilley - C~ty Attorney II. REVIEW OF AGENDA ITEMS Ill. CITY COUNCIL COMMENTS IV. INFORMAL SESSION -Conference Room - 5:00 PM to Bo CALL TO ORDER- Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION D. CERTIFICATION OF CLOSED SESSION V. CITY COUNCIL INFORMAL DISCUSSION VI. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Dr. Coleman Taylor Rector Galhder Episcopal Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS May 6, 2003 2. SPECIAL FORMAL SESSION May 1, 2003 3. SPECIAL FORMAL SESSION April 24, 2003 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. Sale of EXCESS property at Princess Anne Road and Flanangans Lane I. CONSENT AGENDA J. RESOLUTIONS / ORDINANCES , Resolution of the C~ty Council of the City of V~rg~ma Beach concumng with and AUTHORIZING the issuance of hospital revenue notes for Sentara Health Care Resolution AUTHORIZING a cooperative agreement between the City of Virginia Beach and Commonwealth's Attorney for the prosecution of misdemeanor offenses . Resolution re AUTHORIZING the Transportation Equity Act for the 21st Century (TEA- 2I), and provide appropriate funding. 4. Ordinances re FY 2003-04 Operating Budget: a. ESTABLISH the tax levy on Real Estate re FY 2004 bo ESTABLISH the tax levy on personal property and machinery and tools re calendar year 2004 Co AMEND the City Code §35-254 re telecommunications tax by sImpllf3qng the tax structure for commercial customers and increasing the E-911 tax. do AMEND the City Code {}31-35 re yard waste containers by establishing a Twenty Five Dollar ($25) fee. eo AMEND the City Code {}21-364 re parking and increasing and fine for fire lane parking violations. AMEND the subdivision regulations {}8.1 re fees for prehminary subdivision plat review g. AMEND the City Code {}3.2 re fee for site plan review h. AMEND the City Zoning Ordinance {} 107 re the fee to amend supplement or change the regulations, district boundaries or classifications of property and to ESTABLISH fee for the reconsideration of proffered conditions. AMEND the City Zoning Ordinance {}221 re fee for conditional use permit apphcat~ons re a fee for the reconsideration of conditions j. AMEND the City Zoning Ordinance {}8-3 re fee for subdivision variance applications k. AMEND the City Code {}6-138 re fee to construct, alter or repair landings, docks and similar structures AMEND the City Code {} 8-31 re fees for building permits, reinspections and certificates of occupancy mo AMEND the City Code {}8-34 re fees for electrical permits and special condition electrical permits n. AMEND the City Code {}8-32 re fees for plumbing permits o. AMEND the City Code {}8-33 re fees for mechanical, life safety and gas permits p REVISE the revenue sources re the major projects special revenue fund q° AMEND the City Code {} 1-12.3 re adding a section providing for the assessment of court costs to support the local Criminal Justice Academy r. AMEND the City Code {}2-10 Ire language of the work week s. AMEND the City Code {} 2-104 and 2-109 of re changes In pay for city employees AMEND the City Code {}35-64 and {}35-67 re the exemption or deferral of real estate taxes for elderly or disabled person by increasing income and new worth hmlts U° APPROPRIATE re FY 2003-04 $1,311,825,979 to operations and $468,070,150 to int~.rfund trnn.~fo.r~ and rem]latin~ nayment frnm the City TreqsllrV ii · · V. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 5. Ordinance re FY 2003-04 Capital Budget: ao AUTHORIZE the Issuance of General Obligation Bonds in the maximum amount of $61,900,000 for various public facilities and general improvements b. AUTHORIZE the Issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $580,000 c ADOPT the FY 2004-09 Capital Budget (CIP) . APPROPRIATE $1,525,983 RE Sheriff'S FY 2002-03 operating budget to support functions of the for one-time purchase of equipment and to supplement their retirement account. . Or&nance to APPROPRIATE $50,000 in federal funds to the FY 2002-03 operating budget of the Department of Mental Health, Mental Retardation, and Substance Abuse (MHMRSA) services to provide increased services to children with disabilities. K. PLANNING o Ordinance to further EXTEND the date for satisfying conditions for the discontinuance closure and abandonment of a portion of Morris Avenue and Katie Brown Drive in behalf UNITED JEWISH FEDERATION OF TIDEWATER (approved November 27, 2001) Staff Recommendation: APPROVAL . Apphcatlon of MICHAEL D. SIFEN, INC. re Change ofZomng Dtstrtct Classtficatton from R-SD Residential Duplex District to Conditional I-1 Light Industrial District to construct a mini warehouse use on the west side of Centerville Turnpike north of Kempsville Road, contaimng 6.724 acres. (DISTRICT 1 - CENTERVILLE) Deferred: Recommendation: March 25, April 22, 2003 APPROVAL Application of Royal Court, Inc. re Change of Zoning District Classfficatlon from AG-I, AG-2 and R-20 to R-SD Res~denUal Duplex D~stnct w~th a PD-H2 Planned Umt Development District overlay on the north side of Pnncess Anne Road and Crossroads Trail, containing 9.963 acres. (DISTRICT 7 - PRINCESS ANNE) Deferred' Planning Recommendation: March 25 and April 22, 2003 APPROVAL , Application of TUEE' KNOW HIM FULL GOSPEL MINISTRIES re Conditional Use Permit for a church at Newtown and Baker Roads (544 Newtown Road, Suite 146). (DISTRICT 2- KEMPSVILLE) Planning Recommendation: APPROVAL o Application of Kemp Fussell, L.L.C. re Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-SD Residential Duplex District on the west side of Holland Road and south of Monet Drive, containing 10.4 acres. (DISTRICT 7- PRINCESS ANNE) Planning Recommendation: APPROVAL . Application of Wendell C. Franklin of CA Associates re temporary_ encroachments into a portion of the right-of-way of First Colonial Road and Wildwood Drive to construct and maintain a decorative aluminum fence adjacent to Colomal Arms Circle. (DISTRICT 5 - LYNNHAVEN) Planning Recommendation: APPROVAL 7. Ordinances re City of Vlrglma Beach: Old Pnncess Anne Road and Flanagan's Lane: (DISTRICT 7 - PRINCESS ANNE) 1. discontinuance, closure, abandonment . AUTHORIZE the City Manager to sell EXCESS property and dispose of same by executing a Deed of Exchange. Planning Recommendation: APPROVAL b. AMEND the City Code: {}901 re City of Virginia Beach / Colleges, Universities and Business Schools to include public or private colleges and universities as conditional uses . {} 901 re Colleges In Business Districts to include public or private colleges and universities as permitted uses in the B-2, B-3, B-3A, and B-4 Business Districts. 3. {}801 re to make business and vocational schools and conditional uses in the B-IA · B-2, B-3, B-3A, and B-4 Business Districts and make public or private schools. colleges and universities conditional uses in the 0-2 Office District. L. APPOINTMENTS EASTERN VIRGINIA MEDICAL SCHOOL FRANCIS LAND HOUSE BOARD OF GOVERNORS OPEN SPACE COMMITTEE PARK AND RECREATION COMMISSION YOUTH SERVICES COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT City Council, in trying to be more responsive to the needs of citizens who attend the meetings, has adopted the following time limits for future Formal Sessions Applicant or Applicant's Representative 10 Minute Attorney or Representative for Opposition 10 Minutes Other Speakers - each 3 Minutes Applicant's Rebuttal 3 Minutes THESE TIMES WILL BE STRICTLY ADHERED TO. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 05/13/03 bib www vbgov com OUR #~'~tO~ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 13 May 2003 Mayor Meyera E Oberndorf called to order the CITYMANAGER'S WORKSHOP for an update on the LEGISLATIVE WEEKEND tn the Ctty Counctl Conference Room, Ctty Hall Bmldtng, on Tuesday, May 13, 2003, at 3 O0 PM Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R done& Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Rosemary Wtlson and dames L Wood Counctl Members Absent Ron A Vtllanueva [ENTERED 3 15 P MI -2- C I T Y M,4 N A G E R 'S WORKSHOP UPDATE ON LEGISLATIVE WEEKEND 3:05 P.M. ITEM # 51150 Nancy Perry, Executtve Dtrector- Vtrgtnta Beach Hotel/Motel Assoctatton, advtsed the Sprtng Legtslattve Weekend (May 30, 31, and June 1, 2003) tn Vtrgtnta Beach ts qutckly approachtng Thts ts our btg opportumty to show our Senators and Delegates what a wonderful place Vtrgtnta Beach ts, and to educate them on the plans that are tn place for our new conventton center The last ttme the Vtrgtnta Beach Hotel Motel Assoctatton held a Legtslattve Weekend was tn 1998 Ms Perry dtstrtbuted a narrattve tttnerary of events The Vtrgtn ta Beach Hotel-Motel Assoctatton ts hoptng the Ctty Council would be able to attend many of the events, but espectally the Frtday ntght Welcome Receptton at the Vtrgtnta Martne Sctence Museum and the Saturday ntght receptton and dtnner at the Ramada Plaza Resort on 57h Street All State Senators and Delegates have been tnvtted Thtrty-five (35) have responded and wtll brtng thetr famthes for an approxtmate total of one hundred fifty (150) In 1998, approxtmately forty-five (45) Legtslators attended The Vtrgtnta Beach Hotel-Motel Assoctatton ts anttctpattng tncreased response wtthtn the next two weeks The City of Vtrgtnta Beach ts a partner tn thts event and the hotels at the Beach are provtdtng the rooms Friday, May 30, 2003 Check In to hotels any time after 12:00 NOON The VBHMA ts attempttng to accommodate more than one rom for each Legtslator the need extsts Upon arrtval the Legislators will recetve a welcome packet, goo&es and comphmentary ttckets Afternoon Cruise from Marina Shores to the Oceanfront, into Rudee Inlet and them to the Virginia Marine Science Museum for the evening Reception The yachts wtll leave the Bay at 4 30p m the boat trtp wtll take approxtmately 1-~ hours The number of spaces on the yacht ts hmtted and on a first come, first reserved basts Welcome Reception and Private Exhibit Tour at Virginia Marine Science Museum, 7:00 P.M "Elvis" and Beach Street Entertainment at the Oceanfront Entertatnment usually lasts unttl 10 O0 or 11 O0 PM on weekend ntghts May 13, 2003 -3- C I T Y M A NAG E R 'S WORKSHOP UPDATE ON LEGISLATIVE WEEKEND ITEM # 51150 (Continued) Saturday, May 31, 2003 Oceana Naval Air Station, 9:00 A.M. Prtvate tour of NAS Oceana Hotel ptckup available between 8 15 and 8 45 A M Golf Outing at West Neck Signature Course, 12:10 P.M. tee-ttme Space avatlabthty ts hmtted to 40 for thts event Lunch wtll be provtded Dolphin Watch Trip, 12:30 - 2:00 P.M. Thts wtll be a chtM frtendly event, leavmgfrom the Martne Sctence Museum at 1230 P M Offshore Bottom Fishing Trip, 8:00 A.M. - 1:00 P.M. Space avatlabthty on thts trtp ts hmtted to etght (8) Art Tour, 3:00 P.M. A shuttle van wtll transport from the hotel to the Contemporary Art Center of Vtrgtnta, located near the Oceanfront showtng an exhtbtt on "The Art of Surfing" Then, the Art Tour Van wtll go to the Kane Marte Fine Arts Gallery for a vtewtng of thetr newest exhtbtt, "Ltqutd Form" Reception, 6:30 P.M., Dinner, 7:30 P.M. Ramada Plaza Resort at 57th Street, htghhghttng the mteracttve model of the new Vtrgmta Beach Beach Conventton Center Remarks will be made by Mayor Oberndorf and Ctty Manager Spore Waterman's Magic Attic, prtvateperformance by Patrtck Slaughter at 10 00 P M The Atttc ts located at 5th and Atlanttc Avenue and has valet parkmg Sunday, June 1, 2003 Brunch by the Ocean, l l :OO A.M. - 1:00 P.M. Thts wtll be the send-off event, held at the Hohday Inn Sunspree (3ffh and Atlanttc Avenue) Thts event ts catered by the Vtrgtnta Beach Restaurant Assoctatton Check Out on Sunday will be anytime before 3:00 P.M. Thts ts a totally beach casual weekend No one ts allowed to wear a tte. Ms Perry referenced other partners West Neck has provtded everythtng gratts relattve the golf outtng at thetr Stgnature Course Gordon, Parker and O'Brten are sponsortng the luncheon at the Course Cash donattons have been recetved from Sysco and TowneBank Warehouse Creek Yacht ts conductmg the crutse wtthout charge The Marme Sctence Museum ts provtdtng the fishtng trtp and dolphtn tour Counctlman Maddox has offered to take a group on hts prtvate satlboat The Atrport Shuttle Servtce ts the transportatton ~ponsor May 13, 2003 -4- C I T Y M.4 N A G E R 'S WORKSHOP CITY COUNCIL "PERFECT MA TCH" VIGNETTES 3:15 P.M. ITEM # 51151 Donald Maxwell &splayed the mnety second (90) promo of the Mayor and stxty second (60) vtdeo promos of the Ctty Counctl These excellent vtgnettes wtll be utthzed for promotton and markettng acttvtttes, and wtll be shown on Vtrgtnta Beach Televtston (VBTV) The vtgnettes wtll also be on the webstte www vbperfectmatch corn CD rohms will be distributed tn the promotion packages to new extsttng firms and to attract new bustnesses Mr Maxwell expressed apprectatton to Robert Menter, Stan Wadowskt, Rodney Elhott- Vtdeo Servtces, , as well as Joel Rubtn and Karla Marttn of Rubtn Cawley and Associates, Chuck Applebach - Media and Communtcattons, and Robert Ruhl -Economtc Development May 13, 2003 -5- C I T Y M A NAG E R 'S WORKSHOP PUBLIC/PRIVA TE ED UCA TIONAL FA CILITIES AND INFRASTRUCTURE A CT OF 2002 3:35 P.M. ITEM # 51152 The Cay Attorney advtsed the Public-Private Educational FactTities and Infrastructure Act of 2002 (PPEA) became effecttve July 1, 2002 The Ctty Attorney forwarded City Counctl correspondence outhnmg the Act as the first tntroductton to thts new and mteresttng tool created by the General Assembly to asstst in butldtng a pubhc tnfrastructure and educattonalfacthttes Patrtcta Phtlhps, Dtrector of Finance, and Btll Davts, Procurement Agent, comptled the power potnt presentatton Local governments throughout the state are tnterested tn thts Act are not sure of the ways tn which tt wtll assist or should be avotded Mrs Phtlhps advtsed bastcally this Act encompasses Pubhc-Prtvate Partnershtps These may brtng potenttal effictenctes, creattvtty and lower costs available to the prtvate sector together wtth posstbIe tax exempt financtng methods The Act ts not a panacea, but a potenttal alternattve Each project must be evaluated on tts own mertt Qualifying Projects Pubhc educattonal facthty Butl&ng or facdtty for prtnctpal use by any pubhc enttty Improvements and equtpment necessary to enhance pubhc safety and security of pubhc bml&ngs Uttltty and commumcattons tnfrastructure Recreattonal facthty Technology and commumty projects Financing Projects Under PPEA Basic Alternatives 1 The Vtrgtnta Beach Development Authortty (VBDA) can tssue revenue bonds, Ctty leases from VBDA or 2 Developer obtamsfinanctng, Ctty leases from Developer In Either Case Debt can be tax exempt Debt wtll be Ctty debt (not charter debO Wtll not be ctty debt only tf property ts not leased for enttre term and developer retatns title The Public-Private Educational Facilities and Infrastructure Act of 2002 (PPEA) wtll not avotd debt and save constructton costs tn and of ttself PPEA may not be suited where quahty and experience are crtttcal PPEA ts approprtate when tt can show more speed, less cost, or other benefits, tntermtx of pubhc and prtvate uses where only one developer ts practtcal, untqueness of potenttal property and revenue source May 13, 2003 -6- C I T Y M A N A G E R 'S WORKSHOP PUBLIC/PRIVA TE ED UCA TIONAL FA CILITIES AND INFRASTRUCTURE/t CT OF 2002 ITEM # 51152 (Continued) Procurement Issues Alternattve to the Vtrgtnta Pubhc Procurement Act Compettttve prtnctples Proposals may be Sohctted Unsohctted (Ctty Counctl must first adopt procedures) Solicited Bids/Proposals Procedures for evaluatton and revtew must be spectfied tn sohcttatton Unsolicited Proposals May tnvolve a two-step process 1 tntttal conceptual submtsston 2 detaded submtsston If Ctty dectdes to constder, pubhc nottce must be gtven (at least 45 days) compettng unsohctted proposals received Proposal must be responstve to gutdehnes that contatn tnformatton on the prtvate enttty's qualtficattons, expertence, project charactertsttcs, financtng, anttctpated pubhc reactton, project benefit and compattbthty May charge a revtew fee, based on anttctpated costs Proposed fee 2 1/2% of proJect costs ($2, 500 mtntmum, $50,000 maxtmum) After revtew of an unsohctted proposal and any compettng proposals the Ctty may a Not proceed any further wtth any proposal b Proceed to detatled revtew wtth ortgtnal unsohcttedproposal c Proceed to detatled revtew wtth a compettng unsohcttedproposal d Proceed to detatled revtew wtth multtple unsohcttedproposals Ctty has rtght to reject any proposals at any trine for any reason May 13, 2003 -7- C I T Y M A NAG E R 'S WORKSHOP PUBLIC/PRIVA TE ED UCA TIONAL FA CILITIES AND INFRASTRUCTURE A CT OF 2002 ITEM # 51152 (Continued) Proposal Evaluation and Selection Criteria General Rule A facthty must meet the pubhc purposes of the PPEA The Ctty may use any or all of the followtng crtterta tn the evaluatton a Quahficattons andExpertence b ProJect Charactertsttcs c ProJect Ftnanctng d ProJect Benefit and CompattbtItty A Comprehensive Agreement must be adopted by City Councilprior to beginning any of these projects. Possible Advantages to the Public Entity Opportumtyfor prtvate enttty to suggest new, creattve and alternattve development/operatton/matntenance/financtng Optton of both sohctted and unsoltctted proposals - an addtttonal procurement tool Procurement by compettttve negottatton/destgn-budd rather than compettttve sealed btddtng Possible Disadvantages to the Public Entity Loss of control over design, constructton, operatton and maintenance, quahty Detaded "comprehenstve agreement" Prtvate financtng hkely to be more expenstve than tax exempt financtng Extstmg rules regar&ng pubhc financtng and tax exempt financtng conttnue Possible Advantages for Private Entity Abtltty to present unsohctted proposal for a project Posstbtltty of worktng wtth pubhc enttty as a partner Procurement by compettttve negottatton/destgn butld rather than compettttve sealed btddtng Posstbthty of dtmmtshed competttton Possible tax-exempt financtng Possible Disadvantages to the Public Entity Constder tnvestment of time, effort and $$ to submit and have proposal approved More &verse staffing requtred for proposal Admtntstrattve cost of assembhng the rtght team Partner (City) has ulttmate say on terms and conchttons of comprehenstve agreement May 13, 2003 -8- C I T Y MA N A G E R 'S WORKSHOP PUBLIC/PRIVA TE ED UCA TIONAL FA CILITIES AND INFRASTRUCTURE A CT OF 2002 ITEM # 51152 (Continued) Alternatives 1 Do not adoptproceduresfor unsohctted, and use Sohctted Procedures for destgnated projects 2 Adopt procedures to recetve unsohcttedproposals Chesapeake has adopted these procedures and currently has a soltcttatton out due May 16, 2003, for an office butMmgfor one of thetr departments Stafford County has sohctted for schools and recetvedproposals whtch are under evaluatton The Ctty Attorney advised if the Ctty recetves an unsohctted proposal, there are gutdehnes to constder thts proposal but nottce must be posted for forty-five days advtstng an unsohctted proposal has been recetved Thts allows others, tf they wtsh, to tntttate proposals The Act wtll not change any requtrements for vottng to chspose of real estate The Act spectfically allows acqutred property, even by condemnatton for a pubhc purpose, to be devoted to one of these projects t e a prtvate party wtshes to develop the Southeastern Parkway, the rtght-of-way purchased can be transferred to the prtvate party to enable butldtng of the Parkway The City Attorney advtsed the Ctty ts not requtred to charge a fee The Ctty Attorney advtsed several other states have Acts stmtlar to the Public-Private Educational Facilities and Infrastructure Act of 2002 (PPEA) Detatls concermng these stmtlar Acts of other states wtll be provtded The Ctty staff, hke other locahttes tn Vtrgtnta, ts explortng thts PPEA If thts ts an opportumty, the ctty should take advantage If not, then the PPEA will be avotded Mrs Phtlhps further advtsed Stafford County, the Ctty of Chesapeake and Fatrfax have adopted procedures No locahty tn Vtrgtnta has completed a project under thts Act May 13, 2003 -9- AGENDA RE VIEW SESSION 4:10 P.M. ITEM # 51153 d 2 Resolutton AUTHORIZING a cooperattve agreement between the Ctty of Vtrgmta Beach and Commonwealth's Attorney for the prosecutton of misdemeanor offenses The Ctty Attorney advtsed thts ttem should be placed wtth the Ordtnances re FY2003-04 Operattng Budget as J4 w ITEM # 51154 J 3 Resolutton re ,4 UTHORIZING the Transportation Equity ,4ct for the 2 ]st Century (TEA-2I), and provide approprtate fundmg Counctl Lady McClanan expressed concern re the tolls: "...that Congress is requested to provide flexibility to the state's to place tolls upon existing interstate roads when other funding is not available." Counctl Lady McClanan beheves tolls should be a last resort The Ctty Manager advtsed thts has been requested by a number of States whtch are expertenctng stmtlar problems tn terms of fundmg shortfalls tn butldtng major roads Thts Resolutton allows at least the optton for tolls Vtce Mayor Jones advtsed the Hampton Roads Planntng Dtstrtct Commtsston (HRPDC) members recetved a pamphlet advtstng $32-BILLION worth ofroadprojects on the Master Street and Htghway Plans of the locahttes wtthtn the Dtstrtct Thus, thts resolutton was proposed ITEM # 51155 J 40rdtnance re FY 2003-04 Operattng Budget ,4MEND the City Code 3~35-254 re Telecommunications tax by stmphfytng the tax structure for commercial customers and tncreastng the E-911 tax The Ctty Attorney chstrtbuted a Revtsed Ordtnance Assoctate Ctty Attorney Larry Spencer advtsed Ltnes 28 and 29 reflect the changes whtch uttltze the more updated term "telecommumcatton" rather than "telephone" May 13, 2003 - 10- AGENDA RE VIE W SESSION ITEM ii 51156 B Y CONSENSUS, the following shall compose the CONSENTAGENDA: d 1 Resolution of the Ctty Councd of the City of Vtrgtnta Beach concurrtng wtth and AUTHORIZING the tssuance of hospttal revenue notes for Sentara Health Care Resolution re AUTHORIZING the Transportation Equity Act for the 2]st Century (TEA-2I), and provtde approprtate fundmg J6 J7 APPROPRIATE $1,525,983 RE Shertff'S FY 2002-03 operattng budget to support functtons of the for one-ttme purchase of equtpment and to supplement thetr rettrement account Ordtnance to APPROPRIATE $50,000 tn federal funds to the FY 2002-03 operattng budget of the Department of Mental Health, Mental Retardatton, and Substance Abuse (MHMRSA) to provtde tncreased servtces to children with disabilities May 13, 2003 -11- AGENDA RE VIE W SESSION ITEM # 51157 K 10r&nance to further EXTEND the date for sattsfytng conchttons for the dtscontmuance closure and abandonment ora portton of Morris Avenue and Katie Brown Drive tn behalf of UNITED JEWISH FEDERATION OF TIDEWATER (approved November 27, 2001) Mayor Oberndorf advtsed the apphcant ts requesttng an EXTENSION for comphance unttl November 26, 2003 The apphcants forwarded correspondence expresstng apprectatton to the Ctty staff for thetr co- operation and qutck response ITEM # 51158 K 2 Apphcatton ofMICHAEL D. SIFEN, INC. re Change of Zomng Dtstrtct Classtficatton from R-5D Restdenttal Duplex Dtstrtct to Conditional I-1 Ltght Industrtal Dtstrtct to construct a mint warehouse use on the west stde of Centervtlle Turnptke north of Kempsvtlle Road, contatmng 6 724 acres (DISTRICT 1 - CENTER VILLE) An Indefimte Deferral has been requested to assure all paperwork ts tn order for negottattng the purchase ITEM # 51158 K 70rdtnances re Ctty of Vtrgtnta Beach b AMEND the Ctty Zomng Ordtnance 1 ~901re Ctty of Vtrgtnta Beach / Colleges, Universities and Business Schools to tnclude pubhc or private colleges and untverstttes as condtttonal uses 2. ~901 re Colleges In Business Districts to tnclude pubhc or prtvate colleges and untverstttes as permttted uses in the B-2, B- 3, B-3A, and B-4 Bustness Dtstrtcts e 3~801 re to make bustness and vocattonal schools condtttonal uses tn the B-IA, B-2, B-3, B-3A, and B-4 Busmess Dtstrtcts and make pubhc or prtvate schools, colleges and untverstttes condtttonal uses tn the 0-2 Office Dtstrtct Stephen Whtte, PIanmng, &strtbuted Substitute Or&nances, Agenda Request Forms and Staff Reports for these CZO Amendments The Planntng staff and Plamng Commtsston are recommen&ng approval of Items 7b l and 3 wtth DENIAL of Tb2 May 13, 2003 - 12- AGENDA RE VIEW SESSION ITEM # 51159 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: K10rdtnancetofurtherEXTENDthedateforsattsfytngconchttons for the dtscontmuance closure and abandonment ora portton of Morris Avenue and Katie Brown Drive tn behalf of UNITED JEWISH FEDERATION OF TIDEWATER (approved November 27, 2001) K 2 Apphcatton ofMICHAEL D. SIFEN, INC. re Change of Zomng Dtstrtct Classt_ficatton from R-5D Restdenttal Duplex Dtstrtct to Conditional I-1 Ltght Industrial Dtstrtct to construct a mmt warehouse use on the west stde of Centervtlle Turnptke north of Kempsvtlle Road, contatntng 6 724 acres (DISTRICT 1 - CENTER VILLE) K4 Apphcatton of TUEE' KNOW HIM FULL GOSPEL MINISTRIES re Conchttonal Use Permtt for a church at Newtown and Baker Roads (544 Newtown Road, Sutte 146) (DISTRICT 2 - KEMPSVILLE) K6 Apphcatton of Wendell C Frankhn of CA Associates re temporal_ encroachments tnto a portton of the rtght-of-way of Ftrst Colontal Road and Wtldwood Drtve to construct and matntatn a decorattve alumtnum fence adjacent to Colontal Arms Ctrcle (DISTRICT 5 - L YNNHA VEN) K 70rdtnances re Ctty of Vtrgtnta Beach a Old Prtncess Anne Road and Flanagan's Lane (DISTRICT 7 - PRINCESS ANNE) 1 dtsconttnuance, closure, abandonment 2 AUTHORIZE the Ctty Manager to sell EXCESSproper~_ and &spose of same by executtng a Deed of Exchange May 13, 2003 - 13- AGENDA RE VIE W SESSION ITEM # 51160 b AMEND the Ctty Code 1 3~901re Ctty of Vtrgmta Beach / Colleges, Universities and Business Schools to tnclude pubhc or prtvate colleges and untverstttes as condtttonal uses 2. 3~901 re Colleges In Business Districts to tnclude pubhc or prtvate colleges and untverstttes as permttted uses tn the B-2, B- 3, B-3A, and B-4 Bustness Dtstrtcts e 3~801 re to make bustness and vocattonal schools condtttonal uses tn the B-iA, B-2, B-3, B-3A, and B-4 Bustness Dtstrtcts and make pubhc or prtvate schools, colleges and untverstttes condtttonal uses tn the 0-2 Office Dtstrtct Item K 2 wdl be DEFERRED INDEFINITEL Y, B Y CONSENT Item 7b 1 & 3 wtll be have a SUBSTITUTE ORDINANCE for adoption, BY CONSENT Item 7b 2 wdl be DENIED, B Y CONSENT May 13, 2003 - 14- CITY COUNCIL COMMENTS 4:35 P.M. ITEM # 51161 Mayor Oberndorf advtsed the Virginia Beach Volunteer Council's 25th Anniversary Celebration is scheduled for Saturday, May 17, 2003, at l l :OO A.M to 2:00P. M. The celebratton will be held on the lawn back of Ctty Hall (North Landmg and George Mason Drtve) Mayor Oberndorf expressed apprectatton to Mary Russo, Volunteer Counctl Co-ordtnator and all the Volunteers The Mayor stgned a certtficate today for each tndtvtdual ctttzen who has volunteered a total of 3,689 hours There were 15,496 volunteers who contributed 1.5-MILLION hours, which is the equivalent of 713full-time employees Vice Mayor Jones wtll attend the celebratton on behalf of the Mayor Mayor Oberndorf wtll be out of the Ctty ITEM # 51162 Counctlman Maddox advtsed he spoke at the first annual Latin American Festival. An award was presented to the Ctty from Norfolk State Untverstty Councdman Maddox gave thts award to the Mayor Norfolk State University In Partnership with Beach Events Recognizes The City of Virginia Beach, Virginia For Promoting Diversity 1st Annual Latin American Festival May 2 - 4, 2003 ITEM # 51163 Counctlman Maddox referenced correspondence from Ertc Schmudde, Chtef Deputy -Commtsstoner of the Revenue, re their Budget for FY 03/04 The proposed FY 04 budget for the Commissioner of the Revenue represents a decrease of 6% Thts reductton comes form cuts of 3% from both the Ctty and State The State cut amounts to an $80,000 budget reduction, which will reduce temporary staffing levels by 50°.4. The additional City imposed cut of $80, 000 will necessitate even further reductions of temporary and full time staff levels. Approxtmately 5 (FTE's) Full Time Employees, representmg 9% of the Commtsstoner's staff are betng ehmtnated Counctlman Maddox ts not sure of the financtal tmphcattons to the Ctty from a revenue standpotnt tf 9% of the Commtsstoner's staff ts ehmtnated Catheryn Whttesell, Dtrector- Management Servtces, advtsed the Trustee Taxes are a separate tssue Thts tssue tnvolves 4.9 FTE's 2 5 FTE's are Account Clerks Oneposttton ts vacant and has been stnceduly The other posttton ts currently filled These postttons would be transttioned to stmtlar tttles wtthtn the Ctty, tf posstble The actual cut to the Commtsstoner's office ts $158,000 (almost $160,000) and ts spht roughly "50/50" between the City and the State Four (4) positrons make up the entire amount The reinstatement of 4 9postttons would requtre supplementing of $80,000 tn State cuts, as well as $80,000 tn Ctty cuts This ts tn relatton to the overall reductton tn all the departments Approxtmately 5 5 FTE's have been added back to the Commtsstoner's office related to the State Income Tax reducttons May 13, 2003 - 15- CITY COUNCIL COMMENTS ITEM # 51163 (Continued) Counctlman Reeve referenced the Commtsstoner's letter "If the City's imposed $80,000 cut remains, it is estimated that $7.75-MILLIONin revenue to the City will be lost "Ms Whttesell advtsed thts reductton was made as a part of the Ctty Manager's proposed budget Revenues were not reduced tn response The 40-hour work week wtll add some capactty to the Commtsstoner's office The Commtsstoner wtll also be recetvtng a new automated telephone redtstrtbutton system Other departments collecting revenue also are sustatmng cuts If there ts a reductton tn revenue of thts magnttude, the dectston wtll be revtstted Mayor Oberndorf advtsed recetvtng a copy of thts correspondence at 2 45 P M thts afternoon ITEM # 51164 Mayor Oberndorf advtsed last week a group of gentlemen who were recreattonal vehtcle (RI,') owners, beheved the Ctty Counctl Sesston of May 6, 2003, was at 7 O0 P M rather than 6 O0 P M Informatton was left wtth the Mayor relattve the reasons recreattonal vehtcle owners would hke to have the same constderatton as boat owners There are 12,239 pleasure boats located in the City with an assessed value of $97,288,100. Taxes collected are zero. There are 2, 761 recreational vehicles, motor homes, travel trailers located in the City, with an assessed value of $24,721,253. The taxes collected are $370,819.00. · rrhe Ctty servtces provtdedfor boat owners are $1.5-MILLION new boat facility at the Lynnhaven Inlet, Munden Point and Owl Creek launching facility and Police protection by the Marine unit There are no Ctty servtces provtded for Recreattonal Vehtcle owners These owners wish to be on the record for the constderatton tn future Operattng Budgets Catheryn Whttesell advised the boat tax was lowered on the premtse of a "one for one" relattonshtp More funds would be recetved tn sales tax as the martnas and restaurants would be utthzed Boat owners would be attracted to the ctty, thus fil[tng the martnas A copy of thts pohcy report can be provtded ITEM # 51165 Counctl Lady Eure advtsed attenchng the opemng of Regent Untverstty's magmficent Theatre Thts opemng was extremely well attended The theatre ts European tn style, off green and trtmmed tn gold Thts theatre ts a credtt to Regent Untverstty as well as the Cay of Vtrgtnta Beach and ts menttoned on Regent Umverstty's webstte May 13, 2003 -16- ITEM # 51166 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Buddmg, on Tuesday, May 13, 2003, at 4 56 PM Councd Members Present Harry E Diezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Counctl Members Absent None May 13, 2003 -17- ITEM # 51167 Mayor Meyera E Oberndorf entertatned a motion to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of l/'trgtnta, as amended, for the followtng purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphmng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 2-3 711 (A) (1) To Wtt Appotntments Boards and Commtsstons Eastern Vtrgtnta Medtcal School Francts Land House Board of Governors Open Space Commtttee Parks and Recreation Commtsston Youth Servtces Coordtnattng Counctl PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meeting would adversely affect the bargatntngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3) Acqutsttton/Dtsposttton of Property - Lynnhaven District Upon motton by Vtce Mayor Jones, seconded by Councdman Wood, CLOSED SESSION. Vottng 11-0 Ctty Counctl voted to proceed tnto Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt,, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None (4:58 P.M. - 5:25 P.M. - BREAK AN DINNER) (5:25 P.M. - 5:45 P.M. - CLOSED) May 13, 2003 - 18- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL May 13, 2003 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, May 23, 2003, at 6 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dcm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Counctl Members Absent None INVOCATION Reverend Dr Coleman Taylor Rector Galhlee Eptscopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA May 13, 2003 Item V-E. 1. - 19- CER TIFICA TION OF CLOSED SESSION ITEM # 51168 Upon motton by Counctlman Schmtdt, seconded by Councilman Dtezel, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgmta law were dtscussed tn Closed Session to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton conventng the Closed Sesston were heard, &scussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None May 13, 2003 o~.. oUR RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded ~n ITEM ii 51167, page 17, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS Section 2 2-3 711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach Clty Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution apphes, and, (b) only such public business matters as were identified In the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council City Clerk May13,2003 - 20- Item V-F. 1. MINUTES ITEM # 51169 Upon motton by Councdman Schmtdt, seconded by Councdman Reeve, Ctty Councd APPROVED the Minutes of the INFORMAL AND FOR31AL SESSIONS of May 6, 2003, SPECIAL FORMAL SESSIONS of May 1, 2003 and April 24, 2003. Vottng 11-0 Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Counctt Members Absent None May 13, 2003 - 21 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM ii 51170 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION May 13, 2003 - 22 - Item V-H. 1. INTR OD UCTION ITEM # 51171 Mayor Oberndorf recogmzed the followtng Boy Scout tn attendance to earn hts mertt badge tn communtcattons BOY SCOUT TROOP 179 Sponsored by St. John's Kevin Kennedy Deborah Kennedy - Mother May 13, 2003 - 23 - Item V-H.2. PUBLIC HEARING ITEM # 511 72 Mayor Oberndorf DECLARED A PUBLIC HEARING Sale of EXCESS property at Prtncess Anne Road and Flanagans Lane There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. May 13, 2003 - 24 - Item V-J. 1. RESOL UTIONS/ORDINANCES ITEM # 511 73 Upon motton by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTIONItems 1, 3, 6 and 7 of the CONSENTAGENDA The Ctty Attorney advtsed ltem J 2 should be placed wtth the Ordtnances re FY2003-04 Operattng Budget as J4 w Vottng I 1-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None May 13, 2003 - 25 - Item V-J. 1. RES OL UTIONS/ORDINANCES ITEM it 511 74 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, City Counctl ADOPTED: Resolution of the Ctty Councd of the Ctty of Vtrgtma Beach concurrtng wtth and AUTHORIZING the tssuance of Hospttal Revenue Notes for Sentara Health Care Votmg 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Council Members Absent None May 13, 2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH CONCURRING WITH AND APPROVING THE ISSUANCE OF HOSPITAL REVENUE NOTES FOR SENTARA HEALTHCARE WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plan of finance of Sentara Healthcare (the "Company") and certain of its not-for-profit affiliates comprising a portion of the Company's Integrated health care delivery system and operation (collectively, with the Company, the "Sentara Healthcare Group"), all of whose pnncipal place of business is 6015 Poplar Hall Drive, Norfolk, Virginia 23502 for the issuance by the Industrial Development Authority of the City of Norfolk (the "Norfolk Authority") of its revenue notes (the "Notes") In an amount not to exceed $160,000,000 to assist the Sentara Healthcare Group in (a) undertaking the acquisition, construction and installation of certain capital expenditures, including building renovations and improvements, diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, motor vehicles and equipment and furnishings for in-patient and out-patient procedures, treatments and consultations at hospitals, clinics, doctors' offices and emergency centers (collectively, the "Expenditures") and (b) to pay certain costs of issuance relating to the Notes; and WHEREAS, each such Expenditure will be or are owned and/or operated by one of the members of the Sentara Healthcare Group and a portion of such Expenditures will be located at one or more of the locations In the City of Virginia Beach, Virginia, described in Exhibit A attached hereto; and WHEREAS, as one of the acts required in order for the interest on such Notes to qualify for exemption from the imposition of federal income tax, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 15.2-4906 of the Virginia Code require approval by the City Council of the City of Norfolk and by this Council of the issuance of any private activity bonds by the Norfolk Authority with respect facilities located in the City of Virginia Beach after the Norfolk Authority and the Authority have held public hearings to consider the issuance of such Notes; and WHEREAS, the Authority held a public hearing on April 15, 2003, in compliance with the requirements of the Code and the Virginia Code and after such public hearing, did adopt a resolution approving the plans of the Norfolk Authority as stated in the Norfolk Resolution and recommending to this Council that it concur with the Norfolk Resolution, as required by Section 15.2-4905 of the Virginia Code, and approve the issuance of the Notes, as required by Section 15.2-4906 of the Virginia Code; and WHEREAS, a copy of the Authority's approving resolution, a reasonably detailed summary of the comments expressed at the pubhc heanng with respect to the Notes held by the Authority and a statement in the form prescribed by Section 15.2-4907 of the Virginia Code have been filed with this Council, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH' 1 The Expenditures proposed to be financed by the issuance of the Notes and to be located in the City of Virginia Beach, Virginia, are deemed appropriate for such financing and, accordingly, the Council hereby concurs in the issuance of the Notes by the Norfolk Authority, to the extent required by the Code and Section 15.2-4905 of the Virginia Code, and approves the Issuance of the Notes, to the extent required by the Code and Section 15 2-4906 of the Virginia Code 2 The approval of the issuance of the Notes does not constitute an endorsement to the prospective purchasers of the Notes of the creditworthiness of the Sentara Healthcare Group and the Notes shall provide that neither the City of Vlrglma Beach nor the Authority nor any other political subdivision of the Commonwealth of Virginia shall be obligated to pay the Notes or the interest thereon or other costs incident thereto except for the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof shall be pledged thereto 3. This resolution shall take effect immediately upon Its adoption A copy teste ADOPTED: May 13, 2003 City Clerk, City of Virginia Beach, Vlrglma APPROVED AS TO -- Sentara Hampton General Hospital 3120 Victoria Blvd Hampton, VA 23661 Sentara Hampton General Hospital/ Medical Arts Building 3116 V~ctona Boulevard Hampton, VA 23661 Sentara Hampton General Hospital/ HOPE Medical Center 300 Marcella Road Hampton, VA 23661 Sentara Hospltals/Sentara Norfolk General Hospital 600 Gresham Drive Norfolk, VA 23507 Sentara Healthcare/ MIS Data Center, Tarmac Bldg 1151 Azalea Garden Road Norfolk, VA 23502 #831629 vl EXHIBIT A Sentara Hampton General Hospital/ Sentara CarePlex 3000 Cohseum Road Hampton, VA 23661 Sentara Hospltals/Sentara Leigh Hospital 830 Kempsvflle Road Norfolk, VA 23502 Sentara Hospltals/Sentara Bayslde Hospital 800 Independence Blvd Vlrgama Beach, VA 23455 Sentara Vtrglma Beach General Hospital 1060 First Colomal Road Virginia Beach, Virginia 23454 Sentara Healthcare 6015 Poplar Hall Drive Norfolk, VA 23502 Wilhamsburg Commumty Hospital 301 Monticello Avenue Williamsburg, Vtrglma 23185 (York County) VIRGINIA BEACH Virginia Beach Development Authol ~ty 222 Central Park Avenue, State 1000 Vlrg~ma Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webs~te www vbgov com April 15, 2003 The Honorable Meyera E. Obemdorf, Mayor Members of City Counml Municipal Center Vtrglnia Beach, VA 23456 Re: Sentara Healthcare Revenue Bonds Dear Mayor Obemdorf and Members of City Council' We submit the following in connection with project Sentara Healthcare principal place of business is located at 6015 Poplar Hall Drive, Norfolk, Virginia 23502 (1) Evidence of pubhcatlon of the notice of hearing 1s attached as Exhibit A , and a summary of the statements made at the pubhc hearing is attached as Exhibit B The City of Vlrglma Beach Development Authonty's (the "Authority") resolution recommending Council's approval is attached as Exhibit C (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authonty's reasons for its approval as a benefit for the City of Virginia Beach and ~ts recommendation that City Council approve the modification of the bonds described above is attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F The Honorable Meyera E. Obemdorf, Mayor Members of City Council April 15, 2003 Page 2 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the ProJect and the pnnclpals. (6) Attached as Exhibit H ~s a letter from the appropriate C~ty department commenting on the Project. (7) Attached as Exhibit I ~s an ~nducement resolution from the C~ty of Norfolk. RGJ/GLF/rab Enclosures Very truly yours, / ~R,ob~t G. Jones) · tznal~ EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION KAUFMAN & CANOLES, P C. NICOLE H DUKE, ESQ 150 W MAIN ST NORFOLK VA 23510 REFERENCE. 10236406 10241815 State of Virginia City of Norfolk The Virginian-Pilot NOTICE OF PUBLIC HEA This day, D Johnson personally appeared before me and after being duly sworn, made oath that 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc , in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Common- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in sa~d newspaper on the date Sentara Hospltals/Sentara Nodolk stated. General Hospital 600 Gresham Drive Nodolk VA 23507 PUBLISHED ON. 04/01 04/08 THE VIRGINIAN-PILOT Tues NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE NOTE PLAN OF FINANCE SENTARA HEALTHCARE AND AFFILIATES Notice ts hereby g~ven that the C~ty of V~rgmta Beach Development Authority (the Authority) whose address ~s 222 Central Park Avenue Suite 1000, VIrgmm Beach, Virgln;a 23462, wdi hold a pubhc hearing on the plan of financing of Sentara Healthcare (the Company ), and certain of its not for proflt affihates comprising a port,on of the Company s integrated healthcare system and operation ~nclud~ng Sen tara Hospitals, Sentara Enterprises, Sentara Hampton General Hospl tal Sentara Wrgmla Beach General HoSpital. Sentara bfe Care Corpo ration and Sentara Medical Group (collectively w~th the Company the Sentara Healthcare Group ) all of whose pnnclpal place of bumness ~s 6015 Poplar Hall Drive Norfolk Virginia 23502, for the issuance by the Authority of its revenue notes m an amount not to exceed 15160 000,000 to asmst the Sentara Healthcare Group m (a) undertak ~ng 0) the acqmsltlon construction and mstallabon of certain capital expenditures, including budding renovations, construction and ~mprovements 01) acquisition and installabon of d~agnost~c therapeu tic surgical and fitness equipment medical office furnishings and equipment health care business office furnishings and equipment equipment and furmshmgs for m patient and out patient procedures treatments and consultabons and (m) acquisition of motor vehicles all at the locations described below (collectively the Expenditures ) and (b) to pay certain costs of ~ssuance relating to the notes Each such Expenditure will be owned and/or operated by one of the mere bets of the Sentara Healthcare Group Such Expenditures w~ll be located at one or more of the Iocabons described below Sentara Hampton General Hospital Sentara Hampton General HospRal 3120 Victoria Bird Sentara CarePlex Hampton VA 23661 3000 Cohseum Road Hampton VA 23661 Sentara Hampton General Hospital/ Medical Arts Budding Sentara Hospltals/Sentara 3116 V~ctona BoulevardLmgh Hospital Hampton VA 23661 830 Kempsvllle Road Nodolk. Va 23502 Sentara Hampton General Hospital/ HOPE Medmal Center Sentara Hosp~tals/Sentara 300 Marcella Road Baymde Hospital Hampton VA 23661 800 Independence Bird Wrglma Beach VA 23455 Sentara V~rg~ma Beach General Hospital 1060 Rrst Colomal Road Virginia Beach V~rg~ma 23454 Sentara Healthcare/ Sentara Healthcare MIS Data Center Tarmac Bldg 6015 Poplar Hall Drive 1151 Azalea Garden RoadNorfolk VA 23502 Norfolk, VA 23502 TOTAL COST. 1,139.04 AD SPACE 168 LINE ! t , Subscr~be~ and swQrr~ to bef0r~ _in my ~ty and state on the day and year _ aforesa~hls ~~Y ~'~--~~ k~ Notary,~_~ ...... iss~on expires January 31, 2004 Wdhamsburg Community Hospital 301 Monticello Avenue W~lhamsburg Wrgmla 23185 (York County) The public heanng whmh may be continued or adjourned will be held at 8 30 a m on April 15, 2003 before the Authority at its offices located at 222 Central Park Avenue, Suite 1000 V~rgln~a Beach Wrgm~a 23462 Any person ~nterested m the ~ssuance of the notes should appear and be heard Any person who ~s d~sabled and require an accommodation In order to participate in the pubhc hearing may call the Authority at 437 6464 Please place such call at least three (3) days in advance of the meeting and pubhc hearing The notes wdl not consbtute a debt or pledge of the faith and credit of, the Commonwealth of V~rgmla or any pohtmal subdw~slon thereof. including the Authority Neither the Commonwealth of Vlrg~ma nor any polmcal subdivision thereof ~ncludlng the Authority shall be obhgated to pay the notes, or the interest thereon or other costs incident] thereto except from the revenues and monies pledged therefor, and nmther the faith and credit nor the taxing power of the Commonwealth of Wgmla nor any pohtical subdlvlsmn thereof including the Authority will be pledged to the payment of the pnncipal of or interest on such notes or other costs incident thereto CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY J VP April i and April 8 2003 10241815 Exhibit A NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE NOTE PLAN OF FINANCE SENTARA HEALTHCARE AND AFFILIATES Notice is hereby given that the City of Virginia Beach Development Authority (the Authority) whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public heanng on the plan of financing of Sentara Healthcare (the "Company"), and certain of its not-for-profit affiliates comprising a portion of the Company's integrated healthcare system and operation, including Sentara Hospitals, Sentara Enterprises, Sentara Hampton General Hospital, Sentara Virginia Beach General Hospital, Sentara Life Care Corporation and Sentara Medical Group (collectively with the Company, the "Sentara Healthcare Group"), all of whose principal place of business is 6015 Poplar Hall Drive, Norfolk, Virginia 23502, for the issuance by the Authority of its revenue notes in an amount not to exceed $160,000,000 to assist the Sentara Healthcare Group in (a) undertaking 0) the acquisition, construction and installation of certain capital expenditures, including building renovations, construction and improvements, 0i) acquisition and installation of diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, equipment and furnishings for In-patient and out-patient procedures, treatments and consultations, and (iii) acquisition of motor vehicles, all at the locations described below (collectively, the "Expenditures") and (b) to pay certain costs of Issuance relating to the notes Each such Expenditure will be owned and/or operated by one of the members of the Sentara Healthcare Group Such Expenditures will be located at one or more of the locations described below. Sentara Hampton General Hospital 3120 Victoria Blvd. Hampton, VA 23661 Sentara Hampton General Hospital/ Medical Arts Bmldlng 3116 Victoria Boulevard Hampton, VA 23661 S entara Hampton General Hospital/ Sentara CarePlex 3000 Coliseum Road Hampton, VA 23661 Sentara Hospitals/Sentara Lelgh Hospital 830 Kempsvllle Road Norfolk, VA 23502 Sentara Hampton General Hospital/ HOPE Medical Center 300 Marcella Road Hampton, VA 23661 Sentara Hospltals/Sentara Norfolk General Hospital 600 Gresham Drive Norfolk, VA 23507 S entara Hospltals/Sentara Bayslde Hospital 800 Independence Blvd. Virginia Beach, VA 23455 S entara Virginia Beach General Hospital 1060 First Colonial Road Virginia Beach, Virginia 23454 S entara Healthcare 6015 Poplar Hall Drive Norfolk, VA 23502 Sentara Healthcare/ MIS Data Center, Tarmac Bldg 1151 Azalea Garden Road Norfolk, VA 23502 Williamsburg Community Hospital 301 Monticello Avenue Williamsburg, Virginia 23185 (York County) The public hearing, which may be continued or adjoumed, will be held at 8'30 a m on April 15, 2003, before the Authority at its offices located at 222 Central Park Avenue, Suite 1000, Vlrglma Beach, Virginia 23462 Any person interested in the issuance of the notes should appear and be heard. Any person who ~s d~sabled and w~ll require an accommodation in order to participate in the pubhc hearing may call the Authority at 437-6464. Please place such call at least three (3) days ~n advance of the meeting and public heanng. The notes wall not constitute a debt or pledge of the froth and credit of the Commonwealth of Vlrg~ma or any poht~cal subdivision thereof, including the Authority. Neither the Commonwealth of Vlrg~ma nor any political subdlws~on thereof, ~ncludlng the Authority, shall be obhgated to pay the notes, or the ~nterest thereon, or other costs ~ncldent thereto, except from the revenues and monies pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virg~ma nor any poht~cal subd~ws~on thereof, Including the Authority, will be pledged to the payment of the principal of or interest on such notes or other costs ~nc~dent thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO BE PUBLISHED IN THE VIRGINIAN PILOT ON APRIL 1, 2003, AND APRIL 8, 2003 #831642 vl Exhibit B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (SENTARA HEALTHCARE COMMERCIAL PAPER REVENUE NOTE PROGRAM) At 8'30 a m. on April 15, 2003, the Chairman of the C~ty of V~rg~ma Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Sentara Healthcare, a Virg~ma non-stock corporation (the "Sentara"), and that a notice of public hearing was pubhshed once a week for two consecutive weeks ~n The V~rg~nian-Pllot, the second publication being not less than six (6) days nor more than twenty-one (21) days prior to the heanng. The Chairman ln&cated that a copy of the notice and a certificate of pubhcat~on of such notice have been or will be filed w~th the records of the Authority and wall be promded to the Clerk of the City Councd of the City of V~rg~ma Beach. The following ~nd~vldual appeared and addressed the Authority. Mr. George Consolvo appeared on behalf of the Sentara Mr Consolvo described the commercial paper revenue note program of Sentara which IS utilized to finance healthcare facdlt~es ~n Norfolk, Hampton, York County and V~rgima Beach Mr Consolvo further added that ~t is necessary under federal and Virginia law that the Authority hold a pubhc heanng and that the ~ssuance of the Notes by the Economic Development Authority of the C~ty of Norfolk be approved by the City Counml of the C~ty of Vlrgima Beach Mr Consolvo closed his remarks by noting that the presence of the Sentara faclhties ~n the C~ty of V~rg~nla Beach greatly enhances the provision of healthcare provided within the City of Virginia Beach and, accordingly, benefits 1ts citizens and serves a compelhng pubhc purpose Mr. Robert D O'Connor appeared and asked whether the Notes will be obligations of the Authority or the City of Virg~ma Beach Mr Consolvo replayed that the Notes would not be an obhgatlon of any poht~cal subdivision of the Commonwealth. The Chmrman closed the pubhc hearing. The Authority then adopted a resolution (a) recommen&ng that the Counml of the City of V~rg~nla Beach approve the issuance of the Notes In an amount up to $160,000,000, (b) directing the transmission of a F~scal Impact Statement w~th respect to the Notes to the Counml of the C~ty of V~rg~nla Beach and (c) requesting that ~ts recommendation be recmved at the next regular or special meeting during calendar year 2003 at which th~s matter can be properly placed on the Counml's agenda for heanng #832399 v2 Exhibit C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority"), the plan of finance of Sentara Healthcare (the "Company") and certain of its not-for-profit affiliates comprising a portion of the Company's integrated health care delivery system and operation (collectively, with the Company, the "Sentara Healthcare Group"), all of whose principal place of business is 6015 Poplar Hall Drive, Norfolk, Virginia 23502 for the issuance by the Economic Development Authority of the City of Norfolk (the "Norfolk Authority") of its revenue notes (the "Notes") in an amount not to exceed $160,000,000 to assist the Sentara Healthcare Group in (a) undertaking the acquisition, construction and installation of certain capital expenditures, including building renovations and improvements, diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, motor vehicles and equipment and furnishings for in-patient and out-patient procedures, treatments and consultations at hospitals, clinics, doctors' offices and emergency centers (collectively', the "Expenditures"), and (b) to pay certain costs of issuance relating to the Notes; and WHEREAS, each such Expenditure will be or are owned and/or operated by one of the members of the Sentara Healthcare Group and such will be or are located at one or more of the locations described in Exhibit A attached hereto; and WHEREAS, the Sentara Healthcare Group in its appearance before the Authority has described the benefits to the provlsxon of health care in the City of Virginia Beach to be derived from the issuance of the Notes, and WHEREAS, the Authonty has been advised by the Company that the Norfolk Authority has adopted a resolution approving the issuance of tine Notes (the "Norfolk Resolution"); and WHEREAS, a public hearing as required by Virginia law and the Internal Revenue Code of 1986, as amended (the "Code"), has been held by the Authority at this meeting; BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Notes will promote healthcare in the City of Virginia Beach, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity. 2. To assist the Sentara Healthcare Group to finance the Expenditures and to pay certain costs of issuance relating to the Notes, the Authority hereby approves the ~ssuance of the Notes by the Norfolk Authonty and recommends that the C~ty Council of the City of Vlrglma Beach (the "Council") (a) concur with the Norfolk Resolution as required by Section 15 2-4905 of the Virginia Code and (b) approve the issuance of the Notes by the Norfolk Authority as required by Section 15.2-4906 of the Virglma Code. The Chairman or Vice Chairman of the Authority is hereby directed to submit to the Council the statement in the form prescribed by Section 15.2-4907 of the Virgima Code, a reasonably detailed summary of the comments expressed at the pubhc hearing held at th~s meeting pursuant to Section 15.2-4906 of the Virginia Code, and a copy of th~s resolutmn. 3. All costs and expenses ~n connection w~th the financing plan, including the fees and expenses of counsel to the Authority, shall be paid from the proceeds of the Notes to the extent permitted by law or from funds of the Sentara Healthcare Group and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity w~th the purposes and ~ntent of this resolution and ~n furtherance of the issuance and sale of the Notes are hereby approved and confirmed. 5. All future public hearings held w~th respect to the Notes may be held jointly w~th the Norfolk Authority and other industrial development authonhes or economic development authorities ~n jurisdictions ~n which Expen&tures are located. 6. Th~s resolution shall take effect ~mmediately upon its adoption. The undersigned hereby cerhfies that the above resolutmn was duly adopted by the &rectors of the City of V~rgima Beach Development Authority at a meeting duly called and held on April 15, 2003, and that such resolution is in full force and effect on the date hereof. Dated: ~'~( Development ~, City ~ach Authority Sentara Hampton General Hospital 3120 Victoria Blvd Hampton, VA 23661 Sentara Hampton General Hospital/ Medical Arts Building 3116 Victoria Boulevard Hampton, VA 23661 Sentara Hampton General Hospital/ HOPE Medical Center 300 Marcella Road Hampton, VA 23661 Sentara Hospltals/Sentara Norfolk General Hospital 600 Gresham Drive Norfolk, VA 23507 Sentara Healthcare/ MIS Data Center, Tarmac Bldg 1151 Azalea Garden Road Norfolk, VA 23502 #831623 vl EXHIBIT A Sentara Hampton General Hospital/ Sentara CarePlex 3000 Cohsetun Road Hampton, VA 23661 Sentara Hosp~tals/Sentara Lelgh Hospital 830 Kempsvflle Road Norfolk, VA 23502 Sentara Hosp~tals/Sentara Bayside Hospital 800 Independence Blvd V~rglma Beach, VA 23455 Sentara Virginia Beach General Hospital 1060 First Colonial Road Vrrglma Beach, Vtrglma 23454 Sentara Healthcare 6015 Poplar Hall Drive Norfolk, VA 23502 Walhamsburg Commumty Hospital 3 01 Monticello Avenue Wflhamsburg, Vxrgxma 23185 (York County) Exhibit D DISCLOSURE STATEMENT Date' April 15, 2003 Applicant's Name(s): Sentara Healthcare All Owners 0f different from applicant): N/A Type of Application: Rezomng: From To Conditional Use Permit: Street Closure' Subdivision Variance: Other. Commercial Paper Revenue Notes issued through the Economic Development Authority of the City of Norfolk, Virginia The following is to be completed by or for the Applicant: 1 If the applicant is a CORPORATION, list all the officers of the Corporation: See attached schedule. . If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A The following is to be completed by or for the Owner (if different from the apphcant) 1. If the Owner 1s a CORPORATION, list all the officers of the Corporation' N/A If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, hst all members or partners in the organization. N/A SENTARA HEALTHCARE By. Its: Schedule to Disclosure Statement BOARD OF DIRECTORS OF SENTARA HEALTHCARE Donald H Clark William K Butler, II Richard Clark, M D. James E. Crocker David L Bernd Alan G Donn William P. Edmonson, Jr, M D Aubrey E Loving, Jr John F. Malbon Alvin Clccone, M D. John P Clark, M D Gwen Cummlng Thomas H. Scott, Jr, M D Frank Doom Albert R Trevarthan Frederick J. Napohtano R~chard T. Cheng, PhD Nancy A Creech Daniel McCready, M.D OFFICERS OF SENTARA HEALTHCARE Donald H Clark, Chanman W~lham K. Butler, Il, Vice Chairman Dawd L. Bernd, President & Chief Executive Officer Howard P. Kern, Executive Vice President & Chief Operating Officer Kenneth M Krakaur, Senior Vice President M~chael M. Dudley, Semor Vice President Rodney F Hochman, M D, Semor V~ce President & Chief Medical Officer Ronald Benmon, Vice President Mary Blunt, Vine President Robert Broermann, V~ce President, Chief Flnanmal Officer & Treasurer Les A Donahue, Vice President Mark R Gavens, Vice President Robert Graves, Vice President Donald V. Jelhg, V~ce President and Secretary Bert Reese, V~ce President & Chief Information Officer Douglas Thompson, V~ce President Gad P Heagan, Assistant Secretary #832400 v2 VIRGINIA BEACH ¥1rgmm Beach Development Autho~ ~ty 222 Central Park Avenue, Suite 1000 Vtrgmm Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webs~te www vbgov eom Exhibit E ECONOMIC DEVELOPMENT AUTHORITY OF CITY OF NORFOLK SENTARA HEALTHCARE COMMERCIAL PAPER REVENUE NOTE PROGRAM The Authority recommends approval of the captioned financing. The financing will benefit the citizens of the City of Virginia Beach, V~rginla, by providing improved healthcare facilities which promotes the health and welfare of the City's citizens. FISCAL IMPACT STATEMENT Sentara Healthcare Commercial Paper Revenue Note Program In the Jurisdictions Described in Exhibit A The undersigned applicant, in order to permit the City of Virginia Beach Development Authority submission of the following information in compliance with Section 15 2-4907 of the Code of Virginia of 1950, as amended, states Name ofapphcant' Sentara Healthcare Faclhty Sentara Bayslde Hospital and Sentara ¥1rglma Beach General Hospital, Virginia Beach, Virginia 1 Maximum amount of financing sought $160,000,000 Estimated taxable value of the faclhty's real property to be constructed in the locality N/A 3 Estimated real property tax per year using present tax rates N/A 4 Estimated personal property tax per year using present tax rates N/A 5 Estimated merchants' capital tax per year using present tax rates N/A a Estimated dollar value per year of goods that will be purchased from Virginia companies within the locahty b Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality c Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d Estimated dollar value per year of services that will be purchased from non-Virginia compames w~thin the locality $23,648,000 ** $198,527,000 $ 17,479,000 ** $146,536,000 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ** City of Vlrglma Beach only Dated: April 15, 2003 SENTARA HEALTHCARE By ~~ 8 Average annual salary per employee $ 41,951 7 Estimated number of regular employees on year round basis 4,953 ** EXHIBIT A TO THE FISCAL IMPACT STATEMENT DATED MARCH 26, 2003 CITY OF NORFOLK, VIRG1NIA CITY OF HAMPTON, VIRGINIA CITY OF VIRGINIA BEACH, VIRG1NIA YORK COUNTY, VIRGINIA #831128 V2 - SENTARA/FISCAL IMPACT STATEMENT Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK SENTARA HEALTHCARE COMMERCIAL PAPER REVENUE NOTE PROGRAM PROJECT NAME LOCATION' DESCRIPTION OF PROJECT. AMOUNT OF NOTE ISSUE PRINCIPALS ZONING CLASSIFICATION Present zoning classification of the Property b. Is rezomng proposed Sentara Healthcare Sentara Hospltals/Sentara Bayslde Hospital 800 Independence Blvd. Virginia Beach, VA 23455 and Sentara Virginia Beach General Hospital 1060 First Colonial Road Virginia Beach, Virginia 23454 Acute care hospital facilities $160,000,000 See attached hst of officers and directors 02 Yes No X c If so, to what zoning classification? N/A BOARD OF DIRECTORS OF SENTARA HEALTHCARE Schedule to Summary Sheet Donald H Clark William K Butler, II Richard Clark, M D James E Crocker David L Bernd Alan G Donn William P Edmonson, Jr, M D Aubrey E Lowng, Jr John F Malbon Alvin Clccone, M D John P Clark, M D Gwen Cumm~ng Thomas H Scott, Jr, M D Frank Doczl Albert R Trevarthan Frederick J Napohtano Richard T Cheng, PhD Nancy A Creech Darnel McCready, M D OFFICERS OF SENTARA HEALTHCARE Donald H Clark, Chanman Wflham K Butler, II, ¥~ce Chmrman Dawd L Bernd, President & Chief Executive Officer Howard P Kern, Executive Vice President & Chief Operating Officer Kenneth M Krakaur, Semor V~ce President M~chael M Dudley, Semor V~ce President Rodney F Hochman, M D, Senior V~ce President & Chief Medical Officer Ronald Benmon, V~ce President Mary Blunt, Vice President Robert Broermann, Vice President, Chief F~nanc~al Officer & Treasurer Les A Donahue, V~ce President Mark R Gavens, V~ce President Robert Graves, Vice President Donald V Jelhg, V~ce President and Secretary Bert Reese, Vice President & Chief Information Officer Douglas Thompson, V~ce President Gaff P Heagan, Assistant Secretary #832401 v2 VIRGINIA BEACH Exhibit H April 15, 2003 V~rglnla Beach Development Authority 222 Central Park Avenue, Suite 1000 Vlrgmm Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webstte www vbgov corn Mr Robert G. Jones Chmrman V~rg~ma Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re Sentara Healthcare Group Revenue Notes Dear Bob: The Department of Economic Development concurs with the issuance of Revenue Notes by the Economic Development Authority of the City of Norfolk in an amount not to exceed $160,000,000 for Sentara Healthcare Group These funds will be utilized for the acquisition, construction and installation of building renovations and improvements, diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, motor vehicles and equipment and furmshings for in-patient and out-patient procedures, treatments and consultations at hospitals, clinics, doctors' offices and emergency centers. The issuance of these Notes will promote healthcare in the City of Virginia Beach, benefit its inhabitants and promote their safety, health, welfare, convemence and prosperity. I will be happy to answer any questions you may have after our meeting of April 15th. Sincerely, Mark R. Wawner Project Development Manager MRW:lls Exhibit I RESOLUTION OF ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK WHEREAS, there has been described to the Economic Development Authority of the City of Norfolk (the "Authority") the plan of finance of Sentara Healthcare (the "Company") and certain of its not-for-profit affiliates comprising a portion of the Company's integrated health care delivery system and operation (collectively, with the Company, the "Sentara Healthcare Group"), all of whose pnnclpal place of business is 6015 Poplar Hall Drive, Norfolk, Virginia 23502 for the issuance by the Economic Development Authority of the City of Norfolk (the "Norfolk Authority") of 1ts revenue notes (the "Notes") in an amount not to exceed $160,000,000 to assist the Sentara Healthcare Group in (a) undertaking the acquisition, construction and installation of certain capital expenditures, including building renovations and improvements, diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, motor vehicles and equipment and furnishings for in-patient and out-patient procedures, treatments and consultations at hospitals, clinics, doctors' offices and emergency centers (collectively, the "Expenditures"), and (b) to pay certain costs of issuance relating to the Notes, and WHEREAS, each such Expenditure will be or are owned and/or operated by one of the members of the Sentara Healthcare Group and such will be or are located at one or more of the locations described in Exhibit A attached hereto, and WHEREAS, the Sentara Healthcare Group in its appearance before the Authority has described the benefits to the provision of health care in the City of Norfolk to be derived from the issuance of the Notes, and WHEREAS, the Authority has been advised by the Company that the Norfolk Authority has adopted a resolution approving the issuance of the Notes (the "Norfolk Resolution"); and WHEREAS, a public heanng as required by Virginia law and the Internal Revenue Code of 1986, as amended (the "Code"), has been held by the Authority at this meeting, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK' 1 It is hereby found and determined that the issuance of the Notes will promote healthcare in the City of Norfolk, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity. 2 To assist the Sentara Healthcare Group to finance the Expenditures and to pay certain costs of issuance relating to the Notes, the Authority hereby approves the issuance of the Notes and recommends that the City Council of the City of Norfolk (the "Council") (a) concur with the Norfolk Resolution as required by Section 15 2-4905 of the Virginia Code and (b) approve the issuance of the Notes as required by Section 15 2-4906 of the Virginia Code The Chmrman or Vice Chairman of the Authority ~s hereby d~rected to submit to the Council the statement in the form prescribed by Section 15.2-4907 of the Vlrglma Code, a reasonably detailed summary of the comments expressed at the pubhc hearing held at this meeting pursuant to Section 15.2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection w~th the financing plan, including the fees and expenses of counsel to the Authority, shall be prod from the proceeds of the Notes to the extent permitted by law or from funds of the Sentara Healthcare Group and the Authority shall have no responsibility therefor 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Notes are hereby approved and confirmed 5 All future public hearings held with respect to the Notes may be held jointly with the Norfolk Authority and other Economic development authorities or economic development authorities in jurisdictions in which Expenditures are located 6 This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the directors of the Economic Development Authority of the City of Norfolk at a meeting duly called and held on ,2003, and that such resolution is in full force and effect on the date hereof. Dated' Secretary, Economic Development Authority of the C~ty of Norfolk EXHIBIT A Sentara Hampton General Hospital 3120 Victoria Blvd Hampton, VA 23661 Sentara Hampton General Hospital/ Medical Arts Building 3116 Victoria Boulevard Hampton, VA 23661 Sentara Hampton General Hospital/ HOPE Medical Center 300 Marcella Road Hampton, VA 23661 Sentara Hospltals/Sentara Norfolk General Hospital 600 Gresham Drive Norfolk, VA 23507 Sentara Healthcare/ MIS Data Center, Tarmac Bldg 1151 Azalea Garden Road Norfolk, VA 23502 Sentara Healthcare/ Sentara Service Center/Materials Mgmt 1545 Crossways Blvd, Suite E Chesapeake, VA 23320 Williamsburg Community Hospital 6601 Mooretown Road Williamsburg, Virginia 23188 Sentara Hampton General Hospital/ Sentara CarePlex 3000 Coliseum Road Hampton, VA 23661 Port Warwick Medical Arts 11803 Jefferson Avenue Newport News, Virginia 23608 Sentara Hospltals/Sentara Lelgh Hospital 830 Kempsvflle Road Norfolk, VA 23502 Sentara Hospltals/Sentara Bayslde Hospital 800 Independence Blvd Virginia Beach, VA 23455 Sentara Virginia Beach General Hospital 1060 First Colonial Road Vlrglma Beach, Virginia 23454 Sentara Healthcare 6015 Poplar Hall Drive Norfolk, VA 23502 Wflhamsburg Community Hospital 301 Monticello Avenue Wxlhamsburg, Virginia 23185 (York County) #831625 v2 PROJECT NAME PROJECT LOCATION. Sentara Healthcare Commercial Paper Revenue Notes Sentara Virginia Beach General Hospital 1060 First Colonial Road Virginia Beach, Virginia 23454 TYPE OF PROJECT' Healthcare Fac]hty NOLCOMB Pt COACHMAN CT Bays~de JHS Wdhams 8aysll~dde HS ndependence JHS 4 POI#D I (, for Effective :OI IGH PROJECT NAME PROJECT LOCATION. Sentara Healthcare Commercial Paper Revenue Notes Sentara Hospitals/Sentara Bays]de Hospital 800 Independence Blvd. V]rg]ma Beach, VA 23455 TYPE OF PROJECT' Healthcare Facility - 26- Item V-J. 2. RES OL UTIONS/ORDINANCES ITEM # 51175 Resolutton ,4 UTHORIZING a cooperattve agreement between the Ctty of Vtrgtnta Beach and Commonwealth's ,4ttorney for the prosecutton of misdemeanor offenses Item J. 2 was MOVED to the Ordinances re FY2003-04 Operating Budget as J. 4. w. May 13, 2003 -27- Item V-J. 3. RES OL UTIONS/ORDINANCES ITEM # 51176 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Council ADOPTED: Resolutton re AUTHORIZING the Transportation Equity Act for the 21st Century (TEA-2I), and provtde approprtate fundmg Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rwhard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None May 13, 2003 Requested by Councilmember Richard Maddox RESOLUTION SUPPORTING THE AUTHORIZATION OF A REPLACEMENT FOR THE TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY (TEA-21) WHEREAS, the current act authorizing federal participation supporting transportabon, both road construction and mass transit expires on September 30, 2003; and WHEREAS, Congress is in the process of developing legislation to authorize a replacement to the Transportation Equity Act for the 21st Century (TEA-21), and WHEREAS, federal support for transportabon has become ~ncreasingly important in Virginia for the bmely movement of people, goods and services; and WHEREAS, ~n just a few years, federal support has gone from 25 percent of the state's road building budget to more than 65 percent; and WHEREAS, federal support for mass transit has always provided the majority of funds for both capital and maintenance expenditures; and WHEREAS, public transportabon improves the quality of life in our community providing freedom, access, mobility, and choice for citizens; and WHEREAS, transportation system ~mprovements stimulates the economy, creates jobs, reduces traffic congestion, provides access to jobs, and preserves the environment, and WHEREAS, the need for road construction in Hampton Roads over the next 20 years is in an excess of $30 billion with less than $5 billion being forecasted to be avadable; and WHEREAS, there is a commensurate short-fall in funds available for the identified needs in mass transit; and WHEREAS, the ex~sting TEA-21 allowed for the enhanced role of local decision making and its emphas~s on flexibility and intermodal goals, which have contributed to increased considerabon of local concerns; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA, that Congress is requested to authorize a replacement for TEA-21 for the next six years that retains its core structure with sufficient funding allocations (at least $375 billion) to meet the nations transportation infrastructure needs for both maintenance and construction. In order to increase current funding levels to the $375 billion level, Congress should: 1. Draw down the existing balance in the Highway Trust Fund; 2 Restore the interest to the Highway Trust Fund; 3. Eliminate user fee evasion; 4 Direct all revenue from existing gasohol user fees to the Highway Trust Fund; 5. Reimburse the Highway Trust Fund for lost revenues from gasohol use fee subsidy or eliminate the subsidy; 6. Restore and preserve the purchasing power of the motor fuel user fee by linking the user fee to the Consumer price Index; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that Congress be called upon to consider codifying the recommendations from the President's Task Force on Environmental Stewardship and Transportation; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that Congress create, if needed, an independent task force to identify substantive and procedural requirements of Federal laws and regulations that inhibit efficient implementation of transportation solubons and make recommendations to revise Federal laws and regulations to coordinate and expedite project reviews and incorporate those recommendations into the next reauthonzabon of TEA-21; and, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that Congress provide the United States Department of Transportation authority to resolve disputes amongst federal agencies ~n order to expedite projects delivery; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that Congress is requested to provide flex~bd~ty to the state's to place tolls upon existing interstate roads when other funding is not available ADOPTED by the City Council of Virginia Beach, Virginia this 1 3 th day of 2003. APPROVED as to content. City~Manage?~V0 ~"~ Approved a.s, to legal sujfic~ency' City ~'0r~e~,s office' - '""'"- Item V-J. 4. a-w - 28 - RES OL UTIONS/ORDINANCES ITEM # 51177 Abe Abaru, spoke on behal.[ of the l&rgtnta Beach Taxpayers Alhance, advtsed the Hampton Roads economy wall grow by no more than an average of 3%per year The Cay of Vtrgmta Beach's OperattngBudget has grown at an average of 6% (twtce the annual growth rate of the overall economy) Reduce real estate tax rate by 5¢ and meal tax rate by lq? Tom Ntxon, 233 7 Barnsely Court, Phone 563-8097, represented the Vtrgtnta Beach Taxpayers Alhance and requested reductton of the real estate tax rate by 5¢ and meal tax rate by 1¢ Robert Dean, Communtcattons Dtrector- Virginia Beach Taxpayers Alhance, advtsed bastc needs would not require an annual tax tncrease and requested reductton of the real estate tax rate by 5¢ and meal tax rate by 1 ¢ Robert 0 'Connor, 204 52nd Street, 23451, Phone 428-0902, President- Ctttzens Actton Coahtton, requested the Ctty postpone major projects for at least 3 to 5 years dohn Moss, 4109 Rtchardson Road 23455, Phone 363-7745, Chatrman- I&rgtnta Beach Taxpayers Alhance, spoke tn opposttton to real estate tax tncrease (reduce real estate tax rate by 5¢ and meal tax rate by 1 0 Sandy Ltnkous, 5225 South Lake Road, Phone 464-1947, represented the Vtrgtnta Beach Taxpayers Alhance and read tnto the record correspondence dated January 6, 2003 Thomas E Coghdl, Sr , 804 Surfstde Avenue, Phone 422-3425, Croatan restdent, spoke tn support of pubhc education Mr Coghdl requested the tax rate be ratsed by 6¢, whtch would ratse approxtmately $16 5-MILLION I~tlham Barley, 4841 Rosecrofi Drtve 23464, Phone 495-0637, President -Vtrgtnta Beach Professtonal Ftrefighters, and represented l&rgtnta Beach Coahtton of Employees He ts not tn favor of tncreastng the employees' work hours nor the proposed changes tn pay for cay employees (~1-12 3,3~2-101, 3~2-104 and 2-1o9) Rtchard Barun, concerned ctttzen, bustness owner and Treasurer -Ttdewater Ltbertartan Party, Member - Vtrgtnta Beach Taxpayers Alhance, requested reductton of the real estate tax rate by 5¢ and meal tax rate by 1 ¢ Maxtne Graham, 2202 Ventce Court, spoke re ehmtnatton of School bus field trtps and return these related funds to teachers A MOTIONwas made by Vtce Mayor Jones, seconded by Councdman Maddox, to ADOPTthe FY2003-2004 Operattng Budget to a ESTABLISH the tax levy on Real Estate re FY 2004 b. ESTABLISH the tax levy on personal property and machinery and tools re calendar year 2004 May 13, 2003 - 29- Item V-J. 4. a-w RESOLUTIONS/ORDINANCES ITEM # 51177 (Continued) AMENDED by Substitute Ordinance the Ctty Code 3q35-254 re telecommunications tax by stmphfymg the tax structure for commercial customers and tncreastng the E-911 tax d AMEND the Ctty Code 3~31-35 re yard waste contatners by estabhshmg a Twenty Five Dollar ($25)fee e AMEND the Ctty Code ~21-364 reparking and increasing and fine fi>r fire lane parktng vtolattons f AMEND the subchvtston regulattons ~8 1 re fees for prehmtnary subdivision plat review g AMEND the Ctty Code 3~3 2 re fee for site plan review he AMEND the Ctty Zomng Ordinance ~107 re the fee to amend, supplement or change the regulattons, Dtstrtct boundartes or classtficattons of property and to ESTABLISH a fee for the reconsideration of proffered conditions AMEND the Ctty Zomng Or&nance ~221 re fee for condtttonal use permtt apphcattons re a fee for the reconsideration of conditions j. AMEND the Ctty Zontng Ordtnance 3~8-3 re fee for subdivision variance apphcattons k AMEND the City Code 3~6-138 re fee to construct, alter or repair landings, docks and stmtlar structures AMEND the Ctty Code ~ 8-31 re fees for buildingpermits, reinspections and certificates of occupancy m AMEND the Ctty Code 3~8-34 re fees for electricalpermits and spectal condttton electrtcal permtts n AMEND the City Code 3~8-32 refeesforplumbingpermits o AMEND the Ctty Code 3~8-33 re fees for mechanical, life safety and gas permits p REVISE the revenue sources re the major projects spectal revenue fund qo AMEND the City Code 3~1-12 3 re addtng a sectton provt&ng for the assessment of court costs to support the local Criminal Justice Academy May 13, 2003 Item V-J. 4. a-w - 30- RESOLUTIONS/ORDINANCES ITEM # 51177 (Continued) r AMEND the Ctty Code 3~2-101re language of the work week s AMEND the Ctty Code 3~ 2-104 and 2-109 re changes mpayfor city employees. Thts ttem was further amended by morton * AMEND the City Code 3~35-64 and ~35-67 re the exemption or deferral of real estate taxes for elderly or chsabled person by tncreastng income and new worth hmtts APPROPRIATE re FY 2003-04 $1,311,825,979 to operations and $468,0 70,150 to interfund transfers and regulatmgpayment from the Ctty Treasury AUTHORIZE the Ctty Manager to submtt an Annual Funding Plan to the U S Department of Houstng and Urban Development (HUD) W Resolutton AUTHORIZING a cooperattve agreement between the Ctty of Vtrgmta Beach and Commonwealth's Attorney for the prosecutton of mtsdemeanor offenses Thts *MOTION tncludes the ttems as descrtbed tn the May 6, 2003, Budget Reconcthatton letter from Mayor Oberndorf and Vtce Mayor Jones, spectfically related to the Compensation Plan whtch tncludes the followmg elements Mertt tncrease of 3% Structural adjustment of l 5% Health care coverage to 100% of single subscrtber July 1 Potenttal health care adjustment on January 1, 2004 based on the new Health care contract costs Pay compresston adjustment Postpone the use of the Ctty's contrtbutton for a Cafeterta Health Plan Pro-rate mertt Bonus program $ 5 I-MILLION $ 0 2-MILLION $1 O-MILLION $ 2 3-MILLION $1 6-MILLION NO COST $ 0 I-MILLION NO COST May 13, 2003 Item V-J. 4. a-w -31 - RESOLUTIONS/ORDINANCES ITEM # 51177 (Continued) Upon MOTION TO AMEND the Main Motion re compensation by Counctlman Wood, seconded by Counctlman Reeve, Ctty Counctl ADOPTED the AMENDMENT to the Compensation Plan Mertt mcrease of 3 65% Structural adjustment of l 50% Health care coverage to 100% of stngle subscrtber July 1 Allowance for Health Care tncrease Pay Compresston adjustment Pro-rate mertt TOTAL COMPENSATION PA CKA GE $ 6,205,000 O0 $ 200,000 O0 $1,000, 000 O0 $1,700,000 O0 $1,095, 000 O0 $ 100,00000 $10,300,000.00 Vottng 6-5 Counctl Members Voting Aye Harry E Dtezel Reba S McClanan, Rtchard A Maddox, dsm Reeve, Ron A Vtllanueva, and James L Wood Counctl Members Vottng Nay Margaret L Eure, Vtce Mayor Louts R Jones, Mayor Meyera E Oberndorf, Peter W Schmtdt and Rosemary Wtlson Counctl Members Absent None May 13, 2003 City of Virginia [Beach JAMES L WOOD COUNCILMAN - DISTRICT 5 - LYNNHAVEN PHONE (757) 340-8411 FAX (757) 340 2082 May 13, 2003 The Honorable Mayor Members of City Council RE: Compensation plan for City employees Madam Mayor and Members of Council: I propose that the $10,300,000.00 allocated for employee compensation be re-distributed as follows: Merit increase Structural adjustment 100% Health care to single subscriber July 1 Allowance for health care increase Pay compression adjustment Pro-rate merit Total Compensation Package 3.65% 1.50% $6,205,000.00 $200,000.00 $1,000,000.00 $1,700,000.00 $1,095,000.00 $1oo,ooo.oo $10,300,000.00 Thank you for your consideration. Sincerely, ;aMc~%~ Council - Lynnhaven District pc' Jim Spore, City Manager Les Lflley, City Attorney Ruth Hodges Smith, City Clerk 3778 PRINCE ANDREW LANE VIRGINIA BEACH VA 23452 Item V-J. 4. a-w - 32- RESOL UTIONS/ORDINANCES ITEM # 51177 (Continued) Upon Motton made by Vtce Mayor Jones, seconded by Counctlman Maddox, City Counctl ADOPTED the AMENDED FY 2003-2004 Operating Budget to a ESTABLISH the tax levy on Real Estate re FY 2004 be f ESTABLISH the tax levy on personal property and machinery and tools re calendar year 2004 AMENDED by Substitute Ordinance the Ctty Code 3~35-254 re telecommunications tax by stmphfytng the tax structure for commercial customers and increasing the E-911 tax AMEND the Ctty Code 3~31-35 re yard waste contatners by estabhshtng a Twenty Ftve Dollar ($25)fee AMEND the Ctty Code ~21-364 re parking and increasing and fine for fire lane parktng vtolattons AMEND the subchvtston regulattons ~8 1 re fees for prehmmary subdivision plat review g AMEND the Ctty Code ~3 2 re fee for site plan review h, AMEND the City Zomng Or&nance 3q107 re the fee to amend supplement or change the regulattons, dtstrtct boundartes or classtficattons of property and to ESTABLISH a fee for the reconsideration of proffered conditions AMEND the Ctty Zomng Ordtnance 3~221 re fee for con&ttonal use permtt apphcattons re a fee for the reconsideration of conditions AMEND the Ctty Zontng Ordtnance ~8-3 re fee for subdivision variance apphcattons AMEND the Ctty Code 3~6-138 re fee to construct, alter or repair landtngs, docks and stmtlar structures AMEND the City Code 3~ 8-31 re fees for building permits, reinspections and certificates of occupancy May 13, 2003 Item V-J. 4. a-w - 33 - RESOLUTIONS/ORDINANCES ITEM # 51177 (Continued) m AMEND the Ctty Code 3q8-34 re fees for electrical permits and special condttton electrical permtts n AMEND the Ctty Code I[8-32 refeesforplumbingpermits P qe W AMEND the Ctty Code 3~8-33 re fees for mechanical, life safety and gas permtts REVISE the revenue sources re the major projects spectal revenue fund AMEND the Ctty Code 3~1-12 3 re adding a sectton provtdtng for the assessment of court costs to support the local Criminal Justice Academy AMEND the Ctty Code 3~2-101re language of the work week AMEND the Ctty Code 3~ 2-104 and 2-109 re changes tnpayfor city employees as proffered by Amendment to THE main motion (3 65% mertt and 1 50% structural adjustment wtth allowances for health care and compresston totahng $10 3 mtlhon) AMEND the Ctty Code 3~35-64 and ~35-67 re the exemption or deferral of real estate taxes for elderly or dtsabled person by tncreastng tncome and new worth hmtts APPROPRIATE re FY 2003-04 $1,311,825,979 to operations and $468,070,150 to interfund transfers and regulattngpayment from the Ctty Treasury AUTHORIZE the Ctty Manager to submtt an Annual Funding Plan to the U S Department of Houstng and Urban Development (HUD) Resolutton AUTHORIZING a cooperattve agreement between the Ctty of Vtrgtnta Beach and Commonwealth's Attorney for the prosecution of misdemeanor offenses May 13, 2003 - 34- Item V-J. 4. a-w RESOLUTIONS/ORDINANCES ITEM # 51177 (Continued) Vottng 10-1 Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones,, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay Reba S McClanan Council Members Absent None May 13, 2003 FORM NO P S 113 City of Virginia Beach INTER-OFFICE CORRESPONI)ENCE OUR Nh1\00~ ,~' · :..Y ItE IVEU , DATE: May 30, 2003 TO: Ruth H. Smith DEPT: City Clerk Lawrence S. Spencer, Jr. FROM: DEPT: RE: Redistricting Ordinance Associate City Attorney I wanted to alert you of a scrivener' s error ~n the ordinance adopted on May 13 by the C~ty Council to establish the property tax levy for FY 2004. Specifically, that ordinance, at line 48, referred to FY 2003, when the reference should have been to FY 2004. (The title and all other references are to FY 2004.) The title of the ordinance and all other references were FY 2004, and the substantive action by the Council was clearly to establish tax rates for the upcoming year. For this reason, making such a correct~on is a ministerial matter entirely within your power. See County of Fairfax v Southern Iron Works, Inc., 242 Va 435, 410 S E 2d 674 (1991) _~ify I enclose cop~es of the corrected or&nance, one of which I would appreciate you~ ing and returning to mefl-'rhank' YOu for your aSsistance; please call me at 427-4539 ~f you should have any questions about this matter. Enclosures c: Leslie L. Lilley, City Attorney Ol D- 27621q 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL YEAR2004 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sec. 1. Amount of Levy on Real Estate. There shall be levied and collected for fiscal year 2004 taxes for general purposes on all real estate, including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the rate of one dollar twenty-two cents ($1.22) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rate that has 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. Sec. 2. Amount of Levy on ~'Certified Pollution Control Equipment and Facilities" Classified as Real Estate, ~Certified Storm Water Management Developments and Property," ~'Certified Solar Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and ~'Environmental Restoration Sites," Real Estate Improved by Erosion Controls, and Certain Wetlands and Riparian Buffers. In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1- 3661, 58.1-3664, 58.1-3665 and 58.1-3666, of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2004, taxes on all real estate (a) certified by the 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by Code of Virginia ~ 58.1-3665, or (f) wetlands and riparian buffers as described by Code of Virginia ~ 58.1-3666, not exempt from taxation, at a rate of one dollar twenty-two cents ($1.22) on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property except for public service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. There shall be levied and collected for fiscal year 2004, taxes for the special purpose of providing beach and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not exempt from taxation, at the rate of twelve cents ($.12)per annum on each one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in 55 56 57 58 59 60 61 62 63 64 Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis on one hundred percentum of the fair market value of such real property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. For the special purposes of operating and maintaining the parking garage and providing enhanced services for the plaza and public spaces within the boundaries of the service district at the 65 66 67 68 69 Town Center, there shall be levied and collected for fiscal year 2004, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at the rate of fifty- seven cents ($.57) on each one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to 70 the real estate tax set forth in Section 1 of this ordinance. The 71 72 73 74 75 76 77 78 real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of VirGinia. Sec. 5. Severability. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. 79 Sec. 6. Effective date. 80 The effective date of this ordinance shall be July 1, 2003. 81 82 Adopted by the City Council of the City of Virginia Beach, Virginia on this 13th day of May, 2003. 83 Requires an affirmative vote by a majority of the members of 84 City Council. CA-8806 F: \Users \CBuringa\WP\WORK\budgetord\taxrealestateord. wpd R-2 April 28, 2003 APPROVED AS TO CONTENT- Management Services APPROVED AS TO LEGAL SUFFICIENCY: Law Department ORD- 2762 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL YEAR 2004 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sec° 1. Amount of Levy on Real Estate. There shall be levied and collected for fiscal year 2004 taxes for general purposes on all real estate, including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the rate of one dollar twenty-two cents ($1.22) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rate that has 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. Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion Controls, and Certain Wetlands and Riparian Buffers. In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1- 3661, 58.1-3664, 58.1-3665 and 58.1-3666, of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2004, taxes on all real estate (a) certified by the 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by Code of Virginia ~ 58.1-3665, or (f) wetlands and riparian buffers as described by Code of Virginia ~ 58.1-3666, not exempt from taxation, at a rate of one dollar twenty-two cents ($1.22) on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property except for public service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. There shall be levied and collected for fiscal year 2004, taxes for the special purpose of providing beach and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not exempt from taxation, at the rate of twelve cents ($.12)per annum on each one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in 55 56 57 58 59 6O 61 62 63 64 Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis on one hundred percentum of the fair market value of such real property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. For the special purposes of operatinq and maintaininq the parking garaqe and providinq enhanced services for the plaza and public spaces within the boundaries of the service district at the 65 66 67 68 69 Town Center, there shall be levied and collected for fiscal year 2004, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at the rate of fifty- seven cents ($.57) on each one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to 70 the real estate tax set forth in Section 1 of this ordinance. The 71 72 73 74 75 76 77 78 real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virqinia. Sec. 5. Severability. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. 79 8O Sec. 6. Effective date. The effective date of this ordinance shall be July 1, 2003. 81 82 Adopted by the City Council of the Virginia on this 13TM day of May, 2003. City of Virginia Beach, 83 84 Requires City Co uncil . an affirmative vote by a majority of the members of CA-8806 F: \Users\CBuringa\WP\WORK\budgetord\taxrealestateord. wpd R-2 April 28, 2003 APPROVED AS TO CONTENT' Management Services APPROVED AS TO LEGAL SUFFICIENCY- Law Department CERTIFIED TO BE A TRUE CORRECTED COPY OF AN ORDINANCE ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON MAY 13, 2003. A SCRIVENER'S ERROR IN THE ORDINANCE REFERRED TO FY 2003 RATHER THAN FY 2004. THIS IS A MINISTERIAL MATTER; THUS, THIS CORRECTION IS HEREBY RECORDED R/uth Hodges g'm~th~ MMC C~ty Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL YEAR 2004 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sec. 1. Amount of Levy on Real Estate. There shall be levied and collected for fiscal year 2004 taxes for general purposes on all real estate, including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in thls ordinance, at the rate of one dollar twenty-two cents ($1.22) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rate that has 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. Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified Storm Water Management Developments and Property," "Certified Solar Energ~ Recycling Equipment, Facilities or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion Controls, and Certain Wetlands and Riparian Buffers. In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1- 3661, 58.1-3664, 58.1-3665 and 58.1-3666, of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2004, taxes on all real estate (a) certified by the 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by Code of Virginia ~ 58.1-3665, or (f) wetlands and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate of one dollar twenty-two cents ($1.22) on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property except for public service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. There shall be levied and collected for fiscal year 2003, taxes for the special purpose of providing beach and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not exempt from taxation, at the rate of twelve cents ($.12)per annum on each one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in 55 56 57 58 59 60 61 62 63 64 Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis on one hundred percentum of the fair market value of such real property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. For the special purposes of operatinq and maintaining the parkinq qarage and providing enhanced services for the plaza and public spaces within the boundaries of the service district at the 65 66 67 68 69 Town Center, there shall be levied and collected for fiscal year 2004, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at the rate of fifty- seven cents ($.57) on each one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to 70 the real estate tax set forth in Section 1 of this ordinance. The 71 72 73 74 75 76 77 78 real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virqlnla. Sec. 5. Severability. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. 79 Sec. 6. Effective date. 80 The effective date of this ordinance shall be July 1, 2003. 81 82 Adopted by the City Council of the City of Virginia Beach, Virginia on this 13th day of May, 2003. 83 Requires an affirmative vote by a ma3ority of the members of 84 City Council. CA-8806 F: \Users\CBuringa\WP\WORK\budgetord\taxrealestateord. wpd R-2 April 28, 2003 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY' Law Department AN ORDINANCE ESTA~LISHING THE TAX LEVY ON PERSON;iL PROPERTY ~ MACHINERY ~ TOOLS FOR THE CltLE~ YF2%R 2004 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sec. 1. Amount of Levy on Tangible Personal Property. In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, t~ taxes shall be levied and collected for general purposes for the calendar year 2004 te~te~ on all tangible personal property, including all separate classifications of personal property set forth in the Code of Virginia7 not exempt from taxation and not otherwise provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof. Specific categories of personal property taxed at this rate include, but are not limited to, the following: a. aircraft and flight simulators as descrzbed in Code of Virginia ~ 58.1-3506(A) (2) and (3); b. antique motor vehicles as described in Code of Virginia ~ 58.1-3506(A) (4); c. heavy construction equipment as described in Code of Virginia ~ 58.1-3506(A) (6); d. computer equipment as described in Code of Vlrgln~a ~ 58.1-3506(A) (9); and 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 e. tanqible personal property as described in (a) Code of Virqinia ~ 58.1-3660 as "certified pollution control equipment and facilities" or (b) Code of Virginia ~ 58.1-3661 as "certified solar equipment, facilities or devices and certified recycling equ~pmen[, facilities or devices." In accordance with Section 50.1-3504 of the Code of Virginia (1950), as amended, certain~vuo=~u~-' goods~---~ personal effects as defined therein shall be exempt from taxation. Sec. 2. Amount of Levy on Manufactured Homes. In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2004 taxes on all vehicles without motor power used or designated to be used as manufactured homes as defined by Section 36-85.3 of the Code of Virginia, at the rate of one dollar twenty-two cents ($1.22) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 3. Amount of Levy on Ail Boats or Watercraft Weighing Fmve Tons or More. In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2004 taxes on all boats or watercraft weighing five (5) tons or more, except as provided for in Section 12 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 7O 71 72 73 ~ ....... of Le%-~ ......... ' ~: --' ~-' '--~' -- Control E~uipmant In ~=~=~,~= w~=~ Sectmon~ 50 1-3660 .... ~ ~" ~" -= Code of Virginia, there shall be levied and collected for general purpos=~ for the calendar year 2004 taxeo on all tang~u=e personal .... opezty .... 'f~ d by ............... = - = "Certified Pollution Control Equipment and Faczlztkes," or ceztzfxed =o provz~-~=~ Code of Viz hz= ~=~=~ ~.~-~ "Certified Solar Energy or Recycling Equipment, Facilities ~=~=o, ~u= exempt from t~xatzon, at thez~= ..... of thr=e dollars an ~even cent~ ~y~. ,u~ on =~ one ~u~u~=u uv~o ~y~uu~ ~ooeooed valuation Sec. 5. ~ount of Le~ on ~chine~ and Tools. In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2004 taxes on machinery and tools, ~ncludxng machinery and tools used directly in the harvesting of fcrest products or semiconductor manufacturing, not exempt from taxatzon, at the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virqinia ~ 58.1-3506 (B), the followinq personal property shall also be taxed at the rate of machinery and tools: 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 a. all tangible personal property used in research and development businesses, as described in Code of Virqinia ~ 58.1-3506 (A) (5); b. energy conversion equipment, as described zn Code of Virginia ~ 58.1-3506(A) (7); and c. all motor vehicles, trailers and semitrazlers wzth a gross vehicle weiqht of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in znterstate commerce, as described in Code of Virqinia · . / \ / · "-- ~ nt of Le~-~ .... ' .... ~ -- ~ ~ ~-~ "~ ......... ........ ' S=~t~~.I 6 (A) (2 3) of =~e=~ Code of Virginia, there shall' be levied and collect=d- for ge~=~ ~urposes- for the lenda yea ~ ......... -~-'-~ at ~e :-ate of three ~-~I~o ~u~ .... and ........... nt- {$3 70) on each one ,,~,,~d dollazs ~~ of ....... -' valuatzon thereof ' ' ~ ~ _ ~ ~ ~_ _1_ In accordance w~th Section 58.1-3506 (n~ (4) u~= ~= ~uu= of Virginia, there s~hall be levied and collected for general purposes for the calendar year 2~uu. ....... ==~=~ on ~==-'' antique motor vehicles as defined in Section 46 2-1 . uu of the ~uu= of V~rgznza, which may be used for general transportation purposes as provided zn subsectzon c of Section 46.= ~ 730 of the ~==~-~- of Virginia, at the rate of three ~-~' .... nd ..... nty cents '~ ~' ~~/ of =ooesoe valuatzon th=~=~=. ......... ' Eq-uip 97 "-- ~ ' ...... of Le ~,~ Construction ment 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Virginia, th=~= o~I ~= ~=v~=~ and collected for general purposes for the~=~=..~r year 2~. taxes on all heavy constructzon equipment, =t the ~=~= of th~== doll=~o and o=v=,,~y cents ~.,~ '~'~ ........ = valuatzon the .... on each one hundred dollars ~uu~ of ' ~ =~~=~= w~th Section ~o.I ~6 (A) (5) of the Cod= of Virginia, thereo~=~-~-~ be levied and collected for general purposes fo~ the c=lendar ye=r 200~ ~=~=o o~ =~ tangible per° ~ onal ~roperty used in research and development businesses, not exempt from taxatzon, =t the ~=~e of one ~o~=~o ($I00) of ....... = valuatzon thereof Sec. 10. ~ount of Lc%%- on ~nezg~- Conversion .?.quipment. -,, =~~=,,~= wzth Sectzon 58.1-3506 ~A~ (,) of =,,= ~= ~= Virginia, there shall be levied and collected for general purposes for the calendar year 2004 taxes on all energy conversion equzpment, oo deoo~=~ zn Code of Virginmo S 50.1-3506 (A) (7), at ~,~ rate of one ~o~ ($I.00) on ~o~,, one ,,~,~~ dollar° ~~ of assessed valuation thereof. Sec 11 ~mount -~ Le%-f ~,, ~=~tazn Computer .... = ..... -,, ,=,...,..,..,.,_,~,=,,,..= wzth Sectzon 58.1-3506 k~) (9) of the ~= of ....... l=v~=d and CO = Virgzn~, the~= o~olI b= ---~-- II cted for general purpoo=o for the calendar year~ taxes on all computer hardware used by 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 businesses primarily engaged in providing data processing services to other nonrelated or nonaffiliated businesses, not exempt from t=~==~u~, at the rat= of three dollar° and o=v=~,=y cento ($3.70) on of es ed valuation ~hezeof Sec. 12. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. In accordance with Sections 58.1-3506 (A) (10), (A) (26), and (A) (27) of the Code of Virginia, there shall be ievled and collected for general purposes for the calendar year 2004 taxes on all privately owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millzonth of one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 13. Amount of Levy on Privately Owned Camping Tramlers, Privately Owned Travel Trailers, and Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers. In accordance with Sections 58.1-3506(A) (16) and (A) (28) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2004 at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property- (a) all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia, and privately owned travel trailers as defined in Code of Virginia § 46.2-1900, which are used for recreational purposes only; and (b) przvately owned 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 trailers as defined in ~ 46.2-100 of the Code of Virginia that are designed and used for the transportation of horses. Sec. 14. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. In accordance with Section 58.1-3506 (A) (17) of the Code cf Virginia, there shall be a reduced tax, levied and collected for general purposes for the calendar year 2004 at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who zs blind, or who zs permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or classified by the Department of Veterans' Affairs as to meet he requirements of Section 58.1-3506 (A) (17), and that his or her disability is service connected. For purposes of this ordinance, a person is blind if he or she meets the provisions of Section 46.2-739 of the Code of Virginia. 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 v=,.~= .=~.. CO0 Pounds Viz-~in~, ~e~e shall De levzed and collected ~or the calendar year 2~ t~.=o ~ - uu~ u~ motor vehi~=o, --- ' .... ' 'ght - ....... : &---- 2 1 --wzth ~ groso ve,,zcle we~ of IO,O ir, interstate co~erce at the rate of one dollar {$I.00} on each one ~,u~==d dollars ($I00) of ~oo=osed valuation Sec. 16. ~ount of Le~ on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five Years of Age or ~yone Found to be Pe~anently and Totally Dis~led. a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied at the rate of three dollars ($3.00) on each one hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least sixty-five years of age or anyone fund to be permanently and totally disabled, as defined Section 58.1-3506.3 of the Code of Virginia, sub~ ect to the following conditions- 1. The total combined income received, excluding the first $7,500 of income, from all sources during calendar year 2003 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000) . 2. The owner's net financial worth, ~ncluding the present value of all equitable interests, as of December 31 of 199 200 201 2O2 203 204 2O5 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 calendar year 2003, excluding the value of the prznczpal reszdence and the land, not exceeding one (1) acre, upon which situated, shall not exceed seventy thousand dollars ($70,000). 3. Ail income and net worth limitations shall be computed by aggregating the income and assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under thzs ordinance, irrespective of how such motor vehicle may be titled. b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or zf ezther spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied. Sec. 17. Assessed Value Determination. In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia Beach. Sec. 18. Severability. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such declszon shall not affect Lne validity of the remaining portions of this ordinance. Sec. 19. Effective Date. This ordinance shall be effective on January 1, 2004. 223 224 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. 225 226 Requires an affirmative vote by a ma3orz~y of ~he members of City Council. CA8805 F: \Users \CBuringa \WP\WORK\budgetord\ taxperproord, wpd R-4 April 28, 2003 l0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO TELECOMMUNICATIONS TAX BY SIMPLIFYING THE TAX STRUCTURE FOR COMMERCIAL CUSTOMERS AND INCREASING THE E-911 TAX SECTION AMENDED' ~ 35-254 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That section 35-254 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read as follows' Sec. 35-254. Imposed. (a) Pursuant to section 58.1-3812 of the Code of Virginia, as amended, there is hereby imposed and levied on every taxable purchase by a consumer of local telecommunication service, when such consumer's service address is located in the city, a tax at a rate equal to twenty (20) percent of the monthly gross charge to the consumer of such service; provided, however, that this tax shall not be applicable to any amount so charged in e×ces$ fifteen dollars ($15.00) per month for each residential consumer. (b) Pursuant to section 58.1-3812 of the Code of VirgInia, as amended, there is hereby imposed and levied on every taxable purchase by a consumer of mobile local telecommunication service, when such consumer's service address is located in the city, a tax at a rate equal to ten (10) percent of the monthly gross charge to the consumer of such service; provided, however, that this tax shall not be applicable to any amount so charged in excess of thirty dollars ($30.00) per month for each mobzle service consumer. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (c) With respect to commercial consumers of local telecommunication service, the tax shall be twenty (20) percent on ~ charges for local telephone telecommunication service,-~ =~ u=~=~ o==v~=o provided ~n connection wzth local telephone service shall be taxed at four {4) percent. The tax imposed by this section shall not be applied to any portion of a monthly charge for any single telephone utility telecommunication service to a commercial or industrial consumer that exceeds five hundred dollars ($500.00). (d) Pursuant to section 58.1-3813.1 of the Code of Virginia, as amended, in addition to the taxes imposed by subsections (a), (b) and (c) of this section, there is hereby imposed and levzed on every consumer of telephone service or services provided by any corporation subject to the provisions of Title 58.1, Chapter 26 (section 58.1- 2600 et seq.) of the Code of Virginia), a tax for Enhanced 9-1-1 service in the amount of on= =ozlar=~u nznety-fzve cents ($1.95) two dollars and twenty cents ($2.20) per month. The amount of this tax shall increase to two dollars and forty cents 45 46 47 48 (~2.40) per month on July 1, 2004, and it shall zncrease to two dollars and sixty cents ($2.60) per month on July 1, 2005~ ~. The tax imposed by this subsection (d) shall not apply to any local telephone service where a periodic bill is not rendered. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. CA-8782 F: \Users \CBuringa\WP\WORK\budgetord\35-254 ord. wpd R-5 May 5, 2003 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO YARD WASTE CONTAINERS BY ESTABLISHING A 3 TWENTY-FIVE DOLLAR FEE 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That section 31-35 of the Code of the City of Virginia Beach, 7 Virginia is hereby amended and reordained to read as follows: 8 Sec. 31-35. Use of yard waste containers. 9 The city shall make available to those homeowners who are 10 residents of the city a yard waste container~ which shall be picked 11 up and delivered by city employees. There shall be a fee of twenty 12 five dollars ($25.00), which shall be paid to the city before the 13 container is delivered, for the use of a yard waste container for 14 a 24-hour period. The city employees shall deliver and place the 15 yard waste container on the property of the homeowner of an 16 occupied dwelling who has requested the yard waste container. 17 Deliveries made on Fridays shall be picked up on Monday. Prior to 18 delivery of the yard waste container, the homeowner shall sign a 19 statement which shall state: 20 (1) That he is not a contractor and that his need 21 arises from his homeownership; 22 (2) That the yard waste container shall only be used 23 for tree limbs, leaves, shrubbery, grass trimmings 24 and yard debris; 25 (3) 26 27 28 (4) 29 30 (5) 31 32 33 34 (6) 35 36 37 38 (7) 39 40 41 42 That he will not place hazardous waste, stumps, building and construction materials or other bulky items within the yard waste container; That he will not fill the load above the top of the container; and That he will release the city from liability for any damages resulting from city equipment or personnel being on private property to deliver or remove the yard waste container. That he will be responsible for any injuries and/or damages that result to lndlvlduais uszng ~ne container or directly to the container wh~le being used by the homeowner. That he will reimburse the city for any costs associated with the handling and disposal of any material or items placed in the yard waste container in violation of any of the provisions of this section. 44 The effective date of this ordinance shall be July t, 2003. 45 Adopted by the Council of the City of V~rgznla Beach, Virginia, on this 13th day of May, 2003. CA-8776 F: \Users \CBur znga \WP \WORK\budgeto rd\ 31 - 0 3 5ord. wpd R-2 April 25, 2003 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO PARKING BY INCREASING THE FINE FOR FIRE LANE PARKING VIOLATIONS SECTION AMENDED: § 21-364 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-364 of the City Code is hereby amended and reordained to read as follows: Sec. 21-364. General parking prohibitions; penalties for violation. (a) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) Within fifteen (15) feet of a fire hydrant. (2) Within any designated fire lane. (3) At any place so as to block any fire depar~men~ connection. (4) Within fifteen (15) feet of the drzveway entrance to any fire station and, on the side of a street opposite the entrance to any fire station, within seventy-five (75) feet of the entrance, when properly signposted. (5) Within fifteen (15) feet of the entrance to a building housing rescue squad equipment or ambulances, provided such buildings are plainly designated. (6) In front of a public or private driveway. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 (7) Within an intersection. (8) On the roadway side of any vehicle parked at the edge or curb of a street (double parking). (9) Upon any bridge or other elevated structure upon a street or highway or within a tunnel. (10) On the left-hand side of roadway of a two-way street. (11) At any place so as to impede or render dangerous the use of any street or highway. (b) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) On a sidewalk. (2) On a crosswalk. (3) Within twenty (20) feet of a crosswalk at an intersection; provided, however, that where there is no crosswalk at an intersection, no person shall so park a vehicle within twenty (20) feet from the intersection of curb lines or, if none, then within fifteen (15) feet of the intersection of property lines. (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway. 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 (5) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing. (7) Alongside or opposite any street excavation or obstruction, when such parking would obstruct traffic. (8) At any place where official signs prohibit, reserve or restrict parking. (9) In a residential or apartment district (area), if such vehicle is a commercial vehicle in excess of twenty feet in length and/or seven (7) feet in height. This restriction shall not apply to commercial vehicles parke~ while engaged in the normal conduct of bus,ness or ~n the delivery or provision of goods or services ~n a residential or apartment district (area). (10) At any place so as to prevent the use of a curb ramp located on public property or on privately owned property open to the public. (11) At any place, angle parked or perpendicular to a curb, unless street markings permit. 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 (12) On any street or highway or any city parking lot, displaying a sign or lettering indicating that the vehicle is offered for sale or rent. (c) No person shall park on any street or highway, or on any city parking lot, any vehicle which fails to display one (1) or more of the following: (1) A valid state vehicle safety inspection decal. (2) Valid state license plates. (d) (~) When a notice or citation is attached to a vehicle found parked in violation of any provision of this section, the owner of the vehicle may, within fourteen (14) calendar days thereafter, pay to the city treasurer, in satisfaction of such violation, a penalty of fifteen dollars ($15.00), for a violation of any provision of subsection (a) or (c), except (a) (2), or ten dollars ($10.00) for a violation of any provision of subsection (b), for each hour or fraction thereof duriug %~hic? ~ vehicle was unlawfully parked. Such payment shall constitute a plea of guilty of the violation ~ question. If such payment is not postmarked or received by the city treasurer within fourteen (14) calendar days after T~-pT issuance of such notice or citation, the penalty shall be thirty dollars 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 ($30.00) for a violation of any provision of subsection (a) or (c) of this section~ except (a) (2), and twenty dollars ($20.00) for a vzolat~©~ of any provision of subsection (b) of this section. (2) For violations of subsection (a) (2), the penalty shall be fifty dollars ($50.00) if paid to the city treasurer within fourteen (14) days after the notice or citation is issued, and if payment is not postmarked or received by the city treasurer within fourteen (14) days after issuance of the notice or citation, the penalty shall be one hundred dollars ($100.00). (e) The failure of any owner to make payment in accord with subsection (d) above or present the notice or citation for a violation of this section at an office of the city treasurer for certification to the general district court, within thirty (BO) days, shall render such owner subject to a fine of not more than fifty dollars ($50.00) in addition to the penalty prescribed by subsection (d). The effective date of this ordinance shall be July 1, 2003. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. CA-8807 cburinga\work\budgetord\21-364ord.wpd R2 April 30, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND THE SUBDIVISION REGULATIONS PERTAINING TO FEES FOR PRELIMINARY SUBDIVISION PLAT REVIEW SECTION AMENDED: ~ 8.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 8.1 of the Subdivision Regulati©Ds ~s %ereby amended and reordained to read as follows' Sec. 8.1. Plat fees. (a) At the time preliminary subdivision plats are submitted, the following fees shall be due and payable' (1) Residential two (2) lot plats- Two ~hundred eighty dollars ($280.00) Three hundred thirty-six dollars ($336.00). (2) Residential three (3) to five (5) lot plats' ................... Eight hundred forty dollars ($840.00) plus one hundred ~ sixty-eight dollars ($140.00) ($168.00) per lot. (3) Residential six (6) or more lot plats- Nine ,,~,,=t~ dollar° ($~v.~) One thousand one hundred eiqhty-_ eight dollars ($1,188.00) plus ~ seven dollars {$6.00) ($7.00) per lot after the first five (5) lots. (4) Nonresidential plats' ~ne ~u~==~ =~3-f~ve ($905.00) One thousand one hundred eiqhty-two dollars ($1,182.00) plus forty-two fifty-one dollars {$42.00) ($51.00) per lot. 26 27 28 29 3O (5) As an exception to the above, there shall be no preliminary subdivision review fee for residential lot plats in the AG-1 and AG-2 Agricultural Districts where standard conditional use permit fees have been paid. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. 33 34 35 36 37 CA-8791 F: \Users\CBurlnga\Wp\Work\budgetord\appb8. lord. wpd RI March 25, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND THE SITE PLAN ORDINANCE PERTAINING TO FEES FOR SITE PLAN REVIEW SECTION AMENDED' ~ 3.2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 3.2 of the Site Plan Ordinance is hereby amended and reordained to read as follows- Sec. 3. Procedures. . . · 3.2. Procedure for site development plan approval: A.1. The developer shall cause to be prepared a site development plan with other material as set forth in sections 4 and 5. A.2. At the time the site development plan is presented, the following fees shall be due and payable: (a) Residential site plan for two (2) or more idenc E'ght ~ ........ d = ...... =~ ....... ~ ..... ($845.00) One thousand fourteen dollars ($1,014.00) plus twenty-five dollars ($25.00) thirty dollars ($30.00) per unit after the first five (5) residential units. (b) Nonresidential site plan' One thousand ~ three hundred ~ fifty-six dollars {$I,130.00) ($1,356.00) plus eight-five dollars ($05.00) one hundred two dollars ($102.00) per acre. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO THE FEE TO AMEND, SUPPLEMENT OR CHANGE THE REGULATIONS, DISTRICT BOUNDARIES OR CLASSIFICATIONS OF PROPERTY AND TO ADOPT A FEE FOR THE RECONSIDERATION OF PROFFERED CONDITIONS SECTION AMENDED' ~ 107 OF THE CZO WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA· That Section 107 of the City Zoning Ordinance is hereby amended and reordained to read as follows' Sec. 107. Amendments. · · · (g) Fee. A petition of any property owner to amend, supplement or change the regulations, district boundaries, or classification of property shall be accompanied by a fee in the amount of ~ nine hundred seventy-five dollars {$575.00) ($900.00) plus ten dollars ($10.00) per acre for each acre or part thereof over one hundred (100) acres. A petition of any property owner for a reconsideration of proffered conditions shall be accompanied by a fee in the amount of two hundred dollars ($200.00) . 26 27 28 29 30 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. CA-8799 F: \Users\CBurlnga\Wp\Work\budgetord\czol07ord.wpd RI March 25, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO THE FEE ?OB CONDITIONAL USE PERMIT APPLICATIONS AND TO ADOPT A FEE FOR THE RECONSIDERATION OE CONDITIONS SECTION AMENDED: ~ 221 OF THE CZO WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That Section 221 of the City Zoning Ordinance is hereby amended and reordained to read as follows- Sec. 221. Procedural requirements and general standards for conditional uses. (b) Fees. The application shall be accompanied by the following fees to cover the costs of processing the application and publication of the notice of public hearing: Six Eight hundred twenty-eight dollars ($620.00) ($800.00) for all applications except applications submitted by a nonprofit organization or for a home occupation under section 234 of this ordinance. The fee for such applications shall be one hundred th~ fifty dollars ($130.00) ($150.00). An application to reconsider existing conditions shall be accompanied by a fee of two hundred dollars ($200.00). 27 28 29 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. CA-8798 F: \Users\CBuringa\Wp\Work\budgetord\czo221ord.wpd R1 March 25, 2003 10 11 12 13 14 AN ORDINANCE TO AMEND THE SUBDIVISION REGULATIONS PERTAINING TO FEE FOR SUBDIVISION VARIANCE APPLICATIONS SECTION AMENDED: ~ 8-3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-3 of the Subdivision Regulations is hereby amended and reordained to read as follows: Sec. 8.3. Subdivision variance fees. Any appeal for a variance shall be accompanied by the following fees to cover the costs of processing the appeal and publication of the notice of public hearingvl From the effective date of this ordinance [July 2, 1990] ~ five hundred ~ twenty-five dollars ($403.00) ($525.00). 15 16 17 18 19 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. CA-8797 F: \Users\CBuringa\WP\WORK\budgetord\appb8-3ord. wpd RI - March 25, 2003 10 11 12 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE FEE TO CONSTRUCT, ALTER OR REPAIR LANDINGS, DOCKS AND SIMILAR STRUCTURES SECTION AMENDED: § 6-138 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-138 of the City Code is hereby amended and reordained to read as follows: Sec. 6-138. Fee. The fee for a permit required by this article shall be based on th cost of the work, ~ provided ~n o=~on 8-31 of th~ ~= with ---= ............. ~'-'~ .... ======~,~= =u uu~u~o one hundred dollars ($100.00). 13 14 15 16 17 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. CA-8796 F: \Users \CBuringa\Wp\Work\budgetord\06-138ord. wpd R1 - March 25, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO FEES FOR BUILDING PERMITS, REINSPECTIONS AND CERTIFICATES OF OCCUPANCY SECTION AMENDED: ~ 8-31 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 8-31 of the City Code is hereby amended and reordained to read as follows- Sec. 8-31. Permit fees--Building permits. (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any building or structure as defined in the Virginia Uniform Statewide Building Code without first obtaining a building permit therefor and paying the permit fees set forth in this section. (b) The minimum fee for any building permit shall be twenty-five thirty dollars ($25.00) (~30.00). (c) For the construction of any building or addition thereto where the floor area is increased and for the installation or erection of any industrialized building unit, the fee shall be based on the floor area to be constructed, as computed from exterior building dimensions at each floor, as follows' · · · (16) Reinspection fee' There shall be a minimum of thirty-five fifty dollars ($35.00) ($50.00) additional fee charged for each reinspection. (17) Appeal' The fee for submitting an appeal to the board of building code appeals shall be one hundred 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 dollars ($100.00). Such fee shall be paid by the appellant. (18) Change of use/certificate of occupancy for existing structure(s): a. The minimum fee for the inspection of any new construction or existing structure requested by the permit holder shall be twenty-fzve fifty dollars ($25.00) ($50.00) for each inspection. b. The minimum fee associated with a change of use or request for a certificate of occupancy for an existing structure or structures on the same property shall be f~ seventy-five dollars ($50.00) ($75.00). 44 45 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. 46 47 48 CA-8795 F: \Users\CBuringa\WP\WORK\budgetord\08-031ord.wpd R1 - March 25, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO FEES FOR ELECTRICAL PERMITS AND SPECIAL CONDITION ELECTRICAL PERMITS SECTION AMENDED' ~ 8-34 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 8-34 of the City Code is hereby amended and reordained to read as follows' Sec. 8-34. Same--Electrical permits. (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in ==issection~ this section. (b) There shall be charged a minimum fee of thirty dollars ($30.00) for each permit issued. (c) For a permit issued for a temporary servzce, such as a trailer, house meter or meter loop added to an existing servzce, the fee shall be thirty dollars ($30.00). (d) For a permit for any special condition, such as ann including temporary electrical release for construction purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the like, the fee shall be a minimum of twenty-five thirty fifty dollars ($30.00) ($50.00). The fee for a permit for prefabricated buildings for out-of-city use shall be twenty-five thirty dollars ($30.00). (e) For a permit issued for original construction, the following fees include all equipment outlets only if spec~fzcally 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 listed on the application and installed by the permit holder before the final inspection, such fees being based on the maximum current carrying capacity of each set or subset of service conductors installed, to the nearest fifty (50) amperes: (1) Single-phase: Twenty-five Thirty dollars ($25.00) ($30.00) plus twenty dollars ($20.00) for each fifty (50) amperes. (2) Three-phase' Seventy-five Eighty dollars ($75.00~ ($80.00) for the first fifty (50) amperes plus twenty dollars ($20.00) for each additional fifty (50) amperes. When services are increased or phases added, the fee shall be one-half the rate above, plus the added equipment fee. For fee purposes, the service-panel nameplate amperage rating shall be used. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. CA-8794 F: \Users\CBurlnga\WP\WORK\budgetord\08-034ord. wpd RI - March 25, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO FEES FOR PLUMBING PERMITS SECTION AMENDED: § 8-32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-32 of the City Code is hereby amended and reordained to read as follows: Sec. 8-32. Same--Plumbing permits. (a) The fee for a permit for plumbing work, as required by the building code, shall be twenty-five thirty dollars ($30.00) and, in addition thereto, the following: (1) Each plumbing fixture, floor drain or tap: Six dollars ($6.00). (2) Each house sewer connection: Twenty-five doliars ($25.00). (3) Each house water connection: Twenty-five dollars ($25.OO). (4) On-site sanitary sewer collector lines: one building--twenty-five dollars ($25.00), two (2) or more buildings--fifty dollars ($50.00) for each building. (5) On-site potable water distribution lines: one building--twenty-five dollars ($25.00), two (2) or more buildings--fifty dollars ($50.00) for each building. (6) Public utilities ultra low flush toilet program: Twenty-five dollars ($25.00) for the f~rst three 26 27 28 29 3O 31 32 33 34 35 36 toilets plus five dollars ($5.00) for each toilet over three (3). (b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and charges provided for in chapters 28 and 37 of this Code. (c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid therefor, an administrative fee of one hundred dollars ($100.00) per unmt shall be added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. 37 38 39 40 41 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. CA-8793 F: \Users\CBuringakWP\WORK\budgetord\08-032ord.wpd RI - March 27, 2003 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO FEES FOR MECHANICAL, LIFE SAFETY AND GAS PERMITS SECTION AMENDED: ~ 8-33 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-33 of the City Code is hereby amended and reordained to read as follows: Sec. 8-33. Same--Mechanical, life safety, elevator and gas permits. (a) The minimum fee for the installatzon or replacement of mechanical/life safety systems or equipment shall be twenty-five thirty dollars ($25.00) ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value er fractien thereef. (b) The minimum fee for the installatien ef gas outlets fer a gas piping system shall be twenty-five thirty dollars {$25.00) ($30.00) plus four dollars ($4.00) for each outlet. (c) The minimum fee for the relocation of a gas meter shall be thirty dollars ($30.00) . (d) For annual inspections of elevators and escalators, the f-e~4-ramz~ fees shall be as follows: (1) Annual safety test and inspection: a · b . c . d , Tractor/cable elevator--S100.00. Hydraulic elevator--S100.00. Freight elevators--S100.00. Escalator--S100.00. 27 28 29 30 31 32 33 34 (2) Five-year full rate load safety test and inspection: a. Tractor/cable elevators--S100.00. (e) On any mechanical, life safety, elevator or gas work commenced before a mechanical permit has been issued and the requisite fee paid therefor, an administratzve fee of one hundred dollars ($100.00) per unit shall be added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. 35 36 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13TM day of May, 2003. 37 38 39 40 CA-8792 F: \Users\CBuringa\Wp\Work\budgetord\08-033ord.wpd RI March 25, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO REVISE THE REVENUE SOURCES FOR THE MAJOR PROJECTS SPECIAL REVENUE FUND WHEREAS, by ordinance adopted May 15, 2001 (ORD-2641H), the City Council established that eighty percent (80%) of the revenues generated from the levy of the admissions tax that accrue in the Tourism Growth and Investment Special Revenue Fund are to be redirected to the Major Projects Special Revenue Fund; and WHEREAS, it is necessary to correct this ordinance to provide that the sources of these revenues include the tax on participatory sports. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' 1. That Ordinance # ORD-2641H, adopted on May 15, 2001, is hereby amended, as follows: 2. That, subject to appropriation, eighty percent (80%) of the revenues generated from the levy of the admissions tax, excluding including the tax on participatory sports, that accrue in the Tourism Growth and Investment Special Revenue Fund shall be redirected to the Major Projects Special Revenue Fund. 26 27 2. That the provisions of this ordinance are effective retroactively to May 15, 2001. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. CA-8777 F: \Users\CBuringa\Wp\Work\budgetord\correctrevenueord.wpd R-5 May 5, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO AMEND THE CITY CODE BY ADDING A SECTION PROVIDING FOR THE ASSESSMENT OF COURT COSTS TO SUPPORT THE LOCAL CRIMINAL JUSTICE ACADEMY SECTION ADDED: ~ 1-12.3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 1-12.3 of the City Code is hereby added to read as follows: Sec. 1-12.3 Assessment of court costs to support local criminal justice academy. (a) An additional fee of five dollars ($5.00) to support the city's criminal justice academy is hereby imposed in every case In which costs are assessable pursuant to Code of Virginia §§ 16.1- 69.48:1, 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1- 275.7, 17.1-275.8, or 17.1-275.9. The clerks of the district and circuit courts shall charge and collect this assessment as a part of the fees taxed as costs. (b) After collection by the clerk of the court in which the case is heard, the assessment shall be remitted to the c~ty treasurer and held subject to appropriation by the city council to support the city's criminal justice academy. BE IT FURTHER ORDAINED that this ordinance shall be effective 24 on July 1, 2003. 25 26 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13t~ day of May, 2003. CA-8857 DATA/ORDIN/PROPOSED/01-12.3ord.wpd R3 May 6, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND THE LANGUAGE OF THE CITY CODE PERTAINING TO THE WORK WEEK SECTION AMENDED' ~ 2-101 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That section 2-101 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read as follows' Sec. 2-101. Definitions. For the purposes of this division, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them in this section: Class: A grouping of jobs having similar duties and responsibilities, requiring similar knowledge, skills and abilities, and demanding similar qualifications so that the jobs may be appropriately titled and described, and the employees performing such jobs may be equally compensated. Full-time employee' A city employee who is scheduled to actually work thirty-seven and one-half (37 1/2) forty (40) hours or more per consecutive workweek. Part-time employee' A city employee who is scheduled to actually work less than thirty-seven and one-half (37 1/2) forty (40) hours per consecutive work week, or a city employee who is ly ' scheduled to actual work thzrty-seven ........ ~-~= '~ ~ '~' forty (40) hours per consecutive work week for less than fifty-two (52) consecutive weeks. 26 27 28 29 30 31 32 33 Permanent employee: A full-time city employee who has completed the required probation period as provided in section 2- 108. Probation employee: A full-time city employee who is has not completed the required probation period as provided in section 2- 108. Range: The minimum through maximum salary levels assigned to a class. 34 The effective date of this ordinance shall be July 1, 2003. 35 36 Adopted by the Council of the City of Virginia Beach, V~rg~nla, on this 13th day of May, 2003. CA-8781 F: \Users \CBurlnga\Wp\Work\budgetord\02-10 lord. wpd R-1 April 23, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND SECTIONS 2-104 AND 2-109 OF THE CITY CODE PERTAINING TO CHANGES IN PAY SECTIONS AMENDED' ~ 2-104 and 2-109 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-104 and 2-109 of the City Code are hereby amended and reordained to read as follows' Sec. 2-104. Original employment. (a) Original employment shall be defined as an employee's initial period of continuous employment with the city. The effective date of original employment shall usually be the date on which the employee actually begins work and shall constitute the first day of the probation period. In cases when a city-recognized holiday, weekend, or city manager-designated inclement weather period prohibits the employee from reporting to work on the first day of a pay period, the effective date of original employment shall be appropriately established by the director of b~man resources. (b) An individual beginning employment for the first time shall be placed at the minimum salary of the pay range established for the class in which employed, or at the lowest salary received by any incumbent(s) in such class, whichever is lower; provided, however, that based on a new employee's prior experience, proficiency, or related criteria, a one-time signing bonus may be granted ~v= placement may be accelerated up to twenty (20) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 percent above the minimum salary of the assigned pay range upon written recommendation by the employing authority and approval of the director ~ of human resources. Further acceleration within the assigned pay range may be authorized upon written recommendation by the employing authority, and approval by the director of human resources and the city manager. Sec. 2-109. Changes in pay generally. (a) Administrative increase. An administrative increase shall be defined as ~ two and one-half ~~j or fzve (5) ~=~=~ an increase within the pay range of a class that is awarded · ~' employee displaying exceptionally outstanding meritorious service ~=-==~== exceeds established performance standards based on criteria established by administrative directive. Employees may be recommended for an administrative increase upon submission of a letter of justification by the respective department head to the director of human resources, subject to the approval of the city manager. An administrative increase does not affect the employee's merit date. (b) Merit ~ncrease. A merit increase shall be defzned as a salary increase within the pay range of the class to which the employee is assigned that is awarded based on ~ob performance ~n accordance with the city's performance appraisal program. A formal performance appraisal shall be conducted for each emplcyee on the employee's respective merit date and each succeeding merit date 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 thereafter. Merit increases shall become effective on the employee's merit date as provided in section 2-116 and shall only be awarded to full-time permanent employees. Merit increases shall be prorated if a promotion, career progression, or a change in job duties occurs prior to the merit date. The amount of the merit increase shall be prorated based on the length of time assigned %o the classification during the appraisal period. (c) Administrative decrease. An administrative decrease shall be defined as a two and one-half ~,~/ or five ($) F=~=,~ salary reduction within t~he pay range of a class as disciplinary action resulting from unsatisfactory job performance or misconduct as defined by the applicable administrative directive. An administrative decrease may be recommended at any time and requires a letter of justification submitted by the appropriate department head. This action is subject to approval by the director of human resources and the city manager. Merit dates are not affected by an administrative decrease. The effective date of all administrative decreases will be the first day of the pay period. (d) Market adjustment. A market adjustment shall be defined as a percentage increase to pay ranges on the city's compensation plans that may be provided to employees whose job classification is assigned to an affected pay range. A market adjustment shall be recommended by the city manager and approved by the city council. 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Market adjustments are not dependent on an employee's individual performance within a job class. (e) Shift differential. A shift differential shall be authorized whenever an employee compensated in a classification which is not designated by the director of human resources to require shift work is permanently assigned to work a shift which commences on or between the hours of 3:00 p.m. to 3:00 a.m. Such employee shall receive the equivalent of a five (5) percent increase in his or her normal salary rate for all hours worked during such time period only. Employees assigned to regularly scheduled rotating shift as designated by the director of human resources and the city manager, and employees designated by the director of human resources as "exempt" under the Fair Labor Standards Act, work shall be ineligible under the provisions of this subsection. (f) The city manager is authorized to establish bonus programs to address a variety of needs, includinq recruitment, retention, and performance. Bonuses may be provided to employees in accordance with applicable administrative directives and guidelines. A "bonus" shall be defined as a lump-sum payment to an employee that is not part of the base salary. The effective date of this ordinance shall be July 1, 2003. 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. CA8780 F: \Users\CBurlnga\WP\WORK\cltycode\02-104&109ord.wpd R-5 May 5, 2003 AN ORDINANCE TO AMENDTHE CITY CODE PERTAINING TO THE EA~.MPTION OR DEFERRAL OF REAL ESTATE TAXES FOR ELDERLY OR DISABLED PERSONS BY INCREASING INCOME AND NET WORTH LIMITS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SECTIONS AMENDED: ~ 35-64 AND 35-67 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows: Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc. (a) Either the exemption, deferral or freeze, but not more than one, as provided for in this division shall be granted to persons subject to the following provisions: (1) The title to the property for which exemptIon, deferral or freeze is claimed is held, or partially held, on June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or persons. (2) The head of the household occupying the dwelling and owning title or partial title thereto or either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 immediately preceding the taxable year; provided, however, that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years of age. (3) For the tax exemption programs, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall no~ exceed twenty seven thousand tw~ szx hundred dollars ($27,200.00) (~27,600.00) provided that the first eight thousand five hundred dollars ($8,500.00) of income of each relative, other than a spouse of the owner, who ms living in the dwelling, shall not be included in such total: and provided further that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (4) For the tax freeze program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed forty thousand six hundred dollars ($40,000.00) 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 ($40,600.00); provided that the first eight thousand five hundred dollars ($8,500.00) of income of each relative, other than a spouse of the owner, who is living ~n the dwelling, shall not be included ~n such total; and provided that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (5) For the tax exemption programs, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed one hundred thi-~thirty-one thousand d~r~i-a-r~ nine-hundred dollars ($130,000.00) ($131,900.00). (6) For the tax freeze program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed one hundred~ thirty-one thousand ~l-{-err~ nine-hundred dollars ($130,000.00) ($131,900.00). 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 (7) For the tax deferral program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall exceed fifty-two thousand dollars ($52,000.00) provided that the first eight thousand five hundred dollars ($8,500.00) of income each relative, other than a spouse of the owner, who is living in the dwelling, shall net be included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (8) For the tax deferral program, the net combined financial worth, including equitable interests, as cf December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed one hundred ninety-five thousand dollars ($195,000.00). (9) The dwelling is occupied. 98 Sec. 35-67. Amount of exemption. 99 100 When a person claiming exemption under this division conforms to the standards and does not exceed the limitations contained in 101 this division, the tax exemption shall be as shown on the following 102 schedule- 103 Total income, 104 All Sources Tax Exemption 105 106 $0.00 20,000.00 $0.00 - 20,300.00 100% 107 20,000.01 21,500.00 $20,300.01 - 21,900.00 80~ 108 109 21,500 n~ 23, . · v~ 000 O0 23,000.01 24,500.00 $21, 900.01 - 23,400.00 60% $23,400.01 - 24,900.00 40% 110 24,500.vnI 27,200.00 $24,900.01 - 27,600.00 20% 111 No lien shall accrue as a result of the amount certified as exempt. 112 Be it further ordained that this ordinance shall be effectzve 113 on July 1, 2003· 114 115 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. 116 117 118 CA-8779 F: \Users\CBurlnga\Wp\Work\budgetord\35-064 &67ord. wpd R-2 - April 25, 2003 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2003 AND ENDING JUNE 30, 2004 IN THE SUM OF $1,311,825,979 FOR OPERATIONS AND $468,070,150 IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AS AMENDED 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 WHEREAS, the City Manager has heretofore submztted an Annual Budget for the City for the fiscal year beginning July 1, 2003, and ending June 30, 2004, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating $1,779,896,129 consisting of $468,070,150 in znterfund transfers and $1,311,825,979 for operations, are hereby appropriated subject to the conditions hereinafter set forth for the use of departments, and designated funds of the city government, and for the purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 2003, and ending June 30, 2004, a summary of which is attached to this ordinance as "Attachment A - Appropriations." Section 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in support of Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 5O Revenue in Support of Appropriations attached to this ordinance as "Attachment B - Revenues." Section 3. With the exception of the School Operating Fund, and the Sheriff's Special Revenue Fund, the total of full-time permanent positions shall be the maximum of positions authorized for the various departments of the City during the f~scal year, except for changes or additions authorized by the Council or as hereinafter provided. The City Manager may from time to time increase or decrease the number of part-time or temporary positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefore. The City Manager is further authorized to make such rearrangements of positions within and between the departments as may best meet the needs and interests of the City. Section 4. To improve the effectiveness and efficiencies of the government in service delzvery, the City Counczl hereby authorizes the City Manager or h~s designee to transfer appropriated funds and existing positions throughout the fiscal year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a report each year to the City Council 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 67 68 69 70 71 72 73 74 75 76 identifying the status and progress of any such organizational adjustments. Section 5. Ail current and delinquent collections of local taxes shall be credited to the General Fund and, where appropriate, to any special service district special revenue fund or any tax increment financing funds created by City Council. Transfers shall be made from the General Fund to the respective designated funds to which a special levy is made in the amount of collection for each specially designated fund. Section 6. Ail balances of the appropriations payable out of each fund of the City Treasury at the close of business for the fiscal year ending on June 30, 2004, unless otherwise provided for, are hereby declared to be lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the General Fund Balance, and may be used for the payment of the appropriations that may be made in the appropriation ordinance for the fiscal year beginning July 1, 2004. However, there shall be retained in the General Fund Balance an 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 contingency and emergency situations, not to be used to support appropriations approved in the ordinance for the fiscal year beginning July 1, 2004, except upon subsequent authorization by City Council. Section 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for 3 77 78 79 80 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and Sewer Fund, contributions from non-borrowed funds, on a five- year rolling average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system. Section 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close of the business for the fiscal year ending on June 30, 2004, are hereby declared to be reappropriated into the fiscal year beginning July 1, 2004, and estimated revenues adjusted accordingly. Section 9. No department or agency for which appropriations are made under the provisions of this Ordinance shall exceed the amount of the appropriations except with the consent and approval of the City Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each Approprlatzon Unit included in this ordinance and does not apply to Interfund Transfers. Section 10. The City Manager or the Director of Management Services is hereby authorized to approve transfers of 4 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for Contingencies - Regular, within the intent of the Reserve as approved by City Council. Section 11. Funds in the amount of $400,000 shall be appropriated from the General Fund Balance for the purpose of making a loan or loans to the City of Virginia Beach Development Authority ("Development Authority"). The City Manager shall be authorized to transfer these funds to the Development Authority for this purpose provided that the aggregate amount of all such transfers does not exceed $400,000. Such transfer(s) shall be based upon a specific request by the Development Authority and upon the Director of Management Services' veriflcatzon that the funds are necessary for the Development Authority to malntazn an adequate cash flow. Any such transfer(s) shall be made upon terms and conditions to be determined by the City Manager, and shall be repaid by the Development Authority in an expeditious manner through the sale of land. The City Manager shall make a report to City Council identifying the status of Development Authority finances and any transfers made under this section. Section 12. Funds in the amount of $2,000,000 are hereby appropriated from the General Fund Balance to the Risk Management Internal Service Fund Balance. The City Manager is hereby 129 authorized to transfer these funds to the Risk Management Internal 130 131 132 133 Service Fund, to ensure that the Risk Manaqement Internal Service Fund has sufficient resources to meet anticipated claims, provided that such transfers do not conflict with the provisions of Section 6 of this ordinance. 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 Section 13. The City Manager or the Director of Management Services is hereby authorized to establish and admlnzste~ budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the programs and services adopted by the City Council. Section 14. The City Manager or the Director of Management Services is hereby authorized to change the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, subject to any other provzszon of law, those appropriations to equal the decline zn Estimated Revenue. The City Manager must give prior not~ce to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby authorized 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded debt of the City Government. Section 15. Allowances made from the appropriations made in this ordinance by any or all of the City departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed thirty-two and one half cents ($.325) per mile of actual travel for the first 15,000 miles and f~fteen ($.15) per mile for additional miles of such use within the fiscal year. Section 16. Ail travel expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or 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 the event expense accounts are submitted for "lump-sum" amounts. Section 17. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons responsible for the management of the Appropriation Unit in which the violation occurred. 180 Section 18. This ordinance shall be effective on July 1, 181 182 183 184 2003. Section 19. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining parts of this ordinance. 185 186 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 13th day of May, 2003. 187 Requires an affirmattve vote by a madortty of the members of C~y Counctl CA-8804 F: \Users\CBurlnga\Wp\Work\budgetord\operbudgetord. wpd R-4 May 7, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the United States Congress has established legislation designated as the Housing and Community Development Act of 1974 that sets forth the development of viable urban communities as a national goal; WHEREAS, there is federal assistance available for the support of Community Development and Housing activities directed toward specific objectives, such as eliminating deteriorated conditions in iow and moderate income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock and community services, along with other related activities; and WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created the necessary mechanisms for its implementation in compliance with federal and local directives. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to submit the City's FY 2004 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and assurances contained therein 26 27 28 and such additional information as may be required, to the Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. 29 3O Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2003. CA-8778 F: \Users\CBurznga\WP\WORK\budgetord\fundplanord.wpd R-1 March 10, 2003 APPROVED AS TO CONTENT: Manag&ment ~ APPROVED AS TO LEGAL SUFFICIENCY' A RESOLUTION APPROVING A COOPERATIVE AGREEMENT BE TWEEN THE C I TY OF VIRGINIA BEACH AND THE COMMONWEALTH' S ATTORNEY FOR THE PROSECUTION OF MISDEMEANOR OFFENSES 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, the City Council and the Commonwealth's Attorney wish to consolidate the responsibilities for the prosecution of misdemeanor offenses in the Office of the Commonwealth's Attorney and ensure that the Commonwealth's Attorney has sufficient resources to carry out this responsibility. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the ~Cooperative Agreement Between the City of Virginia Beach and the Commonwealth's Attorney for the City of Virginia Beach Pertaining to the Prosecution of Misdemeanors" is hereby approved, and the City Manager is hereby authorized to sign this Agreement. 2003. · That this resolution shall be effective on July 1, Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of May, 2003. CA-8869 ORDIN\NONCODE\misdres.wpd R-2 - April 30, 2003 APPROVED AS TO LEGAL SUFFICIENCY: Attorney COOPERATIVE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE COMMONWEALTH'S ATTORNEY FOR THE CITY OF VIRGINIA BEACH PERTAINING TO THE PROSECUTION OF MISDEMEANORS Factual Background: 1. In accordance with Virginia Code § 15.2-1542(D), City Council has authorized the City Attorney to prosecute criminal cases charging either the violation of City ordinances, or the commission of misdemeanors within the City, and the Commonwealth's Attorney has concurred with this authorization. 2. With this authorization of City Council and the Commonwealth's Attorney, the City Attorney has historically prosecuted all City misdemeanor charges on appeal to the circuit court (currently approximately 6000 charges per year), as well as prosecuting misdemeanor traffic and criminal offenses in general district and juvenile and domestic relations courts when requested by the Police Department, individual police officers, or the school administration. In addition, the City Attorney has emphasized prosecutions for driving under the influence violations, ensuring the presence of a prosecutor in the district courts to handle complex cases and all second offense charges. 3. The Commonwealth's Attorney for the City of Virginia Beach is a constitutional officer, and the duly elected criminal prosecutor of the City of Virginia Beach. In addition to the duties and powers imposed upon him by general law, the Commonwealth's Attorney is also specifically authorized by Virginia Code § 15.2-1627 to prosecute Class I, II and Ill misdemeanors. Objectives: The objectives of the City Council and the Commonwealth's Attorney are to consolidate the responsibilities for prosecution of criminal offenses in the Office of the Commonwealth's Attorney, maintain existing levels of prosecution assistance for police officers, and to transfer positions from the City Attorney's Office to the Office of the Commonwealth's Attorney, that, along with necessary office space and equipment, will enable performance of these responsibilities. Affreement: 1. Effective July 1, 2003, or as soon thereafter as feasible, the City Attorney will no longer prosecute misdemeanors as a regular function, except as otherwise described in this Agreement. The City Attorney shall handle any cases appealed to the Virginia Court of Appeals or Supreme Court. 2. Effective July 1, 2003, or as soon thereafter as feasible, the Commonwealth' s Attorney will prosecute appeals of City Code misdemeanors in circuit court. In the district courts, the Commonwealth's Attomey wall provide the same level of assistance previously provided by the City Attorney, as referenced in paragraph 2 of the "Factual Background" section of this Agreement. In implementing this Agreement, due consideration will be given for the time required for advertising, interviewing and selecting the attomeys and staff for vacant positions that must be hired by the Commonwealth's Attorney, which will result in a total of eight additional employees (7.5 FTEs), with two of these positions being funded from Commonwealth's Attorney asset forfeiture funds. 3. Effective July 1,2003, the City will transfer and assign three full- time attorney positions, and two full-time and one part-time (half-time) staff positions, to the Commonwealth's Attorney. 4. The Commonwealth's Attomey authorizes the City Attomey to continue prosecuting misdemeanor charges in general district court and circuit court when requested by the Planning Department, Department of Housing and Neighborhood Preservation, Department of Public Works, Commissioner of the Revenue, Treasurer, Environmental Crimes Task Force, Wetlands Board or Chesapeake Bay Preservation Area Board, and other matters as specifically authorized by the Commonwealth's Attorney. Furthermore, the City Attorney shall handle any appeals of such matters to the Virginia Court of Appeals or Supreme Court. 5. This Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement by which to establish the relative responsibilities of the City Attorney and the Commonwealth's Attorney for criminal prosecutions in the City of Virginia Beach. It shall remain and continue in effect from year to year, from July 1 through June 30, until formally modified or terminated by the parties. CITY OF VIRGINIA BEACH By: James K. Spore, City Manager COMMONWEALTH'S ATTORNEY CITY OF VIRGINIA BEACH Harvey L. Bryant, III F.~Data~a, TY~Ordan~ONCODE\coopagm~sappeal 1 wpd - 35 - Item V-J. 5. a-c RES OL UTIONS/ORDINANCES ITEM # 51178 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Wilson, Ctty Counctl ADOPTED, Ordtnances re FY 2003-04 Capital Budget to AUTHORIZE the Issuance of General Obligation Bonds tn the maxtmum amount of $61,900,000 for vartous pubhc facthttes and general tmprovements b. AUTHORIZE the Issuance of Storm Water Utility System Revenue Bonds tn the maxtmum amount of $580,000 FUNDING the FY 2004-09 Capttal Budget (CIP) to APPROPRIATE $181,611,308for the FY 2004 Capttal Budget subject to funds bemg provtdedfrom vartous sources set forth heretn Votmg 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Mayor Oberndorf voted NAY re the restrooms at Croatan Councilman Villanueva voted NAY re the 31~ Street Parking Garage Vice Mayor Jones ABSTAINED on 9.016 (Town Center Infrastructure) and 9.035 (Town Center Pedestrian Bridge) Vtce Mayor Jones has an ownershtp tnterest tn Resource Bank, whtch exceeds three percent of tts total equtty Resource Bank has entered tnto a parttctpatton agreement wtth Monarch Bank for a hne of crecht to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes wtll manage the Town Center for theproject 's developer, Town Center Assoctates Also, Resource Bank ts tn negottatton to lease a new butldtng at the Town Center Council Lady Wilson ABSTAINED on any items re 31~, Street. Counctl Lady Wtlson DISCLOSED her husband ts a prtnctpal tn the accounttng firm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually Goodman and Company has provtded accounttng and tax servtces related to 31st Street and the Beach Quarters Inn The Ctty Attorney has advtsed that she ts requtred to dtsclose any personal tnterest as tt meets the crtterta of a personal tnterest tn the transactton under the Confltct of Interests Act and ts cltsqualtfied from parttctpattng tn thts transactton Counctl Lady Wtlson's letter of Aprtl 9, 2002, ts hereby made apart of the record May 13, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE MAXIMUM AMOUNT OF $61,900,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL IMPROVEMENTS WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general obligation public improvement bonds for various purposes in the maximum amount of $61,900,000, as permitted by the City Charter, without submitting the question of their issuance to the qualified voters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of $61,900,000 and issuing the City's general obligation bonds therefor. 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued public improvement bonds of the City in the maximum amount of $61,900,000, to provide funds, together with other funds that may be available, for various public improvements, including Schools, Roadways, Coastal projects, Economic and Tourism projects, Buildings, and Parks and Recreation projects for project activities 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 that include, but not limited to, the following: preliminary studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site acquisition, relocation of residents, utility relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services, inspection and support services, furniture and equipment, and contingencies. 3. That the bonds may be issued as a separate issue or combined with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 5. That the bonds shall be general obligations of the City for the payment of principal, premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of the Bonds. 51 52 53 54 55 56 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 8. That this ordinance shall be in full force and effective from its passage. 57 58 59 60 Requires an affirmative vote by two-thirds of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on this 13th day of May, 2003. CA-8783 F: \Users \CBurlnga\WP \WORK\budgetord\$ 59.3gobord. wpd R-3 April 29, 2003 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY' rtment/t V AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER UTILITY SYSTEM REVENUE BONDS IN THE MAXIMUM AMOUNT OF $580,000 WHEREAS, the City of Virginia Beach, Virginia (the 8 "City"), desires to authorize the issuance of storm water 9 utility system revenue bonds in the maximum amount of $580,000 10 for financing improvements and expansions to the City's Storm 11 Water utility system (the "System"), as permitted by the City 12 Charter: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1. That it is hereby determined to be necessary and 16 expedient for the City to continue its program of improving and 17 extending the System, which will promote the public welfare of 18 the City and its inhabitants and will facilitate the orderly 19 growth, development, and general welfare of the City, and to 20 finance the costs thereof through borrowing $580,000 and 21 issuing the City's revenue bonds therefor. 22 2. That, pursuant to the City Charter and the Public 23 Finance Act of 1991, there are hereby authorized to be issued 24 storm water utility system revenue bonds of the City in the 25 maximum amount of $580,000 to provide funds, together with 26 other available funds, for financing the costs of improvements 27 and expansions to the System. 28 3. That the bonds shall bear such date or dates, mature 29 at such time or times not exceeding 40 years from their dates, 30 bear interest, be in such denominations and form, be executed 31 in such manner and be sold at such time or times and in such 32 manner as the Council may hereafter provide by appropriate 33 resolution or resolutions. 34 4. That the System is an undertaking from which the City 35 may derive a revenue. The bonds shall be limited obligations 36 of the City, payable as to principal, premium, if any, and 37 interest solely from the revenues derived by the City from the 38 System, and shall not be included within the otherwise 39 authorized indebtedness of the City. The bonds shall not be 40 deemed to create or constitute an indebtedness of, or a pledge 41 of the faith and credit of, the Commonwealth of Virginia or of 42 any county, city, town, or other political subdivision of the 43 Commonwealth, including the City. The issuance of the bonds 44 and the undertaking of the covenants, conditions, and 45 agreements to be contained in resolutions to be adopted or 46 agreements to be entered into hereafter shall not directly, 47 indirectly, or contingently obligate the Commonwealth, the 48 City, or any other political subdivision of the Commonwealth to 49 levy and collect any taxes whatsoever or make any appropriation 50 therefor except from the revenues pledged to the payment of the 51 principal of and premium, if any, and interest on the bonds. 52 5. That such resolutions to be adopted and agreements to 53 be entered into hereafter authorizing the issuance of the bonds 54 and providing the details thereof shall contain appropriate 55 covenants requiring the City to fix, charge, and collect such 56 rates, fees, and other charges for the use of and the services 57 furnished by the System and to revise the same from time to 58 time and as often as shall be necessary so as to produce 59 sufficient net revenues to pay principal of and premium, if 60 any, and interest on the bonds as the same become due and to 61 provide a margin of safety therefor. Such resolutions and 62 agreements shall also include such additional covenants, 63 agreements, and other terms as are customary for the protection 64 of the holders of storm water revenue obligations. 65 6. That the City Clerk is directed to make a copy of this 66 ordinance continuously available for inspection by the general 67 public during normal business hours at the City Clerk's off~ce 68 from the date of adoption hereof through the date of the 69 issuance of the bonds. 70 7. That the City Clerk, in collaboration with the City 71 Attorney, is authorized and directed to immediately file a 72 certified copy of this ordinance with the Clerk of the Circuit 73 Court of the City of Virginia Beach. 74 8. That this ordinance shall be in full force and effect 75 from its passage. 76 Adopted by the Council of the City of Virginia Beach, 77 Virginia on this 13th day of May, 2003. CA-8866 F: \Users\CBuringa\Wp\Work\Storm Water Utlllty Bonds. doc R-1 - April 29, 2003 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Servic~ ~ ~ity Atto~n~'y~ / ~/ - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO ADOPT THE FY 2004/FY 2009 CAPITAL IMPROVE~IENT PROGRAM ANDTO APPROPRIATE $181,611,308 FOR THE FY 2004 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN WHEREAS, the City Manager, on April 1, 2003 presented to City Council the Capital Improvement Program for fiscal years 2004 through 2009; WHEREAS, City Council held public hearings on the program to provide for public comment; WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital Improvement Program; and WHEREAS, it is necessary to appropriate funds for. both existing projects and projects beginning in the 2004 fiscal year, as set forth in said Capital Improvement Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital facilities identified for fiscal years 2004 through 2009 is hereby adopted, and the pro3ects listed therein are hereby approved as capital projects. Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 deleted, altered, or rescheduled in any manner at any time by City Council. Section 3. That funds in the amounts aggregating $181,611,308 for capital projects in the Capital Budget for the 2004 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A - Capital Budget Appropriations," a copy of which is attached hereto. Section 4. That in accordance with Section 2-196 of the City Code, Financing Sources in support of the Capital Budget for the 2004 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment B - Financing Sources." Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital Improvement Program and reallocated as identified in "Attachment C - Transfers," a copy of which is attached hereto. Section 6. That additional appropriations and the addition of capital projects shall not be initiated except with the consent and approval of the City Council first being obtained, and an appropriation for a project in the Capital Improvement Program shall continue in force until the purpose for which it was made has been accomplished or abandoned. 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000 between capital projects within a project class as may best meet the needs of the City.' The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is hereby authorized to establish and administer the budgeting of capital projects consistenf with best management practices, reporting requirements and the Capital Improvement Program adopted by the City Council. Section 9. That the City Manager or the Director of Management Services is hereby authorized to change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects included in this ordinance to reflect effective utilization of the financing sources. If the financing sources in support of capital projects decline, the City Manager or the Director of Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, those appropriations to equal the 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 changed financing source. The City Manager must give prior notice to the City Council of any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation reduction and the capital I projects affected. The accounting records of the City will be maintained in a manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. Section 10. That the funding sources for certain capital improvement pro~ects should be amended. (a) For the following projects and in the amounts set forth below, the fundinq source for $1,950,000 in appropriations is hereby changed from proceeds of 1993 Water and Sewer Revenue'Bonds to retained earnings in the Water and Sewer Fund: CIP #5-001, "Comprehensive Emergency Response & Planninq Phase 1" $ 181,101 CIP 05-002, "Nimmo Parkway Water Improvements" $ 151,246 CIP 06-012, "Customer Information System Replacement" CIP ~6-018, "Comprehensive Sewer Evaluation/ Rehabilitation Proqram" CIP #6-030, "Little Neck Point Sewer Improvements - 51% Proqram" CIP 06-931, "Sandbridqe Sanitary Sewer" $ 427,305 $ 388,678 $ 587,783 $ 213,887 $1,950,000 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 (b) That the fundinq source for an appropriation of $3,750,000 to CIP 03-175, "Fire Apparatus Replacement," is hereby changed from proceeds of Lease-Purchase financing to fund balance in the General Fund. Section 11. That the Capital Improvement Program debt management policies contained and included in the Resource Management Plan - Executive Summary document shall be the policy guidelines of the City, and the City Manager shall annually report on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose modifications to those policies and guidelines through the Resource Management Plan. Section 12. That violation of this ordinance shall result in the City Manager taking disciplinary action against the person or persons responsible for the capital project in which the violation occurred. Section 13. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 14. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 2004 Capital Budget shall be effective on July 1, 2003. 124 125 126 Adopted by the City Council of the City of Virginia Beach, Virginia on this 13th day of May, 2003. CA-8808 F: \Users \CBurlnga \WP \ WORK\budgetord\CI Pord. wpd R-5 May 7, 2003 APPROVED AS TO CONTENT: Management ~'v APPROVED AS TO LEGAL SUFFICIENCY: Project Number Pro~ects Attachment A- Capital Budget Appropriations AppropriatIon FY 2003-2004 9012 9016 9018 9 027 9 034 9 036 9 038 9 141 9 260 9 28O 9 302 9 704 Economic Vitality 24th Street Stage Renovabons Town Center Infrastructure Convenhon Center Replacement 31st Street Parking Garage Neighborhood Rev~tahzat~on Strategy Plan 19th Street Corridor Design and Improvements Economic Development Infrastructure Projects Economic Development Investment Program (On-Going) Economic and Tounsm Development Partnerships Economic and Tourism Development Studies Rudee Loop Development- Phase I (Parhal) Beach Erosion Control and Hurncane Protechon Total Economic and Tourism Development Projects 720,000 1,600,000 10,025,000 3,911,800 100,000 745,515 372,758 2,485,050 150,000 150,000 2,043,480 1,600,000 $23,903,603 3 O03 3 017 3 O27 3 033 3 173 3 185 3 281 3 282 3 441 Safe Community Judicial Center Parking Expansion F~re and Rescue Stahon - F~rst Landing Law Enforcement Training Academy F~re F,ac~hty Rehab~htahon and Renewal Emergency Communications/Emergency Operahons Centers F~re Apparatus Replacement CIT- Commun~cahon Infrastructure Replacement Municipal Buddings Secunty Enhancements Correchons Center AdditIon III/Bldg Mamt & Landscape Reloc Total Safe Community Projects 800,000 2,932,000 600,000 122,000 8,372,000 1,850,000 700,000 250,000 1,750,000 $17,376,000 2 OO7 2 018 2 021 2 029 2 031 2 039 2 O48 2 052 2 065 2 O67 2 072 2 073 2 075 Quality Physical Environment Sh~pp's Corner Road Bridge Replacement Malor I ntersecbon Improvements Rural Road Improvements Harns Road Street Reconstruction Computerized Trafhc S~gnal System Upgrade/Repl (Parhal) Pnncess Anne Rd/Kempsvdle Rd Intersection Impr (VDOT) Trafhc S~gnal Rehab~htahon Elbow Road Extended- Phase II-A Sandbndge Road Safety Improvements F~rst Colonial Rd/Va Beach Blvd Intersecbon Imp Buckner Road Extended Salem Road- Phase II Roadway Prolects $426,000 500,000 300,000 144,000 150,000 418,000 100,000 100,000 700,000 309,264 1,330,000 664,571 80,000 2 O76 2 O83 2 107 2115 2 121 2 149 2 151 2 152 2 156 2 157 2 158 2 165 2 167 2 176 2 179 2 195 2 257 2 263 2 268 2 284 2 285 2 305 2 833 Lask~n Road Gateway D~amond Spnngs Road Bndge Replacement Seaboard Road Shore Dnve Intersechons- Demonstrabon Project N~mmo Parkway- Phase V-A (VDOT) B~rdneck Road- Phase II (VDOT) Sandbndge Corndor Improvements (Parbal) Elbow Road Extended- Phase II (VDOT) Lask~n Road - Phase I (VDOT) Lynnhaven Parkway - Phase IX (VDOT) Holland Road - Phase VI (VDOT) Lask~n Road- Phase II (VDOT) Lynnhaven Parkway- Phase XI (VDOT) Transportabon Network Analys~s Access Road for Elementary School 2005 Princess Anne Road - Intersecbon Improvements Lynnhaven ParkwayNolvo Parkway (VDOT) Major Bridge Rehab~htat~on Wetlands M~bgat~on Banking Street Asphalt Resurfac~ng Trafhc Safety Improvements- Phase II Pnncess Anne Road - Phase IV (Ferrell- Phase II) (VDOT) F~rst Colomal Rd - Ph III & Oceana Bird (VDOT) Total Roadway Projects. 500,000 3OO,0OO 1,189,358 1,035,000 25,000 375,000 200,000 86,354 1,119,739 285,000 383,600 1,200,000 382,673 500,000 785,000 450,000 632,000 540,000 50,000 6,295,460 1,563,121 155,000 315,000 $23,589,140 5 001 5 007 5013 5 017 5 083 5118 5 129 5 131 5 140 5 161 5 162 5 163 5 164 5 708 Comprehensive Emergency Response & Planning - Phase I Customer Informabon System Replacement Water SCADA System Upgrade Pubhc Utilities Pubhc Access Renovations - Budding #2 Stumpy Lake Water Reservoir and Pumping Facd~hes Improvement Computerized Mapping and Infrastructure Management Systems Potable Wells Evaluation Program Tank Upgrade Program - Phase II Vanous Roadway/Stormwater Coord~nahon - Phase IV Infrastructure Asset Management Program Backflow Prevenhon and Cross Connection Control Program Various Water Infrastructure Maintenance Support Program IVR/CTI, Bdl Print, and Automated Payment Solubon Design Resort Area Neighborhood Rewtahzabon Total Water Uhhty Projects Water Ubhty $300,000 100,000 100,000 300,000 200,000 100,000 50,000 300,000 100,000 60,000 100,000 570,000 100,000 50,000 $2,430,000 6012 6 018 6 028 Customer Information System Replacement Comprehensive Sewer Evaluat~on/Rehabd~tat~on Program Comprehensive Emergency Response & Planmng- Phase I Sewer Ubhty Prolects $100,000 860,209 200,000 6 038 6 046 6 057 6 063 6 065 6 066 6 071 6 086 6.103 6 138 6 167 6 168 6 169 6 938 Sewer SCADA System Upgrade Computer!zed Mapping and Infrastructure Management Systems Holland Road - Phase VI Sewer Improvements (VDOT) Central Bus~ness D~stnct System Upgrade Inhltrat~on, Inflow, and Rehabd~tat~on - Phase IV Pump Station Mod~hcat~ons - Phase IV (Partial) Comprehensive Sewer Master Planmng - Phase III Pubhc Utd~t~es Pubhc Access Renovations - Budding #2 Lake R~dge Interceptor Force Ma~n Landstown Yard Improvements- Phase III Infrastructure Asset Management Program Vanous Samtary Sewer Infrastructure Maintenance Support IVR/CTI, Bdl Pnnt, and Automated Payment Solution Design Pnncess Anne Plaza Rehab~htat~on Total Sewer Utd~ty Projects' 50,000 100,000 50,000 180,000 2,523,562 50,000 100,000 300,000 700,000 245,000 60,000 450,000 100,000 150,000 $6,218,771 7 OO4 7 010 7 016 7 063 7 067 7 145 7 152 7 153 7 183 7 960 Storm Water Infrastructure Rehabd~tat~on Ehzabeth R~ver Shores South Lake Holly Watershed Neighborhood Storm Water Infrastructure Improvements Pnmary System Infrastructure Improvements Arctic Avenue - Baltic Avenue Dam and Spdlway Structural Improvements Lynnhaven Watershed Restoration Storm Water Quahty Enhancements Oceana Gardens West Drainage Total Storm Water Utd~ty Projects Storm Water Prolects 182,188 44,700 720,529 906,427 1,164,963 330,000 350,000 500,000 1,408,120 1,311,217 $6,918,144 8 OO2 8 004 8 006 8 OO7 8 008 8 014 8 830 Beach Prohle Momtor~ng Program Various Minor Dredging Projects Rudee Inlet Infrastructure Improvements Rudee Inlet Outer Channel Maintenance Dredging Beach Replemshment Lynnhaven Inlet Maintenance Dredging Rudee Inlet Dredging Total Coastal Projects Total Quahty Physical Enwronment Coastal Prolects 75,000 150,000 3,250,000 100,000 1,250,000 150,000 340,000 $5,315,000 $ 44,471,055 3 275 3 283 Cultural and Recreat,onal Opportumbes V~rg~n~a Manne Science Museum Renewal and Replacement Pawhon Theatre Replacement Budding Prolects 75,000 30,000,000 Total Buddings $ 30,075,000 4 004 4 006 4 009 4 010 4 019 4 027 4 031 4 O32 4 033 4 034 4 035 4 040 4 936 4 949 4 950 4 954 4 955 4 959 4 964 4 970 4 971 Parks and Recreahon Prolects Open Space Program S~te Acqu~s~bon $ Atlantic Avenue Tra~l Extension Commumty Recreation Centers Renewals & Replacements Existing Trads Repairs New Pnncess Anne Athlehc Relds Lynnhaven Manna Dredging L~ttle Island P~er Access Improvements Parking Lot Improvements Mumc~pal Skate Parks Commumty Recreabon Center Roof Replacements Natural Area Preserves Pendleton Parking Expans~on/Pubhc Restroom Facd~tles Rec Ofhce and Storage Facd~ty at School S~tes D~str~ct/Commumty Park Development & Renovahons (On-Going) Neighborhood Park Development (On-Going) Tenms Court Renovabons (On-Going) Athletic F~elds Upgrading and L~ghbng Golf Course Infrastructure and Equipment (On-Going) Greenways and Scemc Waterways Park Playgrounds Renovabons Mount Trashmore Park - Renovations Total Parks and Recreation Projects Total Cultural and Recreational Opportunities $ 1,000,000 793,046 600,000 300,000 4,826,997 225,OOO 275,00O 100,000 100,000 1,725,000 50,000 250,0O0 100,000 258,277 100,000 200,000 50,000 60,000 50,000 304,195 200,000 $11,567,515 41,642,515 I 001 1 018 1 074 1 083 1 084 1 090 1 201 1 224 1 225 1 226 1 227 1 228 1 229 1 232 1 234 Quality Education and Lifelonq Learninq Renovabons and Replacements- Energy Management Newtown Road Elementary School Modermzabon Renovahons and Replacements -Vanous Renovahons and Replacements - Reroohng Renovahons and Replacements- HVAC Systems Elementary School 2005 Renovabons and Replacements - Grounds Trantwood Elementary School Modermzat~on Hermitage Elementary School Replacement Arrowhead Elementary School Replacement W~ndsor Woods Elementary School Modermzat~on Brookwood Elementary School Modermzahon Pembroke Meadows Elementary School Modermzahon Tenms Court Renovations V~rg~ma Beach M~ddle School Replacement Total School Projects School Prolects 736,965 625,000 2,491,000 965,000 2,728,800 7,814,668 750,000 350,000 1,846,442 9,768,061 1,501,267 500,000 500,000 100,000 9,249,958 $ 39,927,161 3 175 South Rosemont Area L~brary Budding Prolects 331,452 3 262 3 447 Tmdewater Commumty College Expansion $ L~brary Renovations and Replacements Total Budding Projects Total Quahty Education and L~felong Learning $ 3,414,000 392,950 $ 4,138,402 44,065,563 3 O38 3 100 3 198 3 200 3 207 3 208 3 212 3 214 3 280 3 286 3 289 Quality Or.qanization Vanous Buildings Rehabd~tatmon and Renewal Various Buildings HVAC Rehab~htat~on and Renewal CIT- Electromc Ballot System CIT- Revenue Assessment and Collection System CIT - Phase 2 Permits and Inspections Interactive Internet CIT - Asset Module CIT- IT Network Infrastructure Replacement CIT- Code Enforcement Database CIT - C~ty Human Resources/Payroll System CIT - Address Location Layer CIT - Pohce to C~t~zen Internet Software Module Total Quahty Orgamzat~on Total Capital Budget 2,385,000 296,211 1,766,565 627,000 100,000 403,320 250,000 250,000 3,500,000 367,750 206,726 10,152,572 $181,611,308 Attachment B - Financing Sources Financing Sources Capital Budget FY 2003-2004 Charter Bonds Federal Contr~bubon Fund Balance General Appropnat~ons Lease-Purchase Other Local~hes Pnvate Contr~bubon Sale of Property State Contribution Storm Water Ut~hty Bonds Storm Water Uhl~ty Fund Water and Sewer Ubl~ty Fund Total F~nanc~ng Sources 52,400,000 2,868,O46 10,133,387 33,830,260 32,992,365 700,000 15,033,250 8,318,747 16,017,109 580,000 5,988 144 2,750,000 $181,611,308 Projects Attachment C - Transfers Appropriations Prior to FY 2003-2004 Transfer To 9 036 9 302 Transfer From 9 026 9 302 Transfer To 3 024 Transfer From 3 O24 Roadway Prolects Transfer To 2 O73 2 039 Transfer From 2211 2 044 Transfer To 5 001 5 002 5 013 5 035 5 083 5 092 5118 Economic V~tality 19th Street Corndor Design and Improvements Rudee Loop Development --Revenue Reduchon Total Transfer To Atlantic Avenue Trolley Lanes Rudee Loop Development Total Transfer From Safe Community V~rgm~a Beach Juvende Detenhon Center -- Revenue Reduchon Total Transfer To V~rg~n~a Beach Juvende Detenbon Center Total Transfer From Quality Physical Enwronment Buckner Road Extended Computenzed Trafhc S~gnal System Upgrade/Replacement Total Transfer To Trafhc Calming Intelhgent Transportahon Systems Total Transfer From Water and Sewer Uhhty Prolects Comprehensive Emergency Response and Planning- Phase I N~mmo Pkwy Water Improvements Water SCADA System Upgrade N~mmo Parkway Water Improvements - Phase I, II, III Stumpy Lake Water Reservoir and Pumping Facd~hes Improvement Landstown Yard improvements Computerized Mapp,ng System 320,000 6,380,850 $6,700,850 $ 320,000 6,380,850 $ 6,700,850 $ 2,106,731 $ 2,106,731 $ 2,106,731 $ ' 2,106,731 $ 200,000 346,833 $ 546,833 $ 200,000 346,833 $ 546,833 385,000 200,000 600,000 50,000 250,000 245,O0O 150,000 5129 5 131 5 138 5 139 6 018 6 030 6 038 6 046 6 065 6 066 6 071 6 080 6 938 Potable Wells EvaluatIon Program Tank Upgrade Program - Phase II Comprehensive Water Master Planning - Phase IV Small LIne Improvements- Phase IV Comprehensive Sewer Evaluat~on/Rehabd~tat~on Program L~ttle Neck Point Sewer Improvements - 51% Program Sewer SCADA System Upgrade Computenzed Mapping System Inhltrat~on, Inflow, and Rehabd~tat~on - Phase IV Pump Station Mod~hcat~ons- Phase IV (Parhal) Comprehensive Sewer Master Planning - Phase III West Neck Pkwy FM-Lake R~dge IFM Interconnect Pnncess Anne Plaza Rehabd~tat~on Total Transfer To 200,000 450,000 300,000 100,000 539,791 2,835,000 600,000 150,000 1,876,438 600,000 338,689 225,000 365,000 $10,459,918 Transfer From 5 006 5 008 5016 5 024 5 062 5 067 5 090 5.105 5 130 5 141 5 143 5 149 5 207 5 944 5 015 5 068 5 081 ,~ 082 5 095 5 108 5 127 5 142 5 200 5 207 5210 6 001 6019 6 023 6 025 6 032 Water Appurtenances Evaluation and Improvements B~rdneck Road Water Improvements - Phase II (VDOT) System Expansion Cost Part~c~pabon Agreements Holland Road - Phase VI water Improvements (VDOT) N~mmo Parkway Water Improvements - Phase V (VDOT) Courthouse and Sandbndge Tank Mod~hcabons Lynnhaven Parkway- Phase XI Water Improvements (VDOT) ,Stumpy Lake Lane Water Improvements - 51% Program Lynnhaven Pkwy Extended Water Improvements (VDOT) Water Request & Agreements Phase IV - 51% Program F~re Hydrant Program Indian R~ver Road Water Improvements - Phase VII (VDOT) Laskm Road Water Improvements - Phase I (VDOT) Pnncess Anne Road Water Improvements - Phase IV (VDOT) Salem Road/Landstown Rd Thunderbird Drwe Water Improvements - 51% Program Sherry Park Water Improvements - 51% Program West Neck Road Water Improvements Various Roadway/Stormwater Coordination- Phase III Stumpy Lake Water Improvements - 51% Program Landstown Yard Improvements- Phase II Chloram~nes Feed Facd~t~es Salem Road "C" (VDOT) Laskm Road Water Improvements Phase I (VDOT) Relocate Surveys/Inspections Ofhce - Ops Budding Renovations Salem Road Sewer Improvements- Phase II (VDOT) Resort Area Neighborhood Rewtahzat~on Indian Rwer Road South Sewer Improvements Shell Road West Salem Rd/Landstown Rd 100,000 150,000 599,452 90,000 65,000 300,000 305,000 230,000 220,000 300,000 200,000 250,000 100,000 50,000 61,982 2,651 99,605 374,167 50,000 34,960 352,950 201 50,000 100,000 16,812 100,000 350,000 62,667 167,290 23,224 6 033 6 035 6 036 6 050 6 O52 6 055 6 067 6 068 6 069 6 078 6 081 6 082 6 102 6 931 6 939 6 962 6 972 Inhltrat~on, Inflow, and Rehabd~tabon - Phase III Various Roadway/Stormwater Coordination- Phase III Sewer Requests and Agreements- Phase III (51% Program) Salem Road #2549 Stumpy Lake Lane Sewer Improvements - 51% Program Landstown Yard Improvements - Phase II Vanous Roadway/Stormwater Coord~nabon - Phase IV Sewer Requests and Agreements - Phase IV (51% Program) B~rdneck Road Sewer Improvements - Phase II Relocate Surveys/Inspections Off~ce Ops Bldg Lask~n Road Phase II & Gateway Improvements System Expansion cost Part~c~pahon Agreement- Phase I Pnncess Anne Commons Sewer Improvements Sandbndge Comprehensive Sewer Study- Phase II T~mberlake Force Ma~n Alanton Total Transfer From 301,296 40,000 50,000 77,140 190,000 75,000 250,000 800,000 ,000,000 16,543 310,000 ,500,000 400,000 347,576 38,689 200,000 57,713 $10,459,918 Transfer To 4 028 4 O33 Transfer From 4012 Transfer To 3 262 Transfer From 2 147 Cultural and Recreational Opportunities Mulb-Use Recreabonal F~elds Municipal Skate Park Total Transfer To Pnncess Anne Park Relocabon Total Transfer From Quality Education and Lifelonq Learninq T~dewater Commumty College Expansion Total Transfer To $ T~dewater Community College R~ng Road Total Transfer From I 198,496 100,000 298,496 298,496 $298,496 1,165,000 1,165,000 1,650,000 $ 1,650,000 - 36- Item V-J. 6. RES OL UTIONS/ORDINANCES ITEM # 51179 Upon motion by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Or&nance to APPROPRIATE $1,525,983 re Sheriff's FY 2002-03 operattng budget to support functtons of the for one-trine purchase of equtpment and to supplement thetr retirement account Vottng 1 I-O (By ConsenO Councd Members Voting A)~e Harry E Dtezel Margaret L Eure, Vtce MayorLouts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None May 13, 2003 AN ORDINANCE TO APPROPRIATE $1,525,983 TO THE SHERIFF'S FY 2002- 03 OPERATING BUDGET TO SUPPORT THE FUNCTIONS OF THE SHERIFF'S OFFICE 29 May 2, 2003 30 R3 31 32 33 APPROVED AS TO CONTENT: 34 38 Management Services APPROVED AS TO LEGAL SUFFICIENCY: Department of LaW ' ' ~ 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 1. That $1,525,983 is hereby appropriated to the Sheriff's 11 Office FY 2002-03 Operating Budget from the following funding 12 sources and for the following purposes: 13 (a) $865,983 is appropriated from Fund Balance in the 14 Sheriff's Department Special Revenue Fund, of which 15 $270,983 shall be for one-time purchases of equipment, 16 uniforms, and computer software, and $595,000 for a 17 contribution to a supplemental retirement account for 18 Sheriff's Office employees; and 19 (b) $660,000 is appropriated from Fund Balance in the 20 Inmate Telephone Special Revenue Fund for inmate medical 21 expenses and related housing costs. 22 2. That revenue in the FY 2002-03 Operating Budget from fund 23 balance is hereby increased by $1,525,983. 24 Adopted the 13thday of May , 2003, by the Council of the City 25 of Virginia Beach, Virginia. 26 27 CA-8870 28 Noncode~Sheriff's $1,525,983 Appropriation.ord.doc List of One-Time Purchase Items Sheriff's Office Item Description Corrections Correcbonal Safety Equipment Booking/Central Process Upgrade Door Locks Classification/Pretrial/WR & EHM Computers & Related Equipment Medical Medical Equipment DARE Computer PSO Tracking Program Civil Process Office Equipment Training Training & Tacbcal Equipment Info Services Replacement & Upgraded Computer Equipment Personnel Umforms & Related Equipment Emergency Response Team $111,035 $100 $4,578 $1,000 $1,000 $3,000 $1,388 $40,586 $20,310 $32,623 $4,127 Kitchen K~tchen Equipment Replacement $51,236 TOTAL REQU EST ~270~983 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Additional Appropriations for the Sheriff's Office Operating and Capital Expenditures. MEETING DATE: May 13, 2003 · Background: The Virginia Beach Sheriff's Office is responsible for the booking, detention and care of inmates, provision of security for the Courts, the Dare Program and other functions as requested by the City. These functions are primarily funded through the Sheriff's Special Revenue Fund and the Inmate Service Special Revenue Fund. · Considerations: The Sheriff's Office has identified the need for additional appropriations to provide funding for costs to support the functions of the Sheriff's Office as detailed below: 1. One-Time purchases in the amount of $270,983 as detailed on the attached list needed for a variety of services and functions provided by the Sheriff's Office. 2. Appropriation of $660,000 for costs of inmate medical expenses and related housing costs to be funded by the Inmate Service Special Revenue Fund. 3. The addition of $595,000 for the Sheriff's Office Supplemental Retirement Fund. This fund provides an incentive for Sheriff's Office employees to continue their employment and correspondingly increases the capacity of the Sheriff's Office to maintain levels of service. The last contribution to the fund occurred in November of 2000. Fiscal constraints have prevented a contribution to the fund since that date. These appropriations will not be funded through additional City funds, but only through resources available in the Sheriff's Office and Inmate Services' special revenue funds. · Public Information: Public Information will be handled through the normal Council Agenda notification process. · Alternatives: There is no other source of funding available to meet this request. · Recommendations: Approve the attached ordinance to appropriate additional funds to the Sheriff's Special Revenue Fund and the Inmate Services Special Revenue Fund. Attachments: Appropriation Ordinance List of One-Time Items Recommended Action: Approval of Attached Ordinance Submitting Department/Agency: ~ City Manager: (~,h~ ~_ .~liY~ Item V-d. 7. -37- RESOL UTIONS/ORDINANCES ITEM # 51180 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED: Ordinance to APPROPRIATE $50,000 tn federal funds to the FY2002-03 operattng budget of the Department of Mental Health, Mental Retardatton, and Substance Abuse (MHMRSA) to provtde tncreased servtces to children with disabilities. Vottng 11-0 (By Consent) Counctl Members Vottng Ave Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor MeyeraE Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Counctl Members Absent None May 13, 2003 AN ORDINANCE TO ACCEPT AND APPROPRIATE $50,000 IN FEDERAL FUNDS TO THE FY 2002-03 OPERATING BUDGET OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICES TO PROVIDE INCREASED SERVICES TO CHILDREN WITH DISABILITIES 10 11 12 13 14 15 16 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $50,000 in additional funding is hereby accepted from the federal government and appropriated to the FY 2002-03 Operating Budget of the Department of Mental Health, Mental Retardation, and Substance Abuse Services to provide increased services to children with disabilities, with revenue from the federal government increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13t~day of May , 2003. CA-8867 Ordin/Noncode/federalrevenueord. wpd R-1 April 29, 2003 APPROVED AS TO CONTENT' Management S~~~ APPROVED AS TO LEGAL SUFFICIENCY' lAMES $ RF.,1HHARD, M D COMMISSIONER. COMMONWEALTH of VIRGINIA DEPARTMENT OF MENT]I£ HE,,I£TI..I, MENTA£ RET,,IRDATION zlzVD SUBST,,INCE ,4BUSE SER VICES Pos~ Office Box 1797 Richmond, Vh?n,s 23215-1797 Memorandum Telq~ho~ (S04) 786-3921 Voio~DD (804) 371-8977 To~ From: Date: FISCAL AGENT James. S. Reinhard, M.D~~ March 24, 2003 Re: Local Contract Amendment for the Return of Unused Part C Additional Funds Based on Information provided by your local council/agency, a portion of the additional funds that were previously approved for the provision of direct services to Part C eligible children through June 30, 2003 will not be needed. In order to allow for these unused funds to be available for use by other localities, the Department has issued a contract modification to the existing Local Contract for 2000-2001 Continuing Participation in Part C. Three copies of the contract amendment are enclosed for your signature. In order to ensure that the unused additional Part C funds are available for distribution to other localities, please sign each of three (3) copies of the contract and return as soon as posstble to: Mary Ann Discenza Acting Part C Coordinator P.O. Box 1797 1220 Bani( Street Richmond, Virginia 23218-1797 FAX: (804) 371-7959 A copy of the final contract modification with my signature will be forwarded If you have any questions, please feel free to contact Mary Ann Discenza at (804) 371-6592. CCi Mary Ann Discenza Shirley Ricks Local Council Coordinators Local Fiscal Agent .lAMES S REINHARD, M D COMMISSIONER COMMONWEALTH of VIRQINIA DEPARTMENT OF MENTAL HEAL TH, MENTAL RETARDA T/ON .AND SUBSTANCE AB USE SER VICES Post Office Box 1797 Richmond, V~rg~ma 23218-1797 Telephone (804) 786-3921 Vmce/TDD (804) 371-8977 www dmhmrms, state va. us CONTRACT MODIFICATION AGREEMENT Date: Contract/award No Mod~flcabon No Issued By Contractor Commodity March 27, 2003 Department of Mental Health, Mental Retardabon and Substance Abuse Services, Early Intervenbon #00-01-39 004 COMMONWEALTH OF VIRGINIA, Department of Mental Health, Mental Retardabon and Substance Abuse Services (DMHMRSAS) V~rg~ma Beach CSB [Formerly referred to as V~rg~n~a Beach Interagency Coord~nabng Councd on prewous contract modification agreement(s)] Local Contract for 2000-2001 Conbnu~ng Part~c~pabon ~n Part C This Supplemental Agreement is entered into pursuant to the basic contract. Descnpbon of Mod~flcabon The Contracbng Agency, ~n agreement w~th the Contractor, V~rg~ma Beach CSB, shall reduce the prewously allocated add~bonal funds from a total of $103,630 to $50,000 The reducbon ~s based on a request by the V~rg~n~a Beach CSB due to their rews~on of the original request Regarding the approved $50,000, the Contractor shall use these funds for the provision of d~rect services to Part C eligible chddren through June 30, 2003 ~n accordance w~th all requirements and prows~ons ~n the above referenced contract The Contractor shall access and report expenditures for Federal Part C funds by complebng and subm~tbng the FFY 02-03 Expenditure Report form ~n accordance w~th dehverable bmehnes estabhshed ~n the contract Contract/award No 00-01-39 Mod~flcabon No 004 Date March 27, 2003 Page 1 of 2 Except for changes provided here~n, all other terms and cond~bons of th~s contract remain unchanged and ~n full force and effect CONTRACTO~ ,. Terry S. Jenkins, Ph.D. Name and T~tle (Type or Pnnt) Director, MH/MR/SA Date S~gned April 7, 2003 COMMONWEALTH OF VIRGINIA: By' James S Re~nhard, M D Commissioner, DMHMRSAS Date S~gned Contract/award No 00-01-39 Mod~flcabon No 004 Date March 27, 2003 Page 2 of 2 - 38 - Item V-K. PLANNING ITEM # 51181 1. UNITED JEWISH FEDER/I TION OF TIDEWATER EXTEND DA TE OF COMPLIANCE/ STREET CLOSURE 2. MICHAEL D. SIFEN, INC. CONDITIONAL CHANGE OF ZONING 3. ROYAL COURT, INC. CONDITIONAL CHANGE OF ZONING 4. TUEE ' KNOW HIM FULL GOSPEL MINISTRIES CONDITIONAL USE PERMIT 5. KEMP FUSSELL, L.L.C. CONDITIONAL CHANGE OF ZONING 6. CA ASSOCIATES ENCR OA CHMENT 7. a. CITY OF VIRGINIA BEACH STREET CLOSURE/ EXCESS PR OPER TY 7. b. 1/3 CITY OF VIRGINIA BEACH §901 CZO /Colleges, Universities and Business Schools~§801 re business and vocational schools B-1A/B-2/B-3/B-3/L/B-4 and 0-2 b. 2 CITY OF VIRGINIA BEACH §901 RE Colleges in Business Districts/B-2/B-3/B-3A/B-4 May 13, 2003 - 39- Item V-K. PLANNING ITEM # 51182 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Council APPROVED in ONE MOTION Items 1, 2(DEFER), 4, 6, 7A/7B1 and B3 K 1 was APPROVED, BY CONSENT, EXTENSION FOR COMPLIANCE K 2 was DEFERRED INDEFINITEL Y, B Y CONSENT Item 7B/2 was DENIED, BY CONSENT Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None May 13, 2003 Item V-K. 1. - 40 - PLANNING ITEM # 51183 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl City Counctl EXTENDED COMPLIANCE TO NOVEMBER 26, 2003, on the application of UNITED JEWISH FEDERATION of TIDE WA TER [approved November 2 7, 2001, wtth rune condtttons and prevtously extended November ]2, 2002, to March 26, 2003, and March 25, 2003, to May 26, 2003] in the matter of the discontinuance, closure and abandonment ora portton of Morrts Avenue and Katte Brown Drtve Apphcatton of UnttedJewtsh Federatton of Tidewater for extenston of the date for sattsfytng condtttons tn the matter of the dtsconttnuance, closure and abandonment of a portton of Morrts Avenue and a portton of Katte Brown Drtve Satd parcels contatn 29,544 square feet and 36,341 square feet respecttvely DISTRICT 2 - KEMPSVILLE Vottng 11-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None May 13, 2003 ORDINANCE NO AN ORDINANCE FURTHER EXTENDING THE DATE FOR SATISFYING CONDITIONS IN THE MATTER OF THE CLOSING, VACATING AND DISCONTINUING OF A PORTION OF MORRIS AVENUE AND A PORTION OF KATIE BROWN DRIVE, UPON THE APPLICATION OF UNITED JEWISH FEDERATION OF TIDEWATER WHEREAS, on November 27, 2001, the Council of the City of Virginia Beach acted upon 9 the applications of United Jewish Federation of Tidewater Enterprises for the closure of portions of 10 two streets as follows 11 1 A portion of Moms Avenue, and 12 2 A portion of Katie Brown Drive 13 WHEREAS, on November 27, 2001 the Council adopted two (2) Ordinances to close the 14 aforesaid streets, subject to certain conditions being met on or before November 26, 2002, and 15 WHEREAS, on November 11,2002, the applicants requested an extension oft~me to satisfy 16 the conditions attached to the aforesaid street closures Smd request was granted by the Council as 17 ORD-2728E and the new deadhne was established as March 26, 2003 18 WHEREAS, on March 23, 2003, the apphcants requested a further extension of t~me to 19 satisfy the conditions attached to the aforesmd street closures. Smd request was granted by the 20 Council as ORD-2740J and the new deadline was established as May 26, 2003 21 22 23 24 GPINS 1467-81-6943,1467-82-8038,1467-82-9140,1467-92-0136,1467-92-1208,1467-92-1260, ~467-92-3~77~~467-92-2~92~~467-9~-29~9~~467~8~-994~~~467~8~-8872~~467-8~-7884~~467- 8~-6853~~467-82-327~~~467-82-539~~~467-82-73~8~~467.82-7483~~467.82-9336~~467~82-9238~ 1467-82-8213,1467-82-6197,1467-82-5141,and 1467-82-3096 25 WHEREAS, on May 13, 2003, the applicants requested a further extension of time to satisfy 26 the conditions attached to the aforesmd street closures 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 That the date for meeting conditions of closure as stated m the Or&nance adopted on 30 November 27, 2001, upon applications of Umted Jewish Federation of Tidewater, is extended to 31 November, 26, 2003 32 33 Adopted by the Council of the C~ty of Virginia Beach, V~rglma, on the ~ day of May ., 2003. 34 CA-8839 35 ORDIN\NONCODE\UJFT30RD 36 Date: 05/05/03 37 R1 38 39 40 APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office Item V-K. 2. - 41 - PLANNING ITEM # 51184 Upon motton by Vice Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl DEFERRED INDEFINITELY Ordtnance upon apphcatton of MICHAEL D. SIFEN, INC. for a Condtttonal Change of Zontng ORDINANCE UPONAPPLICA TION OF MICHAEL D $IFEN, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD RESIDENTIAL DUPLEX DISTRICT TO CONDITIONAL I-1 LIGHT INDUSTRIAL DISTRICT Ordtnance upon Apphcatton of Mtchael D &fen, Inc for a Change of Zontng Dtstrtct Classtficatton from R-5D Restdenttal Duplex Dtstrtct to Condtttonal I-1 Light Industrtal Dtstrtct on the west side of Centervdle Turnptke approxtmately 1600feet north of tts tntersectton wtth Kempsvtlle Road (GPIN 145573 7940) Theproposed zoning to Condtttonal I-1 ts for hght tndustrtal land use The Comprehenstve Plan recommends use of thts parcel for busmess parks, offices, mdustrtal, and employment support land use Parcel contatns 6 724 acres DISTRICT 1 - CENTER VILLE Vottng 11-0 (By ConsenO Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Counctl Members Voting Nay None Councd Members Absent None May 13, 2003 - 42 - Item V-K. 3. PLANNING ITEM # 51185 Attorney R E Bourdon, Pembroke One, Ftfth Floor, Phone 499-8971, represented the apphcant, Donald Moore, Developer of Chelsea Place, ts tn attendance This ts now a 22-twin home, age restrtcted project on Prtncess Anne Road (formerly Brown Farm) Mr Bourdon &strtbuted coptes of the overall Master Plan, coptes of the elevattons and secttons of the Comprehenstve Plan Three daughters, represented the Brown Famtly Jenntfer Brown Estes, 2940 Wood Duck Road, Phone 721-4604, Ltnda Brown Shell, 2949 Sand Bend Road, Phone 721- 7567 Yvonne B Whttworth, 408 County Fleet Ctrcle, Phone 499-2615 Upon motton by Councdman Reeve, seconded by Counctlman Dtezel, Ctty Counctl ADOPTED Or&nance upon apphcatton of Royal Court, Inc. for a Condtttonal Change of Zoning ORDINANCE UPON APPLICATION OF ROYAL COURT, INC, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OMA G- 1, A G- 2 AND R- 20 TO CONDITIONAL R- 5D RESIDENTIAL DUPLEX DISTRICT WITH A PD-H2 Z05032146 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Royal Court, Inc , a Vtrgtnta Corporatton, for a Change of Zontng District Classtficatton from AG-1 Agrtcultural Dtstrtct, AG-2 Agrtcultural Dtstrtct and R-20 Restdenttal Dtstrtct to Condtttonal R-5D Restdenttal Duplex Dtstrtct wtth a PD-H2 Planned Untt Development Dtstrtct Overlay on the north stde of Prtncess Anne Road, 344 feet west of Crossroads Tratl (GPIN 2404- 75-8161) The proposed zomng to Condtttonal R-5D wtth PD-H2 ts for restdenttal land use at a denstty not to exceed 6 dwelhng untts per acre The Comprehenstve Plan recommends use of thts parcel for restdenttal land use at or below 3 5 dwelhng untts per acre Satd parcel contatns 9 963 acres DISTRICT 7 - PRINCESS ANNE The followtng conchtton shall be requtred 1 An agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Ordtnance shall be effective tn accordance wtth Sectton 107 (_D of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrteenth of May, Two Thousand Three May 13, 2003 Item V-K.3. PLANNING - 43 - ITEM # 51185 (Continued) Voting 9-2 Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, price Mayor Louts R Jones, Rtchard A Maddox, dsm Reeve, Peter W Schmtdt, Ron A gtllanueva, Rosemary' Wtlson and James L Wood Counctl Members Voting Nay Mayor Meyera E Oberndorf and Reba $ McClanan Counctl Members Absent None May 13, 2003 FO~M NO I~ s IE) City of Virginia Beach I~4TER-0FFICE CORRESPO~EIqCE In Reply Refer To Our File No. DF-5645 DATE: May 6, 2003 TO: Leslie L. Lilley DEPT: City Attorney Fl(OM: B. Kay Wilso~~ DEPT: City Attorney Conditional Zoning Application Royal Court, Inc., et als The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 13, 2003. I have reviewed the subject proffer agreement, dated September 12, 2002, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY $Y[t;$. gOUgDON. ABI~N & LEVY. P C ROYAL COURT, INC., a Virginia corporation JENNIFER BROWN ESTES, LINDA BROWN SHELL formerly known as LINDA NELLIE SHELL and YVONNE BROWN WHITWORTH formerly known as YVONNE NORA WHITWORTH TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 12t~ day of September, 2002, by and between ROYAL COURT, INC., a Virginia corporation, Grantor, party of the first part; JENNIFER BROWN ESTES, LINDA BROWN SHELL f/k/a LINDA NELLIE SHELL and YVONNE BROWN WHITWORTH f/k/a YVONNE NORA WHITWORTH, parties of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the parties of the second part are the owners of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 9.963 acres which is more particularly described in Exhibit SA" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the 'Property'; and WHEREAS, the party of the first part is the contract purchaser of the parcel described in Exhibit UA" and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-20 Residential District, AG-1 and AG-2 Agricultural Districts to R-5D Residential District with a PD-H2 Overlay; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2404-75-8161 PREPARED BY §YK[S. [tOUtlDON. Alil~X~ & I.[VY. P C WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and, WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-SD, with PD-H2 Overlay, Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid loro ,quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. In order to better foster a sense of community and achieve a coordinated design and development of the site in terms of vehicular circulation, parking, landscape buffering, tree planting, berming, building orientabon, stormwater management facilities and open space amenities, the "COMMUNITY DEVELOPMENT PLAN OF CHELSEA PLACE for ROYAL COURT, INC.~, dated September 12, 2002, prepared by John C. Sirine and Associates, Ltd., which has PREPARED BY SY~S. I~0URDON. ~ & LFv'Y. P.C. been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ('Concept Plan~) shall be substantially adhered to. 2. When the Property is developed, vehicular Ingress and Egress shall bc limited to one (1) entrance from Princess Anne Road. 3. When the Property is developed, all landscaping and berming shall substantially adhere to the detailed landscape plan prepared by Siska Aurand and depicted on the 'OVERALL SITE MASTER PLAN - CHELSEA PLACER dated September 12, 2002, which has been exhibited to the Vir~nia Beach City CounciJ and is on file with the Virginia Beach Department of Planning ("Landscaping Plan"). 4. There will be no more than twenty-two (22) residential buildings, eacl~ one being two (2) stories in height, and containing two (2) dwelling units per building. The total number of dwell~rtg units permitted to be constructed on the Property shal~ not exceed forty-four (44) and no dwelling units shall contain more than three (3) bedrooms. 5. The architectural design of the residential buildings will be substantially as depicted on the exhibits entitled ~Chelsea Place Elevation ~Chelsea Place Elevation $', 'Chelsea Place Elevation Dj, 'Chelsea Place Elevation dated September 12, 2002 , which have been exhibited to the Virginia Beach City Council and are on file with the Vir~uia Beach Department of Planning ('Elevations~). The primary exterior building material shall be brick and synthetic cedar shake siding, and the colors used may vary from those on the exhibits but all will be ear~ tones. 6. When the Property is developed, a landscaped entrance feature shall be constructed with a brick wall, signage externally illuminated from ground level, decorative columns and estate style fencing as depicted and described on the 'ENTRY CONCEPT FOR: CHELSEA PLACE ROYAL COURT, INC.~, pages one and two, dated September 13, 2002, prepared by Siska Aurand Landscape Architects, Inc. and shall haven an appearance substantially s~milar to that depicted on thc perspective entitled 'ENTRY WALL FOR CHELSEA PLACI~~, dated September 12, 2002, prepared by Siska Aurand Landscape Architects, Inc., which have been exhibited to the Virginia Beach City Council and are on file with the Virs~uia Beach Department of Planning ('Entrance Plans~). PREPARED BY 7. When the Property is developed, the fencing throughout the community shall be installed in a coorrHnated manner by the Developer and governed by the Condominium Association so that the types of fencing and location of fences shall be as depicted on the 'FENCE AND PLANTING CONCEPT FOR: CHELSEA PLACE ROYAL COURT, INC.r and five (5) exhibits entitled "30 IN. HT. DECORATIVE FENCES FOR CHELSEA PLACEr; '4 FT. HT. PROPERTY FENCE FOR CHELSEA PLACEr; ~6 FT. HT. PROPERTY FENCE FOR CHELSEA PLACEr; ~4 FT. HT. PRIVACY FENCE FOR CHELSEA PLACEr; ~6 FT. HT. PRIVACY FENCE FOR CHELSEA PLACEr, dated September 12, 2002, prepared by Siska Aurand Landscape Architects, Inc., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 8. The Grantor shall record a Declaration of Restrictions ('Deed Restriction~) as a condition of Site Plan Approval, which shall be applicable to the Property. The Deed Restriction shall be enforced by a Condominium Association which will be responsible for maintaining the Property and enforcing the provisions of a Condominium Declaration governing the Property. The Deed Restriction shall require that every occupied residential unit be occupied, on a full time basis, by at least one (1) adult resident over fifty-five (55) years of age. The Deed Restriction shall also prohibit persons under twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amenclment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgirna, and 4 PREPARED BY &I.K~.PC. executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing. as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee whxch was adverttsed pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, sa~d instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordix~ances and the conditions may be made readily available and accessible for public ~nspectxon in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. PREPARED BY SYI~S. I~OUIOON. AtII~N & LK~. PC WITNESS the following signature and seal: GRANTOR: Royal Court, Inc., a Virginia corporation By: , , ,~ (SEAL) Donald L. Moore, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of September, 2002, by Donald L. Moore, President of Royal Court, Inc., a Virginia corporation. Notary Public My Commission Expires: [ \- 50-C~ A 6 PREPARED BY $YI([$. ]}0[mDON. Attt~.N & LEVY. PC WITNESS the following signature and seal: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: GRANTOR: --/~Jenn~er Bro-~-r~ E~tes The foregoing instrument was acknowledged before me this September, 2002, by Jennifer Brown Estes. Notary Public My Commission Expires: (SEAL) PREPARED BY /S'Y~S. t~OUItOON. Atlt~N & liVY. P C. WITNESS the following signature and seal: GRANTOR: Linda Nellie Shell (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this .~ day of September, 2002, by Linda Brown Shell f/k/a L±nda Nell±e Shell. Notary Public My Commission Expire ~~~_ ~, 2_xl~~ PREPARED BY SYl~S. t]OI~DON. itt:~ & l_rvy. Pc. WITNESS the following signature and seal: GRANTOR: ~ Yvonne ~ Whitworth STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this %~ day of September, 2002, by Yvonne ~rown Whitworth f/k/a Yvonne Nora Whitworth. My Commission Expires'~~ ~ ~1..~ O ~ PREPARED BY /$Y[[$. I}OURDON. MtEI~ & LEVY. P.C F.,XI'IIBIT "A' ALL THAT certain lot, pzece or parcel of land mtuate and being in the City of Virginia Beach, Virginia, and known, numbered and described as "Parcel D (9.963 acres)", as shown on that certain plat entitled "Subdivision of John L. Brown Estate 0V.B. 15, Pg. 2), Princess Anne Borough, Virginia Beach, VA", dated December 7, 1983, made by Miller-Fox-Stephenson, P.C., Engineers and Surveyors, which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 176, at Page 2, reference to whxch plat is hereby made for a more particular description thereof. GPIN: 2404-75-8161 CONDREZN/ROYALCOURT/PROFFER 10 Tuee ' Know Him Full Ministries B-2 o -18 Urpin 1468-30-3340 ZONING HISTORY 1. 4-14-92- CONDITIONAL USE PERMIT (indoor recreation) APPROVED 4-9-73 - CHANGE OF ZONING (RS-4 Residential to CG-3 Commercial General) APPROVED 1-28-92 - CONDITIONAL USE PERMIT (bingo hall) APPROVED 2. 7-11-88 - CONDITIONAL USE PERMIT (auto repair) APPROVED 3. 6-27-83 - CHANGE OF ZONING (B-2 Business to A-2 Apartments) APPROVED - 44 - Item V-K. 4. PLANNING ITEM # 51186 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED Ordtnance upon apphcatton of TUEE' KNOWHIM FULL GOSPEL MINISTRIES re Condtttonal Use Permtt for a church: ORDINANCE UPON APPLICATION OF TUEE KNOW HIM FULL GOSPEL MINISTRIES FOR A CONDITIONAL USE PERMIT FOR A CHURCH R050331099 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Tuee Know Htm Full Gospel Mtntstrtes for a Con&ttonal Use Permit for a church at $44 Newtown Road, Sutte 146 (GPIN 1468303340) DISTRICT 2 - KEMPSVILLE The followtng condttton shall be requtred The apphcant shall obtain all the necessary permtts, tnspecttons, and approvals from the Ftre Department and the Permtts and Inspecttons Dtvtston of the Planmng Department before occupancy of the butldtng A Certtficate of Occupancy for the use shall be obtatned from the Permtts and Inspecttons Dtvtston of the Planning Department Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Thtrteenth of May, Two Thousand Three Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None May 13, 2003 Item V-K. 5. PLANNING - 45 - ITEM # 51187 Attorney R E Bourdon, Pembroke One, Ftfih Floor, Phone 499-8971, represented the apphcant for development of Bernard Farms and advtsed there wtll be a mandatory Homeowners' Assoctatton Upon motton by Counctlman Reeve, seconded by Counctlman Schmtdt, Ctty Council ADOPTED an Ordtnance upon apphcatton of KEMP FUSSELL, L.L.C. for a Conditional Change of Zoning: ORDINANCE UPONAPPLICATION OF KEMP FUSSELL, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM A G- 1 AND A G-2 TO CONDITIONAL R-SD Z0503214 7 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Apphcatton of Kemp Fussell, L L C for a Change of Zontng Dtstrtct Classtficatton from A G- 1 and A G-2 Agrtcultural Dtstrtcts to Condtttonal R-SD Restdenttal Duplex Dtstrtct on the west stde of Holland Road, approxtmately 500 feet south of Monet Drtve (GPIN 1495317600, 1495410257, 1495317397, 1495328040) DISTRICT 7- PRINCESS ANNE The followtng condttton shall be reqmred 1 An agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court. Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Thtrteenth of May, Two Thousand Three Vottng 8-3 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan, Mayor Meyera E Oberndorf and Ron A Vtllanueva Counctl Members Absent None May 13, 2003 OUR N~1 City of Virginia Beach INTER-OFFICE CORRESPONPENCE In Reply Refer To Our File No. DF-5692 DATE: May 1, 2003 TO: Leslie L. Lilley_x~ ,.~..h DEPT: City Attorney FROM: B. Kay Wilson~' DEPT: City Attorney Conditional Zoning Application Kemp Fussell, L.L.C., et als The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 13, 2003. I have reviewed the subject proffer agreement, dated October 10, 2002, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter furhher. BKW Enclosure PREPARED BY SY[[S. [t0URDON. AtlER~ & [PLY. WILLIAM WHITEHURST TIMOTHY C. WHITEHURST, SR., EVA WHITEHURST and WILLIAM WHITEHURST ROBERTA TURNER KEMP FUSSELL, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this l0th day of October, 2002, by and between WILLIAM WHITEHURST, Grantor, party of the first part; TIMOTHY C. WHITEHURST, SR., EVA WHITEHURST and WILLIAM WHITEHURST, Grantors, parties of the second part; ROBERTA TURNER, Grantor, party of the third part; KEMP FUSSELL, L.L.C., a Virginia limited liability company, Grantor, party of the fourth part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the fifth part. WITNESSETH: WHEREAS, the party of the first part is the owner of one (1) parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 3.62 acres as more particularly described as Parcel 1 in Exhibit "A' attached hereto and incorporated herein by this reference, which parcel, along with the other parcels referenced herein and described in Exhibit "A' are herein referred to as the "Property"; and GPIN: 1495-31-7600 1495-32-8040 1495-31-7397 PREPARED BY BSYi~S. gOURDON. A~I]~N & LEVY. p C WHEREAS, the parties of the second part are the owners of one (1) parcel property located in the Princess Anne District of the City of Virginia Beach, containing approximately 3.16 acres as more particularly described as Parcel 2 in Exhibit "A~ attached hereto and incorporated herein by this reference, which parcel, along with the other parcels referenced herein and described in Exhibit "A' are herein referred to as the "Property"; and WHEREAS, the party of the third part is the owner of one (1) parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 3.56 acres as more particularly described as Parcel 3 in Exhibit attached hereto and incorporated herein by this reference, which parcel, along with the other parcels referenced herein and described in Exhibit "A' are herein referred to as the "Property"; and WHEREAS, the party of the fourth part is the contract purchaser of the Property and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 and AG-2 Agricultural Districts to Conditional R-5D Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed PREPARED BY l§YI[ES. ]~OUI~DON. Ai-It~N & LgVY, PC rezoning, certain reasonable conditions governing the use of the Property for the protection of the commumty that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application give,'~ rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance ot and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-5D Zoning District by the existing overall Zoning Ordinance, the following reasonable: conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable te the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenanl and agree that this declaration shall constitute covenants running with the Property. whxch shall be binding upon the Property and upon all parties and persons clmiming under or through the Grantor, its successors, personal representatives, assigns. grantee, and other successors in interest or title and which will not be required of the: Grantor until the Property is developed: PREPARED BY SYl~S. i~OU~DON. 1. When the Property is developed, it shall be as a single family residential community of no more than forty-four (44) building lots substantially in conformance. with the Exhibit entitled ~PRELIMINARY EXHIBIT OF BERNARD FARMS FOR KEMP- FUSSELL, L.L.C.', dated 10/08/02, prepared by Kellam-Gerwitz Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed and prior to receiving subdivision approval, the party of the fourth part shall dedicate or cause to be dedicated to thc Grantee that area depicted on the Concept Plan, for widening of Honand Road. Ir, addition, the party of the fourth part shall create the landscaped buffer with fencing and entrance feature along Holland Road substantially in accordance with the. Concept Plan. . Declaration When the Property is subdivided, it shall be subject to a recorded of Protective Covenants, Conditions and Restrictions ("Deed Restrictions"} administered by a Homeowners Association. The five foot (5~ landscape easement depicted on the Concept Plan adjacent to Holland Road and along the rear property lines of those lots adjacent to Holland Road, as well as the open space area containing the Lake/BMP and trail shall be dedicated to and maintained by the Homeowners Association. 4. When the Property is developed, the party of the fourth part shall instal] sidewalks within the public fight-of-way on both sides of all roads as depicted on the Concept Plan and create fencing and landscaping as depicted on the exhibit entitled "PRELIMINARY LANDSCAPE PLAN BERNARD FARMS", prepared by Kellam-Gerwitz PREPARED BY b'Yi~S, t~OU~DON. Engineering, Inc., dated 10/08/02, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 5. All homes constructed on the lots depicted on the Concept Plan shall have exterior architectural features, design, colors and building materiak,~ substantially similar to homes depicted on the photographs labeled "sample Homes -. Bernard Farms' which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. A minimum of twenty- three (23) homes shall have "all brick" exterior front surfaces and all front yards and side yards adjacent to a public street shall be sodded. 6. When the Property is developed, the party of the fourth part shall develop a lake approximately 0.787 acres in size and a multi-purpose trail as depicted on the Concept Plan, as a stormwater management facility. The lake shall incorporate the design features recommended in Section 8(n) of the Southern Watersheds Management Ordinance, including an emergent wetlands bench, winding shorelines, forebay areas and dedicated access. 7. All homes constructed on the lots shall contain no less than 2100 square feet of enclosed living area excluding garage area and an attached garage containing no less than 315 square feet. 8. When the Property is developed, the party of the fourth part shall pay to the party of the fifth part's Parks and Recreation Capital Improvement Program Account 4.970 (Park Playground Renovations) the sum of $31,000.00 to be used in renovating the existing 4.89 acre Landstown Meadows Neighborhood Park. Payment shall be made to the Parks and Recreation Department prior to Subdivision approval PREPARED BY }~AIIt~ & LEVY. pC and recordation. This payment shall satisfy the park area/open space requirement contained in the Subdivision Ordinance. 9. Further conditions may be required by the Grantee during detailed Sit~' Plan and/or Subdivision revxew and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City cod~:. requirements. Any references hereinabove to the R-SD Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date: of approval of this Agreement by City Council, which are by this reference. incorporated herein. The above conditions, having been proffered by the Grantor and allowed amd accepted by the Grantee as part of the _amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if t_he subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, PREPARED BY /S'Y[~S. t~OImDON. AIIt~,N & [D/Y. PC 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If agfp'ieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY SYkeS. ]~OL~DON. Mtl~N & LEVY. P C WITNESS the following signature and seal: GRANTOR: William Whitehurst (SEAL) STATE OF ~ CITY/COUNTY OF ~ rrna/ , to-wit: The foregoing instrument was acknowledged before me this October, 2002, by William Whitehurst. day oi Notary Public My Commission Expires: WILUAU C. RHODES PREPARED BY lSYEE$. ~OURDON. A~E~N & LEVY. P C WITNESS the following signature and seal: GRANTOR: - 'Ti~n-~thy C. Whi~ehurst, Sr. (SEAL) STATE OF VIRGINIA CITY OF CHESAPEAKE, to-wit: The foregoing instrument was acknowledged before me this October, 9.002, by Timothy C. Whitehurst, Sr.. / Notary Public My Commission le. xpires: ~ - ~--(.,) , (.~,,...~ day of PREPARED BY WSYKES. ~OURDON. A~tt~N & LffV'Y. P.C WITNESS the following signature and seal: GRANTOR: Eva Whitehurst STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this October, 2002, by Eva Whitehurst. day of My Commission Expires: Notary Public 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cahfom~a County of ~,~--~ ~, Date personally appeared .., before me, Place Notary Seal Above SS Name(s) of S~gner(s) personally known to me proved to me on the basis of sabsfactory ewdence to be the person(s:), whose name(s~ is/am subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/the+F authorized capacity(les), and that by h~/her/the+r slgnature(~ on the instrument the person(s.), or the entity upon behalf of which the person(s) acted, executed the ~nstrument W~N[E~S mY ~l'~ld ¢ll°~fficial seal S~gnature of Notary Public ' OPTIONAL .... Though the mforrnabon below ~s not required by law, ~t may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of th~s form to another document Description of Attached Document Title or Type of Document /~/.~'d'~;~i~/( / Document Date /0 [( ~ t//0~ Signer(s) Other Than Named Above Number of Pages /S' Capacity(ies) Claimed by Signer/ S~,gner's Name ~,,,cD ~J ~' J-~/%-~'5 ,,~ I~. Indlwdual [] Corporate Officer ~ Title(s) [] Partner--~ L~m~ted [] General [] Attorney ~n Fact ,~ Trustee ~ GuardIan or Conservator [] Other S~gner Is Represenbng ~:~// Top of thumb here 999 National Notary Assoc~at~:x~ · 9350 De S<Xo Ave P O Box 2402 o Chatsworth CA 91313-2402 · www n~onaJnotary org Prod No 5907 Reorder' Call Toll-Free 1-800-8766827 PREPARED BY §YK[$. ]~OURDON. Attt~N fi. LEVY. PC WITNESS the following signature and seal: GRANTOR: William Whitehurst (SEAL) STATE OF Iq~--~0 ~ ~ ciw/couN~v o~/~ ~z~ , TO The foregoing instrument was acknowledged before me this October, 2002, by William Whitehurst. Notary Public My Commission Expires: ~' WILLIAU C. RHODES 11 day of PREPARED BY SYkeS. [}0Ut~DON. A~EEN & lEVY. PC WITNESS the following signature and seal: GRANTOR: Roberta Turner (SEAL) STATE OF /~/~ CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this /aTT/day o! October, 2002, by Roberta Turner. My Commission Expires: EDWARD CABALLERO No~"y P,,bhc, State o[ New 1~o 24 o~2~4~0 ~~Qu~li~cd~~~~ m Su~olk 12 PREPARED BY 5-'Y[i:'S, [tOI~DON. AIt~N & LEVY. WITNESS the following signature and seal: GRANTOR: KEMP FUSSELL, L.L.C., a Virginia limited liability company BY:k_.~orge Kl~mp, Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 14th day of October, 2002, by George Kemp, Member of Kemp Fussell, L.L.C., a Virginia limited liability company. Notary Public My Commission Expires: August 31, 2006 13 PREPARED BY i§YI~$. ]}OUt, DON. Att~N & lIVY. P.C EXHIBIT "A~ PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the bmldings and improvement~; thereon and the appurtenances thereunto, situate, lying and being in the Kempsville Borough of the City of Virginia Beach, Virginia, and being more particularl~ designated as tract "13' 3.62 Ac." on that certain plat entitled, 'Subdivision ol Property of Julia Whitehurst Est., D.B. 317, P. 437, Kempsville Borough, Virginia Beach, Virginia", which said plat is duly recorded in the aforesaid Clerk's Office hq Map Book 81, at Page 2; reference to which plat is hereby made for a more particular description of the tract. GPIN: 1495-31-7600 PARCEL 2: ALL of that certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the Kempsville Borough of the City of Virginia Beach, Virginia, and being more particularly designated as tract ~'C' 3.16 AC." on that certain plat entitled, 'SUBDIVISION OF PROPERTY OF JULIA WHITEHURST EST., D.B. 317, P. 437, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VA.', which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 81, at Page 2; reference to said plat being made for a more particular description and location of the aforementioned property. GPIN: 1495-32-8040 PARCEL 3: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the Kempsville Borough of the City of Virginia Beach, Virginia, and being more particularly designated as tract "A' 3.56 AC.', on that certain plat entitled, 'SUBDIVISION OF THE PROPERTY OF JULIA WHITEHURST EST., D.B. 317, P. 437, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VA.", which plat is dated June 11, 1969, was made by W. B. Gallup, Surveyor, is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 81, at Page 2; reference to said plat is hereby made for a more particular description of the aforementioned property. GPIN: 1495-31-7397 CONDREZO~/~SSELL/PROFFER3 REV 12/16/02 14 \ ~ ~ .,~ / - LOCATION MAP ~~ SHOWING ,', I \ ENCROACHMENT REQUESTED : C A ASSOCIATES, INTO CITY RIGHT-OF-WAY FIRST COLONIAL ROAD AND WILDWOOD DRIVE SCALE: 1" = 100' BY PREPARED BY P/W ENG. CADD DEPT. APRIL 17, 2003 Item V-K. 6. - 46- PLANNING ITEM # 51188 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Counctl ADOPTED Ordinance upon apphcatton WENDELL C. FRANKLIN ofCA Associates re temporary encroachments tnto a portton of the right-of-way of Ftrst Colontal Road and Wtldwood Drtve to construct and mamtatn a decorattve alummum fence adjacent to Colomal Arms Circle. The following concltttons shall be requtred The temporary encroachment shall be constructed and matntained tn accordance wtth the laws of the Commonwealth of Virginia and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval The temporary encroachment shall termtnate upon notice by the Ctty to the apphcant and, wtthtn thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall tndemntf-y and hold harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses and expenses, tnclu&ng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or existence of the temporary encroachment Nothing heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant must obtain a permtt from the Office of Development Servtces Center/Planntng Department prtor to commenctng any constructton wtthtn the encroachment area Prtor to tssuance of a rtght-of-way permtt, the apphcant must post surettes tn accordance wtth the project engtneer's cost esttmate, to the Office of Development Services Center/Planntng Department May 13, 2003 Item V-K. 6. PLANNING -47- ITEM # 51188 (Continued) The apphcant shall obtain and keep tn force all rtsk property tnsurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The apphcant also agrees to carry comprehenstve general habthty insurance tn an amount not less than Five Hundred Thousand Dollars ($500,000), combtned stngle hmtts of such insurance pohcy or pohctes The apphcant must provtde endorsements provtdtng at least thtrty (30) days~ wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent, wtth relation to the temporary encroachment The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pendtng such removal, the City may charge the apphcant for the use of the temporary encroachment, the equivalent of what would be the real property tax upon the land so occupted t.f tt were owned by the apphcant, and tf such removal shall not be made wtthtn the ttme spectfied by the Ct(v, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars (MOO 00) per day for each and every day that such temporary encroachment ts allowed to continue thereafter, and, shall collect such compensatton and penalttes tn any manner provided by law for the collectton of local or state taxes Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Council Members Absent. None May 13, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Requested by Department of Publmc Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF FIRST COLONIAL ROAD BY C A ASSOICATES, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, C A Associates, desire to construct and maintain a fence into the C~ty's r~ghts-of-way located at First Colonial Road adjacent to 1801 Colonial Arms C~rcle. WHEREAS, C~ty Council ~s authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the C~ty's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authorIty and to the extent thereof contained ~n ~ 15.2-2009 and 15.2-2107, Code of V~rg~n~a, 1950, as amended C A Associates, assigns and successors ~n t~tle are authorIzed to construct and maintain a temporary encroachment for fencing ~n the C~ty's r~ght-of-way as shown on the map entitled- "EXHIBIT COLONIAL ARMS APARTMENTS ENCROACHMENT FOR FENCE", a copy of which ~s on file ~n the Department of Public Works and to which reference is made for a more particular description; and 24 25 26 27 28 29 30 31 32 33 34 35 BE IT FURTHER ORDAINED, that the temporary encroachment as expressly sub3ect to those terms, conditions and criteria contained in the Agreement between the C~ty of V~rgan~a Beach and C A Associates, (the "Agreement") whach is attached hereto and · ncorporated by reference; and BE IT FURTHER ORDAINED that the C~ty Manager or h~s authorized designee ~s hereby authorazed to execute the Agreement. BE IT FURTHER ORDAINED, that th~s Ordinance shall not be in effect until such tame as C A Associates and the C~ty Manager or h~s authorized designee execute the Agreement. Adopted by the Council of the C~ty of V~rg~nla Beach, Virginia, on the 13th day of May , 2003. 36 37 38 39 40 41 42 43 44 45 46 CA-# gsalmons/caassoclates/ord. R-1 PREPARED: 04.21.03 APPROVED AS TO CONTENTS DEP~NT APPROVED AS TO LEGAL SUFFICIENCY ~ CITY ~TTO~ PREPARED BY VIRGINIA BEACH CITY ArITORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this /~9 ~dayof /r~j9 ~'/ / , 2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and C A ASSOCIATES, a Virginia limited partnership, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WI TNE S S E T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "EDWARD P. BROGAN AND MARIO MONTAGINO", as shown on "PLAT OF PROPERTY TO BE ACQUIRED FOR FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA FROM EDWARD P. BROGAN AND MARIO MONTAGINO SCALE 1"=100' APRIL 19, 1973 ", as recorded in M.B.100, at page 10 in the Clerks Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 1801 Colonial Arms Circle, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain a fence, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as First Colonial Road, "The Temporary Encroachmem Area"; and GPIN: 2408-52-8755 WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonweakh of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT COLONIAL ARMS APARTMENTS ENCROACHMENT FOR FENCE", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereofto the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said C A Associates, L.P. has caused this agreement to be executed on its behalf by Wendell C. Franklin, General Partner of C A Associates, L.P., a Virginia limited partnership, with due authority to bind said limited partnership. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto afl[xed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ASSOCIATES, L.P. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2003, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this day of , 2003, by RUTH HODGES SMITH, MMC, City Clerk for the CITY OF VIRGINIA BEACH. My Co~m~nission Expires: Notary Public Rev 07 !4 02 1 J~ STATE OF CITY/CGUNTY OF L,P, ~ 0 lT-focl~ , to-wit: The foregoing instrument was acknowledged before me this lC)'~t¼ day of ,2003, by Wendell C. Franklin, General Partner, on behalf of C A Associates, My Commission Expires:~3q 0fi' APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY Notary Public APPROVED AS TO CONTENT ~ITY REAL ESTATE AGENT 7 %~5~_~ -- ~'~, ~ = ~ J Ys~ -- ~ ' '~ ~ E~HIBIT First Colonial Road' , ,: = ENCROACHMENT eor FENCE LOCATION MAP: SHOWING ENCROACHMENT REQUESTED ~, C A ASSOCIATES, L.P~.~',, INTO CiTY RIGHT-OF-WAY F! RST COLON IAL ROAD AND WILDWOOD DRIVE SCALE: 1" -- 100' BY WILDWOOD .J.S. PREPARED BY P/W ENG. CADD DEFq'. APRIL 17, 2003 - 48 - Item V-K. 7. a. 1/2 PLANNING ITEM # 51189 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd ADOPTED the Ordtnance and AUTHORIZED the SALE and CONVEYANCE upon apphcatton of the City of Virginia Beach for the dtsconttnuance, closure and abandonment of a portton of Old Princess Anne Road Apphcatton of the Ctty of Vtrgtnta Beach for the chsconttnuance, closure and abandonment of a portton of Old Prtncess Anne Road located on the west stde of Prtncess Anne Road (Relocated), 700feet more or less north of Flanagans Lane Satdparcel contatns 22, 590 square feet DISTRICT 7- PRINCESS ANNE AND, AUTHORIZED the City Manager to sell EXCESS proper~ and &spose of same by executtng a Deed of Exchange Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None May 13, 2003 ORDINANCE NO. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1N THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF PRINCESS ANNE ROAD (RELOCATED) 700 FEET MORE OR LESS NORTH OF FLANAGANS LANE SAID PARCEL CONTAINS 22,590 SQUARE FEET WHEREAS, on May 13, 2003, the City of Vlrglma Beach applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one year from City Council's adoption of th~s ordinance; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the C~ty of Vlrglma Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one year from C~ty Council's adoption of this ordinance All that certmn piece or parcel of land situate, lying and bmng in the City of Vlrglma Beach, Virginia, designated and described as "RIGHT-OF-WAY AREA TO BE CLOSED AND VACATED = 22,590 SQ. FT. = 0 51859 ACRE," shown as the shaded area on that certain plat entitled "PLAT SHOWING STREET CLOSURE AND VACATION OF FORMER PRINCESS ANNE ROAD, VIRGINIA BEACH, VIRGINIA," Scale 1"=100', dated March 8, 2002, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, a copy of which ~s attached hereto as Exhibit A. 29 GPIN' 2413-06-2354, 2403-96-9922 and 2403-95-8658 3O 31 32 33 36 37 38 4O 42 47 50 SECTION II The following conditions must be met on or before one year from the City Council's adoption of this ordinance: 1. The property shall be resubdlvlded to vacate internal lot lines and incorporate the closed right-of-way area into the adjoining properties as shown on the subdivision plat entitled "SUBDIVISION PLAT OF PROPERTY OF ROBERT W. WHITE, JR., EXECUTOR OF THE ESTATE OF ROBERT W. WHITE", prepared by City of Virginia Beach Engineering D~vlslon, Survey Bureau, Department of Pubhc Works and dated March 28, 2002. The subd~vlslon plat has been exhibited to City Council and is on file in the Planning Department. 2. A Quitclaim Deed from Robert W White, Jr and Kathryn Martin, Substitute Co- Trustees, to Robert W. White, Jr., Executor of the Estate of Robert W White, Sr., for the Trust's interest in the underlying fee of the road shall be recorded There shall be no encumbrances on the road Releases from any lien holders shall be provided. 3. A Quitclaim Deed from the City of Virginia Beach to Robert W. White, Jr, Executor of the Estate of Robert W. White, Sr for the property formerly owned by Ida Malbon (GPIN 2413-06-2354) shall be recorded This deed shall reserve a drainage easement as shown on the subdivision plat referenced above. 4 The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Prehm~nary comments from the ut~hty compames ~nd~catc that thcrc arc no private utlhtles within the right-of-way proposed for closure If private utlht~es do ex~st, easements satisfactory to the utility company shall be provided 51 52 53 54 55 56 57 58 59 60 63_ 62 63 64 5. Closure of the right-of-way shall be contingent upon settlement of the three condemnation actions styled' City of V~rg~ma Beach v Robert W White, Sr. and Bonme E White, (At Law No. CL 92-1161); C~ty of V~rg~ma Beach v Robert W White, Trustee (of Trust "A" Under the Wall ofWdlard L. White, Deceased), (At Law No CL92-1200); and C~ty of V~rg~ma Beach v Robert W White and Bonme E White, etc (At Law No CL92-1163) ~nclud~ng (a) approval of settlement by C~ty Councd, (b) F~nal Orders Vesting T~tle entered by the Court; (c) all necessary settlement documents fully executed and dehvered to C~ty 6 Beyond the above cond~tlons, no further consideration shall be reqmred from Resolution of the three condemnation stats ~s the consideration for the road abutting landowners closure. 7. Closure of the right-of-way shall be contingent upon comphance with the above stated conditions w~th~n 365 days of approval by C~ty Councd. If all conditions noted above are not accomphshed and the final subd~wsion plat ~s not approved and recorded w~thin one year of the C~ty Council vote to close the roadway, th~s approval wall be considered null and void 65 66 67 68 69 SECTION III 1. If the preceding conditions are not fulfilled on or before May 12, 2004, th~s Ordinance wall be deemed null and void w~thout further action by the C~ty Councd 2. If all condlUons are met on or before May 12, 2004, the date of final closure ~s the date th~s ordinance ~s recorded by the City Attorney. 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 SECTION IV 3. A certified copy of this Ordinance shall be filed in the Clerk% Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the City of Virginia Beach, Virginia, on this ~ day of ~ay ,2003. CA-8367 April 16, 2003 C \Documents and Sett~ngs\bduke~,ocal Setnngs\Temp\CA83670 WPD APPROVED AS TO CONTENT Plann~artment APPROVED AS TO LEGAL SUFFICIENCY C~ty Attorney II CITY OF VIRGINIA BEACH/# 9 August 14, 2002 General Information: REQUEST: ADDRESS: Street Closure Porbon of Old Pnncess Anne Road, beginning at a point 700 feet north of Flanagan's Lane / AG-I / / / i / / AG-I AG-2 ELECTION DISTRICT: SITE SIZE: 7-PRINCESS ANNE 22,590 square feet Planning Commission Agenda August 14, 2002 CITY OF VIRGINIA BEACH/# 9 Page I PREPARED BY S~[S. ttOURDON. Alii;tiN & LIVY. P C WITNESS the following signature and seal: GRANTOR: William Whitehurst (SEAL) STATE OF N~--VO CITY/COUNTY OF The foregoing instrument was acknowledged before me this October, 2002, by William Whitehurst. Notary Public My Commission Expires: WILLIAM C. RHODES 11 day of PREPARED BY ISYEES. POUPDON. AltON & [.ffVY. PC WITNESS the following signature and seal: GRANTOR: Roberta Turner (SEAL) STATE OF ~/~-~ CITY/COUNTY , to-wit: The foregoing instrument was acknowledged before me this /t, 7~/day of October, 2002, by Roberta Turner. My Commission Expires: EDWARD CABALLERO NOtal3/p,~bl;c, State o~ New No 24 0519460 Qualif. cd m Saffolk Coulaty 12 PREPARED BY liS~ES. ItOUtlDON. At-IEI~N & LEVY, P C WITNESS the following signature and seal: GRANTOR: KEMP FUSSELL, L.L.C., a Virginia limited liability company BY:i ~orge K~m~, ~I ember (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 14th day of October, 2002, by George Kemp, Member of Kemp Fussell, L.L.C., a Virginia limxted liability company. Notary Public My Commission Expires: August 31, 2006 13 PREPARED BY §Yi~$. ItOt~DON. AItEt~N & LEVY. P C PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto, situate, lying and being in the Kempsville Borough of the City of Virginia Beach, Virginia, and being more partncularly designated as tract ''qB' 3.62 Ac." on that certain plat entitled, "Subdxvision of Property of Julia Whitehurst Est., D.B. 317, P. 437, Kempsville Borough, Virginia Beach, Virginia", which said plat is duly recorded in the aforesaid Clerk's Office in Map Book 81, at Page 2; reference to which plat is hereby made for a more particular description of the tract. GPIN: 1495-31-7600 PARCEL 2: ALL of that certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the Kempsv~lle Borough of the City of Virginia Beach, Virginia, and being more particularly designated as tract "'C' 3.16 AC." on that certain plat entitled, "SUBDIVISION OF PROPERTY OF JULIA WHITEHURST EST., D.B. 317, P. 437, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VA.", which plat is duly recorded m the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 81, at Page 2; reference to said plat being made for a more particular description and location of the aforementioned property. GPIN: 1495-32-8040 PARCEL 3: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the Kempsville Borough of the City of Virginia Beach, Virgxnia, and being more particularly designated as tract "'A' 3.56 AC.", on that certain plat entitled, 'SUBDIVISION OF THE PROPERTY OF JULIA WHITEHURST EST., D.B. 317, P. 437, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VA.", which plat is dated June 11, 1969, was made by W. B. Gallup, Surveyor, is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 81, at Page 2; reference to said plat is hereby made for a more particular description of the aforementioned property. GPIN: 1495-31-7397 CONDREZONE/KEMPFUSSELL/PROFFER3 REV 12/16/02 14 ORDINANCE NO. AN ORDINANCE TO DECLARE CERTAIN CITY PROPERTY EXCESS AND AUTHORIZE THE CITY MANAGER TO DISPOSE OF SAME BY EXECUTING A DEED OF EXCHANGE WITH ESTATE OF ROBERT W. WHITE, SR. AND ROBERT W. WHITE, JR., AND KATHRYN L. MARTIN, SUCCESSOR CO- TRUSTEES WHEREAS, the City Council of the City of Virginia Beach authorized and funded 10 CIP 2-134, Rural Road Improvements - Princess Anne Road at Flanagan's Lane for right of way purposes, which included relocating Princess Anne Road near Flanagan's Lane in the C~ty of Virginia Beach; 13 WHEREAS, the City of Virginia Beach acquired property at the above-referenced location from Ida Mae Malbon by Order recorded in Deed Book 3494, at page 11, which property described as "TAKING AREA" on the acquisition plat recorded in the Clerk's Office of the City of Virginia Beach in Map Book 211, at page 29; 17 WHEREAS, the City Council is of the opinion that approximately 23,371 Sq. Ft. 2_8 (.5365 Acres) of the property acquired is ~n excess of the needs of the City of Vlrg~ma Beach 19 ("Excess Property"), designated as "PROPERTY TO BE CONVEYED BY THE CITY OF 2 0 VIRGINIA BEACH TO ROBERT WHITE AREA = 23,571 SQ. FT. = .53652" and also described 2 2_ as "CITY OF VIRGINIA BEACH M.B. 211 PG. 29 GPIN 2413 06 2354" on that certain plat entitled 2 2 "PLAT SHOWING PROPERTY TO BE CONVEYED BY THE CITY OF VIRGINIA BEACH TO 2 3 ROBERT W. WHITE, JR., EXECUTOR OF THE ESTATE OF ROBERT W. WHITE," dated 24 March 28, 2002, a copy of which is attached hereto as Exhibit A.; 25 WHEREAS, the C~ty of Virginia Beach recorded Certificate of Take No 1237 2 6 against Robert and Bonnie White; Certificate of Take No. 1238 against Robert W. White, Trustee; 2 7 and Cemficate of Take No. 1239 agmnst Robert and Bonnie White, totaling approximately 5.04 2 8 acres together w~th various easements (the "White Property"); 29 WHEREAS, ~n connection w~th the Certificates of Take 1237, 1238 and 1239, the 3 0 C~ty of Virg~ma Beach paid into court funds ~n the amount of $46,400.00, $13,000.00 and $1,800.00, respectively. 32 WHEREAS, Mr. White is now deceased, and Robert W. White, Jr., Executor of the 3 3 Estate of Robert W. White, ~s representing Wh~te's rights (the "Estate"), and Robert W. White, Jr., 3 4 and Kathryn L. Martin, Successor Co-trustees, are representing the rights of the trust for which 3 5 Robert White, Sr. was trustee before h~s death (the "Trust"); 36 WHEREAS, a global settlement of the above-referenced condemnation matters has 3 7 been reached between the C~ty of Virg~ma Beach, the Estate and the Trust. Under the proposed 3 8 settlement agreement, the City would convey title to the Excess Property, close a port~on of Old 3 9 Princess Anne Road and pay ad&t~onal funds ~n the total amount of $32,515.20, in exchange for the 4 0 property described in Cemficate Nos. 1237, 1238, 1239, whmh are recorded ~n the Clerk's Office. 41 NOW, THEREFORE, BE IT ORDA1NED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 1. That the Excess Property described above and also shown on the plat marked 4 4 as Exhibit A ~s hereby declared to be in excess of the needs of the C~ty, and that the C~ty Manager 4 5 IS hereby authorized to execute an agreement to exchange smd City Property for the property 4 6 described in Certfficates Nos. 1237, 1238, 1239, ~n settlement of the condenmat~on actions. 4 7 2. That the City Manager ~s authorized to execute a Deed of Exchange w~th the 4 8 Estate ~n accordance w~th the attached Summary of Terms marked as Exhibit B and such other terms, 49 conditions or modfficat~ons as may be satisfactory to the City Attorney. 5O Th~s ordinance shall be effective from the date of its adoption 51 Adopted by the Council of the City of Vlrglma Beach, V~rginla, on the 1 3 th day of 5 2 Ma ¥ ,2003 F \Data\ATY\Forms\Deeds\EXCESS\ca8368 ord wpd March 24, 2003 Approved as to Content Office of Real Estate Approved as to Legal Sufficiency Ci{(y ~tto~ney ' II NOT TO SCALE ~._/ ROBERT W. WHITE, TRUSTEE PARCEL 009 ~ // // LAND ACQUIRED FROM// ROBERT W. WHITE // BY CITY OF VIRGINIA BEACH EXCESS PROPERTY ~ TO BE CONVEYED TO ROBERT WHITE We ROBERT W. WHITE, TRUSTEE PARCEL 0O3 MAP SHOWING LAND EXCHANGE BETWEEN ROBERT WHITE AND CITY OF VIRGINIA BEACH PA. DGN M.I $ PREPARED BY PAR/ ENG. CADD DEPT. APRIL 28, 2003 .. I.t()BI RI WIIIil 'S I~,1 ,.,II~I~,Xl I'AR( I I tL3~6-1534 I X('FS% PROPERTY I() I!1- ( ()NVEYED TO I,t()ltl R i WHITE ()I_D PRINCESS ANNE ROAD TO BE CLOSED O O O © © © O O O O P,a.. DCiN M.,I.S. LOCATION MAP SHOWING EXCESS PROPERTY TO BE CONVEYED TO ROBERT WHITE GPIN 3413-06-2354 SCALE:I'/ = 200' / / / PREPARED BY PAN ENG CADD DEPT. APRIL 28, 2003 EXHIBIT B SUMMARY OF SETTLEMENT TERMS AGREEMENT FOR ROAD CLOSURE AND EXCHANGE OF EXCESS CITY PROPERTY LOCATED ON OLD PRINCESS ANNE ROAD NEAR FLANAGAN'S LANE OWNED BY THE CITY OF VIRGINIA BEACH FOR THREE PARCELS DESCRIBED IN CERTIFICATE NOS. 1237, 1238 AND 1239 ROBERT W. WHITE, SR. (Parcel 005) ROBERT W. WHITE, SR. (Parcel 009) ROBERT WHITE, Trustee (Parcel 003) Certificate No. 1237- funds paid into court: $46,400. Settlement: Pay no additional money, but close and quitclaim 0.5185 acre port~on of Old Princess Anne Road (the "Road Closure"). Certfficate No. 1239 - funds paid ~nto court: $1,800. Settlement: Pay additional $515.20 (no interest). [This figure is arrived at from a total settlement figure of $3,600.00, subtracting the $1,800.00 that has already been paid. From the remaining $1,800.00, subtract $1,284.80 (the value of the right-of-way to be closed ~n connection with 005) leaving an additional $515.20 to be paid by C~ty.] Certificate No. 1238- funds paid into court: $13,000. Settlement: (1) Pay additional $32,000 (no ~nterest); (2) the Road Closure referred to in Parcel 005 settlement; and (3) convey .5354-acre parcel excess property (former Ida Mae Malbon s~te) ("Excess Property"). CLOSING DATE: The anticipated closing will take place after the City Council has approved the Road Closure and the Excess Property sale. All cond~tlons of Road Closure must be satisfied w~th~n one year. SPECIAL TERMS AND CONDITIONS: Road Closure and sale of Excess Property to be approved by Council, Deed of Exchange to be recorded, Motion to Reinstate to be entered on all three parcels, Motion, Order and Agreement after Certificate to be presented to the Court and appropriate documents recorded in the Clerk's Office. All parties must agree to these terms. The subdivision plat and the Road Closure plat will be recorded s~multaneously at closing. F XData~TYXForms\COND\WORKING~PA\ca8368 sum wpd Item V-K. 7. b. 1/3 - 49- PLANNING ITEM # 51190 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED the SUBSTITUTE ORDINANCE re Amendment to the City Zoning Ordinance (CZO): 3~901re Ctty of Vtrgtnta Beach / Colleges, Universities and Business Schools to tnclude pubhc or prtvate colleges and untverstttes as condtttonal uses 3~801 re to make bustness and vocattonal schools condtttonal uses tn the B-IA,B-2, B-3, B-3A, and B-4 Bustness Dtstrtcts and make pubhc or prtvate schools, colleges and untverstttes condtttonal uses tn the 0-2 Office Dtstrtct Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None May 13, 2003 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE TO ALLOW PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES AS CONDITIONAL USES AND TO CHANGE BUSINESS AND VOCATIONAL SCHOOLS FROM PERMITTED TO CONDITIONAL USES IN THE IN THE B- IA, B-2, B-3, B-3A AND B-4 BUSINESS DISTRICTS AND TO CHANGE PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES FROM PERMITTED USES TO CONDITIONAL USES IN THE 0-2 OFFICE DISTRICT Sections Amended: CZO ~ 801 and 901 12 WHEREAS, the public necessity, convenience, general welfare 13 14 15 and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 That Sections 801 and 901 of the City Zoning Ordinance are 18 hereby amended and reordained, to read as follows: 19 ARTICLE 8. OFFICE DISTRICTS 20 21 Sec. 801. Use regulations. 22 (a) Principal and conditional uses. The following chart lists 23 those uses permitted within the O-1 and 0-2 Office Districts. Those 24 uses and structures in the respective Office Districts shall be 25 permitted as either principal uses indicated by a "P" or as 26 conditional uses indicated by a "C." Uses and structures indicated 27 by an "X" shall be prohibited in the respective districts. No uses 28 or structures other than as specified shall be permitted. 29 Use O1 02 30 31 32 33 Public Schools, colleges and universities, and private schools, colleges and universities having similar academic curriculums C -P' C 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 ARTICLE 9. BUSINESS DISTRICTS Sec. 901· Use regulations. (a) Principal and conditional uses· The following chart lists those uses permitted within the B-1 through B-4 Business Districts· Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts· No uses or structures other than as specified shall be permitted· Use B-1 B-IA B-2 B-3 B-3A B-4 · · · Business and voca- tional schools which do not involve the operation of woodwork shops, machine shops or other similar facilities X ~ Q ~ Q ~ ~ ~ ~ ~ Q Colleges and uni- versities, public or private ~ ~ ~ ~ ~ ~ Adopted by the Council of the City of Virginia Beach, Virginia on this 13th day of May, 2003. CA-8812 ORDIN\PROPOSED\czo801 & 901ord.wpd R-1 March 26, 2003 Item V-K. 7. b. 2. - 50- PLANNING ITEM # 51191 Upon motion by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Counctl DENIED re Amendment to the City Zoning Ordinance (CZO): ~ 901 re Colleges In Business Districts to tnclude pubhc or prtvate colleges and untverstttes as permttted uses tn the B-2, B-3, B-3A, and B-4 Bustness Dtstrtcts Votmg 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None May 13, 2003 - 51 - Item V-L. 1. APPOINTMENTS ITEM # 51192 B Y CONSENSUS, Ctty Counctl RESCHEDULED thefollowtng APPOINTMENTS EASTERN VIRGINIA MEDICAL SCHOOL FRANCIS LAND HOUSE BOARD OF GOVERNORS OPEN SPACE COMMITTEE YOUTH SER VICES CO UNCIL May 13, 2003 - 52 - Item V-L. 2. APPOINTMENTS ITEM # 51193 Upon NOMINATION by Councdman Wood, Ctty Counctl APPOINTED: Joel Fink Unexpired term thru 08/31/03 plus three years 09/01/03 - 08/31/06 PARKS AND RECREATION COMMISSION Vottng 11-0 Councd Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None May 13, 2003 - 53 - Item V-O. AD JO URNMENT ITEM # 51194 Mayor Meyera E Oberndorf DECLARED the City Counctl Meeting ADJOURNED at 8:47 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ct.tv Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgmta Beach Vtrgtnta May 13, 2003