HomeMy WebLinkAboutMAY 9, 2006 MINUTES
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
CITY COUNCIL
MA YOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - Districl 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centervil/e - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
C17Y A1TORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
9 MAY 2006
I.
CITY MANAGER'S BRIEFING
Conference Room
1. RUDEE LOOP
Donald Maxwell, Director, Economic Development
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE'(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
1:30PM
2. COX CABLE FRANCHISE
Gwen Cowart, Director, Communications and Information Technology Department
3. FY 2006-2007 BUDGET DISCUSSION
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V.
INFORMAL SESSION
Conference Room
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
4:00 PM
VI. FORMAL SESSION
Council Chamber
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Walter A. Whitehurst
Pastor - Retired
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.
PUBLIC HEARING:
FY 2006-2007 Management Resource Plan (Budget)
April 20, 2006
2.
INFORMAL and FORMAL SESSIONS
April 25, 2006
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. COX COMMUNICATIONS HAMPTON ROADS LLC, INC. - Franchise
2. LEASE OF CITY-OWNED PROPERTY
a. C.B.M. Co. tla SCHOONER INN - 215 Atlantic Avenue
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Ordinances re FY 2006-2007 Biennial Resource Management Plan (Operating Budget):
a. EST ABLISH the tax levy on real estate for FY 2007 at $0.99
b. ESTABLISH the tax levy on personal property and machinery and tools for the
calendar year 2007 at $3.70
c. APPROPRIATE $1,639,515,908 for the Fiscal Year, beginning July 1,2006, and ending
June 30, 2007, for Operations and $575,632,538 in Interfund Transfers regulating the
payment of money out of the City Treasury, as amended
d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S.
Department of Housing and Urban Development (HUD) re review, approval and funding
of the Plan
e. AMEND 9935-64 and 35-67 of the City Code re the exemption or deferral of real
estate taxes for elderly or disabled persons by increasing income and net worth limits
f. APPROPRIATE $9,000,000 funding within the Sandbridge Tax Increment
Financing (TIF) District as SURPLUS in the FY 2005-2006 Operating Budget
g. AMEND funding sources for the Agriculture Reserve Program (ARP) by lowering
the amount of real estate tax revenue to nine-tenths of a cent (.9 cent)
h. AMEND 917-19 ofthe City Code re assessment of additional Court costs to support
the Public Law Library
1. AMEND ~35-280 of the City Code re motor vehicle license fees
2. Ordinances re FY 2006-2007 BIENNIAL CAPITAL BUDGET:
a. FY 2007/FY 2012 Capital Improvement Program (CIP) and APPROPRIATE
$214,569,984 for the FY 2007 Capital Budget, subject to funds being provided from
various sources set forth therein
b. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the
maximum amount of$63,800,000 for various public facilities and general improvements
c. AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the
maximum amount of $2,51 0,000
d. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum
amount of $18,950,465
e. Resolution AUTHORIZING the City Manager to use EXCESS FY2005-06 Fund
Balance from the General Fund for selected capital projects
3. Ordinance to AMEND and REORDAIN 996-112 and 6-113 re designation of channel
lines and mooring or anchoring within marked channels
4. Ordinance to ADD 921-303.1 to the City Code for enforcement and penalties re parking
spaces reserved for persons with disabilities violations
5. Ordinance AUTHORIZING the City Manager to execute a twelve-month Lease with the
C.B.M. Co. TIA SCHOONER INN to be used as an overflow parking lot for registered
guests at 108 Atlantic Avenue (DISTRICT 6 - BEACH)
6. Ordinance AUTHORIZING the Sheriff to reimburse $1,500 to a Deputy for legal fees
and expenses incurred during defense of a criminal charge resulting from the
performance of official duties from the Sheriffs office FY 2005-06 Operating Budget.
7. Ordinances to AUTHORIZE temporary encroachments into:
a. City's right-of-way at Cypress Avenue (aka 416 Caspian Avenue) by
CHRISTOPHER A. and KALLI T. SCAGLIONE to construct and maintain
riprap and a pier (DISTRICT 6 - BEACH)
b. Bass Inlet East (adjacent to 2841 Sandpiper Road) by ANDERS HELLSTROM
to construct and maintain a boat dock (DISTRICT 7 - PRINCESS ANNE)
8. Ordinance to APPROPRIATE $49,185 in estimated revenue from the State
Compensation Board to the Commonwealth's Attorney's FY 2005-06 Operating Budget
re purchase of equipment and various other expenses.
9. Ordinance to ACCEPT and APPROPRIATE $80,000 from West Neck Properties, Inc.
(Eagles Nest) to Capital Improvement Project (CIP) "Open Space Program Site
Acquisition," re acquiring land for open space consistent with the Outdoors Plan.
10. Ordinance to ACCEPT and APPROPRIATE $31,000 from Kemp Fussell, L.L.C.
(Bernard Farms) to the Capital Improvement Project (CIP), "Park Playground
Renovations - Phase II," to subsidize renovations to Landstown Meadows
Neighborhood Park.
11. Ordinance to TRANSFER $4,000,000 within the FY 2005-06 School Board Operating
Budget:
a. $1,090,000 from Instruction to Transportation
b. $2,500,000 from Instruction to Operations and Maintenance
c. $ 410,000 from Administration, Attendance and Health to Operations and
Maintenance
12. Resolution ESTABLISHING the Green Ribbon Committee re improvement of water
quality in the City's waterways
K. PLANNING
1. Application of ROBERT M. ROUSSEAU for an Enlargement of a Nonconforminsz Use
at 403 16th Street. (DISTRICT 6 - BEACH)
STAFF RECOMMENDATION:
INDEFINITE DEFERRAL
2. Application of BURTON and NANCY C. JUDA for a Conditional Use Permit re a
residential kennel for seven (7) dogs at 205 Coventry Road. (DISTRICT 2 -
KEMPSVILLE)
RECOMMENDA TION:
APPROV AL
3. Application of JOHN and VICKIE CHAPPELL for a Conditional Use Permit re a
home occupation (to construct a building for the production of jams, jellies, cakes) at
506 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROV AL
4. Application of LUCY RUTTER for a Conditional Use Permit re alternative residential
development to subdivide the site into three (3) residential lots at 2165 Pungo Ferry
Road. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPRO V AL
5. Applications of PROSPERITY BEACH, L.L.C. and W A W A, INC. at Oceana
Boulevard and Eaglewood Drive. (DISTRICT 6 - BEACH):
a. Prosperity Beach L.L.C. for a Change of Zoning District Classification from AG-2
Agricultural District to Conditional B-2 Community Business District to develop the
site for fuel and retail sales
b. W A W A, INC for a Conditional Use Permit re gasoline sales in conjunction with a
convenience store
RECOMMENDATION:
APPROV AL
6. Application of29 OCEAN, L.L.C. for a Change of Zoning from RT-3 Resort Tourist,
A-36 Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist with a Laskin
Road Gateway Overlay at Arctic Avenue and 29th Street. (DISTRICT 6 - BEACH)
DEFERRED:
RECOMMENDATION:
APRIL 25, 2006
APPROV AL
7. Application of DANNY K. MARTIN for a Change of Zoning District Classification
from R-5D Residential Duplex District to Conditional I-I Light Industrial District at 5840
Burton Station Road to develop an office-warehouse facility. (DISTRICT 4 -
BA YSIDE)
STAFF RECOMMENDS:
PLANNING COMMISSION RECOMMENDS:
DENIAL
APPROV AL
8. Application of 1345 OCEANA, L.L.C. for a Change of Zoning District Classification
from AG-2 Agricultural District to Conditional B-2 Community Business District at 1345
and 1335 Oceana Boulevard to develop the site with office-warehouse (storage) and
commercial uses. (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
9. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District
Classification from R-20 Residential District to P-l Preservation District at the northeast
extremity of Shell Road to preserve the property as OPEN SPACE. (DISTRICT 4 -
BA YSIDE)
RECOMMENDATION:
APPROVAL
M. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
GREEN RIBBON COMMITTEE
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASK FORCE
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
PARKS AND RECREATION COMMISSION
SHORE DRIVE ADVISORY COMMITTEE
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
SPORTS AUTHORITY OF HAMPTON ROADS
N. UNFINISHED BUSINESS
O. NEW BUSINESS
1. Reschedule or cancel Informal and Formal Sessions of July 4,2006 (legal holiday).
P. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call 1-800-328-1120
* * * * * * * * * * *
Agenda 05/04/06 gw
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- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
9 May 2006
Mayor Meyera E. Oberndorf called to order the 2006-2007 RESOURCE MANAGEMENT PLAN
WORKSHOP re Virginia Beach City Schools in the City Council Conference Room, City Hall, on
Tuesday, April 25, 2006, 2006 at 2:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron
A. Villanueva and James L. Wood
Council Members Absent:
Richard A. Maddox
[Entered: 2:00 P.M.]
Jim Reeve
[Entered: 1:38 P.M.]
Rosemary Wilson
[Entered; 1:40 P.M.]
May 9, 2006
- 2 -
MA YOR'S COMMENTS
1:30 P.M.
ITEM # 55158
Mayor Oberndorf introduced and congratulated Council Members-Elect:
Barbara M. Henley
Princess Anne - District 7
William R. "Bill" DeSteph
At Large
John E. Uhrin
Beach - District 6
ITEM # 55159
Mayor Oberndorf advised the City Manager's Briefing re RUDEE LOOP will be RESCHEDULED.
Council Lady McClanan requested information be provided relative Rudee Loop which had prompted
this Briefing.
May 9, 2006
- 3 -
C IT Y MANA G E R 'S B R IE FIN G
COX CABLE FRANCHISE
1:33 P.M.
ITEM # 55160
Gwen Cowart, Director - Communications and Information Technology, advised the East Coast
Regional Association of Public Safety Communications Officials Conference, is being conducted at the
Convention Center (May 8 through May 10, 2006). Mayor Oberndorf welcomed these officials to the
City on May Eighth.
On July 24, 2003, Cox Communications notified the City of their desire to renew the 1991 cable
franchise. The proposed franchise ordinance provides favorable economic and customer service terms in
relation to both the existing 1991 franchise and the newly enacted state ordinance franchise legislation.
Key Components
IO-year term
The franchise fee (5%) is calculated using the current definition of gross
revenues through December 31, 2006. The Virginia Sales and Use Tax
definition of gross revenues will apply January 1, 2007. (Cox Cable has
continued to use the existing broader definition of Gross Revenues
through December 31,2006)
Preserves three (3) existing Basic Tier Government and Education
Access Channels
Adds future growth of four (4) digital Government and Education Access
channels, of which one will be encrypted for use as an internal training
channel, which provides new opportunities for training Public Safety
employees
Provides for a capital fee of $0.20 per subscriber per month to support
educational and governmental access channel capital and other service
needs identified during the community needs assessment
Provides cable service to all municipal and public school facilities
Requires a convenient local customer service and bill payment location
in the City where subscribers can receive face-to-face service
Consistent with all federally required customer service and customer
protection standards
Thomas A. Prevette, Vice President - Government Affairs, Cox Communications, advised there will not
be a rate increase as a result of the Franchise. Mr. Prevette expressed appreciation to the City
Manager's staff for the forthright and professional manner in which the Franchise renewal was
conducted. This is an incredibly competitive environment. Verizon is currently building a system, which
upon the successful negotiation of a Cable television franchise with the City of Virginia Beach, will allow
them to compete with Cox Communications. Concern was expressed relative the intrusions and damage
by Verizon into various neighborhoods.
May 9, 2006
- 4 -
C IT Y MANA G E R 'S B R IE FIN G
COX CABLE FRANCHISE
ITEM# 55160 (Continued)
Cox is entering their 30th year being the sole franchise provider of cable television to the City of Virginia
Beach and believed it in their best interest, prior to a new State law being effective, to negotiate a
mutually agreeable Franchise.
Cox faces continuing increases from contact providers and cannot guarantee Cox nor Verizon prices will
ever increase. Under State Law, Verizon has the right to designate their initial service area (i.e.10%,
20% or 50%) of the City and must build out 100% of their initial service area in three (3) years. City
Council has the ability within seven (7) years to require 65% of the available homes to be served by a
new competitor and 80% within ten (10) years. Mr. Prevett advised the negotiated points in the Franchise
are not the components requiring upward pressure of the rates. Cox has historically charged a 5%
Franchise Fee passed through to the customers and this is then remitted to the City as aform offranchise
payment. Effective January 1, 2007, a State Sales Tax will replace a Franchise Fee. The sections of the
Code, which dictate rates to citizens, will then be utilized and these will then be reallocated in a formula
developed in Richmond. In addition to this Sales tax, there will also be a 65~ per customer subscriber
access client charge remitted directly to the City.
Mrs. Cowart advised currently there is Federal legislation under consideration which could take all of
franchising and right-ol-way administration from the State and localities and place at the Federallevel.
If a neighborhood moves to underground utilities, the Franchise stipulates Cox Communications must
stay consistent and continue to place lines underground.
The Cox Communications Franchise Ordinance shall be scheduled for the City Council Session of May
23,2006.
May 9, 2006
- 5 -
CITY COUNCIL'S DISCUSSION
FY 2006-2007 RESOURCE MANAGEMENT PLAN
ITEM # 55161
2:10P.M.
Mayor Oberndorf and Vice Mayor Jones referenced their correspondence of May 3, 2006 re Budget
Reconciliation Items.
Referencing the Proposed General Fund Reductions (FY 2006-07 and FY 2007-08) distributed during
City Council Budget Reconciliation on May 3, 2006, Council Lady McClanan expressed concerns of both
citizens, volunteers and employees of the Agricultural Department, 4-H, Master Gardners, Farmers
Market, CERT Coordinator, the Color Committee, etc. Council Lady McClanan had been advised by all
that she was the one who instituted all of these "cuts". Council Lady McClanan has been closer to these
facets of Agriculture than anyone in the City. She grew up a 4-H member and was the second best in
Kentucky and then the best and subsequently an International Farm Youth Exchangee. Mrs. McClanan
has worked with the Color Committee since its formation. The School system is not the only one "too-
heavy" with employees; the City continues to add people. There are many volunteers who are Master
Gardners, and the participants in the Friday Night Hoe-downs.
Councilman Dyer concurred and believed a process problem exists. Councilman Dyer advised the City's
commitments and expenditures are exceeding revenue and the City is not reducing the spending.
Councilman Dyer suggested a year-round budget process.
Councilman Diezel suggested the City Council's Annual Retreat be dedicated to the method of structuring
the Operating Budget process. Government Spending should be capped at no more than 5% per year until
the Budget is determined, irrespective of what the real estate appreciation may be. Councilman Diezel
does not believe the D.A.R.E. function should be cut in 'half.
Mayor Oberndorf referenced a telephone call from a very active Chair of the Soil and Water
Conservation group. The City Manager had stated these cuts were not designated as recommendations,
simply ideas to review. This list had been prepared in response to a request from several City Council
Members to lower the tax rate even further. Mayor Oberndorf advised the City Manager had
recommended this list not be distributed.
The City Manager referenced the only criteria utilized in the list was to separate core functions from non-
core functions. The City Manager advised Virginia Beach has the lowest real estate, personal property
and utility rates in the Region. Solid waste service is provided without a charge.
Councilman Reeve believes in four-man staffing for the fire fighters. He does not support cutting the
Department of Agriculture. He believes the next two years would entail "tough" work as these real estate
assessments flatten out and the Federal and State Governments do not provide the roads and maintain
Standards of Learning and Quality of the Schools. The Virginia Beach Public Schools will continue to be
the major growth in the Operating Budget.
Council Lady McClanan referenced Councilman Schmidt's correspondence of May 3, 2006.
May 9, 2006
- 6 -
C IT Y CO UN C I L 'S D IS C US S ION
FY 2006-2007 RESOURCE MANAGEMENT PLAN
ITEM # 55161 (Continued)
Councilman Wood expressed concern re the elimination of the Microcomputer Systems Analysts I and II
positions in Centralized Booking (Sheriff's Department). The City Manger advised options have been
identified. The addition of more Deputies than Police Officers has been approved. This item shall be
reviewed. The City Manager suggested between the Sheriff and Police Departments, the funding should
be found. Councilman Wood believes the tax assessment process should be discussed with the State
Legislators.
Councilman Schmidt distributed his Analysis of Virginia Beach Real Estate Taxes. The document
basically states the real estate tax, which was $396-MILLION in FY 2005-2006, will increase to $464-
MILLION in FY 2006-2007 AND $529-MILLION in FY 2007-2008, A $68-MILLION increase this year
and a $65-MILLION increase next year.
Utilizing Mrs. Whitesell's 4% attrition rate, and taking total personnel expenditures equates to
approximately $59,000 per City and School employee. 4% of the 6,200 City employees is approximately
25 personnel. Just through attrition, not through elimination (through people leaving in the normal
course) is approximately $15-MILLION a year of the $25-MILLION the City needs. The new tax rate
suggested FY 2006-2007: $0.8972 and FY 2007-2008 ($0.8179). Councilman Schmidt encouraged City
Council to consider the FY 2006-2007 Resource Management Plan the balance of the week and
suggested a Special City Council Session be scheduled for Monday, May 15, 2006, to consider adoption
of the Biennial 2006-2007/FY 2006-07 Operating Budget and FY 2006-2007/2011-2012 Capital
Improvement Program.
Mrs. Whitesell advised the majority of attrition is through retirement.
Councilman Maddox advised huge segments of the population are paying a disproportionate share of the
increase in government and cannot keep doing this. The chances of receiving assistance from the State
are probably "slim to none". Councilman Maddox concurred with spending additional time to consider
the Operating Budget. Councilman Maddox suggested a bifurcated tax rate or another type of sliding
scale (changing the method by which the tax is calculated). The City Attorney advised the General
Assembly has latitude to make certain changes in the real estate tax and classifY property for taxes.
Councilman Dyer concurred with discussing the Operating Budget during the City Council Retreat and
suggested the City's General Assembly Delegation be included in the second portion of the Retreat, so
issues could be discussed.
The City Manager advised revenues, rather than expenditures, are being examined in Councilman
Schmidt's proposal. The City Manager advised staff would abide by City Council's direction.
Vice Mayor Jones advised the Virginia Beach City Schools have no idea of this proposal. Council Lady
Wilson concurred and advised the Schools have worked diligently reducing class size. This proposal
might lead to further increases in class size.
May 9, 2006
- 7 -
CITY COUNCIL'S DISCUSSION
FY 2006-2007 RESOURCE MANAGEMENT PLAN
ITEM # 55161 (Continued)
Councilman Villanueva advised he represented the Mayor at the Freedom Fest, April 29, 2006, Mount
Trashmore, honoring members of the Military and recognizing the sacrifices made by them and their
families. This monumental event was sponsored by many faith-based organizations. Councilman
Villanueva believes Freedom Fest is the type of event envisioned with the creation of the Patriotic
Festival. The Patriotic Festival seems to be wavering from its primary intent re honoring our soldiers and
their families. Councilman Villanueva was reprimanded by a family for the City Council not recognizing
that their son was killed in action. Councilman Villanueva suggested the City Council recognize the death
of our Virginia Beach military.
Charles Meyer, Chief Operating Officer, advised relative the Boys Recreation League Baseball being
eliminated. Mr. Meyer has been conferring with Councilman Villanueva and the Recreation Associations
re sharing the cost. The cost per team is approximately $950. 25% of the cost could be contributed by
the Association, with the City providing the balance. Parks and Recreation has the authority to establish
the contributions. The $25,000 can be absorbed within the Parks and Recreation Operating Budget.
Council Lady Wilson advised the Contemporary Arts Center has indicated 15% of their Budget is derived
from the City and without this contribution their "doors would have to close".
The Ordinances re FY 2006-2007 Biennial Resource Management Plan (Operating Budget) and
Ordinances/Resolution re FY 2006-2007 BIENNIAL CAPITAL BUDGET shall be heard during
tonight's (May 9, 2006) City Council's Formal Session.
May 9, 2006
- 8 -
CITYCOUNCIL LIAISON REPORTS
3:28 P.M.
ITEM #55162
Council Members Wood and Schmidt, Liaisons to the SANDLER CENTER FOR THE PERFORMING
ARTS, distributed their report, which is hereby made a part of the record. A meeting was held today
relative the Theatre. It is on schedule.
Present Status
November 1, 2004: Notice to Proceed was issued to Clancy and
Theys Construction Company
January 2005: Formed Capital Campaign/Non-Profit Foundation
Steering Committee
January 2005: Developed Campaign Plan, timeline, roles and
responsibilities of members
February, 2005 - March 2005: Update Business Plan/Activity
Profile - completed
April 1, 2005: Issued RFP for Programming and/or Management
June 2005: Non-Profit Foundation awarded tax exempt status by
Internal Revenue Service
Summer 2005: Demolition of Pavilion theatre
December 5, 2005: City Council Briefing on final interior design
and plaza design details
February 21, 2006: Council Briefing on Management options and
recommendations.
Winter 2006: Capital Campaign reached 50% of $12.5-MILLION
goal.
April 18, 2006: First scheduling meeting took place with major users
of Sandler Center.
Ongoing: Recruit members to the Campaign Steering Committee
and Honorary Advisory Committee. The Advisory Committee to work
in design review, facility usage and public awareness
Construction Activity Highlights
State house concrete columns up to 60 feet are in place
l't level balcony steel and beams are in place
CMU auditorium walls are in place
Installation of rough-in waste/vent piping in northeast "A" and southwest "B"
areas, l't and 2nd floors in progress
Installation of rough-in HVAC ductwork northeast "A" and southwest "B" areas,
lstfl .
oor m progress
Overhead electrical rough-in northeast "A" and southwest "" areas, ground floor
in progress
May 9, 2006
- 9 -
CITY COUNCIL LIAISON REPOR TS
ITEM # 55162 (Continued)
THE SANDLER CENTER FOR THE PERFORMING ARTS
Near-Future Actions
Spring 2006 - Management Pre-Opening Services Contract
Execution
Spring 2006 - Management Post-Opening Services Contract
Execution
Fall 2007 - Opening of new Performing Arts Theatre
Unresolved Issues/Issues Under Study
Block 6 Northeast Parcel: Cost and schedule impact under review
for a concurrent PAC and 6E parcel construction with a mid-
September 2007 inaugural performance.
ITEM # 55163
Councilman Maddox, Liaison to the CONVENTION CENTER, distributed his report: Said information
is hereby made a part of the record.
Project Budget: The project budget is $206.844,513. The work is
currently progressing on budget and projected to be completed
within this amount.
GMP and Construction Status: The current amount of the
Construction Management Agreement with Turner Construction is
$159,323,058. As of March 31, 2006, the gross billings were
$135,282,352 for completed work.
Schedule: The current contract completion date for substantial
completion of Phase 1 B is December 15, 2006. Turner is currently
twelve (J 2) days behind schedule.
Construction Activities:
Phase 1A: Punch list is 99% complete. Should befinished by mid
May
Phase 1 B: Continuing with concrete floors, walls and columns
Continuing with parking lots and drive lanes
Roof truss installation: As of March 31,four (4) trusses
have been set
Issues:
Working on the design and cost to install a canopy from the
ballroom pre-function area to the ballroom drop-off area.
Due to complaints about the boardroom, a redesign of the
boardroom table is in process
May 9, 2006
- 10-
CITY COUNCIL COMMENTS
3:30 P.M.
ITEM # 55164
Councilman Wood distributed for City Council's consideration and scheduling for the City Council
Session of June 6, 2006.
Ordinance to AMEND Article II of the City Code by ADDING Section
2-15 to provide for Mayoral, City Council and School Board elections
to take place on the First Tuesday in November.
This Ordinance had been previously sponsored by the Mayor in 2001 and 2003.
ITEM # 55165
Mayor Oberndorf requested City Council's decision concerning rescheduling or canceling Informal
and Formal Sessions of July 4,2006 (legal holiday).
City Council shall RESCHEDULE July lh to July 18 and CANCEL the
Sessions for August 1, 2006.
City Council will meet July 11 and 18, 2006, with vacation July 19 -
August 6, 2006.
This item shall be ADDED under NEW BUSINESS during the Formal Session.
ITEM # 55166
Councilman Villanueva advised on January 11, 2006, Old Dominion University (ODU) announced plans
to open a four-year branch campus at the Virginia Beach Higher Education Center. President Roseann
Runte has requested, on behalf of the City Council and ODU Alumni, a Resolution expressing support be
ADOPTED by the City Council of Virginia Beach. A Resolution shall be SCHEDULED for the City
Council Session of May 23, 2006.
May 9, 2006
- 11 -
A GENDA REVIEW SESION
3:40 P.M.
ITEM # 55167
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
3. Ordinance to AMEND and REORDAIN 996-112 and 6-113 re designation of
channel lines and mooring or anchoring within marked channels
4. Ordinance to ADD 921-303.1 to the City Code for enforcement and penalties re
parking spaces reserved for persons with disabilities violations
5. Ordinance AUTHORIZING the City Manager to execute a twelve-month Lease
with the C.B.M. Co. T/A SCHOONER INN to be used as an overflow parking
lot for registered guests at 108 Atlantic Avenue (DISTRICT 6 - BEACH)
6. Ordinance AUTHORIZING the Sheriff to reimburse $1,500 to a Deputy for
legal fees and expenses incurred during defense of a criminal charge resulting
from the performance of official duties from the Sheriff's office FY 2005-06
Operating Budget.
7. Ordinances to AUTHORIZE temporary encroachments into:
a. City's right-ofway at Cypress Avenue (aka 416 Caspian Avenue) by
CHRISTOPHER A. and KALLI T. SCAGLIONE to construct and
maintain riprap and a pier (DISTRICT 6 - BEACH)
b. Bass Inlet East (adjacent to 2841 Sandpiper Road) by ANDERS
HELLSTROM to construct and maintain a boat dock (DISTRICT 7 -
PRINCESS ANNE)
8. Ordinance to APPROPRIATE $49,185 in estimated revenue from the State
Compensation Board to the Commonwealth's Attorney's FY 2005-06 Operating
Budget re purchase of equipment and various other expenses.
9. Ordinance to ACCEPT and APPROPRIATE $80,000 from West Neck
Properties, Inc. (Eagles Nest) to Capital Improvement Project (CIP) "Open
Space Program Site Acquisition, " re acquiring land for open space consistent
with the Outdoors Plan.
10. Ordinance to A CCEPT and APPROPRIA TE $31,000 from Kemp Fussell,
L.L.C. (Bernard Farms) to the Capital Improvement Project (CIP), "Park
Playground Renovations - Phase IL " to subsidize renovations to Landstown
Meadows Neighborhood Park.
May 9, 2006
- 12 -
AGE N DA REV IE W S E S ION
ITEM # 55167 (Continued)
11. Ordinance to TRANSFER $4,000,000 within the FY 2005-06 School Board
Operating Budget:
a. $1,090,000 from Instruction to Transportation
b. $2,500,000 from Instruction to Operations and Maintenance
c. $ 410,000 from Administration, Attendance and Health to Operations
and Maintenance
12. Resolution ESTABLISHING the Green Ribbon Committee re improvement of
water quality in the City's waterways
Council Lady McClanan will vote a VERBAL NAY on Item J.4
Councilman Reeve will vote a VERBAL NA Yon Item J.l albic
May 9, 2006
- 13 -
A GENDA REVIEW SESION
ITEM # 55168
7. Application of DANNY K. MARTIN for a Chanf!e ofZoninf! District
Classificationfrom R-5D Residential Duplex District to Conditional 1-1 Light
Industrial District at 5840 Burton Station Road to develop an office-warehouse
facility. (DISTRICT 4 - BAYSIDE)
Vice Mayor Jones requested a Briefing be provided by the City Manager's staff concerning the Burton
Station Plan and requested DEFERRAL until the City Council Session of May 23, 2006.
ITEM # 55138
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
K. PLANNING
1. Application of ROBERT M. ROUSSEA U for an Enlarf!ement of a
Nonconforminf! Use at 403 16th Street. (DISTRICT 6 - BEACH)
2. Application of BURTON and NANCY C. JUDAfor a Conditional Use Permit re
a residential kennel for seven (7) dogs at 205 Coventry Road. (DISTRICT 2 -
KEMPSVILLE)
3. Application of JOHN and VICKIE CHAPPELLfor a Conditional Use Permit re
a home occupation (to construct a building for the production of jams, jellies,
cakes) at 506 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE)
4. Application of LUCY RUTTERfor a Conditional Use Permit re alternative
residential development to subdivide the site into three (3) residential lots at
2165 Pungo Ferry Road. (DISTRICT 7 - PRINCESS ANNE)
5. Applications of PROSPERITY BEACH, L.L.e. and WAWA, INe. at Oceana
Boulevard and Eaglewood Drive. (DISTRICT 6 - BEACH):
a. Prosperity Beach L.L. C. for a Chanf!e of Zoninf! District Classification from
AG-2 Agricultural District to Conditional B-2 Community Business District
to develop the site for fuel and retail sales
b. W A W A, INC for a Conditional Use Permit re gasoline sales in conjunction
with a convenience store
6. Application of29 OCEAN, L.L.e.for a Chanf!e of Zoning from RT-3 Resort
Tourist, A-36 Apartment and A-I2 Apartment to Conditional RT-3 Resort Tourist
with a Laskin Road Gateway Overlay at Arctic Avenue and 29th Street.
(DISTRICT 6 - BEACH)
May 9, 2006
- 14-
A GENDA REVIEW SESION
ITEM # 55168 (Continued)
7. Application of DANNY K. MARTIN for a Chanf!e o(Zoninf! District
Classification from R-5D Residential Duplex District to Conditional 1-1 Light
Industrial District at 5840 Burton Station Road to develop an office-warehouse
facility. (DISTRICT 4 - BAYSIDE)
8. Application of 1345 OCEAN A, L.L. C. for a Chanf!e o( Zoninf! District
Classification from AG-2 Agricultural District to Conditional B-2 Community
Business District at 1345 and 1335 Oceana Boulevard to develop the site with
office-warehouse (storage) and commercial uses. (DISTRICT 6 - BEACH)
9. Application of the CITY OF VIRGINIA BEACHfor a Chanf!e o(Zoninf!
District Classification from R-20 Residential District to P-l Preservation District
at the northeast extremity of Shell Road to preserve the property as OPEN
SPACE. (DISTRICT 4 -BAYSIDE)
Item K 1 (ROUSSEAU) DEFER INDEFINITELY, BY CONSENT.
Item K.2 (JUDA) DEFER, BY CONSENT until the City Council Session of May 23, 2006.
Item K.4 (RUTTER) WITHDRAW BY CONSENT.
Item K. 7 (MARTIN) DEFER, BY CONSENT, until the City Council Session of
May 23, 2006.
May 9, 2006
- 15 -
ITEM # 55169
Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for
employment, assignment, appointment, promotion, peiformance, demotion, salaries, disciplining or
resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1)
To Wit: Appointments: Boards and Commissions:
Beaches and Waterways Commission
Francis Land House Board of Governors
Governance Committee for Historic Sites
Green Ribbon Committee
Human Rights Commission
Investment Partnership Advisory Committee - PPEA
Meal Tax Task Force
Minority Business Council
Oceana Land Use Conformity Committee
Parks and Recreation Commission
Shore Drive Advisory Committee
Southeastern Public Service Authority
Sports Authority of Hampton Roads
Towing Advisory Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use
of real property for public purpose, or of the disposition of publicly-held property, or of plans for
the future of an institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.2-3711 (A)(3).
Acquisition/Disposition of Property - Beach District
L ynnhaven District
Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed
into CLOSED SESSION (4:05 P.M.).
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox. Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Non
(Recess: 4:08 P.M. - 4:15 P.M.)
(Closed Session: 4:15 P.M. - 5:20 P.M.)
(Dinner: 5:20 P.M. - 6:00 P.M.)
May 9, 2006
- 16-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 9, 2006
6:00 P.M.
Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 9, 2006, at 6:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION Walter A. Whitehurst
Pastor - Retired
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifYing any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27, 2004, is hereby made a part of the record.
May 9, 2006
- 17 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM# 55170
Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREA~ The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 55169, page 15, and in accordance with the provisions of The Virginia
Freedom of Information A~ and,
WHEREA~ Section 22-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOfY, THEREFORE, BE IT RESOL VE]), That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
~d~.
uth Hodges Smith, MMC
City Clerk
May 9, 2006
- 18 -
Item V-F.1.
MINUTES
ITEM #55171
Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED
Minutes of the PUBLIC HEARING: FY 2006-2007 Management Resource Plan (Budget) of April 20,
2006.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
- 19 -
Item V-F. 2.
MINUTES
ITEM #55172
Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED
Minutes of the INFORMAL and FORMAL SESSIONS) of April 25, 2006.
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt. Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
James L. Wood
Council Members Absent:
None
Councilman Wood ABSTAINED re the Minutes of April 25, 2006, as he was absentfrom the Formal
Session due to a speaking engagement at Seabreeze Civic League
May 9, 2006
- 20-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #55173
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 9, 2006
- 21 -
Item V-G.2.
PRESENTATION
ITEM # 55174
ADD-ON
Dr. Robert W Sullivan, President - American Podiatric Medical Association, Hampton Roads Chapter
(APMA) advised the American Podiatric Medical Association and Prevention magazine have selected
Virginia Beach as one of the ten (10) Best Walking Cities in America/or 2006 (ranked 6th).
Dr. Sullivan presented the Award in Recognition of this achievement to the Mayor and Members of City
Council. The Best Walking Cities Competition ranks cities from across the country according to their
walkability. The judging criteria include such factors as: percent of the population that walk for exercise,
total square miles of parks, miles of trails, points of interest per square mile, percent of the population
that golf, pet ownership and sports participation.
May 9, 2006
- 22-
item V-H.I.
PUBLIC HEARING
ITEM#55I75
Mayor Oberndorf DECLARED A PUBLIC HEARING:
COX COMMUNICATIONS HAMPTON ROADS LLC, INC. - Franchise
There being no speakers, Mayor OberndorfCLOSED the PUBLIC HEARING
May 9, 2006
- 23 -
Item V-H.2.
PUBLIC HEARING
ITEM #55176
Mayor Oberndorf DECLARED A PUBLIC HEARING:
LEASE OF CITY-owned property
C.B.M. Co. t/a SCHOONER INN - 215 Atlantic Avenue
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
May 9, 2006
- 24-
Item V-J.1a-i, J.2.a-e.
ITEM #55177
FY 2006-2007 BEINNIAL RESOURCE MANAGEMENT PLAN (Operating Budget)
FY 2006-2010 CAPITAL BUDGET (CIP)
The following registered to speak:
Ted Dempsey, 2816 Crescent Moon Court, Phone: 563-8906, Master Gardner, waived right to speak as
the elimination of the Agricultural Department is no longer an issue.
Henry Ryto, 408 Jasper Court, Phone: 687-8585, expressed support of increased funds to Hampton
Roads Transportation (HRT) and expressed concern re elimination of Section 8 funding concerning
Affordable Housingfor the "working poor ".
Jason Dawley, 1480 Princess Anne Road, Phone; 721-2749, Virginia Beach Master Gardner, waived
right to speak as the elimination of the Agricultural Department is no longer an issue.
Dick Ewing, 820 Winthrop Drive, Phone: 486-6457, President - Virginia Beach Master
Gardner's Association, spoke in support of the Maser Gardner Program. There are over 200
active volunteers in this program. The gardens at the Francis Land House, Adam Thoroughgood House
and Old Donation Episcopal Church are maintained by this program. These and a host of other
projects offer costs savings of over $500,000 or the equivalent of 18 full time city employees.
Cameron Kitchin, 1200 Bluebird Drive, Phone: 425-0000, represented the Contemporary Art Center of
Virginia and spoke in support. The City provides approximately 15% of their operating budget. Other
funds must be raised to match the City's investment..
Uschi Butler, 230 82nd Street Phone: 428-1150, Chair - Contemporary Art Center of Virginia, urged
continued support. The Contemporary Art Center organizes and manages the Boardwalk Art Show,
which draws several thousand visitors and brings substantial economic benefits to the Beach. The Center
will develop an exhibition displaying the Magna Carta as well as other historical documents, a leading
exhibit as part of the 2007 Celebration.
Bill Campbell, 108 69th Street, Phone: 425-1285,former partner Barker/Campbell/Farley Advertising
Agency represented the Contemporary Art Center of Virginia. Mr. Campbell will succeed Uschi
as Chair. Approximately 600 children take art courses directly from the Art Center. The Outreach
Program reaches 12,000 more children..
John Moss, 4109 Richardson, Phone: 363-7745, Chair - Virginia Beach Taxpayers Alliance, 4109
Richardson Road, Phone: 363-7745, advised the City Manager's recommended budget lowers the living
standards of the City's families with a 9% increase in spending and 15% increase in the real estate
tax.
Barry Marple, 4211 Marblehead Court, Phone: 427-2391, represented the Country Kickin Dance Club
(over 1600 members). Mr. Marple spoke in support of the Farmer's Market "Hoe Downs" and
country line dancing on the weekends. His wife went through two (2) serious operations and love of
dance and regularly going to Farmer's Market has kept her alive. Mr Marple suggested the elimination
of consultants.
John Wilson, 2280 London Bridge Road, Phone: 427-6515, opposed to any budget reductions concerning
Agriculture (Farmer's Market).Mr. Wilson supports small family farms and local agriculture.
May 9, 2006
- 25 -
Item V-J.1a-i.
ITEM #55177 (Continued)
Howie Carr, 1160 Eagle Way, Phone: 233-8177, waived re the elimination of the Virginia Beach Cert
Coordinator position.
Wally Erb, 150 Cayuga Road, Phone: 581-4287, represented the Virginia Homesteaders, opposed to the
real estate tax levy
John Fenter, 909 West Ferry Plantation Road, Phone: 497-8052, represented the Tidewater Libertarian
Party, opposed to the real estate tax levy, 60% to 80% of an individual's income is expended for taxes.
Martin Waranch, 111 66th Street, Phone: 491-3343, expressed concern re the real estate tax levy and
control of City expenditures.
Robert D. 0 'Connor, 204 52nd Street, Phone: 428-0902, requested the tax rate be no more than 86f/;
George Bryant, 2320 Dodd Drive, Phone: 481-3309, thirty-eight (38)- year resident ofWolfsnare
Plantation, spoke in opposition to the real estate tax rate.
Larry Christy, 1413 Cherry Court Phone: 412-4301, requested City Council think "outside the box". The
United States is now the largest debtor nation in history. All levels of government are spending beyond
their means. Today gold sells for $700 an ounce, five years ago the cost was $250 an ounce.
Marylayne Castelluzzo, 5189 Stratford Chase Drive, Phone: 474-4346, long time resident of Kempsville,
and School employee. The Operating Budget proposes increases in spending by 9% and real estate taxes
of over 15%. City employees actually are giving themselves a raise and losing money because of the
tax increases.
Will Aygarn, 2264 Stowe Road, Phone: 426-6675, advised he is working two (2) jobs. The City
government is too large and extravagant in their expenditures. Mr. Aygarn requested a tax cut and
corresponding decrease in assessments
Carl Strass, 2828 Bluebill Drive, Phone: 721-3931, expressed concern relative taking $9-MILLION from
the Sandbridge Tax Increment Financing (TIF) , which was created in the past to provide sand for the
public beach at Sandbridge.
Mona Saferstein, 748 Virginia Dare Drive, Phone: 422-0401, Master Gardner, opposed to any budget
reductions concerning Agriculture (Farmer's Market) and expressed concern re assessments.
Thomas Coghill, 804 Suifside Avenue, Phone: 422-3425 represented the Tidewater Bicycle Association,
the Tom Coghill Celebration of Life Bicycle Ride, the Bicycle and Trails Advisory Committee and all the
bicycle shop owners in the Tidewater area. Mr. Coghill requested Phases 2 and 3 (CIP 4-064, 4-065
City Bikeways and Trails Improvements) be included within the Budget. Mr. Coghill presented the City
Clerk with his resignation (effective immediately) from the Bicycle and Trails Committee.
Bob Hedrick, 1132 Blackburn Lane, Phone: 460-0136, Member of the Virginia Beach Taxpayers
Alliance, expressed concern re real estate. Mr. Hedrick suggested reducing the City budget,
utilizing methods of the private sector
Elizabeth K. Gregory, 5008 Lauderdale Avenue, Phone: 363-0267, expressed concern re escalation in tax
rates. Mrs. Gregory and her husband are a retired 66-year old couple living on a fixed income.
May 9, 2006
- 26-
Item V-J.1a-i, J. 2. a-e.
ITEAf #55177 (Conunued)
Sandy Linkous, 5225 South Lake Road, Phone: 464-1947, 30-year resident of Bayside, requested the real
estate tax rate be reduced, eliminate of the Beach Magazine and City Page, and decrease staff in
all departments. The City's Budget has increased 9%. Every non essential area should receive cuts
instead of increases.
Craig Hudgins, 2801 County Place, Phone: 426-5197, spoke in opposition to the City's submission to the
Department of Justice. The City should have upheld the standards of the Police force. First priority of
Government is to provide for the common defense.
Robert Dean, Communications Director - Virginia Beach Taxpayers Alliance, 1204 Shawn Drive,
Phone: 426-6606, and 45-year resident. Mr. Dean expressed concern re the tax rate and referenced
seventeen (17) letters submitted by the Virginia Beach Taxpayers Alliance which have not received
a reply. Said letters are hereby made a part of the record. .
Kenneth Pravetz, President - Virginia Beach Professional Firefighters, 4305 Shrew Trail, Phone: 416-
1120, spoke in support of the City Manager's Budget and expressed appreciation re City Council's
support of public safety compression and pay plan.
Linda House, President - Friends of the Mounted Patrol, 2205 Sages Court, Phone: 689-2046, requested
the Mounted Patrol not be cut from the Budget.
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC COAfAfENT SESSION.
May 9, 2006
- 27-
Item V-J.1 a-i
ORDINANCES/RESOLUTIONS
ITEM # 55178
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinances re FY 2006-2007 Biennial Resource Management Plan (Operating Budget):
a. ESTABLISH the tax levy on real estate for FY 2007 at $0.99
b. ESTABLISH the tax levy on personal property and machinery and tools for the calendar
year 2007 at $3.70
c. APPROPRIATE $1,639,515,908 for the Fiscal Year, beginning July 1, 2006, and ending
June 30, 2007,for Operations and $575,632,538 in Interfund Transfers regulating the
payment of money out of the City Treasury, as amended
d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U S.
Department of Housing and Urban Development (HUD) re review, approval and funding
of the Plan
e. AMEND ii35-64 and 35-67 of the City Code re the exemption or deferral of real estate
taxes for elderly or disabled persons by increasing income and net worth limits
f APPROPRIATE $9,000,000funding within the Sandbridge Tax Increment Financing
(TIF) District as SURPLUS in the FY 2005-2006 Operating Budget
g. AMEND funding sources for the Agriculture Reserve Program (ARP) by lowering the
amount of real estate tax revenue to nine-tenths of a cent (.9 cent)
h. AMEND i 17-19 of the City Code re assessment of additional Court costs to support the
Public Law Library
1. AMEND i35-280 of the City Code re motor vehicle license fees
May 9, 2006
- 28 -
Item V-J.1a-i
ORDINANCES/RESOLUTIONS
ITEM # 55178 (Continued)
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan and Peter W Schmidt
Council Members Absent:
None
Councilman Dyer expressed OPPOSITION re Items J.l.a. Tax Levy on real estate ($0.99), b. Tax Levy
on personal property ($3.70), and J.lf APPROPRIATE $9-MILLION funding within the Sandbridge
TIF as Surplus.
Councilman Schmidt could not support Item J.l.a. Tax Levy on real estate ($0.99).
Council Lady Wilson was OPPOSED to publishing BEACH Magazine and City Page
May 9, 2006
1
2
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
REAL ESTATE FOR FISCAL YEAR 2007
3
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4 Sec. 1. Amount of Levy on Real Estate.
5 There shall be levied and collected for fiscal year 2007 taxes for general purposes on all real estate,
6 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and
7 not otherwise provided for in this ordinance, at the rate of ninetv-nine one dollar twe aAG thirty nine eRe-
8 hundredths cents ($1.0239) ($0.99) on each one hundred dollars ($100) of assessed valuation thereof. The real
9 property tax rate that has been prescribed in this section shall be applied on the basis of one hundred percentum
10 of the fair market value of such real property, except for public service real property, which shall be on the basis
11 as provided in Section 58.1-2604 of the Code of Virginia.
12 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real
13 Estate, "Certified Storm Water Management Developments and Property," "Certified Solar
14 Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and
15 "Environmental Restoration Sites," Real Estate Improved by Erosion Controls, and Certain
16 Wetlands and Riparian Buffers.
17 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
18 of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2007, taxes on all
19 real estate (a) certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities,"
20 (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments
21 and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy
22 Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of
23 Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by
24 Code of Virginia 9 58.1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of Virginia 9
25 58.1-3666, not exempt from taxation, at a rate of ninetv-nine ana dollar twe aAG thirty nine one hundredths cents
26 ($1.0239) ($0.99) on each one hundred dollars of assessed valuation thereof. The real property tax rates
27 imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real
28 property except for public service property, which shall be on the basis as provided in Section 58.1-2604 of the
29 Code of Virginia.
30 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District.
31 There shall be levied and collected for fiscal year 2007, taxes for the special purpose of providing beach and
32 shoreline restoration and management at Sand bridge on all real estate within the Sandbridge Special Service
33 District, not exempt from taxation, at the rate of twelve six cents ~ ~ on each one hundred dollars ($100)
34 of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in
35 Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis 00 of one
36 hundred percentum of the fair market value of such real property~ except for public service real property, which
37 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
38 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District.
39 For the special purpose of operating and maintaining the parking garage and providing enhanced
40 services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well
41 as other additional services authorized by Virginia Code 9 15.2-2403, there shall be levied and collected for fiscal
42 year 2007, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at
43 the rate of fifty-seven cents ($.57) on each one hundred dollars ($100) of assessed value thereof. This real estate
44 tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. The real estate tax rate
45 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real
46 property~ except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of
47 the Code of Virginia.
48 Sec. 5. Severability.
49 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
50 shall not affect the validity of the remaining portions of this ordinance.
51 Sec. 6. Effective date.
52
The effective date of this ordinance shall be July 1, 2006.
Adopted by the City Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
53
54
Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
J1cWd Q_
J~Jif\1 ~
City Attorney's Off e
Management Services
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON
2 PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR
3 THE CALENDAR YEAR 2007
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 Sec. 1. Amount of Levy on Tangible Personal Property.
6 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and
7 collected for general purposes for the calendar year 2007 on all tangible personal property, including all separate
8 classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise
9 provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars
10 ($100) assessed valuation thereof.
11 Specific categories of personal property taxed at this rate include, but are not limited to, the
12 following:
13
a.
aircraft and flight simulators as described in Code of Virginia 9 58.1-3506 (A) (2) and (3) ;
14
b.
antique motor vehicles as described in Code of Virginia 9 58.1-3506 (A) (4) ;
heavy construction equipment as described in Code of Virginia 9 58.1-3506 (A) (6) ;
computer equipment as described in Code of Virginia 9 58.1-3506 (A) (9) ;
15
c.
16
d.
17
e.
tangible personal property as described in (a) Code of Virginia 9 58.1-3660 as "certified pollution
18 control equipment and facilities" or (b) Code of Virginia 9 58.1-3661 as "certified solar equipment, facilities or
19 devices and certified recycling equipment, facilities or devices"; and
20
f.
personal vehicles as described in 9 58.1-3524 of the Code of Virginia. Taxes shall be levied and
21 collected for general purposes for the calendar year 2007 on the assessed value of all personal vehicles not
22 otherwise exempted from taxation in this ordinance, subject to the following:
23
1.
Any personal vehicle with a total assessed value of $1,000 or less will be levied no tax.
24
2.
Any personal vehicle with an assessed value of between $1,001 and $20,000 will be
25 levied ~ 36.2% of the computed tax based on the total assessed value of the vehicle. Reimbursement is
26 expected from the state under the Personal Property Tax Relief Act equal to the remaining ~ 63.8% of the
27 computed tax on the first $20,000 of assessed value.
28
3.
Any personal vehicle with an assessed value of over $20,000 will be levied ~ 36.2%
29 of the computed tax based on the first $20,000 of assessed value and 100% of the computed tax based on the
30 assessed value in excess of $20,000. Reimbursement is expected from the state under the Personal Property
31 Tax Relief Act equal to the remaining ~ 63.8% of the computed tax on the first $20,000 of assessed value.
32 4. Pursuant to authority conferred in Item 503.0 of the 2005 VirQinia Appropriations Act. the
33 City Treasurer is authorized to issue a supplemental personal property tax bill. in the amount of 100% of the tax
34 due without reqard to any former entitlement to state relief. plus applicable penalties and interest. to any taxpayer
35 whose taxes with respect to a qualifyinq vehicle for tax year 2005 or any prior tax year remain unpaid on
36 September 1, 2006, or such earlier date as reimbursement with respect to such bill is no lonqer available from the
37 Commonwealth. whichever earlier occurs. Penalties and interest with respect to bills issued pursuant to this
38 section shall be computed on the entire amount of tax owed. Interest shall be computed from the oriqinal due
39 date of the tax.
40 Sec. 2. Amount of Levy on Manufactured Homes.
41 In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and
42 collected for general purposes for the calendar year 2007 taxes on all vehicles without motive power, used or
43 designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate
44 of one doll3r ninety-nine two 3nd thirty nine one hundredths cents ($1.0239) ($0.99) on each one hundred dollars
45 ($100) of assessed valuation thereof.
46 Sec. 3. Amount of Levy on All Boats or Watercraft Weighing Five Tons or More.
47 In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and
48 collected for general purposes for the calendar year 2007 taxes on all boats or watercraft weighing five (5) tons or
49 more, except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each
50 one hundred dollars ($100) of assessed valuation thereof.
51 Sec. 4. Amount of Levy on Machinery and Tools.
52 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected
53 for general purposes for the calendar year 2007 taxes on machinery and tools, including machinery and tools
54 used directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at
55 the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. As provided by
56 Code of Virginia ~ 58.1-3506 (B) , the following personal property shall also be taxed at the rate of machinery and
57 tools:
58
a.
all tangible personal property used in research and development businesses, as described in
59
Code of Virginia S 58.1-3506 (A) (5) ;
60
b.
generating or cogenerating equipment, as described in Code of Virginia S 58.1-3506 (A) (7) ; and
61
c.
all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more
62
used to transport property for hire by a motor carrier engaged in interstate commerce, as
63
described in Code of Virginia S 58.1-3506 (A) (7) .
64 Sec. 5. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational
65 Purposes Only.
66 In accordance with Sections 58.1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of
67 Virginia, there shall be levied and collected for general purposes for the calendar year 2007 taxes on all privately
68 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent
69 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof.
70 Sec. 6. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and
71 Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers.
72 In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall
73 be levied and collected for general purposes for the calendar year 2007 at the rate of one dollar and fifty cents
74 ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all
75 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and
76 privately owned travel trailers as defined in Code of Virginia S 46.2-1900, that are used for recreational purposes
77 only; and (b) privately owned trailers as defined in S 46.2-100 of the Code of Virginia that are designed and used
78 for the transportation of horses, except those trailers described in subdivision (A) (11) of S 58.1-3505 of the Code
79 of Virginia.
80 Sec. 7. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran.
81 In accordance with Section 58.1-3506 (A) (17) of the Code of Virginia, there shall be a reduced
82 tax, levied and collected for general purposes for the calendar year 2007 at the rate of one dollar and fifty cents
83 ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly
84 used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or
85 who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in
86 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed
87 at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to
88 the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so
89 designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506
90 (A) (17) , and that his or her disability is service connected.
91 Sec. 8. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-
92 Five Years of Age or Anyone Found to be Permanently and Totally Disabled.
93 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced
94 tax, levied and collected for general purposes for calendar year 2007, at the rate of three dollars ($3.00) on each
95 one hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used
96 primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled,
97 as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions:
98
1.
The total combined income received, excluding the first $7,500 of income, from all sources
99 during calendar year 2006 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars
100 ($22,000).
101
2.
The owner's net financial worth, including the present value of all equitable interests, as of
102 December 31 of calendar year 2006, excluding the value of the principal residence and the land, not exceeding
103 one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000).
104
3.
All income and net worth limitations shall be computed by aggregating the income and
105 assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any
106 owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,
107 irrespective of how such motor vehicle may be titled.
108
b.
Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or
109 over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have
110 been satisfied.
111 Sec. 9. Assessed Value Determination.
112 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the
113 above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the
114 Revenue for the City of Virginia Beach.
115 Sec. 10. Severability.
116 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such
117 decision shall not affect the validity of the remaining portions of this ordinance.
118 Sec. 11. Effective Date.
119 This ordinance shall be effective January 1, 2007.
120 Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2006.
121 Requires an affirmative vote by a majority of the members of City Council.
122
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~Wl~d Q, (L'1 ~~ ~
Management Services ~-)
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE
2 FISCAL YEAR BEGINNING JULY 1, 2006 AND ENDING JUNE
3 30, 2007 IN THE SUM OF $1,639,515,908 FOR OPERATIONS
4 AND $575,632,538 IN INTERFUND TRANSFERS AND
5 REGULATING THE PAYMENT OF MONEY OUT OF THE CITY
6 TREASURY, AS AMENDED
7 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year
8 beginning July 1, 2006, and ending June 30, 2007, and it is necessary to appropriate sufficient funds to cover
9 said budget;
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12 Section 1. That the amounts named aggregating $2,215,148,446 consisting of $575,632,538 in interfund
13 transfers and $1,639,515,908 for operations, are hereby appropriated subject to the conditions hereinafter set
14 forth for the use of departments, and designated funds of the city government, and for the purposes hereinafter
15 mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, for the fiscal
16 year beginning July 1, 2006, and ending June 30, 2007, a summary of which is attached to this ordinance as
17 "Attachment A - Appropriations."
18 Section 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in support of
19 Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of
20 Appropriations attached to this ordinance as "Attachment B - Revenues."
21 Section 3. With the exception of the School Operating Fund, and the Shoriff's Special Re'lonuo Fund,
22 the total number of full-time permanent positions shall be the maximum number of positions authorized for the
23 various departments of the City during the fiscal year, except for changes or additions authorized by the Council
24 or as hereinafter provided. The City Manager may from time to time increase or decrease the number of part-
25 time or temporary positions provided the aggregate amount expended for such services shall not exceed the
26 respective appropriations made therefore. The City Manager is further authorized to make such rearrangements
27 of positions within and between the departments as may best meet the needs and interests of the City.
28 Section 4. To improve the effectiveness and efficiencies of the government in service delivery, the City
29 Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions
30 throughout the fiscal year as may be necessary to implement organizational adjustments that have been
31 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments
32 shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to
33 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a
34 report each year to the City Council identifying the status and progress of any such organizational adjustments.
35 Section 5. All current and delinquent collections of local taxes shall be credited to the General Fund and,
36 where appropriate, to any special service district special revenue fund or any tax increment financing funds
37 created by City Council. Transfers shall be made from the General Fund to the respective designated funds to
38 which a special levy is made in the amount of collection for each specially designated fund.
39 Section 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of
40 business for the fiscal year ending on June 30, 2007, unless otherwise provided for, are hereby declared to be
41 lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the
42 General Fund Balance, and may be used for the payment of the appropriations that may be made in the
43 appropriation ordinance for the fiscal year beginning July 1, 2007. However, there shall be retained in the
44 General Fund an undesignated fund balance of 8% to 12% of the following year's budgeted revenues, for
45 contingency and emergency situations, not to be used to support appropriations approved in the ordinance for
46 the fiscal year beginning July 1, 2006, except upon subsequent authorization by City Council.
47 Section 7. That the City's debt management policies for the Water and Sewer Enterprise fund shall serve
48 as a basis for developing financial strategies for the water and sanitary sewer system based on the following
49 guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one
50 year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service
51 coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined basis, including
52 water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and Sewer Fund,
53 contributions from non-borrowed funds, on a five-year rolling average basis, will be sought for approximately 25%
54 of the annual capital program for the water and sewer system.
55 Section 8. All balances of appropriations in each fund which support authorized obligations or are
56 encumbered at the close of the business for the fiscal year ending on June 30, 2007, are hereby declared to be
57 reappropriated into the fiscal year beginning July 1, 2007, and estimated revenues adjusted accordingly.
58 Section 9. No department or agency for which appropriations are made under the provisions of this
59 Ordinance shall exceed the amount of such appropriations except with the consent and approval of the City
60 Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the
61 funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does
62 not apply to Interfund Transfers.
63 Section 10. The City Manager or the Director of Management Services is hereby authorized to approve
64 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this
65 ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000
66 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all
67 Reserves for Contingencies except Reserve for Contingencies - Regular, within the intent of the Reserve as
68 approved by City Council.
69 Section 11. The City Manager or the Director of Management Services is hereby authorized to establish
70 and administer budgeting within Appropriation Units consistent with best management practices, reporting
71 requirements, and the programs and services adopted by the City Council.
72 Section 12. The City Manager or the Director of Management Services is hereby authorized to change
73 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in
74 support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is
75 hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in
76 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total
77 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the
78 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be
79 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for
80 each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to
81 transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which
82 those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any
83 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the
84 bonded debt of the City Government.
85 Section 13. Allowances made from the appropriations made in this ordinance by any or all of the City
86 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by
87 such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed
88 thirty-nine ~ cents ($0.39) ~ per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per
89 mile for additional miles of such use within the fiscal year~: for fiscal year 2007-08. allowances shall not exceed
90 forty-two cents ($0.42) per mile of actual travel for the first 15.000 miles and fifteen cents ($0.15) per mile for
91 additional miles of such use within the 2007-08 fiscal year.
92 Section 14. In the event of an emergency and under emergency circumstances wherein the City Council
93 cannot reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums
94 from any budget account to ensure that the emergency is handled as efficiently and expeditiously as possible.
95 Immediately following the expenditure of funds under this provision, and as soon as the City Council can
96 reasonably meet under the existing circumstances, the City Manager shall notify the City Council the reason for
97 such action, how funds were expended, and present to the City Council for adoption an emergency
98 appropriations ordinance that sets forth what measures are required to ensure that funds are forthwith restored to
99 the appropriate accounts and that the budget is balanced at the end of the fiscal year in which the emergency
100 expenditures occurred.
101 An emergency is defined for the purposes of this provision as an event that could not have been
102 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public
103 health, safety or welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to
104 protect or preserve public properties.
105 Section 15. All travel expense accounts shall be submitted on forms approved by the Director of Finance
106 and according to regulations approved by the City Council. Each account shall show the dates expenses were
107 incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses.
108 The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts
109 are submitted for "lump-sum" amounts.
110 Section 16. That proiections have been prepared and considered for fiscal year 2007-08, the second
111 year of the biennial budqet. and such proiections shall form the basis for the fiscal year 2007-08 operatinq
112 budqet. The City Manaqer will modify these as appropriate and will present a proposed fiscal year 2007-08
113 budqet to City Council for review and subsequent adoption.
114 Section 17. On March 28. 2006. the City Council adopted an ordinance appropriatinq $15.000,000 for
115 FY 2006-07 to comply with the Base Realiqnment and Closure Commission requirements reqardina Naval Air
116 Station Oceana. The $15,000,000 is included in both the Operatinq Budqet and Capital Improvement Proqram
117 ordinances as summarized in Attachment A to both ordinances. Adoption of the Operatinq Budqet and Capital
118 Improvement Proqram ordinances incorporates this appropriation into the FY 2006-07 budqet.
119 Section -t-e. 18. Violation of this ordinance may result in disciplinary action by the City Manager against
120 the person or persons responsible for the management of the Appropriation Unit in which the violation occurred.
121 Section 4-7. 19. This ordinance shall be effective on July 1, 2006.
122 Section 48. 20. If any part of this ordinance is for any reason declared to be unconstitutional or invalid,
123 such decision shall not affect the validity of the remaining parts of this ordinance.
124 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 9th day of May, 2006.
125 Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
,~~~ (1_
,JlrM ~
City Attorney's fflce
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A . Appropriations
FY 2006-07
Proposed
002 General Fund
Agriculture
Audit Services
Benefits Administration
Board of Equalization
Circuit Court
City Attorney
City Clerk
City Manager
City Real Estate Assessor
City Treasurer
Clerk of the Circuit Court
Commissioner of the Revenue
Commonwealth's Attorney
Communications and Information Technology
Community Organization Grants
Convention and Visitor Bureau
Convention and Visitor Bureau (Major Projects)
Director of Finance
E3 Initiative
Economic Development
Emergency Medical Services
Employee Special Benefits
Fire
General District Court
General Registrar
Health
Housing and Neighborhood Preservation
Human Resources
Human Services
Human Services Integration. Information Technology
Independent Financial Services
Juvenile Probation
Juvenile and Domestic Relations District Court
Library
Magistrates
Management Services
Mass Transit Operations
Municipal Council
Museums
Parks and Recreation
Planning and Community Development
Police
Public Works
Regional Participation
Reserve for Contingencies
Revenue Reimbursements
897,802
498,130
297,579
19,090
964,512
3,647,015
590,857
3,605,189
2,669,257
4,891,375
2,612,423
3,736,493
6,219,672
20,377,279
645,479
4,632,223
5,252,428
4,791,062
35,000
2,085,938
6,373,363
2,582,337
37,707,474
325,327
1,213,808
3,272,500
1,566,802
4,490,424
84,170,350
619,406
145,003
2,284,866
158,048
16,134,126
139,934
3,739,484
2,067,558
578,200
1,987,485
13,540,728
9,808,925
77,384,257
80,091,616
1,862,068
18,196,514
8,474,259
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A . Appropriations
Transfer to Other Funds
Vehicle Replacements
Wetlands Board of Virginia Beach
Zoning Board of Appeals
FY 2006-07
Proposed
508,386,383
4,400,000
13,925
42,455
Fund 002 Appropriation Totals 960,226,428
108 School Instructional Technoloqv Fund
Instructional Technology
6,636,000
Fund 108 Appropriation Totals 6,636,000
109 School Vendina Operations Fund
Education - Athletic
1,365,000
Fund 109 Appropriation Totals 1,365,000
112 School Communication Tower Technoloav Fund
Instructional Technology
400,000
Fund 112 Appropriation Totals 400,000
114 School Cafeteria Fund
Education - Cafeteria
25,411,511
Fund 114 Appropriation Totals 25,411,511
115 School Operatina Fund
Administration, Attendance, and Health
Instruction
Less: City Manager Reduction
Operations and Maintenance
Pupil Transportation
22,984,779
538,700,909
-7,116,408
89,415,253
33,553,556
Fund 115 Appropriation Totals 677,538,089
116 School Grants Fund
Education - Grants
Fund 116 Appropriation Totals
55,921,032
55,921,032
117 School Textbook Fund
Education - Textbook
7,477,925
7,477,925
Fund 117 Appropriation Totals
119 School Athletic Special Revenue Fund
Education - Athletic
Fund 119 Appropriation Totals
4,499,489
4,499,489
120 Federal Police Department Grant Fund
Police (Uniform Patrol Grant)
Reserve for Contingencies
Fund 120 Appropriation Totals
823,530
23,696
847,226
130 Law Library Fund
Library (Law Library)
Reserve for Contingencies
Transfer to Other Funds
Fund 130 Appropriation Totals
352,831
23,367
60,000
436,198
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
134 E-911 Communications Special Revenue Fund
Communications and Information Technology
Reserve for Contingencies
Transfer to Other Funds
142 DEA Seized Property Special Revenue Fund
Commonwealth's Attorney
143 Access Channel Support Special Revenue Fund
Communications and Information Technology
146 Police Extraditions Special Revenue Fund
Police (Airplane Enterprise)
Police (Extraditions)
147 Federal Section 8 ProQram Special Revenue Fund
Housing and Neighborhood Preservation (Section 8 Housing)
Housing and Neighborhood Preservation (Section 8)
Reserve for Contingencies
148 Comprehensive Services Act Special Revenue Fund
Human Services
Reserve for Contingencies
149 Sheriff's Department Special Revenue Fund
R~serve for Contingencies
Sheriff and Corrections
150 Inmate Services Special Revenue Fund
Reserve for Contingencies
Sheriff and Corrections (Inmate Services)
Transfer to Other Funds
151 Parks and Recreation Special Revenue Fund
Parks and Recreation
Public Works
Reserve for Contingencies
Transfer to Other Funds
152 Tourism Growth Investment Fund
Convention and Visitor Bureau (TGIF)
Museums
Parks and Recreation (TGIF)
Planning and Community Development (TGIF)
Fund 134 Appropriation Totals
Fund 142 Appropriation Totals
Fund 143 Appropriation Totals
Fund 146 Appropriation Totals
Fund 147 Appropriation Totals
Fund 148 Appropriation Totals
Fund 149 Appropriation Totals
Fund 150 Appropriation Totals
Fund 151 Appropriation Totals
FY 2006-07
Proposed
9,917,163
2,077,867
1,247,872
13,242,902
160,000
160,000
36,025
36,025
568,891
229,914
798,805
150,000
10,998,670
37,074
11,185,744
10,164,521
1,099
10,165,620
136,568
30,428,635
30,565,203
2,408
546,834
274,551
823,793
22,851,542
2,603,201
422,762
69,540
25,947,045
2,875,852
50,500
31,301
376,962
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
Public Works (TGIF)
Reserve for Contingencies
Transfer to Other Funds
FY 2006-07
Proposed
724,478
1,134,309
11,774,801
Fund 152 Appropriation Totals 16,968,203
156 Police Services Special Revenue Fund
Police
20,000
Fund 156 Appropriation Totals 20,000
157 Sand bridge Special Service District Special Revenue Fund
Transfer to Other Funds
Fund 157 Appropriation Totals
158 EMS State Four-for-Life Special Revenue Fund
Emergency Medical Services
Fund 158 Appropriation Totals
159 Fire Programs Special Revenue Fund
Fire (Fire Programs)
Fund 159 Appropriation Totals
161 Agriculture Reserve Program Special Revenue Fund
Agriculture (Agricultural Reserve Program)
Reserve for Contingencies
Reserve for Future Commitments
Transfer to Other Funds
Fund 161 Appropriation Totals
163 Tourism Advertising Program Special Revenue Fund
Convention and Visitor Bureau (Tourism Advertising)
Reserve for Contingencies
Fund 163 Appropriation Totals
165 Lvnnhaven Mall Tax Increment Financing Fund
Reserve for Contingencies
Tax Increment Financing
Fund 165 Appropriation Totals
166 Sand bridge Tax Increment Financing Fund
Reserve for Future Commitments
Transfer to Other Funds
Fund 166 Appropriation Totals
167 Arts and Humanities Commission Special Revenue Fund
Arts and Humanities Commission
Fund 167 Appropriation Totals
169 Central Business District - South TIF (Town Center) Fund
Reserve for Future Commitments
Transfer to Other Funds
Fund 169 Appropriation Totals
2,304,114
2,304,114
225,000
225,000
597,879
597,879
207,632
3,169
876,517
2,958,937
4,046,255
9,367,786
25,470
9,393,256
274,257
1,950,000
2,224,257
8,979,789
1,428,673
10,408,462
492,206
492,206
437,200
2,917,894
3,355,094
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
170 VirQinia Aauarium Special Revenue Fund
Museums (Virginia Marine Science Museum)
Reserve for Contingencies
172 Open Space Special Revenue Fund
Parks and Recreation (Open Space)
Public Works (Open Space)
Reserve for Contingencies
Reserve for Future Commitments
Transfer to Other Funds
173 Maior Proiects Special Revenue Fund
Public Works (Major Projects)
Reserve for Contingencies
Transfer to Other Funds
174 Town Center Special Tax District
Reserve for Contingencies
Town Center Special Tax District
Transfer to Other Funds
175 Golf Course Special Revenue Fund
Parks and Recreation (Golf Courses)
Reserve for Contingencies
Transfer to Other Funds
176 Transition Area Special Revenue Fund
Reserve for Future Commitments
180 Community Development Special Revenue Fund
Community Development Block Grants
Housing and Neighborhood Preservation
Reserve for Contingencies
Transfer to Other Funds
181 CD Loan and Grant Fund
Community Development Block Loan and Grants
182 Federal HousinQ Assistance Grant Fund
Federal HOME Grants
Fund 170 Appropriation Totals
Fund 172 Appropriation Totals
Fund 173 Appropriation Totals
Fund 174 Appropriation Totals
Fund 175 Appropriation Totals
Fund 176 Appropriation Totals
Fund 180 Appropriation Totals
Fund 181 Appropriation Totals
Fund 182 Appropriation Totals
FY 2006-07
Proposed
6,844,146
94,625
6,938,771
181,889
15,000
7,500
562,262
4,229,491
4,996,142
339,627
12,140
18,149,069
18,500,836
204,731
837,769
39,634
1,082,134
2,485,201
86,750
200,000
2,771,951
54,707
54,707
1,582,129
1,355,040
58,392
123,129
3,118,690
262,674
262,674
1,450,998
1,450,998
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
FY 2006-07
Proposed
183 Grants Consolidated Fund
Commonwealth's Attorney. Grants
Fire Grants
Housing and Neighborhood Grants
Human Services
Police (Uniform Patrol Grant)
Public Works Grants
Reserve for Contingencies
Social Services Grants
299,409
997,734
1,050,852
999,815
57,585
15,000
139,479
701,784
Fund 183 Appropriation Totals 4,261,658
185 Mental Health Grants Fund
Human Services
Human Services (Substance Abuse Grants)
Transfer to Other Funds
210,446
506,084
12,000
Fund 185 Appropriation Totals 728,530
187 Marine Science Museum Grants Fund
Museum Grants
31,000
Fund 187 Appropriation Totals 31,000
241 Water and Sewer Fund
Debt Service
Public Utilities
Reserve for Contingencies
Transfer to Other Funds
13,198,752
67,414,416
1,371,689
11,570,597
Fund 241 Appropriation Totals 93,555,454
253 ParkinQ Enterprise Fund
Convention and Visitor Bureau (Parking)
Reserve for Contingencies
Transfer to Other Funds
2,017,243
313,477
852,717
Fund 253 Appropriation Totals 3,183,437
255 Storm Water Utility Enterprise Fund
Debt Service
Public Works (Storm Water Operations)
Reserve for Contingencies
Transfer to Other Funds
957,593
9,919,538
392,813
8,978,505
Fund 255 Appropriation Totals 20,248,449
302 General Debt Fund
Debt Service
110,046,591
Fund 302 Appropriation Totals 110,046,591
460 School General Revenue Capital Proiects Fund
School Capital Projects
12,936,308
Fund 460 Appropriation Totals 12,936,308
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
FY 2006-07
Proposed
540 General Government Capital Proiects Fund
Building Capital Projects
Coastal Capital Projects
Communications and Information Technology Projects
Economic and Tourism Development Capital Projects
Parks and Recreation Capital Projects
Roadways Capital Projects
Fund 540 Appropriation Totals
1,890,300
5,877,101
950,000
9,953,677
8,141,207
7,074,485
33,886,770
541 Water and Sewer Capital Proiects Fund
Water and Sewer Capital Projects
Fund 541 Appropriation Totals
6,250,000
6,250,000
555 Storm Water Capital Proiects Fund
Storm Water Capital Projects
Fund 555 Appropriation Totals
6,995,149
6,995,149
908 City Beautification Fund
Parks and Recreation
10,000
Fund 908 Appropriation Totals 10,000
909 Library Gift Fund
Library Gift
8,436
Fund 909 Appropriation Totals 8,436
911 Parks and Recreation Gift Fund
Parks and Recreation (Gift Fund)
76,000
Fund 911 Appropriation Totals 76,000
950 Circuit Court Clerk TechnoloQV Fund
Circuit Court
35,000
Fund 950 Appropriation Totals 35,000
2,215,148,446
575,632,538
1,639,515,908
Total Budget Appropriations
Less Interfund Transfers
NET BUDGET APPROPRIATIONS
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
002 General Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
Permits, Privilege Fees, and Regulatory Licenses
Fines and Forfeitures
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Specific Fund Reserves
Fund 002 Revenue Totals
108 School Instructional TechnoloQV Fund
Revenue from Local Sources
Miscellaneous Revenue
Specific Fund Reserves
Fund 108 Revenue Totals
109 School VendinQ Operations Fund
Revenue from Local Sources
From the Use of Money and Property
Miscellaneous Revenue
Specific Fund Reserves
Fund 109 Revenue Totals
112 School Communication Tower TechnoloQV Fund
Revenue from Local Sources
From the Use of Money and Property
Specific Fund Reserves
Fund 112 Revenue Totals
114 School Cafeteria Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Specific Fund Reserves
Fund 114 Revenue Totals
115 School OperatinQ Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
State Shared Sales Tax
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Fund 115 Revenue Totals
FY 2006-07
Proposed
573,685,167
242,024,208
5,096,090
5,053,033
6,700,250
10,658,531
1,644,823
81,989,020
24,138,801
8,980,577
255,928
960,226,428
1,604,382
5,031,618
6,636,000
15,000
400,000
950,000
1,365,000
200,000
200,000
400,000
70,000
12,349,395
147,288
348,716
10,723,034
1,773,078
25,411,511
465,000
1,761,594
472,000
80,495,093
267,687,525
14,771,131
311,885,746
677 ,538,089
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
116 School Grants Fund
Revenue from Local Sources
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Fund 116 Revenue Totals
117 School Textbook Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 117 Revenue Totals
119 School Athletic Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Specific Fund Reserves
Fund 119 Revenue Totals
120 Federal Police Department Grant Fund
Revenue from the Federal Government
Transfers from Other Funds
Fund 120 Revenue Totals
130 Law Library Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
Specific Fund Reserves
Fund 130 Revenue Totals
134 E-911 Communications Special Revenue Fund
Revenue from Local Sources
Other Local Taxes
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
Fund 134 Revenue Totals
142 DEA Seized Property Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 142 Revenue Totals
FY 2006-07
Proposed
3,407,309
13,853,740
38,659,983
55,921,032
100,000
6,000
2,590,546
4,781,379
7,477,925
40,000
390,000
3,946,142
123,347
4,499,489
85,649
761,577
847,226
6,327
288,230
80,000
61,641
436,198
7,553,347
44,775
722,240
1,979,000
2,943,540
13,242,902
160,000
160,000
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B . Revenues
143 Access Channel Support Special Revenue Fund
Revenue from Local Sources
Miscellaneous Revenue
Specific Fund Reserves
146 Police Extraditions Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
147 Federal Section 8 Proaram Special Revenue Fund
Revenue from Local Sources
Miscellaneous Revenue
Revenue from the Federal Government
Transfers from Other Funds
148 Comprehensive Services Act Special Revenue Fund
Revenue from Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
149 Sheriff's Department Special Revenue Fund
Revenue from Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
150 Inmate Services Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
151 Parks and Recreation Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Federal Government
Transfers from Other Funds
Fund 143 Revenue Totals
Fund 146 Revenue Totals
Fund 147 Revenue Totals
Fund 148 Revenue Totals
Fund 149 Revenue Totals
Fund 150 Revenue Totals
Fund 151 Revenue Totals
FY 2006-07
Proposed
11,000
25,025
36,025
798,805
798,805
12,500
11,159,679
13,565
11,185,744
2,500
765,426
5,876,422
3,521,272
10,165,620
1,797,290
33,215
17,360,761
240,900
11,133,037
30,565,203
15,000
806,385
2,408
823,793
1,123,253
10,216,446
80,535
1,000
14,525,811
25,947,045
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B . Revenues
152 Tourism Growth Investment Fund
Revenue from Local Sources
Permits, Privilege Fees, and Regulatory Licenses
Fines and Forfeitures
From the Use of Money and Property
Transfers from Other Funds
156 Police Services Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
157 Sandbridae Special Service District Special Revenue Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
From the Use of Money and Property
Transfers from Other Funds
158 EMS State Four-for-Life Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
159 Fire Proarams Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
161 Aariculture Reserve Proaram Special Revenue Fund
Transfers from Other Funds
163 Tourism Advertisina Proaram Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Transfers from Other Funds
165 Lvnnhaven Mall Tax Increment Financina Fund
Revenue from Local Sources
General Property Taxes
166 Sandbridae Tax Increment Financina Fund
Revenue from Local Sources
General Property Taxes
From the Use of Money and Property
Fund 152 Revenue Totals
Fund 156 Revenue Totals
Fund 157 Revenue Totals
Fund 158 Revenue Totals
Fund 159 Revenue Totals
Fund 161 Revenue Totals
Fund 163 Revenue Totals
Fund 165 Revenue Totals
Fund 166 Revenue Totals
FY 2006-07
Proposed
72,091
555,172
535,173
15,805,767
16,968,203
20,000
20,000
741,579
392,632
128,327
1,041,576
2,304,114
225,000
225,000
597,879
597,879
4,046,255
4,046,255
33,442
400,950
40,000
8,918,864
9,393,256
2,224,257
2,224,257
10,195,580
212,882
10,408,462
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
167 Arts and Humanities Commission Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
Fund 167 Revenue Totals
169 Central Business District - South TIF (Town Center) Fund
Revenue from Local Sources
General Property Taxes
From the Use of Money and Property
Fund 169 Revenue Totals
170 Virainia Aquarium Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Transfers from Other Funds
Fund 170 Revenue Totals
172 Open Space Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Specific Fund Reserves
Fund 172 Revenue Totals
173 Maior Proiects Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Specific Fund Reserves
Fund 173 Revenue Totals
174 Town Center Special Tax District
Revenue from Local Sources
General Property Taxes
Fund 174 Revenue Totals
175 Golf Course Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Fund 175 Revenue Totals
176 Transition Area Special Revenue Fund
Transfers from Other Funds
Fund 176 Revenue Totals
180 Community Development Special Revenue Fund
Revenue from the Federal Government
Non-Revenue Receipts
Transfers from Other Funds
Fund 180 Revenue Totals
FY 2006-07
Proposed
5,000
487,206
492,206
3,299,124
55,970
3,355,094
22,500
5,777,897
745,300
393,074
6,938,771
210,601
3,785,541
1,000,000
4,996,142
904,385
15,697,426
1,899,025
18,500,836
1,082,134
1,082,134
227,700
2,544,251
2,771,951
54,707
54,707
2,559,608
37,326
521,756
3,118,690
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
181 CD Loan and Grant Fund
Non-Revenue Receipts
Fund 181 Revenue Totals
182 Federal Housina Assistance Grant Fund
Revenue from the Federal Government
Non-Revenue Receipts
Fund 182 Revenue Totals
183 Grants Consolidated Fund
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Non-Revenue Receipts
Transfers from Other Funds
Fund 183 Revenue Totals
185 Mental Health Grants Fund
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Fund 185 Revenue Totals
187 Marine Science Museum Grants Fund
Revenue from the Federal Government
Fund 187 Revenue Totals
241 Water and Sewer Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Non-Revenue Receipts
Transfers from Other Funds
Specific Fund Reserves
Fund 241 Revenue Totals
253 Parkina Enterprise Fund
Revenue from Local Sources
Permits, Privilege Fees, and Regulatory Licenses
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
Specific Fund Reserves
Fund 253 Revenue Totals
255 Storm Water Utilitv Enterprise Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
Fund 255 Revenue Totals
FY 2006-07
Proposed
262,674
262,674
1,400,998
50,000
1,450,998
15,000
1 ;256,338
2,639,030
41,000
310,290
4,261,658
3,000
255,221
470,309
728,530
31,000
31,000
1,933,181
86,066,470
221,495
3,397,043
241,811
1,695,454
93,555,454
30,000
55,000
2,500,000
298,437
300,000
3,183,437
120,130
14,677,074
5,383,768
67,477
20,248,449
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
FY 2006-07
Proposed
302 General Debt Fund
Transfers from Other Funds
110,046,591
Fund 302 Revenue Totals 110,046,591
460 School General Revenue Capital Proiects Fund
Transfers from Other Funds
12,936,308
Fund 460 Revenue Totals 12,936,308
540 General Government Capital Proiects Fund
Transfers from Other Funds
33,886,770
Fund 540 Revenue Totals 33,886,770
541 Water and Sewer Capital Proiects Fund
Transfers from Other Funds
6,250,000
Fund 541 Revenue Totals 6,250,000
555 Storm Water Capital Proiects Fund
Transfers from Other Funds
6,995,149
Fund 555 Revenue Totals 6,995,149
908 City Beautification Fund
Revenue from Local Sources
Miscellaneous Revenue
10,000
Fund 908 Revenue Totals 10,000
909 Library Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
Specific Fund Reserves
5,600
2,836
Fund 909 Revenue Totals 8,436
911 Parks and Recreation Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
76,000
Fund 911 Revenue Totals 76,000
950 Circuit Court Clerk Technology Fund
Revenue from Local Sources
Charges for Services
35,000
Fund 950 Revenue Totals 35,000
2,215,148,446
575,632,538
1,639,515,908
Total Budget Revenues
Less Interfund Transfers
NET BUDGET REVENUES
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN
3 TO THE U.S. DEPARTMENT OF HOUSING AND
4 URBAN DEVELOPMENT
5 WHEREAS, the United States Congress has established legislation designated as the Housing and
6 Community Development Act of 1974 that sets forth the development of viable urban communities as a national
7 goal;
8 WHEREAS, there is federal assistance available for the support of Community Development and Housing
9 activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate
10 income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the
11 City's housing stock and community services, along with other related activities; and
12 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia
13 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban
14 Development and has created the necessary mechanisms for its implementation in compliance with federal and
15 local directives;
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
17 VIRGINIA:
18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the
19 City, to submit the City's FY 2007 Annual Funding Plan (the "Plan") and amendments thereto, along with
20 understandings and assurances contained therein and such additional information as may be required, to the
21 Department of Housing and Urban Development to permit the review, approval, and funding of the Plan.
22 Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
..s ClJlJJ Q ,
Management Services
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
2 TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE
3 TAXES FOR ELDERLY OR DISABLED PERSONS BY
4 INCREASING INCOME AND NET WORTH LIMITS
5 SECTIONS AMENDED: ~~ 35-64 AND 35-67
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
7 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows:
8 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc.
9
(a)
Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division
10 shall be granted to persons subject to the following provisions:
11
(1 )
The title to the property for which exemption, deferral or freeze is claimed is held, or partially
12
held, on June thirtieth immediately preceding the taxable year, by the person or persons
13
claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or
14
persons.
15
(2)
The head of the household occupying the dwelling and owning title or partial title thereto or
16
either spouse in a dwelling jointly held by a husband and wife is either permanently and
17
totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year
18
immediately preceding the taxable year; provided, however, that a dwelling jointly held by a
19
husband and wife may qualify if either spouse is over sixty-five (65) years of age.
20
(3)
For the tax exemption programs, the total combined income received from all sources during
21
the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
22
principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
23
exceed tfHfty seveR forty-six thousand seveR one hundred dollars ($37,700.00) ($46,100.00)
24
provided that the first ten thousand dollars ($10,000.00) of income of each relative, other than
25
a spouse of the owner, who is living in the dwelling, shall not be included in such total: and
26
provided further that the first ten thousand dollars ($10,000.00) or any portion thereof of
27
income received by a permanently and totally disabled owner shall not be included in such
28
total.
29
(4)
For the tax freeze program, the total combined income received from all sources during the
30
preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
(8)
(5)
principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
exceed fifty two thousand dollars ($52,000.00); provided that the first ten thousand dollars
($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the
dwelling, shall not be included in such total; and provided that the first ten thousand dollars
($10,000.00) or any portion thereof of income received by a permanently and totally disabled
owner shall not be included in such total.
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 eRe three hundred and
fIf1y seventy nine thousand five hundred dollars $179,500.00) $350.000.00.
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 eRe three hundred and fifty
seventy nine thousand five hundred dollars ($179,500.00) $350.000.00.
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 not
exceed fifty-two thousand dollars ($52,000.00) provided that the first ten thousand dollars
($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the
dwelling, shall not be included in such total; and provided further that the first ten thousand
dollars ($10,000.00) or any portion thereof of income received by a permanently and totally
disabled owner shall not be included in such total.
For the tax deferral 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 twe three hundred and fifty
(6)
(7)
59
thousand dollars ($200,000.00) ($350.000.00).
60
(9)
The dwelling is occupied.
61
62 Sec. 35-67. Amount of exemption.
63 When a person claiming exemption under this division conforms to the standards and does not exceed
64 the limitations contained in this division, the tax exemption shall be as shown on the following schedule:
65 Total income,
66 All Sources
Tax Exemption
67 $0.00 $27,800.00
68 $27,800.01 $30,200.00
69 $30,200.01 $32,700.00
70 $32,700.01 $35,100.00
71 $35,100.01 $37,700.00
$0.00 - $34.000.00
$34.000.01 - $36.900.00
$36.900.01 - $40.000.00
$40.000.01 - $42.900.00
$42.900.01 - $46.100.00
100%
80%
60%
40%
20%
72 No lien shall accrue as a result of the amount certified as exempt.
73 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2006.
74 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Jj~Q-
Management Services
, ~mu' ~ bi!.(b ~
City Attorney's Off'
1 AN ORDINANCE TO DECLARE $9,000,000 OF FUNDING WITHIN
2 THE SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS
3 SURPLUS FUNDS IN THE FY 2005-06 OPERATING BUDGET
4 WHEREAS, the Sandbridge Tax Increment Financing District (Sand bridge TIF) and the Sandbridge
5 Special Service District (Sand bridge SSD), were established to provide a funding source for beach and shoreline
6 restoration and management at Sand bridge;
7 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that
8 funding is adequate for long-term beach and shoreline restoration and management along Sand bridge;
9 WHEREAS, current projections indicate that the Sand bridge TIF and Sandbridge SSD have sufficient
10 funding to meet long-term obligations for beach and shoreline restoration and management;
11 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the
12 project;
13 WHEREAS, $8,173,745 is available in the fund balance of the Sandbridge TIF and an additional
14 $826,255 is available as an unencumbered appropriation in the FY 2005-06 Sandbridge TIF Reserve for Future
15 Commitments; and
16 WHEREAS, these combined funds totaling $9,000,000 are not pledged as security for any obligations
17 and do not include any amount accrued in the Sand bridge SSD.
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
19 VIRGINIA:
20
(1 )
That $8,173,745 is hereby appropriated from the Sandbridge TIF fund balance to the Sand bridge
21
TIF Reserve for Future Commitments and combined with unencumbered Sand bridge TIF funds of
22
$826,255, for a total of $9,000,000.
23
(2)
That $9,000,000 of funding within the Sand bridge TIF is hereby declared to be in excess of the
24
long-term obligations for beach and shoreline restoration and management and is hereby
25
declared surplus.
26
(3)
That $9,000,000 is hereby transferred within the FY 2005-06 Operating Budget from the
27
Sandbridge TIF to the General Fund - Unappropriated Real Estate Tax Revenues.
28
BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2006.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2006.
29
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
(,BaMO Q, ~ ^"A(1_
Management Services ~ J
Jamu 'fiJ.h
City Attorney's Off '-
1 AN ORDINANCE TO AMEND THE FUNDING SOURCES FOR
2 THE AGRICULTURE RESERVE PROGRAM BY LOWERING
3 THE AMOUNT OF REAL ESTATE TAX REVENUE
4 WHEREAS, on May 9, 1995, the City Council adopted the Agricultural Lands Preservation Ordinance,
5 establishing the Agricultural Reserve Program (the "Program") for the preservation of agricultural lands within the
6 City, and the City Council initially dedicated a one and one-half cent increase in the real estate tax to finance the
7 Agricultural Reserve Program; and
8 WHEREAS, on May 11, 2004, the City Council lowered the dedicated amount of real estate tax from one
9 and one-half cent to one cent, and
10 WHEREAS, a financial analysis indicates that the dedicated amount of real estate tax can be lowered
11 from one aAG ona holf cents to eRe nine tenths of one cent, ($0.009 GeRts} and this revenue stream will be
12 sufficient to meet current and projected obligations of the program.
13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA:
15 That, subject to appropriation, the following revenue sources will be used to pay the costs of the
16 Agricultural Reserve Program:
17
1.
GRe Nine tenths cent ($0.009) of the Real Estate Tax;
18
2.
Such other General Fund Revenues as may be committed by City Council in support of the
19 Agricultural Reserve Program; and
20
3.
Agricultural Reserve Program Fund Balance and any other revenues attributable to the Special
21 Revenue Fund.
22 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 9th day of May, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
('I
,,/vI~.
, I
"j <1[.111 I ,-1L-4( 1/"
- U
City Attorney's Office
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE
2 ASSESSMENT OF ADDITIONAL COURT COSTS TO SUPPORT THE
3 PUBLIC LAW LIBRARY
4 SECTION AMENDED: ~ 17-19
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6 That section 17-19 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
7 to read as follows:
8 Sec. 17-19. Established; imposition of assessment of additional court costs to support library.
9
(a)
Pursuant to section 42.1-70 of the Code of Virginia, as amended, the city hereby creates
10
and establishes a public law library and, for the support thereof, does hereby impose and
11
provide an assessment as part of the costs incident to each civil action filed in the courts
12
located within the boundaries of the city in the sum of tAfee four dollars ($3.00) ($4.00)
13
for each action so filed.
14
(b)
The assessment provided for herein shall be in addition to all other costs prescribed by
15
law, but shall not apply to any action in which the commonwealth or any political
16
subdivision thereof or the federal government is a party, and in which the costs are
17
assessed against the commonwealth, any political subdivisions thereof or the federal
18
political subdivisions thereof or the federal government.
19
BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1,2006.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2005.
20
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~e~~~
, 1/lJ.flu c--{tt^
City Aftorney's Office -
1 AN ORDINANCE TO AMEND SECTION 35-280 OF THE CITY CODE PERTAINING
2 TO MOTOR VEHICLE LICENSE FEES
3 SECTION AMENDED: ~ 35-280
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 That Section 35-280 of the City Code is hereby amended and reordained, to read as follows:
6 Sec. 35-280. License requirement; imposition of fee.
7
(a)
There is hereby imposed a requirement for a local vehicle license, for the terms as established by this
8 Article, on motor vehicles, trailers and semitrailers, regularly kept in the City and used upon public roadways of the City.
9 The amount of the fee for this license shall be as set forth in the following subsections of this Section, and shall be due
10 annually at the same time the state registration is obtained, unless specifically provided for otherwise. A valid vehicle
11 registration, issued by the State Department of Motor Vehicles after April 21,2003, shall, as necessary, document
12 compliance with the local vehicle license requirements imposed by this ordinance and serve as a license.
13
(b)
The license fee on a motor vehicle, designed and used for the transportation of passengers, which is
14 self-propelled or designed for self-propulsion, shall be, except as otherwise specifically provided in this Section, imposed
15 in accordance with the following schedule:
16
(1 )
Motor vehicles weighing four thousand (4,000) pounds or less, and pickup trucks with a gross weight of
17 four thousand (4,000) pounds or less. . . $ 26.00 26.00
18
(2)
Motor vehicles weighing more than four thousand (4,000) pounds, and pickup trucks with a gross weight
19 from four thousand and one (4,001) pounds to seven thousand five hundred (7,500) pounds. . . ~ 31.00
20
(3)
(4)
Motorcycle. . . 2&00 24.00
21
Antique motor vehicles licensed permanently pursuant to Code of Virginia, ~ 46.2-730 (motorcycles or
22 cars) . . . 13.50
23
(5)
Any motor vehicle, trailer or semitrailer upon which well-drilling machinery is attached and which is
24 permanently used solely for transporting such machinery and any specialized mobile equipment as defined by Code of
25 Virginia, ~ 46.2-700. . . 15.00
26
(c)
(1 )
Unless otherwise specified in this Article, the license fees for trailers and semitrailers not
27 designed and used for the transportation of passengers on the highways in the commonwealth shall be as follows:
Registered Gross Weight Annual Fee Permanent Fee
0--1 ,500 Ibs. $ 7,W 8.50 $52.00
1,501--4,000 4&00 19.00 52.00
4,001 Ibs and above 25.50 52.00
28 (2) The license fee for each trailer or sem~railer designed for use as living quarters for human beings shall
29 be twenty-five dollars ($2e.OO). ($26.00).
30 (3) The license fee for all trailers designed exclusively to transport boats or horses shall be seven dollars
31 and fifty cents ($7.50).
32 (d) There is hereby imposed a license fee, to be paid by the owner, upon each motor vehicle not designed
33 and used for the transportation of passengers, whether operated under lease or not. The amount of the license fee shall
34 be determined by the gross weight of the vehicle or combination of vehicles of which ~ is a part, when loaded to the
35 maximum capacity for which ~ is registered and licensed by the state, according to the following schedule:
36 Pounds Fee
37 4,000 or less. . . $ ~ 25.00
38 4,001--16,000... ~30.00
39 16,001--17,000.. .~31.80
40 17,001--18,000... ~33.10
41 18,001--19,000 . . . 33:4Q. 34.40
42 19,001--20,000 . . . ~ 35.70
43 20,001--21,000... ~37.00
44 21,001--22,000 . . . ~ 38.30
45 22,001--23,000... ~39.60
46 23,001--24,000 . . . ~ 40.90
47 24,001--25,000 . . . 44-:2Q. 42.20
48 25,001--26,000.. . ~43.50
49 26,001--27,000... ~44.80
50 27,001--28,000... 4&:4G46.10
51 28,001--29,000 . . . 4&:4Q. 47.40
52 29,001--30,000 . . . 47-:+G 48.70
53 30,001--31,000 . . .49-:00 50.00
54 31,001--32,000.. .~51.30
55 32,001--33,000 . . . &+:eQ. 52.60
56 33,001--34,000 . . . e2-:OO 53.90
57 34,001--35,000 . . . 64.,2Q. 55.20
58 35,001--36,000 . . . ee.,w 56.50
59 36,001--37,000.. .66-:0057.80
60 37,001--38,000. . . 6S:4-Q. 59.10
61 38,001--39,000 . . . W:4Q. 60.40
62 39,001--40,000 . . . 6G-:7Q. 61.70
63 40,001--41,000 . . . ~ 63.00
64 41,001--42,000 . . . ~ 64.30
65 42,001--43,000 . . . ~ 65.60
66 43,001--44,000 . . . s&,.oo 66.90
67 44,001--45,000 . . . ~ 68.20
68 45,001--46,000... ~69.50
69 46,001--47,000... eg.,.gg. 70.80
70 47,001--48,000. . . 74-:4G 72.10
71 48,001--49,000 . . . ~ 73.40
72 49,001--50,000. . . ~ 74.70
73 50,001--51,000.. .7&00-76.00
74 51,001--52,000.. .~77.30
75 52,001--53,000 . . . 77-:6Q. 78.60
76 53,001--54,000 . . .7&00 79.90
77 54,001--55,000 . . . 8Q..,2G 81.20
78 55,001--56,000. . . 8+-:9Q. 82.50
"'
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
..
56,001--56,800 . . . ~ 83.80
56,801 & over. . . 8&:GQ. 86.00
(e) In the case of a combination of a truck or tractor truck and a trailer or semitrailer, each vehicle
constituting a part of such combination shall be registered as a separate vehicle, and a separate local vehicle license fee
shall be imposed thereon, but, for the purpose of determining the gross weight group into which any such vehicle falls
pursuant to subsection (d) of this Section, the combination of vehicles of which such vehicle constitutes a part shall be
considered a unit, and the aggregate gross weight of the entire combination shall determine such gross weight group. In
determining the fee to be paid for the local license for a truck or tractor truck constituting a part of such combination, the
fee shall be assessed on the total gross weight of the combination when loaded to the maximum capacity for which it is
registered and licensed. However, there shall be no deduction from this fee for the local vehicle license fee of the trailer
or semitrailer in the combination.
(f) The increases in fees authorized on Mav 9. 2006. shall be effective for October 1. 2006 throuah
September 30.2007. and the additional revenue resultina from the fee increase shall fund activities associated wtth the
Virainia Beach 2007 celebration to commemorate the 400th anniversary of the First Landina at Cape Henry and
subseauent settlina of Jamestown as the first settlement in the New World. Absent further action bvthe City Council. on
October 1. 2007. all fees shall revert to those rates in effect on Mav 9.2006.
Adopted by the Council of the Ctty of Virginia Beach, Virginia, on this the 9th day of May, 2006.
- 29-
Item V-J.2a-d
ORDINANCES
ITEM # 55179
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances/Resolution re FY 2006-2007 BIENNIAL CAPITAL BUDGET:
a.
FY 2007 /FY 2012 Capital Improvement Program (CIP) and APPROPRIA TE
$214,569,984 for the FY 2007 Capital Budget, subject to funds being provided from
various sources set forth therein
b.
A UTHORIZE the issuance of General Obligation Public Improvement Bonds in the
maximum amount of $ 63,800,000 for various public facilities and general improvements
c.
AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum
amount of$2,51 0, 000
d.
AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum
amount of$18,950,465
Voting:
10-1
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
May 9, 2006
1 AN ORDINANCE TO ADOPT THE FY 2007/FY 2012 CAPITAL
2 IMPROVEMENT PROGRAM AND TO APPROPRIATE
3 $214,569,984 FOR THE FY 2007 CAPITAL BUDGET
4 SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS
5 SOURCES SET FORTH HEREIN
6 WHEREAS, the City Manager, on March 28, 2006, presented to City Council the Capital
7 Improvement Program for fiscal years 2007 through 2012;
8 WHEREAS, City Council held public hearings on the program to provide for public comment;
9 WHEREAS, based on public comment, City Council has determined the need for certain projects in
10 the Capital Improvement Program; and
11 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in
12 the 2007 fiscal year, as set forth in said Capital Improvement Program.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA:
15 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to,
16 capital facilities identified for fiscal years 2007 through 2012 is hereby adopted, and the projects listed
17 therein are hereby approved as capital projects.
18 Section 2. That the projects shall be financed from funds to be appropriated periodically by City
19 Council, and until funds are so provided, the projects are for planning purposes only and may be deleted,
20 altered, or rescheduled in any manner at any time by City Council.
21 Section 3. That funds in the amounts aggregating $214,569,984 for capital projects in the Capital
22 Budget for the 2007 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated,
23 by project and subject to the conditions set forth herein. The amount of funding for individual projects is set
24 forth in "Attachment A - Capital Budget Appropriations," a copy of which is attached hereto.
25 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of
26 the Capital Budget for the 2007 fiscal year as set forth in said Capital Improvement Program are attached to
27 this ordinance as "Attachment B - Financing Sources."
28
Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in
29 accordance with said Capital Improvement Program and reallocated as identified in "Attachment C -
30 Transfers," a copy of which is attached hereto.
31 Section 6. That additional appropriations and the addition of capital projects shall not be initiated
32 except with the consent and approval of the City Council first being obtained, and an appropriation for a
33 project in the Capital Improvement Program shall continue in force until the purpose for which it was made
34 has been accomplished or abandoned.
35 Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of .
36 school projects, must be certified as to the availability of funds by the Director of Finance prior to the
37 initiation of work on the contract.
38 Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City
39 Manager or the Director of Management Services is authorized to approve transfers of appropriations in an
40 amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager
41 shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City
42 Manager or the Director of Management Services is hereby authorized to establish and administer the
43 budgeting of capital projects consistent with best management practices, reporting requirements and the
44 Capital Improvement Program adopted by the City Council.
45 Section 9. That the City Manager or the Director of Management Services is hereby authorized to
46 change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for
47 the various capital projects included in this ordinance to reflect effective utilization of the financing sources.
48 If the financing sources in support of capital projects decline, the City Manager or the Director of
49 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or
50 bond issue, those appropriations to equal the changed financing source. The City Manager must give prior
51 notice to the City Council of any reductions to total appropriations exceeding $100,000. The notice to City
52 Council shall identify the basis and amount of the appropriation reduction and the capital projects affected.
53 The accounting records of the City will be maintained in a manner where the total of financing sources is
54 equal to the total appropriations for each of the City's capital projects funds.
55 Section 10. That the Capital Improvement Program debt management policies contained and
56 included in the Resource Management Plan - Executive Summary document shall be the policy guidelines
57 of the City, and the City Manager shall annually report on the status of those guidelines and the projected
58 impact of the proposed Capital Improvement Program on those guidelines, such information to be included
59 in the Resource Management Plan submittal. The City Manager may propose modifications to those
60 policies and guidelines through the Resource Management Plan.
61
Section 11. That subject to the appropriation of sufficient funds within a capital project, the
62 acquisition of real property necessary for the project is authorized by means of voluntary negotiation with
63 willing sellers.
64 Section 12. That on March 28. 2006. the City Council adopted an ordinance appropriatinq
65 $15.000,000 for FY 2006-07 to comply with the Base Realiqnment and Closure Commission (BRAC)
66 requirements reqardinq Naval Air Station Oceana. The $15.000.000 is included in both the Operatinq
67 Budqet and Capital Improvement Proqram ordinances as summarized in Attachment A to both ordinances.
68 Adoption of the Operatinq Budqet and Capital Improvement Proqram ordinances incorporates this
69 appropriation into the FY 2006-07 budqet.
70 Section -i2 jl. That violation of this ordinance shall result in the City Manager taking disciplinary
71 action against the person or persons responsible for the capital project in which the violation occurred.
72 Section 4-J 14. That if any portion of this ordinance is for any reason declared to be unconstitutional
73 or invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
74 Section 44 12. That this ordinance shall be in effect from the date of its adoption; however,
75 appropriations for the FY 2007 Capital Budget shall be effective on July 1, 2006.
76 Adopted by the City Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
8QLlJQ ~
Management Services
1~ll11f > ifl.h >
City ~torney's Offic
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
9.016
9.060
9.069
9.141
3.365
3.371
3.035
3.281
2.018
2.021
2.025
2.031
2.039
2.048
2.052
2.053
2.067
2.072
2.073
2.076
2.089
2.107
Economic Vitalitv
Town Center Infrastructure
Oceana & Interfacility Traffic Area Conformity & Acquisition
19th Street Corridor Improvements
Economic Development Investment Program (On-Going)
Total Economic and Tourism Development Projects:
Total Economic Vitality Projects:
Safe Community
Fire Facility Rehabilitation and Renewal- Phase II
Fire Apparatus - Phase II
Total Buildings Projects:
CfT - Criminal Justice Automated Systems Analysis
CIT - Communication Infrastructure Replacement
Total Communications and Information Technology Projects:
Total Safe Community Projects:
Qualitv Physical Environment
Major Intersection Improvements
Rural Road Improvements
Witchduck Road - Phase II (Partial) (First Cities Project)
Street Reconstruction
Computerized Traffic Signal System Upgrade/Rep!. (Partial)
Princess Anne Rd./Kempsville Rd. Inter. Impr. (First Cities)
Traffic Signal Rehabilitation
Access Road for Elementary School 2008
Sand bridge Road Safety Improvements
First Colonial RdNa. Beach Blvd. Intersection Imp.
Buckner Road Extended
Laskin Road Gateway
Southeastern Parkway & Greenbelt (Partial)
Seaboard Road
727,000
15,000,000
10,200,000
2,095,224
$28,022,224
$28,022,224
491,839
790,300
$1,282,139
300,000
9,900,000
$10,200,000
$11,482,139
1,465,000
200,000
316,900
150,000
5,500,000
4,229,018
350,000
1,000,000
1,005,000
3,274,000
354,429
438,000
989,264
795,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
2.115
2.145
2.157
2.158
2.168
2.172
2.176
2.195
2.211
2.256
2.263
2.268
2.284
2.285
2.837
2.931
3.366
3.367
3.368
5.001
5.006
5.008
5.017
5.083
5.084
5.091
5.092
5.118
5.138
5.139
5.140
5.163
Qualitv Phvsical Environment
Shore Drive Intersections - Demonstration Project
Wesleyan Drive (First Cities Project)
Lynnhaven Parkway - Phase IX (VDOT)
Holland Road - Phase VI (VDOT)
Lesner Bridge Replacement (First Cities Project)
LED Traffic Signal Upgrade
Transportation Network Analysis
Princess Anne Road Phase VII
Traffic Calming
Indian River Rd - Phase VII (First Cities Project)
Major Bridge Rehabilitation (Partial)
Wetlands Mitigation Banking
Pavement Maintenance Program
Traffic Safety Improvements - Phase II
Various Cost Participation Projects
Witchduck Road - Phase I (Partial) ( First Cities Project)
Total Roadways Projects:
Various Buildings HVAC Rehabilitation and Renewal- Phase II
Various Buildings Rehabilitation and Renewal - Phase II
Various Site Acquisitions
Total Buildings Projects:
Comprehensive Emergency Response & Planning - Phase I
Water Appurtenances Location & Improvements
Birdneck Road Water Improvements - Phase II (VDOT)
Public Utilities Public Access Renovations - Building #2
Stumpy Lake Water Reservoir & Pumping Facilities Improvement
System Expansion Cost Participation Agreements - Phase II
Water Request & Agreements (51% Program) - Phase V
Landstown Yard Improvements - Phase III
Computerized Mapping and Infrastructure Management Systems
Comprehensive Water Master Planning - Phase IV
Small Line Improvements - Phase IV
Various Roadway/Storm Water Coordination - Phase IV
Various Water Infrastructure Maintenance Support Program
944,000
1,648,000
403,644
408,100
1,000,000
100,000
150,000
858,034
100,000
2,260,000
660,000
100,000
7,210,395
775,000
500,000
2,102,000
$39,285,784
771,387
2,156,565
1,000,000
$3,927,952
100,000
50,000
100,000
100,000
500,000
100,000
100,000
390,000
150,000
200,000
50,000
100,000
150,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
5.164
5.166
5.167
5.202
5.203
5.207
5.302
5.303
5.400
5.401
5.402
5.405
5.451
5.601
5.708
5.802
5.803
5.951
6.018
6.019
6.028
6.030
6.031
6.046
6.065
6.066
6.067
6.068
6.069
6.071
6.081
6.086
6.138
6.148
Qualitv Phvsical Environment
IVR/CTI, Bill Print, and Automated Payment Solution Design
Automated Mobile Water Meter Reading System
Water Tank Upgrade Program - Phase III
Laskin Rd-Phase II & Gateway Water Improvements (VDOT)
Lotus Garden Water Improvements - 51% Program
Laskin Road Water Improvements - Phase I (VDOT)
Potable Wells Evaluation Program Phase II
Water Quality Program - Phase III
Fire Hydrant Program - Phase II
Records Management Improvements
Flow Monitoring Program - Phase II
Customer Information System Version Migration
Engineering Services - Various Projects
First Colonial RdNa. Beach Blvd Intersection Improvements
Resort Area Neighborhood Revitalization
Utility Crossings Condition Assessment
Water Valve Condition Assessment & Maintenance
Water Tap Installation Program
Total Water Utility Projects:
Sanitary Sewer Aging Infrastructure Program - Phase I
Resort Area Neighborhood Revitalization
Comprehensive Emergency Response & Planning - Phase I
Little Neck Point Sewer Improvements- 51 % Program
Sewer Appurtenances Evaluation & Improvements
Computerized Mapping and Infrastructure Management Systems
Infiltration, Inflow, and Rehabilitation - Phase IV
Pump Station Modifications - Phase IV
Various Roadway/Storm Water Coordination - Phase IV
Sewer Requests and Agreements - Phase IV (51% Program)
Birdneck Road Sewer Improvements - Phase II (VDOT)
Comprehensive Sewer Master Planning - Phase III
Laskin Road Phase II & Gateway Improvements
Public Utilities Public Access Renovations - Building #2
Landstown Yard Improvements - Phase III
System Expansion Cost Participation Agreements - Phase II
75,000
300,000
450,000
115,000
230,000
1,790,000
130,269
100,000
50,000
100,000
75,000
125,000
50,000
20,000
500,000
90,000
50,000
500,000
$6,840,269
1,018,196
750,000
100,000
250,000
50,000
150,000
3,515,000
4,050,000
100,000
100,000
850,000
350,000
195,000
100,000
390,000
100,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
6.168
6.169
6.203
6.401
6.405
6.411
6.451
6.502
6.505
6.506
6.601
6.602
6.603
6.604
6.612
6.613
6.710
6.802
6.803
6.951
7.004
7.005
7.016
7.024
7.027
7.031
7.063
7.067
7.091
7.145
7.152
7.153
7.157
7.159
Qualitv Phvsical Environment
Various Sewer Infrastructure Maintenance Support Program
IVR/CTI, Bill Print, and Automated Payment Solution Design
Lotus Gardens Sewer Improvements - 51% Program
Records Management Improvements
Customer Information System Version Migration
CIT - Service Area Master Planning & Info. System (SAMPIS)
Engineering Services - Various Projects
Private Sanitary Sewer Pump Station Abandonment Program
Princess Anne Plaza Rehabilitation - Phase II
Sanitary Sewer System Revitalization Program - Phase I
First Colonial RdNa. Beach Blvd Intersection Improvements
Princess Anne Rd/Kempsville Rd Intersection Improvements
Witchduck Rd - Phase I Sewer Improvements
Witchduck Rd - Phase II Sewer Improvements ~
Pump Station Wet Well Revitalization
Auxiliary Power Program - Sewer Pump Stations - Phase II
19th Street Corridor Sewer Improvements
Utility Crossings Condition Assessment Program
Sewer Valve Condition Assessment & Maintenance
Sewer Tap Installation Program
Storm Water Infrastructure Rehabilitation
North Lake Holly Watershed
South Lake Holly Watershed
Southern Canal/Lead Ditch and Culvert Improvements
SWM Master Planning, Analysis, and Inventory
Kempsville Greens GC Community Stormwater Bank Stabilization
Neighborhood Storm Water Infrastructure Improvements
Primary System Infrastructure Improvements
Residential Drainage Cost Participation Program
Arctic Avenue - Baltic Avenue
Lake Management
Lynnhaven Watershed Restoration
Lynnhaven River Environmental Restoration Study
Water Quality Participation Projects
Total Sewer Utility Projects:
100,000
75,000
235,000
100,000
125,000
250,000
50,000
75,000
2,000,000
2,000,000
20,000
200,000
70,000
50,000
300,000
600,000
400,000
90,000
50,000
1,000,000
$19,858,196
600,000
962,500
2,294,171
250,000
17,000
115,000
1,224,835
809,701
50,000
1,000,000
1 ,956,380
410,397
300,000
500,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
7.160
7.183
7.902
8.007
8.008
8.014
8.023
8.282
8.830
3.061
3.275
3.292
4.004
4.013
4.016
4.017
4.018
4.023
4.024
4.030
4.033
4.034
4.036
4.051
Qualitv Phvsical Environment
Thalia Creek Tributary Restoration
Storm Water Quality Enhancements
North Beach Drainage
Total Storm Water Projects:
Rudee Inlet Outer Channel Maintenance Dredging
Beach Replenishment
Lynnhaven Inlet Maintenance Dredging
Sandbridge Beach Access Improvement & Sand Management
Sand bridge Beach Restoration
Rudee Inlet Federal Dredging
Total Coastal Projects:
CIT - Hansen V.8 Upgrade
Total Communications and Information Technology Projects:
Total Quality Physical Environment Projects:
Cultural & Recreational Opportunities
Virginia Aquarium Renewal and Replacement
Virginia Aquarium Animal Care Annex
Total Buildings Projects:
Open Space Program Site Acquisition
Community Rec Centers Repairs and Renovations - Phase II
DistJComm. Parks/Special Use Facilities Dev. & Ren. Phase II
Golf Courses Equipment & Infrastructure - Phase II
Greenways and Scenic Waterways - Phase II
Neighborhood Parks Acquisition and Development - Phase II
Park Playground Renovations - Phase II
Recreation Office and Storage at School Sites - Phase II
Municipal Skate Parks
Community Recreation Centers Roof Repairs and Replacements
Tennis Court Renovations - Phase II
Stumpy Lake Golf Course Infrastructure Improvements
500,000
250,000
475,000
$11,714,984
240,000
1,362,723
141,591
150,000
10,100,000
400,000
$12,394,314
500,000
$500,00.0
$94,521,499
75,000
1,100,000
$1,175,000
544,992
2,843,287
635,474
200,000
112,446
150,000
450,000
28,000
100,000
800,000
400,000
350,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
4.055
4.063
4.073
4.074
4.971
1.001
1.018
1.019
1.031
1.075
1.078
1.085
1.099
1.101
1.103
1.104
1.105
1.227
1.228
1.232
1.234
1.235
3.175
3.262
Cultural & Recreational Opportunities
Open Space Park Development and Maintenance
Athletic Fields Upgrading and Lighting - Phase II
Providence Park
City Bikeways and Trails Plan Improvements - Phase I
Mount Trashmore District Park Renovations
Total Parks and Recreation Projects:
Total Cultural & Recreational Opportunities Projects:
Qualitv Education and LifelonQ LearninQ
Renovations and Replacements - Energy Management
Newtown Road Elementary School Replacement
Great Neck Middle School Replacement
Academy Facilities Improvements
Elementary School 2007-08
School Bus Garage Facility Replacement! Expansion
Alternative Education Facility - Phase II
Renovations and Replacements - Grounds - Phase II
Joint City/School Administration Building
Renovations and Replacements - HV AC Systems - Phase II
Renovations and Replacements - Reroofing - Phase II
Renovations and Replacements - Various - Phase II
Windsor Woods Elementary School Replacement
Brookwood Elementary School Replacement
Tennis Court Renovations
Virginia Beach Middle School Replacement
Windsor Oaks Elementary School Replacement
Total Schools Projects:
Virginia Beach Lifelong Learning Center
Tidewater Community College Expansion
Total Buildings Projects:
Total Quality Education and Lifelong Learning Projects:
1,550,000
200,000
1,912,500
680,150
200,000
$11,156,849
$12,331,849
750,000
9,809,575
1,500,000
100,000
9,982,103
2,500,000
12,500,000
850,000
100,000
1,118,326
2,085,000
1,250,060
3,487,567
5,955,169
100,000
7,500,000
1,000,000
$60,587,740
909,533
500,000
$1,409,533
$61,997,273
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
3.217
3.044
3.045
3.048
3.050
3.051
3.052
3.053
3.212
3.340
Familv and Youth Opportunities
CIT - Human Services Client Information System
Total Communications and Information Technology Projects:
Total Family and Youth Opportunities Projects:
Qualitv OrQanization
CIT - City Council Agenda Process Automation
CIT - Enterprise Data & Information Mgmt Plan - Phase I
CIT - Software Infrastructure Replacement
CIT - Planning Address Process Conversion
CIT - 311/Customer Relationship Phase II
CIT- IT Service Continuity
CIT - Information Management - Phase II
CIT - IT Network Infrastructure Replacement
CrT - Telecommunications Replacement
Total Communications and Information Technology Projects:
Total Quality Organization Projects:
Total Capital Budget:
700,000
$700,000
$700,000
250,000
414,000
286,000
100,000
325,000
1,900,OdO
100,000
1,750,000
390,060
$5,515,000
$5,515,000
$214,569,984
Attachment B - Financing Sources
Financing Sources
Development Proffers
Fund Balance - General Fund
Fund Balance - Other
General Appropriations
General Obligation Bonds
Lease-Purchase
Retained Earnings - Information Technology
Retained Earnings - Storm Water
Retained Earnings - Water and Sewer
State Contribution
Storm Water Utility Bonds
Storm Water Utility Fund
Water and Sewer Bonds
Water and Sewer Fund
Total Financing Sources:
Capital Budget
FY 2006-07
$44,992
$9,875,976
$7,377,713
$47,213,078
$64,889,276 .
$9,200,000
$5,675,000
$1,402,335
$1,498,000
$32,688,000
$2,510,000
$6,995,149
$18,950,465
$6,250,000
$214,569,984
Projects
Roadwav Proiects
Transfer To:
2.121
2.152
2.157
2.256
Transfer From:
2.121
2.152
2.256
Buildinqs Proiects
Transfer To:
3.038
Transfer From:
3.038
Attachment C - Transfers
Qualitv Phvsical Environment
Nimmo Parkway-Phase V-A (VDOT) (Revenue Reduction)
Elbow Road Extended - Phase II (First Cities Project) (Revenue Reduction)
Lynnhaven Parkway - Phase IX (VDOT)
Indian River Rd - Phase VII (First Cities Project) (Revenue Reduction)
Total Transfer To:
Nimmo Parkway-Phase V-A (VDOT)
Elbow Road Extended - Phase II (First Cities Project)
Indian River Rd - Phase VII (First Cities Project)
Total Transfer From:
Various Buildings Rehabilitation and Renewal (Revenue Reduction)
Total Transfer To:
Various Buildings Rehabilitation and Renewal
Total Transfer From:
Water and Sewer Utilitv Proiects
Transfer To:
5.001
5.008
5.162
5.165
5.167
5.302
6.018
Transfer From:
5.001
5.002
5.006
5.035
5.062
5.067
5.072
5.140
5.141
5.144
5.146
Comprehensive Emergency Response & Planning - Phase I (Revenue
Reduction)
Birdneck Road Water Improvements - Phase II (VDOT)
Birdneck Road Water Improvements - Phase II (VDOT)
Shore Drive Water Line Improvements
Water Tank Upgrade Program - Phase III
Potable Wells Evaluation Program Phase II
Sanitary Sewer Aging Infrastructure Program - Phase I
Total Transfer To:
Comprehensive Emergency Response & Planning - Phase I
Nimmo Pkwy Water Improvements
Water Appurtenances Location & Improvements
Nimmo Parkway Water Improvements-Phases I, II, & III (VDOT)
Nimmo Parkway Water Improvements - Phase V (VDOT)
Courthouse and Sandbridge Tank Modifications
Maxey Manor Water Improvements - 51 % Program
Various Roadway/Storm Water Coordination - Phase IV
Water Request and Agreements Phase IV - 51% Program
North End Water Main Replacement
Atlantic Ave Water Line Abandonment
Appropriations
Prior to
FY 2006-2007
$2,844,796
2,501,880
7,150,300
2,501,880
$14,998,856
$2,844,796
6,076,880
6,077,180
$14,998,856
$116,000
$116,000
$116,000
$116,000
$19,077
50,000
200,000
555,000
550,000
19,731
881,804
$2,275,612
$19,077
87,247
300,000
75
57,447
51,000
4,849
250,000
150,000
22,100
2,011
Projects
5.147
5.710
6.005
6.021
6.027
6.031
6.036
6.052
6.063
6.067
6.072
6.103
6.962
Attachment C - Transfers
Providence Road Water Improvements
19th Street Corridor Water Improvements
First Colonial Rd-Phase III & Oceana Blvd Extension (VDOT)
Salem Road C
Kenley Rd / Bonney Rd Sewer Improvements - 51% Program
Sewer Appurtenances Evaluation & Improvements
Sewer Requests and Agreements - Phase III (51 % Program)
Stumpy Lake Lane Sewer Improvements - 51% Program
Central Business District System Upgrade
Various Roadway/Storm Water Coordination - Phase IV
Bow Creek Neighborhood Park Sewer Improvements
Lake Ridge Interceptor Force Main
Timberlake Force Main
Total Transfers From:
Storm Water Utility Proiects
Transfer To:
7.005
7.027
7.063
Transfer From:
7.005
7.183
7.281
Coastal Proiects
Transfer To:
8.008
8.014
8.830
Transfer From:
8.002
8.004
8.006
Buildinas Proiects
Transfer To:
3.292
3.322
North Lake Holly Watershed (Revenue Reduction)
SWM Master Planning, Analysis, and Inventory
Neighborhood Storm Water Infrastructure Improvements
Total Transfer To:
North Lake Holly Watershed
Storm Water Quality Enhancements
Larkspur Drainage - Phases I and II
Total Transfers From:
Beach Replenishment
Lynnhaven Inlet Maintenance Dredging
Rudee Inlet Federal Dredging
Total Transfer To:
Beach Profile Monitoring Program
Various Minor Dredging Projects
Rudee Inlet Infrastructure Improvements
Total Transfers From:
Cultural and Recreational Opportunities
Virginia Aquarium Animal Care Annex
Virginia Aquarium Original Exhibit Gallery Renovation
Total Transfers To:
Appropriations
Prior to
FY 2006-2007
250,000
200,000
892
323
50,000
300,000
16,170
6,899
180,639
199,383
35,000
75,000
17,500
$2,275,612
$152,865
163,750
118,000
$434,615
$152,865
118,000
163,750
$434,615
$128,139
50,105
57,613
$235,857
$49,513
128,731
57,613
$235,857
$821,145
1,666,676
$2,487,821
Projects
Transfer From:
3.041
Attachment C - Transfers
Virginia Aquarium Elevated Pedestrian Crosswalk
Parks and Recreation Proiects
Transfer To:
4.004
4.019
4.959
Transfer From:
4.004
4.019
4.959
Schools Proiects
Transfer To:
1.098
Transfer From:
1.073
Total Transfers From:
Open Space Program Site Acquisition (Revenue Reduction)
New Princess Anne District Park Athletics Complex (Revenue Reduction)
Golf Course Infrastructure and Equipment - Phase I (Revenue Reduction)
Total Transfer To:
Open Space Program Site Acquisition
New Princess Anne District Park Athletics Complex
Golf Course Infrastructure and Equipment - Phase I
Qualitv Education and Lifelona Learnina
Comprehensive Long Range Facilities Planning Study
Comprehensive Modernization Study - Phase IV
Total Transfer From:
Total Transfer To:
Total Transfer From:
Appropriations
Prior to
FY 2006-2007
$2,487,821
$2,487,821
$4,250,000
1,591
94,234
$4,345,825
$4,250,000
1,591
94,234
$4,345,825
$550,000
$550,000
$550,000
$550,000
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF
3 THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $63,800,000 FOR VARIOUS PUBLIC FACILITIES
5 AND GENERAL IMPROVEMENTS
6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of
7 general obligation public improvement bonds for various purposes in the maximum amount of $63,800,000, as
8 permitted by the City Charter, without submitting the question of their issuance to the qualified voters.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA:
11
1.
That it is hereby determined to be necessary and expedient for the City to construct and
12 improve various public facilities and make general improvements, all of which will promote the public welfare of the
13 City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to
14 finance the costs thereof through the borrowing of up to $63,800,000 and issuing the City's general obligation bonds
15 therefor.
16
2.
That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby
17 authorized to be issued general obligation pUbli6 improvement bonds of the City in the maximum amount of
18 $63,800,000, to provide funds, together with other funds that may be available, for various public improvement
19 projects, including School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects,
20 for project activities that include, but are not limited to, the following: preliminary studies and surveys, permit
21 com pliance, environmental assessment, planning, design, engineering, site acquisition, relocation of residents, utility
22 relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services,
23 inspection and support services, furniture and equipment, and contingencies.
24
3.
That the bonds may be issued as a separate issue at one time or in part from time to time
25 or combined with bonds authorized for other purposes and sold as part of one or more combined issues of public
26 improvement bonds.
27
4.
That the bonds shall bear such date or dates, mature at such time or times not exceeding
28 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be
29 sold at such time or times and in such manner as tile Council may hereafter provide by appropriate resolution or
30 resolutions.
31
5.
That the bonds shall be general obligations of the City for the payment of the principal,
32 premium, if any, and interest on which its full faith and credit shall be irrevocably pledged.
33
6.
That the City Clerk is directed to make a copy of this ordinance continuously available for
34 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption
35 hereof through the date of the issuance of the Bonds.
36
7.
That the City Clerk, in collaboration with the City Attorney, is authorized and directed to
37 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
38
8.
That this ordinance shall be in full force and effective from its passage.
39
Adopted by the Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
40
Adoption requires the affirmative vote of two-thirds of all members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~~~~e; ~
,Jamu. r!;!lh -
City Attorney's 0 ce
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM
2 WATER UTILITY SYSTEM REVENUE BONDS OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT
4 OF $2,510,000
5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water
6 utility system revenue bonds in the maximum amount of $2,51 0,000 for financing improvements and expansions to
7 the City's storm water utility system (the "System "), as perm itted by the City Charter without su bm itting the question
8 of their issuance to the qualified voters.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA:
11 1. That it is hereby determined to be necessary and expedient for the City to continue its program of
12 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will
13 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through
14 the borrowing of $2,510,000 and issuing the City's revenue bonds therefore.
15 2. That, pursuant to the City Charter and the Public Finance Act of 1991 , there are hereby authorized to be
16 issued storm water utility system revenue bonds of the City in the maximum amount of $2,51 0,000 to provide funds,
17 together with other available funds, for financing the costs of improvements and expansions to the System.
18 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from
19 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time
20 or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
21 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited
22 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the
23 City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds
24 shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the
25 Commonwealth of Virginia or of any county, city, town, or other political subdivision of the Commonwealth, including
26 the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be
27 contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or
28 contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy
29 and collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the
30 payment of the principal of and premium, if any, and interest on the bonds.
31 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the
32 issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix,
33 charge, and collect such rates, fees, and other charges for the use of and the services furnished by the System and
34 to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to
35 pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of
36 safety therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and
37 other terms as are customary for the protection of the holders of storm water revenue obligations.
38 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by
39 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through
40 the date of the issuance of the bonds.
41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediatelyfile a
42 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
43 8. That this ordinance shall be in full force and effect from its passage.
44 Adopted by the Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
45 Adoption requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~~eSce~
, /airo '1:tf A--
City Attorney's ffice
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND
2 SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $18,950,465
4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and
5 sewer system revenue bonds in the maximum amount of $18,950,465 for financing improvements and
6 expansions to the City's water and sewer system (the "System"), as permitted by the City Charter without
7 submitting the question of their issuance to the qualified voters.
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
1.
That it is hereby determined to be necessary and expedient for the City to continue its program of
11 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will
12 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof
13 through the borrowing of $18,950,465 and issuing the City's revenue bonds therefore.
14
2.
That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized
15 to be issued water and sewer system revenue bonds of the City in the maximum amount of $18,950,465 to
16 provide funds, together with other available funds, for financing the costs of improvements and expansions to the
17 System.
18
3.
That the bonds shall bear such date or dates, mature at such time or times not exceeding 40
19 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be
20 sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or
21 resolutions.
22
4.
That the System is an undertaking from which the City may derive a revenue. The bonds shall be
23 limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues
24 derived by the City from the System, and shall not be included within the otherwise authorized indebtedness of
25 the City. The bonds shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and
26 credit of, the Commonwealth of Virginia or of any country, city, town, or other political subdivision of the
27 Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, conditions,
28 and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not
29 directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the
30 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the
31 revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds.
32
5.
That such resolutions to be adopted and agreements to be entered into hereafter authorizing the
33 issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to
34 fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the
35 System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient
36 net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to
37 provide a margin of safety therefor. Such resolutions and agreements shall also include such additional
38 covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer
39 revenue obligations.
40
6.
That the City Clerk is directed to make a copy of this ordinance continuously available for
41 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption
42 hereof through the date of the issuance of the bonds.
43
7.
That the City Clerk, in collaboration with the City Attorney, is authorized and directed to
44 immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
45
8.
That this ordinance shall be in full force and effect from its passage.
46
Adopted by the Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
47
Adoption requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT
~a8S~iC~S~
APPROVED AS TO LEGAL SUFFICIENCY
.}Pm.g ~
CilY Attorney's ice
- 30 -
Item V-J.2e.
RESOLUTION
ITEM # 55180
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution AUTHORIZING the City Manager to use EXCESS FY2005-
06 Fund Balance from the General Fund for selected capital projects
Voting: 10-1
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
May 9, 2006
A RESOLUTION DIRECTING THE CITY MANAGER TO PLAN
FOR THE USE OF EXCESS FY 2005-06 FUND BALANCE
FROM THE GENERAL FUND FOR SELECTED CAPITAL
PROJECTS
WHEREAS, during the during the FY 2006-07/FY 2007-08 Resource Management Plan process, five
important capital projects were identified that the City of Virginia Beach City Council would like to address if sufficient
fund balance from the General Fund is available at the end of FY 2005-06.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the following five capital projects shall be funded before any other use is considered, if sufficient fund
balance from the General Fund is available after the close-out of the City's financial books:
1. Approximately $12,250,625 for Capital Project #2-208 Constitution Drive Extended for the
City's share of a cost participation agreement with a developer totaling $15,779,500.
2. Approximately $1,000,000 for Capital Project #2-731 Shore Drive Interim Safety
Improvements.
3. Approximately $2,972,821 for Capital Project #3-041 Virginia Aquarium Elevated
Pedestrian Crosswalk to complete the project;
4. Approximately $800,000 for Capital Project #4-044 Bayside Commons Community
Services Facility to provide 35% drawings; and
5. Approximately $4,100,000 for Capital Project #4-064 City Bikeways & Trails Plan
Improvements - Phase II.
Accepted by the Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~S~
~kvYl$1 Jie'
City Attorney's lice
- 31 -
Item v'J.
ORDINANCES/RESOLUTIONS
ITEM #55181
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Ordinances/Resolutions Items 3,4,5.6, la/b, 8. 9,10,11 and 12 of the CONSENT
AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan will vote a VERBAL NAY on Item J.4. (enforcement and penalties re parking
spaces reserved for persons with disabilities violations.
Councilman Reeve will vote a VERBAL NAY on Item J.II (TRANSFER $4-MILLION within the FY
2005-06 School Operating Budget)
May 9, 2006
- 32 -
Item v'J.3.
ORDINANCES/RESOLUTIONS
ITEM #55182
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND and REORDAIN 996-112 and 6-113 re
designation of channel lines and mooring or anchoring within marked
channels
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
1
2
3
AN ORDINANCE TO AMEND CITY CODE SECTIONS 6-112
AND 6-113 PERTAINING TO CHANNEL LINES AND
MOORING
4
SECTION AMENDED: ~~ 6-112 AND 6-113
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Sections 6-112 and 6-113 of the City Code are hereby
8 amended and reordained, to read as follows:
9 Sec. 6-112. Designation of channel lines; mooring or anchoring
10 within marked channels.
11
(a) The City Manager city manager is authorized to establish
12 channel lines in those waters within the city not so regulated by
13 any agency of the United States or the Conunonwealth common.v;ealth.
14 Areas so designated shall be marked with markers approved by state
15 or federal agencies having authority to give approval on request of
16 the City Manager city ffiunager.
17 (b) It shall be unlawful for any person, except in case of
18 emergency, to moor or anchor any boat or vessel or to obstruct or
19 impede the passage of any vessel within any marked channel in the
20 navigable waters of the city.
(c) A violation of this Section shall be punished by a fine
21
not to exceed $200, or by imprisonment not to exceed three months,
22
23
or both.
24
25
26
Sec. 6-113. Mooring or tying up to channel markers, buoys, bridges,
etc.
27 (a) It shall be unlawful for any person, except in case of
28 emergency, to moor or tie up any boat or vessel to designated
29 channel markers, buoys, navigational aids, bridges or bridge
30 abutments. This prohibition shall not apply to the Chesapeake Bay
31 Bridge or its islands or abutments.
32 (b) A violation of this Section shall be punished by a fine
33 not to exceed $200, or by imprisonment not to exceed three months,
34 or both.
35 Adopted by the City Council of the City of Virginia Beach,
36 Virginia, on this 9th day of May, 2006.
- 33 -
Item V.J.4.
ORDINANCES/RESOLUTIONS
ITEM #55183
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ADD 921-303.1 to the City Code for enforcement and
penalties re parking spaces reserved for persons with disabilities
violations
Voting:
10-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
May 9, 2006
1 AN ORDINANCE TO ADD SECTION 21-303.1 TO THE
2 CITY CODE PERTAINING TO PARKING IN SPACES
3 RESERVED FOR PERSONS WITH DISABILITIES
4 SECTION ADDED: ~ 21-303.1
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7
That Section 21-303.1 of the City Code is hereby added and
8 ordained, to read as follows:
Sec. 21-303.1
Parking in spaces reserved for persons
disabilities; enforcement and penalties
violations.
with
for
9
10
11
12
13
Pursuant to Virginia Code ~ 46.2-1313, all of the provisions
and requirements of Virginia Code ~ 46.2-1242, including, pursuant
14
to Virginia Code ~ 1-220, future amendments, are hereby adopted and
15
16 incorporated in this section by reference and made applicable
17 within the City. Such provisions and requirements are hereby
18 adopted and made a part of this section as fully as though set
19 forth at length herein, and it shall be unlawful for any person
20 within the City to violate or fail, neglect or refuse to comply
21 with Virginia Code ~ 46.2-1242.
Any change to this section
22 resulting from a future amendment to Virginia Code ~ 46.2-1242
23 shall become effective at the same time the state law amendment
24 becomes effective. All definitions of words and phrases contained
25 in Virginia Code ~ 46.2-100 shall apply to such words and phrases
26 when used in this section. In addition to the provisions contained
27 in Virginia Code ~ 46.2-1242, the following provisions also apply:
28
~ A summons or parking ticket for violation of the state
29 law that prohibits unauthorized parking in spaces reserved for
30 persons with disabilities may be issued by law-enforcement
31 officers, uniformed law-enforcement department employees, or
32 volunteers supervised by the Police Department, without the
33 necessity of a warrant's being obtained by the owner of any private
34 parking area.
35
~ When a notice or citation is attached to a vehicle found
36 parked in violation of this section, the owner of the vehicle may,
37 within fourteen (14) calendar days thereafter, pay to the city
38 treasurer, in satisfaction of such violation, a penalty of one
39 hundred fifty dollars ($150.00). Such payment shall constitute a
40 plea of guilty for the violation in question. If such payment is
41 not postmarked or received by the city treasurer within fourteen
42 (14) calendar days after receipt of such notice or violation, the
43 penalty shall be two hundred fifty dollars ($250.00). The failure
44 of any owner to make payment as prescribed above within thirty (30)
45 days shall render such owner, upon conviction of such violation,
46 subject to a fine of not less than one hundred dollars ($100) nor
47 more than five hundred dollars ($500.00).
48 Adopted by the City Council of the City of Virginia Beach,
49 Virginia, on this 9th day of May, 2006.
- 34 -
Item v'J.5.
ORDINANCES/RESOLUTIONS
ITEM #55184
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance AUTHORIZING the City Manager to execute a twelve-
month Lease with the C.B.M. Co. T/A SCHOONER INN to be used as
an overflow parking lot for registered guests at 108 Atlantic Avenue
(DISTRICT 6 - BEACH)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
1
2
3
4
5
6
7
8
9
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR LESS
THAN FIVE YEARS WITH THE C.B.M. CO., TIA
SCHOONER INN FOR 0.21 ACRE OF CITY
OWNED LAND LOCATED NEAR 3RD STREET AND
ATLANTIC AVENUE, BEING A PART OF THE
PARCEL LOCATED AT 108 ATLANTIC AVENUE
IN THE CITY OF VIRGINIA BEACH
10
WHEREAS, the City of Virginia Beach ("the City") is the owner of .21 acre of land
located near 3rd Street and Atlantic Avenue, being a part of the parcel located at 108 Atlantic
11
12
Avenue in Virginia Beach, Virginia (the "Premises");
13
WHEREAS, CBM Company, t/a Schooner Inn ("Schooner Inn") would like to
14
enter into a formal lease arrangement with the City for the Premises shown on Exhibit
15
A-
,
16
WHEREAS, the Premises will be utilized as an overflow parking lot for the
17
registered guests of the Schooner Inn and for no other purpose;
18
WHEREAS, Schooner Inn has agreed to pay the City $25,200.00, payable either
19
in a lump sum or in equal monthly payments of $2,100 for the use of this property for a
20
twelve-month period;
21
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
22
23
That the City Manager is hereby authorized to execute a lease for a term of less
24
than five (5) years between Schooner Inn and the City, for the Premises in accordance
25
with the Summary of Terms attached hereto and such other terms, conditions or
26
modifications as may be satisfactory to the City Attorney and the City Manager.
27
Adopted by the Council of the City of Virginia Beach, Virginia on the 9th
28 day of May
,2006.
APPROVED AS TO LEGAL
SUFFICIENCY D FORM
APPROVED AS TO CONTENT
p.
Sign~U 7
M4n'11~-<--..f 5&'(Zv;a'> lIAr:: t.h> r-1.~1
Department (
CA-9873
X:\OID\REAL EST A TE\LEASES\Dolphin Run & Schooner Inn\Schooner Inn 2006\Schooner Inn Ordinance 2006.DOC
R-1
April 27,2006
~
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EXHIB IT A
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LOCATION MAP
SHOWING PROPERTY TO BE LEASED TO
THE C.B.M. CO. T/A SCHOONER INN
200
I
Prepared by PW./Eng.lEng. Support Services Bureau 3/31/06
X:\Projects\ARC Files\Agenda Maps\DeWitt Property.mxd
SUMMARY OF TERMS
LEASE FOR THE USE OF .21 ACRE OF
CITY REAL PROPERTY
LESSOR: City of Virginia Beach
LESSEE: C.B.M. Co. t/a Schooner Inn
PREMISES: Approximately .21 acre of City property located near 3rd Street and Atlantic
A venue, being a part of the parcel located at 108 Atlantic Avenue in the City of
Virginia Beach.
TERM: May 1,2006 through Apri130, 2007
RENT: Rent shall be $25,200, payable either in a lump sum or in equal monthly
installments of $2, 100.
RIGHTS AND RESPONSIBILITIES OF
SCHOONER INN:
. Will use the Premises for overflow parking for its guests and for no other purpose.
· Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
. Will maintain commercial general liability insurance coverage with policy limits of not
less than one million dollars ($l ,000,000) combined single limits per occurrence, issued
by an insurance company licensed to conduct the business of insurance in Virginia. Such
insurance shall name the City of Virginia Beach as an additional insured. Lessee shall
provide a certificate evidencing the existence of such insurance.
· Will maintain Automobile Liability Insurance including coverage for non-owned and
hired vehicles in an amount not less than five hundred thousand dollars ($500,000)
combined single limits per occurrence, issued by an insurance company licensed to
conduct the business of insurance in Virginia. Licensee shall provide a certificate
evidencing the existence of such insurance.
· Will assume the entire responsibility and liability for any and all damages to persons or
property caused by any act or omission of the Lessee or its agents, etc. associated with
the use of the Premises.
· Will comply with all applicable laws, ordinances, and regulations in the performance of
its obligations under the Lease.
RIGHTS AND RESPONSIBILITIES OF
THE CITY:
· Will have access to the premises at any time, without p~ior notice, in the event of an
emergency.
· Will have the right to require Schooner Inn to surrender possession and control of the
Premises to the City upon forty-eight (48) hours notice in the discharge of its powers,
purposes, or responsibilities.
· Will have the right to grant easements and rights of way across the Premises for streets,
alleys, public highways, drainage, and other similar purposes.
TERMINATION: The City may terminate the Lease upon providing thirty (30) days
written notice to Schooner Inn.
X:\OID\REAL ESTATE\LEASES\Dolphin Run & Schoullcr Inn\SchooJlcr Ill1l2006\SCHOONER INN.SUMMARY OF TERMS 2(X)(),duc
- 35 -
Item v'J. 6.
ORDINANCES/RESOLUTIONS
ITEM #55185
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance AUTHORIZING the Sheriff to reimburse $1,500 to a Deputy
for legal fees and expenses incurred during defense of a criminal charge
resulting from the performance of official duties from the Sheriff's office
FY 2005-06 Operating Budget.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
AN ORDINANCE AUTHORIZING THE
REIMBURSEMENT OF LEGAL FEES AND
EXPENSES INCURRED BY A SHERIFF'S
DEPUTY IN DEFENDING A CRIMINAL
CHARGE THAT RESULTED FROM THE
PERFORMATNCE OF HER DUTIES AND WAS
DISMISSED BY THE COURT
WHEREAS, a Virginia Beach sheriff's deputy was charged
with assault and battery for actions resulting from the performance
of her official duties;
WHEREAS, at a trial held in the Virginia Beach General
District Court, the charge against the officer was dismissed;
WHEREAS, in the defense of said charge; the officer
incurred legal fees and expenses in the amount of $1,500.00, and
has requested the City to reimburse her for such fees and expenses;
WHEREAS, Section 15.2-1171 of the Code of Virginia
provides that
"(ilf any law-enforcement officer shall be
investigated, arrested or indicted or otherwise prosecuted on any
criminal charge arising out of any act committed in the discharge
of his official duties, and no charges are brought, the charge is
subsequently dismissed or upon trial he is found not guilty, the
governing body of the jurisdiction wherein he is appointed may
reimburse such officer for reasonable legal fees and expenses
incurred by him in defense of such investigation or charge";
WHEREAS, the City Attorney's Office has reviewed the
circumstances of this case, assessed the itemized bill submitted by
the officer's legal counsel, and determined that the legal fees and
expenses incurred by the officer are reasonable.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Sheriff is hereby authorized to expend funds in
the amount of $1,500.00 from the FY 2005-06 Operating Budget of the
Sheriff's Office for the purpose of reimbursing a sheriff's deputy
for legal fees and expenses incurred by her in her defense of a
criminal charge brought against her that resulted from the
performance of her official duties.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
9th
day of May
, 2006.
CA-10027
H/GG/ordres/sheriff.legalfees06.ord.doc
R-3
May 2, 2006
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~fice-
~'--", -~
She lff's Offic
2
- 36 -
Item v.J. 7.a.
ORDINANCES/RESOLUTIONS
ITEM #55186
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE temporary encroachments into:
City's right-ofway at Cypress Avenue (aka 416 Caspian Avenue) by
CHRISTOPHER A. and KALLI T. SCAGLIONE to construct and
maintain riprap and a pier (DISTRICT 6 - BEACH)
The following conditions shall be required:
1. The temporary encroachment shall be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City of Virginia Beach
and in accordance with the City's specifications and approval.
2. The temporary encroachment shall terminate upon notice by the City to the
applicant and, within thirty (30) days after such notice is given, the temporary
encroachment must be removed from the encroachment area by the applicant
and the applicant will bear all costs and expenses of such removal.
3. The applicant 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.
4. 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
applicant.
5. The applicant agrees to maintain the temporary encroachment so as not to
become unsightly or a hazard.
6. The applicant must obtain a permit from the Office of the Planning Department
prior to commencing any construction within the encroachment area.
7. Prior to issuance of a right-ofway permit, the applicant must post a bond or
other security in accordance with the engineer's cost estimate to the Office of the
Planning Department.
8. The applicant 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 insured or loss payee, as
applicable. The applicant agrees to carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand Dollars
($500,000), combined single limits of such insurance policy or policies. The
applicant 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 applicant assumes all responsibilities and
liabilities, vested or contingent, with relation to the temporary encroachment.
May 9, 2006
- 37 -
Item v.J. 7.a.
ORDINANCES/RESOLUTIONS
ITEM #55186 (Continued)
9. The applicant shall submit for review and approval a survey of the area being
encroached upon, certified by a registered professional engineer or a licensed
land surveyor and/or "as built" plans of the temporary encroachment, sealed by
a registered professional engineer, ifrequired by the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
10. The temporary encroachment must conform to the minimum setback
requirements, as established by the City.
11. The City, upon revocation of such authority and permission so granted, may
remove the temporary encroachment and charge the cost thereof to the applicant
and collect the cost in any manner provided by law for the collection of local or
state taxes; may require the applicant to remove such temporary encroachment;
and, pending such removal, the City may charge the applicant for the use of such
portion of the City's right-ol-way encroached upon the equivalent of what would
be the real property tax upon the land so occupied if it were occupied by the
applicant; and if such removal shall not be made within the time ordered herein
above, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such temporary encroachment is
allowed to continue thereafter; and, shall collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
1 Requested by Department ot Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF AN UNIMPROVED
6 CITY RIGHT-OF-WAY KNOWN AS
7 CYPRESS AVENUE (A/K/A CASPIAN
8 AVENUE) BY CHRISTOPHER A.
9 SCAGLIONE AND KALLI 1.
10 SCAGLIONE, THEIRS HEIRS,
11 ASSIGNS AND SUCCESSORS IN
12 TITLE
13
14 WHEREAS, Christopher A. Scaglione and Kalli 1. Scaglione desire to construct
15 and maintain riprap and a pier within the City's unimproved right-ot-way known as
16 Cypress Avenue (A/K/A Caspian Avenue).
17 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107,
18 Code ot Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's right-ot-way subject to such terms and conditions as Council may prescribe.
20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 That pursuant to the authority and to the extent thereot contained in ~~ 15.2-
23 2009 and 15.2-2107, Code ot Virginia, 1950, as amended, Christopher A. Scaglione
24 and Kalli T. Scaglione, their heirs, assigns and successors in title are authorized to
25 construct and maintain a temporary encroachment tor riprap and a pier in the City's
26 unimproved right-ot-way as shown on the map marked Exhibit "A" and entitled:
27 "PROPOSED ENCROACHMENT PROPOSED RIPRAP AND PRIVATE PIER FOR
28 CHRISTOPHER A. AND KALLI T. SCAGLIONE LOT 2, BLOCK 44, SHADOWLAWN
29 HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (M.B. 7 PG. 14) DATE: JANUARY
30 5, 2005," a copy of which is on file in the Department of Public Works and to which
31 reference is made for a more particular description; and
32 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
33 subject to those terms, conditions and criteria contained in the Agreement between the
34 City of Virginia Beach and Christopher A. Scaglione and Kalli 1. Scaglione (the
35 "Agreement"), which is attached hereto and incorporated by reference; and
36 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
37 is hereby authorized to execute the Agreement; and
38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
39 time as Christopher A. Scaglione and Kalli 1. Scaglione, and the City Manager or his
40 authorized designee execute the Agreement.
41 Adopted by the Council of the City of Virginia Beach, Virginia, on the
42
9th day of Mav
,2006.
43
44 PROVED AS TO CONTENTS
45 C.,....
46 NATURE
47 PW 1> uJ C61CiJi
48 DEPARTMENT
49
50 APPROVED AS TO LEGAL
51 SUFFICIENCY AND FORM
52 l1Atla a.~
53 CITY AtTORNEY
54
55 CA-9532
56 PREPARED: 4/12/06
57
58 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA9532 Scaglione.doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 27th day of September, 2005, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
CHRISTOPHER A. SCAGLIONE AND KALLI T. SCAGLIONE, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot 2, in Block 44, as shown on that certain plat entitled: "MAP
OF SHADOW LAWN HEIGHTS" (Map Book 7, Page 14) and being further designated and
described as 416 Caspian Avenue, Virginia Beach, Virginia 23451
WHEREAS, it is proposed by the Grantee to construct and maintain riprap and a
pier, "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 unimproved right of way known
as Cypress Avenue (A/K/A Caspian Avenue) "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN: NO GPIN ASSIGNED TO RIGHT OF WAY
GPIN 2427-02-3289
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 Commonwealth 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: "PROPOSED
ENCROACHMENT PROPOSED RIPRAP AND PRIVATE PIER
FOR CHRISTOPHER A. and KALLI T. SCAGLIONE LOT 2,
BLOCK 44, SHADOWLA WN HEIGHTS BEACH DISTRICT
VIRGINIA BEACH, VA (M.B. 7, PG. 14) DATE: JANUARY 5,
2005)," 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.
2
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 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 a bond or other security, in accordance with their engineer's
cost estimate, to the Office of 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.
3
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utili tie s Department.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
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 thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
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, Christopher A. Scaglione and Kalli T. Scaglione, the
said Grantee has caused this Agreement to be executed by their signature. Further, that the City
of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
4
CITY OF VIRGINIA BEACH
By
City Managerl Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
CM....Q.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, 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 instrument was acknowledged before me this
day of
, 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
5
Notary Public
My Commission Expires:
STATE OF
CITY/GOUNTv-GFV, ~ (lU (-L~G1.b to-wit:
. +~
The foregoing instrument was acknowledged before me this ;). '1 day of
~005, hy Christopher A. SCagl~... SCI~e. .' ~
1-1... ~Ct...).J'"'l.-:1__
Notary Public
My Commission Expires: My Commission Expires January 31. 2OOf>
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~mf-!; C. ~k
S GNATURE
P to RuJ' E ltJa"t
DEPARTMENT
lli~ q.~
X:\Projects\Encroachments\Applicants\Scaglione, Chris Caspian Ave - RB\Agreement Encroachment.Frm.doc
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@ 2004 WATERFRONT CONSUL TlNG, INC. ALL RIGHTS RESERV O.
WATERFRONT
CONSULTING, INC
1112 JENSEN DRIVE, STE. 206
VIRGINIA BEACH, VA 23451
PH: (757) 425-8244 FAX: (757) 31.3-9788
ENGINEERING SERVICES PROVIDED BY:
SEA DE~GN SER~CES 757-467-7486
PROPOSED ENCROACHMENT
PROPOSED RIPRAP AND PRIVA TE PIER
FOR
CHRISTOPHER A. and KALLI T. SCAGLIONE
LOT 2, BLOCK 44, SHADOWLAWN HEIGHTS
BEACH DISTRICT VIRGINIA BEACH, VA
(M.B. 7 PG. 14) DA TE: JANUARY 5, 2005
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SEPT. 2005
- 38 -
Item v'J. 7.b.
ORDINANCES/RESOLUTIONS
ITEM #55187
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into:
Bass Inlet East (adjacent to 2841 Sandpiper Road) by ANDERS
HELLSTROM to construct and maintain a boat dock (DISTRICT 7 -
PRINCESS ANNE)
The following conditions shall be required:
1. The temporary encroachment shall be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City of Virginia Beach
and in accordance with the City's specifications and approval.
2. The temporary encroachment shall terminate upon notice by the City to the
applicant and, within thirty (30) days after such notice is given, the temporary
encroachment must be removed from the encroachment area by the applicant
and the applicant will bear all costs and expenses of such removal.
3. The applicant 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.
4. 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
applicant.
5. The applicant agrees to maintain the temporary encroachment so as not to
become unsightly or a hazard.
6. The applicant must obtain a permit from the Office of the Planning Department
prior to commencing any construction within the encroachment area.
7. The applicant 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 insured or loss payee, as
applicable. The applicant agrees to carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand Dollars
($500,000), combined single limits of such insurance policy or policies. The
applicant 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 applicant assumes all responsibilities and
liabilities, vested or contingent, with relation to the temporary encroachment.
May 9, 2006
- 39 -
Item v'J. 7.b.
ORDINANCES/RESOLUTIONS
ITEM #55187 (Continued)
8. The City, upon revocation of such authority and permission so granted, may
remove the temporary encroachment and charge the cost thereof to the applicant
and collect the cost in any manner provided by law for the collection of local or
state taxes; may require the applicant to remove such temporary encroachment;
and, pending such removal, the City may charge the applicant for the use of such
portion of the City's right-of-way encroached upon the equivalent of what would
be the real property tax upon the land so occupied if it were occupied by the
applicant; and if such removal shall not be made within the time ordered herein
above, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such temporary encroachment is
allowed to continue thereafter; and, shall collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO A
5 PORTION OF CITY PROPERTY
6 KNOWN AS BASS INLET EAST
7 LOCATED AT 2841 SANDPIPER
8 ROAD BY ANDERS HELLSTROM, HIS
9 HEIRS, ASSIGNS AND SUCCESSORS
10 IN TITLE
11
12 WHEREAS, Anders Hellstrom desires to construct and maintain
13 a boat dock within the City property being known as Bass Inlet
14 East and located adjacent to 2841 Sandpiper Road
15
WHEREAS, City Council is authorized pursuant to ~ ~ 15.2-
16 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
17 authorize temporary encroachments upon the City's property
18 subject to such terms and conditions as Council may prescribe.
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
That pursuant to the authority and to the extent thereof
22 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
23 as amended, Anders Hellstrom, his heirs, assigns and successors
24 ~n title are authorized to construct and maintain a temporary
25 encroachment for a boat dock in the City's property as shown on
26 the map marked Exhibit A and entitled: "PROPOSED ENCROACHMENT
27 FOR A BOAT DOCK IN BASS INLET EAST FOR ANDERS HELLSTROM," a copy
28 of which is on file in the Department of Public Works and to
29 which reference is made for a more particular description; and
30
BE IT FURTHER ORDAINED, that the temporary encroachment 1S
31
expressly subject to those terms,
conditions and criteria
32 contained in the Agreement between the City of Virginia Beach
33
and Anders Hellstrom
(the "Agreement"), which is attached
34 hereto and incorporated by reference; and
35
BE IT FURTHER ORDAINED, that the City Manager or his
-'0
authorized designee
is
hereby autllorized
to execute
the
37 Agreement; and
38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in
39 effect until such time as Anders Hellstrom and the City Manager
40 or his authorized designee execute the Agreement.
41 Adopted by the Council of the City of Virginia Beach,
42 Virginia,
on
the 9th
day
of May
2006.
CA - 9863
PREPARED: 2/27/06
APPROVED AS TO CONTENTS
Cv,rml( C. ~~ \\'D
~URE
pJJ.U'( Wodr Rrd rsJdt
DEPARTMENT
C
X: I OlD I REAL ESTATEIEncroachmentslPW OrdinanceslCA9863 Hellstrom.doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA TION TAXES
UNDER SECTION 58.1-8II(e) (4)
THIS AGREEMENT, made this 24th day of February, 2006, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
ANDERS HELLSTROM, HIS HEIRS, ASSIGNS and SUCCESSORS IN TITLE, "Grantee",
even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "33", as shown on that plat entitled: "TRACT B-
SECTION 3, SANDBRIDGE BEACH", said plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 51, at Page 25 and being further
designated and described as 2841 Sandpiper Road, Virginia Beach, Virginia 23456-4432;
WHEREAS, it is proposed by the Grantee to construct and maintain a proposed
boat dock, "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 City Property known as Bass Inlet East and
located adjacent to 2841 Sandpiper Road "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 2433-33-0237 (Bass Inlet East)
2433-35-1725
1
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 Commonwealth 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: "PROPOSED
ENCROACHMENT FOR A BOAT DOCK IN BASS INLET
EAST FOR ANDERS HELLSTROM", 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 ofthe 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
2
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 Planning Department prior to commencing any construction within The
Encroachment Area.
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 thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
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
3
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, Anders Hellstrom, the said Grantee, has caused this
Agreement to be executed by his signature. Further" that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Managerl Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
c~'.'c
Anders Hellstrom
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by
, CITY MANAGER! AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
g::~~~~/lI6'gtJl!lIto-wit:
The foregoing instrument was acknowledged before me thiS~'~ day of
~4Rr- ,2006, by Anders Hellstrom. / /. ./;
!a4JPltl. ~.
Notary PublIc
My Commission Expires: ::;r-ft /2 cyif
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~
~~ C. ~'{Ik rYJ
~~~;~RE
11JJu/ ID~ {(Ed EsilItt
DEPARTMENT
5
ENCROACHMENT:
PROPOSED DOCK
ENCROACHMENT 15 17.5'
FROM PROPERlY LINE
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EXHIBIT "A"
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TOE OF"
SLOPE
121
--.. - -
TOP OF"
BANK
10' DRAINAGE
EASEMENT
- BASS !NLET EAST-
~,.,
<;,~
-- EBB-:l
c..FLOOD_
- PROPOSED
8'X16' DOCK
Ill!
5 10'48 00 E 90.00'
---~
.".. :
-----------
QUITCLAIM DEED,
DATED 01/13/05,
GPIN: 2433 35 1725
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GPIN: 243335 1725
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SITE PLAN
SCALE: 1"=20'
PROPOSED ENCROACHMENT FOR A BOAT DOCK IN
I BASS INLET EAST FOR ANDERS HELLSTROM
I
PROJECT LOCATION:
2841 SANDPIPER RD
VA BEACH, VA 23456
DATE: 02/03/05
South side neighbors new deck
Proposed encroachment location
North opposite ban1e comparables
- 40-
Item v'J.8.
ORDINANCES/RESOLUTIONS
ITEM #55188
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to APPROPRIATE $49,185 in estimated revenue from the
State Compensation Board to the Commonwealth's Attorney's FY 2005-
06 Operating Budget re purchase of equipment and various other
expenses
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
1 AN ORDINANCE TO APPROPRIATE $49,185 IN
2 ESTIMATED REVENUE FROM THE STATE COMPENSATION
3 BOARD TO THE COMMONWEALTH'S ATTORNEY'S FY
4 2005-06 OPERATING BUDGET FOR THE PURCHASE OF
5 EQUIPMENT AND PAYMENT OF STATE BAR DUES
6 WHEREAS, The State Compensation Board is expected to approve
7 reimbursement in excess of the FY 2005-06 anticipated revenue.
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
1.
That $49,185 in estimated revenue from the State
11 Compensation Board is hereby appropriated to the Commonwealth's
12 Attorney's FY 2005-06 Operating Budget for the purchase of
13 equipment and payment of State Bar dues.
14
2 .
That estimated revenue in the FY 2005-06 Operating Budget
15
from the State Compensation Board is hereby increased by $49,185.
16
17
18
19
20
21
Requires an affirmative vote by a majority of the members of
the City Council.
Adopted by
Virginia, on the
the
9th
Council
day of
of the
May
City
of Virginia
, 2006.
Beach,
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
1j.~Cl,
, b ~ f 4iA-
City Attorney's Offi~e
CAI0021
X:\PA\GG\OrdRes\Commonwealth
R-3
May 1, 2006
Atty Equip ORD
- 41 -
Item v'J.9.
ORDINANCES/RESOLUTIONS
ITEM #55189
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $80,000 from West Neck
Properties, Inc. (Eagles Nest) to Capital Improvement Project (CIP)
"Open Space Program Site Acquisition, " re acquiring land for open
space consistent with the Outdoors Plan.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE $80,000
FROM WEST NECK PROPERTIES, INC. TO CAPITAL
PROJECT #4-004, ~OPEN SPACE PROGRAM SITE
ACQUISITION," FOR ACQUIRING LAND FOR OPEN
SPACE CONSISTENT WITH THE OUTDOORS PLAN
6
WHEREAS, the developer of the Eagle's Nest subdivision, West
7 Neck Properties, Inc., has submitted $80,000 to the City in
8 accordance with proffers required by the approval of a conditional
9 rezoning by the City Council on March 25, 2003.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12 That $80,000 is hereby accepted from West Neck Properties,
13 Inc. and appropriated to the FY 2005-06 Capital Improvement Budget,
14 Project #4-004, ~Open Space Program Site Acquisition," for
15 acquiring land for open space, with revenue from local sources
16 increased accordingly.
17 Requires an affirmative vote by a majority of the members of
18 the Ci ty Council.
19
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the qt-h day of ]'o'Icy , 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Management
, b t K,Ji1M
City Attorney's fflce
~~u,
CAI0022
X:\PA\GG\OrdRes\Eagles
R-l
April 25, 2006
Nest ORD
- 42-
Item v'J.10.
ORDINANCES/RESOLUTIONS
ITEM #55190
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $31,000 from Kemp
Fussell, L.L.C. (Bernard Farms) to the Capital Improvement Project
(CIP), "Park Playground Renovations - Phase II," to subsidize
renovations to Landstown Meadows Neighborhood Park
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $31,000
2 FROM KEMP FUSSELL, L.L.C. TO CAPITAL PROJECT
3 #4-024, "PARK PLAYGROUND RENOVATIONS - PHASE
4 II, II TO SUBSIDIZE RENOVATIONS TO LANDSTOWN
5 MEADOWS NEIGHBORHOOD PARK
6 WHEREAS, the developer of the Bernard Farms subdivision, Kemp
7 Fussell, L.L.C., has submitted $31,000 to the City in accordance
8 with proffers required by the approval of a conditional rezoning by
9 the City Council on May 13, 2003.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12 That $31,000 is hereby accepted from Kemp Fussell, L.L.C., and
13 appropriated to the FY 2005-06 Capital Improvement Budget, Project
14 #4-024, "Park Playground Renovations - Phase II, II to subsidize
15 renovations to the Landstown Meadows Neighborhood Park, with
16 revenue from local sources increased accordingly.
17 Requires an affirmative vote by a majority of the members of
18 the Ci ty Council.
19 Adopted by the Council of the City of Virginia Beach,
20 Virginia, on the 9th day of May , 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
B~ Q, I:)~
Management serViC~
JaA~ !. K .J~
City Attorney's 6ffice
CAI0023
X:\PA\GG\OrdRes\Landstown Meadows Park ORD
R-2
April 28, 2006
- 43 -
Item v'J.ll.
ORDINANCES/RESOLUTIONS
ITEM #55191
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to TRANSFER $4,000,000 within the FY 2005-06 School
Board Operating Budget:
a. $1,090,000 from Instruction to Transportation
b. $2,500,000 from Instruction to Operations and Maintenance
c. $ 410,000 from Administration, Attendance and Health to Operations and
Maintenance
Voting:
10-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Jim Reeve
Council Members Absent:
None
May 9, 2006
1
2
3
4
AN ORDINANCE TO APPROVE THE
TRANSFER OF $4,000,000 WITHIN THE
FY 2005-06 SCHOOL BOARD OPERATING
BUDGET
5
WHEREAS, by resolution dated April 18, 2006, the School
6 Board has adopted a resolution recommending the transfer of
7 funds from the Instruction category to the Transportation
8 category and the Operations and Maintenance category, and from
9
the Administration,
Attendance & Health category to
the
10
Operations
and
Maintenance
category
to
purchase
needed
11 materials, services, and equipment.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14
That the School Board's transfer of $4,000,000 wi thin the
15
FY 2005-06
School Board Operating Budget,
consisting of
16 $1,090,000 from the Instruction category to the Transportation
17
category,
$2,500,000 from the Instruction category to the
18 Operations and Maintenance category, and $410,000 from the
19 Administration, Attendance & Health category to the Operations
20 and Maintenance category, is hereby approved.
21
Adopted by the Council of the City of Virginia Beach,
22 Virginia, on this gth day of May
, 2006.
23
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
nwu,
0affwf C K +iJ^
City Attorney's 0 fice
CA10020
X:\PA\GG\OrdRes\School Bd Budget ORD
R-l
April 24, 2006
+IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
Daniel D. Edward,
Chairman
District 1 - Cenlerville
1513 Bea:hview Drive
VA Beach, VA 23464
495-3551 (h) . 717-0259 (cell)
Sandn SmIth..,
VIce Ch.lnnln
Districl2 - Kempsville
705 Rock Cteek Court
VA Beach. VA 23462
490-8167 (h)
Rill Sweet Bellltto
At-Large
P.O. Box 6<<8
VA Beach, VA 23456
418-0960 (h)
J.n, S. Brook,
Disbict6 - Beach
721 Hilltop Road
VA Beach. VA 23.454
425-1597 (h)
Emma L "Em" Davia
DistrictS - Lynnhaven
1125 Michaelwood Drive
VA Beach. VA 23452
34G-8911 (h)
Edward F. FI..lng.... Sr.
At.Large
412 Becton Place
VA Beach, VA 23452
486-4567 (h)
Dan R. Low.
District 4 - Bayside
4617 Red Coat Road
VA Beach, VA 23455
490-3681 (h)
MIchHl W. Stew.rt
District 3 - Rose Hall
105 Brentwood Court
VA Beach. VA 23452
49a..4303 (h) . 445-4637 (w)
AlthurT. Tate
At-Large
1709 Ladysmllt1 Mews
VA Beach, VA 23455
460-5451 (h)
CIFOIyn D. W.ama
At.Large
1420 Oaudia Drive
VA Beach, VA 23455
464-6674 (h)
Lola S. Wlllama, Ph.D.
District 7 - Princess Anne
2532 Las Corrales Court
VA Beach, VA 23456
816-6107 (cell) .961-3734 (w)
SUPERINTENDENT
SbeiI. S, IIgul., Ed.D.
2512 George Mason Drive
VA Beach, VA 23456
263-1007
RESOLUTION REGARDING FY 2005/06 SPENDING PLAN AND REQUEST FOR CATEGORICAL
TRANSFER
WHEREAS, on April 4, 2006, the Administration presented to the School Board a mid-year review of the FY
05/06 Operating BUdget which indicated that approximately $8,484,296 million of $616,091,767 or 1.38% of
the FY 05/06 appropriated funds were available; and
WHEREAS, on April 4, 2006, the Administration made recommendations regarding the uses of the FY 05/06
available funds; and
WHEREAS, the Administration recommends that the $8.48 million be allocated as follows:
. $2,000,000 for School Plant general maintenance and repair
. $1,700,000 for replacement of copiers in elementary. middle. and high schools
. $1,500,000 for the Bus Replacement cycle
. $1,500,000 for Distance Leaming labs in two additional middle schools
. $1,200,000 for the Instructional Technology Replacement Cycle
. $ 500,000 for vehicle replacement; and
WHEREAS, the Board approves and affirms the recommended uses of the FY 2005/2006 Operating funds as
presented by the Administration; and
WHEREAS. categorical transfers are necessary to facilitate some of these purchases; and
WHEREAS, any transfer of funds between categories must be approved by City Council prior to transfer and
expenditure of fund by the School Board.
NOW, THEREFORE, BE IT
RESOLVED: That the Board approves and affirms the recommended uses and directs the Administration
to proceed with expending/encumbering/transferring items that do not require a categorical transfer, and be it
FURTHER RESOLVED: That the Board requests the City Council to approve categorical transfers as
follows:
. $1,090,000 from Instruction to Transportation
. $2,500,000 from Instruction to Operations and Maintenance
. $ 410,000 from Administration, Attendance & Health to Operations and Maintenance
and be it
FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and
the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City
Council, the City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 18th day of April 2qp6
~ID~d d 'E.LuJCh -- a#JJj'
anle . wa~ s, airman ..'
SEA L
Attest:
~fOJ.w~
Dianne P. Alexander, Clerk of the Board
School Administration Building · 2S 12 George Mason Drive · P.O. Box 6038 · Virginia Beach. VA 23456-0038
- 44-
Item v'J.12.
ORDINANCES/RESOLUTIONS
ITEM #55192
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution ESTABLISHING the Green Ribbon Committee re
improvement of water quality in the City's waterways
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
1 A RESOLUTION ESTABLISHING THE GREEN
2 RIBBON COMMITTEE AND PROVIDING FOR ITS
3 MEMBERSHIP, DUTIES AND RELATED MATTERS
4
5
6
7 WHEREAS, the City of Virginia Beach has made improving
8 water quality in the City's waterways a high priority; and
9
WHEREAS, the City of Virginia Beach supports the
10 efforts of Lynnhaven River 2007, the Elizabeth River Project,
11
the
Back Bay Restoration Foundation and other community
12 organizations to improve water quality in the City's waterways;
13 and
14
WHEREAS, it is the sense of the City Council that it
15 would be beneficial to establish a committee to advise the City
16 Council on matters relating to the improvement of water quality
17 in the City's waterways;
18
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
19 CITY OF VIRGINIA BEACH, VIRGINIA:
20
1.
That the City Council hereby establishes the
21 Virginia Beach Green Ribbon Committee (the "Committee").
22
2 .
The Committee shall serve in an advisory capacity
23 to the City Council on matters relating to the improvement of
24 water quality in the City's waterways, including means of
25 developing property and supporting infrastructure that minimize
26 the use of natural resources, reduce harmful effects on water
27 quality, and create healthier environments for people.
28
3.
That the membership of the Committee shall consist
29 of such number of persons as may be appointed by the Ci ty
30 Council, and shall include, without limitation, members of the
31 City Manager I s Staff , representatives of the development and
32 real estate industries, representatives of the environmental
33
community,
engineers,
attorneys,
landscape
architects,
34 architects or other professionals familiar with the application
35 of environmental regulations to development proj ects, one (1)
36 member of the Planning Commission and two (2) members of the
37
City Council.
The City Attorney's Office shall provide all
38 necessary legal assistance to the Committee.
39
4.
That the term of the Committee shall be for one
40 (1) year, unless sooner terminated or extended by the City
41 Council.
42
5.
That the purpose of the Committee shall be to
43 provide advice and assistance to the City Council in matters
44 relating to water quality in the City's waterways, specifically,
45 to advise the City Council on regulatory and other methods of
46 improving water quality in the City's waterways by:
47
48
49
a.
Reducing the impact and extent of site impervious
cover;
b.
Preserving
and
enhancing
existing
natural
50
resources to the maximum extent practicable;
51
c.
Integrating stormwater management to maximize
52
efficiency and effectiveness
of
the overall
53
system; and
54
d.
Utilizing such other means as are effective and
55
practicable.
56
57
Adopted by the Council of the City of Virginia Beach,
58
Virginia, on the 9th
day of May
, 2006.
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
~Ch~
Ci Eorney's Office
CA-10024
OID\Land Use\Ordres\greenribbonRES.doc
R-3
May 2, 2006
Item V-K.
PLANNING
1. ROBERT M. ROUSSEAU
2. BURTON AND NANCY C. JUDA
3. JOHN AND VICKIE CHAPPELL
4. LUCY RUTTER
- 45 -
ITEM # 55193
5. PROSPERITY EACH, L.L.C. and WAWA, INC.
6. 29 OCEAN, L.LC.
7. DANNY K. MARTIN
8. 1345 OCEANA, L.L. C.
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
a. Prosperity Beach L.L. C.
CONDITIONAL CHANGE OF
ZONING
b. WAWA, Inc.
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
May 9, 2006
- 46-
Item v,.K.
PLANNING
ITEM # 55194
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Items 1 (DEFERRED INDEFINITELY), 2 (DEFERRED), 3, 4 (ALLOWED
WITHDRA WAL), 5a.b., 6, 7 (DEFERRED), 8 and 9 of the PLANNING BY CONSENT AGENDA.
Items 2 and 7 were DEFERRED until the City Council Session of May 23, 2006.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
- 47-
Item V.K.1.
PLANNING
ITEM # 55195
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY, an Ordinance upon application of ROBERT M. ROUSSEAU for an Enlarf.!ement of
a Nonconforminf.! Use
Ordinance upon Application of Robert M. Rousseau for an Enlargement
of a Nonconforming Use on property located at 403 16th Street (GPIN
24270696750000). DISTRICT 6 - BEACH.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
- 48-
Item v'.K.2.
PLANNING
ITEM # 55196
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of May 23, 2006, an Ordinance upon application BURTON and NANCY C.
JUDAfor a Conditional Use Permit re a residential kennel:
ORDINANCE UPON APPLICATION OF BURTON & NANCY C. JUDA
FOR A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL
Ordinance upon Application of Burton & Nancy C. Juda for a
Conditional Use Permit for a residential kennel on property located at
205 Coventry Road (GPIN 1467319782). DISTRICT 2 - KEMPSVILLE
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
- 49-
Item v'.K.3.
PLANNING
ITEM # 55197
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of JOHN and VICKIE CHAPPELL for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JOHN AND VICKIE
CHAPPELL FOR A CONDITIONAL USE PERMIT FOR A HOME
OCCUPATION (JAMS, JELLIES, CAKES) R050634155
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of John and Vickie Chappell for a
Conditional Use Permit for a home occupation Oams, jellies, cakes) on
property located at 506 Princess Anne Road (GPIN 2318157292).
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. Not more than one (1) employee, other than an immediate family member, shall be
working on the premises at any given time.
2. Sales to the general public of product or merchandise shall not be permitted on the
property.
3. Not more than twenty percent (20%) of the total floor area of both the dwelling unit and
any accessory structures shall be permitted for the purpose of producing jellies, jams and
cakes associated with the Conditional Use Permit for a Home Occupation.
4. A site plan, drawn to scale and prepared by a person duly licensed in the Commonwealth
of Virginia to do so, shall be submitted to the Development Services Center for review
and approval prior to the issuance of any building permit for the proposed structure.
Detailed building plans must also be submitted to Permits and Inspections for review.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of May, Two Thousand Six.
May 9, 2006
- 50-
Item v'K.3.
PLANNING ITEM # 55197 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
- 51 -
Item v'K.4.
PLANNING
ITEM # 55198
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ALLOWED
WITHDRAWAL of an Ordinance upon application of LUCY RUTTERfor a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LUCY RUTTER FOR A
CONDITIONAL USE PERMIT FOR AN ALTERNATIVE RESIDENTIAL
DEVELOPMENT
Ordinance upon Application of Lucy Rutter for a Conditional Use Permit
for an alternative residential development on property located at 2165
Pungo Ferry Road (GPIN 2309510736). DISTRICT 7 - PRINCESS
ANNE
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
- 52 -
Item v'K.5.
PLANNING
ITEM # 55199
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED
Ordinances upon application of PROSPERITY BEACH, L.L.c. and WAWA, INC. for a Conditional
Change of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PROSPERITY BEACH, L.L.c.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-2 Z05061249
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Prosperity Beach, L.L. C. for a Chanf!e of
Zoninf! District Classification from AG-2 Agricultural District to
Conditional B-2 Community Business District on property located at
1375 Oceana Boulevard and 1000-1024 Eaglewood Drive (GPINs
2415488215; 2415581209; 2415581232; 2415581120; 2415582073).
DISTRICT 6 - BEACH
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and
is hereby made a part of the record.
ORDINANCE UPON APPLICATION OF WAWA, INC. FOR A
CONDITIONAL USE PERMIT FOR GASOLINE SALES IN
CONJUNCTION WITH A CONVENIENCE STORE R050634156
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Wawa, Inc. for a Conditional Use Permit
for gasoline sales in conjunction with a convenience store on property
located on the southwest corner of Eaglewood Drive and Oceana
Boulevard (GPINs 2415581120; 2415488215; 2415581209;
2415581232). DISTRICT 6 - BEACH
The following conditions shall be required:
1. The site shall be developed substantially in accordance with the submitted
conceptual site layout and landscape plan of "Oceana Crossing, Oceana
Boulevard, Virginia Beach, VA ", prepared by MSA, P.c., and dated 5/31/05.
Said plan has been exhibited to the Virginia Beach City Council and is on file in
the Virginia Beach Planning Department.
2. The applicant shall submit building and canopy elevations to the Current
Planning Division of the City of Virginia Beach Planning Department for review
and approval before the formal site plan submittal.
May 9, 2006
Item v'K.5.
PLANNING
- 53 -
ITEM # 55199 (Continued)
3.
Signage for the proposed use shall be limited to that which is allowed by the City
Zoning Ordinance (CZO). Striping on the canopy shall be limited to ten (J 0) feet
on each side of the canopy or one-quarter of the length of each side. Sign age on
the canopy shall not be internally or externally illuminated. There shall be no
other signs, neon signs or neon accents installed on any wall area of the
building, on the windows and/or doors, canopy or light poles.
4.
A Lighting Plan and/or Photometric Diagram Plan shall be submitted during
detailed site plan review. Said plan shall include the location of all pole mounted
and building mounted lighting fixtures, and the listing of lamp type, wattage, and
type of fixture. Lighting shall overlap and be uniform throughout the parking
area. All lighting on the site shall be consistent with those standards
recommended by the Illumination Engineering Society of North America.
5.
Canopy lighting shall be recessed and not spill over onto adjacent properties and
rights- of-ways.
6.
The dumpster areas shall be enclosed with a solid wall to match the building and
landscaping in accordance with Section 245(e) of the City Zoning Ordinance.
7.
No outdoor vending machines and/or display of merchandise shall be allowed.
8.
Pedestrian walkway(s) to the convenience store shall be provided from any
required sidewalks in the public rights-of-way in accordance with Section 246(d)
of the City Zoning Ordinance.
9.
Bicycle racks shall be provided near the entrance of the store.
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of May, Two Thousand Six.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6352
DATE: April 27, 2006
FROM:
Leslie L. Lilley
B. Kay Wilson~0
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Prosperity Beach, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 9, 2006. I have reviewed the subject proffer agreement, dated
October 31,2005, 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 fcms
Enclosure
cc: Kathleen Hassen
PROSPERITY BEACH, L.L.C., a Virginia limited liability company
GENE E. DESTEFANO and JOSEPH C. DESTEFANO
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 31st day of October, 2005, by and between
PROSPERITY BEACH, L.L.C., a Virginia limited liability company, party of the first
part, Grantor; GENE E DESTEFANO and JOSEPH C. DESTEFANO, parties of the
second part, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, party of the third part, Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of four (4) contiguous
parcels of property located in the Beach District of the City of Virginia Beach,
containing approximately 5.0 acres as more particularly described as Parcels 1, 2,
3 and 4, in Exhibit "A" attached hereto and incorporated herein by this reference.
These four (4) parcels along with Parcel 5 are hereinafter referred to as the
"Property"); and
WHEREAS, the party of the second part is the owner of a certain parcel of
. property located in the Beach District of the City of Virginia Beach, Virginia,
containing approximately 0.9 acres as more particularly described as Parcel 5 in
Exhibit "A" attached hereto, which parcel is hereinafter referenced with the other
parcels described in Exhibit "A" as the "Property"; and
WHEREAS, the party of the first part as the Owner of Parcels 1 through 4
and the contract purchaser of Parcel 5 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 AG-l
Agricultural District to Conditional B-2 Community Business District; and
PREPARED BY:
GPIN: 2415-48-8215
2415-58-1209
2415-58-1232
2415-58-1120
2415-58-2073
DB SYKIS. ROURDON.
ill AHillN & LM. P.c.
1
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
rezoning, 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 resolve the situation to which the Grantors' rezoning application gives
rise; and
WHEREAS, the Grantor has 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 with respect to the Property, 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 Grantor, 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 makes the following declaration of
conditions and restrictions which shall restrict and govern the physical
development, operation, and use of the Property and hereby covenants and agrees
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 Grantor, its successors, personal representatives, aSSIgns,
grantees, and other successors in interest or title:
PREPARED BY: 1. When the Property is developed, it shall be developed and landscaped
;D;JSY1(IS.1l0URDON. substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT AND
. AHERN & ll:VY. P.C
LANDSCAPE PLAN OF OCEANA CROSSING", prepared by MSA, P.C., dated
2
05/31/05, which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning (hereinafter "Site Plan").
2. When the Property is developed, the exterior of the commercial center
shown on the Site Plan shall be substantially similar in appearance to the
elevations shown on the exhibit entitled "Oceana Crossing For Wright Dean
Development Corp., Oceana Boulevard, Virginia Beach, Virginia", prepared by
Martin & Martin Architecture, Inc., which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of Planning
(hereinafter "Oceana Crossing Elevations").
3. When the Property is developed, only freestanding monument style
signage may be erected on the Property, constructed with a base matching the
material and predominant color of the buildings as depicted on the Oceana
Crossing Elevations. All building mounted signage shall be channel letters on a
raceway (i.e. no block signs) and only the lettering may be illuminated.
4. All outdoor lighting shall be shielded, deflected, shaded and focused
to direct light down onto the premises and away from adjoining property.
5. 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.
All references hereinabove to B-2 District and to the requirements and
regulations applicable thereto refer to the Comprehensive 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 and
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 the
PREPARED BY: subsequent amendment is part of a comprehensive implementation of a new or
ImSYJ([S. ROURDON. substantially revised Zoning Ordinance until specifically repealed. The conditions,
DAHfRN &LM.P.C
however, may be repealed, amended, or varied by written instrument recorded in
3
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, 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
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 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
PREPARED BY: the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and
!B sms. ROURDON. the Grantee.
II AHrnN & lID, P.C
4
WITNESS the following signature and seal:
Grantor:
By:
Craig' ean, Managing Member
(SEAL)
STATE OF VIRGINIA
CITY OF Vn~CI~Ii\,BKA~CH, to-wit:
A'N"/~ /.1:::.
The foregoing instrument was acknowledged before me this 31 st day of
October, 2005, by Craig Dean, Managing Member of Prosperity Beach, L.L.C., a
Virginia limited liability company, Grantor.
~~/~
,. '---.:Nf ary PublIc
My Commission Expires: J\:ugust 31, 2006
~~ca
PREPARED BY:
o sms. ROURDON.
II AHrnN & llVY. P.C
5
WITNESS the following signature and seal:
Grantor:
(SEAL)
..-}
/-;?:?/~>,. /
..-/ r:;:J:' ":;':-:' /'-
<;:~' /.." /2.F.:>'-'-' (SEAL)
..:<'''Joseph C. DeStefano
STATE OF VIRGINIA
CITY OFVI~~:2CACH:, to-wit:
if The fore~oing instrument was acknowledged before me this -1.d- day of
!lDUP/J?1!1JJI , 2005, by Gene E.~~)'~
ot. Pu blic
My Commission Expires:. 11Ji-zc0 l10 ,-'ZoO(,)
STATE OF VIRGINIA
CITY OF ~zJ~EACH, to-wit:
:/^. The fof~going instrument was acknowledged before me
";1:<' /, 2005, by Joseph :7~d?7
~ ',__ . tary Public
My Commission Expires: /J/. _~ .-;:( / 4/)0/
/ ~((2?-/f&7 ~/. b~V ~.p
/
./)
this ~ day of
PREPARED BY:
lIB SYKIS. ROURDON.
n AHfRN & 1M. P.C
6
EXHIBIT "A"
PARCEL 1:
ALL THAT certain lot, piece, or parcel of land, situate in Seaboard Borough, of the
City of Virginia Beach, Virginia, and shown on the plat entitled "Property of Cordie
E. Whitehead, located near Dam Neck", made by W.B. Gallop, County Surveyor,
July 25, 1956, and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 42, at Page 15, and designated on said plat
as "Cordie E. Whitehead" and bounded and described as follows:
Beginning at a pipe in the Southwest intersection of Route 615 and a 20 foot
private lane and from said point running South 29 degrees 23 minutes East 145
feet to a pin, thence South 75 degrees 10 minutes West 502.1 feet, thence North
61 degrees 00 minutes West 160 feet to a point, thence North 72 degrees 15
minutes East 581.7 feet along said private lane to the point of beginning.
GPIN: 2415-58-1232
PARCEL 2:
ALL THAT certain lot, piece or parcel of land, being in the Seaboard Borough of the
City of Virginia Beach, Virginia, and being known, numbered and designated as
Lot A, as shown on that certain plat entitled "Property of Thomas B. Bunting,
located Near Dam Neck in Princess Anne County, Virginia", Scale: 1" = 100', dated
October 7, 1958, which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 52, at Page 12 to which
reference is hereby made for a more particular description.
Less and Except that portion of the property conveyed to the City of Virginia Beach
for improvement of Oceana Boulevard as recorded in Deed Book 3987, at Page
1024.
GPIN: 2415-48-8215
PARCEL 3:
PREPARED BY:
ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach,
Virginia, (formerly Seaboard Magisterial District of Princess Anne County) and
shown on the plat entitled, "PROPERTY OF CORDIE E. WHITEHEAD, LOCATED
NEAR DAM NECK", made by W.E. Gallup, County Surveyor, July 25, 1956, and
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 42, Page 15; and designated on said plat as "Cordie E.
Whitehead 1.08 Acres", and bounded and described as follows:
sa SYU:S. ROURDON.
RAIlmN &LM. P.c.
7
BEGINNING at a pin in the ground 145 feet S. 29 Degrees 23' E, from the
southwest intersection of Route 615 and a 20' private lane, and from said point,
running S. 29 Degrees 23' E., 100 feet to a pin; thence S. 74 Degrees 12' W., 418.9
feet; thence N. 61 Degrees 00' W., 150 feet to a pin; thence N. 75 Degrees 10' E.,
502.1 feet to the point of beginning.
Said property is also shown on a plat entitled, "PLAT OF VICTOR J. JR. AND
ELEANOR C. BELISlE", recorded in the above mentioned Clerk's Office in Map
Book 185, at Page 41, as a parcel containing 46,341 square feet or 1.063 acres.
GPIN: 2415-58-1120
PARCEL 4:
ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach,
Virginia, described as "20' PRIVATE LANE" on the plat entitled "PROPERTY OF
CORDIE E. WHITEHEAD, LOCATED NEAR DAM NECK-IN PRINCESS ANNE CO.,
VA", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 42, Page 15; and also described as "20' PRIVATE
LANE" on the plat entitled "PROPERTY OF THOMAS B. BUNTING, LOCATED.
NEAR DAM NECK- IN- PRINCESS ANNE CO., 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 52, at Page 12, and bounded as follows:
On the south by the property described as "Cordie E. Whitehead 1.579 Acres" as
shown on the plat entitled "PROPERTY OF CORDIE E. WHITEHEAD, LOCATED
NEAR DAM NECK-IN-PRINCESS ANNE CO., VA.", recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, at Page
15;
On the north by the property described PARCEL A, 2.17 AC. as shown on the plat
entitled "PROPERTY OF THOMAS B. BUNTING, LOCATED NEAR DAM NECK-IN-
PRINCESS ANNE CO., 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 52, at Pate 12;
On the west by the street described as Flicker Way; and
On the east by the street described as Oceana Boulevard.
GPIN: 2415-58-1209
PREPARED BY:
PARCEL 5:
a~~ ~1W?~~ All that certain lot, piece or parcel of land, situate, lying and being in the Seaboard
Magisterial District of the City of Virginia Beach, Virginia, bounded and described
as follows:
8
PREPARED BY:
lIB SYK!:S. ROURDON.
D AlIrnN & lM. P.C
Beginning at a station on the westem side of the Eastern Shore Public Road,
miscalled Croatan Road to Princess Anne Courthouse to said 20 foot private road
to an axle in the line of J. W. McClannan; thence along McC1annan's line N 620 W
150 feet; thence S 120 15' E to the Western side of said Public Road; thence
northerly 100 feet to the point of beginning.
GPIN: 2415-58-2073
ConditionaURezone/Prosperi~Beach/Proffer
9
- 54-
Item v,.K. 6.
PLANNING
ITEM # 55200
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of 29 OCEAN, L.L.C.for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF 29 OCEAN, L.L.c. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
RT-3, A-36 AND A-12 TO CONDITIONAL RT-3 Z05061250
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of 29 Ocean, L.L.c. for a Change of
Zoning District Classification from RT-3 Resort District, A-36
Apartment District and A-12 Apartment District to Conditional
RT-3 Resort Tourist District with a Laskin Road Gateway Overlay
on property located on the northeast corner of Arctic Avenue and
29th Street and on the south side of 29th Street, approximately 100
feet east of Arctic Avenue (GPINS 24280122750000;
24280122230000;24280112720000;2480112210000;24280114720
000;24280114200000;2480103790000;2428010308000).
DISTRICT 6 - BEACH
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and
is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of May, Two Thousand Six.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6436
DATE: April 11 ,2006
TO:
FROM:
Leslie L Lilley _____
.~
B. Kay WiISO~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; 29 Ocean~ L.L.e.
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on April 25, 2006. I have reviewed the subject proffer agreement, dated
January 30, 2006, 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 /sj
Enclosure
/cc: Kathleen Hassen
29 OCEAN, L.L.C., a Virginia limited liability company
ATLANTIC ENTERPRISES, INC., a Virginia corporation
CHERRY MOTEL, INC., a Virginia corporation
MARK GOLDNER
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 30th day of January, 2006, by and between
29 OCEAN, L.L.C., a Virginia limited liability company, Grantor, party of the first
part; ATLANTIC ENTERPRISES, INC., a Virginia corporation, Grantor, party of the
second part; CHERRY MOTEL, INC., a Virginia corporation, Grantor, party of the
third part; MARK GOLDNER, Grantor, party of the fourth part; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee, party of the flith part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of two (2) parcels of
property located in the Beach District of the City of Virginia Beach, containing a
total of approximately 15,000 square feet as more particularly described as Parcels
1 and 2 in Exhibit" A" attached hereto and incorporated herein by this reference,
which parcels, along with the other parcels referenced herein and described In
Exhibit "A" are herein referred to as the "Property"; and
PREPARED BY:
GPIN: 2428-01-2275
2428-01-2223
2428-01-1272
2428-01-1221
2428-01-1420
2428-01-0379
2428-01-0308
2428-01-0308
2428-01-1472
~m SYKES. ROURDON.
mill AHERN & lEVY. P-C.
1
PREPARED BY;
L1fiJ SY1:IS. BOURDON.
mil AlIrnN & lM. p.c
WHEREAS, the party of the third part is the owner of six (6) parcels of
property located in the Beach District of the City of Virginia Beach, containing a total
of approximately 43,000 square feet as more particularly described as Parcels 3, 4, 5,
6,7 and 8 in Exhibit "A" attached hereto and incorporated herein by this reference,
which parcels, 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 owner of one (1) parcel of
property located in the Beach District of the City of Virginia Beach, containing a
total of approximately 7,000 square feet as more particularly described as Parcel 9
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 first part, as contract purchaser of the Property,
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 A-36, A-12 and RT-3, Apartment and Resort
Tourist Districts to Conditional RT-3 Resort Tourist District (LRG); 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 Grantors aclrnowledge 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 Grantors' proposed
rezoning, 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 resolve 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 with respect to the Property, the following
reasonable conditions related to the physical development, operation, and use of
2
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, their 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 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, grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as
shown on the exhibits entitled "PROPOSED OCEANS 29 CONDOMINIUMS
Architectural Site Plans", PROPOSED OCEANS 29 CONDOMINIUMS - NORTH
BUILDING PLANS", and "PROPOSED OCEANS 29 CONDOMINIUMS - SOUTH
BUILDING PLANS", dated 01-27-2006, prepared by Hanson & Associates, P.C.,
which have been exhibited to the Virginia Beach City Council and are on file with
the Virginia Beach Department of Planning (hereinafter referred to as "Concept
Plans") .
2. When the residential buildings designated Oceans 29-NORTH and
SOUTH on the Concept Plan are developed, the exterior of the buildings shall be
substantially similar in architectural features, details and appearance to the
exhibits entitled, "OCEANS 29 RENDERING", "PROPOSED OCEANS 29
CONDOMINIUMS - ELEVATIONS SOUTH BUILDING" and "PROPOSED OCEANS
29 CONDOMINIUMS - ELEVATIONS NORTH BUILDING", dated 01-27-2006,
prepared by Hanson Associates, P.C., Architects Engineers, which have been
PREPARED BY: exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
~m SYKES. ROURDON.
milAHI:RN &LM.P.C. Department of Planning (hereinafter "29 Ocean Elevations").
3
3. Further conditions may be required by the Grantee during detailed
Site Plan and/or Subdivision review and administration of applicable City Codes
by all cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to the RT -3 and the Laskin Road Gateway
Overlay (LRG) District and to the requirements and regulations applicable thereto
refer to the Comprehensive 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 Grantors and allowed
and 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
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, Virginia, and
execu ted 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 goveming 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, 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 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
PREPARED BY: of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
~m SYKIS. BOURDON. restrictions including the authority (a) to order in writing that any
iliJI4IIrnN & LM. P.c.' "
noncompliance with such conditions be remedied, and (b) to bring legal action or
4
PREPARED BY:
~m S\'I([S. !JOURDON.
mil AlU::RN & lIVY. P.c.
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 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 names of the Grantors and
the Grantee.
5
PREPARED BY:
nB SYK[S. ROURDON.
m AlU:RN & LM. P.c.
WITNESS the following signature and seal:
Grantor:
29 Ocean, L.L.C.,
a Virginia limited liability company
By: Atlantic Enterprises, Inc., a Virginia
corporation, Member
By:
~~
Andrew W. Vakos, President
---'
(SEAL)
STATE OF VIRGINIA
CI1Y OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~ day of
January, 2006, by Andrew W. Vakos, President of Atlantic Enterprises, Inc., a
Virginia corporation, Member of 29 Ocean, L.L.C., a Virginia limited liability
company, Grantor.
~iu,1L
,
,-7 .
If ~ ,{J.,;;!/ 1---
Notary Public
My Commission Expires: "'~ I~/ It; J/
6
PREPARED BY:
lIIB sms. ROURDON.
DI AlIrnN & 1M. P.c.
WITNESS the following signature and seal:
Grantor:
29 Ocean, L.L.C., a Virginia limited liability
company
By: Cherry Motel, Inc., a Virginia corporation,
Member
BY:-'-Z~ ~~
Lance Goldner, President
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Lance Goldner, President of Cherry Motel, Inc., a Virginia
corporation, Member of 29 Ocean, L.L.C., a Virginia limited liability company,
Grantor.
_A JC * -1/1 Y/lt&i~
Notary Public
My Commission Expires: August 31, 2006
7
PREPARED BY:
~m SYHS. ROURDON.
mil AHrnN & LM. P.C
WITNESS the following signature and seal:
Grantor:
29 Ocean, L.L.C., a Virginia limited liability
company
By:
-/%~~
Mark Goldner, Member
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Mark Goldner, Member of 29 Ocean L.L.C., a Virginia limited
liability company, Grantor.
A =ii L If i'
/' /'vIA ':' , - /'IJ ~YV7 ~ Cu1l<--e
. Notary Public
My Commission Expires: August 31, 2006
8
PREPARED BY:
na Syn:s. ROURDON.
DJl4lIillN & 1M. P_c.
WITNESS the following signature and seal:
Atlantic Enterprises, Inc.,
a Virginia corporation
~
Grantor:
By:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
(SEAL)
Andrew W. Vakos, President
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Andrew W. Vakos, President of Atlantic Enterprises, Inc., a
Virginia corporation, Grantor.
dJi~' /f/i~/--
.Notary Public
My Commission Expires:
~,;6~t
9
PREPARED BY,
~ SYJ([S. nOURDON.
51 AIIrnN & 1M. P.c.
WITNESS the following signature and seal:
Grantor:
Cherry Motel, Inc., a Virginia corporation
BY:~~
Lance Goldner, President
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Lance Goldner, President of Cherry Motel, Inc., a Virginia
corporation, Grantor.
__A,/;;J. .k./{ Y;1r:-/!&1kyp
Notary Public
My Commission Expires: August 31, 2006
10
PREPARED BY:
(;JIB SYI/IS. BOURDON.
_ AlIrnN &. LID. P.c.
WITNESS the following signature and seal:
Grantor:
BY:~~~
Mark Goldner
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Mark Goldner, Grantor.
~}1<-J, /)lm~&rk-ep
./ Notary Public
My Commission Expires: August 31, 2006
11
EXHIBIT "A"
Parcell:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 6,
in Block 2, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property.
GPIN: 2428-01-2275
Parcel 2:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 8,
in Block 2, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property.
GPIN: 2428-01-2223
Parce13:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 10
and 10' of Alley, in Block 2, as depicted on the plat of Central Park, Inc., recorded in
the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 8, at Page 10, reference being made to said plat for a more particular
description of said property.
GPIN: 2428-01-1272
PREPARED BY:
m SYKIS. ROURDON.
&\11 AlIhRN & 1M. P.c.
12
Parcel 4:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 12
and 10 of Alley, in Block 2, as depicted on the plat of Central Park, Inc., recorded in
the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 8, at Page 10, reference being made to said plat for a more particular
description of said property.
GPIN: 2428-01-1221
Parcel 5:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 5,
in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property .
GPIN: 2428-01-1420
Parcel 6:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 6
(49.6 Ft.), in Block 3, as depicted on the plat of Central Park, Inc., recorded in the
Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 8, at Page 10, reference being made to said plat for a more particular
description of said property.
GPIN: 2428-01-0379
Parcel 7:
PREPARED BY:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 7
and westem 4' of Lot 6, in Block 3, as depicted on the plat of Central Park, Inc.,
recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more
particular description of said property.
53.mSYlCfS. ROURDON. GPIN: 2428-01-0308
&lfII AJIfRN & llVY. P.c.
13
PREPARED BY:
1;).13 STI'lS. ROURDON.
m.. AlIrnN & LM. P.c.
Parcel 8:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 8,
in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property.
GPIN: 2428-01-0308
Parcel 9:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 4,
in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property.
GPIN: 2428-01-1472
ConditionalRezone /290cean/ProfferS
Rev.l/31/06
14
- 55 -
Item v.x. 7.
PLANNING
ITEM # 55201
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of May 23, 2006, an Ordinance upon application of DANNY X. MARTIN for a
Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF DANNY K. MARTIN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO
CONDITIONAL 1-1
Ordinance upon Application of Danny K. Martin for a ChanJ!e of ZoninJ!
District Classification from R-5D Residential Duplex District to
Conditional 1-1 Light Industrial District on property located at 5840
Burton Station Road (GPIN 1458894322). DISTRICT 4 - BAYSIDE
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
- 56-
Item v.K. 8.
PLANNING
ITEM # 55202
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of 1345 OCEAN A, L.L. C. for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF 1345 OCEAN A, L.L.c. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO
CONDITIONAL B-2 Z05061251
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of 1345 Oceana, L.L. C. for a Chanf!e of
Zoninf! District Classification from AG-2 Agricultural District to
Conditional B-2 Community Business District on property located at
1345 and 1335 Oceana Boulevard (GPINs 2415486663; 2415488740;
2415486774). DISTRICT 6 - BEACH
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and
is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of May, Two Thousand Six.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6354
DATE: April 27, 2006
TO:
FROM:
Leslie L. Lilley
B. Kay Wilson~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; 1345 Ocean a L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 9, 2006. I have reviewed the subject proffer agreement, dated
November 1 , 2005, 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 tcms
Enclosure
cc: Kathleen Hassen
1345 OCEANA, 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 1st day of November, 2005, by and between
1345 OCEANA, L.L.C., a Virginia limited liability company, Grantor; and THE CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of three (3) parcels of property located
ill the Beach District of the City of Virginia Beach, containing a total of
approximately 94,446 square feet as described in Exhibit "A" which is attached
hereto and incorporated herein by this reference. The parcels are hereinafter
collectively referred to as the "Property"; and
WHEREAS, the Grantor 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 AG-1
Agricultural District to Conditional B-2 Commercial 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
PREPARED BY:
GPIN: 2415-48-6663
2415-48-8740
2415-48-6774
iii SYK~S. ROURDON.
D AlIrnN & UVY. P.C
PREPARED BY:
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
rezoning, 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 resolve the situation to which the Grantors' rezoning application gives
rise; and
WHEREAS, the Grantor has 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 with respect to the Property, 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 Grantor, 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 goveming body and
without any element of compulsion or quid pro qUO for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby makes the following declaration of
conditions and restrictions which shall restrict and govem the physical
development, operation, and use of the Property and hereby covenants and agrees
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 Grantor, its successors, personal representatives, aSSIgns,
grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed and landscaped
substantially as shown on the exhibit entitled "OCEANA NORTH BY 1345 OCEANA
LLC", prepared by Martin & Martin Architecture, Inc., dated Nov. 1, 2005, which
has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter "Site Plan").
~ Sms. ROURDON.
iii AlIrnN & UVY. P.c.
2
2. When the Property is developed, the exterior of the commercial center
shown on the Site Plan shall be substantially similar in appearance to the
elevations shown on the exhibit entitled "Oceana North For Wright Dean
Development Corp., Oceana Boulevard, Virginia Beach, Virginia", prepared by
Martin & Martin Architecture, Inc., which have been exhibited to the Virginia
Beach City Council and are on fIle with the Virginia Beach Department of Planning
(hereinafter "Oceana North Elevations").
3. When the Property is developed, only freestanding monument style
signage may be erected on the Property, constructed with a base matching the
material and predominant color of the buildings as depicted on the Oceana North
Elevations. All building mounted signage shall be channel letters on a raceway
(i.e. no block signs) and only the lettering may be illuminated.
4. All outdoor lighting shall be shielded, deflected, shaded and focused
to direct light down onto the premises and away from adjoining property.
5. 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.
All references hereinabove to B-2 District and to the requirements and
regulations applicable thereto refer to the Comprehensive 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 and
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 the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
PREPARED BY: however, may be repealed, amended, or varied by written instrument recorded in
m SYK'[S. ROURDON. the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
o AHrnN & LM. P.c.
executed by the record owner of the Property at the time of recordation of such
3
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 goveming 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, 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
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 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 names of the Grantor and
the Grantee.
PREPARED BY:
U SYKIS. ROURDON.
D AlI~RN & UVY. P.c
4
WITNESS the following signature and seal:
Grantor:
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 1 st day of
November, 2005, by Craig Dean, Managing Member of 1345 Oceana, L.L.C., a
Virginia limited liability company, Grantor.
_d'Y<~ /jI fr7G~f4
Notary Public
My Commission Expires: August 31, 2006
PREPARED BY:
m sms. ROURDON.
n AHfRN & liVY. P.c.
5
EXHIBIT "A"
PARCEL 1:
ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach
(formerly Seaboard Magisterial District, Princess Anne County), Virginia, and
shown and designated as "Arthur C. Smith" on plat of "Property of W. L. Miller and
Pearl Miller, Located near Dam Neck, Princess Anne County, Va.", which pat is
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach
(formerly Princess Anne County), Virginia, in Map Book 27, at Page 67, and being
more particularly bounded and described as follows:
BEGINNING at a point on the westem line of the Court House Road to Oceana
which point is located five hundred twenty-six (526) feet in a northerly direction
from the intersection of said Court House Road and Etheridge Road; thence
running South 72 degrees 40' west 445.5 feet to a point; thence running North 31
degrees 12' west 106 feet to a point; thence running North 72 degrees 40' east
445.5 feet to a point in the said westerly line of Court House Road; thence in a
southerly direction along said westerly line of Court House Road a distance of 106
feet to the point of beginning.
SAVE, LESS AND EXCEPT that portion of the said property which was conveyed to
the City of Virginia BeaGh, by instrument dated 6/24/99 and recorded 11/10/99
in Deed Book 4167, at Page 1818 and as shown on that certain plat of survey
recorded in Map Book 277, at Page 90.
GPIN: 2415-48-6774
PARCEL 2:
ALL THAT CERTAIN tract, piece, or parcel of land situated and being in the
Borough of Princess Anne, City of Virginia - Beach, Virginia, being bound and
described as follows:
BEGINNING at a pipe, which is the southwest comer of the property conveyed by
W. C. Miller and Pearl Miller, husband and wife, to Salvador Medina and Margaret
A. Medina, by deed dated the 6th day of April, 1973, and duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; thence S
72 degrees 40' W 242.8 feet to a point; thence N 31 degrees 12' W 106 feet to a pin;
thence N 72 degrees 40' E 242.8 feet to a point; thence S 31 degrees 12' E 106.06
feet to the point of beginning.
PREPARED BY,
GPIN: 2415-48-6663
ID SYK~S. ROURDON.
n AHmN & ll:VY. P.C
6
PREPARED BY:
lIB SWIS. ROURDON.
ill AIIrnN & U:vv. P.C
PARCEL 3:
All that certain tract, piece or parcel of land lying, situate and being in the
Borough of Princess Anne, City of Virginia Beach, (formerly Princess Anne County),
Virginia, and bounded and described as follows:
Beginning at a pin on the West side of Oceana Boulevard, which pin is 548 feet
more or less from Prosperity Road; thence South 72 degrees 40' West 202.7 feet to
a pipe; thence North 31 degrees 12' West 106.06 feet to a point; thence North 72
degrees 40' East along the central line of a ditch 202.70 feet, more or less, to a pin
in the Westem line of said Oceana Boulevard; thence along the Westem line of
said Oceana Boulevard South 31 degrees 12' East 106 feet to the point of
beginning.
Less and except that certain portion of property conveyed to the City of Virginia
Beach as recorded in Deed Book 4174, at Page 2265 and as shown in Map Book
274, at Page 91.
GPIN: 2415-48-8740
ConditionalRezone / 13450ceana/ Proffer
7
- 57 -
Item v,x. 9.
PLANNING
ITEM # 55203
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of the CITY OF VIRGINIA BEACHfor a Change of Zoning:
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-20 TO P-1 PRESERVATION DISTRICT Z05061252
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of the City of Virginia Beach for a Change
of Zoning District Classification from R-20 Residential District to P-1
Preservation District on property located at the northeast extremity of
Shell Road (GPINs 1469526433; -5486; -7421; -6306; -4486; -5130; -
3280; -4277; -9638; -6682; -6774; -6700; -7592; -8438; -8456; -9684; -
7035; 1469627111; 1469513556). DISTRICT 4 - BAYSIDE.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 9, 2006
Item V-M.l.
- 58 -
APPOINTMENTS
ITEM # 55204
BY CONSENSUS, City Council RESCHEDULED:
GREEN RIBBON COMMITTEE
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASK FORCE
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
PARKS AND RECREATION COMMISSION
SPORTS AUTHORITY OF HAMPTON ROADS
May 9, 2006
- 59 -
Item V-M.2.
APPOINTMENTS
ITEM # 55205
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Thomas R. Pritchard
Whit G. Sessoms, III
S. Brady Viccellio
Rodney Allen Voelker
3-year term
07/01/2006 - 06/30/2009
BEACHES and WATERWAYS COMMISSION
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Jim Reeve
May 9, 2006
- 60-
Item V-M.2.
APPOINTMENTS
ITEM # 55206
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Stanley Waranch
3 year term
07/01/2006 - 06/30/2009
EASTERN VIRGINIA MEDICAL SCHOOL
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Jim Reeve
May 9, 2006
- 61 -
Item V-M.3.
APPOINTMENTS
ITEM # 55207
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
APPOINTED:
John Hicks
3 year term
05/01/2006 - 03/31/2009
REAPPOINTED:
Alicia C. B. Fernandez
Ethelyn Register
Fay B. Silverman
3 year term
04/01/2006 - 03/31/2009
HUMAN RIGHTS COMMISSION
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Jim Reeve
May 9, 2006
- 62-
Item V-M.4.
APPOINTMENTS
ITEM # 55208
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
James M. Arnhold
Scott Ayers
JuneBa"ett-McDank~
Alaura Guion
3 year term
07/01/2006 - 06/30/2009
SHORE DRIVE ADVISORY COMMITTEE
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Jim Reeve
May 9, 2006
- 63-
Item V-M.5.
APPOINTMENTS
ITEM # 55209
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
William R. "Bill" DeSteph
Unexpired term thru 12/31/2008
SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA)
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox and Jim Reeve
May 9, 2006
- 64-
Item V-N.J.
NEW BUSINESS
ITEM # 55210
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council
RESCHEDULED the July 4th (Legal Holiday) City Council Meeting
to July 18 and CANCELED the Sessions for August 1,2006.
City Council will meet July 11 and 18, 2006, with vacation July 19 -
August 6, 2006.
The OPEN DIALOGUE Session shall be held on July 11, 2006.
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W Schmidt, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A_ Maddox
May 9, 2006
- 65 -
Item V-Po
ADJOURNMENT
ITEM # 55211
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:53 P.M.
~-~--~~~-
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
f2--'-0~
~ith,MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
After ADJOURNMENT, Public Comments relative Non Agenda Items were heard and adjourned
7:55 P.M.
May 9, 2006
- 66-
OPEN DIALOGUE
Non Agenda Items
Kenneth Pravetz, President - Virginia Beach Professional Firefighters, 4305 Shrew Trail,
Phone: 416-1120, expressed appreciation to the City Council refunding of the Public Safety
Compression and Pay Plan.
May 9, 2006