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Home My WebLink AboutMAY 11, 2010 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, JR., At-Large D'/CE MAYOR LO(//S R. JONES, Bayside -District 4 R/TA SWEET BEL[,ITTO, At-Large G/.ENN R. DAV/S, Rore Hall -District 3 WILL/AM R. DeST1iPH, At-/,arge HARRY F.. D/EZEL, KemprvtUe -District 2 ROBF,RT M. DYER, Centerville -District / BARBARA M. HF.NI,h."Y, Princess Anne - Dtrtrict 7 ./OHN L'. UHR/N, Beach - District 6 ROSEMARY WILSON, At-Large .IAMF,S l,. WOOD, lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY MARK D. STI/,F, S C/TY ASSESSOR - .lF.RALD BANAGAN CYTY AUDITOR - /,YNDON S. REMlAS C/TY CLERK -RUTH HODGF.S FRASF.R, MMC' CITY COUNCIL AGENDA 11 May 2010 I. CITY MANAGER'S BRIEFING: -Conference Room- A. ENVIRONMENTAL STEWARDSHIP AWARDS Barry Frankenfield, SGA Administrator II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITY HALL BU/LD/NG 2401 COURTHOUSE DR/VE VIRGINIA BEACH, V/RGIN/A 23456-8005 PHONE.~(757) 385-4303 FAX (757) 385-5669 E- MAIG: Ctycncl@vbgov. com 3:30 PM 4:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor 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. INFORMAL and FORMAL SESSIONS April 22 and 27, 2010 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION RESOLUTION IN RECOGNITION Mary Russo - 40 Years of Service I. PUBLIC HEARINGS 1. FY 2010-2011 RESOURCE MANAGEMENT PLAN FY2010-2011 Operating and Capital Budgets 2. OPEN AIR CAFE LEASE 204 Grill Pizza - 204 22"d Street 3. LEASE OF CITY PROPERTY Bounce House, LLC -"Waterslide" 24`h Street Beach J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND §2-4 of the City Code re Worker's Compensation for Volunteer public safety in Police, Fire and Rescue 2. Resolution in RECOGNITION of 40 years of service by Mary Russo 3. Ordinances/Resolutions re: FY 2010-11 RESOURCE MANAGEMENT PLAN a. FY 2010-11 Operating Budget: 1) APPROPRIATE for the Fiscal Year, beginning July 1, 2010 and ending June 30, 2011, $1,687,650,881 for Operations and $553,156,869 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended 2) ESTABLISH the tax levy of 89 cents per $100 assessed evaluation on real estate for FY 2011 3) ESTABLISH the tax levy of $3.70 per $100 assessed evaluation on personal property and machinery and tools for the Calendar Year 2011 4) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 5) DECLARE $8,000,000 within the Sandbridge Tax Increment Financing District (TIF) as surplus in the FY 2009-10 Operating Budget 6) AMEND the City Code re Cigarette Tax to increase the tax amount 7) AMEND the City Code re minimum Service Availability charges and Water Usage renewals 8) AMEND the City Code re Dealer and Pawnbroker permit applications and renewals 9) AMEND the City Code re Precious Metals permits 10) AMEND the City Code re Taxicab inspections, driver's permit applications and permit renewals 11)IMPLEMENT a two-year Moratorium on dedicated funding to Open Space Land acquisitions 12) INCREASE the Resident Discount fee at certain Resort lots and City garages 13) APPLY for Community Development Block Grant (CDBG) Section 108 loan funds from U.S. Department of Housing and Urban Development (HUD) 14) AMEND the City Code re fees for the impoundment of animals 15) TEMPORARILY SUSPEND adoption of the City's Budget through an annual rather than biennial process 16) AMEND the City Code re exemption or deferral of Real Estate Taxes for the Elderly or Disabled Persons by increasing net worth limit 17) ADD §35-41 to the City Code re classifying "energy efficient" buildings 18) AFFIRM Resolution No. 3347 re employee contributions to the Virginia Retirement System (VRS) after July 1, 2010 b. FY 2010-11 Capital Budget: 1) AUTHORIZE FY-2011 /FY-2016 Capital Improvement Program (CIP); and, APPROPRIATE $201,656,037 for the FY 2011 Capital Budget, subject to funds being provided from various sources set forth therein 2) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $68,180,000 for various public facilities and general improvements 3) AMEND the City Code re Sanitary Sewer Service charges, effective July 1, 2011, 2012, 2013 and 2014 4. Ordinance to AUTHORIZE the City Manager to execute a Second Amendment to the March 26, 2003, Purchase Agreement with LifeNet to extend the purchase price option to December 10, 2010 5. Ordinance to AUTHORIZE the City Manager to ACCEPT bids for the lease of City property at 1900 Sandbridge Road (Red Mill Farm Park) re telecommunications facilities 6. Ordinance to AUTHORIZE the City Manager to GRANT a Franchise Agreement to Bounce House, LLC to operate a waterslide on the sandy beach adjacent to the 24`" Street Stage 7. Ordinance to AUTHORIZE the City Manager to GRANT a Franchise Agreement for an Open Air Cafe for Majd and Bouhzam, LTD t/a 204 Grill Cafe at 204 22°d Street 8. Ordinance to AUTHORIZE acquisition of the public right-of--way at 3107 Bray Road from KATHRYN N. BYLER in order to remove a hazardous tree 9. Ordinance to DESIGNATE The Organization Against Injustice and Social Malpractice (TOAISM) as EXEMPT from local Personal Property Taxation 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned rights- of-way for JOHN R., JR. and DENIZ MURRAY to construct a pier and maintain an existing riprap at 4209 Battery Road (DISTRICT 4 - BAYSIDE) 11. Ordinance to ACCEPT and APPROPRIATE $44,250 in grant funds from the Department of Homeland Security and $14,750 in a local match from the 2008 Port Security Grant Program to the FY 2009-10 Fire Budget re equipment and training for the Marine Team L. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for DRESCHER DEVELOPMENT/GEORGE M. DAMS, III, re lot width at Prosperity Road and Park Place Drive (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 2. Application of STUDIO EVOLVE, LLC/MT. TRASHMORE OFFICE for a Conditional Use Permit re a tattoo studio at 512 South Independence Boulevard, Suites 200-202 (DISTRICT 3 -ROSE HALL) RECOMMENDATION APPROVAL 3. Application of GREATER HOPE OF DELIVERANCE MINISTRIES/PHUONG NHON NGUYEN for a Conditional Use Permit re religious use at 3692 South Plaza Trail No.2 (DISTRICT 3 -ROSE HALL) RECOMMENDATION APPROVAL 4. Application of INTERNET MARKETING TRAINING CENTER, INC./DAVID BYLER for a Conditional Use Permit re a Vocational School at 512 South Independence Boulevard (DISTRICT 3 -ROSE HALL) RECOMMENDATION APPROVAL 5. Application of REGENT UNIVERSITY for a Conditional Use Permit re religious uses at 1000 Regent University Drive (DISTRICT 1 - CENTERVILLE) RECOMMENDATION APPROVAL 6. Application of BRIDGEWAY COMMUNITY CHURCH/BLANFORD PARTNERSHIP for a Conditional Use Permit re religious uses at 752-758 Independence Boulevard (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPROVAL 7. Application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES/NEWTOWN SQUARE ASSOCIATES, LLC for a Conditional Use Permit re religious use at 544- Newtown Road, Suite 118 (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 8. Application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-40 Residential District to P-1 Preservation District at 4337 Country Club Circle (Thoroughgood House) (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPROVAL 9. Ordinance to AMEND the Comprehensive Plan re Parkway Typical Sections, Primary Roadway Network Plan Map and the ADOPTION of the Major Street Network Ultimate Rights-of--Way RECOMMENDATION M. APPOINTMENTS MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 APPROVAL Agenda 5/Il/lOst www.vb~ov.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May I1, 2010 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re ENVIRONMENTAL STEWARDSHIP AWARDS in the City Council Conference Room, Tuesday, May 11, 2010, at 3:30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Rita Sweet Bellitto [Council Lady Bellitto's father, John W. "Jack" Sweet, Sr. passed away on Friday, May 7, 2010. Funeral in Pennsylvania today) Robert M. Dyer [Entered: 3: SI P.M.J May 11, 2010 -2- CITY MANAGER `S BRIEFING ENVIRONMENTAL STEWARDSHIP AWARDS ITEM # 59894 Barry Frankenfield, Strategic Growth Area Administrator, advised in 2008, this Award Program was developed. The awards are residential, commercial and public development that demonstrates environmental stewardship, conservation, improvement and awareness. The focus of the awards was on site inventory, water quality, "green" building, wetlands riparian, preservation, habitat protection, vegetation, natural projects, amenities, long term management, community stewardship and reuse of the existing sites. Award Levels Outstanding Recognition • Highest level of distinction • Honors projects that have achieved high marks in all criteria • Sufficiently completed project • Demonstrates accomplishments or expected accomplishments Significant Achievement • Second level of achievement • Honors projects that have received a final approval from the Virginia Beach Planning Department/Development Services Center as meeting all applicable codes and standards • May also spotlight a specific aspect of the project Juliette's Reef and Grandma's Reef Outstanding Recognition • Rainey's Gut is a waterway that has substantial wetland erosion • Reefs act as energy buffers to protect the remaining wetlands May 11, 2010 -3- CITY MANAGER `S BRIEFING ENVIRONMENTAL STEWARDSHIPAWARDS ITEM # 59894 (Continued) Reefs provide a multitude of immediate and long-term environmental benefits Oysters are prodigious filter feeders and remove suspended sediments from the waters Revival of oysters will significantly contribute to improving the water quality • Sustainable concepts are fully integrated into the design of the facility • Removal of buildings and pavement decreases stormwater runoff, alleviating backed up storm sewers and local flooding • Converts site from brown to green by recycling 90% of non-hazardous materials from site demolition • Abundant interior natural light, high indoor air quality and fully landscaped site • Natural light provides energy conservation as well as a healthy, vibrant indoor environment for students to excel and move into a productive community life May 11, 2010 Renaissance Academy Outstanding Recognition -4- CITY MANAGER `SBRIEFING ENVIRONMENTAL STEWARDSHIPAWARDS ITEM # 59894 (Continued) Pupil Transportation Maintenance Facility Va Beach Public Schools Significant Achievement Cutting-edge Items Windmills Solar Panels Green Roof Practical Features Water recycling system for washing vehicles Engineered meadowlands protect/enhance wildlife Restoration of native areas Pupil Transportation Maintenance Facility Va Beach Public Schools Reduces heat island effect with: • Light colored concrete paving • White roof • Green roof ~~ ~ ""' ~ ~~°" • Stormwater bioretention system .w _ -~-- .g° ~ is an aesthetic amenity ~. .:_ _~ _' System is shaped to be longer in «,~,_...~.,~.•,.~.,~,., the direction of flow for maximum filtration benefit ~_~ ..~-: May 11, 2010 -5- CITY MANAGER `SBRIEFING ENVIRONMENTAL STEWARDSHIP AWARDS ITEM # 59894 (Continued) Virginia Beach Middle School Revitalization of Beach Garden Park Significant Achievement • Constructed utilizing LEED Principles and will receive a Gold Certification Virginia Beach Middle School • Existing site of the former Virginia Beach High School which consisted of the original building, a network of sidewalks, entry plazas, supporting parking and roadway system • In order to replace the school, it was necessary to consume the full site for construction • Athletic fields could no longer be used for activities Beach Garden Park '~r Almost completely surrounded by ~r.+ :~~'~ ~ tidal wetlands and Little Neck Creek I l " ~ Rain Garden Bio-retention basins f and pervious pavers in paved ;~i ' ® ~ 121a P¢OPOS[~0 lEnCN fARU[!r ~•RI( lCYITAL17.ATION • Formerly a landfill and abandoned septic treatment site • All stormwater runoff will be captured and used on site parking areas reduce runoff • Re-filling and re-grading the site created athletic fields and a nature walk Pertect example of redevelopment that lowers carbon. footprint and improves water quality May 11, 2010 -6- CITY MANAGER `SBRIEFING ENVIRONMENTAL STEWARDSHIPAWARDS ITEM # 59894 (Continued) Convergence Center Significant Achievement Convergence Center • The project incorporates Thalia Creek Greenway Master. Plan by establishing a nature walk within the buffer '.~°- V ~, ~ ~(_~ ~ \ S{ - ~ w 4 fi^ - _ih 4' S)-' i j d f ,.~ ~--~ Implementation f ~ ~AP2(61BfSi11~iS- ~^~ ~ _ ~1ti ~~ ~'~, Y ~v. r ~ ,~ fr. ~ , ._~~ y~• F .:.,`~, ___ _ May I1, 2010 • Strategically located undeveloped site was contaminated and situated along a valuable stretch of tidal saltwater creeks, ditches and wetland areas • Becoming a natural oasis multi-tenant office park within Town Center urban core -~- CITY MANAGER `SBRIEFING ENVIRONMENTAL STEWARDSHIPAWARDS ITEM # 59894 (Continued) Sago Farms Significant Achievement Located along the Lake Lawson shoreline Creates a unique blend of formality and natural setting Sago Farms • Stormwater will be treated on-site and then released to the adjoining waterway • Buffers maintained around the waterway will help sustain the quality of the water in the lakes • Wildlife and vegetation were identified as preservation areas Sago Farms Preservation of a Champion Black Oak tree Fallen trees and rotting logs remained in the interest of wildlife habitat May 11, 2010 -8- CITY MANAGER `SBRIEFING ENVIRONMENTAL STEWARDSHIPAWARDS ITEM # 59894 (Continued) Mathews Green Significant Achievement • Low impact development design style preserving 17 acres of trees and forest • BMP/detention ponds were constructed on the developed portion of the site to reduce the rate of stormwater discharge and promote water quality • Protection of existing wetlands and forest • Parks and larger urban forest areas are strategically placed within the community Great Neck Middle School Significant Achievement ffi~II's~~ L"L'~ ;mot! ~- ~~~'r~t-m jP Building footprint maximizes open space and minimizes impervious surfaces May 11, 2010 -9- CITY MANAGER `SBRIEFING ENVIRONMENTAL STEWARDSHIP AWARDS ITEM # 59894 (Continued) Great Neck Middle School • High performance "Green "building designed for LEED Gold certification • Landscape designed to promote buffers of natural planting materials • High energy conservation for both economic and environmental stewardship • Exterior light shelving placed according to solar orientation and desirable interior light levels • Electrical distribution rooms strategically placed to reduce wire sizes, voltage drop, etc etra which overall reduces energy used May 11, 2010 -10- CITY COUNCIL LIAISON REPORT ITEM # 59895 3:38 P.M. BIKEWAYS AND TRAILS ADVISORYCOMMITTEE Councilman DeSteph, Liaison -Bikeways and Trails Advisory Committee, referenced the Committee's meeting on Monday, May 10, 2010. The Committee is going to attempt to push forward certain Legislative items as they did last year. The Committee is researching the Greenway. Councilman DeSteph referenced the "Wounded Warriors" Ride in January, which will end at the Atlantic Ocean in Virginia Beach. This will be a spectacular event and the Riders are attempting to involve more groups. May 11, 2010 -11- A GENDA REVIEW SESSION ITEM # 59896 3:44 P.M. BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS Ordinance to AMEND ~2-4 of the City Code re Worker's Compensation for Volunteer public safety in Police, Fire and Rescue 2. Resolution in RECOGNITION of 40 years of service by Mary Russo 4. Ordinance to A UTHORIZE the City Manager to execute a Second Amendment to the March 26, 2003, Purchase Agreement with LifeNet to extend the purchase price option to December 10, 2010 5. Ordinance to AUTHORIZE the City Manager to ACCEPT bids for the lease of City property at 1900 Sandbridge Road (Red Mill Farm Park) re telecommunications facilities Ordinance to AUTHORIZE the City Manager to GRANT a Franchise Agreement to Bounce House, LLC to operate a waterslide on the sandy beach adjacent to the 24`" Street Stage 7. Ordinance to AUTHORIZE the City Manager to GRANT a Franchise Agreement for an Open Air Cafe for Majd and Bouhzam, LTD t/a 204 Grill Cafe at 204 22nd Street 8. Ordinance to AUTHORIZE acquisition of the public right-of--way at 3107 Bray Road from KATHRYNN. BYLER in order to remove a hazardous tree 9. Ordinance to DESIGNATE The Organization Against Injustice and Social Malpractice (TOAISM) as EXEMPT from local Personal Property Taxation 10. Ordinance to A UTHORIZE temporary encroachments into a portion of City-owned rights-of--way for JOHN R., JR. and DENIZ MURRAY to construct a pier and maintain an existing riprap at 4209 Battery Road (DISTRICT 4 - BAYSIDE) 11. Ordinance to ACCEPT and APPROPRL4TE $44, 250 in grant funds from the Department of Homeland Security and $14, 750 in a local match from the 2008 Port Security Grant Program to the FY2009-10 Fire Budget re equipment and training for the Marine Team May 11, 2010 -12- A GENDA REVIEW SESSION ITEM # 59896 (Continued) Councilman DeSteph wished to REMOVE from the Agenda: a. FY 2010-11 Operating Budget 14) AMENDMENT to the City Code re fees for the impoundment of animals The balance of $1,948 should be taken from the Reserve for Contingencies. May 11, 2010 -13- A GENDA REVIEW SESSION ITEM # 59896 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for DRESCHER DEVELOPMENT/GEORGE M. DAMS, III, re lot width at Prosperity Road and Park Place Drive (DISTRICT 6 -BEACH) 2. Application of STUDIO EVOLVE, LLC/MT. TRASHMORE OFFICE for a Conditional Use Permit re a tattoo studio at 512 South Independence Boulevard, Suites 200-202 (DISTRICT 3 - ROSE HALL) 3. Application of GREATER HOPE OF DELIVERANCE MINISTRIES/PHUONG NHON NGUYEN for a Conditional Use Permit re religious use at 3692 South Plaza Trail No.2 (DISTRICT 3 -ROSE HALL) 4. Application of INTERNET MARKETING TRAINING CENTER, INC./DAVID BYLER for a Conditional Use Permit re a Vocational School at 512 South Independence Boulevard (DISTRICT 3 -ROSE HALL) S. Application of REGENT UNIVERSITYfor a Conditional Use Permit re religious uses at 1000 Regent University Drive (DISTRICT 1- CENTERVILLE) 6. Application of BRIDGEWAY COMMUNITY CHURCH/BLANFORD PARTNERSHIP for a Conditional Use Permit re religious uses at 752-758 Independence Boulevard (DISTRICT 4 - BAYSIDE) 7. Application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES/NEWTOWNSQURRE ASSOCIATES, LLCfor a Conditional Use Permit re religious use at 544- Newtown Road, Suite 118 (DISTRICT 2 - KEMPSVILLE) 8. Application of CITY OF VIRGINIA BEACHfor a Chan~ofZonin~ District Classification from R-40 Residential District to P-1 Preservation District at 4337 Country Club Circle (1'horoughgood House) (DISTRICT 4 - BAYSIDE) 9. Ordinance to AMEND the Comprehensive Plan re Parkway Typical Sections, Primary Roadway Network Plan Map and the ADOPTION of the Major Street Network Ultimate Rights-of--Way May I1, 2010 -14- ITEM # 59897 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public off cers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY.• Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Rose Hall District Beach District Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 3: SO P.M. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto [Council Lady Bellitto's father, John W. "Jack" Sweet, Sr. passed away on Friday, May 7, 2010. Funeral in Pennsylvania today) William R. "Bill " DeSteph (Closed Session: 3: SO P.M. - 4:30 P.M.) (Break: 4:30 P.M. - 5:00 P.M.) (Dinner: S: 00 P.M. - 5:40 P.M.) May 11, 2010 -15- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 11, 2010 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 11, 2010, at 6.•00 P.M. Council Members Present.• Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: Rita Sweet Bellitto [Council Lady Bellitto's father, John W. Sweet, Sr. "Jack" passed on Friday, May 7, 2010 INVOCATION: Reverend Tommy Taylor Pastor, Retired PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to ident~ any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. May 11, 2010 -16- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of 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 ident~ing 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 ident~ing 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 I1, 2010 -17- Item V--E.1 CERTIFICATION ITEM # 59898 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill "DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #59897, Page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach Ciry 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. .~ uth Hodges Fraser, MMC City Clerk May 11, 2010 -18- Item V-F.1 ITEM # 59899 Upon motion by Councilman DeSteph, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the SPECIAL SESSION of April 22, 2010 and INFORMAL and FORMAL SESSIONS of April 27, 2010. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill "DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -19- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59900 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 11, 2010 -20- Item V-G.1. MAYOR'S PRESENTATION RESOL UTION IN RECOGNITION ITEM # 59901 Mayor Sessoms PRESENTED: RESOL UTION IN RECOGNITON TO MARYRUSSO Mary Russo has been a dedicated, tireless Volunteer, serving the City of Virginia Beach for over Forty years. In 1974, Mary Russo began her "volunteer" service as an Appointee by Governors Holton and Godwin to serve on the Virginia Drug Abuse Advisory Council which she did for three years. At the same time, Virginia Beach City Council appointed Mary to the United Drug Abuse Council and Regional Planning Organization for Drug Abuse Services where she served as the Chair through 1977. She served as a Member of the Virginia Beach Community Services Board 1972-78 and as Chair 1976-78; In 1978, Mary became the first Coordinator of the Volunteer Council when she was appointed to the position by the City Council; Mary attended Dumbarton College of the Holy Cross in Washington, D. C., Parson's School of Design and graduated from Virginia Commonwealth College in 1948. She has trained in CPR, Volgistics, Volunteer Works, Disaster Preparedness, Reality Therapy, Crisis Intervention, Drug Focus, Grantmanship Funding, as well as Long Term Care. She has been honored by numerous appointments to various national, state and local Boards and Commissions, Educational Committees, United Way agencies, Human Services agencies, Virginia Federation of Women's Clubs, Justice for Juveniles and many others. She was named "First Citizen of Virginia Beach" in 1970, Cox Cable's "Great Citizen of Tidewater" in 1985, Rotary International's "Paul Harris Fellow" in 1997 and "Community Servant of the Year" by the American Legion Department of Virginia Beach ,Post 110 in 2002 and the 2009 Freedoms Foundation At Valley Forge Certificate of Merit for National Awards Program Adult Community Category among many, many other awards; Mary left her position for a while, but when volunteerism suffered as a result, she was encouraged to come back. Through her vision, original concepts, foresight, untiring efforts, dedication and tireless energy, the Volunteer Council has thrived and grown to more than thirty departments, over 18, 000 Volunteers who have recorded over 1.3-Million hours valued at over $18.5-Million - -equivalent to three Volunteers for every paid position; and, Mary met the challenge in a personal request from Mayor Tsumura, (our Sister City of Miyazaki, Japan) to train his departmental staff and citizens alike in the true meaning and concept of "Volunteerism ". For three years, various representatives of Miyazaki, City came to Virginia Beach to train and learn the meaning of giving of oneself to enrich the lives of many others. May I1, 2010 -21 - Item V-I.1. PUBLIC HEARING ITEM # 59901 Mayor Sessoms DECLARED A PUBLIC HEARING: FY 2010-2011 RESOURCE MANAGEMENT PLAN FY 2010-2011 Operating Budget FY2010-2011 Capital Budget The following registered to speak.' Dominic Melito, 4410 Segovia Court, Phone: 729-5672, President -Virginia Beach Education Association, advised the main reason Virginia Beach is such a great place to live is because of our School system and its importance. Schools have received accolades for their successes. Those successes are also due to the participation of our parents in the lives of their children and their help in volunteering and supporting the School system. Together, the parents and Schools make a great team. Mr. Melito expressed concern re City Council taking Reserve Funds for the second year in a row from the School Board Budget. Susan Edelson, 5328 Denver Drive, Phone; 479-3661, Special Education Teacher Assistant -College Park Elementary School. Ms Edelson requested City Council not remove the $8.8-Million from the Virginia Beach School Budget. Last year, City Council took $8.9-Million, which was supposed to be a "one-time deal ". Ms. Edelson has just commenced her 19`" year with the School System. She earns $19, 842. Ricardo Leacraft, 3502 Argo Court, Phone: 228-0800, represented the S`" Grade Class of Bayside Elementary. Mr. Leacraft requested the City Council vote " No " to utilizing educational funds to build an animal shelter and recreation center. The students do not need larger class sizes. There are enough students in each class. Teachers 'salaries should not be cut. As a Boy Scout, he has assisted in raising funds for many worthy causes. Sabrina Gray, 3503 Argo Court, Phone: 228-0800, Member of the Planning Council - Landstown Elementary School, advised there are funds to accommodate the needs of an animal shelter and recreation center. The Reserve Education fund is only for educational needs. Transferring $8.8-Million from the Educational Reserve Fund to build an animal shelter and recreation center is not in the best interest of our children or their future. The City must invest in education to improve the current existing resources. Jimmy Frost, 2240 Wyndham Place, Phone: 343-6768, advised Virginia Beach Public Schools currently spends $11, 000 per year per child on education. The current animal shelter is not in compliance with Section 3.26548K of Virginia State Code and the City could be subject to civil penalties of up to $1, 000 per day per violation. There are 69, 469 students in Virginia Beach Schools and the $8.8-Million, which was never going to the classrooms, comes out to $126 per child. If City Council were to adopt the budget recommendations of Councilman DeSteph and Council Lady Bellitto, a new shelter can be built, municipal employees jobs can be protected and the tax rate kept at the current level. May 11, 2010 -22- Item V-I.1. PUBLIC HEARING ITEM # 59901 (Continued) Lisa White, 1801 Loganberry Court, Phone: 449-8116, mother of three (3) children, ages 5, 7 and 9. All have been identified as gifted. Ms. White spoke in OPPOSITION to utilizing the $8.8-Million Reserve originally slated for the children's schools. Ms. White has witnessed the negative impacts of the $8.9- Million taken from the children's schools last year. It is a misconception that the gifted children do not need extra resources. Diane Gillespie, 710 Winston Sale Avenue, Phone; 437-1422, spoke re compromise on funding. The City still is utilizing the $8.8-Million from Schools. Leave the funds with the Schools. Nancy Savenko, 1001 Consolvo Court, Phone: 412-4974, lives, pays taxes and teaches in Virginia Beach. There are fourteen (14) States in the United States currently on the verge of bankruptcy. As taxpayers, City Council was requested to have their fiscal house in order. Ms. Savenko urged City Council vote "No "and not take funds from the Schools. Lee Hicks, 1529 Lord Tennyson Arch, Phone; 748-0444, Senior -First Colonial High School, SCA Vice President and concerned voter. Mr. Hicks spoke in opposition to the City utilizing $8.8-Million from Schools. Diana Foley, 4912 Olive Grove Lane, Phone: 473-0297, requested City Council not remove the $8.8- Million from the Virginia Beach School Budget. Leigh Penner, Phone: 376-2386, expressed appreciation for allocation of funds re construction of a new Animal Shelter. Sonya Benshoff, Phone: 515-0699, current Teacher in Virginia Beach, spoke in opposition to the City utilizing $8.8-Million from Schools. George Bryant, 2320 Dodd Drive, Phone; 481-3309, resident of Wolfsnare Plantation for many years, requested if City Council chooses to return the $8.8-Million to the School Board, he trusts spending cuts will be made to balance the budget rather than raising tax rates. The City needs to deal with essentials. Mary Voss, 380 Criollo Drive, Phone: 301-2390, Treasurer -Virginia Beach Council of PTA 's, spoke in support of teachers, students, staff, Dr. Merrill and the Virginia Beach City School Board, as well as 36, 000 taxpayers, members of the Virginia Beach School's PTA's. An injustice is being committed and requested City Council not remove the $8.8-Million from the Virginia Beach School Budget. Karen Mallard, 1748 Capstone Court, Phone: 430-8605, Parent and Educator, City Council not remove the $8.8-Million from the Virginia Beach School Budget. Ms. Mallard tutors students in an After School Program Recovery 180. This is a new program and has been a phenomenal success. This program was funded by a two (2) year grant which expires in 2011. Funding will be needed to continue in 2011 and 2012. Over one-half of her students are Special Education Students May I1, 2010 - 23 - Item V-I.l. PUBLIC HEARING ITEM # 59901 (Continued) Amanda Johnson, 556 Caren Drive, Phone: 667-8214, accompanied by classmates, Charlie, Katie and Tyler, as representatives for Princess Anne High School 's International Baccalaureate Program. The students requested the City invest in their future. Beverly Anderson, 2105 Commodore Court, Phone: 481-5292, requested City Council not remove the $8.8-Million from the Virginia Beach School Budget. John Moss, Chair -Virginia Beach Taxpayer's Alliance, advised "the Good, the Bad and the Ugly, describes the proposed Budget. A majority of City Council, because of Councilman DeSteph, has rejected the City Manager's Budget. Mr. Moss requested City Council not remove the $8.8-Million from the Virginia Beach School Budget. VBTA does support the Animal Shelter, but utilizes competitive bidding. Alicia Fernandez-Bobolinski, 990 Kelso Court, Phone: 375-8195, requested City Council not remove the $8.8-Million from the Virginia Beach School Budget. Petey Browder, 1204 Shawn Drive, Phone: 773-6732, requested the City Council not transfer funds from the School Board. 29% of the students are on free or reduced lunches. Beth Allen, 727 Simpkins Lane, Phone; 227-9953, advised for many months City Council floated the idea of a tax increase to support a revenue neutral budget; however, when the City Manager incorporated a tax rate increase into his budget proposal, the public objected and the idea was quickly abandoned. Ms. Allen requested City Council not remove the $8.8-Million from the Virginia Beach School Budget. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. May 11, 2010 -24- Ite~re V-I.2. PUBLIC HEARING ITEM # 59902 Mayor Sessoms DECLARED A PUBLIC HEARING: OPENAIR CAFE LEASE 204 Grill Pizza - 204 22"d Street There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. May I1, 2010 - zs - Item V-I.3. PUBLIC HEARING ITEM # 59903 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY Bounce House, LLC-"Waterslide" 24`" Street Beach There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. May I1, 2010 -26- Item K. ORDINANCES/RESOLUTIONS ITEM # 59904 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items K.1, 2, 4, S, 6, 7, 8, 9, 10 and 11 of the CONSENT AGENDA. Voting. 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -27- Item K.1. ORDINANCES/RESOLUTIONS ITEM # 59905 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND ~2-4 of the City Code re Worker's Compensation for Volunteer public safety in Police, Fire and Rescue Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 AN ORDINANCE TO AMEND SECTION 2-4 2 OF THE CITY CODE PERTAINING TO 3 RECOGNITION OF POLICE, FIRE 4 COMPANIES AND RESCUE SQUADS AS 5 PART OF PUBLIC SAFETY PROGRAM 6 7 SECTION AMENDED: § 2-4 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 2-4 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 15 Sec. 2-4. Recognition of police, fire companies and rescue squads as part of 16 public safety program. 17 18 The following city departments, police agencies and chartered and nonchartered 19 fire companies and rescue squad organizations are recognized and acknowledged to be 20 an integral part of the official public safety program of the city, and in gratitude to and in 21 recognition of the valuable and necessary services performed by the volunteer 22 firefighters, volunteer lifesaving or rescue squad members, volunteer law-enforcement 23 chaplains, auxiliary police, volunteer emergency medical technicians, members of 24 volunteer search and rescue organizations, and volunteer members of community 25 emergency response teams, volunteersing for the following organizations shall be 26 deemed employees for the purposes of the Virginia Workers' Compensation Act: 27 28 Blackwater Volunteer Cir° n°^,r+.,,°n+ °^,~ Rescue Squad, Incorporated. 29 Chesapeake Beach Volunteer Fire and Rescue Department, Incorporated. 30 Creeds Volunteer Fire Department and Rescue Squad, Incorporated. 31 Davis Corner Volunteer Fire Department and Rescue Squad, Incorporated. 32 33 Kempsville `/^~~ Rescue Squad, Incorporated. 34 L~nd~--B~idg° `/r`I~~n+°°r G~r° n°nor+m°n+ Innr~rn^ro+°r! 35 Ocean Park Volunteer Fire and Rescue Unit, Incorporated. 36 Oceana Volunteer Fire Department, Incorporated. 37 Plaza Volunteer Fire Company and Rescue Squad, Incorporated. 38 Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, 39 Incorporated. 40 Sandbridge Rescue and Fire, Incorporated. 41 Thalia Volunteer Fire Department, Incorporated. 42 Virginia Beach Auxiliary Police. 43 \/ir..inio R°onh Rnr^i ~nh V^I~ ~n+°°r Cir° n°nor+m°n+ Innr~rnnr~+°r! t 44 Virginia Beach Rescue Squad, Incorporated. 45 Virginia Beach Volunteer Law Enforcement Chaplains and Chaplains' Aides. 46 Virginia Beach Volunteer Water Rescue Team, Incorporated. 47 Virginia Beach Department of Emergency Medical Services. 48 Virginia Beach Fire Department. 49 Virginia Beach Office of Volunteer Resources. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11tH day of May, 2010. -28- Item K.2. ORDINANCES/RESOLUTIONS ITEM # 59906 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Resolution in RECOGNITION of 40 years of service by Mary Russo Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rita Sweet Bellitto May 11, 2010 ~esnlu#inn `WJFEgj,E` AS: Mary ~izsso gas been a de~catecC, tireless ~Vofunteer, serving tCze City of 'f~irginia Beacfi for over Forty years. hz 1974, Mary l~,usso began her "voCunteer" service as an appointee by Governors Jfoltm: mtd Godwin to serve on the 'Virginia DrugAhuseAdvisory ~ounciCwfiicl: sfie did for tgree years. At tl:e same time, 'Virginia Beacg City ~'ouncilappoirzteQ Mary to t(:e united DrugAhuse !'otnlciCand 2~egiorraC4'lanning Organizatior: for Drug Agztse Services wC:ere sge served as tge Clair tgrougfi 1977 She served as a Memger of tfie `Virginia Beacg Community Services Board 1972-78 and as Cgair 1976-78,• `G113CE~EA.Sr In 1978, Mary became tfie first Coordinator of the `Volunteer Cour:cil when sl:e was appointed to the position 6y the City Council,• `W.ICE2~AS: Mary attendedDunhartou CoClege of tge7foCy Cross in `Washington, D.C., 4'arson'sSc(:ooCaf Design arrd graduated from `Virginia CommonweaCtg CoCCege in 1948. Sge gas trainea' in Cam, `VoCgistics, `Volunteer `Worl~g Disaster 4'reparedi:ess, 12eaCty ~erapy, Crisis Intervention, Drug rFoclts, Grantmanship rFunding, as welCas Long Tenn Care. Sge gas been (torzored 6y numerous appointments to various nationaC, state and CocaCBoards and Commissions, tEducationaCConnnittees, ~nited`Way agencies, Yuman Services agencies, 'Virginia rFederation of `Women's CCuhs, ,justice for JuveniCes andmany others. `W31rE4j;Et7S: Sge was named "First Citizen of `Virginia Beacg" iu 1970, CoX CahCe's "great Citizen of Tidewater" is 1985, 12otary hrternatia:aCs "rPauC7fanis rF'eCCow° in 1997 and "Community Servant of tge ~2'ear° 6y tge American Legion Department of 2/irgirtia Beach , rPost 110 in 2002 arrd tge 2009 Freedoms rFourtdatfort At 4~aCley 'Forge Cert~'cate of JKerit fctr 1'atiataCAwards <PrograrnAduCt Cornmuuity Category among many, marry otherawards: `WJpp~` AS: Mary Ceft ger position for a while, but wC:en voCunteerism suffered as a resuCt, sge was encouraged to come 6acCt, trough her vision, originalconcepis foresig/it, untiring efforts, dedicatzbn and tirelss energy, tl:e `VoluuteerC'ourtciC fzas thrived and grown to more than t(:irty departments, over 18,000 Volunteers wlza gave recorded over 1.3-MiC!'ou hours valued at over $18.5-MiCfion - -equivalent to three ~VoCunteers for every paziCpositz'on; and, `W11ERrEAS: Mary met tge cgaCCenge in a personal request f*om Mayor7sumura, (our Sister City of S4liyazal~; Japanl fo train f:is departmentaCstaff and atzzens alike zn tfie true meannzg arrd concept of "'VoCunteerism". rFor tfiree years, variouu representatives of Miyazaki, City came to 'Virginia Beaclr to train and learn t(:e meaning ofgiving of oneseCf to enrich tl:e g'ves of many otfiers. NO'W, cll`irE~~'O~; BrE 17~SOL`NEtD: ~Zgat the `Virginia Beacg City CounciC, and every citizen, recognize Mary 4Z,usso's ~Fotzy years of de~'catedservice arzd l:er untiring efforts to make `Virginia Beach a "conurtunity for a Lifetime ". Cjiweu ur:derairhands andseals this Iles day ofSKay, 2010: urtciCLady [vita Sweet Belittn C'ounciCman i -~ ~~ Councihrwu ' CCiam ~R `~ z! ' ~D~St p(t FouSr~~ci~~Cn~~~~ ~~7 ~~ ~~~6ddJK-L1 J ucilinan ~,oge ~~f. "Bog"Dyer CounciCLady - '~ ~ Z/ice ayorLouis .Janes (,D cilman,% ~~~ ~\ \ CounaTLady~osema 4'Viisoa ~ Cottrtc~inan) ~; Davis D. Zlhrirz G. `Wood Mayor`WiCCzam'D. "`GViCC'Sessoms,,%r. -29- Item K.4. ORDINANCES/RESOLUTIONS ITEM # 59907 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to execute a Second Amendment to the March 26, 2003, Purchase Agreement with LifeNet to extend the purchase price option to December 10, 2010 Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: Rita Sweet Bellitto May I1, 2010 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A SECOND 3 AMENDMENT TO THE PURCHASE AGREEMENT 4 BETWEEN THE CITY AND LIFENET 5 6 WHEREAS, the City of Virginia Beach (the "City") as Seller, and LifeNet, a 7 Virginia non-stock corporation ("LifeNet"), as Buyer, are parties to a certain Agreement 8 of Sale (the "Purchase Agreement") dated March 26, 2003, relating to a 15.82 acre 9 parcel of real property and a 6.57 acre parcel of real property (the "Option Parcel"), 10 located in the City of Virginia Beach; 11 12 WHEREAS, the City and LifeNet entered into a First Amendment to Agreement 13 of Sale on July 9, 2008; 14 15 WHEREAS, LifeNet's option to purchase the Option Parcel currently expires on 16 June 10, 2013; 17 18 WHEREAS, the purchase price for the Option Parcel from June 11, 2003 19 through June 10, 2010 is One Hundred Twenty Five Thousand and 00/100 Dollars 20 ($125,000) per acre, with an annual escalator based on the Consumer Price Index (the 21 "Year 1-7 Purchase Price"); 22 23 WHEREAS, the purchase price for the Option Parcel from June 11, 2010 through 24 June 10, 2013 is the fair market value of the Option Parcel; 25 26 WHEREAS, LifeNet and City Staff have requested that the Year 1-7 Purchase 27 Price be extended by six (6) months until December 10, 2010 so that LifeNet can 28 develop and finalize its expansion plans; 29 30 WHEREAS, the City Council is of the opinion that the Second Amendment to the 31 Purchase Agreement is in the best interests of the City of Virginia Beach. 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a Second Amendment to 37 Purchase Agreement amending the Purchase Agreement in accordance with the 38 Summary of Terms attached hereto and such other terms and conditions deemed 39 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 40 City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the ~ ~ th day of 43 MaY , 2010. APPROVED AS TO LEGAL SUFFICIENCY AND FORM Signature CA11418 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D028\P008\00053700.DOC R-1 APPROVED AS TO CONTENT //, L~-~ ~ % Signature Department April 28, 2010 SUMMARY OF TERMS An Ordinance Authorizing the City Manager to Execute a Second Amendment to the Purchase Agreement Between the City and LifeNet SELLER: City of Virginia Beach (the "City") PURCHASER: LifeNet Health (f/k/a LifeNet), a Virginia non-stock corporation ("LifeNet") OPTION PARCEL: Approximately 6.5 acre parcel of land located adjacent to current LifeNet parcel and located at the intersection of Concert Drive and Princess Anne Road in Virginia Beach, Virginia OPTION EXPIRATION DATE: PURCHASE PRICE: LifeNet's right to purchase the Option Parcel expires on June 10, 2013. The current purchase price of the Option Parcel is $125,000 per acre plus an annual escalator based on the Consumer Price Index, and such price is currently set to expire on June 10, 2010. If LifeNet exercises its option to purchase the Option Parcel after June 10, 2010, then the purchase price becomes the fair market value of the Option Parcel. The Second Amendment would extend the current purchase price to expire on December 10, 2010 (six months after the current expiration date). If LifeNet exercises its option to purchase the Option Parcel after December 10, 2010, then the purchase price becomes the fair market value of the Option Parcel. 11vb~ov.com\DFS 1 Wpplicatioas\CityLawProd\cycom32\Wpdocs\D028\P008\00053701.DOC -30- Item K.S. ORDINANCES/RESOLUTIONS ITEM # 59908 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to ACCEPT bids for the lease of City property at 1900 Sandbridge Road (Red Mill Farm Park) re telecommunications facilities Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: Rita Sweet Bellitto May I1, 2010 1 AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF 2 A PORTION OF THE CITY PROPERTY LOCATED AT 1900 3 SANDBRIDGE ROAD (RED MILL FARM PARK) FOR THE 4 PURPOSE OF CONSTRUCTING, MAINTAINING AND 5 OPERATING WIRELESS TELECOMMUNICATIONS 6 FACILITIES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That there shall be granted, in the mode prescribed by Article 1, Chapter 21, Title 12 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a 13 lease of property more fully described in the attached document entitled "Communication 14 Tower Lease Agreement (Red Mill Farm Park), City of Virginia Beach, Lessor, and 15 ,Lessee," for the purpose of constructing, maintaining and operating 16 wireless telecommunications facilities, including, but not limited to, antennas, connecting 17 cables and appurtenances and for the construction, maintenance and operation of an 18 accessory building housing equipment to be used in conjunction with the aforesaid 19 facilities. 20 21 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That upon approval of this Ordinance by the City Council, it shall be the duty of the 25 City Clerk to cause to be advertised once per week for two successive weeks, in a 26 newspaper having general circulation in the City, a descriptive notice of the proposed 27 ordinance granting such lease, and in addition the Clerk shall, by such advertisement, 28 invite bids for the privileges and rights proposed to be granted by such ordinance, which 29 bids shall be in writing and shall be delivered to the Mayor, or in the absence of the Mayor, 30 to the Vice-Mayor, in open session at the day and hour specified in such advertisement, 31 which bids shall then be presented to the City Council by the Mayor, or in the absence of 32 the Mayor, by the Vice-Mayor, to be dealt with and acted upon in the manner prescribed by 33 law. Such advertisement shall expressly reserve the right to reject any and all bids, and 34 the successful bidder shall be required to pay all costs of advertising such ordinance in 35 addition to all other sums required under such lease. Adopted by the Council of the City of Virginia Beach, Virginia, on the 111-h day of May , 2010. APPROVED AS TO CONTENT: ,. .. ~ .. Dept ~f P Recre ion ~~_... APPROVED AS TO LEGAL SUFFICIE CY: '',,~~qq ~ ~- ~'v(~,< City Attorney's Office CA11507 R-1 April 27, 2010 -31- Item K.6. ORDINANCES/RESOLUTIONS ITEM # 59909 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to GRANT a Franchise Agreement to Bounce House, LLC to operate a waterslide on the sandy beach adjacent to the 24`" Street Stage Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 1 AN ORDINANCE GRANTING A FRANCHISE TO ALLOW 2 THE OPERATION OF A WATERSLIDE ON THE SANDY 3 BEACH ADJACENT TO THE 24T" STREET STAGE 4 5 WHEREAS, the Strategic Growth Area Office ("SGAO") determined that it would 6 be beneficial to the City to operate a waterslide on the sandy beach adjacent to the 24tH 7 Street Stage in the Resort Area oceanfront; and 8 9 WHEREAS, to that end, the City issued an Invitation to Bid on March 12, 2010; 10 and 11 12 WHEREAS, the City received six responses to the solicitation, and selected 13 Bounce House, LLC ("Bounce House") as the highest responsive and responsible 14 bidder; and 15 16 WHEREAS, Bounce House is a Virginia limited liability corporation that has been 17 in existence for two years and provides indoor and outdoor inflatable playgrounds; and 18 19 WHERERAS, the term of the proposed franchise is from May 1, 2010 through 20 October 1, 2010, and the franchise may be renewed for up to four (4) additional one- 21 year renewals upon the mutual written consent of the City and Bounce House; and 22 ~3 WHEREAS, Bounce House will pay the City an initial franchise fee of one 14 hundred and six thousand seven hundred dollars ($106,700); and 25 26 WHEREAS, the SGAO recommends that Bounce House be granted a franchise 27 agreement for the term of May 1, 2010 through October 1, 2010, with the possibility of 28 up to four one-year renewals upon mutual consent of the City and Bounce House. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby grants a franchise agreement to Bounce House, 34 LLC for the period of May 1, 2010 through October 1, 2010, with the possibility of up to 35 four one-year renewals, subject to the terms and conditions of the franchise agreement 36 and all applicable ordinances, resolutions, and regulations, to allow the operation of a 37 waterslide on the sandy beach adjacent to the 24th Street stage in the Resort Area, and 38 authorizes the City Manager or his designee to execute a franchise agreement with 39 Bounce House, LLC for said purpose. Adopted by the Council of the City of Virginia Beach, Virginia on they ~ thday of May, 2010. APPROVED AS TO CONTENT: Strategic Growth Area Office CA11503 R-1 April 26, 2010 APPROVED AS TO LEGAL: SUFFICIENCY /•1 ~ ~ ,..---- City Attorney's ffice Summary of Terms Franchise Agreement to Operate a Waterslide in the Resort Area Franchisee: Bounce House, LLC Nature of Franchise: Operate a waterslide on the sandy beach adjacent to the 24t" Street stage in the Resort Area. Term: May 1, 2010 through October 1, 2010. Agreement may be renewed upon mutual written agreement of the parties for up to four (4) additional like terms. Franchise Fee: $106,700 for the initial term. If franchise is renewed, City can increase franchise fee in an amount not to exceed 5% of the franchise fee for the most recent term. Non-Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Bond: Franchisee shall provide performance bond or letter of credit to City in the amount of $2500. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: • All equipment used for the waterslide service shall be maintained in good working order and shall be aesthetically pleasing. • Waterslide operators shall be employees of the Franchisee. • Franchisee shall comply with all requirements and criteria set forth in the Hippo Owner's Manual. • The waterslide shall be deflated, folded, and stored on the premises each evening after closing. • Franchisee may erect a ten (10) foot by ten (10) foot canopy on the premises to accommodate ticket sales during hours of operation of the waterslide service. Canopy shall be folded and stored on the premises each evening. • Waterslide operators shall be present on the premises at all times during operation. • Franchisee shall provide to each of its employees attire which appropriately identifies the waterslide service. Attire shall be approved by the City's Resort Administrator. • Franchisee shall submit to the City's Resort Administrator an operational plan. • Franchisee's employees shall not sell, solicit, offer, distribute, or provide any information in connection to time shares, vacation packages, lodging accommodations, hotels, etc. • No advertisements, other than the name of Franchisee, fee for use, and the location of the waterslide service shall be placed or maintained by the Franchisee on or in the premises. • Franchisee shall not permit any type of motor vehicle on the premises unless prior written approval is received from the City's Resort Administrator. • Franchisee may use the City's water and electricity service for operation of the waterslide service, and shall reimburse the City for such usage. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $2,000,000 combined single limits. Termination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. -32- Item K. 7. ORDINANCES/RESOLUTIONS ITEM # 59910 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE the City Manager to GRANT a Franchise Agreement for an Open Air Cafe for Majd and Bouhzam, LTD t/a 204 Grill Cafe at 204 22"d Street Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent. Rita Sweet Bellitto May 11, 2010 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OPEN AIR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic 10 Avenue between 15t" and 24t" streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 14 20t" and 23~d Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 18 15t" and 24t" Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one- 21 year terms; and 22 23 WHEREAS, if an open air cafe is successfully operated during the initial one- 24 year term, the franchisee may return to Council and request afive-year franchise 25 agreement; and 26 27 WHEREAS, Majd &Bouhzam, LTD, t/a 204 Grill Cafe, is seeking aone-year 28 franchise agreement for operation of an Atlantic Avenue Side Street Cafe located at 204 29 22"d Street; and 30 31 WHEREAS, the Convention and Visitors Bureau recommends that the above- 32 named entity be granted an open air cafe franchise agreement. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH: 36 37 That the City Council hereby grants aone-year franchise agreement to Majd & 38 Bouhzam, LTD, t/a 204 Grill Cafe, subject to the terms and conditions of all ordinances, 39 resolutions, and regulations applicable to open air cafes. 40 41 Adopted by the City Council of Virginia Beach, Virginia on this ~ ~ th day of May, 42 2010. Approved as to Content: Approved as to Legal Sufficiency: SGA/Resort Management Office City Attorney's Office - 33 - Item K.8. ORDINANCES/RESOLUTIONS ITEM # 59911 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE acquisition of the public right-of--way at 3107 Bray Road from KATHRYNN. BYLER in order to remove a hazardous tree Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 AN ORDINANCE AUTHORIZING THE 2 ACQUISITION OF APPROXIMATELY 3 3,658 SQUARE FEET OF RIGHT-OF- 4 WAY LOCATED AT 3107 BRAY ROAD 5 FROM KATHRYN N. BYLER 6 ~ WHEREAS, Kathryn N. Byler is the owner (the "Owner") of certain real property s located at 3107 Bray Road in Virginia Beach, Virginia (the "Property"); 9 to WHEREAS, a dead oak tree (the "Tree") exists on the Property and overhangs 11 onto the City right-of-way of Bray Road, creating a hazardous situation; 12 13 WHEREAS, a portion of the public asphalt road is also on the Property; 14 15 WHEREAS, Bray Road is 50' wide or greater for its entire length, except in front 16 of the Property, where it is only 40' wide. 17 is WHEREAS, in order for the City to have a minimum width right-of-way of 50 feet 19 and to resolve the safety hazard posed by the Tree, the Owner has agreed to dedicate 20 3,568 square feet of right-of-way to the City in exchange for the City removing the Tree. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 1. That the City Council accepts the dedication of the right-of-way pursuant 26 to § 15.2-1800 of the Code of Virginia (1950), as amended, and in exchange authorizes 27 the City Manager to arrange for removal of the Tree, to be funded by CIP 2-129, 2 s Pavement Maintenance Program -Phase II. 29 3 0 2. That the City Manager or his designee is further authorized to execute all 31 documents that may be necessary or appropriate in connection with the acceptance of 32 the dedication of the right-of-way, so long as such documents are deemed necessary 33 and sufficient by the City Manager and in a form deemed satisfactory by the City 34 Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 1 th day 3 7 of May , 2010. APPROVED AS TO CONTENTS l.~l.o PUBLIC WORKS, REAL EST E APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY CA11403 R-1 PREPARED: 4/30/10 _~ ,`~'^ i ~ ' s~ ~ ~ t ~' F `: ,/ ~ ._ :: n ~ ~. `•`• ;~ x T ~~ ! ~ ~ ~ w ~i t ~~~.. } s B:F.. { ~ Y~ ~ O S ~ i Z~ ~3~~~ e~ ~ ~b ~O mNZ~ . •E :~ ~ ~ S ,, a ~' S ~ ~ y G A ~0po H 8 ~o I N~~ wi 4a .. ~ 5 f1 ~ I m ~~ 6a w O s V I '. f ~. . ',' . 3 i ` .tilt ~'~ 1 !A 1 1 i i I l NOW OR FORMERLY KATHRYN BYLER CLARK INST. * 200312180210877 M.B. 25 Pg. 3 GPIN 1498-31-3764 r~ RIGHT-OF-WAY TO BE DEDICATED AREA = 3658 Sq. Ft. a 0.08398 Ac. 1 i RARO+c `~s..:.......,_:_.._`___._ ~~Y ROAD ` R ~ IVA~~ WID'M ___ .__. _.~__ NtMER RAO+Uf ARC IEROTR DELTA RMIM CI101R TANEEIIi c+ +.+o sx.r~ ~E•~x ~ s a•+ :~ • .u + . ....T, i i i I /~ I !• BRAY RD RW DEDICATION.DGN 1/5/2010 6:02:31 PM -34- Item K.9. ORDINANCES/RESOLUTIONS ITEM # 59912 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to DESIGNATE The Organization Against Injustice and Social Malpractice (TOAISII~ as EXEMPT from local Personal Property Taxation Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 1 AN ORDINANCE TO DESIGNATE THE 2 ORGANIZATION AGAINST INJUSTICE AND SOCIAL 3 MALPRACTICE (TOAISM) AS BEING EXEMPT FROM 4 LOCAL PERSONAL PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local personal property taxes to The Organization Against 9 Injustice and Social Malpractice (TOAISM). 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The 15 Organization Against Injustice and Social Malpractice (TOAISM) as a charitable 16 organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 17 18 2. That personal property owned by The Organization Against Injustice and Social 19 Malpractice (TOAISM) located within the City of Virginia Beach that is used exclusively for 20 charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property owned by The Organization Against Injustice 25 and Social Malpractice (TOAISM) for exclusively charitable purposes; 26 27 (b) that each July 1, The Organization Against Injustice and Social Malpractice 28 (TOAISM) shall file with the Commissioner of the Revenue a copy of its most 29 recent federal income tax return, or, if no such return is required, it shall 30 certify its continuing tax exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2013, The Organization Against 33 Injustice and Social Malpractice (TOAISM) shall file an exemption application 34 with the Commissioner of the Revenue as a requirement for retention of the 35 exempt status of the property; and 36 37 (d) that The Organization Against Injustice and Social Malpractice (TOAISM) 38 cooperate fully with the Commissioner of the Revenue with respect to audit 39 of its financial records, compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 1 th day of May , 2010. Requires an affirmative vote ofthree-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner of the evenue CA11482 R-1 March 24, 2010 APPROVED AS TO LEGAL SUFFICIENCY: C' e s ffice ENTITY NAME The Organization Against Injustice & Social Malpractice (TOAISM) 3529 Purebred Drive Virginia Beach, VA 23453 Website lltt~~:/r%www.toaismintcrnational.or~~; index.htl»I SUMMARY OF NONPROFIT BUSINESS ACTIVITY TOAISM is an organization dedicated to serving every citizen, but with special focus on children and young adults. They educate our youth population by providing education on alternatives to crime and violence as well as offer a lawyer referral program to victims of crime and to those who have committed crime. Their juvenile support services help in reintegrating those wishing to enjoy acrime-free life through becoming a strong, responsible member of the community. The organization's goal is to reduce or eliminate social decadence, ensure that no one suffers injustice, and no one is denied justice. Free services include: 1. Victim Justice Support 2. Crime Prevention and Community Building 3. Support services to those seeking redress for injustice suffered. 4. Lawyer referral service 5. Work with subject and lawyer, in the subject's interest 6. they assist with case-related tasks and represent individuals so they may stay at work or attend to other critical needs. TAX IMPACT Business Property: Assessment: $1158.00 Tax: $42.85 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status -October 26, 2007 City Hall Virginia Beach, VA 23456-9002 Philip J. Kellam Commissioner Apri19, 2010 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Initial Report on Applicants for Exemption from Property Taxes Dear Mayor and Council Members: VBgov.com/cor Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation from personal and real property taxes'. The City Council accepted this authority and ordained a policy utilizing the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemptionz. On May 6, 2008 the City Council revised and re-ordained the process providing for the Commissioner of the Revenue to review and report to City Council on such applications3. The Commissioner's Office has received 4 applications in this reporting period. The following applicants qualify fur exemption from personal property taxes: The Organization against Injustice & Social Malpractice (TOAISM) Life in Christ Ministries Inc. Hampton Roads Community Care Inc. Chesapeake Bay Wine Classic Foundation I am available if you have questions or concerns regarding the recommendations. Sincerely, Philip J. Kellam Commissioner of the Revenue Enclosures ' Code of Virginia 58.1-3651 ' ORD-2798I ORD-3009K u ,`~o~N 'e~cy` v~/l\\ T> .., i d _ ~` ...o.a.....,o y ~~~~ CIt Council Pollc Y Ori~rnal Proposal Title: Ciry Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need Ciry Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from iota! property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. . 2.0 PoIicy The Ciry Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Counci! may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 ,of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including ' but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its f nancial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policv 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Anicle 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of ~tle 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive Title: Ciry Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request alI information required by Virginia Code §58.1-3651 and be approved as to form by the Ciry Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to Ciry Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written f ndings to the City Attorney. The City Attorney shall prepare the necessary ordinances for Ciry Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The Ciry Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 ResponsibilitX and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the Ciry Council's agenda for a vote on proposed exemptions shall rest with the Ciry Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Council Polity Regarding Applications for Tax Exemption by Design:irion Date of Adoption: ?ebruary 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BF;NEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the Ciry Council shall include submission of an application form in form and sut,stance substantially as presented in the attached Exhibit A, as well as any additional information i:hat the applicant wishes to present to the City Council. -35- Item K.10. ORDINANCES/RESOLUTIONS ITEM # 59913 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned rights-of--way for JOHN R., JR. and DENIZ MURRAY to construct a pier and maintain an existing riprap at 4209 Battery Road (DISTRICT 4 - BAYSIDE) The following conditions shall be required: 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 hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. 2. 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: 3. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 4. 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. S. The Grantee shall indemn~, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 6. 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. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 8. The Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). May 11, 2010 -36- Item K.10. ORDINANCES/RESOLUTIONS ITEM # 59913 (Continued) 9. The Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (1 S) feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of small shrubs, woody ground cover plants and/or shade-tolerant perennial plants (the "Buffer'). The area shall be mulched as a planting bed so that no turf is located closer than fifteen (1 S) feet from the shoreline. The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. All of the work shall be completed prior to December 31, 2010. The Grantee shall provide photos and notes the Department of Planning when the Buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. The access walk, being constructed of impervious materials, shall not exceed twenty-five (25%) percent of the total access walk surface. 10. 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 construction, location and/or existence of the Temporary Encroachment. 11. The Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 12. 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. May I1, 2010 -37- Item K.10. ORDINANCES/RESOLUTIONS ITEM # 59913 (Continued) Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 5 PROPERTY KNOWN AS LAKE JOYCE ~ AND THE 25' STRIP OF CITY s PROPERTY AROUND LAKE JOYCE 9 LOCATED AT THE REAR OF 4209 to BATTERY ROAD FOR PROPERTY 11 OWNERS JOHN R. MURRAY, JR. AND 12 DENIZ MURRAY 13 14 WHEREAS, John R. Murray, Jr. and Deniz Murray desire to construct a pier and 15 maintain the existing riprap in a portion of the City's property known as Lake Joyce and 16 the 25' strip of City property around Lake Joyce, located at 4209 Battery Road, in the l~ City of Virginia Beach, Virginia; and is 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 2 o Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John R. Murray, Jr. and 2 ~ Deniz Murray, their heirs, assigns and successors in title are authorized to construct 2s and maintain temporary encroachments for a pier and existing riprap in a portion of the 2 9 City's property known as Lake Joyce and the 25' strip of City property around Lake 3o Joyce, as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A 31 ENCROACHMENT OF PROPOSED PIER IN LAKE JOYCE AT LOT 5 BAY LAKE 32 PINES SECTION 2," a copy of which is on file in the Department of Public Works and to 33 which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 3 ~ City of Virginia Beach and John R. Murray, Jr. and Deniz Murray (the "Agreement"), 3 s which is attached hereto and incorporated by reference; and 39 4o BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as John R. Murray, Jr. and Deniz Murray and the City Manager or his authorized 45 designee executes the Agreement. 46 4 7 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 +-hday 4 8 of May , 2010. CA-11400 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA11400 Murray Ordiance.doc V: V~pplications\CitylawProd\cycom32\Wpdocs\D013\P007\00051867. DOC R-1 PREPARED: 4/19/10 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM -• ~~~' C. ~ ~;tiJs~h BLIC WORKS, REAL E A A YER, ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 16th day of A ril, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN R. MURRAY, JR. and DENIZ MURRAY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 5, Section 2," as shown on that certain plat entitled: "SUBDIVISION No 2 OF BAY LAKE PINES PRINCESS ANNE CO., VA. AND RE-SUBDIVISION OF PARCEL "C" OF SUBDIVISION No 1 -BAY LAKE PINES SCALE - 1"-100' DEC., 1954, prepared by JNO. M. BALDWIN, C. E. R.S. BALDWIN, C.L.S. NORFOLK, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 38, at page 21, and being further designated, known, and described as 4209 BATTERY ROAD, Virginia Beach, Virginia 23455; and WHEREAS, it is proposed by the Grantee to construct a pier and maintain the existing riprap, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 1479-99-4361-0000 (Lake Joyce and 25' strip of City property) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and the 25' strip of City property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary 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: "EXHIBIT A ENCROACHMENT OF PROPOSED PIER IN LAKE JOYCE AT LOT 5 BAY LAKE PINES SECTION 2," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 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, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of small shrubs, woody ground 3 cover plants and/or shade-tolerant perennial plants (the "Buffer"). The area shall be mulched as a planting bed so that no turf is located closer than fifteen (15) feet from the shoreline. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. All of the work shall be completed prior to December 31, 2010. The Grantee shall provide photos and notify the Department of Planning when the Buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. The access walk being constructed of impervious materials shall not exceed twenty-five (25) percent of the total access walk surface. 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 construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback 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 4 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, John R. Murray, Jr. and Deniz Murray, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2010, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2010, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 /_ ,, r r /~ Deniz My,`OvGner STATE OF V (~ CITY/COUNTY OF '~fi iv~;cti f~~ei~~-t , to-wit: The foregoing instrument was acknowledged before me this ~ ~,l% day of ~'~ ~ , 2010, by John R. Murray, Jr. f ' ~ _ (SEAL) No ry u lic Notary Registration Number: ~~~~`~ (~~ _ _ ~ ~ -.- ROBERT M. BOSHER JR. ~ %~ ~~ r ~ Notary Public My Commission Expires: ~~ '~` ~ Commonwealth of Virginia 7088969 My Commisslon Expires Nov 30, 2011 STATE OF U ~k. CITY/COUNTY OF ~~n~~ ~ ~~~L1 , to-wit: The foregoing instrument was acknowledged before me this ~ ~' day of ~j~~. ~ t , 2010, by Deniz Murray. ~`7 / (SEAL) Nota P blic~ Notary Registration Number 7 !~~ ~`~ ~;~ `~ /, r My Commission Expires: ~Oy 7'/_ ~~t ` ROBERT M. BOSHER JR. --~ Notary Public Commonwealth of Virginia 7088969 My Commisslon Expires Nov 30, 201 1 7 APPROVED AS TO CONTENTS ~_ _._. ~' ~' - ~G~~;st"i . NATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM D . HARMEYER, ASSISTANT CITY ATTORNEY 8 SEC 1 LOT 43 & PT OF PAR A BLK 1 GAYLE R WITOWSKI GPIN~ 14799912900000 0' 20' 40' MB31 P53 LAKE CENTER LINE DB3172 P758 ~ ~ - SCALE: 1" 40' - & NE PT OF PARCEL A T -_ - 160' SEC 2 SYLVIA LO 2 THOMAS CLARK NWL GPIN~ 14799940280000 SPAN COVE OF LAKE JOYCE MB38 P21 CITY OF VB PROPERTY DB88 P1370 ~-PROJECTED PL PROPOSED PIER EXISTING RIPRAP (CONCRETE RUBBLE) 8 ~ 32' NWL ~ 4' .42' 32 PROJECTED PL~ CITY OF V8V8 PR PIN (F) 25' STRIP I 15' BUFFER LINE BUFFER REQUIREMENTS 1932 SF OF BUFFER RESTORATION RESULTS FROM 7HE 15' WIDE STRIP. THE VDCR GUIDANCE MANUAL REQUIREMENT PER APPENDIX D, TABLE A. N~ (5) CANOPY TREES ~. @LS"-2" CALIPER OR LARGE EVERGREEN @6' (10) UNDERSTORY TREES @3/4"-1.5" CALIPER OR EVERGREEN @4' (15) SMALL SHRUBS OR WOODY GROUND COVER @15"-18" LOT 4 SEC 2 IRVING L & CARROL K GOTO GPIN~/ 14799942810000 MB38 P21 DB1757 P360 PROPERTY LINE 49 PROPERTY LINE EXISTING LEAF LITTER - ~ GROUND COVER 2 5' / 1p 119'71 PIN (F) -PROPERTY LINE °. ~: .~ X4209 2~ a: v', o. LOT 5 SEC 2 JOHN & DENIZ MURRAY GPIN~ 14799943610000 DOC# 20090617000688150 '~ MB38 P21 C,g6 36 R;5p0 s3 PIN (F) R ~9g ~7' Q~ /' gA~~E oYRR D N\\-V RO ~Np~PN 0 ~ W~ PROPERTY LINE Z~ a, LOT 6 SEC 2 -'- E BYRON & DEBRA R BLACK o, GPIN# 14799944220000 c^ MB38 P21 DB3615 P637 PIN (F) ~,~~,LTH ~F ~ l O ~ ~ DAVID KLEDZIK y Lic. No. 034674 r~O 10/23/09 ~,~ ~r.,S'S'I~NAL ,~Cs PROPOSED PROJECT FOR PIER tXl-i1t511 H ENCROACHMENT ENCROACHMENT OF PROPOSED PIER APPLICATION BY IN SHEET 1 OF 1 JOHN & DENIZ MURRAY LAKE JOYCE 4209 BATTERY ROAD AT LOT 5 DATE: OCTOBER 2, 2009 VIRGINIA BEACH, VA 23455 BAY LAKE PINES SECTION 2 JU13 NUMt~tK UyL/~ -38- Item K.11. ORDINANCES/RESOLUTIONS ITEM # 59914 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to ACCEPT and APPROPRIATE $44, 250 in grant funds from the Department of Homeland Security and $14, 750 in a local match from the 2008 Port Security Grant Program to the FY 2009-10 Fire Budget re equipment and training for the Marine Team Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent.• Rita Sweet Bellitto May 11, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO THE FY 2009-10 OPERATING BUDGET OF THE FIRE DEPARTMENT AND TRANSFER FUNDS FOR THE LOCAL GRANT MATCH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $44,250 is hereby accepted from the United States Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenues increased accordingly, to the FY 2009-10 Operating Budget of the Fire Department for costs of equipment and training for the Marine Team; and 2) Funds in the amount of $14,750 are transferred from the State Fire Programs Grant in the Grants Consolidated Fund of the FY 2009-10 Operating Budget to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 1 i-h day Of Mai , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: ~ ; ~ f~/ r.. ; ~,~ '~ Mana m nt Services Approved as to Legal Sufficiency: City AftQrn~y's~ffce CA11501 R-3 April 23, 2010 -39- Item L. PLANNING 1. DRESCHER DEVELOPMENT/ GEORGE M. DAVIS, III ITEM # 5991 S 2. STUDIO EVOLVE, LLC/MT. TRASHMORE OFFICE 3. GREATER HOPE OF DELIVERANCE MINISTRIES PHUONG NHON NGUYEN VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT 4. INTERNET MARKETING TRAINING CENTER, INC./ CONDITIONAL USE PERMIT DAVID BYLER S. REGENT UNIVERSITY CONDITIONAL USE PERMIT 6. BRIDGEWAY COMMUNITY CHURCH/ CONDITIONAL USE PERMIT BLANFORD PARTNERSHIP 7. BELIEVER'S HOUSE WORLD WIDE MINISTRIES/ CONDITIONAL USE PERMIT NEWTOWNSQUAREASSOCL4TES, LLC 8. CITY OF VIRGINIA BEACH 9. COMPREHENSIVE PLAN CHANGE OF ZONING R-40 TO P-1 AMEND re Parkway Typical Sections, Primary Roadway Network Plan Map and ADOPTION of Major Street Network Ultimate Right-of-Way. May 11, 2010 -40- Item J. PLANNING ITEM # 59916 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 2, 3, 4, S, 6, 7, 8 and 9 of the PLANNING BY CONSENT AGENDA: Councilman DyerABSTAINED on Item L.S. (REGENT UNIVERSITY) as he is employed by the University. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 -41- Item J.l. PLANNING ITEM # 59917 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Variance to ,¢4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for DRESCHER DEVELOPMENT/GEORGE M. DAMS, III, re lot width at Prosperity Road and Park Place Drive BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for DRESCHER DEVELOPMENT/GEORGE M. DAMS, III, re lot width at Prosperity Road and Park Place Drive; GPIN 2415798423 DISTRICT 6 -BEACH The following conditions shall be required: I. The sites shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for Part of 1.103 AC. Parcel and Lot 8 Flora Plat "; dated January 27, 2010, and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The parcel identified by GPIN 2415-79-8228 shall be included on the re-subdivision plat for the sites. 3. The proposed Lot A is limited to development of only a single family dwelling. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -42- Item J.2. PLANNING ITEM # 59918 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of STUDIO EVOLVE, LLC/MT. TRASHMORE OFFICE for a Conditional Use Permit re a tattoo studio at 512 South Independence Boulevard, Suites 200-202 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of STUDIO EVOLVE, LLC/MT. TRASHMORE OFFICE for a Conditional Use Permit re a tattoo studio at 512 South Independence Boulevard, Suites 200-202; (GPIN # 14766887940000) (DISTRICT 3 -ROSE HALL) 8051035410 The following conditions shall be required.• 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any on-site signage for the office complex and the tattoo studio shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no signs, including neon or L.E.D. signs or accents, installed on any wall area of the exterior of the building, windows or doors. 3. The Conditional Use Permit for the tattoo studio is approved for a period of one (1) year with an administrative review every year thereafter. 4. The actual tattooing operation on a customer shall not be visible from any public right-of--way adjacent to the establishment or from the adjacent public property, known as Mt. Trashmore Park. This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh of May, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 - 43 - Item J. 3. PLANNING ITEM # 59919 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of GREATER HOPE OF DELIVERANCE MINISTRIES/PHUONG NHON NGUYEN for a Conditional Use Permit re a religious use at 3692 South Plaza Trail No.2: BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GREATER HOPE OF DELIVERANCE MINISTRIES/PHUONG NHON NGUYEN for a Conditional Use Permit re a religious use at 3692 South Plaza Trail No.2: (GPIN #14875036930000) DISTRICT 3 -ROSE HALL 8051035411 The following conditions shall be required.• I. The number of individuals attending any service shall not exceed the occupancy number established by the City Fire Marshall. 2. The applicant shall obtain all the necessary permits and inspections from the Planning Department Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh of May, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rita Sweet Bellitto May 11, 2010 -44- Item J.4. PLANNING ITEM # 59920 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of INTERNET MARKETING TRAINING CENTER, INC./DAVID BYLER for a Conditional Use Permit re a Vocational School at 512 South Independence Boulevard BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of INTERNET MARKETING TRAINING CENTER, INC./DAVID BYLER for a Conditional Use Permit re a Vocational School at 512 South Independence Boulevard (GPIN # 14766887940000) DISTRICT 3 -ROSE HALL 8051035412 The following conditions shall be required,• 1. The onsite signage for the office complex and the Training Center shall meet the requirements of the City Zoning Ordinance (CZO). There shall be no signs, including neon or L.E.D. or accents, installed on any wall area of the exterior of the building, windows or doors. 2. The hours of operations shall be from 8: 00 A.M. until 8:00 P.M., Monday through Friday. 3. Prior to operating the Training Center at this location, all applicable building permits and occupancy permits shall be obtained from the City of Virginia Beach, Department of Planning, Permits and Inspections Division This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh of May, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rita Sweet Bellitto May I1, 2010 - 45 - Item J.S. PLANNING ITEM # 59921 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of REGENT UNIVERSITYfor a Conditional Use Permit re religious uses at 1000 Regent University Drive BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of REGENT UNIVERSITYfor a Conditional Use Permit re religious uses at 1000 Regent University Drive (GPIN # 14558867640000; 1455798258000; 1455893276000; 14558807500000) DISTRICT 1- CENTERVILLE 8051035413 The following conditions shall be required: 1. Development of the site shall substantially conform to the submitted plan entitled "REGENT UNIVERSITY CHAPEL AND DIVINITY SCHOOL "prepared by Kellam Gerwitz Engineering - Surveying -Planning. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed buildings shall substantially conform to the submitted rendering prepared by Hardwicke Associates. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh of May, Two Thousand Ten May 11, 2010 -46- Item J.S. PLANNING ITEM # 59921 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining.• Robert M. Dyer Council Members Absent: Rita Sweet Bellitto Councilman Dyer ABSTAINED as he is employed by Regent University May 11, 2010 -47- Item J 6. PLANNING ITEM # 59922 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of BRIDGEWAY COMMUNITY CHURCH/BLANFORD PARTNERSHIP for a Conditional Use Permit re religious uses at 752-758 Independence Boulevard BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BRIDGEWAY COMMUNITY CHURCH/BLANFORD PARTNERSHIP for a Conditional Use Permit re religious uses at 752-758 Independence Boulevard (GPIN #14785289320000) DISTRICT 4 - BAYSIDE 8051035414 The following conditions shall be required: 1. The number of individuals attending any one service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official for the change of use. 3. Church services and Christian Education Classes shall only occur on Sunday mornings until 12:00 P. M. 4. This Conditional Use Permit is valid for three (3) years from the date of approval by the Virginia Beach City Council. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh of May, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Dieael, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rita Sweet Bellitto May I1, 2010 -48- Item J 7. PLANNING ITEM # 59923 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES/NEWTOWN SQUARE ASSOCIATES, LLC for a Conditional Use Permit re a religious use at 544 Newtown Road, Suite 118: BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES/NEWTOWN SQUARE ASSOCIATES, LLC for a Conditional Use Permit re a religious use at 544 Newtown Road, Suite 118 (GPIN#14683033400000) DISTRICT 2 - KEMPSVILLE 805103541 S The following conditions shall be required: 1. The number of occupants in the Community Life Center shall not exceed the occupancy number for the unit established by the City's Fire Marshall for this use. 2. A Certificate of Occupancy shall be obtained from the Building Offtcial's Office. 3. On-site security shall be provided for any special event that continues beyond Midnight (12:00 A. M.). This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh of May, Two Thousand Ten Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -49- Item J 8. PLANNING ITEM # 59924 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of the CITY OF VIRGINL4 BEACH for a Chan e o Zoning District Classi acation from R-40 Residential District to P-1 Preservation District at 4337 Country Club Circle (Thoroughgood House) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the CITY OF VIRGINL4 BEACH for a Change of Zoning District Classification from R-40 Residential District to P-1 Preservation District at 4337 Country Club Circle (Thoroughgood House) (GPIN #1489131417) DISTRICT 4 - BAYSIDE 205101236 This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh of May, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 -50- Item J. 9. PLANNING ITEM # 59925 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the Comprehensive Plan re Parkway Typical Sections, Primary Roadway Network Plan Map and the ADOPTION of the Major Street Network Ultimate Rights-of--Way Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN PERTAINING TO PARKWAY TYPICAL SECTIONS, AMENDMENTS TO THE PRIMARY ROADWAY NETWORK PLAN MAP AND THE ADOPTION BY REFERENCE OF THE MAJOR STREET NETWORK ULTIMATE RIGHTS OF WAY WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by: 1. The amendments on page 6-4 of the Policy Document which amend the width of Parkway road right of ways, a true copy of which is attached hereto and made a part hereof (Exhibit A); 2. The deletion in the Policy Document of the map on page 6-7, "Roadway Network Map", and the addition of the revised map entitled "Primary Roadway Network Plan Map", a true copy of which is attached hereto and made a part hereof (Exhibit B); and 3. The adoption by reference of the "Major Street Network Ultimate Rights of Way" on page D-1 of the Reference Handbook. Such document containing these amendments is made a part hereof, having been exhibited to City Council and is on file in the Department of Planning. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11t" day of May, 2010. APPROVED AS TO CONTENT: Planning Department CA11438 R-2 February 24, 2010 APPROVED AS TO LEGAL SUFFICIENCY: City At ney's O ice 2 ~.. N Of ~ ~pa~ YaANi ~ ~ r~ '~ Chesapeake Bay .,~ ak ~R 20Q! ~ 'e ~v~, a peRAmBMmeKAptll %%.1010 ~`e ! ~ %..4.y f ~ i, 8 Y 1' f /°~w. I\1a IPC HeeMOlkaR McIM 10, 1f110) a ,.'p/ A ~ ~ ~tt 's,u~ ~ ~ i• ~ : Adandc Ocean ) ''~ ! ' t c Po i o. ~ ~~.~ -~ ~P~. - Oceanfront Transportation ~'~ ~uHa Planning Area ~.° _ - ~ 3~ ~ ~ ~ n n. 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Master Transportation Plan 6-7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN, REFERENCE HANDBOOK, BY THE ADOPTION OF THE MAJOR STREET NETWORK ULTIMATE RIGHTS-OF-WAY WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan, Reference Handbook, is hereby amended by the adoption of the Major Street Network Ultimate Rights-of-Way. Such document is made a part hereof, having been exhibited to City Council and is on file in the Department of Planning. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2010. Major Street Network Ultimate Rights-of Way The following Table is intended to provide a tool for long-range planning of the City of Virginia Beach's Major Street Network. The ultimate Rights-of-Way identified in this table have been developed to accommodate the road network needs for the future of the City at its "build-out" stage. The following information is to be used by City Planning, Development Services, and Public Works Departments when reviewing development proposals for property on or along major road corridors in the City. The road classification, planned lanes, and cross sections are consistent with the official "Public Works Specifications and Standards-Right-or-Way Typical Section Standard Drawings." It is important to note that these figures are to be used to ensure sufficient Right-of-Way is allowed to accommodate the City's future roadway network. This table, in conjunction with the Typical Sections, gives planners a tool to help plan for the future development. However, road cross sections will be better defined on a project by project basis by the City Engineer as they are constructed. Updates to this Table shall be conducted in conjunction with regularly scheduled Master Transportation Plan updates. The Table may also be updated outside of the regularly scheduled Master Transportation Plan updates, following the typical plan amendment process. This Table shall also be updated if the City Council amends the "Public Works Specifications and Standards-Right-or-Way Typical Section Standard Drawings." Table 1 Major Street Network Ultimate Rights-of-Way STREET NAMES & SEGMENT ROW Adopted April 2010 Planned Maximum Lanes Classification Constraint Level Cross Section 19 ST Birdneck to Pacific 70 3 S ecial Plannin Area N/A 21 ST Parks to Pacific 70 4 S ecial Plannin Area N/A 22 ST Parks to Pacific 70 4 S ecial Plannin Area N/A ATLANTIC AVE Shore to Pacific 100 4 S ecial Plannin Area N/A BAKER RD Newtown to W itchduck 70 2 Min Coll Standard 13 BAKER RD Wesle an to Newtown 100 4 Ma' Coll Moderate 11 BAXTER RD PA to Inde endence 110 4 Min Art Constrained 7 BIRDNECK Laskin to VBB 130 6 Mid Arterial Constrained 7 BIRDNECK VBB to Gen Booth Varies 94-183 6 Mid Arterial Buildout N/A BLACKWATER RD NC State Line to Ches. Ci Line 70 2 Rural N/A BOLD RULER DR U ton to Dam Neck 70 2 Min Coll Standard 13 BONNEY RD Inde endence to Rosemont 80 4 Ma' Coll Constrained 12 BONNEY RD W itchduck to Baxter 80 4 Ma' Coll Constrained 12 BUCKNER BLVD Inde ndence to Rosemont 100 4 Ma' Coll Moderate 11 BUCKNER BLVD Rosemont to Holland 80 4 Ma' Coll Constrained 12 CENTERVILLE TPK Indian River to Kem sville Rd 150 6 Mid Art Moderate 5 CENTERVILLE TPK Kem sville Rd to Ches. Ci line 150 6 Mid Art Moderate 5 CLEVELAND ST Newtown to Kellam 80 4 Ma' Coll Constrained 12 COLUMBUS LOOP Kellam to Constitution 112 4 Ma' Coll CBD 27 COMMONS LOOP Dam Neck to PA 110 4 Min Art Constrained 7 CONSTITUTION DR Jeanne to VBB 80 4 Ma' Coll Constrained 12 CONSTITUTION DR VBB to future ove ass 100 4 Min Art CBD 26 CORPORATE LANDING BLVD Gen Booth to Dam Neck 100 4 Ma' Coll Moderate 11 CULVER LA Gen Booth to U ton 100 4 Ma' Coll Moderate 11 DAM NECK RD aka Elbow Ches Ci line to Salem 125 4 Min Art Standard 5 DAM NECK RD Gen Booth to Naval Facili 110 4 Min Art Constrained 7 DAM NECK RD Holland to Gen Booth 165 6 Parkwa N/A 9 DAM NECK RD PA to Holland 150 6 Mid Art Moderate 5 DAM NECK RD Salem to PA 125 4 Min Art Moderate 5 DAM NECK STATION Gen Booth to Dam Neck Rd 80 4 Ma' Coll Constrained 12 DIAMOND SPRINGS RD Shore to Northam ton 150 6 Mid Art Moderate 5 DIAMOND SPRINGS RD Northam ton to Newtown 150 6 Mid Art Moderate 5 DORSET RD VBB to Cleveland 80 4 Ma' Coll Constrained 12 EDWIN ROAD Inde ndence to future Over ass 110 4 Min Art Constrained 7 ELBOW Ches Ci line to Salem -see Dam Neck Ches CL to Salem 125 4 Min Art Moderate 5 FERREL PKW Indian Lakes to Salem 130 6 Mid Art Constrained 7 FERREL PKW Indian River to Indian Lakes 150 6 Mid Art Standard 5 FERREL PKW Salem to PA 130 6 Mid Art Constrained 7 FIRST COLONIAL RD Great Neck to VB Blvd 150 6 Mid Art Moderate 5 FIRST COLONIAL RD VBB to Oceana Blvd 110 4 Min Art Constrained 7 GEN BOOTH BLVD Dam Neck to PA 150 6 Mid Art Moderate 5 GEN BOOTH BLVD Oceana Blvd to Dam Neck Rd 155 8 Ma' Art Constrained 7 GEN BOOTH BLVD Rudee Brid a to Oceana Blvd 165 6 Mid Art Standard 3 GREAT NECK RD, N Shore to VBB 130 6 Mid Art Constrained 7 GREENWICH RD Newtown to Witchduck 80 4 Ma' Coll Constrained 12 HARPERS RD Oceana Blvd to London Bride 100 4 Ma' Coll Moderate 11 HAYGOOD RD Inde ndence to Newtown 110 4 Min Coll Constrained 7 HILLTOP LOOP 80 4 Ma' Coll Constrained 12 HOLLAND RD Inde ndence to Rosemont 150 6 Mid Art Moderate 5 HOLLAND RD Rosemont to Shi s Comer 130 6 Mid Art Constrained 7 HOLLAND RD Shi s Corner to Dam Neck 150 6 Mid Art Moderate 5 HOLLAND RD Dam Neck to London Brid a EXT North 110 4 Min Art Constrained 7 HOLLAND RD London Brid a EXT North to London Brid a EXT South 125 4 Min Art Moderate 5 HOLLAND RD London Brid a EXT South to Nimmo 110 4 Min Art Constrained 7 I-264 I-64 to Birdneck 250 8 Interstate Final Draft for Planning Commission Approval April 2010 Table 1 Major Street Network Ultimate Rights-of-Way STREET NAMES 8 SEGMENT ROW Adopted April 2010 Planned Maximum Lanes Classification Constraint Level Cross Section I-264 CONSTITUTION FI ver Inde ndence to Bonne 150 6 Mid Art Constrained 5 I-264 GREENWICH FLYOVER Greenwich to Cleveland 80 4 Ma' Coll Constrained 12 I-64 Chesa eake Cit line to Norfolk Cit line 250 8 Interstate INDEPENDENCE BLVD Holland to Salem 125 4 Min Art Moderate 5 INDEPENDENCE BLVD Salem to IR 110 4 Min Art Constrained 7 INDEPENDENCE BLVD Shore to Ha ood 150 6 Mid Art Moderate 5 INDEPENDENCE BLVD Ha ood to Holland 155 8 Ma' Art Constrained 7 INDIAN LAKES BLVD Ferrell to IR 125 4 Min Art Moderate 5 INDIAN LAKES BLVD Providence to Fercell 110 4 Min Art ConsVained 7 INDIAN RIVER RD Ches. Ci line to I-64 150 6 Mid Art Moderate 5 INDIAN RIVER RD I-64 to Fercell 155 8 Ma' Art ConsVained 7 INDIAN RIVER RD Fercell to Indian Lakes 80 4 Ma' Coll Constrained 12 INDIAN RIVER RD Indian Lakes to Inde endence 125 4 Min Art Moderate 5 INDIAN RIVER RD Inde endence to canal bride 145 4 Min Art Standard 3 INDIAN RIVER RD canal brid a to PA 150 4 TA 4 lane Parkwa 35 INDIAN RIVER RD existin ali nment between Elbow and L nnhaven 70 2 Rural N/A INTERNATIONAL PKW L nhaven to London Bride 125 4 Min Art Buildout N/A JEANNE ST Constitution to Inde endence 80 4 Ma' Coll Constrained 12 KELLAM RD VBB to Columbus Loo 80 4 Ma' Coll Constrained 12 KEMPSVILLE RD Ches Ci line to PA 150 6 Mid Art Moderate 5 LASKIN RD Birdneck to Holl Rd 150 6 S ecial Plannin Area N/A LASKIN RD Holl to Pacific 88 4 S ecial Plannin Area N/A LASKIN RD VBB to Linba 165 6 Mid Art Standard 3 LASKIN RD Linba to Birdneck 165 6 Mid Art Standard 3 LITTLE NECK RD VBB to Newcastle 100 4 Min Art Buildout N/A LONDON BRIDGE EXT North Dam Neck to Holland 125 4 Min Art Moderate 5 LONDON BRIDGE EXT South Holland to PA 115 4 Ma' Coll Standard 10 LONDON BRIDGE RD Dam Neck to Intemational 150 6 Mid Art Moderate 5 LONDON BRIDGE RD Intemational to Potters 130 6 Mid Art Constrained 7 LONDON BRIDGE RD Potters to VBB 130 6 Mid Art Constrained 7 LONDON BRIDGE RD Gen Booth to Dam Neck 110 4 Min Art Constrained 7 LYNNHAVEN PKW Ches Ci line to Indian River 110 4 Min Art ConsVained 7 LYNNHAVEN PKW Indian River to Princes Anne 110 4 Min Art Constrained 7 LYNNHAVEN PKW Princess Anne to Rosemont 130 6 Mid Art Constrained 7 LYNNHAVEN PKW Rosemont to Holland 150 6 Mid Art Moderate 5 LYNNHAVEN PKW Holland to L nhaven Road 165 6 Mid Art Standard 3 LYNNHAVEN PKW L nhaven Road to Potters 170 8 Ma' Art Moderate 5 LYNNHAVEN PKW Potters to I-264 155 8 Ma' Art Constrained 7 LYNNHAVEN PKW I-264 to VBB 130 6 Mid Art Constrained 7 LYNNHAVEN RD S Little Neck to L nhaven Pkw 115 4 Ma' Coll Standard 10 LYNNHAVEN RD N VB Blvd to L nhaven Parkwa 80 4 Ma' Coll Constrained 12 LYNNHAVEN RD N Little Neck to VB Blvd 80 4 Ma' Coll Constrained 12 MILITARY HWY Ches Ci line to Norfolk Ci line 150 6 Mid Art Moderate 5 NEWTOWN RD Diamond S rin s to Ha ood 100 4 Ma' Coll Moderate 11 NEWTOWN RD PA to Diamond S rtn s 150 6 Mid Art Moderate 5 NIMMO PKW Gen Booth to Sandbrid a 110 4 Parkwa Constrained 3 NIMMO PKW IR to PA 150 4 Parkwa Constrained 9 NIMMO PKW PA to Holland 230 8 Parkwa Standard 9 NIMMO PKW Holland to Gen Booth 165 6 Parkwa Standard 9 NORTH LANDING RD IR to Ches Cit line 70 2 Min Coll Standard 13 NORTH W ITCHDUCK RD Inde endence to Pembroke Blvd 70 2 Min Coll Standard 13 NORTHAMPTON BLVD Ches Ba Brid a Tunnel to Diamond S rin s 165 6 Mid Art Standard 3 NORTHAMPTON BLVD Diamond S rin s to Norfolk Cit Line 190 8 Ma' Art Standard 3 OCEANA BLVD First Colonial to Gen Booth 110 4 Min Art Constrained 7 OLD DONATION Great Neck to First Colonial 115 4 Ma Coll Standard 10 PACIFIC AVE Atlantic Ave to Rudee Bride 70 4 S cial Plannin Area N/A PEMBROKE BLVD Inde endence to W itchduck 100 4 Min Art Buildout N/A PLEASANT VALLEY RD Indian Lakes Blvd to L nnhaven Pkw 70 2 Min Coll Standard 13 PLEASURE HOUSE RD Lookout to Northam ton 80 4 Ma' Coll Constrained t2 PLEASURE HOUSE RD Northam ton to Inde endence 80 4 Ma' Coll Constrained 12 Final Draft for Planning Commission Approval April 2010 Table 1 Major Street Network Ultimate Rights-of-Way STREET NAMES & SEGMENT ROW Adopted April 2010 Planned Maximum Lanes Classification Constraint Level Cross Section PRINCESS ANNE RD Norfolk Ci line to W itchduck 100 4 Min Art Buildout N/A PRINCESS ANNE RD Witchduck to Ferrell 120 4 Min Art Buildout N/A PRINCESS ANNE RD Ferrell to Dam Neck 150 8 Ma' Art Buildout N/A PRINCESS ANNE RD Dam Neck to Nimmo 250 8 Parkwa Standard 9 PRINCESS ANNE RD Nimmo to Gen Booth 70 2 Min Coll Standard 13 PRINCESS ANNE RD Gen Booth to Sandbrid e 135 4 TA 4 lane Parkwa Standard 34 PRINCESS ANNE RD Sandbrid a to IR 135 4 TA 4 lane Parkwa Standard 34 PRINCESS ANNE RD IR to NC border 100 2 Rural Standard N/A PROVIDENCE RD Ches Ci line to IR 110 4 Min Art Constrained 7 PROVIDENCE RD IR to Kem sville 125 4 Min Art Moderate 5 PROVIDENCE RD Kem sville to PA 110 4 Min Art Constrained 7 PUNGO FERRY RD PA to Blackwater 70 4 Rural Standard N/A REPUBLIC RD First Colonial to Laskin 80 4 Ma' Coll Constrained 12 ROSEMONT RD Holland to Dam Neck 110 4 Min Art Constrained 7 ROSEMONT RD VBB to Holland 165 6 Mid Art Standard 3 ROUND HILL DR L nhaven to Elbow 80 4 Ma' Coll Constrained 12 SALEM RD PA to L nhaven 120 4 Min Art Buildout N/A SALEM RD L nhaven to Elbow aka Dam Neck 125 4 Min Art Moderate 5 SALEM RD Elbow aka Dam Neck to SEPG 145 4 Min Art Standard 3 SALEM RD SEPG to IR 150 4 TA 4 lane Parkwa Standard 35 SANDBRIDGE RD New Brid a to Sandi r 100 2 Rural N/A SANDBRIDGE RD U ton to New Bride 135 4 TA 4 lane Parkwa Standard 34 SEABOARD RD Nimmo to PA 66 3 S ecial N/A N/A SEABOARD RD PA to PA 110 2 TA 2 lane Parkwa Seaboard Section 37 SHIPPS CORNER RD Holland to London Bride 80 4 Ma' Coll Constrained 12 SHORE DR N.Great Neck to Atlantic Ave 110 4 Min Art Constrained 7 SHORE DR Norfolk Ci line to N.Great Neck 150 6 Mid Art Moderate 5 SOUTH PLAZA TR Holland to VBB 80 4 Ma' Coll Constrained 12 SOUTH PLAZA TR PA to Holland 100 4 Ma' Coll Moderate 11 SOUTHEASTERN PKW 300 8 Hi hwa SEPG N/A UPTON DR Dam Neck to PA 100 4 Ma' Coll Moderate 11 VA BEACH BLVD Pacific to Great Neck 100 4 SPA/Ma' Coll Moderate 11 VA BEACH BLVD Great Neck to Newtown 155 8 Ma' Art Constrained 7 W ESLEYAN DR Northam ton to Baker 125 4 Min Art Moderate 5 W ESLEYAN DR Baker to Diamond S rin s 110 4 Min Art Constrained 7 W ESLEYAN DR Diamond S rin s to Ha ood 125 4 Min Art Moderate 5 WEST NECK PKW Commons Loo to IR 150 4 TA 4 lane Parkwa Standard 35 WEST NECK RD North Landin to IR 115 2 TA 2 lane Parkwa Standard 36 WINDSOR OAKS BLVD PA to Holland 80 4 Ma' Coll Constrained 12 W ITCHDUCK RD I-264 to PA 165 6 Mid Art Standard 3 W ITCHDUCK RD VBB to I-264 155 8 Ma' Art Constrained 7 WITCHDUCK RD Pembroke Blvd to VBB 110 4 Min Art Constrained 7 W OLFSNARE RD (Great Neck to First Colonial) 70 2 Min Coll Standard 13 Final Draft for Planning Commission Approval April 2010 Item #2 City of Virginia Beach An ordinance to amend the Comprehensive Plan pertaining to Parkway Typical sections amendments to the Primary Roadway Network Plan Map and the adoption by reference of the Major Street Network Ultimate Right-of--Ways April 14, 2010 CONSENT Joseph Strange: The next items we will address are those that are placed on our consent agenda. The Vice Chairman will handle this portion of the consent agenda. Mr. Bernas, please. Jay Bernas: Thank you Mr. Chairman. This afternoon we have 18 items on the consent agenda. The first matter is agenda item 2. This is an application of the City of Virginia Beach. It's an ordinance to amend the Comprehensive Plan pertaining to Parkway typical sections, amendments to the Primary Roadway Network Plan Map, and the adoption by reference of the Major Street Network Ultimate Right-of--Ways. The Chairman has asked Mark Schnaufer to please review this item. Mark Schnaufer: Thank you Mr. Chairman, and members of the Commission. Here is a quick review of the proposed amendment that we are presenting. Ed Weeden: Your name for the record please? Mark Schnaufer: Mark Schnaufer, Transportation Planner for the Planning Department, City of Virginia Beach. Here is a quick review. We have three items that we're looking to amend in the Comprehensive Plan, as part of our housekeeping. The plan that was just adopted this past December. If you look at the screen, our first item that we have is a simple correction in the typical Right-of--Way for Parkways. We had a little typo, so we wanted to fix that. And you can see there is a strikeout in the pink portion of that page. The second item addresses some changes to the Primary Roadway Network Plan Map. What we did here, as we were going through the next exercise that we will talk about, we realized we had misclassified some of the roads in the initial plan process. We went through, and looked at each road individually, and noticed that most of them were downgraded to be consistent with our Public Works typical roadway section. So, that is reflected in that map. And the third is the creation of this long title. It's the Ultimate Right-of--Way Table that will be adopted under separate ordinance, and this is going to be adopted by reference in the Reference Handbook. So, that would be the third amendment to the Comprehensive Plan. And the second ordinance that you have in front of you today is the adoption of the proposed Ultimate Right-of--Way Network. And what this does is it takes numbers off the map, which we had in the 2003 version of the plan, which define what the typical Ultimate Roadway was, and put it in a tabular form. We also took offthat map and then put it as adopted under a separate ordinance. This ordinance can only be amended by going first through the Planning Commission, and also through City Council, just like we would for any other Comprehensive Plan process. It also marries up the adopted typical Right-of--Way sections that were adopted through the Public Works Department by the City Council. In the past, the Item #2 City of Virginia Beach Page 2 Master Transportation Plan Map did not necessarily match up with the adopted Public Works standards. This effort adjusted some of these road cross sections to make sure that two different departments were working on the same page. We did this in conjunction with the Public Works and Transportation Department. So, with that, this concludes my summary of this. I'll take and answer any questions. Jay Bernas: Can you please mention the two changes you want to make to the table? Mark Schnaufer: And I did propose two amendments, and I got the wrong handout in front of me. Pardon me. On the first page of Table 1, I propose changing from what was before you today, Ferrell Parkway from Indian River to Indian Lakes. The "constrained" level is listed as standard. That should be "moderate" for the 150 foot cross section. And on the second page, the top line, I-264 the Constitution Flyover from Independence Boulevard to Bonney Road that is listed as "constrained." That also should be "moderate." That is 150 foot mid-range arterial. So, with those two amendments, I conclude my report. Jay Bernas: Thank you. Is there any opposition to this matter being placed on the consent agenda? Mr. Chairman, I will make a motion to approve agenda item 2, with the two changes made reference for Table 1. Joseph Strange: A motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. We are now ready to vote. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 2. -51- A.1. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59926 Vice Mayor Jones recommended the City Manager and Staff develop a long term Financing Strategy to assure the City's financial sustainability. This long term Strategy should be discussed with City Council in November and incorporated into our scheduled Five (S)-Year Forecast Briefing. Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget returning the Schools Division to Categorical from Lump Sum Funding for Education. The Categorical breakdown is depicted in Attachment A - Appropriations (second page) APPROPRL4TING for the Fiscal Year, beginning July 1, 2010 and ending June 30, 2011, $1, 687, 648, 933 for Operations and $553,156, 869 in Interfund Transfers regulating the payment of money out of the City Treasury, as Amended Voting.• 9-1 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill "DeSteph Council Members Absent: Rita Sweet Bellitto *Councilman DeSteph verbally identified his vote on each budgetary document FY 2010-11 OPERATING B UDGET AYE NAY A.2 A.1 A.3 A.S A.4 A. 7 A.6 A.12 A.8 A.9 A.10 A.ll FY 2010-11 CAPITAL BUDGET AYE NAY B.1. B.3 B.2. A.13 A.14 REMOVED FROMAGENDA, BY CONSENSUS A.1 S A.16 A.17 A.18 May 11, 2010 Alternate Version G1N1A Bf t9l r '`p rl r` ~c y _> i~ _. .a` .z. './ 'C::~ i ,`Kv CITY OF VIRGINIA BEACH ,~ AGENDA ITEM ITEM: The FY 2010-11 Operating Budget and Related Ordinances MEETING DATE: May 11, 2010 ^ Background: On March 30, 2010, the City of Virginia Beach FY 2010-11 Proposed Resource Management Plan, which includes the Operating Budget and Capital Improvement Program, was presented to City Council. City Council held workshops on April Stn 13t", 15t" 20t" 27t", and May 4t" to discuss the budget. City Council held public hearings on April 22~d and 27t" to provide the public the opportunity to comment on the proposed Resource Management Plan. Considerations: The proposed ordinances were updated to reflect City Council's direction at the May 4, 2010 Council Reconciliation Workshop. Attached is a letter dated May 4t", signed by Mayor William D. Sessoms, Jr. and Vice Mayor Louis R. Jones, outlining the FY 2011 Operating Budget and Capital Improvement Program recommendations. The only noted change from the letter is the Commissioner of Revenue position total increased by .5 FTE to 6 FTEs but still within the additional $247,000. Also attached is a Budget Resolution from the School Board which adds $12,099,836 to the Operating Budget. Please note the School's included $7,936,308 of stimulus funding related to College Park Elementary School Replacement in both their Schools Grant Fund and Capital Improvement Program while the ordinances proposed for City Council adoption only reflect these funds in the Capital Improvement Program. Adoption of this Alternate Version of the Operating Budget ordinance returns education funding to categorical funding from lump sum funding. The categorical breakdown can be seen in Attachment A -Appropriations (second page). The following ordinances are provided for the Council's consideration and approval to implement the FY 2010-11 Operating Budget. Unless otherwise noted, approval requires an affirmative vote by a majority of the members of City Council. 1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2010 and Ending June 30, 2011 in the Sum of $1,687,650,881 for Operations 2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2011 3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2011 Alternate Version 4. An Ordinance to Authorize the City Manager to Submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development 5. An Ordinance to Declare $8,000,000 of Funding within the Sandbridge Tax Increment Financing District as Surplus Funds in the FY 2009-10 Operating Budget 6. An Ordinance to Amend the City Code Pertaining to Cigarette Tax by Increasing the Amount of the Tax 7. An Ordinance to Amend the City Code Pertaining to Minimum Service Availability Charges and Water Usage Rate 8. An Ordinance to Amend the City Code Pertaining to Dealer and Pawnbroker Permit Applications and Renewals 9. An Ordinance to Amend the City Code Pertaining to Precious Metals Permits 10. An Ordinance to Amend the City Code Pertaining to Taxicab Inspections, Driver's Permit Applications and Permit Renewals 11. An Ordinance to Implement aTwo-Year Moratorium on Dedicated Funding to Open Space Land Acquisitions 12. A Resolution to Increase the Resident Discount Fee from $1 to $2 at Certain Resort Lots and City Garages 13. An Ordinance to Apply for Community Development Block Grant Section 108 Loan Funds from the U.S. Department of Housing and Urban Development 14. An Ordinance to Amend the City Code Pertaining to Fees for the Impoundment of Animals, Generally 15. A Resolution to Temporarily Suspend the Adoption of the Budget Through an Annual Rather Than Biennial Process 16. An Ordinance to Amend the City Code Pertaining to the Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons by Increasing Income and Net Worth Limits 17. An Ordinance to Add Section 35-41 to the City Code Pertaining to Classifying Energy Efficient Buildings 18. A Resolution Affirming Resolution 3347 and Providing for Employee Contributions by Persons Who Become a Virginia Retirement System Member On or After July 1,2010 ^ Public Information: Two public hearings have been held concerning the Operating Budget. Information on these ordinances was disseminated to the public Alternate Version through the normal Council agenda process, including the advertisement of the City Council agenda, pursuant to local and State code requirements. ^ Alternatives: No alternatives are available to implement the FY 2010-11 Operating Budget. ^ Recommendations: It is recommended that the attached ordinances implementing the FY 2010-11 Operating Budget be approved. ^ Attachments: FY 2010-11 Operating Budget Ordinances Letter Dated May 4th from Mayor and Vice Mayor VB School Board Budget Resolution - FY 2010-11 Recommended Action: Approval of Ordinances Submitting Department/Agency: Department of Management Services City Manager: 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1, 2010 AND ENDING JUNE 30, 2011 IN THE SUM OF 3 $ 1,687,648,933 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning 5 July 1, 2010, and ending June 30, 2011, and it is necessary to appropriate sufficient funds to cover said budget; 6 ' 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 Sec. 1. That the amounts named aggregating $2,240,805,802 consisting of $553,156,869 in interfund transfers and 10 $1,687,648,933 for operations, are hereby appropriated subject to the conditions hereinafter set forth for the use of 11 departments, and designated funds of the City government, and for the purposes hereinafter mentioned, as set forth in the 12 Annual Operating Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 2010, and ending 13 June 30, 2011, a summary of which is attached to this ordinance as "Attachment A -Appropriations." 14 15 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations is set 16 forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations attached to this 17 ordinance as "Attachment B -Revenues." 18 19 Sec. 3. With the exception of the School Operating Fund, the total number of full-time permanent positions shall be the 20 maximum number of positions authorized for the various departments of the City during the fiscal year, except for changes 21 or additions authorized by the Council or as hereinafter provided. The City Manager may from time to time increase or 22 decrease the number of part-time or temporary positions provided the aggregate amount expended for such services shall 23 not exceed the respective appropriations made therefore. The City Manager is further authorized to make such 24 rearrangements of positions within and between the departments as may best meet the needs and interests of the City. 25 26 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby 27 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal 28 year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless 29 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the 30 City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing 31 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and 32 progress of any such organizational adjustments. 33 34 Sec. 5. All current and delinquent collections of local taxes shall be credited to the General Fund and, where appropriate, 35 to any special service district special revenue fund or any tax increment financing funds created by City Council. Transfers 36 shall be made from the General Fund to the respective designated funds to~which a special levy is made in the amount of 37 collection for each specially designated fund. 38 39 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the 40 fiscal year ending on June 30, 2011, unless otherwise provided for, are hereby declared to be lapsed into the fund balance 41 of the respective funds, except the School Operating Fund which shall lapse into the General Fund Balance, and may be 42 used for the payment of the appropriations that may be made in the appropriation ordinance for the fiscal year beginning 43 July 1, 2011. However, there shall be retained in the General Fund an undesignated fund balance of 8% to 12% of the 44 following year's budgeted revenues, for contingency and emergency situations, not to be used to support appropriations 45 approved in the ordinance for the fiscal year beginning July 1, 2010, except upon subsequent authorization by City Council. 46 47 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for 48 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water 49 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's, operating expense shall be 50 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue 51 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less Fiscal Year 2010-i1 10 - 1 Budget Ordinances 52 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non-borrowed funds, on a five-year rolling 53 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system. 54 55 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close 56 of the business for the fiscal year ending on June 30, 2011, are hereby declared to be reappropriated into the fiscal year 57 beginning July 1, 2011, and estimated revenues adjusted accordingly. 58 59 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal 60 sources whose period of expenditure extends beyond the fiscal year ending on June 30, 2010, are hereby declared to be 61 reappropriated into the fiscal year be~innins July 1, 2010, and estimated revenues adjusted accordin~lV. 62 63 Sec. 810. No department or agency for which appropriations are made under the provisions of this ordinance shall 64 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. It 65 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the 66 totals for each Appropriation Unit included in this ordinance and does not apply to Interfund Transfers. 67 68 Sec. X811. The City Manager or the Director of Management Services is hereby authorized to approve transfers of 69 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City 70 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the 71 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for 72 Contingencies -Regular, within the intent of the Reserve as approved by City Council. 73 74 Sec. X12. The City Manager or the Director of Management Services is hereby authorized to establish and administer 75 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the 76 programs and services adopted by the City Council. 77 78 .Sec. X13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated 79 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating 80 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, 81 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager 82 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City 83 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The 84 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of 85 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby 86 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for 87 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 88 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded 89 debt of the City Government. 90 91 Sec. X314. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 92 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and 93 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per 94 mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional miles of such use within the 95 fiscal year. 96 97 Sec. X415. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably 98 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to 99 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure 100 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the 101 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City 102 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that 103 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in 104 which the emergency expenditures occurred. Fiscal Year 2010-11 10 - 2 Budget Ordinances 105 106 An emergency is defined for the purposes of this provision as an event that could not have been reasonably 107 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or 108 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protector preserve public 109 properties. 110 111 Sec. X516. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to 112 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of 113 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically 114 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump-sum" amounts. 115 116 Sec. 317. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons 117 responsible for the management of the Appropriation Unit in which the violation occurred. 118 119 , 120 121 122 ' 123 ., +~„ ~,.~,,,,~ ~,,.,~+~ ~.,..,, ~ ~.,+,,,-,,.,~ ~,,.-.,,,.,, ~,,.,,, 124 125 Sec. 18. The City Manager and School Board are authorized to expend funds related to the City and School's GASB45 126 liability in the School Health Insurance Internal Service Fund_ 127 128 Sec. 19. This ordinance shall be effective on July 1, 2010. 129 130 Sec. 20. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 131 affect the validity of the remaining parts of this ordinance. 132 133 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 11`h day of May, 2010. 134 135 Requires an affirmative vote by a majority of all the members of City Council. Fiscal Year 2010-11 10 - 3 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment A -Appropriations 002 General Fund Agriculture Benefits Administration Board of Equalization Circuit Court City Attorney City Auditor City Clerk City Manager City Real Estate Assessor City Treasurer Clerk of the Circuit Court Commissioner of the Revenue Commonwealth's Attorney Communications and Information Technology Community Organization Grants Convention and Visitor Bureau Cultural Affairs Director of Finance Economic Development Emergency Communications and Citizen Services Emergency Medical Services Employee Special Benefits Fire General District Court General Registrar Health Housing and Neighborhood Preservation Human Resources Human Services Independent Financial Services Juvenile and Domestic Relations District Court Juvenile Probation Leases Library Magistrates Management Services Mass Transit Operations Municipal Council Museums Parks and Recreation Planning Police Public Works Regional Participation Reserve for Contingencies Revenue Reimbursements Strategic Growth Area Transfer to Other Funds Vehicle Replacements Wetlands Board of Virginia Beach Zoning Board of Appeals FY 2010-11 Adopted 767,127 662,283 16,732 957,408 3,560,843 577,486 542, 324 2,690,963 2,809,634 4,654,443 2,775,084 3,677,713 7,206,253 21,690,104 379,257 8,686,242 2,353,957 4,691,216 2, 098, 549 9,195, 864 7,119, 054 3,878,361 42,292,935 494,693 1,124,916 3,041,377 1,679, 325 4,222,079 110, 301, 394 153, 878 143,839 2,223, 523 1, 586, 830 15,416,849 97,296 1,448, 304 2, 992,155 553, 348 9,421,107 12,468,357 9,496,344 86,631,319 94,319,811 1, 933, 213 646,441 16,411,728 1,413, 863 458,457,521 3,111,914 14,331 35,501 Fiscal Year 2010-11 10 - 4 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment A -Appropriations FY 2010-11 Adopted Fund 002 Appropriation Totals 973,125,088 098 School Reserve Special Revenue Fund Transfer to Other Funds 13,000,000 Fund 098 Appropriation Totals 13,000,000 106 School Technologv Category Special Revenue Fund Technology 23,346,140 Fund 106 Appropriation Totals 23,346,140 107 School Equipment Replacement Special Revenue Fund Reserve for Contingencies 1,784,597 Fund 107 Appropriation Totals 1,784,597 108 School Instructional Technology Fund Instructional Technology 109 School Vending Operations Fund Athletic 2, 915, 947 Fund 108 Appropriation Totals 2,915,947 570, 539 Fund 109 Appropriation Totals 570,539 112 School Communication Tower Technologv Fund Instructional Technology 560,000 Fund 112 Appropriation Totals 560,000 114 School Cafeteria Fund Cafeteria 27,240,915 Fund 114 Appropriation Totals 115 School Oaeratina Fund Administration, Attendance, and Health Instruction Operations and Maintenance Pupil Transportation 116 School Grants Fund Grants 117 School Textbook Fund Textbook 119 School Athletic Special Revenue Fund Athletic 21,459, 974 499,178, 942 88,975,773 Fund 115 Appropriation Totals 639,160,550 74,483,318 Fund 116 Appropriation Totals 74,483,318 Fund 117 Appropriation Totals Fund 119 Appropriation Totals 6,522,370 4,752,933 4,752,933 Fiscal Year 2010-11 10 - 5 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment A -Appropriations FY 2010-11 130 Law Library Fund Library Reserve for Contingencies Transfer to Other Funds 270,758 4,790 ~~ ~~~ Fund 130 Appropriation Totals 332,800 142 DEA Seized Property Special Revenue Fund Commonwealth's Attorney 200,000 Fund 142 Appropriation Totals 200,000 147 Federal Section 8 Prog_ram Special Revenue Fund Housing and Neighborhood Preservation 16,273,088 Fund 147 Appropriation Totals 16,273,088 149 Sheriffs Department Special Revenue Fund Reserve for Contingencies 300,000 Sheriff and Corrections 35,565,921 Fund 149 Appropriation Totals 35,865,921 150 Inmate Services Special Revenue Fund Sheriff and Corrections 854,024 Transfer to Other Funds 274,551 Fund 150 Appropriation Totals 1,128,575 151 Parks and Recreation Special Revenue Fund Parks and Recreation 27,776,049 Public Works 2,577,098 Transfer to Other Funds 302,003 Fund 151 Appropriation Totals 30,655,150 152 Tourism Growth Investment Fund Convention and Visitor Bureau 100,000 Cultural Affairs 50,500 Mass Transit Operations 590,000 Parks and Recreation 33,343 Public Works 873,262 Strategic Growth Area 3,091,656 Transfer to Other Funds 9,022,466 Fund 152 Appropriation Totals 13,761,227 157 Sandbridge Special Service District Spec Rev Fd Transfer to Other Funds 4,570,000 Fund 157 Appropriation Totals 4,570,000 161 Agriculture Reserve Program Special Revenue Fund Agriculture 159,371 Future C.I.P. Commitments 12,629 Transfer to Other Funds 8,404,138 Fund 161 Appropriation Totals 8,576,138 Fiscal Year 2010-11 10 - 6 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment A -Appropriations FY 2010-11 Adopted 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau 9,089,324 Transfer to Other Funds 56,838 Fund 163 Appropriation Totals 9,146,162 165 Lynnhaven Mall Tax Increment Financing Fund Tax Increment Financing 2,100,000 Fund 165 Appropriation Totals 2,100,000 166 Sandbridae Tax Increment Financing Fund Future C.I.P. Commitments 8,261,274 Fund 166 Appropriation Totals 8,261,274 169 Central Business District-South TIF (Twn Cntr) Fd Future C.I.P. Commitments 500,000 Reserve for Contingencies 119,919 Transfer to Other Funds 5,614,117 Fund 169 Appropriation Totals 6,234,036 172 Open Space Special Revenue Fund Parks and Recreation 464,249 Public Works 15,300 Transfer to Other Funds 4,815,861 Fund 172 Appropriation Totals 5,295,410 173 Major Projects Special Revenue Fund Transfer to Other Funds 20,977,241 Fund 173 Appropriation Totals 20,977,241 174 Town Center Special Service District Parks and Recreation 53,000 Public Works 15,000 Reserve for Contingencies 283,564 Town Center Special Tax District 1,700,576 Fund 174 Appropriation Totals 2,052,140 180 Community Development Special Revenue Fund Housing and Neighborhood Preservation 2,552,715 Reserve for Contingencies 741 Transfer to Other Funds 128,858 Fund 180 Appropriation Totals 2,682,314 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 444,016 Transfer to Other Funds 130,000 Fund 181 Appropriation Totals 574,016 Fiscal Year 2010-11 10 - 7 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment A -Appropriations 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation 183 Grants Consolidated Fund Commonwealth's Attorney Emergency Medical Services Fire Housing and Neighborhood Preservation Human Services Museums Police Public Works Reserve for Contingencies Transfer to Other Funds 241 Water and Sewer Fund Debt Service Public Utilities Reserve for Contingencies Transfer to Other Funds 253 Parking Enterprise Fund Reserve for Contingencies Strategic Growth Area Transfer to Other Funds 255 Storm Water Utility Enterprise Fund Debt Service Public Works Reserve for Contingencies Transfer to Other Funds 302 General Debt Fund Debt Service 540 General Government Caaital Projects 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 182 Appropriation Totals FY 2010-11 Adopted 1,666,970 322,968 284,197 757,260 1, 300, 035 1, 867, 284 31, 000 71,521 15, 000 100, 000 Fund 183 Appropriation Totals 5,149, 265 16, 389, 014 71,764,252 3, 069, 281 Fund 241 Appropriation Totals 106,635,757 1,008, 339 1,875,987 Fund 253 Appropriation Totals 3,872,178 2, 011, 002 11,168,042 223,436 Fund 255 Appropriation Totals 23,947,441 129,450,872 Fund 302 Appropriation Totals 129,450,872 1,159, 951 4, 570, 000 325,000 9, 998, 556 2,022,901 Fund 540 Appropriation Totals 20,119,856 Fiscal Year 2010-11 10 - 8 Budget Urainances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment A -Appropriations FY 2010-11 Adopted 541 Water and Sewer Capital Projects Fund Water and Sewer Capital Projects 5,000,000 Fund 541 Appropriation Totals 5,000,000 555 Storm Water Capital Projects Fund Storm Water Capital Projects 8,626,574 Fund 555 Appropriation Totals 8,626,574 908 City Beautification Fund Parks and Recreation 30,000 Fund 908 Appropriation Totals 30,000 909 Library Gift Fund Library 4,000 Fund 909 Appropriation Totals 4,000 911 Parks and Recreation Gift Fund Parks and Recreation 155,000 Fund 911 Appropriation Totals 155,000 Total Budget Appropriations 2,240,805,802 Less Interfund Transfers 553,156,869 NET BUDGET APPROPRIATIONS 1,687,648,933 Fiscal Year 2010-11 10 - 9 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B -Revenue FY 2010-11 Adopted 002 General Fund Revenue From Local Sources Automobile License 8,734,363 Business License 40,771,644 Charges for Services 35,710,775 Cigarette Tax 11,742,780 Fines and Forfeitures 7,276,472 From the Use of Money and Property 5,456,582 General Sales Tax 50,596,245 Hotel Room Tax 5,148,596 Miscellaneous Revenue 5,106,508 Other Taxes 15,598,883 Permits, Privilege Fees, and Regulatory Licenses 4,627,805 Personal Property 118,574,744 Real Estate 455,888,161 Restaurant Meal Tax 30,665,113 Utility Tax 47,253,219 Revenue from the Commonwealth Other Sources from the Commonwealth 88,961,841 Revenue from the Federal Government 22,608,384 Transfers from Other Funds 18,402,973 Fund 002 Revenue Totals 973,125,088 098 School Reserve Special Revenue Fund Specific Fund Reserves 13,000,000 Fund 098 Revenue Totals 13,000,000 106 School Technologv Category Special Revenue Fund Transfers from Other Funds 23,346,140 Fund 106 Revenue Totals 23,346,140 107 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 108 School Instructional Technologv Fund Specific Fund Reserves 109 School Vendina Operations Fund Revenue From Local Sources From the Use of Money and Property Miscellaneous Revenue Specific Fund Reserves 1,784, 597 Fund 107 Revenue Totals 1,784,597 2,915,947 Fund 108 Revenue Totals 2,915,947 10,000 180,000 380, 539 Fund 109 Revenue Totals 570,539 Fiscal Year 2010-11 10 - 10 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B -Revenue FY 2010-11 Adopted 112 School Communication Tower Technology Fund Revenue From Local Sources From the Use of Money and Property 260,000 Specific Fund Reserves 300,000 Fund 112 Revenue Totals 560,000 114 School Cafeteria Fund Revenue From Local Sources Charges for Services 16,323,753 From the Use of Money and Property 36,000 Miscellaneous Revenue 140,000 Revenue from the Commonwealth Other Sources from the Commonwealth 330,000 Revenue from the Federal Government 10,411,162 Fund 114 Revenue Totals 27,240,915 115 School Operating Fund Revenue From Local Sources Charges for Services 2,691,652 From the Use of Money and Property 465,000 Miscellaneous Revenue 672,000 Revenue from the Commonwealth Other Sources from the Commonwealth 240,022,578 State Shared Sales Tax 67,116,477 Revenue from the Federal Government 16,636,723 Transfers from Other Funds 311,556,120 Fund 115 Revenue Totals 639,160,550 116 School Grants Fund Revenue From Local Sources Miscellaneous Revenue 2,462,768 Revenue from the Commonwealth Other Sources from the Commonwealth 15,491,669 Revenue from the Federal Government 56,528,881 Fund 116 Revenue Totals 74,483,318 117 School Textbook Fund Revenue From Local Sources From the Use of Money and Property 100,000 Miscellaneous Revenue 3,174,577 Revenue from the Commonwealth Other Sources from the Commonwealth 3,247,793 Fund 117 Revenue Totals 6.522.370 119 School Athletic Saecial Revenue Fund Revenue From Local Sources Charges for Services 484,348 From the Use of Money and Property 45,000 Miscellaneous Revenue 4,199,585 Specific Fund Reserves 24,000 Fund 119 Revenue Totals 4,752,933 Fiscal Year 2010-11 10 - 11 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B -Revenue FY 2010-11 Adopted 130 Law Library Fund Revenue From Local Sources Charges for Services From the Use of Money and Property 142 DEA Seized Property Special Revenue Fund Specific Fund Reserves 147 Federal Section 8 Program_Special Revenue Fund Revenue From Local Sources Charges for Services Miscellaneous Revenue Revenue from the Federal Government Transfers from Other Funds 149 Sheriff s Department Special Revenue Fund Revenue From Local Sources Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds 150 Inmate Services Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Specific Fund Reserves 151 Parks and Recreation Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 325, 000 Z 800 Fund 130 Revenue Totals 332,800 Fund 142 Revenue Totals Fund 147 Revenue Totals 200,000 200 one 15, 000 24, 000 16,153, 087 81,001 16.273.088 2,539,443 Fund 149 Revenue Totals Fund 150 Revenue Totals 17,607,506 240, 900 3,303,658 12,174,414 35.865.921 849,975 15, 000 263,600 1.128.575 13,785,688 1, 305, 713 3, 000 Fund 151 Revenue Totals 55,000 1, 000 15, 504, 749 30.655.150 Fiscal Year 2010-11 10 - 12 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B -Revenue FY 2010-11 Adopted 152 Tourism Growth Investment Fund Revenue From Local Sources Amusement Tax 1,140,110 Fines and Forfeitures 943,278 From the Use of Money and Property 539,273 Hotel Room Tax 6,435,745 Permits, Privilege Fees, and Regulatory Licenses 72,091 Restaurant Meal Tax 4,380,730 Transfers from Other Funds 250,000 Fund 152 Revenue Totals 13,761,227 157 Sandbridge Special Service District Spec Rev Fd Revenue From Local Sources From the Use of Money and Property 86,566 Hotel Room Tax 63,360 Other Taxes 800,000 Real Estate 653,647 Specific Fund Reserves 1,155,504 Transfers from Other Funds 1,810,923 Fund 157 Revenue Totals 4,570,000 161 Agriculture Reserve Program Special Revenue Fund Specific Fund Reserves 4,000,000 Transfers from Other Funds 4,576,138 Fund 161 Revenue Totals 8,576,138 163 Tourism Advertisina Proaram Special Revenue Fund Revenue From Local Sources Charges for Services 100,950 From the Use of Money and Property 48,442 Hotel Room Tax 4,576,040 Miscellaneous Revenue 40,000 Restaurant Meal Tax 4,380,730 Fund 163 Revenue Totals 9,146,162 165 Lynnhaven Mall Tax Increment Financing Fund Revenue From Local Sources Real Estate Specific Fund Reserves 166 Sandbridge Tax Increment Financing Fund Revenue From Local Sources From the Use of Money and Property Real Estate 1, 897, 984 202, 016 Fund 165 Revenue Totals 2,100,000 223, 220 8,038,054 Fund 166 Revenue Totals 8,261,274 Fiscal Year 2010-11 10 - 13 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B -Revenue FY 2010-11 Adopted 169 Central Business District-South TIF (Twn Cntr) Fd Revenue From Local Sources From the Use of Money and Property 15,000 Real Estate 5,456,290 Specific Fund Reserves 262,746 Transfers from Other Funds 500,000 Fund 169 Revenue Totals 6,234,036 172 Oaen Saace Saecial Revenue Fund Revenue From Locai Sources From the Use of Money and Property 37,962 Restaurant Meal Tax 3,855,043 Specific Fund Reserves 1,402,405 Fund 172 Revenue Totals 5,295,410 173 Major Projects Saecial Revenue Fund Revenue From Local Sources Amusement Tax 4,560,440 Cigarette Tax 978,565 From the Use of Money and Property 250,657 Hotel Room Tax 6,435,745 Restaurant Meal Tax 4,906,417 Specific Fund Reserves 3,845,417 Fund 173 Revenue Totals 20,977,241 174 Town Center Special Service District Revenue From Local Sources From the Use of Money and Property 191,475 Real Estate 1,710,665 Transfers from Other Funds 150,000 Fund 174 Revenue Totals 2,052,140 180 Community Development Special Revenue Fund Revenue From Local Sources Charges for Services 60,000 Revenue from the Federal Government 2,002,989 Transfers from Other Funds 619,325 Fund 180 Revenue Totals 2,682,314 181 CD Loan and Grant Fund Non-Revenue Receipts 125,000 Revenue from the Federal Government 449,016 Fund 181 Revenue Totals 574,016 182 Federal Housing Assistance Grant Fund Non-Revenue Receipts 125,000 Revenue from the Federal Government 1,541,970 Fund 182 Revenue Totals 1,666.970 Fiscal Year 2010-11 10 - 14 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B -Revenue FY 2010-11 Adopted 183 Grants Consolidated Fund Revenue From Local Sources Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 241 Water and Sewer Fund Non-Revenue Receipts Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Specific Fund Reserves Transfers from Other Funds 253 Parkins Enterprise Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Transfers from Other Funds 255 Storm Water Utility Enterprise Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds 302 General Debt Fund Transfers from Other Funds 540 General Government Capital Projects Fund Transfers from Other Funds 541 Water and Sewer Capital Projects Fund Transfers from Other Funds 555 Storm Water Capital Projects Fund Transfers from Other Funds 49, 252 3, 011, 200 1,657, 503 431,310 Fund 183 Revenue Totals 5,149,265 2,181,550 99,390, 355 1,463, 246 259, 373 3,077,000 264, 233 Fund 241 Revenue Totals 106,635,757 3, 585,195 67,000 219,983 Fund 253 Revenue Totals 3.872.178 21,058, 267 160, 000 2,656, 916 72,258 Fund 255 Revenue Totals 23.947.441 129,450,872 Fund 302 Revenue Totals 129,450,872 20,119, 856 Fund 540 Revenue Totals 20,119,856 5, 000, 000 Fund 541 Revenue Totals 5.000.000 8,626, 574 Fund 555 Revenue Totals 8.626.574 Fiscal Year 2010-11 10 - 15 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2010-11 Budget Ordinance Attachment B -Revenue FY 2010-11 Adopted 908 City Beautification Fund Revenue From Local Sources Miscellaneous Revenue 909 Library Gift Fund Revenue From Local Sources Miscellaneous Revenue 911 Parks and Recreation Gift Fund Revenue From Local Sources Miscellaneous Revenue 30, 000 Fund 908 Revenue Totals 30,000 4, 000 Fund 909 Revenue Totals 4,000 155, 000 Fund 911 Revenue Totals 155.000 Total Budget Revenues Less Interfund Transfers NET BUDGET REVENUES Fiscal Year 2010-11 10 - 16 Budget Ordinances ~/IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE MEMORANDUM TO: Mr. James K. Spore, City Manager ~s. Ruth Hodges Fraser, City Clerk FROM: Dianne P. Alexander, Secretary/Clerk of the Board School Board Services SUBJECT: SCHOOL BOARD RESOLUTIONS DATE: May 5, 2010 Please find attached certified copies of the RESOLUTION REGARDING SCHOOL RESERVE/REVERSION FUNDS FOR THE FY2010/11 - FY2011/12 BIENNIUM adopted by the School Board of the City of Virginia Beach at a special meeting held May 4, 2010. The Clerk of the School Board is directed to deliver copies to the Mayor, each member of the City Council, and the City Manager. Feel free to contact me at 263-1016 if I may be of further assistance. Attachments ec: Dr. James G. Merrill, Superintendent Mr. Farrell E. Hanzaker, Chief Financial Officer School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 - IRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E RESOLUTION REGARDING SCHOOL RESERVEIREVERS[ONEUNDS FOR THE FY241Q111 - FY2Q11f12 BIENNIUM SCHOOL BOARD Daniel D. Edwards Chairman District 1 -Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) • 717-0259 (c) William J. "Bill" Brunke, N Vice-Chairman District 7 -Princess Anne 4099 Foxwood Drive, Suite 201 Virginia Beach, VA 23462 222-0134 (w) • 286-2772 (c) Todd C. Davidson At-Large 2424 Savannah Trail VA Be~h, VA 23456 427-3330 (w) • 285-9409 (c) Emma L. "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Patricia G. Edmonson District 6 -Beach 205 34" Street, #1515 VA Beach, VA 23451 675-0137 (c) Brent N. Mckenzie District 3 -Rose Hall 1400 Brookwood Place VA Beach, VA 23453 816-2736 (c) Ashley K. McLeod At-Large 5508 Del Park Avenue VA Beach,VA 23455 552-0348 (h) Patrick S. Salyer At-Large 1741 Seaton Drive VABeach,VA 23464 s2a21a1(c) D. Scott Seery At-Large 222 Central Park Ave. Ste 1300 VA Beach, VA 23462 333-4042 (w) • 353-7766 (c) Sandra Smith•Jones District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 asaa167 (n) Carolyn D. Weems District 4 - Bayside 1420 Claudia Drive VA Beech, VA 23455 464-6674 (h) SUPERINTENDENT James G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 WHEREAS, the School Board of the City of Virginia Beach has submitted a budget based on utilization of reserve/reversion funds to cushion drastic reductions in local and state revenues and the phase out of federal stimulus funds for the 2010/11- 2011112 biennium; and WHEREAS, these reserve funds are the result of significant reductions in staffing and programs, and closure of a school over the past three years; and WHEREAS, these actions were taken because they were the right things to do in managing the taxpayers' money and because the current economic downturn was anticipated and the need for these funds was contemplated to minimize the impact on our students; and WHEREAS, the return of school reversion funds has been the long-standing precedent to incentivize prudent fiscal management; and WHEREAS, the transfer of $8.9 million in school reserves to the city for FY 2009/10 was approved by the School Board a year ago in budget reconciliation, after assurances from the City of Virginia Beach that this represented cone-time strategy to meet aone-time need which we were told was for roads; and WHEREAS, the School Board does not question the efficacy of the new projects the city now indicates it intends to fund with school reserve/reversion funds, we do question the need to use these funds given the magnitude of the City of Virginia Beach's $167 million in reserve funds as reflected in its June 30, 2009, Comprehensive Annual Financial Report; and WHEREAS, the loss of at least $8.8 million in reserve/reversion funds for the biennium will, as discussed and documented throughout the budget process, result in larger class sizes and the layoff of teachers, reduce the current quality of education provided our students, and hinder the development and implementation of our Compass to 2015 strategic plan to provide students with 21St century skills as demanded by our community; and WHEREAS, this loss also will take its toll on our students and staff as our reserve/reversion funds were meant to maintain all instructional programs, help keep the instructional and employee calendars intact, and to preserve jobs as much as is possible; and WHEREAS, this proposed use of school funds after both the Board and Council have completed extensive interaction with the public through hearings, forums and town hall meetings means that the public has been deprived of any opportunity to comment on this action. Now, therefore, be it RESOLVED: That the School Board formally objects to this use of school-dedicated taxpayer funds that were originally appropriated for the school services, and have been saved by the schools for use in balancing budgets during the upcoming biennium; and be it FURTHER RESOLVED: That the Board requests that City Council refrain from appropriating either existing or anticipated school reserve/reversion funds; and be it FINALLY 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 th ity of Virginia Beach this 4th day of ay 2010 SEAL ~ ~~ Daniel D. Edwards, Chairman Attest: ~Q~ ~ ~~ Dianne P. Alexander, Clerk of the Board GER7IFIED 70 BE AfiRi~E AND C4RREC~"G'CSPlt ~. -~~ n Clerk, oa~rd of the -- City ~ School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 ~ IRGINIA ~E~CI-1 CIT'Y' PUBLIC SCI-IC'~C~LS A H E A D O F T H E C U R V E BUDGET RESOLUTION - FY 2010111 WHEREAS, the mission of the Virginia Beach City Public Schools (VBCPS), in partnership with the entire community, is to empower every student to become alife-long learner who is a responsible, productive and engaged citizen within the global community; and SCHOOL BOARD WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan and school improvement priorities to Daniel D. Edwards guide budgetary decisions; and Chairman District 1 -Centerville the School Board has studied the recommended FY 2010111 Operating Budget in view of state and federal requirements, WHEREAS 1513 Beachview Drive 4 , additional demands for space and operations, the strategic plan, priorities, expectations, competitive compensation for employees and the VA Beach, vA 23as 495-3551 (h) .717-o25s (c) best educational interests of its students; however, the primary driver of the budget is the down economy and its impact of reduced revenues William J. "Bill" Brunke, N at the state and local level; and Vice-Chairman WHEREAS, the budgetary impact relating to final actions by the Virginia General Assembly is known at this time and the School Board District 7 -Princess Anne 4099 Foxwood Drive, suite 201 adjusted the budget accordingly; and Virginia Beach, VA 23462 222-0134 (w) . zs6-2772 (c) WHEREAS, VBCPS has for the past three years reduced its operating expenditures by over $50 million dollars less than budgeted levels during these fiscal years in anticipation of the current economic downturn; and Todd C. Davidson At-Large WHEREAS, the savings achieved by VBCPS have amounted to over $26.2 million dollars, which would have normally been used for major 2424 Savannah Trail one-time purchases; and construction projects, which have been deferred in anticipation of these economic challenges; and have budgeted VA Beach, VA 23456 427-3330 (w) • 285-9409 (c) to use $24 million of the $26.2 million over the biennium; and Emma L. "Em"Dads WHEREAS, the School Board intends to use these school-generated reserves and savings to offset major reductions in both state and local District 5 - Lynnhaven revenues over the next two years; and 1125 Michaelwood Drive VA Beach, VA 23452 the total funds available for FY 2010!11 from the City of Virginia Beach to the School Board of the City of Virginia Beach under WHEREAS 340-8911 (h) , the Revenue Sharing Policy is $365,762,238; and Patricia G. Edmonson District6-Beach WHEREAS, the debt service payment is estimated to be $43,859,978, leaving a balance of $321,902,260 to allocate between the Operating 205 34'" Street, #1515 Budget and the Capital Improvement Program (CIP), and VA Beach, VA 23451 675-0137 (c} WHEREAS, the State now requires school divisions to segregate all technology related budgeted expenditures; VBCPS has now shown Brent N. Mckenzie these technology funds in a separate fund (106 Fund) and these funds totaling $23,346,140 will be moved into the "other special revenue District 3 -Rose Hall funds" shown below and fhe funds available to allocate to the Operating Budget are $298,556,120, and 1400 Brookvrood Place VA Beach, VA 23453 NOW, THEREFORE, BE IT 816-2736 (c) RESOLVED: That the $298,556,120 be allocated as follows: $298,556,120 to the Operating Budget, and $0 to the CIP; and be it Ashley K. McLeod At-Large FURTHER RESOLVED: That $8,800,000 of Reversion Funds for Year-Ended 6/30109 and $4,200,000 of the School Reserve Special 5508 Del Park Avenue VA Beach, VA 23455 Revenue Fund (both of these totaling $13,000,000) be added to the Operating Budget bringing the Operating Budget total with these 552-0348 (h) additions to $311,556,120; and be it Patrick S. Salyer FURTHER RE50LVED: That the City of Virginia Beach has also transferred $4,104,000 from the Sandbridge TIF io the Schools CIP; and At-Large 1741 Seaton Drive be it VA Beach, VA 23464 FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests a Lump Sum Appropriation of $639,160,550 for 620.2141 (c) FY2010/11 from the City Council of Virginia Beach for the School Board FY 2010/11 Operating Budget; and be it D. Scott Seery At-Large FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests an appropriation of $150,113,067 for special grants 222 Central Park Ave. Ste 1300 revenue funds comprised of Federal Grants in the amount of $66,895,598, State Grants in the amount of $15,524,028 and other special VA Beach, VA 23462 333-4042 (w) • 353-7766 (c) revenue funds in the amount of $67,693,441 for the 2010111 fiscal year and chat the total of these funds be included in the Lump Sum Appropriation; and be it Sandra Smith-Jones District 2- Kempsville FURTHER RESOLVED: That the total of the Lump Sum Appropriation is $789,273,617; and be it 705 Rock Creek Court VA Beach, VA 23462 FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board. 4sas167 (h) Adopted by the School Board of the City of Virginia Beach this 20th day of April, 2010 Carolyn D. Weems District 4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 SEAL 464-6674 (h) 'el . Edwar s, Inman ~ ..r,,4-,r,.._.. ~ SUPERINTENDENT m s G. Merrill, S pe' d nt James G. Merrill, Ed.D. Attest: ; 2512 George Mason Drive VA Beach, VA 23456 ~ ,9~ • i ~ ~~p,~/~~~ Cd/~c~z~vr.( k _ _ " 263-1007 ., . l Dianne P. Alexander, Clerk of the Board School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 *~~ ~ ~ ~~d~~r _ v ~~~ q~ -~ - ar~ a~ ~a as n%, S ~~s N 'S Op °UR NA~~O WILLIAM D. SESSOMS, JR. Mayor May 4, 2010 Members of City Council Subject: Operating Budget and CIP Reconciliation Recommendations Dear Council Members: MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757)385-4581 FAX (757) 385-5699 WSESSOMS@VBGOV.COM The Vice Mayor and I would like to offer the City Council some initial recommendations to get us started on our budget reconciliation. This has been an extremely difficult budget year. The economy continues to be sluggish and the State Budget impacts on the City and School system have changed several times. However, we believe it is critical to produce a budget that does not increase the real estate and personal property tax rates and restores cuts to services that our citizens value highly. The details are attached, but here is our reconciliation proposal in general terms: • Last week, the City was notified that the sale of the Waste to Energy Plant was imminent; in fact, we received SPSA's $18.1 million repayment to Virginia Beach last Friday. Due to the uncertainty of this repayment in March, the City Manager's Proposed Budget could not have included this revenue. We believe the best way to allocate these funds is to: - Use $6.2 million toward building two much-needed facilities -the Animal Care and Adoption Center and the Williams Farm Recreation Center. The remaining money to complete these projects would come from the City's retention of $8.8 million in School reversion funds. This would avoid a tax increase to pay for the buildings. We must move quickly to take advantage of the current construction market, which allows us to save money on these projects. We recognize that constructing these buildings will require that we find funding to staff and operate them. We have discussed the use of reversion funding with the School Board Chairman and Superintendent. They understand that not returning this money to the Schools will require them to use more of their reserve fund. Along with the additional $12.1 in State funding, this will hold the adopted School Board Operating Budget harmless. - Dedicate $5.4 million to our fund balance to ensure that it remains at our target of 10% of next year's revenues. City of Virginia Beach VBgovcom - Use $5.1 million to eliminate one cent of the proposed real estate tax rate increase. Members of City Council Operating Budget and CIP Reconciliation Recommendations May 4, 2010 Page 2 Use $1.4 million to help restore services to the community. • We can eliminate the remaining two cents on the proposed real estate tax rate ($10.2 million) by: Using $4 million from the Agricultural Reserve Program balance. - Eliminating the Kempsville and Bow Creek Recreation Center renovation project which also eliminates the proposed increase of three-tenths of one cent ($1.5 million) and frees up $1.08 million in the Recreation Center Fund Balance. - Deferring capital projects Shore Drive Phase II design ($600,000), reducing Nimmo Parkway cost estimate ($1.97 million with no scope reduction) and reducing Wetlands Bank project balance ($1 million). • We would eliminate the proposed 10-cent personal property tax increase by: - Use the savings from the State's lower VRS life insurance rate ($923,000). - Eliminate the facade program ($150,000). - Reduce funding for the Consolidated Benefits Office ($107,814). - Reduce the reserve for contingencies ($100,000). • Originally, the Budget proposed increasing the Taxi Cab Driver's Permit fee from $10 to $100 annually. After hearing from several taxi cab companies, we feel this increase is too drastic. We propose increasing the Taxi Cab Driver's Permit fee, which is the responsibility of the cab driver, from $10 annually to $50 biennially and implement a new Taxi Inspection fee of $50 per year to be charged annually, per cab, to the company to which the cab belongs. This new strategy, which was suggested by several speakers, will generate the same revenue as the old proposal (no change in revenues). • We will challenge the Public Works Department to save at least $500,000 a year by hiring a contractor to dispose of yard debris and hazardous household waste. We included these savings in our proposal. • Though we have concerns about the potential impact on recruitment and retention of new staff, we suggest all new City employees pay 5% toward their retirement benefit costs ($270,000). • State Compensation Board figures received late on April 30t'' restored $263,059 to the Clerk of the Circuit Court's Office and $276,301 to the Sheriff's Office. However, the other Constitutional Offices took further State reductions. Given this, we recommend restoring half of the funding cut by the City to these Offices. This would restore $82,144 to the Commonwealth's Attorney; $300,000 to the City Treasurer; and $247,000 to the Commissioner of the Revenue. State revenue would be increased by $539,360 and our fund balance use increased by $629,144 to make these restorations. Members of City Council Operating Budget and CIP Reconciliation Recommendations May 4, 2010 Page 3 These recommendations allow us to restore the Police Mounted Patrol and Crime Prevention personnel, restore the Human Rights Commission staff position, keep the C.E.R.T. staff person, retain the Fire Department's Life Safety Educator, restore Sunday hours at the libraries, restore several Human Services programs and improve mowing cycles in rural areas. In all, we added back 30.73 positions that were slated for elimination and restored 11 positions eliminated by the State in the Clerk of Circuit Courts Office. More importantly our employees will not be required to take furlough days or endure pay cuts (specific costs for each of these are on the attachment). It is important to note that these recommendations will still lower the total Operating Budget by $80.2 million and will still require the elimination of 170 City positions. We believe that a smaller City government is a necessary step to take as the economic downturn is still affecting us. This plan makes no changes to the current real estate tax rate of 89 cents and the personal property tax rate of $3.70 but relies heavily on using the $18.1 million we just received from SPSA, several fund balances and School reversion funding. This is the second year in a row that we have used a strategy of "one-time" funding. This will likely not be an option next year. Additionally, we cannot continue to rely on the availability of School funding. To address these structural budget issues, we recommend that the City Manager and staff develop along-term financing strategy to ensure the City's financial sustainability. This long-term strategy would be discussed with City Council in November and incorporated into our scheduled Five-Year Forecast briefing. The bottom line is we must be able to adequately support our Schools, maintain critical community services, provide benefits to our valued employees and move forward with long-term capital projects. Finally, we'd like to thank several individuals and groups for helping us through this difficult budget process. First, more than 83 citizens let us know their concerns during two public hearings and many others wrote or emailed suggestions. Some citizens believe we don't listen to them, but you will clearly see their input reflected in this proposal. Second, we'd like to acknowledge the hard- working City and School employees who have endured tremendous anxiety in recent weeks. We believe this proposal will minimize the budget's impact on them. We would also like to thank City Manager Jim Spore and Management Services Director Catheryn Whitesell and their staff. This was a particularly challenging process. We have relied heavily on their knowledge, experience and hard work. Thank you. Sincerely, i i,~2' ` tit~~~-.. William D. Sessoms, Jr. Louis R. Jone Mayor Vice Mayor Enclosures (1) Changes to the City Portion of the Operating Budget To eliminate the proposed 3 cents increase in the Real Estate Tax rate: Use ARP Fund Balance $ 4,000,000 Use Recreation Center Fund Balance orginially set aside for the Kempsville and Bow Creek Recreation Center renovation $ 1,079,500 Reduce Pay-as-you-go funding in CIP and consider replacing it with fund balance from the SPSA payment. $ 5,086,000 Defer the following projects for one year and reevaluate them with next year's CIP (2-116) Shore Drive Phase II $ 600,000 (2-121) Nimmo Parkway $ 1,972,500 (2-268) Wetlands Bank $ 1,000,000 (4-505) Modernization of Kempsville and Bow Creek Rec. Centers $ 1,520,000 Total to replace the Real Estate Tax rate increase: $ 15,258,000 To eliminate the proposed 10 cents increase in the Personal Property Tax rate: VRS Life Insurance Savings (rate dropped) $ 923,000 Eliminate Facade Program $ 150,000 Lower Funding for Consolidated Benefits Office $ 107,814 Lower Reserve for Contingencies $ 100,000 Fund Balance $ 269,186 Total to replace the Personal Property Tax rate increase: $ 1,550,000 Adjustments to make up for lost tax revenues: $ 16,808,000 In response to concerns raised by Citizens and various members of City Council add back the followine proerams: Operating Budget: FY 2011 FY 2012 Police -Crime Prevention Officers $ 594,718 6..00 Police -Mounted Patrol $ 600,226 7.00 Fire -Community Emergency Response Team (CERT) Staff $ 50,774 1.00 Constitutional Officers -restore half of City reduction Commonwealth's Attorney $ 82,144 City Treasurer -restore Kempsville Branch Office $ 305,035 5.23 Commissioner of the Revenue $ 247,000 5.50 Constitutional Officers-Additional State Funding Clerk of the Circuit Court $ 263,059 11.00 Sheriff $ 276,301 - Fire -Life Safety Educator $ 52,323 1.00 Human Services - Respite Care Program (PALS) $ 166,000 1.00 Community Employment Program (sheltered workshop) $ 72,000 - Correctional Services Program $ 44,200 - Skillquest (contracted manpower) $ 17,800 - Regional Participation -Virginia DARE Soil Conservation $ 8,000 - Parksand Recreation -restore rural mowing cycle $ 58,185 - Human Resources -Human Rights Commission Staff $ 64,050 1..00 Libraries -Restore Sunday library hours $ 113,000 x;.00 Economic Development -Replace lost Bond Sale revenues $ 100,000 - Capital Improvement Program: Animal Care and Adoption Center $ 9,811,000 - Williams Farm Recreation Center $ 5,164,058 $ 19,486,000 Total added to the Operating Budget &CIP: $ 18,089,873 $ 19,486,000 41.73 Positions Restored To balance the Operating Budget and Capital Improvement Program Public Works -Reduce City costs by contracting out for household harzardous waste and yard debris disposal $ City-wide -Reduce City costs by requiring new employees to pay the 5% employee portion of VRS $ Increase in State Compensation Board Funding $ Increase Use of Fund Balance General Fund $ General Fund -School Reversion $ Increase Bond Financing $ 500,000 270,000 539,360 7,958,024 8,822,489 19,486,000 Total Increased Funding: $ 18,089,873 $ 19,486,000 -52- A.2. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59927 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance ESTABLISHING the Tax Levy of 89 cents per $100 assessed evaluation on real estate for FY 2011 Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph *, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL 2 YEAR 2011 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 5 Sec. 1. Amount of Levy on Real Estate. 6 There shell be levied and collected for fiscal year 2011 taxes for general purposes on all real estate, including all 7 separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise provided 8 for in this ordinance, at the rate of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation 9 thereof. The real property tax rate that has been prescribed in this section shall be applied on the basis of one hundred 10 percentum 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. 1z 13 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified 14 Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities 15 or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion 16 Controls, and Certain 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 of the 18 Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2010, taxes on all real estate (a) 19 certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the 20 Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as 21 provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified 22 Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental 23 Restoration Site," (e) improved to control erosion as defined by Code of Virginia § 58.1-3665, or (f) qualifying as wetlands 24 and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate of eighty-nine cents 25 ($0.89) on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall 26 be applied on the basis of one hundred percentum of fair market value of such real property except for public service 27 property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 28 29 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 30 There shall be levied and collected for fiscal year 2011, taxes for the special purpose of providing beach and 31 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not 32 exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed value thereof. This 33 real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax 34 rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property 35 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 36 37 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 38 For the special purpose of operating and maintaining the parking garage and providing enhanced services for the 39 plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services 40 authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2010, taxes on all real estate 41 within the Town Center Special Service District, not exempt from taxation, at the rate of forty-five cents ($0.45) on each one 42 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set forth 43 in Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred 44 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis 45 as provided in Section 58.1-2604 of the Code of Virginia. 46 47 Sec. 5 . Amount of Levv on "Enersv-Efficient Buildines". 48 In accordance with Section 58.1-3221.2 of the Code of Vireinia and any relevant section of the City Code there 49 shall be levied and collected for general purposes for the fiscal year 2011, taxes on all real estate that has been classified as 50 an ener~y efficient buildins, not exempt from taxation, at a rate of seventy-four cents ($0.741 on each one hundred dollars 51 of assessed valuation thereof The real property tax rate imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property except for public service property. which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. Sec. 6 5. Severability. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Sec. 7 g. Effective Date. The effective date of this ordinance shall be July 1, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia on this 11`h day of May, 2010. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: i ~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 C' 0 0 ice -53- A.3. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59928 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance ESTABLISHING the Tax Levy of $3.70 per $100 assessed evaluation on personal property and machinery and tools for the Calendar Year 2011 Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph*, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 3 2011 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 Sec. 1. Amount of Levy on the General Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general 8 purposes for the calendar year 2011 on all tangible personal property, including all separate classifications of personal 9 property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the 10 rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof. 11 , 12 ; 13 h .,+7,.~~„ .~.,.,+~,.-.,.,hi~l.,o ~o A^o~.7h.,,d 7r. f'^.~I^ ..F ~/i...i..i-. R [O t ]Cnc /n1 lc1. i 14 ; 16 " 17 18 recyciinSegaipment, facilities er devises"; and 19 20 21 Sec. 2. Personal Property Tax Relief. 22 As required by § 58.1-3524 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), ~e~se~ 23 " 24 25 ^~,' ~~^"~~'^~ not otherwise exempted from taxation in this ordinance or by law, shall be subject to the following: 26 1. Any gualifying~erser-al vehicle with a total assessed value of $1,000 or less will be levied no tax. 27 2. Any gualifyins ~erser~al vehicle with an assessed value of between $1,001 and $20,000 will be levied 30% 28 of the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state under the 29 Personal Property Tax Relief Act equal to the remaining 70% of the computed tax on the first $20,000 of assessed value. 30 3. Any qualifying ~erser~al vehicle with an assessed value of over $20,000 will be levied 30% of the computed 31 tax based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in excess of 32 $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining 70% 33 of the computed tax on the first $20,000 of assessed value. 34 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the City Treasurer is 35 authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due without regard to any 36 former entitlement to state relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a 37 qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such earlier date as 38 reimbursement with respect to such bill is no longer available from the Commonwealth, whichever earlier occurs. 39 Penalties and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax 40 owed. Interest shall be computed from the original due date of the tax. 41 42 Sec. ~3. Amount of Levy on Manufactured Homes. 43 There shall be levied and collected for general purposes for the calendar year 2011 taxes on all vehicles without 44 motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of 45 Virginia, at the rate of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation thereof. Such 46 property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10). 47 48 Sec. ~4. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 49 There shall be levied and collected for general purposes for the calendar year 2011 taxes on all boats or watercraft 50 used for business purposes er-4y (both boats weighing less than five (5) tons and boats weighing five (5) tons or morel 51 except as provided for in Section 6 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred 52 dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in 53 Sections 58.1-3506 (A) (35) and (A) (36). 54 55 Sec. 45. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 56 There shall be levied and collected for general purposes for the calendar year 2011 taxes on all boats or watercraft 57 not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as 58 provided for in Section 6 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 59 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 60 58.1-3506 (A) (1) (a) and (A) (1) (b). 61 62 Sec. 56. Amount of Levy on Machinery and Tools. 63 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general 64 purposes for the calendar year 2011 taxes on machinery and tools, including machinery and tools used directly in the 65 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one dollar ($1.00) 66 on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia § 58.1-3506 (B), the 67 following personal property shall also be taxed at the rate of machinery and tools: 68 a. all tangible personal property used in research and development businesses, as described in Code of 69 Virginia § 58.1-3506 (A) (7); 70 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and 71 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to 72 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506 73 (A)(25). 74 75 Sec. g7. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 76 There shall be levied and collected for general purposes for the calendar year 2011 taxes on all privately owned 77 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on 78 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible 79 personal property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29). 80 81 Sec.~8. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used 82 for Recreational Purposes Only, and Privately Owned Horse Trailers. 83 There shall be levied and collected for general purposes for the calendar year 2011 taxes at the rate of one dollar 84 and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all 85 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately 86 owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b) 87 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of 88 horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Such property 89 declared a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30). 90 91 Sec. 89. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 92 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2011 at the rate of 93 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned 94 and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is 95 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 96 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the 97 rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the 98 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or 99 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or 100 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1- 101 3506 (A) (19). 102 103 Sec.810. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five 104 Years of Age or Anyone Found to be Permanently and Totally Disabled. 105 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and 106 collected for general purposes for calendar year 2011, at the rate of three dollars ($3.00) on each one hundred dollars 107 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least 108 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the 109 Code of Virginia, subject to the following conditions: 110 1. The total combined income received, excluding the first $7,500 of income, from all sources during 111 calendar year 2009 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000). 112 2. The owner's net financial worth, including the present value of all equitable interests, as of December 113 31 of calendar year 2009, excluding the value of the principal residence and the land, not exceeding one (1) acre, upon 114 which it is situated, shall not exceed seventy thousand dollars ($70,000). 115 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the 116 case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle 117 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle 118 may be titled. 119 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if 120 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied. 121 122 Sec. JE811. Assessed Value Determination. 123 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections 124 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia 125 Beach. 126 127 Sec. X12. Severability. 128 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 129 affect the validity of the remaining portions of this ordinance. 130 131 Sec. X13. Effective Date. 132 This ordinance shall be effective January 1, 2011. 133 134 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. 135 136 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~ ~ / Management Services Att ey's Office -54- A.4. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59929 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance AUTHORIZING the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph*, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN 2 ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING 3 AND URBAN DEVELOPMENT 4 WHEREAS, the United States Congress has established legislation designated as the Housing and Community 5 Development Act of 1974 that sets forth the development of viable urban communities as a national goal; 6 7 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities 8 directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income 9 neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock 10 and community services, along with other related activities; and 11 12 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia Beach has 13 developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created 14 the necessary mechanisms for its implementation in compliance with federal and local directives. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to 19 submit the City's FY 2011 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and 20 assurances contained therein and such additional information as may be required, to the Department of Housing and Urban 21 Development to permit the review, approval, and funding of the Plan. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit 's ice -55- A.S. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59930 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance DECLARING $8-Million within the Sandbridge Tax Increment Financing District (TIF) as surplus in the FY 2009-10 Operating Budget Voting: 9-1 Council Members Voting Aye: Glenn R. Davis, Harry E Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO DECLARE $8,000,000 OF FUNDING WITHIN THE SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS FUNDS IN THE FY 2009-10 OPERATING BUDGET WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special Service District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration and management at Sandbridge; WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding is adequate for long-term beach and shoreline restoration and management along Sandbridge; WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding to meet long-term obligations for beach and shoreline restoration and management; WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the project; and WHEREAS, $ 8,000,000 is available as an unencumbered appropriation in the FY 2009-10 Sandbridge TIF Reserve for Future Commitments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That $ 8,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term obligations for beach and shoreline restoration and management and is hereby declared surplus. (2) That $ 8,000,000 is hereby transferred within the FY 2009-10 Operating Budget from the Sandbridge TIF to the General Fund -Unappropriated Real Estate Tax Revenues. BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: ~( < Management Services APPROVED AS TO LEGAL SUFFICIENCY: ' ffi e -56- A.6. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-I1 RESOURCE MANAGEMENT PLAN. ITEM # 59931 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance AMENDING the City Code re Cigarette Tax to increase the tax amount Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph *, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO CIGARETTE TAX BY INCREASING THE AMOUNT OF THE TAX BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-207 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Sec. 35-207. Levied; Amount. There is hereby levied and imposed by the City, upon each sale of cigarettes, a tax equivalent to thirty two and fifty tk~+~-ae~-fi#t~ 32.50) {-30:50) mills per cigarette sold within the City, the amount of such tax to be paid by the seller, if not previously paid, in the manner and at the time provided for in this article. The tax shall be reduced by two and one-half (2.5) mills per cigarette on June 30, 2027. There shall be a penalty for late payment of the tax imposed herein in the amount of ten (10) per centum per month, and interest in the amount of three-quarters of-one (0.75) per centum per month, upon any tax found to be overdue and unpaid. This ordinance shall be effective July 1, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: ,( J { Management Services APPROVED AS TO LEGAL SUFFICIENCY: Attor 's Office -57- A.7. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-I1 RESOURCE MANAGEMENT PLAN. ITEM # 59932 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance AMENDING the City Code re minimum Service Availability charges and Water Usage renewals Voting.• 9-1 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph Council Members Absent.• Rita Sweet Bellitto May 11, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO MINIMUM SERVICE AVAILABILITY CHARGES AND WATER USAGE RATE SECTIONS AMENDED: CITY CODE §§ 37-46 AND 37-47 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 37-46 and 37-47 of the Code of the City of Virginia Beach are hereby amended and reordained, to read as follows: Sec. 37-46. Minimum service availability charges prescribed. Each consumer shall pay a monthly minimum service availability charge as follows for each meter connecting his premises with the city water system: Meter Size Monthly Charge: Gff^~*~~~^ '~~'~~' '^^O Effective July 1, 2010 5/8 inch X4-18 4.41 3/4 inch ~5 5.56 1 inch X69 7.91 1 1/2 inch 4~6 13.56 2 inch x&18 20.41 3 inch 3b:A9 36.31 4 inch ~9 59.01 6 inch.-99 116.31 8 inch ~84~8 184.31 10 inch X4:99 264.31 12 inch 494-A9 491.31 Fire Hydrant Meter 3.6:99 36.31 Sec. 37-47. Water usage rates prescribed. In addition to the charges provided for in section 37-46, each consumer shall pay for water usage the rate of _. .. .... ,., ....... ., .,.. .... ...,..~ ..... ....~.... ~~.., ....,, p . ... ... ... .. .....~.,.... ,,., ~_,., ., .,, a.... ,,. ..., ..., ,...,...~ _, _,, ., .,, .. .. .... ...,...... ., ... ... ., ....... ..~ ^f '~o,-~ '~~~~~ four dollars and forty-one cents ($4.41) per one thousand (1,000) gallons, as of July 1, 2010. BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: ' At or y's OfFice -58- A.8. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59933 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance AMENDING the City Code re Dealer and Pawnbroker permit applications and renewals Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph*, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO DEALER AND 2 PAWNBROKER PERMIT APPLICATIONS AND RENEWALS 3 SECTION AMENDED: § 18-32 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That Section 18-32 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read as 6 follows: 7 8 Sec. 18-32. Permit required. 9 (a) No person shall engage in the activities of a dealer as defined in Section 18-76.1, pawnbroker, junk dealer, or 10 secondhand dealer without first obtaining a permit from the chief of police. 11 12 (b) To obtain a permit, the applicant shall file with the chief of police an application form which includes the 13 applicant's full name, any aliases, address, age, date of birth, sex, and fingerprints; the Warne, address, and telephone 14 number of the applicant's employer, if any; and the location of the applicant's place of business. Upon filing this application 15 and the payment of the permit fee set forth in subsection (g) of this section, the applicant shall be issued a permit by the 16 chief of police or his or her designee, provided that the applicant has not been convicted of a felony or crime of moral 17 turpitude within seven (7) years prior to the date of application. Further, the permit shall be denied if the applicant has 18 been .denied a permit or has had a permit revoked under any statute or ordinance similar in substance to the provisions of 19 this section, and may be denied if the applicant has been a principal or associate in any partnership, corporation or other 20 business enterprise which has been subject to civil or criminal penalty or any order to cease doing business issued by a 21 federal, state, or local governmental law enforcement or consumer protection agency. 22 23 (c) The chief of police, prior to issuance or renewal of a permit, shall determine that the applicant intends to 24 conduct business at a fixed and permanent location, and shall require proof of ownership of the proposed business 25 premises by the applicant or the applicant's employer, or evidence of a valid lease of such premises held by the applicant or 26 the applicant's employer of no less duration than the term of the license. Conduct of business from a hotel, motel, 27 temporary lodging unit or similar location shall not satisfy the requirements of this section. 28 29 (d) No more than sixty (60) days prior to issuance of the permit required by this section, the applicant must have 30 any weighing devices used in the business inspected and approved by local or state weights and measures officials and 31 present written evidence of such approval to the chief of police or his or her designee. 32 33 (e) This permit shall be valid until the end of the current business license year and may be renewed in the same 34 manner as such permit was initially obtained upon payment of an annual permit fee. No permit shall be transferable. 35 36 (f) If the business of the applicant is not operated without interruption, with Saturdays, Sundays and recognized 37 holidays excepted, the applicant shall notify the chief of police of all closings and reopenings of such business. The business 38 of a applicant shall be conducted only from the fixed and permanent location specified in the application for a permit. 39 40 (g) The initial and annual permit fee shall be two hundred dollars ($200.00) for a dealer as defined in Section 18- 41 76.1, and t~•~^^*•~ f;..^ ~'^"~~~'r~~ ^^` one hundred dollars ($100.00) for a pawnbroker, junk dealer or secondhand dealer; 42 provided, however, that if an applicant applies for an initial or renewal permit as a dealer of precious metals and gems at 43 the same time as the applicant applies for an initial or renewal permit as a junk dealer or secondhand dealer, the applicant 44 need only pay the two hundred dollar ($200.00) permit fee. If the chief of police refuses to issue such permit, the applicant 45 shall be notified, in writing, of the reasons for the refusal and the applicant may appeal such refusal to the city council 46 within thirty (30) days from the date of such notice. 47 48 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2010. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: L Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit for ffice -59- A.9. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59934 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance AMENDING the City Code re Precious Metals permits Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph *, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rita Sweet Bellitto May 11, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO PRECIOUS METALS PERMITS SECTION AMENDED: § 27-3 follows: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 27-3 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read as Sec. 27-3. Authority of department to furnish copies of records, perform certain services, etc., and fees therefore. (a) The department of police is hereby authorized to release forensic photographs after all criminal charges are resolved and when such release is provided by law, to furnish photostatic copies of accident reports and offense reports, and to allow such reports to be viewed by proper persons consistent with the provisions of the Virginia Freedom of Information Act, Code of Virginia § 2.2-3700. (b) The chief of police is hereby authorized to make record checks and reports (local record only) and take fingerprints of individuals on request. For the processing of applications for permits required by law, the following fees shall be charged: (1) Record check and report by name (local) ... $ 15.00 (2) a. First fingerprint card requested by individuals ...10.00 b. Subsequent fingerprint cards requested by individuals ...5.00 (3) Certificate for public convenience and necessity ...50.00 (4) Precious metals permit ... ~AA:99 300.00 (5) Vendor permit ...25.00 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: l~ ~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: Att r 's ffice -60- A.10. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59935 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION ojthe Operating Budget: Ordinance AMENDING the City Code re Taxicab inspections, driver's permit applications and permit renewals Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph *, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO TAXICAB 2 INSPECTIONS, DRIVER'S PERMIT APPLICATIONS AND PERMIT RENEWALS 3 SECTIONS AMENDED: § 36-72, 36-138 and 36-147 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That Sections 36-72, 36-138 and 36-147 of the Code of the City of Virginia Beach, Virginia are hereby amended and 6 reordained to read as follows: 7 8 Sec. 36-72. Maintenance and inspection. 9 10 (a) Every taxicab operated in the city shall be kept in good, clean, neat and safe condition and appearance. 11 12 (b) It shall be the duty of the chief of police to make inspections of taxicabs operated in the city and to maintain 13 records of his or her findings. 14 15 (c) To defray the cost of performing such inspections, the owner of each vehicle shall pavan annual inspection 16 fee of fifty dollars ($50.00) per vehicle. 17 18 Sec. 36-138. Application fee. 19 20 Each person filing an application pursuant to section 36-137 shall pay to the city treasurer an application fee of ~ 21 d~~A~ fifty dollars ($50.00). 22 23 Sec. 36-147. Renewal. 24 25 A taxicab driver's permit issued under this division may be renewed every two years by the chief 26 of police, if the applicant for such renewal is, at the time thereof, qualified under the provisions of this division to have 27 issued to him or her an original taxicab driver's permit. At the time of such renewal, two (2) recent photographs of the 28 applicant shall be filed with the chief of police, to be used for the same purpose that photographs filed with an original 29 application are used, along with a renewal fee of fifty dollars ($50.00) made payable to the city 30 treasurer. 31 32 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2010. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I' Management Services Cit y's Office -61- A.11. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-I1 RESOURCE MANAGEMENT PLAN. ITEM # 59936 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance IMPLEMENTING atwo-year Moratorium on dedicated funding to Open Space Land acquisitions Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph*, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 1 AN ORDINANCE TO IMPLEMENT ATWO-YEAR MORATORIUM ON DEDICATED 2 FUNDING TO OPEN SPACE LAND ACQUISITIONS 3 WHEREAS, Ordinance 2641H allocated funds from increased revenue generated by the two and one-half (2.5) 4 percent increase in the tax on transients obtaining lodging, the two and one-half (2.50) mills increase in the tax levied on 5 the purchase of cigarettes, and the one (1) percent increase in the tax on meals purchased at food establishments; and 6 7 WHEREAS, the Major Projects Special Revenue Fund and Open Space Special Revenue Fund have been established 8 by the FY 2001-02 Appropriations Ordinance to receive the transfers of revenues from these taxes and to provide a means 9 of providing funding to certain projects and obligations; and 10 11 WHEREAS, the Open Space Special Revenue Fund has nearly achieved its goal of acquiring property, and given the 12 need to apply available revenues to other service demands, as provided in the Operating Budget and Capital Improvement 13 Program, the provision of dedicated funds specifically for open space land acquisition is suspended for FY 2010-11 and FY 14 2011-12; and 15 16 WHEREAS, after two years, the funding dedication will be reviewed to determine whether the goals have been 17 accomplished and in the context of the overall City revenues. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 20 21 The dedicated meal tax will still be allocated to the Open Space Special Revenue Fund for operations, debt service, 22 development and maintenance of previously acquired open space property, and park infrastructure. Further, previously 23 appropriated funds will serve as a source of funding for open space property acquisition based on the priorities set by the 24 Open Space Advisory Committee. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: ~~ c D Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 City A ney's Office -62- A.12. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59937 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Resolution INCREASING the Resident Discount fee at certain Resort lots and City garages Voting: 9-1 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 2 A RESOLUTION TO INCREASE THE RESIDENT DISCOUNT FEE FROM $1 TO $2 AT CERTAIN RESORT LOTS AND CITY GARAGES WHEREAS, since 1994 City of Virginia Beach residents with a valid driver's license and a Virginia Beach address pay $1 to park at resort lots or garages after 5 p.m. and all day at Sandbridge and Croatan lots; and facilities; WHEREAS, an increase of rates would allow the City to cover some operating and maintenance costs of its parking NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager or his designee is hereby directed to increase the Resident Discount Fee from $1 to $2 for those city parking lots currently providing $1 for parking for Virginia Beach residents. The effective date of this resolution shall be July 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2010. APPROVED AS TO CONTENT: r Management Services APPROVED AS TO LEGAL SUFFICIENCY: C' tto s Office -63- A.13. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-I1 RESOURCE MANAGEMENT PLAN. ITEM # 59938 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance to APPLY for Community Development Block Grant (CDBG) Section 108 loan funds from U.S. Department of Housing and Urban Development (HUD) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph *, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rita Sweet Bellitto May I1, 2010 1 2 3 AN ORDINANCE TO APPLY FOR COMMUNITY DEVELOPMENT BLOCK GRANT SECTION 108 LOAN FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the Department of Housing and Urban Development has established the Section 108 Loan Program under the Community Development Block Grant Program to provide funding for large community development projects; and WHEREAS, Section 108 Loan funds are necessary to fund the Lighthouse Center Project and other Department of Housing and Neighborhood Preservation programs. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is herby authorized and directed to submit a Section 108 Loan Application to the U.S. Department of Housing and Urban Development (HUD), and to provide such assurances, understandings and additional information as are or may be required by HUD. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit for 0 ce -64- A.14. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59939 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council REMOVED FROM AGENDA, BY CONSENSUS: Ordinance AMENDING the City Code re fees for the impoundment of animals May 11, 2010 -65- A.15. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59940 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Resolution to TEMPORARILY SUSPENDED adoption of the City's Budget through an ANNUAL rather than biennial process Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph*, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A RESOLUTION TO TEMPORARILY SUSPEND THE ADOPTION OF THE BUDGET THROUGH AN ANNUAL RATHER THAN BIENNIAL PROCESS WHEREAS, the City adopted a biennial budget process in FY 2005-06 as way to improve the planning and forecasting of resource management decisions; and WHEREAS, given the unprecedented economic uncertainty, the biennial process is not in the best interest of the City at this time. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach will prepare a budget on an annual rather than biennial process until a level of stability returns to the economy allowing reasonable projections. BE IT FURTHER RESOLVED: That the effective date of this resolution shall be July 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2010. APPROVED AS TO CONTENT: ~" 1,.~/ Management Services APPROVED AS TO LEGAL SUFFICIENCY: Ci o s Office -66- A.16. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-I1 RESOURCE MANAGEMENT PLAN. ITEM # 59941 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance to AMEND the City Code re exemption or deferral of Real Estate Taxes for the Elderly or Disabled Persons by increasing the net worth limit Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph *, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 EXEMPTION OR DEFERRAL OF REAL ESTATE TAXES FOR ELDERLY OR 3 DISABLED PERSONS BY INCREASING INCOME AND NET WORTH 4 LIMITS 5 SECTIONS AMENDED: §§ 35-64 AND 35-67 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows: Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc. (a) Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division shall be granted to persons subject to the following provisions: (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially held, on June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or persons. (2) The head of the household occupying the dwelling and owning title or partial title thereto or either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided, however, that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years of age. (3) For the .tax exemption programs, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty- three thousand four hundred and fifty dollars ($63,450) 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. (4) For the tax freeze program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty-t#ree seven thousand 0~ 67 000 ;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. (5) For the tax exemption programs, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000.00). (6) For the tax freeze program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000.00). (7) For the tax deferral program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty-twee seven thousand 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 ~} 67 000 • 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. (8) 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 three hundred and fifty thousand dollars ($350,000.00). (9) The dwelling is occupied. Sec. 35-67. Amount of exemption. When a person claiming exemption under this division conforms to the standards and does not exceed the limitations contained in this division, the tax exemption shall be as shown on the following schedule: Total income, All Sources Tax Exemption $0.00 - $47, 100.00 100% $47,100.01 - $51,200.00 80% $51,200.01 - $55,300.00 60% $55,300.01 - $59,400.00 40% $59,400.01 - $63,450.00 20% No lien shall accrue as a result of the amount certified as exempt. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: ~~~/l1D Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 Attorn s ce -67- A.17. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59942 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: Ordinance to ADD §35-41 to the City Code re classifying "energy efficient" buildings Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph*, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rita Sweet Bellitto May 11, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO ADD SECTION 35-41 TO THE CITY CODE PERTAINING TO CLASSIFYING ENERGY EFFICIENT BUILDINGS SECTION ADDED: §35-41 WHEREAS, Section 58.1-3221.2 of the Code of Virginia provides that energy-efficient buildings, not including the real estate or land on which they are located, are a separate class of property from other classifications of real property. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-41 shall be added to the City Code to read as follows: Sec 35-41. Energy Efficient Buildings. ll In accordance with Code of Virginia § 58.1-3221.2 as amended, energy-efficient buildings, not including the real estate or land on which they are located are a separate class of property from other classifications of real property. The definition of "energy-efficient buildings" and requirements for certification as an "energy-efficient building' shall be in accordance with Code of Virginia, § 58.1-3221.2, as amended. jcZ The owner of an energy-efficient building may apply to the city building official on forms provided by the city building official for certification as an energy-efficient building. Upon application by the owner of an energy-efficient building, the city building official shall inspect the property and certify that the building meets the technical requirements for classification. ~ Any appeal of a determination of the city building official under this section shall follow the appeals process provided by local and state law for appeals of determinations under the Virginia Uniform Statewide Building Code. ll Upon review and certification by the city building official, the application and certification shall be forwarded to the commissioner of the revenue and the real estate assessor for purposes of the city land book and assessment. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: ~ l,(. Management Services APPROVED AS TO LEGAL SUFFICIENCY: I Ity At ey Ice -68- A.18 ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. ITEM # 59943 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: ADOPTED and AFFIRMED Resolution No. 3347 re employee contributions to the Virginia Retirement System (VRS) July 1, 2010 Voting.• 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph *, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A RESOLUTION AFFIRMING RESOLUTION 3347 AND PROVIDING FOR EMPLOYEE CONTRIBUTIONS BY PERSONS WHO BECOME A VIRGINIA RETIREMENT SYSTEM MEMBER ON OR AFTER JULY 1, 2010 WHEREAS, the City of Virginia Beach previously affirmed its desire to provide the employee contribution to the Virginia Retirement System (VRS) in Resolution 3347, enacted November 25, 2008; and WHEREAS, the General Assembly has enacted Chapter 737 of the Acts of the Assembly, 2010, which defines a "person who becomes a [VRS] member on or after July 1, 2010" to mean "a person who is not a member of a retirement plan administered by the Virginia Retirement System the first time he [or she] is hired on or after July 1, 2010, in a covered position;" and WHEREAS, additionally, Chapter 737 of the Acts of Assembly, 2010, provides that if the City does not elect to pay the employee portion of member contributions for persons who become a member on or after July 1, 2010, such members shall be required to pay the employee portion of member contributions to VRS. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; 1, 2010. That Resolution 3347 is hereby affirmed for any City employee who becomes a VRS member prior to July BE IT FURTHER RESOLVED; That any City employee who is a "person who becomes a [VRS] member on or after July 1, 2010" shall be required to pay the employee portion of member contributions to VRS. Adopted by the Council of the City of Virginia Beach, Virginia on the 11`h day of May, 2010. APPROVED AS TO CONTENT: 'J~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: At 's ice -69- B.1. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-11 RESOURCE MANAGEMENT PLAN. FY 2010-11 CAPITAL BUDGET ITEM # 59944 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: ADOPTED, AUTHORIZED FY-2011/FY--2016 Capital Improvement Program (CIP); and, APPROPRL4TED $201,656,037for the FY2011 Capital Budget, subject to funds being provided from various sources set forth therein Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph *, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 1 AN ORDINANCE TO ADOPT THE FY 2011/FY 2016 CAPITAL IMPROVEMENT 2 PROGRAM AND TO APPROPRIATE $201,656,037 FOR THE FY 2011 CAPITAL 3 BUDGET SUBJECTTO FUNDS BEING PROVIDED FROM VARIOUS SOURCES 4 SET FORTH HEREIN WHEREAS, the City Manager, on March 30, 2010, presented to City Council the Capital Improvement Program for fiscal years 2011 through 2016; WHEREAS, City Council held public hearings on the program to provide for public comment; WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital Improvement Program; and WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2011 fiscal year, as set forth in said Capital Improvement Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital facilities identified for fiscal years 2011 through 2016 is hereby adopted, and the projects listed therein are hereby approved as capital projects. Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any manner at any time by City Council. Section 3. That funds in the amounts aggregating $201,656,037 for capital projects in the Capital Budget for the 2011 fiscal year, asset forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A-Capital Budget Appropriations," a copy of which is attached hereto. Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget for the 2011 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment B - Financing Sources." Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital Improvement Program and reallocated as identified in "Attachment C -Transfers," a copy of which is attached hereto. Section 6. That reductions in financing sources in support of the Capital Budget for the 2011 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment D -Changes in Financing Sources." Section g 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be initiated except with the consent and approval of the City Council first being obtained, and an appropriation for a project in the Capital Improvement Program shall continue in force until the purpose for which it was made has been accomplished or abandoned. Section ~ 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. Section 8 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is hereby authorized to 53 establish and administer the budgeting of capital projects consistent with best management practices, reporting requirements 54 and the Capital Improvement Program adopted by the City Council. 55 56 Section ~ 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 57 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" mean 58 water and sewer projects having the same name or project scope and description with the exception of "water" or "sewer" 59 being in the title and/or project scope and description. 60 61 Section ~A 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject to 62 any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects included in 63 this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or realized 64 revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of Management 65 Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, those appropriations 66 to equal the changed financing source. The City Manager must give prior notice to the City Council of any reductions to total 67 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation 68 reduction and the capital projects affected. The accounting records of the City will be maintained in a manner where the total of 69 financing sources is equal to the total appropriations for each of the City's capital projects funds. 70 71 Section ~ 12. That the Capital Improvement Program debt management policies contained and included in the Resource 72 Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report on the status 73 of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines, such 74 information to be included in the Resource Management Plan submittal. The City Manager may propose modifications to those 75 policies and guidelines through the Resource Management Plan. 76 77 Section ~3 13. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 78 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 79 80 Section ~4 14. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 81 person or persons responsible for the capital project in which the violation occurred. 82 83 Section X515. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 84 decision shall not affect the validity of the remaining portions of this ordinance. 85 86 Section ~ 16. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 87 2011 Capital Budget shall be effective on July 1, 2010. 88 89 Adopted by the City Council of the City of Virginia Beach, Virginia on this 11`h day of May, 2010. 90 91 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: ~ ~~ .~ c~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: Ci to 's Office City of Virginia Beach, Virginia Attachment A -Capital Budget Appropriations Project Number Projects Appropriations FY 2010-11 Buildings - CRO 3103000 Heritage Building -Maintenance Program Buildings -QELL 3175000 Virginia Beach Lifelong Learning Center (Partial) 3262000 TCC Expansion/Operation Smile Headquarters Buildings -QPE 3125000 Large Vehicle Repair Shop 3366000 Various Buildings HVAC Rehabilitation and Renewal - Ph II 3367000 Various Buildings Rehabilitation and Renewal -Phase II 3368000 Various Site Acquisitions 3503000 Lighthouse Multi-Service Center Buildinos - SC 3054000 VB Animal Care/Adoption Center & K-9 Unit Replacements 3133000 Fire Training Center Improvements -Phase III 3244000 Fire and Rescue Station -Chesapeake Beach 3317000 Police Special Ops/Forensics/Evidence Complex 3371000 Fire Apparatus -Phase II Coastal 8004000 Various Minor Dredging Projects 8007000 Rudee Inlet Outer Channel Maintenance Dredging 8014000 Lynnhaven Inlet Maintenance Dredging 8023000 Sandbridge Beach Access Improvement & Sand Mgmt 8110000 Eastern Branch Lynnhaven River Dredging 8282000 Sandbridge Beach Restoration 8830000 Rudee Inlet Federal Dredging Total Buildings - CRO Projects 75,000 850,000 ~~~ ~~~ Total Buildings -QELL Projects 1,550,000 1,799,970 200,000 419, 807 1,436,000 3,946,000 Total Buildings -QPE Projects 7,801,777 9,811,000 400,000 754,891 334,719 Total Buildings - SC Projects 14,158,971 150, 000 280,000 100, 000 225,000 795,842 4,345,000 Total Coastal Projects 6,355,842 City of Virginia Beach, Virginia Attachment A -Capital Budget Appropriations Project Appropriations Number Projects FY 2010-11 Communications and IT - QO 3052000 CIT- IT Service Continuity 513,998 3068000 CIT - IT Network Infrastructure Replacement -Phase II 207,000 3119000 CIT -Cable Access Infrastructure Replacement Phase I 313,000 3340000 CIT -Telecommunications Replacement 325,000 3613000 CIT -Analysis of Retirement of Mainframe Applications 128,226 3615000 CIT -Business Rev/Personal Property RACS Implementation 952,000 Total Communications and IT - QO Projects 2,439,224 Communications and IT - SC 3142000 CIT -Communications Infrastructure Replacement -Phase II 1,900,000 Total Communications and IT - SC Projects 1,900,000 Economic and Tourism Dev - EV 9060000 Oceana & Interfacility Traffic Area Conformity & Acquisition 15,000,000 9081000 Strategic Growth Area Projects 2,000,000 9082000 Oceanfront Garages Capital Maintenance 300,000 9141000 Economic Development Investment Program (On-Going) 2,348,556 9500000 Virginia Beach Amphitheater Capital Maintenance 150,000 9503000 Grommet Park Restrooms 250,000 Total Economic and Tourism Dev - EV Projects 20,048,556 I II City of Virginia Beach, Virginia Attachment A -Capital Budget Appropriations Project Appropriations Number Projects FY 2010-11 Parks and Recreation 4013000 Community Recreation Ctrs Repairs & Renovations - Ph II 2,900,000 4016000 Parks & Special Use Facilities Develop. & Reno. -Phase II 1,171,573 4018000 Greenways, Scenic Waterways & Natural Areas -Phase II 131,473 4024000 Park Playground Renovations -Phase II 300,000 4036000 Tennis Court Renovations -Phase II 100,000 4053000 Field Hockey National Training Center Repairs & Renovations 602,664 4063000 Athletic Fields Lighting & Renovations -Phase II 236,715 4071000 Williams Farm Community Recreation Center -Design & Build 24,650,058 4074000 City Bikeways and Trails Plan Implementation - Phase I 150,000 4075000 Pedestrian System Improvements - Phase I 50,000 4080000 Sportsplex & Field Hockey National Training Center Repairs and Renovations - Phase I 430,100 4306000 Open Space Park Development and Maintenance -Phase II 750,000 4309000 Mount Trashmore Signature Park Renovations -Phase II 250,000 4501000 Athletic Fields Energy Conservation Renovations 400,000 4502000 Lynnhaven Boat Ramp & Beach Facility Repairs/Renovations 246,833 4503000 Parks & Recreation Administration Offices Relocation 337,500 4504000 Park Parking Lot Repairs & Renovations 50,000 4506000 Parks Infrastructure Renewal and Replacement 825,000 Total Parks and Recreation Projects 33,581,916 Roadways 2021000 Rural Road Improvements 100,000 2031000 Street Reconstruction 2,150,000 2039000 Computerized Traffic Signal System Upgrade/Repl. 2,725,000 2048000 Princess Anne Rd./Kempsville Rd. Inter. Impr. (First Cities) 11,047,668 2072000 First Colonial Rd/Va. Beach Blvd. Intersection Imp. 3,700,000 2074000 I-264 Great Neck Ramps 2,030,984 2083000 Diamond Springs Road Bridge Replacement 200,000 2121000 Nimmo Parkway-Phase V-A (VDOT) 11,302,320 2143000 Laskin Road Gateway -Phase I-A 2,000,000 2145000 Wesleyan Drive (First Cities Project) 745,783 2150000 Salem Rd/Princess Anne Rd Intersection Improvement 154,000 2160000 City Wide Street Lighting Improvements -Phase II 60,000 2176000 Transportation Network Analysis 100,000 2178000 Highway Safety Improvement Program 2,862,120 2190000 Congestion Relief/Safety Improvement Program Phase I 5,117,350 2263000 Major Bridge Rehabilitation 660,000 2300000 Traffic Safety Improvements -Phase III 46,152 2837000 Various Cost Participation Projects 100,000 Total Roadways Projects 45,101,377 City of Virginia Beach, Virginia Attachment A -Capital Budget Appropriations Project Number Projects Appropriations FY 2010-11 Schools 1001000 Renovations and Replacements -Energy Management 1026000 College Park Elementary School Replacement 1078000 Pupil Transportation Services Maintenance Facility 1099000 Renovations and Replacements -Grounds -Phase II 1103000 Renovations and Replacements - HVAC Systems -Phase II 1104000 Renovations and Replacements -Reroofing -Phase II 1105000 Renovations and Replacements -Various -Phase II 1106000 Kellam High School Replacement 1232000 Tennis Court Renovations Sewer Utility 6019000 Resort Area Neighborhood Revitalization 6041000 Pump Station Modifications -Phase V 6061000 Comprehensive Emergency Response & Planning -Phase II 6070000 Infiltration, Inflow and Rehabilitation -Phase V 6085000 Sanitary Sewer Aging Infrastructure Program -Phase II 6089000 Comprehensive Sewer Master Planning -Phase IV 6106000 Various Roadway/Storm Water Coordination -Phase V 6405000 Customer Information System Version Migration 6411000 CIT-Service Area Master Planning & Info. System (SAMPIS) 6451000 Engineering Services -Various Projects -Phase I 6501000 Auxiliary Power Program-Sewer Pump Stations-Phase III 6506000 Sanitary Sewer System Revitalization Program -Phase I 6557000 SGA Sanitary Sewer System Improvements 6612000 Pump Station Wet Well Revitalization -Phase I 6973000 Sanitary Sewer Capacity Program -Phase I 900,000 4,879,954 850,000 850,000 3,950,000 2,800,000 1,125,000 19, 381,846 280,000 Total Schools Projects 35,016,800 3,500,000 2,709,037 150, 000 4,600,000 1,200,000 200, 000 100, 000 125,000 50,000 50,000 301,963 4,000,000 1,200,000 400,000 1,643,729 Total Sewer Utility Projects 20,229,729 City of Virginia Beach, Virginia Attachment A -Capital Budget Appropriations Project Number Projects Appropriations FY 2010-11 Storm Water 7004000 Storm Water Infrastructure Rehabilitation 7010000 Elizabeth River Shores (Partial) 7027000 SWM Master Planning, Analysis, and Inventory 7036000 Baker Road Culvert & Ditch Improvements 7037000 Bellamy Manor Outfall Ditch 7038000 Thoroughgood Drainage 7063000 Neighborhood Storm Water Infrastructure Improvements 7067000 Primary System Infrastructure Improvements 7091000 Residential Drainage Cost Participation Program 7152000 Lake Management 7153000 Lynnhaven Watershed Restoration 7159000 Water Quality Participation Projects 7183000 Storm Water Quality Enhancements Water Utility 5011000 Beach Garden Park - Kilborne Ct & Holly Rd Improvements 5046000 Comprehensive Emergency Response & Planning -Phase II 5090000 Lynnhaven Pkwy -Phase XI Water Improvements (VDOT) 5255000 Automated Mobile Water Meter Reading System -Phase I I 5302000 Potable Wells Evaluation Program -Phase II 5303000 Water Quality Program -Phase III 5400000 Fire Hydrant Program -Phase II 5405000 Customer Information System Version Migration 5451000 Engineering Services -Various Projects -Phase I 5501000 Water Pumping Station and Tank Upgrade Pgm-Phase I 5602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 5708000 Resort Area Neighborhood Revitalization 5802000 Utility Crossings Condition Assessment -Phase I 5804000 Water Line Extension, Replacement & Rehab Pgm-Phase I 5805000 Water System Aging Infrastructure Program -Phase I 5806000 Backflow Prevention &Cross-Connection Control Pgm-Ph II 5944000 Princess Anne Rd. Water Improvements-Phase IV (VDOT) 5967000 Water Resources Investigation & Planning -Phase I 3,238,800 550,000 150,000 270,000 450,000 95,000 185,000 810,000 50,000 536,280 385,000 100,000 1,806,494 Total Storm Water Projects 8,626,574 450,000 200,000 40,000 687,000 150,000 100,000 100,000 125,000 50,000 673,700 49,300 500,000 50,000 100,000 900,000 136, 271 359,000 100,000 Total Water Utility Projects 4,770,271 Total Capital Budget 201,656,037 I II City of Virginia Beach, Virginia Attachment B -Financing Sources Capital Budget Financing Sources FY 2010-11 Federal Contribution 6,308,000 Franchise Fees 313,000 Fund Balance -General Fund 31,527,923 Fund Balance -Other 2,515,187 General Appropriations 20,119,856 General Obligation Bonds 68,014,722 Private Contribution 900,000 Public Facility Revenue Bonds 19,486,000 Reimbursement -Interest Expense 2,223,549 Retained Earnings -Parking 150,000 Retained Earnings -Water and Sewer 20,000,000 Sale of Property 5,989,776 State Contribution 10,481,450 Storm Water Utility Fund 8,626,574 Water and Sewer Fund 5,000,000 Total Capital Budget 201,656,037 Attachment C- Transfers Project # Appropriations Prior to FY 2010-11 Cultural and Recreational Opportunities Parks and Recreation Proiects Transfer To: 4016000 Parks & Special Use Facilities Develop. & Renvo -Phase II $ 45,268 4300000 Community Rec Centers Repairs & Renovations -Phase 111 273,459 4304000 Recreation Office and Storage at School Sites -Phase III 92,507 Total Transfer To: $ 411,234 Transfer From: 4001000 Norfolk Avenue Multipurpose Trail $ 1,529 4008000 Marshview Property Planning 5,710 4009000 Community Rec Centers Repairs & Renovations - Phase I 273,459 4030000 Recreation Office and Storage at School Sites -Phase II 92,507 4031000 Little Island Pier Access Improvement 8,839 4032000 Parking Lot Improvements 1,511 4033000 Municipal Skate Parks 5,448 4046000 Williams Park Improvement 17,456 4950000 Neighborhood Park Development 4,775 Total Transfer From: $ 411,234 Quality Education and Lifelong Learning School Proiects Transfer T o: 1026000 College Park Elementary School Replacement $ 2,286,817 Total Transfer To: $ 2,286,817 Transfer F rom: 1106000 Kellam High School Replacement $ 2,286,817 Total Transfer From: $ 2,286,817 Quality Organization Communication and Information Technology Proiects Transfer To: 3602000 CIT -Oracle Applications Release 12 Upgrade $ 2,376,355 Total Transfer To: $ 2,376,355 Transfer From: 3045000 CIT -Enterprise Data & Information Management Plan - Phase I $ 400,000 3079000 CIT -City-wide Municipal Wide Area Network -Phase II 676,355 3082000 CIT - IPv6 Analysis 50,000 3209000 CIT -Enterprise Electronic Records Management System 1,250,000 Total Transfer From: $ 2,376,355 Quality Physical Environment Roadway Proiects Transfer To: 2048000 Princess Anne Rd/Kempsville Rd Intersection Improvements (First Cities) $ 21,020,063 2143000 Laskin Road Gateway -Phase I-A 1,699,924 2300000 Traffic Safety Improvements -Phase III 600,000 Total Transfer To: $ 23,319,987 Transfer From: 2025000 Witchduck Road -Phase II (First Cities) $ 2,091,900 2035000 Avalon Avenue -Avalon Woods 500,000 2067000 Sandbridge Road Safety Improvements 746,045 2072000 First Colonial Road/Virginia Beach Boulevard Intersection Improvements 3,758,414 2076000 Laskin Road Gateway 1,000,000 Attachment C- Transfers Appropriations Prior to Project # FY 2010-11 2115000 Shore Drive Intersections -Demonstration Project 2116000 Shore Drive Corridor Improvements -Phase II (Partial) 2118000 Shore Drive Corridor Improvements -Phase IV 2152000 Elbow Road Extended -Phase II (First Cities) 2157000 Lynnhaven Parkway -Phase IX (VDOT) 2190000 Congestion Relief/Safety Improvement Program -Phase I 2195000 Princess Anne Road -Phase VII 2256000 Indian River Road -Phase VII (First Cities) 2305000 Princess Anne Road -Phase IV (VDOT) 2931000 Witchduck Road - Phase I (First Cities) Water and Sewer Utility Projects Transfer To: 5501000 Water Pumping Station and Tank Upgrade Program 5952000 Water Pump Station Flow Monitoring and Data Storage 6041000 Pump Station Modifications -Phase V 6106000 Various Roadway / Stormwater Coordination -Phase V 6501000 Auxiliary Power Program -Sewer Pump Stations -Phase III 6602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 6603000 Witchduck Road - Phase I Sewer Improvements 6804000 Sanitary Sewer Regulatory Compliance Program -Phase I 6973000 Sanitary Sewer Capacity Program -Phase I Total Transfer From Transfer From: 5017000 Public Utilities Public Access Renovations -Building # 2 5084000 System Expansion Cost Participation Agreements -Phase II 5087000 Bayway Road Water Improvements - 51% Program 5089000 Various Roadway /Storm Water Coordination -Phase V 5092000 Landstown Yard Improvements -Phase III 5119000 Flow Monitoring System 5130000 Lynnhaven Parkway Extended 5131000 Tank Upgrade Progam -Phase III 5162000 Backflow Prevention &Cross-Connection Control 5163000 Various Water Infrastructure Maintenance Support 5166000 Automated Mobile Water Meter Reading System 5167000 Water Tank Upgrade Program -Phase III 5401000 Records Management Improvements 5601000 First Colonial Rd/Va. Beach Blvd Intersection Improvements 5604000 Princess Anne Road Water Improvements -Phase VII 5752000 HVAC Bldg. 20 5801000 Various Water Infrastructure Maintenance Program -Phase II 5803000 Water Valve Condition Assessment & Maintenance 6027000 Kenley Rd / Bonney Rd Sewer Improvements - 51 % Program 6031000 Sewer Appurtenances Evaluation & Improvements 6033000 Infiltration, Inflow & Rehabilitation -Phase III 6081000 Laskin Road Phase II & Gateway Improvements 6086000 Public Utilities Public Access Renovations -Building # 2 6138000 Landstown Yard Improvements -Phase III 6148000 System Expansion Cost Participation Agreements -Phase II 6149000 Princess Anne Sewer Force Main Phase IV (VDOT) 6178000 Virginia Beach Middle School Water & Sewer Improvements 6502000 Private Sanitary Sewer Pump Station Abandonment Program 6601000 First Colonial Rd/Va. Beach Blvd Intersection Improvements Total Transfer To: 250,000 600,000 1,699,924 3,254,885 750,000 500,000 592,923 5,500,000 1,075,896 1,000,000 $ 23,319,987 $ 139,966 286,176 734, 848 31,655 198,037 69,600 25,600 3,599,024 1,856,271 $ 6,941,177 350,000 500,000 61,021 240,000 500,000 286,176 15,466 17,476 3,551 923 200,000 72,490 78,226 130,000 850,000 11,891 50,000 991 345,000 57,285 26,106 20,800 350,000 700,000 1,000,000 210,000 310,000 253,690 190,000 Attachment C- Transfers Appropriations Prior to Project # FY 2010-11 6604000 Witchduck Rd -Phase II Sewer Improvements 3,501 6752000 HVAC Bldg. 20 11,891 6801000 Various Sewer Infrastructure Maintenance Support -Phase II 85,129 6803000 Sewer Valve Condition Assessment & Maintenance 9,564 Total Transfers From: $ 6,941,177 Safe Community Building Projects Transfer To: 3244000 Fire and Rescue Station -Chesapeake Beach 3365000 Fire Facility Rehabilitation and Renewal -Phase II Transfer From: 3248000 Fire and Rescue Station - Blackwater Various Business Areas $ 193,909 100,000 Total Transfer To: $ 293,909 $ 293,909 Total Transfer From: $ 293,909 $ 100,000 603,848 3,700,000 296,152 315,496 295,000 104, 000 Total Transfer To: $ 5,414,496 Transfer To: 2052000 Traffic Signal Rehabilitation 2300000 Traffic Safety Improvements -Phase III 2401000 Greenwich Road/Cleveland Street Crossover 3093000 CIT -Planning -Business System Integration Implementation 3102000 Alarm System Monitoring/MOSCAD 3503000 Lighthouse Multi-Service Center 3602000 CIT -Oracle Applications Release 12 Upgrade Transfer From: 0601000 Housing CD Loan and Grant FY 2009-10 (grant funding) 2268000 Wetlands Mitigation Banking 3344000 Police Fourth Precinct -Replacement (Partial) 3084000 CIT - eGIS -Digital Submission of Construction Plans 3368000 Various Site Acquisitions Total Transfer From $ 295,000 $ 1,000,000 315, 496 104, 000 3,700,000 $ 5,414,496 Attachment D -Reductions in Non-City Funding Amount of Funding Project # Reduction Source Cultural and Recreational Opportunities 4017000 Golf Courses Equipment and Infrastructure -Phase II $ 200,000 Golf Course Enterprise Fund 4020000 Shore Drive Corridor Trails - Phase I 3,477 State Contribution 4076000 Playgrounds on the Beach 7,500 Va Beach Hotel/Motel Assn Total Reduction: $ 210,977 Quality Physical Environment 2165000 Laskin Road -Phase II (First Cities) (Partial) $ 1,000,000 State Contribution Total Reduction: $ 1,000,000 -~o- B.2. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-I1 RESOURCE MANAGEMENT PLAN. FY20I0-11 CAPITAL BUDGET ITEM # 59945 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: ADOPTED, AUTHORIZED the issuance of General Obligation Public Improvement Bonds in the maximum amount of $68,180,000 for various public facilities and general improvements Voting.• 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph*, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION 2 PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, 3 VIRGINIA, IN THE MAXIMUM AMOUNT OF $68,180,000 FOR VARIOUS 4 PUBLIC FACILITIES AND GENERAL IMPROVEMENTS 5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general obligation 6 public improvement bonds for various purposes in the maximum amount of $68,180,000, as permitted by the City Charter, without 7 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, VIRGINIA: 10 11 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various 12 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants and 13 will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the 14 borrowing of up to $68,180,000 and issuing the City's general obligation bonds therefor. 15 16 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 17 issued general obligation public improvement bonds of the City in the maximum amount of $68,180,000, to provide funds, 18 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal, 19 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following: preliminary 20 studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site acquisition, relocation of 21 residents, utility relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services, 22 inspection and support services, furniture and equipment, and contingencies. 23 24 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combined with 25 bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 26 27 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their 28 dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 29 manner as the Council may hereafter provide by appropriate resolution or resolutions. 30 31 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if any, and 32 interest on which its full faith and credit shall be irrevocably pledged. 33 34 6. All or anv portion of the bonds may be issued under any applicable taxable bond program authorized by the 35 American Recovery and Reinvestment Act. The debt service on anv such bonds will be budgeted and accounted for on a cross 36 basis (before the subsidv) with a correspondins revenue line equal to the federal subsidv. 37 38 7 g. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 39 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the 40 issuance of the Bonds. 41 42 8 ~. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 43 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 44 45 9 8. That this ordinance shall be in full force and effective from its passage. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia on this 11`h day of May, 2010. 48 49 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT: 1, _- ~ . f Management Services APPROVED AS TO LEGAL SUFFICIENCY: l C' orn s ffice -~1- B.3. ALTERNATE VERSION ORDINANCES/RESOLUTIONS RE FY 2010-I1 RESOURCE MANAGEMENT PLAN. FY 2010-11 CAPITAL BUDGET ITEM # 59945 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED the ALTERNATE VERSION of the Operating Budget: ADOPTED, AMENDED the City Code re Sanitary Sewer Service charges, effective July 1, 2011, 2012, 2013 and 2014 Voting: 9-1 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph Council Members Absent: Rita Sweet Bellitto May I1, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO SANITARY SEWER SERVICE CHARGES SECTIONS AMENDED: CITY CODE § 28-26 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 28-26 of the Code of the City of Virginia Beach is hereby amended and reordained, to read as follows: Sec. 28-26. Sanitary sewer charges established. The following monthly charges are hereby established with respect to all property connected directly or indirectly to the public sewer system maintained by the city: 1) Residential uses: a) Single-family detached residences:~~15.92 effective deli^&, 2985-and~~lf}-,88-ef€eeti~re Jel;=-1, 2996, and~17:7~-enfest+v~J~l~1, 2 '15:41-a#est+ve-J~1~1, 29(x, $19.54 effective July 1, 2009, and $22.12 effectiv_e_July 1, 2011: and $24.86 effective Julv 1 2012• and $27.76 effective July 1 2013• and $30.81 effective Julv 1 2014. b) Structures with two (2) or more family residential units with one (1) connection to the public sewer system, except where structures meet the criteria set forth in subsection (e), and trailer parks: (1) First unit o r trailer: $15.9-2-e;Test+v~~ly--1z"z9(-}5•,-i,,;u-~1~-e#eet+v~J~-1~1, ~9Oo;-a„a $17.72 effective-J~+ly-1z '290- , a„a~1S~1~;Teet+ve-~4y-1;Z~99~,-$19.54 effective July 1, 2009, and $22.12 effective July 1 2011; and $24.86 effective July 1 2012• and $27.76 effective July 1 2013• and $30.81 effective July 1 2014. (2) Each additional unit or trailer: ~".°^ ^ff^^+;,,,, ~„~„ , ~°°~ .,,~ c, ~ ~~ sf,,,-+~,,., i..i„ ~ ,' 2996~nd~13.29--e€feet+ve-1u1~1,2907-~,a~1~95~f;eet+v~1~1~1z29(~;-$14.65 effective July 1, 2009, and $16.60 effective lulu 1, 2011; and $18.66 effective lulu 1 2012• and $20.83 effective July 1 2013• and $23.12 effective July 1 2014. c) Hotels and motels: (1) First room provided for occupancy: $16.92 effective July-&, 2896~~1~~-a#eet+ue Jul~1, 2996, and~17.72 effective Jtrl~1, 2907-,-~~15~1--e;TeEt+ae-Jtrl~-1229°x$19.54 effective July 1, 2009, and $22.12 effective July 1, 2011: and $24.86 effective July 1 2012• and $27.76 effective July 1 2013• and $30.81 effective July 1, 2014. (2) Each additional room provided for occupancy: $6.39 effective Jal~~-1, i995o-;T ooo, a.. ~ =rz,Tes~,4c~,y-=, ,-.~,-m~~~,-.~.,~„~_, ~; $7.84 effective July 1, 2009, and $8.89 effective July 1 2011• and $9.99 effective July 1 2012• and $11.15 effective July 1 2013• and $12 38 effective lulu 1, 2014. d) Campgrounds: 44 (1) First space provided: c, c•o~ ~fF„~+;,,,, i„i„ , ~nnc .,,r C, c nn „fF„~+;,,~ i„i„ , ~nnc -,,,,~ , .' , 45 c, ~ ~~ „ff,,,.+;,,,, ~„i„ , ~nn~ -..,,~ c, e c, „ff,,,.+•, „ i„i. , ~nno $19.54 effective July 1, 2009, and 522.12 effective July 46 1 2011; and $24.86 effective July 1, 2012; and $27.76 effective July 1 2013• and $30.81 effective July 1 2014. 47 48 (2) Each additional space provided: cc ~n „ff,,,.+;,,~ i„i„ , ~nn~ ~.,,~ Cc ~~ .,ff„~+•,,,, i, i„ , 49 ~nnc ~n~ c~ „ „ff,,,.+•, „ i , , ~nm ,~ c~ n~ ff +• i i , ~nn4 $7.84 effective July 1, 2009, and $8.89 effective 50 July 1, 2011; and $9.99 effective July 1, 2012; and $11.15 effective July 1 2013• and $12.38 effective July 1 2014. 51 52 e) If a structure or property has two (2) or more family residential units, each of which is directly 53 connected to the public sewer system owned and operated by the city, the charge for individual unit(s) shall be no less 54 than • 55 ~~nn~ -, ., .J c, o c, n .,•+ ~,ff +• i ~ , ~nn4 $19.54 per unit effective July 1, 2009, and $22.12 effective July 1, 56 2011; and $24.86 effective July 1 2012• and $27.76 effective July 1 2013• and $30.81 effective July 1 2014. 57 58 f) Separately metered multi-unit structures served by aprivately-owned, on-site sewer collection 59 system with a single connection point to the city's sewer system shall be charged c„.o^ .,,,r ,,..;+ „ff,,,.+;,,~ ~„~., , ,nn~, 60 -end C'12F"i(i nffnrti~~~ ~~~~~~ ~ ~nnc ,~ c,~ ~n fF +• i it , ~nm a Y,~ ac FF +• ~ i , ~nno $14.65 effective I 1 I Y 61 July 1, 2009, and $16.60 effective July 1, 2011; and $18.66 effective July 1, 2012; and $20.83 effective July 1, 2013; and 62 $23.12 effective July 1, 2014. 63 64 2) Nonresidential uses: 65 , 66 67~,~; 68 69 Tai 5iae ~^,,.,+~~„ n~,.,.,,,, 70 3;~4 ineh c^16-9.8 71 &ineh 29.18 72 1 1r2 inch X9.45 73 2ineh 68.5 74 3 inch 118 75 4ineh 19$.5b 76 6 ineh X95.5-1 77 8 inch 9~~ 78 19 inch },~31.}} 79 12 inch 2,31.1-4• 80 81 / 82 83 suedule: 84 85 Tai Si;=e P.4orIt~Cg2 86 3,<4 ineh c 1b.94 87 1 ineh ~},fig 88 1 1,~2 ineh 4.35 89 2insh ~^.1S 90 3ineh 15.99 91 4 ineh 21&~ 92 6 ineh 422-4.2 93 8 insh 9,8120 94 10 inch 1~"~538 95 12 inch 260:41 96 97 , 98 99 °~",~; 100 101 Tai Sias nn.,n+tii., ~h-,.-,,,, 102 3,G4 inch ~ 1~T9 103 1 inch 2z~6 104 1 1,~2 i+~sh 44~ 105 2 insh ~6-7.89 106 8 inch 1~g 107 4insh 220.90 108 6 inch 448.4• 109 8 inch 1;~0~6~ 110 40 insh 1~0T13. 111 12 insh ',~~~q-3. 112 113 , 114 115 116 117 Tai Sipe A.4o,~*",'r~y-C~i~ge 118 3¢4 insh c 18~ 119. &insh -X8.`38. 120 1 1,~2 insh 469 121 2 insh 70-~ 122 8 insh 188:-gg 123 4 insh 2~?g4 124 6 insh 468-z~ 125 8 insh 1~1,8~z-7 126 10 insh 1a~9.~4 127 12 insh i;7~~ 128 129 Effective July 1, 2009, for all nonresidential uses in which there is also supplied public water service, the sanitary sewer 130 service charge shall be determined by the size of the water tap through which water is provided, as per the following 131 table: 132 133 Tap Size Monthly Charge 134 3/4 inch $19.61 135 1 inch 24.76 136 1 1/2 inch 49.02 137 2 inch 74.30 138 3 inch 145.85 139 4 inch 243.64 140 6 inch 489.01 141 8 inch 1,135.86 142 10 inch 1,878.81 143 12 inch 2,848.23 144 145 Effective '~~'~~'~09, July 1, 2011, for all nonresidential uses in which there is also supplied public water service, the 146 sanitary sewer service charge shall be determined by the size of the water tap through which water is provided, as per 147 the following table: 148 149 Tap Size Monthlv Charge Effective July 1, 2011 150 3/4 inch c,~ 22.21 151 1 inch ~ 28.04 152 1 1/2 inch 49~ 55.52 153 2 inch X4-.38 84.15 154 3 inch , ^~ 165.18 155 4 inch ~4 275.94 156 6 inch 489:81 553.83 157 8 inch ','~3T8o 1,286.00 158 10 inch ',°~= 2,128.00 159 12 inch "',°~~ 3,226.00 160 161 162 Effective '~~'~~~^~, July 1, 2012, for all nonresidential uses in which there is also supplied public water service, the 163 sanitary sewer service charge shall be determined by the size of the water tap through which water is provided, as per 164 the following table: 165 166 Tap Size Monthlv Charge Effective July 1, 2012 167 3/4 inch ~'~ 24.97 168 1 inch X8:94 31.52 169 1 1/2 inch srs-.5~ 62.40 170 2 inch 84~ 94.58 171 3 inch 4~-5~,8 185.66 172 4 inch "x-94 310.16 173 6 inch 5~3:-~3 622.50 174 8 inch ','~9 1,446.00 175 10 inch "',~~ 2,392.00 176 12 inch ','~S 3,626.00 177 178 Effective '~~'~~~~, July 1, 2013, for all nonresidential uses in which there is also supplied public water service, the 179 sanitary sewer service charge shall be determined by the size of the water tap through which water is provided, as per 180 the following table: 181 182 Tap Size Monthlv Charge Effective July 1, 2013 183 3/4 inch X24.97 28.06 184 1 inch 3-1:5 35.43 185 1 1/2 inch ~?48 70.14 186 2 inch 94:58 106.31 187 3 inch ~&~ 208.68 188 4 inch 33~f, 348.61 189 6 inch X58 699.67 190 8 inch ~44F}-98 1,625.00 191 10 inch "','~°~Ao 2,688.00 192 12 inch ~2F-98 4,075.00 193 194 Effective .~;;~1, 2913, July 1, 2014, for all nonresidential uses in which there is also supplied public water service, the 195 sanitary sewer service charge shall be determined by the size of the water tap through which water is provided, as per 196 the following table: 197 198 Tap Size Monthly Charge Effective July 1 2014 199 3/4 inch $-2S:8F~ 31.15 200 1 inch 34-3 39.32 201 1 1/2 inch 7&~4 77.84 202 2 inch ~n~ 117.98 203 3 inch X88-:6~ 231.60 204 4 inch '^~ 386.89 205 6 inch ~7 776.51 206 8 inch ',-.r '~-Ao 1,804.00 207 10 inch ~8~-99 2,983.00 208 12 inch 4;O~S-98 4,523.00 209 210 a) For all nonresidential uses in which public water service is not available, the monthly charge shall 211 be as follows: 212 (1) 0-4 commodes: S31.gs effect~oe daly-1, 2095, and-.33.87 effective dufy-1, 29(~~~ 213 SAS ~~ ^FF^^*'~~^ ~~~~; ~ ~nm -. ,~ $~~ an Ff / ~ ~ ~nn4 $39.21 effective July 1, 2009, and 544.40 effective July 214 1, 2011; and $49.90 effective July 1 2012• and $55.72 effective July 1 2013• and $61 83 effective July 1 2014 215 216 (2) Each additional commode over four (4): ~G.~o ^ff^,.+;,,~ ~„~., , ,nnc, .,,,,~ cc ~~ ff «• 217 , , $7.84 effective July 1, 2009, and 58.89 218 effective July 1, 2011; and $9.99 effective July 1 2012• and $11 15 effective July 1 2013• and $12 38 effective July 1 219 2014. 220 221 The charges prescribed in this section shall be calculated for each service period by multiplying the number of days in 222 the service period by the applicable daily charge for the rates on a twelve (12) month basis. 223 224 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11`h day of May, 2010. APPROVED AS TO CONTENT: ~~ .A a ~. Management Services APPROVED AS TO LEGAL SUFFICIENCY: C' At e s Office -72- Item M.1. APPOINTMENTS ITEM # 59946 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Beatriz Amberman Juanita Felton 4 Year Term 7/1/10 - 6/30/14 ARTS and HUMANITIES COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 -73- Item M.2. APPOINTMENTS ITEM # 59947 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Joseph Bovee Fred Hazelwood Kal Kassir - Ex Officio 3 Year Term 7/1/10 - 6/30/13 BAYFRONT ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -74- Item M.3. APPOINTMENTS ITEM # 59948 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Barbara Ferguson 3 Year Term 7/1/10 - 6/30/13 BEACHES and WATERWAYS COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -~s- Item M.4. APPOINTMENTS ITEM # 59949 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Bruce W. Drees Richard M. Hildreth Howard E. Kuhns 3 Year Term 7/1/10 - 6/30/13 BIKEWAYS and TRAILS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -76- Item M. S. APPOINTMENTS ITEM # 59950 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Harry Diezel Louis R. Jones William D. "Will" Sessoms, Jr. John E. Uhrin 2 Year Term 7/I/10 - 6/30/12 HAMPTON ROADS PLANNING DISTRICT COMMISSION - HRPDC Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -~~- Item M. 6. APPOINTMENTS ITEM # 59951 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Gene J. Hou 3 Year Term S/1/10 - 3/31/13 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -~s- Item M. 7. APPOINTMENTS ITEM # 59952 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Carla Bailey Linda M. Bright Michael W. Chinn Derek R. Redmond 2 Year Term 6/1/10 - S/31/12 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rita Sweet Bellitto May 11, 2010 -79- Item M.8. APPOINTMENTS ITEM # 59953 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Kirk D. Berkhimer Robert Cantrell Paul Hamaker Jeremy Johnson Kale Warren 3 Year Term 7/1/10 - S/31/13 Richard Bowie Lillie R. Gilbert Steven A. Lurus 4 Year Term 7/1/l0 - S/31/14 OPEN SPACE AD VISOR Y COMMITTEE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -80- Item M.9. APPOINTMENTS ITEM # 59954 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Dr. Michael Summers Unexpired Thru 8/3l/12 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May I1, 2010 -81- Item M.10. APPOINTMENTS ITEM # 59955 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Peter W. Schmidt 4 Year Term 7/1/10 - 6/30/14 SOCIAL SERVICES BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -82- Item M.ll. APPOINTMENTS ITEM # 59956 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Bruce J. Meyer 4 Year Term 7/1/10 - 6/30/14 TIDEWATER COMMUNITY COLLEGE BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -83- Item M.12. APPOINTMENTS ITEM # 59957 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Master Police Officer James D. Price 3 Year Term 6/1/10 - S/31/13 TOWING AD VISOR Y BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Rita Sweet Bellitto May 11, 2010 -84- Items P. ADJOURNMENT ITEM # 59958 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7:33 P.M. ~, y/~~/ Beverly O. Hooks, CMC Chief Deputy City Clerk - ----- - - -~-='~`'~J uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non Agenda items adjourned at 7:45 P.M. May I1, 2010 -84- Items P. ADJOURNMENT ITEM # 59958 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7:33 P.M. ,;. y/o•%.~ Beverly O. Hooks, CMC Chief Deputy City Clerk :~ --------------- ---- ~=-e-c./ Ruth Hodges raser, MMC City Clerk City of Virginia Beach Virginia w~~ William D. Sessoms, Jr. Mayor The Public Dialogue re Non-Agenda items adjourned at 7:45 P.M. May 11, 2010 -85- PUBLIC DIALOGUE Peter Dinardo, 1417 Ewell Road, Phone: 460-5041, proud resident of Virginia Beach for forty-three (43) years, married with frve (S) children. Over the years, he has supported the pro family environment promoted by the City. Forty (40) Days For Life is a National Campaign of Fasting and Prayer. Peaceful Prayer vigils are held at local Abortion Clinics to bring awareness to the community and reconsideration of abortion. Approximately fifty (SO) churches joined in the effort of a new Planned Parenthood Abortion facility currently under construction at 51 S Newtown Road and due to open next week. Charles J. Gorski, III, 529 Woodlake Road, Phone: 431-8835, represented Hampton Roads Pro Life, comprised of most of the larger churches in the area. Mr. Gorski presented relative data in binders plus 10, 615 petition signatures (S, 390 from Virginia Beach and 5, 225 from Hampton Roads). Said petitions are hereby made a part of the record. Pastor Quinton Savage, SS00 Fountain Court, Phone; 227-5656, resident of the Lake Edward Community. Reverend Savage spoke in opposition to the Planned Parenthood Abortion Facility. Parn Messina, 1808 Amberfield Drive, Phone: 975-2166, spoke re her abortion as a result of criminal rape and explained the adverse effects she has suffered knowing she aborted a beautiful little girl. May 11, 2010