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HomeMy WebLinkAboutMAY 8, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WlLLlAM D. SESSOMS, JR., At-Laige V/CE MAYOR LOUYS R. JONES, Bnvside - District 4 GLENN R. DAV/S, Rose Hnl/ - Dish-ic( 3 WILLIAM R. DeSTEPH, AFLnrge HARRY E. DLEZEL, Keroipsvi!!e - Dish•ict 2 ROBERT M. DYER, Centervrlle - Dish•ict ! BARBARA M. HENLEY, Princess Anne - Dish-ict 7 JOHN D.MOSS, At-Lmge JOHN E. UHRIN, Beacla - District 6 ROSEMARY W/LSON, At-Lm•ge JAMES L. WOOD, Lvnnhnven -Distric! S CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITYATTORNEY- MARKD. ST/LES C/TY ASSESSOR - JERALD D. BANAGAN CITYAUD/TOR-I.YNDONS. REM/AS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 8 May 2012 II I. CITY COUNCIL LIAISON REPORTS II II. CITY COUNCIL COMMENTS II IIL CITY COUNCIL AGENDA REVIEW II IV. INFORMAL SESSION - Conference Room - - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITYHALL BUIGDlNG 2401 COURTHOUSE DRIVE' VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MALG: Crycncl@vbgov.com 3:30PM 5:00 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Richard Keever, Chaplain Westminster Canterbury 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. 1NFORMAL and FORMAL SESSIONS 2. SPECIAL FORMAL SESSION/PUBLIC HEARING 3. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA l. CONSENT AGENDA H. PUBLIC HEARINGS l. REAL ESTATE TAX RATE (Proposed increase of 6¢) 2. INSTALLMENT PURCHASE AGREEMENT (ARP) Head of River Road 3. LEASE OF CITY-OWNED PROPERTY 2°a Street and Atlantic Avenue 1. ORDINANCE S/RE S OLUTIONS 1. FY 2012-2013 Resource Management Plan A. OPTION NUMBER ONE: The Mayor and Vice Mayor's Reconciled Proposed Ordinances: April 10, 2012 April 18, 2012 Apri124, 2012 a. APPROPRIATIONS for the Fiscal Year Operations of $1,767,701,362 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7-Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27-Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources B. OPTION NUMBER TWO: Councilmen Moss and DeSteph Proposed Ordinances: a. APPROPRIATIONS for the Fiscal Year of Operations $1,748,263,981 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $245,410,943 for the FY 2013 Capital Budget, subject to available funds from various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7-Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27-Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources C. OPTION NUMBER THREE: City Manager's Proposed Ordinances: a. APPROPRIATIONS for the Fiscal Year of Operations $1,758,559,231 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7-Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27-Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources 2. Ordinances to AMEND the City Code: a. §§16-22.2, 16-12.4 and 16-12.9 re enforcement of Residential Rental Inspection Districts b. §23-58(f)(6) re Commercial Parking Lots 3. Ordinances to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement to Barry D. and Paula W. Knight in the amount of $184,652 at Head of River Road 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with renewal options between CBM Company t/a Schooner Inn and the City for property at 2°d Street and Atlantic Avenue 5. A Resolution to SUPPORT an application to the Virginia Department of Conservation and Recreation for a Recreational Trails Program Grant in the amount of $189,400 re acquisition at the Lake Lawson/Lake Smith Natural Area 6. Ordinances to ACCEPT and APPROPRIATE: a. $60,193 Grant from the Department of Housing and Urban Development (HUD) to the FY 2012 Budget of Housing and Neighborhood Preservation re Emergency Homeless Assistance b. $606,500 from the School Site Landscaping to the FY 2012 Budget of Parks and Recreation: 1) Playground safety improvements at ten (10) sites $151,500 2) Relocate and replace playground and equipment at Cooke Elementary $ 50,000 3) Replace basketball equipment at various locations $ 50,000 4) Drainage and pond shoreline reconstruction at Larkspur Middle School $330,000 c. TRANSFER $197,668 from the Reserve for Contingencies to the General Registrar's FY2011-12 Budget re the Republic Party Primary Senatorial Election J. PLANNING 1. Application of OCEAN RENTAL PROPERTIES, LLC, for an Enlargement of a Non- Conforming Use to allow two single family dwellings at 403 16th Street (DISTRICT 6-BEACH) RECOMMENDATION: APPROVAL 2. Application of B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC and SALEM LAKES II, LLC for Modification of Proffers, and a Conditional Use Permit (Approved by City Council October 27, 1998) re mini- and self-storage, at Salem Road and Salem Lakes Blvd. (DISTRICT 1-CENTERVILLE) RECOMMENDATION: APPROVAL 3. Application of BILLY W. CHAPLAIN, for Modification of Proffer No.l and Modification of Condition No. 7 of a Conditional Use Permit for Bulk Storage (approved by City Council August 14, 2001) and a new Conditional Use Permit for Automobile and Small Engine Repair at 849 and 853 Virginia Beach Boulevard (DISTRICT 6-BEACH) RECOMMENDATION: APPROVAL 4. Application of CORNERSTONE BIBLE CHURCH, INC/KROLL ENTERPRISES for a Conditional Use Permit re a church at 2180 McComas Way (DISTRICT 7-PRINCESS ANNE) RECOMMENDATION: APPROVAL 5. Application of SENTARA HOSPITALS AND MPB, INC., for a Change of Zoning District Classification from A-12 Apartment District and R-15 Residential District to Conditional 0-2 Office District re offices and medical facilities at 800 and 816 Independence Boulevard. (DISTRICT 4-BAYSIDE) RECOMMENDATION: APPROVAL 6. Application of the CITY OF VIRGINIA BEACH, for a Street Closure re a portion of the right- of-way of Holly Road at the intersection of Laskin Road(DISTRICT 6-BEACH) RECOMMENDATION: K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS APPROVAL N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITYHOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November22 Friday, November 23 Thanksgiving Monday, December 24 day) Tuesday, December 25 Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Christmas Eve (half- Christmas Day If you are physically disabled or visually impaired and need assistance at this meeting, please call the C1TY CLERK'S OFFICE at 3854303 -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 8, 2012 Mayor William D. Sessoms, Jr. called to order the CITY COUNCIL LIAISON REPORTS, in the City Council Conference Room, Tuesday, May 8, 2012, at 3: 30 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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None May 8, 2012 -2- CITY COUNCIL LIAISON REPORTS 3:30 P.M. ITEM #61838 Councilman DeSteph stated the last two weekends at the Aquarium the lnst two weekends have been very busy. The new bike path on Shore Drive seems to be busy with citizens enjoying riding their bicycles. Lastly, the Communiry Organization Grant (COG) Committee will be proving their recommendations to City Council in the near future. ITEM#61839 Councilman Moss advised the next meeting for the Deferred Compensation Review Committee is scheduled for June 20, 2012. May 8, 2012 -3- CITY COUNCIL COMMENTS 3:32 P.M. ITEM #61840 Council Lady Wilson stated the Virginia Municipal League Board meeting was held this past week in Virginia Beach. The YML Members enjoyed dinner in front of the Shark Exhibits at the Aquarium. Council Lady Wilson expressed her appreciation to City Manager Spore and each of the Deputy City Managers for taking 2 1/z hours of their time to take the VML Members on a very impressive tour of the City. City Manager Spore and his staff did an exceptional job. ITEM #61841 Councilman Davis attended the "Color Me Rad" at the Sportsplex this past weekend. Over 7,500 tickets were sold but there was an estimated crowd of 9, 000. ITEM #61842 Council Lady Henley stated the Senior Resource Center received the Best Practice Award by the Commonwealth Council on Aging for the Emergency PrepaYedness Plan. This Plan is something Council Lady Henley has been working on for a while for the Senior Citizens that live in the rural area of the City. Of course, this is a Plan that the City hopes to never use but we are making great progress. Council Lady Henley expressed her appreciation for the participation of Emergency Management Team. ITEM #61843 At the last City Council meeting, Councilman Moss mentioned Dr. Koch's presentation on the State of the Region 's Economy and feels this would be a very beneficial briefing for City Council. The presentation is very insightful. May 8, 2012 -4- AGENDA REVIEW SESSION 3:36 P.M. ITEM #61844 BY CONSENSIIS, the following shall compose the CONSENT AGENDA: I. ORDINANCES/RESOL UTIONS 1. FY 2012-2013 Resource Management Plan A. OPTION NUMBER ONE: The Mayor and Vice Mayor's Reconciled Proposed ONdinances: a. APPROPRIATIONSfor the Fiscal Year Operations of $1,767,701,362 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($S) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67. 7-Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27- Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources May 8, 2012 -S- AGENDA REVIEW SESSION ITEM #61844 (Continued) B. OPTIONNUMBER TWO: Councilmen Moss and DeSteph Proposed Ordinances: a. APPROPRIATIONSfor the Fiscal Year of Operations $1,748,263,981 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget £ COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($S) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $245,410,943 for the FY 2013 Capital Budget, subject to available funds fi^om various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67. 7-Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27- Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources C. OPTION NUMBER THREE: Ciry Manager's Proposed Ordinances: a. APPROPRIATIONSfor the Fiscal Year of Operations $1,758,559,231 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year May 8, 2012 -6- AGENDA REVIEW SESSION ITEM #61844 (Continued) c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7-Million within the Sandbridge Tcix Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($S) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY2012-13 Capital Budget.• a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources b. AIITHORIZE issuance of General Obligation Public Improvement Bonds of $67. 7-Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27- Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources 2. Ordinances to AMEND the City Code: a. §§16-22.2, 16-12.4 and 16-12.9 re enforcement of Residential Rental Inspection Districts b. §23-58()9(6) re Commercial Parking Lots 3. Ordinances to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement to Barry D. and Paula W. Knight in the amount of $184, 652 at Head of River Road 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with renewal options between CBM Company t/a Schooner Inn and the City for property at 2"d Street and Atlantic Avenue 5. A Resolution to SUPPORT an application to the Virginia Department of Conservation and Recreation for a Recreational Trails Program Grant in the amount of $189, 400 re acquisition at the Lake Lawson/Lake Smith Natural Area May 8, 2012 -7- AGENDA REVIEW SESSION ITEM # 61844(Continued) 6. Ordinances to ACCEPT and APPROPRIATE: a. $60,193 Grant from the Department of Housing and Urban Development (HZID) to the FY 2012 Budget of Housing and Neighborhood Preservation re Emergency Homeless Assistance b. $606, 500 from the School Site Landscaping to the FY 2012 Budget of Parks and Recreation: 1) Playground safery improvements at ten (10) sites $151,500 2) Relocate and replace playground and equipment at Cooke Elementary $ 50,000 3) Replace basketball equipment at various locations $ 50,000 4) DYainage and pond shoreline reconstruction at Larkspur Middle School $'330, 000 c. TRANSFER $197, 668 from the Reserve for Contingencies to the General Registrar's FY2011-12 Budget re the Republic Party Primary Senatorial Election Items #IA/B/C will be considered separately as there are speakers registered. Councilman DeSteph will ABSTAIN on Item #3, with a comrrtent. Councilman Moss will vote verbal NAY on Items #3 and #4, both with comments Councilman Uhrin will ABSTAIN on Item#4 May 8, 2012 -8- AGENDA REVIEW SESSION ITEM #61845 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING Application of OCEAN RENTAL PROPERTIES, LLC, for an Enlar ement of a Non- Conformin Use to allow two single family dwellings at 403 1e Street (DISTRICT 6- BEACH) 2. Application of B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC and SALEM LAKES II, LLC for Modi ication of Pro ffers, and a Conditional Use Permit (Approved by City Council October 27, 1998) re mini- and self-storage, at Salem Road and Salem Lakes Blvd. (DISTRICT 1-CENTERVILLE) 3. Application of BILLY W. CHAPLAIN, for Mod f cation of Pro f er No. l and Modification of Condition No 7 ofa Conditional Use Permit for Bulk Storage (approved by City Council August 14, 2001) and a new Conditional Use Permit for Automobile and Small Engine Repair at 849 and 853 Virginia Beach Boulevard (DISTRICT 6-BEACH) 4. Application of CORNERSTONE BIBLE CHURCH, INC/KROLL ENTERPRISES for a Conditional Use Permit re a church at 2180 McComas Way (DISTRICT 7-PRINCESS ANNE) 5. Application of SENTARA HOSPITALS AND MPB, INC., for a Change of Zoning District Classification from A-12 Apartment District and R-I S Residential District to Conditional 0-2 Office District re offices and medical facilities at 800 and 816 Independence BoulevaYd. (DISTRICT 4-BAYSIDE) 6 Application of the CITY OF VIRGINIA BEACH, for a Street Closure re a portion of the right-of-way of Holly Road at the intersection of Laskin Road(DISTRICT 6-BEACH) May 8, 2012 -9- ITEM#61846 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 specifcc public officers, appointees or employees pursuant to Section 2.2-3711(A) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees LEGAL MATTERS: Consultation with legal counsel and briefings by staff inembers or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating postuYe of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3 711 (A) (7). City of Virginia Beach v. Trustees of Emmanuel Protestant Episcopal Church of Kempsville May 8, 2012 -10- ITEM# 61847(Continued) Upon motion by Councilman Wood, seconded by Council Lady Wilson, Ciry Council voted to proceed into CLOSED SESSION at 3: 47 P.M. Voting: 10-0 Council Members Yoting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, JY., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Yoting Nay: None Council Members Absent: William R. "Bill" DeSteph (stepped out) (Closed Session: 3:47 P.M. - 4:45 P.M.) May 8, 2012 -11- 6: 00 P.M. Mayor William D. Sessoms, JY., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ciry Council Chamber, City Hall, on Tuesday, May 8, 2012, at 6.•00 P.M. Council Members Fresent.• Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. James L. Wood. Council Members Absent: None FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 8, 2012 Sessoms, "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and INVOCATION: Reverend Richard Keever, Chaplain Westminster Canterbury PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each Ciry Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies aniatter 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 MaYCh 24, 2009, is hereby made a part of the record. May 8, 2012 -12- 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 appYOpriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her pYactice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of Ciry Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 10, 2012, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of Ciry Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of Ciry Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of.7anuary 27, 2004, is hereby made a pary't of the record. May 8, 2012 -13- Itenz -V-E CER TIFICA TION ITEM #61848 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt fYOm Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 8, 2012 R E S 0 L U T 10 N 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 #61846 Page 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irginia requires a certifcation by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. R th Hodges Fraser, MMC ity Clerk May 8, 2012 -14- Iteni -V-F.1121and3 MINUTES ITEM #61849 Upon motion by Councilman Dyer, seconded by Councilman Davis, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 10, 2012, April 18, 2012 and April 24, 2012. Yoting: 11-0 Council Members Voting Aye: Glenn R. Davis, Willianz R Dyer, Barbara M. Henley, Mayor William D. Sessoms, James L. Wood "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and Council Members Voting Nay: None Council Members Absent: None May 8, 2012 -15- Item -V-H.1 PUBLIC HEARING ITEM #61850 Mayor Sessoms DECLARED A PUBLIC HEARING: REAL ESTATE TAX RATE Proposed increase of 6¢ George Bryant, 2320 Dood Drive, Phone: 434-0825, requested City Council Members to not support the proposed tax increase. Mr. Bryant stated most citizens have not received pay raises in the last few years and have had to make adjustments to standards of living. Mr. Bryant is in favor of Councilmen DeSteph's and Moss' proposed Budget and encouraged the City Council to approve that option. Mr. Bryant also stated there is nothing wrong with having the lowest tax rate in the area as long as the City remains good. Richard Good, 877 Seahawk Circle, Phone: 427-6300, is President of Solar Ser-vices and pays a lot of taxes to the City. Mr. Good stated the increase is a rate increase and not a tax increase and he is in full support. The increase will lead to a pay raise for School Employees. Mr. Good's wife has taught in Virginia Beach for 28 years. If Educators continue to be undervalued the City is going to end up with an average School System. Dominic Melito - President of Virginia Beach Education Association, 4410 Segovia Court, Phone: 729- 5672. Mr. Melito spoke in SUPPORT of the Budget offered by the School Board. Mr. Melito requested the Revenue Sharing Formula be re-established, along with a lump-sum funding guaYanteed amount. The majority of School Board Members voted for an increase in the Real Estate Tax Rate. "The School Board has put trust in City Council by passing the Resolution and now it is time City Council come through foY the School Board. " Trenace Riggs, 3608 Brannon Drive, Phone: 403-3573, is Vice President of Virginia Beach Education Association and a teacher at Larkspur Middle. Ms. Riggs spoke in SUPPORT of the increase in the Real Estate Tax Rate. Ms. Riggs stated without appropriate funding the the Schools, the students will be the ones hurt as well as harm the City's stature, which, in turn, will hurt the City's reputation. Ms. Riggs requested Ciry Council Members vote in support of the School Board Budget. Kaitlyn Jensen, 520 Woodshire Way, Phone: 646-5277, stated she is a 5"' year teacher in Virginia Beach and only makes $1,000 more a year than when she began her career. The Schools cannot reduce the number of teachers by several hundred without hurting the students. This vote tonight will determine if the City will continue to have great schools or if the schools become average. Dane Blythe, 2004 Oakleaf Lane; Phone: 537-1700, is the Chairman of Virginia Beach Taxpayers Alliance. Mr. Blythe is OPPOSED to the Real Estate Tax increase and SUPPORTS Councilmen DeSteph's and Moss' proposed budget. Mr. Blythe suggested the City use the revenue from the meals tax, hotel tax and amusement tax before raising real estate tax rates. May 8, 2012 -16- Item -V-H.I PUBLIC HEARING ITEM #6I850(Continued) Nena Luca, 1661 Sweet Bay Lane, Phone: 467-0662 is OPPOSED to the Real Estate Tax Rate increase. Ms. Lucas stated the Ciry does not have a revenue problem but a spending problem. Out of control spending is what got the City in this situation. The Ciry is supposed to be stewards of the tar payer's money. The City would not have taken the Schools' reserve funds if Schools are important to the City. It appears the taxpayers must feed the appetite of City Council even with sufficient tax dollars flowing thru the City. Ms. Lucas encouraged City Council to consider the proposed Budget offered by Councilmen DeSteph and Moss. Jimmy Frost, 2240 Windom Place, Phone: 343-6768. Mr. Frost stated this is the 4`" straight year the City has gone through this type of Budget and encourages City Council Members to consider the proposed Budget offered by Councilmen DeSteph and Moss. Andrew Jackson, 153 Upperville Road, Phone: 472-0901, stated he fully supports the Schools but City Council has given "mis-information " to the Citizens. The Ciry took the reser-ve funds and told the School Board they could have some back as long as they went along with Ciry Council's request. The tax rate increase is just another attempt to "misinform " the Citizens. Public Safety, Schools and infi•astructure are most important part of the City. Mr. Jackson encourages City Council Members to consider the proposed budget offered by Councilmen DeSteph and Moss that requires no tax increase. Barbara Messner requested City Council stop funding the tourism industry as it does not put anything back into the Ciry. Ms. Messner expressed her disgust with the City Council. Mona Safferstein, 727 Simpkins Lane, Phone: 227-9953, expressed her concern after reading the article in the Pilot stating the majority of City Council Members has already made a decision on the budget. Ms. Safferstein pointed out a few things not discussed tonight. The average home in Virginia Beach is 25 years old, which means a great deal of maintenance is needed to maintain. In 2000, assessments were $16.8-Billion, and in 2009, they tripled to $49-Billion, yet the City has not given back to the citizens. Ms. Safferstein agYees that teachers deserve pay raises but not at the cost of the Citizens. William Stephany, 404 Palets Road, Phone: 486-4828, reminded City Council 17 out of 19 speakers were in favor of Redistricting, yet the request was denied. Citizens are watching and will be heard in November's election. Carol Wright, 640 Bridgewater Arch, Phone: 473-9835, is OPPOSED to increase in the real estate tax rate. The City needs to look at spending. The citizens should not be the first place City Council looks to support their out-of-control spending. Leslie Jones, 1996 Blue Knob Road, Phone: 351-1520, is a 50 year resident of the City supports the proposed Budget offered by Councilmen DeSteph and Moss. Ms. Jones stated she will work to unseat the City Council Members up for re-election in November who do not support this proposed Budget. May 8, 2012 -17- Item -V-H.l PUBLIC HEARING ITEM #61850(Continued) Diane Howard, 1057 Debaca Court, Phone: 721-5128, stated homes are the Citizens' well. In past, equity from homes could be used to help educate children or make home repairs but that is no longer the case. The School Board has given pink slips to over 200 employees. Citizens are wondering how to afford the costs of living. Ms. Howard encourages City Council to support the proposed Budget offered by Councilmen DeSteph and Moss. Marleyne Castelluzzo, 5189 Strafford Chase Drive, Phone: 474-4346, is the Vice-Chairman for the Virginia Beach Taxpayers Alliance and is not in favor of an increase to the Real Estate Tax Rate. The City Manager claims the assessments have fallen over the years but in FY2000 Assessments were valued at $168-Billion. Ms. Castelluzzo would like to know where the money has gone. From FY2000 - FY2005, the Assessrnent grew $53-Million. The tax rate was finally reduced in 2005. From FY2005- 2009 residential assessments soared $48.9-Billion, which equates to a 190% increase from FY2000. Over the last few weeks, a few citizens have spoken in favor of the real estate tar increase but all of those individuals will benefit from the increase. Gordon Smith, 1740 Rally Road, Phone: 496-5846, resides in Great Neck. Mr. Smith stated if City Council has a plan that will not raise taxes and it is not implemented, it will appear to the Citizens that you are not paying attention after a long run of gi^eat success. Nancy Craft, 3112 New Bridge Road, Phone: 426-2019, expressed her happiness in living in the City and supports some very difficult decisions to be made by City Council Members. Ms. Craft encouraged the Ciry Council to be courageous and do a better job than the General Assembly has done and support the increase in real estate tax rate. Debbie Pavon, 3497 Glen Arden Road, Phone: 620-6511, is a Member of the Hampton Roads Tea Parry Board of Directors and is in strong opposition of any increase in the Real Estate Tax Rate. In addition, the group is in support of the proposed Budget offered by Councilmen DeSteph and Moss. Gil Garcia, 900 Ringfield Road, Phone: 404-4313, stated the key word is "increase ". Mr. Garcia does not begrudge the teachers and their need for a pay raise but does not feel this is the time for an increase in Real Estate Tax Rate. Mr. Garcia urged City Council to consider the proposed Budget offered by Councilmen DeSteph and Moss. Caleb Dobbs, 1100 Woodcock Lane, Phone: 620-6932, stated his wife is a teacher but she is not asking Ciry Council to raise Real Estate Taxes in order for her to receive a pay raise. There are ways to cut spending. Election time is just around the corner. The City's revenue comes from the citizens and the hard choice would be to cut some of the projects that City Council supports but are not needed. Waverly Woods, 2453 Haversham Close, Phone: 749-8266, stated the last thing the City needs is a job killing tax increase. The City Council should live within its means. 30% of all students aYe on free or reduced lunch. Ms. Woods stated that anyone that supports an increase to the real estate tcrx rate should be voted out as soon as possible. City Council is in a better position to reduce spending than citizens are to pay more taxes. May 8, 2012 -18- Item -V-H.1 PUBLIC HEARING ITEM #61850(Continued) John Kuchta, 1132 Little Neck, Phone: 468-9020, is a homeowner in Virginia Beach and owner of a company in the construction services industry. Mr. Kuchta made drastic changes to the way he has done business and local government should do the same. City Council should consider the proposed Budget offered by Councilmen DeSteph and Moss. Loretta Young, Phone: 427-5796, is in favor of the proposed Budget offered by Councilmen DeSteph and Moss. Ms. Young is in favor of School employees receiving a pay raise but not at the expense of the ci tizens. Warner Athey, 2161 Vista Circle, Phone: 715-8228, stated that Governor McDonnell has done an excellent job in balancing the State Budget. The Governor is the 4`" highest paid Governor in the Country but we have City employees that make more than the Governor. Mr. Athey is a business owner in the City and he is an unpaid maintenance man due to the property taxes. Please do not raise the tax rate. Chuck Smith, 5628 State Street, Phone: 435-3265, is in favor of the proposed Budget offered by Councilmen DeSteph and Moss. The City should reduce spending. We do not need to burden the Citizens of Virginia Beach but the City Council should greatly reduce spending. Ed Maulbeck, 3980 Richardson Road, Phone: 490-1507, is a Member of the Republican Party and on Board with the Taxpayers Alliance in supporting the proposed Budget offered by Councilmen DeSteph and Moss. City Council needs to make a hard decision, sit down with a sharp pencil and go to work. His wife is a teacher but he is not supporting an increase to the Real Estate Tax Rate. There being no other speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. May 8, 2012 -19- Item -V-H.2 PUBLIC HEARING ITEM #61851 Mayor Sessoms DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT (ARP) Head of River Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. May 8, 2012 -20- Item -V-H.3 PUBLIC HEARING ITEM #6I852 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY-ON'NED PROEPRTY 2"° Street and Atlantic There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. May 8, 2012 -z 1- ADOPT AGENDA FOR FORMAL SESSION ITEM #61853 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 8, 2012 -22- Item -V-I ORDINANCES/RESOL UTIONS ITEM #61854 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, IN ONE MOTION, Items 2a/b, 3, 4, S and 6a1b1c of the CONSENT AGENDA. Councilman DeSteph shall ABSTAIN and Councilman Moss shall vote a VERBAL NAY on Item 3 ARP 3400 LAND OF PROMISE ROAD Councilman DeSteph stated his ABSENTION is every time the City Council considers an application under the Agriculture Reserve Program, as it increases the value of his agriculturalproperty in that area. Councilman Moss stated his NAY vote is consistent with other issues as this is a discretionary expense. The City is only forecast to grow by three tenths of 1% over the next five years and the money could be better spent on today's needs. Councilman Moss shall vote a VERBAL NAY on Item 4 Councilman Uhrin shall ABSTAIN on Item 4 AUTHORIZE Lease with Schooner Inn Councilman Moss stated his NAY vote is because he believes the City is not getting the money in accordance with the value of the land. Troting: 11-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and .tames L. Wood Council Members Yoting Nay: None Council Members Absent: None May 8, 2012 -23- Item -V-I.1 ORDINANCES/RESOL UTIONS ITEM #6I855 The following individuals registered to speak: William Stephany, 404 Palets Road, Phone.• 486-4828, f-eqasested City Council not raise taxes. Robert Dean stated the Ciry needs to craft an economic development to attract high paying jobs and give the children the opportunity to remain in Virginia Beach. Mr. Dean read Mayor Sessoms campaign ad and stated that he was going in the opposite direction of his campaign promises. In FY2000, total assessments were valued at $20.8-Bllion and of that $168-Billion was residential homes. In FY2012, total assessrnents were valued at $50.4-Billion and of that $42.5-Billion were residential homes. The share of residential assessments in FY2000 was 80.7% and today it has risen to 84.3% the opposite direction. Citizens cannot afford any more taxes. Roger Dadiomoff, 3030 Sand Bend Road, stated this is a"theatre" because it is obvious to him that each Ciry Council Member has their mind made up. Mr. Dadiomoff has a daughter that is a Special Needs Teacher and his wife is a School Nurse. If the Citizens want change, then they have to make that change with Council Members. Ciry Council gives citizens $1-Dollar and takes away $S-Dollars. It is time to vote City Council Members out of office. Barbara Messner is in support of the proposed Budget offered by Councilmen DeSteph and Moss. Diane Howard, 1057 Debaca Court, Phone: 721-5128, is in support of the proposed Budget offered by Councilmen DeSteph and Moss. Marleyne Castelluzzo, 5189 Strafford Chase Drive, Phone: 474-4346, is Vice-Chairman of the Virginia Beach Taxpayer's Alliance and is in support of the proposed Budget offered by Councilmen DeSteph and Moss. Ms. Castelluzzo requested revenues fYOm tourism be diverted before raising taxes. Ron Aksel, 2800 Bamberg Place, Phone: 618-3681, supports the proposed Budget offered by Councilmen DeSteph and Moss. It is obvious listening to the speakers tonight that the majority do not want higher taxes. John Kuchta, 1132 Little Neck Road, Phone: 468-9020, encourages Ciry Council to consider the proposed Budget offered by Councilmen DeSteph and Moss. Waverly Woods, 2453 Haversham Close, Phone: 749-8266, supports the proposed Budget offered by Councilmen DeSteph and Moss. Ms. Woods stated November is not that far away and raising taxes should be the City Council's last option. Petey Browder, 1204 Shawn Drive, Phone: 773-6732, stated Virginia Beach is a great place to live and the Citizens are what makes it great. The City is not only about the stellar School System but more about the results of parents being at home raising their children. The City needs to get back to core services. Ms. Browder supports the proposed Budget offered by Councilmen DeSteph and Moss. If City Council raises taxes, they will lose her vote. May 8, 2012 -24- Item -V-I.l ORDINANCES/RESOLUTIONS ITEM #6I855(Continued) John Fenter supports the proposed Budget offered by Councilmen DeSteph and Moss. The City represents the Citizens. Mr. Fenter agrees with Councilman DeSteph and Moss. Dale Anderson stated that Seniors no longer find the City to be a"Community for a Lifetime ". With additional and higher fees, lifestyles have changed. The Ciry needs to reduce the number of employees. There were no additional speakers. Councilman Moss MOVED that Option Number Two: Councilmen DeSteph and Moss Proposed Os°dinances be ADOPTED. Council Lady Wilson seconded the motion. Councilman Wood made a SUBSTITUTE MOTION to ADOPT Option Number One: The Mayor and Vice-Mayor's Reconciled Proposed Ordinances, seconded by Vice Mayor Jones, City Council ADOPTED, OPTIONNUMBER ONE: The Mayor and Vice Mayor's Reconciled Proposed Ordinances: a. APPROPRIATIONSfor the Fiscal YeaY Operations of $1, 767, 701,362 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year (95¢ per $100 assessed valuation) c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's fznancial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the Ciry Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($S) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 20I2-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital ImproveJnent Program (CIP) and APPROPRIATE $277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources May 8, 2012 -25- b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7-Million (maximum) for public facilities and general improvements Item -V-I.l ORDINANCES/RESOLUTIONS ITEM #61855(Continued) c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27-Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources Voting: 8-3 Council Members Voting Aye: Glenn R. Davis, 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: William R. "Bill " DeSteph, Robert M. Dyer and John D. Moss Council Members Absent: None t11ay 8, 2012 -26- Item -V-I.1 ORDINANCES/RESOL UTIONS ITEM #61855-A As the SUBSTITUTE MOTION WAS VOTED IN THE AFFIRMATIVE, the City Attorney stated it necessaryfor the SUBSTITUTE MOTION TO BE REAFFIRMED Upon restated motion by Councilman Wood, seconded by Vice Mayor Jones, City Council ADOPTED, OPTIONNUMBER ONE.• The Mayor and Vice Mayor's Reconciled Proposed Ordinances: a. APPROPRIATIONSfor the Fiscal Year Operations of $1, 767, 701,362 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year (95¢ per $100 assessed valuation) c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7-Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($S) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7-Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27-Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources May 8, 2012 -27- Item -V-I.l ORDINANCES/RESOL UTIONS ITEM #61855 A(Continued) Voting: 8-3 Council Members Yoting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, RosemaYy Wilson and James L. Wood Council Members Yoting Nay: William R`Bill " DeSteph, Robert M. Dyer and John D. Moss Council Members Absent: None May s, 2 o12 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1, 2012 AND ENDING JUNE 30, 2013 IN THE SUM OF 3 $ 1,767,701,362 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning 5 luly 1, 2012, and ending June 30, 2013, 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 $2,451,937,659 consisting of $499,905,552 in inter-fund transfers, 10 $184,330,745 for internal service funds, and $1,767,701,362 for operations, are hereby appropriated subject to the 11 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for the 12 purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, 13 for the fiscal year beginning July 1, 2012, and ending lune 30, 2013, a summary of which is attached to this ordinance as 14 "Attachment A - Appropriations." 15 16 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations is set 17 forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations attached to this 18 ordinance as "Attachment B- Revenues." 19 20 Sec. 3. With the exception of the funds under the control of the School Board, specifically the funds numbered 106, 107, 21 108, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as "School Board Funds"), the total number of 22 full-time permanent positions shall be the maximum number of positions authorized for the various departments of the 23 City during the fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City 24 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the 25 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. The City 26 Manager is further authorized to make such rearrangements of positions within and between the departments as may best 27 meet the needs and interests of the City, including changes necessary to implement the employee transition program. 28 29 Sec.4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby 30 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal 31 year as may be necessary to irraplement organizational adjustments that have been authorized by the City Council. Unless 32 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the 33 City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing 34 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and 35 progress of any such organizational adjustments. 36 37 Sec. S. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service District 38 Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax levy. 39 40 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the 41 fiscal year ending on June 30, 2013, unless otherwise provided for, are hereby declared to be lapsed into the fund balance 42 of the respective funds, except all appropriations to School Board Funds derived from local public sources which shall lapse 43 and revert to the General Fund Balance, and may be used for the payment of the appropriations that may be made in the 44 appropriation ordinance for the fiscal year beginning July 1, 2013. Prior to the expenditure of any sums that have lapsed to 45 the fund balance of any fund, an appropriation by the City Council shall be required. 46 47 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for 48 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water 49 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be 50 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue 51 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less 52 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non-borrowed funds, on a five-year rolling 53 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system. 54 55 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close 56 of the bsasiness for the fiscal year ending on June 30, 2013, are hereby declared to be re-appropriated into the fiscal year 57 beginning July 1, 2013, and estimated revenues adjusted accordingly. 58 59 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal 60 sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 30, 2012, are 61 hereby declared to be re-appropriated into the fiscal year beginning July 1, 2012, and estimated revenues adjusted 62 accordingly. The close out of anv srant or similar funding mechanism shall account for all expenditures in such grant and 63 provided there is anv remainins balance in the srant the portion of the balance attributable to local sources shall revert to 64 the General Fund special revenue fund or enterprise fund that provided the local contribution. 65 66 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 67 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. It 68 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the 69 totals for each Appropriation Unit included in this ordinance and does not apply to Inter-fund Transfers. 70 71 Sec.11. The City Manager or the Director of Management Services is hereby authorized to approve transfers of 72 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City 73 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the 74 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for 75 Contingencies - Regular, within the intent of the Reserve as approved by City Council. 76 77 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer 78 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the 79 programs and services adopted by the City Council. The City Manager or the Director of Management Services is further 80 authorized to establish administrative directives to provide additional management oversight and control to ensure the 81 integrity of the City's budget. 82 83 Sec. 13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated 84 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating 85 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, 86 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager 87 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City 88 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The 89 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of 90 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby 91 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for 92 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 93 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded 94 debt of the City Government. 95 96 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 97 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and 98 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per 99 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 100 fiscal year. 101 102 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably 103 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to 104 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure 105 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the 106 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City 107 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that 108 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in 109 which the emergency expenditures occurred. 110 111 An emergency is defined for the purposes of this provision as an event that could not have been reasonably 112 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or 113 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public 114 properties. 115 116 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to 117 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of 118 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically 119 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump-sum" amounts. 120 121 Sec. 17. The Citv Manaper is herebv authorized to allocate funding, within the agpregate amounts approved bv Citv 122 Council for total compensation, to implement the General Assembly mandated chanpes to the Virginia Retirement Svstem 123 ("VRS") that require all full-time Citv emplovees hired before Julv 1, 2010 to pav one percent (1%) of their salaries to the 124 VRS to be offset bv a pav increase of one percent (1%). 125 126 Sec. 18. That the Citv Manager or his designee is herebv authorized to implement the organizational and financial 127 adiustments necessarv to eliminate the Print Shop Internal Service Fund. Anv funds provided to the Print Shop Internal 128 Service Fund that are unoblisated and unencumbered at the close of business on June 30, 2012, shall lapse and such lapsed 129 funds shall be transferred to the fund balance of the General Fund. 130 131 Sec. 19. That the Citv Manager or his designee is hereby authorized to implement the organizational and financial 132 adiustments necessarv to functions of the Office of the Real Estate Assessor and the Commissioner of the Revenue in the 133 followins manner: 134 135 a. The Commissioner of the Revenue will be the Citv Manager's designee for the processing of applications 136 for the Real Estate Tax Relief for the Elderlv and Disabled Persons Program and the recentlv enacted tax 137 exemption for service disabled veterans: 138 b. Two FTEs are transferred from the Office of the Real Estate Assessor to the Commissioner of the Revenue 139 to execute the above subsection; 140 c. The_ duties for the processing of the land book are transferred from the Commissioner of the Revenue to 141 the Office of the Real Estate Assessor: 142 d. Funding in the amount of $178,500 is provided for the deliverv of the services in the above subsections. 143 144 Sec. 1420. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons 145 responsible for the management of the Appropriation Unit in which the violation occurred. 146 147 , , 148 , , 149 :nur.,,. ..+ i.,te..,ai c.,..,i,-„ F??.,, „fF,,,.*i i 30, 2014 us? "' 150 151 , 500,000 152 WneBO,2011. 154 Sec. 2-821. `""t" *"^ ^(^^^*;^^ ^F S^E*°^^s, 4^^a 49, +This ordinance shall be effective on July 1, 2012. 155 156 Sec. 2422. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 157 affect the validity of the remaining parts of this ordinance. 158 159 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 8`h day of May, 2012. 160 161 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services it rn 's ice City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations FY 2012-13 Proposed 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 Debt Service 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 757,224 662,283 15,846 1,034, 008 3,819,468 623,735 576,749 2,658,037 3,175,280 5,111,193 3,041,507 4,035,389 7,491,148 22,842,774 426,343 8,839,297 2,358,924 48, 083,117 4,939,761 2,561,326 10,453,477 7,726,688 5,266,655 44,588,074 359,618 1,378,340 2,991,428 1,680,366 4,291,809 106, 030, 865 153,878 137,438 1,781,767 1,673,225 17, 392, 209 95,514 1,514, 382 4,472,679 545,118 10,039,310 13,233, 825 9,969,591 92, 000,136 63,639,425 1,993,213 2,927,122 15,957,439 952,992 439,453,041 5.111.914 Fund 002 Appropriation Totals 990,864,947 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations FY 2012-13 Proposed 098 School Reserve Special Revenue Fund Transfer to Other Funds 11,000,000 Fund 098 Appropriation Totals 11,000,000 106 School Technoloqv Cateqorv Special Revenue Fund Technology 26.338.973 Fund 106 Appropriation Totals 26,338,973 107 School Equipment Replacement Saecial Revenue Fund Reserve for Contingencies 902,602 Fund 107 Appropriation Totals 902,602 109 School Vendinq Operations Fund Athletic 112 School Communication Tower Technoloqv Fund Instructional Technology 114 School Cafeteria Fund Cafeteria 115 School Operatinq Fund Administration, Attendance, and Health City Manager Adjustment Debt Service Instruction Operations and Maintenance Pupil Transportation 116 School Grants Fund Grants 117 School Textbook Fund Textbook 119 School Athletic Special Revenue Fund Athletic 329,561 Fund 109 Appropriation Totals 329,561 600,000 Fund 112 Appropriation Totals 600,000 28, 343,127 Fund 114 Appropriation Totals 28,343,127 21,434,692 -3,728,043 44,747,986 522,820,730 87,242,879 30,154, 558 Fund 115 Appropriation Totals 702,672,802 68,578,220 Fund 116 Appropriation Totals 68,578,220 15,117,601 Fund 117 Appropriation Totals 15,117,601 4,941,085 Fund 119 Appropriation Totals 4,941,085 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations 130 Law Librarv Fund Library Reserve for Contingencies Transfer to Other Funds 142 DEA Seized Propertv Special Revenue Fund Commonwealth's Attorney 144 Waste Manaqement Special Revenue Fund Public Works FY 2012-13 Proposed 224,869 2,329 57,252 Fund 130 Appropriation Totals 284,450 200,000 Fund 142 Appropriation Totals 200,000 41.455,404 Fund 144 Appropriation Totals 41,455,404 147 Federal Section 8 Proqram Special Revenue Fund Housing and Neighborhood Preservation 17,474,801 Fund 147 Appropriation Totals 17,474,801 149 SherifFs Department Special Revenue Fund Sheriff and Corrections Transfer to Other Funds 151 Parks and Recreation Special Revenue Fund Debt Service Future C.I.P. Commitments Parks and Recreation Public Works Transfer to Other Funds 152 Tourism Investment Proaram Fund Convention and Visitor Bureau Cultural Affairs Debt Service Mass Transit Operations Parks and Recreation Public Works Strategic Growth Area Transfer to Other Funds 38,935,820 24,551 Fund 149 Appropriation Totals 38,960,371 1,889,313 1,597,465 28, 364,155 2,772,645 2,573,615 Fund 151 Appropriation Totals 37,197,193 100,000 50,500 26,252,872 590,000 275,485 915,684 3,522,454 4,326,391 Fund 152 Appropriation Totals 36,033,386 157 Sandbridqe Special Service District Spec Rev Fd Transfer to Other Funds 4,804,405 Fund 157 Appropriation Totals 4,804,405 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations 161 Aqriculture Reserve Proqram Special Revenue Fund Agriculture Debt Service Reserve for Contingencies Fund 161 Appropriation Totals FY 2012-13 Proposed 215,950 3,643,024 477,652 4,336,626 163 Tourism Advertisinq Proqram Special Revenue Fund Convention and Visitor Bureau 10,084,811 Transferto OtherFunds 56,838 Fund 163 Appropriation Totals 10,141,649 166 Sandbridqe Tax Increment Financinq Fund Future C.I.P. Commitments 7.113.616 Fund 166 Appropriation Totals 7,113,616 169 Central Business District-South TIF (Twn Cntr) Fd Debt Service 5,588,312 Transfer to Other Funds 150,000 Fund 169 Appropriation Totals 5,738,312 172 Open Space Special Revenue Fund Debt Service Parks and Recreation Public Works Transferto OtherFunds 174 Town Center Special Service District Parks and Recreation Town Center Special Tax District Transferto OtherFunds 2,433,043 490,838 15,300 2,026,724 Fund 172 Appropriation Totals 4,965,905 29,367 1,580,361 337.197 Fund 174 Appropriation Totals 1,946,925 180 Community Development Special Revenue Fund Housing and Neighborhood Preservation Transfer to Other Funds 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 182 Federal Housinq Assistance Grant Fund Housing and Neighborhood Preservation 2,058,899 128,858 Fund 180 Appropriation Totals 2,187,757 595,488 Fund 181 Appropriation Totals 595,488 899.400 Fund 182 Appropriation Totals 899,400 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations FY 2072-13 Proposed 183 Grants Consolidated Fund Commonwealth's Attorney 333,680 Emergency Medical Services 375,000 Fire 757,260 Housing and Neighborhood Preservation 1,281,227 Human Services 1,677,882 Police 75,866 Public Works 15,000 Reserve for Contingencies 100,000 Transfer to Other Funds 400,000 Fund 183 Appropriation Totals 5,015,915 241 Water and Sewer Fund Debt Service 20,050,544 Public Utilities 75,674,801 Reserve for Contingencies 1,072,393 Transfer to Other Funds 18,249,158 Fund 241 Appropriation Totals 115,046,896 253 Parkinq_Enterprise Fund Debt Service 725,012 Reserve for Contingencies 282,477 Strategic Growth Area 1,631,798 Transfer to Other Funds 433,428 Fund 253 Appropriation Totals 3,072,715 255 Storm Water Utility Enterprise Fund Debt Service 2,359,776 Public Works 16,183,127 Reserve for Contingencies 220,000 Transfer to Other Funds 15,764,934 Fund 255 Appropriation Totals 34,527,837 310 Old Donation Creek Area Dredqinq SSD Transfer to Other Funds 68,652 Fund 310 Appropriation Totals 68,652 311 Bavville Creek Neiqhborhood Dredqinq SSD Fund Transfer to Other Funds 50,508 ' - Fund 311 Appropriation Totals 50,508 540 General Government Capital Proiects Fund Building Capital Projects Coastal Capital Projects Communications and Information Technology Projects Economic and Tourism Development Capital Projects Parks and Recreation Capital Projects Roadways Capital Projects 965,000 6,138, 895 560,329 5,824,859 7,373,332 2.590.000 Fund 540 Appropriation Totals 23,452,415 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Approqriations FY 2012-13 Proposed 541 Water and Sewer Capital Proiects Fund Water and Sewer Capital Projects 8,000,000 Fund 541 Appropriation Totals 8,000,000 555 Storm Water Capital Proiects Fund 14,202,870 Storm Water Capital Projects Fund 555 Appropriation Totals 14,202,870 606 Citv Garaqe Internal Service Fund 10,646,769 Public Works Fund 606 Appropriation Totals 10,646,769 607 Risk Manaqement Internal Service Fund 11,071,818 Director of Finance Fund 607 Appropriation Totals 11,071,818 610 Capital Proiects Internal Service Fund Communications and Information Technology 197,364 164,434 Director of Finance 80,671 Economic Development 283,348 Public Works Fund 610 Appropriation Totals 725,817 613 School Landscapinq Internal Service Fund 3,676,911 Parks and Recreation Fund 613 Appropriation Totals 3,676,911 614 School Risk Manaqement Fund 11,488,946 School Risk Management Fund 614 Appropriation Totals 11,488,946 615 Citv and School Health Insurance Fund 132,851,160 City and School Health Insurance Fund 615 Appropriation Totals 132,851,160 616 Fuels Internal Service Fund 7,009,359 Public Works Fund 616 Appropriation Totals 7,009,359 620 Telecommunications Internal Service Fund Communications and Information Technology 2'$07'772 447,320 Reserve for Contingencies Fund 620 Appropriation Totals 3,255,092 621 Subscriptions Internal Service Fund Communications and Information Technology 2,606,092 998'781 Reserve for Contingencies Fund 621 Appropriation Totals 3,604,873 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations FY 2012-13 Proposed 908 City Beautification Fund Parks and Recreation 72,500 Fund 908 Appropriation Totals 72,500 909 Librarv Gift Fund Library 910 Parkinq Meters - Homeless Donation Fund Housing and Neighborhood Preservation 911 Parks and Recreation Gift Fund Parks and Recreation Total Budget Appropriations Less Internal Service Funds Lesslnterfund Transfers NET BUDGET APPROPRIATIONS 7,000 Fund 909 Appropriation Totals 7,000 10,000 Fund 910 Appropriation Totals 10,000 55,000 Fund 911 Appropriation Totals 55,000 2,451,937, 659 184,330,745 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 002 General Fund Revenue From Local Sources Automobile License Business License Charges for Services Cigarette Tax Fines and Forfeitures From the Use of Money and Property General Sales Tax Hotel Room Tax Miscellaneous Revenue Other Taxes Permits, Privilege Fees, and Regulatory Licenses Personal Property Real Estate Restaurant Meal Tax Utiliry Tax Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds FY 2012-13 Proposed 9,627,435 42,423,932 34,175,279 11,218,625 6,043,373 5,095,499 54,098,252 5,622,146 6,062,974 16,690, 556 4,476,243 132,412,895 438,975,636 35,146,135 44,979,473 91,966,749 16,730,201 21,087,917 14,031,627 Fund 002 Revenue Totals 990,864,947 098 School Reserve Sqecial Revenue Fund Specific Fund Reserves 11,000,000 Fund 098 Revenue Totals 11,000,000 106 School Technoloqv Cateqorv Special Revenue Fund Transfers from Other Funds 26,338,973 Fund 106 Revenue Totals 26,338,973 107 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 902,602 Fund 107 Revenue Totals 902,602 109 School Vendinq Operations Fund Revenue From Local Sources Miscellaneous Revenue Specific Fund Reserves 112 School Communication Tower Technoloqv Fund Revenue From Local Sources From the Use of Money and Property Specific Fund Reserves 192,550 137,011 Fund 109 Revenue Totals 329,561 260,000 340,000 Fund 112 Revenue Totals 600,000 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 114 School Cafeteria 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 Specific Fund Reserves 115 School Operatinq Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources ftom the Commonwealth State Shared Sales Tax Revenue from the Federal Government Transfers from Other Funds 116 School Grants Fund Revenue From Local Sources Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government 117 School Textbook Fund Revenue From Local Sources From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves 119 School Athletic Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Specific Fund Reserves FY 2012-13 Proposed 14,030,889 8,091 130,000 Fund 114 Revenue Totals 485,000 13, 361,841 327,306 28, 343,127 2,183, 837 465,000 657,000 241, 055,084 69,064,589 17,141,085 372,106,207 Fund 115 Revenue Totals 702,672,802 3,274,643 15,446,303 49,857,274 Fund 116 Revenue Totals 68,578,220 100,000 10,000 3,790,074 11,217,527 Fund 117 Revenue Totals 15,117,601 489,000 45,000 4,197,085 210,000 Fund 119 Revenue Totals 4,941,085 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue FY 2012-13 Proposed 130 Law LibrarY Fund Revenue From Local Sources 270,000 Charges for Services 4,450 From the Use of Money and Property 10,000 Specific Fund Reserves Fund 130 Revenue Totals 284,450 142 DEA Seized Propertv Special Revenue Fund 200,000 Specific Fund Reserves Fund 142 Revenue Totals 200,000 144 Waste Manaqement Special Revenue Fund Revenue From Local Sources 26,345,070 Charges for Services 125,000 From the Use of Money and Property 000 175 Permits, Privilege Fees, and Regulatory Licenses , Revenue from the Commonwealth 390 35 Other Sources from the Commonwealth , Transfers from Other Funds 14,774,944 Fund 144 Revenue Totals 41,455,404 147 Federal Section 8 Proqram Special Revenue Fund Revenue From Local Sources Charges for Services 20,733 Miscellaneous Revenue 32,000 Revenue from the Federal Government 16,986,704 Specific Fund Reserves 192,591 Transfers from Other Funds 242'773 Fund 147 Revenue Totals 17,474,801 149 Sheriff s Department Special Revenue Fund Revenue From Local Sources 4,422,511 Charges for Services 17 500 From the Use of Money and Property , Miscellaneous Revenue 10,000 Revenue from the Commonwealth 747 17 359 Other Sources from the Commonwealth , , Revenue from the Federal Government 1,149,750 Specific Fund Reserves 1,255,833 745 030 14 Transfers from Other Funds , , Fund 149 Revenue Totals 38,960,371 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 151 Parks and Recreation Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Permits, Privilege Fees, and Regulatory Licenses Real Estate Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves Transfers from Other Funds 152 Tourism Investment Proqram Fund Revenue From Local Sources Amusement Tax Cigarette Tax Fines and Forfeitures From the Use of Money and Property Hotel Room Tax Permits, Privilege Fees, and Regulatory Licenses Restaurant Meal Tax Specific Fund Reserves Transfers from Other Funds FY 2012-13 Proposed 12,938,096 1,477,888 2,500 700 16,749,009 26,000 526,082 5,476,918 Fund 151 RevenueTotals 37,197,193 5,800,563 934,885 776,000 593,277 14, 333,141 90,000 10,604,887 2,650,633 250,000 Fund 152 Revenue Totals 36,033,386 157 Sandbridqe Special Service District Spec Rev Fd Revenue From Local Sources 7 100 From the Use of Money and Property , Hotel Room Tax 1,306,790 Real Estate 581,621 Specific Fund Reserves 631,522 Transfers from Other Funds 2,277'372 Fund 157 Revenue Totals 4,804,405 161 Aqriculture Reserve Proq ram Special Revenue Fund Revenue From Local Sources Real Estate 4,336,626 Fund 161 Revenue Totals 4,336,626 163 Tourism Advertisinq Pro qram Special Revenue Fund Revenue From Local Sources Charges for Services 201,970 From the Use of Money and Property 42,730 Hotel Room Tax 4,846,444 Miscellaneous Revenue 48,200 Restaurant Meal Tax 5,002,305 Fund 163 Revenue Totals 10,141,649 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue FY 2012-13 Proposed 166 Sandbridqe Tax Increment Financinq Fund Revenue From Local Sources From the Use of Money and Properry 15,300 Real Estate 7,098,316 Fund 166 Revenue Totals 7,113,616 169 Central Business District-South TIF (Twn Cntr) Fd Revenue From Local Sources From the Use of Money and Property 3,000 Hotel Room Tax 500,000 Real Estate 4,976,213 Specific Fund Reserves 259,099 Fund 169 Revenue Totals 5,738,312 172 Open Space Special Revenue Fund Revenue From Local Sources From the Use of Money and Property 14,560 Restaurant Meal Tax 4,402,029 Specific Fund Reserves 549,316 Fund 172 Revenue Totals 4,965,905 174 Town Center Special Service District Revenue From Local Sources 2 600 From the Use of Money and Property , Real Estate 1,476,231 Specific Fund Reserves 318,094 Transfers from Other Funds 150,000 Fund 174 Revenue Totals 1,946,925 180 Communitv Development Special Revenue Fund Revenue From Local Sources 70 000 Charges for Services , Revenue from the Federal Government 1,405,417 Transfers from Other Funds 712,340 Fund 180 Revenue Totals 2,187,757 181 CD Loan and Grant Fund Non-Revenue Receipts 100,000 Revenue from the Federal Government 370,488 Transfers from Other Funds 125,000 Fund 181 Revenue Totals 595,488 182 Federal Housinq Assistance Grant Fund Non-Revenue Receipts 70,000 Revenue from the Federal Government 829,400 Fund 182 Revenue Totals 899,400 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue FY 2012-13 Pronosed 183 Grants Consolidated Fund Revenue From Local Sources Charges for Services 39,735 Revenue from the Commonwealth Other Sources from the Commonwealth 2,953,917 Revenue from the Federal Government 1,498,154 Transfers from Other Funds 524,109 Fund 183 Revenue Totals 5,015,915 241 Water and Sewer Fund Non-Revenue Receipts 2,665,095 Revenue From Local Sources 108,727,428 Charges for Services 447 559 From the Use of Money and Property , Miscellaneous Revenue 330,218 Revenue from the Federal Government 1,017,733 1,088,296 Specific Fund Reserves 658,679 Transfers from Other Funds Fund 241 Revenue Totals 115,046,896 253 Parkinq Enterprise Fund Revenue From Local Sources Charges for Services 3,050,215 From the Use of Money and Property 22,500 Fund 253 Revenue Totals 3,072,715 255 Storm Water Utilitv Enterprise Fund Revenue From Local Sources 32,278,283 Charges for Services 125 000 From the Use of Money and Property , Revenue from the Federal Government 288'259 836,295 1 Transfers from Other Funds , Fund 255 Revenue Totals 34,527,837 310 Old Donation Creek Area Dredqinq SSD Revenue From Local Sources 68,652 Real Estate Fund 310 Revenue Totals 68,652 311 Bavville Creek Neiqhborhood Dredclina SSD Fund Revenue From Local Sources 50,508 Real Estate Fund 311 Revenue Totals 50,508 540 General Government Capital Proiects Fund Transfers from Other Funds 23,452,415 Fund 540 Revenue Totals 23,452,415 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue FY 2012-13 Proposed 541 Water and Sewer Capital Proiects Fund Transfers from Other Funds 8,000,000 Fund 541 Revenue Totals 8,000,000 555 Storm Water Capital Proiects Fund Transfers from Other Funds 14,202,870 Fund 555 Revenue Totals 14,202,870 606 Citv Garaqe Internal Service Fund Revenue From Local Sources 616 769 10 Charges for Services , , Miscellaneous Revenue 30,000 Fund 606 Revenue Totals 10,646,769 607 Risk Manaqement Internal Service Fund Revenue From Local Sources 026 818 11 Charges for Services , , From the Use of Money and Property 30,000 Miscellaneous Revenue 15,000 Fund 607 Revenue Totals 11,071,818 610 Capital Proiects Internal Service Fund Revenue From Local Sources Charges for Services 725,817 Fund 610 Revenue Totals 725,817 613 School Landscapinq Internal Service Fund Revenue From Local Sources Charges for Services 3,676,911 Fund 613 Revenue Totals 3,676,911 614 School Risk Manaqement Fund Revenue From Local Sources Charges for Services 11,465,209 Miscellaneous Revenue 23,737 Fund 614 Revenue Totals 11,488,946 615 Citv and School Health Insurance Fund Revenue From Local Sources Miscellaneous Revenue 132,851,160 Fund 615 Revenue Totals 132,851,160 616 Fuels Internal Service Fund Revenue From Local Sources Charges for Services 6,876,428 Specific Fund Reserves 132,931 Fund 616 Revenue Totals 7,009,359 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue FY 2012-13 Proposed 620 Telecommunications Internal Service Fund Revenue From Local Sources Charges for Services 621 Subscriptions Internal Service Fund Revenue From Local Sources Charges for Services Specific Fund Reserves 908 Citv Beautification Fund Revenue From Local Sources Miscellaneous Revenue 909 Librarv Gift Fund Revenue From Local Sources Miscellaneous Revenue 910 Parkinq Meters - Homeless Donation Fund Revenue From Local Sources Miscellaneous Revenue 911 Parks and Recreation Gift Fund Revenue From Local Sources Miscellaneous Revenue Total Budget Revenues Less Internal Service Funds Less Interfund Transfers NET BUDGET REVENUES 3,255,092 Fund 620 Revenue Totals 3,255,092 2,491,901 1,112,972 Fund 621 Revenue Totals 3,604,873 72,500 Fund 908 Revenue Totals 72,500 7 nnn Fund 909 Revenue Totals 7,000 10,000 Fund 910 Revenue Totals 10,000 55,000. Fund 911 Revenue Totals 55,000 2,451,937,659 184,330,745 499,905,552 1,767,701,362 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL 2 YEAR 2013 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIR6INIA: 5 Sec. 1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 2013 taxes for general purposes on all real estate, including all 7 separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise 8 provided for in this ordinance, at the rate of °'^"e ninety-five cents (c 0.95 on each one hundred dollars 9 ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be applied on 10 the basis of one hundred percentum of the fair market value of such real property, except for public service real property, 11 which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. It is the intention of the Council that 12 four cents of the tax rate is dedicated subiect to annual appropriation to provide funding for the Schools to offset the 13 decrease in State funding through the Local Composite Index and two cents of the tax rate is dedicated, subiect to annual 14 appropriation to offset the State reduction in funding for urban road construction and the increased local obligations 15 under the Line of Dutv Act. The Council directs the Citv Manager in the production of future budgets to provide an analysis 16 of State funding for Schools urban road construction and the Line of Dutv Act. At such time as the State restores funding 17 above the following benchmarks• Local Composite Index at FY 2013• urban road construction at $20M (qer annum); and 18 Line of Dutv Act at $0 (per annum) the Citv Manager will recommend a reduction in whole or in part, to the four cent or 19 two cent tax rate dedication in an amount roushlv equal to the increased State funding with a corresponding decrease in 20 the real estate tax rate. 21 22 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified 23 Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities 24 or Devices" Classified as Real Estate, and "Environmental Restoration Sites;" Real Estate Improved by Erosion 25 Controls, and Certain Wetlands and Riparian Buffers. 26 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 of the 27 Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2013, taxes on all real estate (a) 28 certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the 29 Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as 30 provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified 31 Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental 32 Restoration Site," (e) improved to control erosion as defined by Code of Virginia § 58.1-3665, or (f) qualifying as wetlands 33 and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate of °g^"?;:,;e ninetv_ 34 five cents ($9:-89) 0.95 on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in 35 this section shall be applied on the basis of one hundred percentum of fair market value of such real property except for 36 public service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 37 38 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 39 There shall be levied and collected for fiscal year 2013, taxes for the special purpose of providing beach and 40 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not 41 exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed value thereof. This 42 real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. For real property 43 that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption, Deferral or 44 Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code, this real estate tax rate shall 45 be applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax rate 46 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property 47 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 48 49 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 50 For the special purpose of operating and maintaining the parking garage and providing enhanced services for the 51 plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services 52 authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2013, taxes on all real estate 53 within the Town Center Special Service District, not exempt from taxation, at the rate of forty-five cents ($0.45) on each 54 one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set 55 forth in Section 1 of this ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of 56 Chapter 35 of the City Code, or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of 57 Chapter 35 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth 58 in Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred 59 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis 60 as provided in Section 58.1-2604 of the Code of Virginia. 61 62 Sec. S. Amount of Levy on "Energy-Efficient Buildings". 63 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, there 64 shall be levied and collected for general purposes for the fiscal year 2013, taxes on all real estate that has been classified as 65 an energy efficient building, not exempt from taxation, at a rate of °°••^^UF ei&hty cents ($0.74) 0.80 on each one 66 hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the 67 basis of one hundred percentum of fair market value of such real property except for public service property, which shall be 68 on the basis as provided in Section 58.1-2604 of the Code of Virginia. 69 70 Sec. 6. Amount of Levv on Properties Listed in the Virginia Landmarks Resister. 71 In accordance with Section 58 1-3221 5 of the Code of Virginia and any relevant section of the City Code, there 72 shall be levied and collected for general purposes for the fiscal vear 2013 taxes on buildings that are individuallv listed on 73 the Virginia Landmarks Register, not including the real estate or land on which the building is located, so long as the 74 building is maintained in a condition such that it retains the characteristics for which it was listed on the Virginia Landmarks 75 Register at a rate of fifty-one cents ($0 51) on each one hundred dollars of assessed valuation thereof. The real propertv tax 76 rate imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real 77 propertY except for public service propertY which shall be on the basis as provided bv Section 58.1-2604 of the Code of 78 Vir inia. 79 80 Sec. 7. Amount of Levv on Real Estate Within the Old Donation Special Service District. 81 There shall be levied and collected for fiscal vear 2013 taxes for the special purpose of providing neighborhood 82 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Old Donation Special Service 83 District not exempt from taxation at the rate of eighteen and four-tenths cents ($0.184) on each one hundred dollars 84 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 85 of this ordinance. This tax rate shall applv without reduction to anv properties subiect to ad valorem taxes including those 86 properties enrolled in the Exemption Deferral or Freeze for Elderlv and Disabled Persons. City Code §§ 35-61, et seq. As set 87 forth in Code of Virginia section 15.2-2403(6) written consent is required to applv this tax rate to the full assessed value of 88 properties subiect to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of 89 one hundred percentum (100%) of the fair market value of such real propertv except for public service real propertv, which 90 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 91 92 Sec. S. Amount of Levy on Real Estate Within the Bawille Creek Special Service District. 93 There shall be levied and collected for fiscal vear 2013, taxes for the special purpose of providing neighborhood 94 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Bayville Creek Special Service 95 District not exempt from taxation at the rate of thirtv six and three-tenths cents ($0.363) on each one hundred dollars 96 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 97 of this ordinance. This tax rate shall applv without reduction to anv properties subiect to ad valorem taxes including those 98 properties enrolled in the Exemption Deferral or Freeze for Elderly and Disabled Persons, Citv Code §§ 35-61, et seq. As set 99 forth in Code of Virginia section 15.2-2403(6) written consent is required to applv this tax rate to the full assessed value of 100 properties sublect to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of 101 one hundred percentum (100%) of the fair market value of such real propertv except for public service real propertv, which 102 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 103 104 Sec. 6.9. Severability. 105 106 107 108 109 110 111 112 113 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. 7,10.Effective Date. The effective date of this ordinance shall be July 1, 2012. Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day of May, 2012. Repuires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Managementd6ervifes 0 } ity A s f ce 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 3 2013 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 Sec. 1. Amount of Levy on the Genera) Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shali be levied and collected for general 8 purposes for the calendar year 2013 on all tangible personal property, including all separate classifications of personal 9 property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the 10 rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof. 11 12 Sec. 2. Personal Property Tax Relief. 13 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not otherwise 14 exempted from taxation in this ordinance or by law, shall be subject to the following: 15 1 Any qualifying-vehicle with a total assessed value of $1,000 or less will be levied no tax. 16 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 34.8?6 41% of 17 the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state under the 18 Personal Property Tax Relief Act equal to the remaining 66.0% 59% of the computed tax on the first $20,000 of assessed 19 value. 20 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 34.0°6 41% of the computed tax 21 based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in excess of 22 $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining 23 66.9% 59% of the computed tax on the first $20,000 of assessed value. 24 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the City Treasurer is 25 authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due without regard to any 26 former entitlement to state relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a 27 qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such earlier date as 28 reimbursement with respect to such bill is no longer available from the Commonwealth, whichever earlier occurs. Penalties 29 and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed. 30 Interest shall be computed from the original due date of the tax. 31 32 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property 33 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general 34 purposes for the calendar year 2013 on the certain classifications of tangible personal property set forth below at the rate 35 of three dollars and seventy cents ($3.70) on each one hundred dotlars ($100) assessed valuation thereof. 36 a. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (8); 37 b. computer equipment as described in Code of Virginia § 58.1-3506 (A) (11); 38 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution control 39 equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or devices and 40 certified recycling equipment, facilities or devices"; 41 d. furniture, office, and maintenance equipment as described in Code of Virginia § 58.1-3506 (A) (24); 42 e. all tangible personal property employed in a trade or business other than described in subdivisions A 1 43 through A 18, except for subdivision A 17, of § 58.1-3503 as described in Code of Virginia § 58.1-3506 (A) (26); 44 f. programmable computer equipment and peripherals employed in a trade or business ad described in Code of 45 Virginia § 58.1-3506 (A) (27); 46 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 58-1- 47 3506 (A) (31); 48 h. forest harvesting and silvicultural activity as described in Code of Virginia § 58-1-3506 (A) (33); 49 i. equipment used primarily for research, development, production or provision of biotechnology as described in 50 Code of Virginia § 58-1-3506 (A) (34); 51 j. tangible personal property which is owned and operated by a service provider who is not a CMRS provider and 52 is not licensed by the FCC used to provide, for a fee, wireless broadband internet service as described in Code of Virginia § 53 58-1-3506 (A) (37). 54 55 Sec. 4. Amount of Levy on Manufactured Homes. 56 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all vehicles without 57 motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of 58 Virginia, at the rate of °'R",?;:,;2 ninetv-five cents ($8:89) 0.95 on each one hundred dollars ($100) of assessed 59 valuation thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10). 60 61 Sec. S. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 62 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all boats or watercraft 63 used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons or more), except as 64 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 65 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 66 58.1-3506 (A) (35) and (A) (36). 67 68 Sec. 6. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 69 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all boats or watercraft 70 not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as 71 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 72 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 73 58.1-3506 (A) (1) (a) and (A) (1) (b). 74 75 Sec. 7. Amount of Levy on Machinery and Tools. 76 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general 77 purposes for the calendar year 2013 taxes on machinery and tools, including machinery and tools used directly in the 78 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one millionth of 79 one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia § 80 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and tools: 81 a. all tangible personal property used in research and development businesses, as described in Code of 82 Virginia § 58.1-3506 (A) (7); 83 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and 84 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to 85 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506 86 (A) (25). 87 88 Sec. 8. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 89 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all privately owned 90 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on 91 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal 92 property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29). 93 94 Sec. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for 95 Recreational Purposes Only, and Privately Owned Horse Trailers. 96 There shall be levied and collected for general purposes for the calendar year 2013 taxes at the rate of one dollar 97 and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all 98 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately 99 owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b) 100 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of 101 horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Such property declared 102 a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30). 103 104 Sec. 10. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 105 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2013 at the rate of 106 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned 107 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 108 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 109 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the 110 rate or rates applicable to that ciass of property. To qualify, the veteran shail provide a written statement to the 111 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or 112 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or 113 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1- 114 3506 (A) (19). 115 116 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five 117 Years of Age or Anyone Found to be Permanently and Totally Disabled. 118 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and 119 collected for general purposes for calendar year 2013, at the rate of three dollars ($3.00) on each one hundred dollars 120 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used prirnarily by or for anyone at least 121 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the 122 Code of Virginia, subject to the following conditions: 123 1. The total combined income received, excluding the first $7,500 of income, from all sources during 124 calendar year 2012 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000). 125 2. The owner's net financial worth, including the present value of all equitable interests, as of December 126 31 of calendar year 2012, excluding the value of the principal residence and the land, not exceeding one (1) acre, upon 127 which it is situated, shall not exceed seventy thousand dollars ($70,000). 128 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the 129 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 130 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle 131 may be titled. 132 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if 133 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied. 134 135 Sec. 12. Assessed Value Determination. 136 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections 137 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia 138 Beach. 139 140 Sec. 13. Severability. 141 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shafl not 142 affect the validity of the remaining portions of this ordinance. 143 144 Sec. 14. Effective Date. 145 This ordinance shall be effective January 1, 2013. 146 147 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012. 148 149 Requires an affirmative vote by a majority of a/l of the members of City Council. APPROVED AS TO CONTENT: ?APPROVED AS TO LEGAL SUFFICIENCY: +1? C, Management Services ? ? Cit ey' ice 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock and community services, along with other related activities; and WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created the necessary mechanisms for its implementation in compliance with federal and local directives. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to submit the City's FY 2012-13 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and assurances contained therein and such additional information as may be required, to the Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012. APPROVED AS TO CONTENT: l .? .e 1 Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit yor y' ffice 1 AN ORDINANCE TO DECLARE $7,000,000 OF FUNDING WITHIN THE 2 SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS 3 FUNDS IN THE FY 2011-12 OPERATING BUDGET 4 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special Service 5 District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration and 6 management at Sandbridge; 7 8 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding is 9 adequate for long-term beach and shoreline restoration and management along Sandbridge; 10 11 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding to 12 meet long-term obligations for beach and shoreline restoration and management; 13 14 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the project; 15 and 16 17 WHEREAS, $ 7,000,000 is available as an unencumbered appropriation in the FY 2011-12 Sandbridge TIF Reserve 18 for Future Commitments. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 21 22 (1) That $ 7,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term 23 obligations for beach and shoreline restoration and management and is hereby declared surplus. 24 25 (2) That $ 7,000,000 is liereby transferred within the FY 2011-12 Operating Budget from the Sandbridge TIF to 26 the General Fund - Unappropriated Real Estate Tax Revenues. 27 28 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2012. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , Management Services ityl?A ey' ? fice 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 AN ORDINANCE TO COMPLETE THE CITY'S FINANCIAL OBLIGATIONS ASSOCIATED WITH THE LYNNHAVEN MALL DEVELOPMENT AGREEMENT AND DISSOLVE THE LYNNHAVEN MALL TAX INCREMENT FINANCING FUND WHEREAS, the City Council established the Lynnhaven Mall Tax Increment Financing Fund on June 9, 1998; WHEREAS, the City entered into the Lynnhaven Mall Development Agreement ("Agreement") on June 29, 2000 with Knickerbocker Properties, Inc. III to enhance the retail and theater amenities for the City's residents and visitors, while also addressing public parking, transit opportunities, and storm water management needs within a Tax Increment Financing District; WHEREAS, the parking lease component of the Development Agreement has a twenty year term, which will continue after the City's financial obligations have been satisfied; WHEREAS, the Agreement specifies the City's financial obligations and provides for a one percent (1%) reduction for each fiscal year prior to FY 2013-14 the City meets its financial obligations; and WHEREAS, sufficient fund balance is available in the Fund in addition to FY 2011-12 appropriations to fulfill the City's obligations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $1,133,984 is hereby appropriated from the fund balance of the Fund to fulfill the City's financial obligations under the Agreement. 2. That any remaining funds after the City fulfills its financial obligations under the Agreement shall be declared to be surplus. 3. That any surplus funds in the Fund shall be transferred to the General Fund, wherein such funds will lapse to the General Fund's fund balance at the end of the fiscal year. 4. That the Lynnhaven Mall Tax Increment Financing Fund shall be dissolved on June 30, 2012. 5. That this ordinance shall be effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 8`h day of May, 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit r y's Office _ y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE SANITARY SEWER SERVICE WATER TAP SIZES SECTION ADDED: § 28-26.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding thereto a new section 23-26.1 to read as follows: Sec. 28-26.1. Nonresidential Tap Sizing. For nonresidential uses wherein an Omni-tvpe meter combines domestic and fire flow through a single meter, the sewer charge provided bv section 28-26 shall be based on a meter size equal to the calculated domestic flow. BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012. APPROVED AS TO CONTENT: U? Management Services 0 APPROVED AS TO LEGAL SUFFICIENCY: Ci ey Office . ?.,, 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 44 45 46 47 48 49 50 AN ORDINANCE TO AMEND CHAPTERS 8 AND 33 OF THE CITY CODE BY ADDING NEW SECTIONS 8-37 AND 33-72, ESTABLISHING A TECHNOLOGY FEE IN THE AMOUNT OF FIVE DOLLARS FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, FENCE, SIGN, RIGHT-OF-WAY AND CERTAIN OTHER PERMITS Sections Added: City Code Sections 8-37 and 33-72 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 8 of the City Code is hereby amended by the addition of a new City Code Section 8-37, establishing a technology fee in the amount of $5.00 for building and certain other permits required by Sections 8-31, 8-31.1, 8-32, 8-33, 8-34, and Chapter 33 is hereby amended by the addition of a new City Code Section 33-72, establishing a technology fee in the amount of $5.00 for right-of-way permits required by City Code Section 33-51, to read as follows: CHAPTER 8. BUILDINGS AND BUILDING REGULATIONS ARTICLE II. VIRGINIA UNIFORM STATEWIDE BUILDING CODE. DIVISION 1. GENERALLY Sec. 8-31. - Permit fees-Building permits. (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any building or structure as defined in the Virginia Uniform Statewide Building Code without first obtaining a building permit therefor and paying the permit fees set forth in this section. (b) The minimum fee for any building permit shall be thirty dollars ($30.00). (c) For the construction of any building or addition thereto where the floor area is increased and for the installation or erection of any industrialized building unit, the fee shall be based on the floor area to be constructed, as computed from exterior building dimensions at each floor, as follows: (1) Residential-living area-Thirty dollars ($30.00) plus seven dollars ($7.00) for each one hundred (100) square feet or fraction thereof. (2) Residential-nonheated building area (residential accessory buildings and structures)-Thirty dollars ($30.00) plus four dollars ($4.00) for each one hundred (100) square feet or fraction thereof. (3) Businesses/mercantile-building area-Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (4) Institutional-building area-Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (5) Assembly, churches, and government buildings-building area-Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (6) Storage-building area-Thirty dollars ($30.00) pius four dollars ($4.00) for each one hundred (100) square feet or fraction thereof. (7) Hazardous storage or occupancy-building area-Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (8) Industrial-building area-Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (9) Farm buildings-building area-Thirty dollars ($30.00) plus three dollars ($3.00) for each one hundred (100) square feet or fraction thereof. Farm buildings and structures shall be subject to the requirements of this section; provided, however, that farm buildings and structures not used for residential purposes shall not be subject to the technical requirements of the Virginia Uniform Statewide Building Code. (10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial interior finish, miscellaneous structures and structures located in a Chesapeake Bay Preservation Area or a Southern Watersheds Area for which a permit fee is not otherwise prescribed by this section, including, but not limited to, patios and driveways-value of construction-Thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value of construction or fraction thereof. (11) Moving of buildings or structures: For the moving of any building or structure into, out of, through or within the city, the fee shall be calculated in accordance with subsection (c)(1). (12) Demolitions: For the demolition of any building or structure, the fee shall be fifty dollars ($50.00). (13) Signs: a. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of signs shall be based on the total surface area of all sign faces, and shall be as follows: 1. Single-face signs: 4-32 square feet .....$46.00 33-75 square feet .....69.00 76-150 square feet .....115.00 2. Double-face signs: 4-32 square feet .....$92.00 33-75 square feet .....115.00 76-150 square feet .....138.00 b. The fee for a permit for the repair of a billboard shall be in accordance with subsection (c)(10). c. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of temporary signs shall be in an amount equal to one-half of the fee chargeable for permanent signs of like size. 103 (14) Administrative fee: If any construction, alteration, repair, or other work requiring a permit under 104 this article is commenced before a permit is secured and fee paid for same, an administrative fee 105 of one hundred fifty dollars ($150.00) shall be added to the fee due. Payment of such 106 administrative fee shall not in any way relieve the violator of any criminal prosecution. 107 108 (15) Tents: Tents and other temporary structures permit fee shall be Thirty dollars ($30.00). 109 110 (16) Reinspection fee: There shall be a minimum of fifty dollars ($50.00) additional fee charged for 111 each reinspection. 112 113 (16.1) DFU pre-inspection fee: There shall be a fifty dollar ($50.00) fee for pre-inspections for DFU 114 disconnections. 115 116 (17) Appeal: The fee for submitting an appeal to the board of building code appeals shall be one 117 hundred dollars ($100.00). Such fee shall be paid by the appellant. 118 119 (18) Change of use/certificate of occupancy for existing structure(s): 120 121 a. The minimum fee for the inspection of any new construction or existing structure 122 requested by the permit holder shall be fifty dollars ($50.00) for each inspection. 123 124 b. The minimum fee associated with a change of use or request for a certificate of 125 occupancy for an existing structure or structures on the same property shall be seventy- 126 five dollars ($75.00). 127 128 (19) Application for septic tank soil evaluation: The fee shall be fifty dollars ($50.00) paid at the time 129 of application. If the application is approved, the septic tank permit shall be issued with no 130 additional fee. 131 132 (20) There shall also be a review fee in the amount of one hundred dollars ($100.00) for review of 133 commercial plans. 134 135 COMMENT 136 137 This section is shown for references purposes only; no substantive changes are made. 138 139 Sec. 8-31.1. - Fences and walls. 140 141 (a) A permit shall be required for the construction, reconstruction, replacement or relocation of any fence or 142 wall located within thirty (30) feet of a public right-of-way, except fences or walls used principally for agricultural or 143 horticultural purposes in an AG Agricultural Zoning District. Any such fence or wall located upon more than one (1) lot shall 144 require a separate permit for each such lot, except lots under common ownership. 145 146 (b) The fee for permits required by this section shall be thirty dollars ($30.00). 147 148 COMMENT 149 150 This section is shown for references purposes only; no substantive changes are made. 151 152 Sec. 8-32. - Same-Plumbing permits. 153 154 (a) The fee for a permit for plumbing work, as required by the building code, shall be thirty dollars ($30.00) 155 and, in addition thereto, the following: 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 (1) Each plumbing fixture, floor drain or tap: Six dollars ($6.00). (2) Each house sewer connection: Thirty dollars ($30.00). (3) Each house water connection: Thirty dollars ($30.00). (4) On-site sanitary sewer collector lines: one building-thirty dollars ($30.00), two (2) or more buildings-fifty dollars ($50.00) for each building. (5) On-site potable water distribution lines: one building-thirty doliars ($30.00), two (2) or more buildings-fifty dollars ($50.00) for each building. (6) Public utilities ultra low flush toilet program: thirty dollars ($30.00) for the first three (3) toilets plus five dollars ($5.00) for each toilet over three (3). (b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and charges provided for in chapters 28 and 37 of this Code. (c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. COMMENT This section is shown for references purposes only; no substantive changes are made. Sec. 8-33. - Same-Mechanical, life safety, elevator and gas permits. (a) The minimum fee for the installation or replacement of inechanical/life safety systems or equipment shall be thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value or fraction thereof. (b) The minimum fee for the installation of gas outlets for a gas piping system shall be thirty dollars ($30.00) plus four dollars ($4.00) for each outlet. (c) The minimum fee for the relocation of a gas meter shall be thirty dollars ($30.00). (d) For annual inspections of elevators and escalators, the fees shall be as follows: (1) Annual safety test and inspection: a. Tractor/cable elevator-$100.00. b. Hydraulic elevator-$100.00. c. Freight elevators-$100.00. d. Escalator-$100.00. (2) Five-year full rate load safety test and inspection: a. Tractor/cable elevators-$100.00. 208 (e) On any mechanicai, life safety, elevator or gas work commenced before a mechanical permit has been 209 issued and the requisite fee paid therefore, and administrative fee of one hundred fifty dollars ($150.00) per unit shall be 210 added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as 211 may be imposed by the courts. 212 213 COMMENT 214 215 This section is shown for references purposes only; no substantive changes are made. 216 217 Sec. 8-34. - Same-Electrical permits. 218 219 (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in this 220 section. 221 222 (b) There shall be charged a minimum fee of thirty dollars ($30.00) for each permit issued. 223 224 (c) For a permit issued for a temporary service, such as a trailer, house meter or meter loop added to an 225 existing service, the fee shall be thirty dollars ($30.00). 226 227 (d) For a permit for any special condition, such as and including temporary electrical release for construction 228 purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the like, the fee shall be a 229 minimum of fifty dollars ($50.00). The fee for a permit for prefabricated buildings for out-of-city use shall be thirty dollars 230 ($30.00). 231 232 (e) For a permit issued for original construction, the following fees include all equipment outlets only if 233 specifically listed on the application and installed by the permit holder before the final inspection, such fees being based on 234 the maximum current carrying capacity of each set or subset of service conductors installed, to the nearest fifty (50) 235 amperes: 236 237 (1) Single-phase: Thirty dollars ($30.00) plus twenty dollars ($20.00) for each fifty (50) amperes. 238 239 (2) Three-phase: Eighty dollars ($80.00) for the first fifty (50) amperes plus twenty dollars ($20.00) 240 for each additional fifty (50) amperes. 241 242 When services are increased or phases added, the fee shall be one-half the rate above, plus the added equipment fee. For 243 fee purposes, the service-panel nameplate amperage rating shall be used. 244 245 (f) For each piece of equipment connected and for each circuit or feeder installed, extended, relocated or 246 repaired, the fee shall be thirty dollars ($30.00) plus five dollars ($5.00) per circuit. 247 248 (g) On any electrical work commenced before an electrical permit has been issued and the requisite fee paid 249 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of 250 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. 251 252 COMMENT 253 254 This section is shown for references purposes only; no substantive changes are made. 255 256 Sec. 8-37. Technologv fee. 257 258 In addition to anv fees otherwise required bv this chapter, there shall be a fee in the amount of Five Dollars ($5.00) 259 for permits issued pursuant to Sections 8-31 8-31 1 8-32 8-33 8-34. Such fee shall be for the following purposes: 260 261 (a) To improve communitV access to general information about cases applications, permits and inspections 262 bv providing online user-friendlv search and viewing tools; 263 264 (b) To facilitate communications with propertv owners consultants and contractors throu?h use of on-line 265 checklist and activitv tracking that automaticallv emails notifications and updates regardmg_permit status and other 266 information not previouslv avaitable on-line; 267 268 (c) To increase transparencv and accountabilitv in business operations by providing users the abilitv to track 269 all transactions online; 270 271 (d) To enhance performance and revenue reporting bv providing the abilitv to produce ad hoc reports on 272 demand; and 273 274 (e) To improve and expand electronic document storase management and retrieval bv including scanned 275 images as part of the on-line permit record. 276 277 COMMENT 278 279 The section establishes a new «technology fee" in the amount of $5.00 for permits issued under the City Code 280 sections listed in the ordinance and sets forth the purposes of the fee. The use of the technology for which the fee is 281 established will significantly upgrade the permitting process, thereby facilitating its use by property owners and other 282 users of the system and allowing for greater efficiency in keeping permit records. 283 284 CHAPTER 33. STREETS AND SIDEWALKS 285 286 .... 287 288 ARTICLE II. WORK ON, OVER, UNDER OR AfFECTING STREETS 289 290 .... 291 292 Division 2. Permit Generally 293 294 Sec. 33-51. General requirement. 295 296 Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection 297 with the erection, construction, removal, relocation or maintenance of any structure, drainage system, surface, overhead or 298 underground installation or to cut, trim or spray trees or to place signs, if such work, cutting, trimming, spraying or placing 299 is on, under or over a street or affects a street, until such person has obtained a permit therefor in accordance with the 300 provisions of this division. 301 302 COMMENT 303 304 This section is shown for references purposes only; no substantive changes are made. 305 306 ..•. 307 308 Division 3. Permit, Inspection and guarantee fees. 309 310 Sec. 33-71. - Schedule. 311 312 (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or 313 not required in accordance with the following schedule: 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 Type of Project Permit Fee Inspection Fee Minimum Guarantee Fee (1) One (1) permit for work $100.00 Based on 1.5% the total cost of Deposit in accordance of a continuing nature construction as provided in the with estimated cost engineer's cost estimate, excluding water, sewer and street light costs, with a $50.00 minimum. (2) Logging road, tram road $100.00 $50.00 Deposit in accordance and other temporary with estimated cost entrances (3) Cutting, trimming or $100.00 $50.00 $25.00 spraying trees or shrubs (4) Blanket permit $500.00 $0.00 $0.00 (5) Singfe- or two-family $35.00 $0.00 $0.00 driveway aprons (6) Single permit $100.00 $0.00 $0.00 (7) All other work $100.00 Based on 1.5% of the total cost of Deposit in accordance construction as provided in the with estimated cost. engineer's cost estimate, excluding street light costs, with a$50.00 minimum; provided, however, that water and sewer fees shall be based on 10% of the construction cost up to $7,500.00 plus 1.5% of the construction cost in excess of $7,500.00, with a $50.00 minimum. (b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars ($84.00) shall be required. COMMENT This section is shown for references purposes only; no substantive changes are made. Sec. 8-72. Technologv fee. In addition to anv fees otherwise required bv this chapter, there shall be a fee in the amount of Five Dollars ($5.00) for permits issued qursuant to Section 33-51 Such fee shall be for the following purposes: (a) To improve community access to seneral information about cases applications permits and inspections bv providing online user-friendlv search and viewing tools: (b) To facilitate communications with propertv owners consultants and contractors through use of on-line checklist and activitv tracking that automaticallv emails notifications and updates regarding permit status and other information not previouslv available on-line: (c) To increase transparencv and accountability in business oqerations bv providing users the abilitv to track all transactions online: (d) To enhance performance and revenue reporting bv providing the abilitv to produce ad hoc reports on demand; and 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 (e) To improve and expand electronic document storage management and retrieval bv including scanned images as part of the on-line permit record. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That this ordinance shall take effect on July 1, 2012. COMMENT The section establishes a new "technology fee" in the amount of $5.00 for permits issued under City Code Section 33-51 (pertaining to permits for work on, under, over or affecting public rights-of-way) and sets forth the purposes of the fee. The use of the technology for which the fee is established will significantly upgrade the permitting process, thereby facilitating its use by property owners and other users of the system and allowing for greater efficiency in keeping permit records. Adopted by the City Council of the City of Virginia Beach, Virginia on the 8`h day of May, 2012. APPROVED AS TO CONTENT: )Services APPROVED AS TO LEGAL SUFFICIENCY: , y rn s ffice 1 AN ORDINANCE TO ADOPT THE FY 2013/FY 2018 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $277,566,687 FOR 3 THE FY 2013 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED 4 FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS, the City Manager, on March 27, 2012, presented to City Council the Capital Improvement Program for 6 fiscal years 2013 through 2018; 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 0 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital 1 Improvement Program; and 2 .3 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2013 fiscal .4 year, as set forth in said Capital Improvement Program. .5 _6 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, capitai facilities identified for fiscal years 2013 through 2018 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 $277,566,687 for capital projects in the Capital Budget for the 2013 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and spbject 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 2013 fiscal year as set forth in said Capital Improvement Program is 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 2013 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment D- Changes in Financing Sources." Section 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. An appropriation for a project in the Capital Improvement Program shall continue in force, and, to the extent required by law, re-appropriated for use in FY 2012-13 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 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 53 Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is 54 hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices, 55 reporting requirements and the Capital Improvement Program adopted by the City Council. 56 57 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 58 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" 59 mean water and sewer projects having the same name or project scope and description with the exception of "water" or 60 "sewer" being in the title and/or project scope and description. 61 62 Section 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject 63 to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects 64 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or 65 realized revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of 66 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, 67 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of 68 any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of 69 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a 70 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. 71 72 ,,. ??• 73 ' ' ? 74 75 „ , " • 76 , , 77 ' 78 79 Section 12 43. That the Capital Improvement Program debt management policies contained and included in the 80 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report 81 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those 82 guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose 83 modifications to those policies and guidelines through the Resource Management Plan. 84 85 Section 13 44. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 86 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 87 88 Section 14 14. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 89 person or persons responsible for the capital project in which the violation occurred. 90 91 Section 15 44. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 92 decision shall not affect the validity of the remaining portions of this ordinance. 93 94 Section 16 34. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 95 2013 Capital Budget shall be effective on July 1, 2012. 96 97 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 98 99 Requires an affirmative vote of the majority of City Council 100 • APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: i ? Cit ' Office City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Project Appropriations Number Projects FY 2012-13 Buildings - CRO 3103000 Heritage Building - Maintenance Program 618,850 3146000 VA Aquarium Bldg Systems & Facility Infrastructure - Ph I 3,200,000 3278000 Virginia Aquarium Renewal and Replacement - Phase II 300,000 Total Buildings - CRO Projects 4,118,850 Buildings - FYO 3510000 Intermediate Care Facilities Renewal/Replacement-Phase I 389,086 Total Buildings - FYO Projects 389,086 Buildings - QELL 3262000 TCC Expansion/Operation Smile Headquarters 801,500 Total Buildings - QELL Projects 801,500 Buildings - QPE 3136000 Various Buildings HVAC Rehabilitation & Renewal-Phase III 1,104,962 3137000 Various Buildings Rehabilitation and Renewal - Phase III 534,113 3139000 Various Site Acquisitions - Phase II 1,274,081 Total Buildings - QPE Projects 2,913,156 Buildinas - SC 3133000 Fire Training Center Improvements - Phase III 400,000 3371000 Fire Apparatus - Phase II 1,501,547 3506000 Fire Facility Rehabilitation and Renewal - Phase III 1,316,710 Total Buildings - SC Projects 3,218,257 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Project Number Projects Appropriations FY 2072-13 Coastal 8002000 Beach Profile Monitoring Program 8004000 Various Minor Dredging Projects 8014000 Lynnhaven Inlet Maintenance Dredging 8282000 Sandbridge Beach Restoration 8405000 Sandbridge Beach Access Improvements - Phase II 8406000 Rudee Inlet Federal Dredging - Phase II 8407000 Rudee Inlet Outer Channel Maintenance Dredging-Phase II 8408000 Pleasure House Point Mitigation 8409000 Chesapeake Bay Beach Restoration 8500000 Old Donation Creek Area Dredging 8501000 Bayville Creek Neighborhood Dredging 50,000 176,336 200,000 4,529,405 275,000 550,000 450,000 120,000 1,000,000 68,652 50,508 Total Coastal Projects 7,469,901 Communications and IT - QO 3068000 CIT - IT Network Infrastructure Replacement - Phase II 3119000 CIT - Cable Access Infrastructure Replacement Phase I 3637000 CIT - Disaster Recovery - Critical Service Analysis-Phase III 3638000 CIT - Application Portfolio Sustainment 3646000 CIT - eGIS Base Map Updates (Partial Funding) 3652000 CIT - Telecommunications Replacement - Phase II 300,000 322,000 436,150 350,000 336,579 350,000 Total Communications and IT - QO Projects 2,094,729 Communications and IT - SC 3095000 CIT - Police - Integrated Public Safety Record Management System 3142000 CIT - Communications Infrastructure Replacement - Phase II 3619000 CIT - ALI Database Management & Selective Routing 3,792,588 11,750,000 1,645,176 Total Communications and IT - SC Projects 17,187,764 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Appropriations Project FY 2012-13 Number Projects Economic and Tourism Dev - EV 9058000 Rudee Inlet Connector Walk 700,000 9060000 Oceana & Interfaciliry Traffic Area Conformity & Acquisition 15,000,000 9069000 19th Street Corridor Improvements 100,000 9081000 Strategic Growth Area Projects 1,250,000 9082000 Oceanfront Parking Facilities Capital Maintenance 300,000 9083000 Town Center Garage and Plaza Capital Maintenance 283,564 9085000 SGA - Burton Station Road Improvements - Phase II 2,600,000 9091000 SGA - Burton Station Road Improvements - Phase III 6,750,000 9141000 Economic Development Investment Program (On-Going) 2,243,725 9500000 Virginia Beach Amphitheater Capital Maintenance 200,000 9504000 Newtown Strategic Growth Area 750,000 9505000 Pembroke Strategic Growth Area 750,000 9506000 Rosemont Strategic Growth Area 750,000 Total Economic and Tourism Dev - EV Projects 31,677,289 Parks and Recreation 4064000 Ciry Bikeways & Trails Plan Implementation - Phase II 475,000 4080000 Sportsplex Field Hockey National Trng Ctr Rep/Reno Ph I 391,316 4300000 Communiry Recreation Ctrs Repairs & Renovations - Ph III 1,976,542 4301000 Parks & Special Use Facilities Develop. & Reno. - Phase III 1,114,682 4302000 Golf Courses Contractual Obligations for Maintenance 120,000 4303000 Greenways, Scenic Waterways & Natural Areas - Phase III 125,000 4305000 Tennis Court Renovations - Phase III 125,000 4306000 Open Space Park Development and Maintenance - Phase II 1,500,000 4307000 Athletic Fields Lighting & Renovations - Phase III 150,000 4308000 Open Space Program Site Acquisition - Phase III 500,000 4309000 Mount Trashmore Signature Park Renovations - Phase II 250,000 4500000 Park Playground Renovations - Phase III 500,000 4502000 Lynnhaven Boat Ramp & Beach Facility Repairs/Reno - Ph I 49,527 4505000 Replacement of Bow Creek Recreation Center 17,418,934 4509000 Modernization of Kempsville Recreation Center 8,910,696 4517000 Stumpy Lake Golf Course Lease Obligations - Ph I 96,265 4518000 Pleasure House Point Acquisition 6,000,000 Total Parks and Recreation Projects 39,702,962 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Project Number Projects Roadwavs Appropriations FY 2012-13 2021000 Rural Road Improvements 1,000,000 2025000 Witchduck Road - Phase II 10,143,000 2031000 Street Reconstruction 2,150,000 2048000 Princess Anne Rd./Kempsville Rd. Inter. Impr. 537,016 2107000 Seaboard Road 4,584,267 2117000 Shore Drive Corridor Improvements - Phase III 3,289,247 2145000 Wesleyan Drive 800,450 2152000 Elbow Road Extended - Ph. II 5,293,958 2160000 City Wide Street Lighting Improvements - Phase II 60,000 2161000 Traffic Signal Retiming 599,800 2165000 Laskin Road - Phase II 560,000 2168000 Lesner Bridge Replacement 30,000,000 2176000 Transportation Nefinrork Analysis 100,000 2177000 Proactive Safety Improvement Program 75,000 2256000 Indian River Rd - Ph. VII 561,000 2263000 Major Bridge Rehabilitation 660,000 2268000 Wetlands Mitigation Banking 50,000 2300000 Traffic Safety Improvements - Phase III 2,675,837 2401000 Greenwich Road Crossover 340,000 2409000 Centerville Turnpike Interim Improvements 6,376,097 2410000 Traffic Signal Rehabilitation - Phase II 100,000 2418000 Indian River Rd/Kempsville Rd Intersection Improvements 3,295,000 2421000 Sportsplex Drive 2,850,000 2422000 Indian River Rd/Princess Anne Rd Intersection Improvements 250,000 2837000 Various Cost Participation Projects ' 25,000 Total Roadways Projects 76,375,672 Schools 1001000 Renovations and Replacements - Energy Management 500,000 1099000 Renovations and Replacements - Grounds - Phase II 750,000 1103000 Renovations and Replacements - HVAC Systems - Phase 11 2,500,000 1104000 Renovations and Replacements - Reroofing - Phase tl 2,675,000 1105000 Renovations and Replacements - Various - Phase II 500,000 1106000 Kellam High School Replacement 22,196,000 1109000 Energy Performance Contracts (Schools) 2,500,000 1232000 Tennis Court Renovations 320,000 1233000 Consolidated Old Donation Ctr/Kemps Landing Magnet Rep 5,450,000 Total Schools Projects 37,391,000 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Project Appropriations Number Projects FY 2012-13 Sewer Utilitv 6041000 Pump Station Modifications - Phase V 2,746,000 6057000 Holland Road - Phase VI Sewer Improvements (VDOT) 100,000 6061000 Utilities Emergency Response Program - Phase II 200,000 6070000 Infiltration, Inflow and Rehabilitation - Phase V 3,300,000 6085000 Sanitary Sewer Asset Management Program - Phase II 900,000 6089000 Comprehensive Sewer Master Planning - Phase IV 500,000 6090000 Clean Water Act Compliance Studies Phase I 200,000 6092000 Vacuum Valve Monitoring System 180,000 6093000 Consent Order Rehabilitation Plan Implementation Prg Ph I 1,600,000 6106000 Various Roadway/Storm Water Coordination - Phase V 620,000 6146000 Sewer Requests & Agreements - Phase V(51 % Program) 50,000 6151000 Landstown Yard Improvements - Phase IV 865,000 6403000 Service Order Automation Solution Design 50,000 6404000 Computerized Mapping & Infrastructure Mgmt- Phase II 170,000 6405000 Customer Information System Version Migration 150,000 6501000 Auxiliary Power Program-Sewer Pump Stations-Phase III 1,598,000 6552000 Sanitary Sewer System Revitalization Program - Phase II 4,000,000 6555000 Utility Crossings Condition Assessment Program - Phase II 50,000 6557000 SGA Sanitary Sewer System Improvements 400,000 6564000 Relocation of Sewer Cleanouts - North Landing Rd 225,000 6567000 Sewer Pump Station Backflow Prevention Modifications 680,000 6604000 Witchduck Rd - Phase 11 Sewer Improvements 50,000 6804000 Sanitary Sewer Regulatory Compliance Program - Phase I 3,600,000 6952000 Sewer Pump Station Flow Monitoring & Data Storage-Ph I 2,970,000 6953000 Sewer Tap Installation Program - Phase II 300,000 6973000 Sanitary Sewer Capacity Program - Phase I 500,000 Total Sewer Utility Projects 26,004,000 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Appropriations Project FY 2012-13 Number Projects Storm Water 7016000 South Lake Holly Watershed 775,000 7027000 SWM Master Planning, Analysis, and inventory 550,000 7038000 Thoroughgood Drainage - Interim 175,000 7067000 Primary System Infrastructure Improvements 770,000 7091000 Residential Drainage Cost Participation Program 73,651 7151000 Cape Henry Beach Drainage 885,000 7153000 Lynnhaven Watershed Restoration 300,000 7159000 Water Quality Participation Projects 100,000 7400000 Aragona Drainage Improvements 600,000 7406000 Elizabeth River TMDL Implementation Plan 200,000 7410000 Southern River TMDL Implementation Plan 200,000 7411000 Oceanfront Storm Water Facilities Maintenance 177,000 7412000 Storm Water Pump Station Modifications 442,500 7413000 Neighborhood SW Infrastructure Improvements-Ph. II 1,002,890 7414000 Storm Water Quality Enhancements - Phase il 1,181,078 7415000 Lake Management - Phase II 2,941,280 7416000 SW Infrastructure Rehabilitation & Improvements-Phase II 3,853,122 Total Storm Water Projects 14,226,521 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Appropriations Project FY 2012-13 Number Projects Water Utilitv 5011000 Beach Garden Park - Kilborne Ct & Holly Rd Improvements 50,000 5024000 Holland Road - Phase VI Water Improvements (VDOT) 250,000 5028000 Witchduck Rd - Phase II Water Improvements 167,000 5030000 Shore Drive Water Line Improvements - PH III 50,000 5046000 Utilities Emergency Response Program - Phase II 200,000 5084000 System Expansion Cost Participation Agreements - Phase II 130,000 5086000 Comprehensive Water Master Planning - Phase V 200,000 5089000 Various Roadway/Storm Water Coordination - Phase V 800,000 5090000 Lynnhaven Pkwy - Phase XI Water Improvements (VDOT) 570,000 5091000 Water Request & Agreements (51 % Program) - Phase V 50,000 5151000 Landstown Yard Improvements - Phase IV 1,214,000 5250000 Potable Wells Evaluation Program - Phase III 275,000 5252000 Water Quality Program - Phase IV 100,000 5260000 Utility Crossings Condition Assessment - Phase II 50,000 5403000 Service Order Automation Solution Design 50,000 5404000 Computerized Mapping & Infrastructure Mgmt - Phase II 170,000 5405000 Customer Information System Version Migration 150,000 5501000 Water Transmission System Upgrade Pgm-Phase I 6,090,000 5804000 Water Line Extension, Replacement & Rehab Pgm-Phase I 900,000 5805000 Water Utility Asset Management Program - Phase I 900,000 5806000 Backflow Prevention & Cross-Connection Control Pgm-Ph II 1,000,000 5952000 Water Pump Station Flow Monitoring and Data Storage 180,000 5953000 Water Tap Installation Program - Phase II 150,000 5967000 Water Resources Investigation & Planning - Phase I 300,000 Total Water Utility Projects 13,996,000 Total Capital Budget 277,566,687 City of Virginia Beach, Virginia Attachment B - Financing Sources Capital Budget Financing Sources FY 2012-13 Federal Contribution 3,996,450 Franchise Fees 322,000 Fund Balance - General Fund 18,202,054 Fund Balance - Other 16,539,582 General Appropriations 22,812,415 General Obligation Bonds 63,868,564 Lease of Property 196,344 Lease-Purchase 5,727,934 Medicaid Cost Settlement 389,086 Parking Enterprise Fund 300,000 Private Contribution 25,151 Public Facility Bonds 37,857,702 Rental Income 3,850 Retained Earnings - Telecommunications 350,000 Retained Earnings - Water and Sewer Fund 5,000,000 Sale of Property 400,000 State Contribution 52,032,685 Storm Water Utility Fund 14,232,870 Water and Sewer Bonds 27,000,000 Water and Sewer Fund 8,310,000 Total Capital Budget 277,566,687 Attachment C - Transfers Appropriations Prior to Project# FY 2012-13 Cultural and Recreational Opportunities Parks and Recreation Proiects Transfer To: 4308000 Open Space Program Site Acquisition - Phase III $ 5,092,029 4300000 Community Recreation Centers Repairs & Renovations - Phase III 9,460,571 4306000 Open Space Park Development & Maintenance - Phase II 2,370,611 4505000 Modernization of Bow Creek Recreation Center 929,969 Total Transfer To: $ 17,853,180 Transfer From: 4004000 Open Space Program Site Acquisition - Phase I $ 3,159,029 4070000 Open Space Program Site Acquisition - Phase II 1,933,000 4013000 Community Recreation Centers Repairs & Renovations - Phase II 9,300,000 4034000 Recreation Centers Roof Maintenance & Replacement - Ongoing 160,571 4055000 Open Space Park Development & Maintenance - Phase I 2,370,611 4051000 Stumpy Lake Golf Course Infrastructure Improvements 929,969 Total Transfer From: $ 17,853,180 Economic Vitalitv Economic and Tourism Development Proiects Transfer To: 9336000 Spot Blight Abatement Transfer From: 9199000 Conference/Convention Facility Renovation (On-Going) 58,978 Total Transfer To: $ 58,978 58,978 Total Transfer From: $ 58,978 Qualitv Phvsical Environment Roadwavs Tra nsfer To: 2117000 Shore Drive Corridor Improvements - Phase III (Partial) 2412000 Cleveland Street/ClearField Avenue Improvements 2167000 Lynnhaven Parkway - Phase XI 2107000 Seaboard Road 2158000 Holland Road - Phase VI 2418000 Indian River Rd/Kempsville Rd Intersection Improvements Transfer From: 2731000 Shore Drive Interim Safety Improvements 2115000 Shore Drive - Intersections Demonstration Project 2401000 Greenwich Road Crossover 2257000 Lynnhaven Parkway/Volvo Parkway Intersection 2121000 Nimmo Parkway - Phase V-A (VDOT) 2190000 Congestion Relief and Safety Improvements $ 2,385,795 825,000 2,826,712 913,000 2,398,784 2,980,000 Total Transfer To: $ 12,329,291 $ 250,000 299,073 825,000 575,217 7,400,001 2,980,000 Attachment C - Transfers Appropriations Prior to Project # FY 2012-13 Total Transfer From: $ 12,329,291 Storm Water Transfer To: 7400000 Aragona Drainage Improvements $ 7151000 Cape Henry Beach Drainage 7038000 Thoroughgood Drainage - Interim 7024000 Southern Canal/Lead Ditch and Culvert Improvements 7416000 7415000 7067000 Storm Water Infrastructure Rehabilitation and Improvements - Phase II Lake Management - Phase II Primary System Infrastructure Improvements Transfer From: 7145000 Arctic Avenue - Baltic Avenue 7033000 Rosemont Forest Drainage Improvements 7902000 North Beach Drainage 7404000 Aragona Neighborhood Infrastructure Rehabilitation 7405000 Brigadoon Lakes Maintenance Dredging Fixed Assets of the Storm Water Capital Projects Fund Water and Sewer Utilitv Proiects Transfer To: 5252000 Water Quality Program - Phase IV 5084000 System Expansion Cost Participation Agreements - Phase II 5501000 Water Transmission System Upgrade Program - Phase I 5260000 Utility Crossing Condition Assessment - Phase II 6148000 System Expansion Cost Participation Agreements - Phase II 6555000 Utility Crossing Condition Assessment - Phase II 6041000 Pump Station Modifications - Phase V Transfer From: Fixed Assets (Various Closed-Out Projects) 5001000 Comprehensive Emergency Response & Planning - Phase I 5007000 Customer Information System Replacement 5013000 Water SCADA System Upgrade 5087000 Bayway Road Water Improvements-51% 5130000 Lynnhaven Parkway Extended 5131000 Tank Upgrade Program - Phase II 5164000 IVR/CTI, Bill Prnt, Auto Payment Solution Design 5166000 Automated Mobile Water Reading System - Phase I 5167000 Tank Upgrade Program - Phase III 5207000 Laskin Road - Phase I 5255000 Automated Mobile Water Reading System - Phase 11 910,000 950,000 200,000 500,000 1,000,000 450,000 970,893 Total Transfer To: 4,980,893 60,000 1,500,000 1,000,000 1,000,000 450,000 970,893 Total Transfer From 4,980,893 $ 100,000 224,729 179,605 343,518 700,000 334,211 1,336,048 Total Transfer To: $ 3,218,111 $ 805,663 46,106 13,502 22,432 5,500 111,382 153,948 9,235 81,452 25,657 7,198 500,000 Attachment C - Transfers Appropriations Prior to FY 2012-13 Project # 332 68 5400000 Fire Hydrant Program - Phase III , 5401000 Records Management Improvements 3,965 5600000 29TH Street Water Tank Replacement 1,300 5602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 600,000 5802000 Utility Crossing Condition Assessment 343,518 6028000 Comprehensive Emergency Response & Planning - Phase I 9,667 6033000 Infiltration, Inflow, and Rehabilitation - Phase I 19,067 6038000 Sewer SCADA System Upgrade 1,500 6139000 Bayway Road Sewer Improvements-51% 5,975 6169000 IVR/CTI, Bill Prnt, Auto Payment Solution Design 9,235 6451000 Eigineering Services - Various Projects 39,266 6802000 Utility Crossing Condition Assessment 334,211 Total Transfer From: $ 3,218,111 Various Business Areas Transfer To: 3095000 Police Integrated Public Safety RMS 8933000 Landfill #2 Expansion Transfer From: Fixed Assets (Various Closed-Out Projects) 2161000 Traffic Signal Retiming 2076000 Laskin Road Gateway 2091000 Nimmo Parkways Phases II and III 3043000 CIT-In Vehicle Mapping 3083000 CIT-System Center Configuration Management 3086000 CIT-EMS Handheld Field Reporting 3209000 CIT-Enterprise Electronic Records Management System 3346000 CIT-Automatic Vehicle Locator System $ 1,074,819 1,383,709 Total Transfer To: $ 2,458,528 Total Transfer From $ 682,681 599,800 100,000 1,228 107,545 27,802 83,260 288,385 567,827 $ 2,458,528 Attachment D- Reductions in Non-City Funding Amount of Reduction in Appropriations Prior to Funding Project # FY 2012-13 Source Economic Vitalitv 9336000 Spot Blight Abatement $ 153,278 Sale of Property Total Reduction: $ 153,278 Qualitv Phvsical Environment 3503000 Lighthouse Multi-Service Center $ 1,016,000 Federal Funding 3503000 Lighthouse Multi-Service Center 900,000 Private Contributions 7153000 Lynnhaven Watershed Restoration 46,654 State Contribution 7159000 Water Quality Participation Projects 15,001 State Contribution 8933000 Landfill #2 Expansion 1,383,709 Southeastern Public Service Authority Total Reduction: $ 3,361,364 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL 2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF 4 $67,700,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL 5 IMPROVEMENTS 6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general 7 obligation public improvement bonds for various purposes in the maximum amount of $67,700,000, as permitted by the City 8 Charter, without submitting the question of their issuance to the qualified voters. 9 10 WHEREAS, City Council held public hearings on the program to provide for public comment; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 13 14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various 15 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants 16 and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through 17 the borrowing of up to $67,700,000 and issuing the City's general obligation bonds therefor. 18 19 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 20 issued general obligation public improvement bonds of the City in the maximum arnount of $67,700,000, to provide funds, 21 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal, 22 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following: 23 preliminary studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site 24 acquisition, relocation of residents, utility relocation, construction, renovation, expansion, repair, demolition, site 25 improvement, site work, legal services, inspection and support services, furniture and equipment, and contingencies. 26 27 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combined 28 with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 29 30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from 31 their dates, bear interest, be in such denominations and form, be executed in such rnanner and be sold at such time or times 32 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 33 34 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if any, 35 and interest on which its full faith and credit shall be irrevocably pledged. 36 37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by 38 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date 39 of the issuance of the Bonds. 40 41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file 42 a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 43 44 8. That this ordinance shall be in full force and effective from its passage. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 47 48 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT: .? ? a- ° Management Services APPROVED AS TO LEGAL SUFFICIENCY: ? ? it y's Office 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM Z REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM 3 AMOUNT OF $27,000,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and sewer system 5 revenue bonds in the maximum amount of $27,000,000 for financing improvements and expansions to the City's water and sewer 6 system (the "System"), as permitted by the City Charter without submitting the question of their issuance to the qualified voters. 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and 13 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 14 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $27,000,000 and issuing 15 the City's revenue bonds therefore. 16 17 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water 18 and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with other 19 available funds, for financing the costs of improvements and expansions to the System. 20 21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, 22 bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 23 manner as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shail be limited obligations 26 of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System, 27 and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or 28 constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any country, city, town, 29 or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the 30 covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter 31 shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the 32 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged 33 to the payment of the principal of and premium, if any, and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the 36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such 37 rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time 38 and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on 39 the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also 40 include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and 41 sewer revenue obligations. 42 43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general 44 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of 45 the bonds. 46 47 7. That the City Cierk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified 48 copy of this ordinance with the Circuit Court of the City of Virginia Beach. 49 50 8. That this ordinance shall be in full force and effect from its passage. 51 52 Adopted by the Councii of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 53 54 Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Ci ' ffice .? 1 AN ORDINANCE TO REALIGN REVENUES OF THE ROADWAYS CAPITAL 2 IMPROVEMENTS PROJECTS FROM VARIOUS SOURCES SET FORTH 3 HEREIN 4 WHEREAS, the City establishes funding sources for Roadways capital project based on initial estimates of State, 5 Federal and local sources provided by the Virginia Department of Transportation (VDOT); 6 7 WHEREAS, VDOT finalizes funding allocations in any given year after the proposed Capital Budget is finalized for 8 presentation to City Council; 9 10 WHEREAS, VDOT also adjusts revenue sources and local funding responsibility throughout the duration of a given 11 project; 12 13 WHEREAS, VDOT also adjusts the funding resources based on changes in scope, bids received, and availability of 14 annual funding; and 15 16 WHEREAS, this ordinance does not increase aggregate appropriations to date; and 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 19 20 1. That the following projects have $1,399,038 in local funding available as the projects are nearing final completion; 21 appropriations can be reduced and local revenue is necessary to provide local funding as set forth in paragraphs 6-8 22 below: a. 2-067 Sandbridge Road Safety Improvements $327,184 b. 2-073 BucknerBoulevard Extended 9,708 c. 2-074 I-264 Great Neck Ramps 396,312 d. 2-076 Laskin Road Gateway 9,625 e. 2-091 Nimmo Parkway Phases 111 and IV 18,704 f. 2-137 Great Neck Road IV/London Bridge Road III 419,502 g. 2-285 Traffic Safety Improvements 218,003 23 24 2. That the following projects have $3,336,344 in local funding available due to favorable bids or changes in local 25 funding requirements by VDOT; appropriations can be reduced and local revenue is necessary to provide focal 26 funding as set forth in paragraphs 6-8 below: h. 2-121 Nimmo Parkway Phase V-A (VDOT) 2,078,329 i. 2-145 Wesleyan Drive 373,277 j. 2-305 Princess Anne Road - Phase IV 884,738 27 28 3. That the following projects have State funding reduced and Federal funding increased in equal amounts: 29 a. That Project 2-025 - Witchduck Road is hereby decreased by $623,100 in estimated State revenue and 30 increased by $623,100 in estimated federal revenue. 31 b. That Project 2-145 - Wesleyan Drive is hereby reduced by $7,552,910 in State revenue and increased by 32 $7,552,910 in Federal revenue. 33 c. That Project 2-152 - Elbow Road Extended - Phase II is hereby reduced by $3,644,000 in State revenue and 34 increased by $3,644,000 in Federal revenue. 35 d. That Project 2-165 - Laskin Road - Phase 11 is hereby reduced by $404,000 in State revenue and increased by 36 $404,000 in Federal revenue. 37 38 4. That the following projects have Federal funding reduced and State funding increased in equal amounts: 39 a. That Project 2-089 - Southeastern Parkway and Greenbelt is hereby reduced by $378,011 in Federal 40 revenue and increased by $378,011 in State funding. 41 b. That Project 2-177 - Proactive Safety Improvement Program is hereby reduced by $101,000 in Federal 42 revenue and increased by $101,000 in State revenue. 43 44 5. That Project 2-065 - Elbow Road Extended - Phase II-A is hereby reduced by $17,131 in estimated State revenue and 45 total appropriations in this project are reduced by $17,131. 46 47 6. That Project 2-039 - Computerized Traffic Signal System Upgrade and Replacement is hereby reduced by 48 $17,102,240 in estimated State revenue, increased by $10,840,370 in Federal revenue, increased by $1,314,307 49 supported by an appropriation of Interest on Bank Deposits, $1,399,038 in local revenue from the projects above, 50 and the appropriation reduced by $3,548,525. 51 52 7. That Project 2-048 - Princess Anne Road/Kempsville Road Intersection Improvements is hereby reduced by 53 $38,688,855 in State revenue, increased by $37,054,000 in Federal revenue and $1,634,855 in local revenue. 54 55 8. That Project 2-178 - Highway Safety Improvement Program is hereby reduced by $2,662,569 in Federal revenue, 56 increased by $67,095 in State revenue, increased by $1,701,489 in local revenue, and the appropriation reduced by 57 $893,985. 58 59 9. That this ordinance shall be in effect from the date of its adoption. 60 61 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 62 63 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICfENCY: nl ????.? ?Management Services Cit e Office -zs- Item -V-I.2a16 ORDINANCES/RESOL UTIONS ITEM #61856 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to AMEND the City Code: a. §§16-22.2, 16-12.4 and 16-12.9 re enforcement of Residential Rental Inspection Districts b. §23-58(fl(6) re Comrrtercial Parking Lots Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice MayoY Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 8, 2012 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 44 AN ORDINANCE TO AMEND SECTION 16- 12.2, 16-12.4 AND 16-12.9 OF THE CITY CODE PERTAINING TO ENFORCEMENT OF RESIDENTIAL RENTAL INSPECTION DISTRICTS Sections Amended: §§ 16-12.2, 16-12.4 & 16- 12.9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 16-12.2, 16-12.4 and 16-12.9 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: ARTICLE I. - IN GENERAL Sec. 16-12.2. - Applicability. (a) The provisions of this article shall apply to residential rental dwelling units located within the districts designated by the city council pursuant to section 16-12.1(a) and to such other individual residential rental dwelling units as the city council may designate pursuant to section 16-12.1(b). (b) The followinq definitions shall apply to the sections reqardinq residential rental dwellinq units and certificates: (1) Dwellin.q unit is a buildinq or structure or part thereof that is used for a home or residence by one or more persons who maintain a household. (2) Owner is the person shown on the current real estate assessment books or current real estate assessment records. (3) Residential rental dwellinq unit is a dwellinq unit that is leased or rented to one or more tenants. However, a dwellinq unit occupied in part by the owner thereof shall not be construed to be a residential rental dwellinq unit unless a tenant occupies a part of the dwelling unit which has its own cookinq and sleeping areas and a bathroom. COMMENT The addition of these definitions from Virginia Code Section 36-105.1:1 will add further clarification to the ordinance. 45 46 Sec. 16-12.3. - Notification. 47 48 (a) After the designation of a rental inspection district or the designation of an 49 individual residential rental dwelling unit, the code enforcement administrator shall make 50 reasonable efforts to notify all owners of residential rental dwelling units located within 51 the designated rental inspection districts and to the owners of individual residential 52 rental dwelling units so designated, or their managing agents, of the adoption of the 53 designation ordinance. Such notification shall also include information concerning, and 54 an explanation of, the provisions of this article and the responsibilities of the owner 55 pursuant to such provisions. No initial inspection of any residential rental dwelling unit 56 shall be conducted until written notice of such inspection has been provided to the 57 owner of such unit. The mailing of said notice by the code enforcement administrator 58 shall be deemed sufficient notice for purposes of authorizing initial inspections pursuant 59 to this article 60 61 (b) The owner of any residential rental dwelling unit located within an 62 inspection district shall, no later than sixty (60) days after the date of adoption of the 63 ordinance, notify the code enforcement administrator in writing of any property that is 64 used as a residential rental dwelling unit. Such notice and information shall be 65 submitted on a form provided by the code enforcement administrator. Any owner who 66 willfully fails to comply with the requirements of this subsection after having been given 67 notice pursuant to subsection (a) hereof shall be subject to a civil penalty in the amount 68 of fifty dollars ($50.00). Such civil penalty shall be in lieu of all other penalties. 69 70 COMMENT 71 72 There are no substantive changes to this section. It is included for reference only. 73 74 Sec. 16-12.4. - Inspection and certificate required. 75 76 (a) Initial inspection. The code enforcement administrator may, in conjunction 77 with written notification pursuant to section 16-12.3, inspect the dwelling units in the 78 designated rental inspection districts to determine whether the units are used as 79 residential rental property and whether such units are in compliance with the provisions 80 of the Uniform Statewide Building Code that affect the safe, decent and sanitary living 81 conditions for the tenants of such property. 82 83 (b) Periodic inspections. Following the initial inspection of a residential rental 84 dwelling unit, the code enforcement administrator may inspect any residential rental 85 dwelling unit in a rental inspection district that is not otherwise exempted a maximum of 86 once per calendar year. 87 88 (c) Follow-up inspections Upon the initial or periodic inspection of a 89 residential rental dwelling unit, the code enforcement administrator may require the 90 owner of the dwelling unit to submit to such follow-up inspections of the dwelling unit as 91 the code enforcement administrator deems necessary, until such time as the dwelling 92 unit is brought into compliance with the provisions of the Uniform Statewide Building 93 Code that affect the safe, decent and sanitary living conditions for the tenants. 94 95 (d) Certificate All residential rental dwellinq units located within the 96 residential rental districts established bv Citv Council shall be reauired to obtain a 97 certificate indicatinq that the residential rental dwellinq unit is in compliance with the 98 requirements of this ordinance and the Uniform Statewide Buildinq Code. 99 100 COMMENT 101 102 The addition of paragraph (d) adds clarification that a certificate is required for all residential 103 rental properties in the district. 104 105 .... 106 107 Sec. 16-12.9. - Violation; penalty. 108 109 Except as provided in section 16 12.4 16-12.3, any person failing to comply with 110 the requirements of this article shall be subject to the penalties established in section 111 16-11, provided, however, that the code enforcement administrator may take such 112 further and additional action as is allowed by law in order to obtain compliance with the 113 requirements of this article. 114 115 COMMENT 116 117 This amendment corrects a typo that should have read section 16-12.3 where the penalty for 118 noncompliance with registering rental properties is a$50 fine. The violation for not getting a 119 certificate should be found in section 16-11. Adopted by the City Council of the City of Virginia Beach, Virginia, on this gth day of MaY , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 ^ ° 1 r: J? Hou?i antl eighborhood c; J c / City Attorney's Office CA12213 R-3 March 26, 2012 1 AN ORDINANCE TO AMEND SECTION 23-58 2 OF THE CITY CODE PERTAINING TO 3 COMMERCIAL PARKING LOTS 4 5 SECTION AMENDED: § 23-58 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-58 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 23-58. - Commercial parking lots. 14 (a) For purposes of this section, the term commercial parking lot means any lot, 15 or portion thereof, used for the parking of motor vehicles for a fee or other 16 consideration, but not including parking garages or similar structures. The provisions of 17 this section shall apply to all commercial parking lots located in any Resort Tourist 18 Zoning District. 19 (b) It shall be unlawful and a misdemeanor punishable by a fine of not less than 20 one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for any 21 person, firm, corporation or other entity to operate a commercial parking lot in violation 22 of any of the provisions of this section. Each day that a violation continues shall 23 constitute a separate offense. In addition to any fine imposed hereunder, and not in lieu 24 thereof, the continuing violation of any of the provisions of this section may be enjoined 25 or restrained by injunction. 26 (c) Application for a permit required by this section shall be made to the city 27 manager or his designee. Each application shall set forth the name and address of the 28 applicant and, if different, the name and address of the owner of the property upon 29 which the proposed commercial parking lot is to be located, and shall be accompanied 30 by: 31 (1) A nonrefundable fee of one hundred dollars ($100.00); 32 (2) An approved site plan prepared in accordance with the Site Plan Ordinance 33 and showing all elements required by this section; and 34 (3) A sign plan showing the design, size, color and materials of all signs to be 35 located on the lot. 36 (d) Upon approval of an application, the permittee shall be issued a self-adhesive 37 sticker which shall serve as the permit and shall be affixed to one (1) of the entrance 38 signs required by subsection (i) of this section. 39 (e) It shall be a condition of every permit issued hereunder that the city or its 40 agents shall have the authority to enter upon the commercial parking lot and perform 41 any acts required to bring the property into compliance with the provisions of this 42 section in the event the owner or operator, after being given notice of, and a reasonable 43 opportunity to correct, any condition of noncompliance shall fail to do so. 44 (fl Commercial parking lots shall at all times, whether or not they are in operation: 45 (1) Have a paved surface, inclusive of all drive aisles, which meets the 46 requirements of the Specifications and Standards of the Department of Public 47 Works and the Site Plan Ordinance; provided, that any commercial parking lot in 48 operation as of July 1, 2002 shall not be required to provide curbing so long as 49 wheel stops composed of concrete or asphalt are provided and maintained in good 50 condition and repair at all times; 51 (2) Contain perimeter landscaping meeting the requirements of section 5A of the 52 Parking Lot Landscaping Specifications and Standards where adjacent to any 53 public right-of-way or other publicly-owned property. The perimeter may also be 54 enclosed by fencing meeting the requirements for fences set forth in section 201(e) 55 of the City Zoning Ordinance; provided, however, that such fencing shall not 56 exceed four (4) feet in height and shall consist of materials, such as black vinyl- 57 coated chain link, white vinyl picket or black wrought iron, which are generally 58 recognized within the industry as maintenance-free. Wood split-rail fences shall not 59 be permitted. Such fencing and landscaping shall at all times be maintained in 60 good condition and repair; 61 (3) Where such lot is greater than twenty-four thousand (24,000) square feet in 62 area, contain additional landscaping, which may consist of city-approved plant 63 containers, located at the end of all parking aisles not adjacent to a public right-of- 64 way or other publicly-owned property and which shall be maintained in good 65 condition and repair at all times; 66 (4) Be secured at all points of ingress and egress by a gate, consisting of 67 materials, such as black vinyl-coated chain link, white vinyl picket or black wrought 68 iron, which are generally recognized within the industry as maintenance-free, 69 except during hours of operation; 70 (5) Contain no less than one (1) trash receptacle, plainly visible and marked as 71 such, for every three thousand five hundred (3,500) square feet of lot area or 72 fraction thereof; 73 (6) Have upon the premises, from dusk until 74 one-half hour after closing or until the last vehicle has exited the lot, whichever is 75 earlier, at least one (1) attendant. If any type of shelter is provided for attendants, 76 such shelter shall at all times be maintained in good condition and repair; 77 (7) Be maintained in a clean and orderly condition at all times. All trash 78 receptacles shall be emptied and the contents thereof properly disposed of at the 79 close of operation daily and at such other times as receptacles become full; and 80 (8) Be in compliance with all other applicable requirements of federal, state and 81 local law including, without limitation, the handicapped parking space requirements 82 of the Americans With Disabilities Act. 83 (g) Notwithstanding the provisions of any other ordinance or regulation, 84 commercial parking lots shall have one (1) sign, not exceeding nine (9) square feet in 85 surface area per face, at each principal entrance. Each entrance sign shall contain the 86 name of the establishment, if any, and times of operation and shall otherwise comply 87 with all applicable city sign regulations and specifications for public signs in the Resort 88 Area. Entrance signs may contain removable numbers for purposes of displaying rates. 89 The square footage of such entrance signs shall not be counted against the maximum 90 square footage allowed for commercial signs under the City Zoning Ordinance. 91 (h) Commercial parking lots shall be subject to inspection by the city manager or 92 his designee for purposes of determining compliance with the provisions of this section, 93 and no person shall obstruct or interfere with such personnel as are authorized by the 94 city manager to enforce this section in the lawful discharge of their duties. 95 (i) During the period from April 1 to September 30, inclusive, except where a 96 commercial parking lot is accessory to a business which remains open after 2:00 a.m., 97 is used solely by patrons of such business, and is supervised by the operator of such 98 business, no vehicle shall be permitted to enter any commercial parking lot after 2:00 99 a.m. . All such lots shall be secured at all points of ingress and egress, as required by 100 subdivision (3) of subsection (f) hereof, by no later than 2:30 a.m. and shall remain 101 closed until no earlier than 5:00 a.m. 102 (j) The provisions of this section shall be deemed to be severable, and if any of 103 the provisions hereof are adjudged to be invalid or unenforceable, the remainder of this 104 section shall remain in full force and effect and its validity shall remain unimpaired. 105 (k) The city manager or his designee is authorized, upon application by the owner 106 of a commercial parking lot, to grant a variance from the provisions of this section when: 107 (1) Strict application of the provisions of this section will effectively prohibit or 108 unreasonably restrict the use of the property. For purposes of this section, it shall 109 be presumed that the loss of ten (10) percent or more of existing parking spaces 110 meeting the dimensional requirements of section 203 of the City Zoning Ordinance 111 by reason of the application of the landscaping requirements set forth in subsection 112 (fl(2) of this section shall constitute an unreasonable restriction upon the use of the 113 property; or 114 (2) The granting of such variance will alleviate a clearly demonstrable hardship 115 approaching confiscation, as distinguished from a special privilege. 116 In granting a variance, the city manager or his designee may impose such conditions as 117 may be necessary in the public interest; provided, however, that the city manager or his 118 designee shall not grant a variance from any condition or requirement of a conditional 119 use permit granted by the city council. 120 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th day of May 12012. APPROVED AS TO CONTENT 1'e e? Strategic Growth Area Office APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12245 R-1 April 2, 2012 -29- Item -V-I.3 ORDINANCES/RESOLUTIONS ITEM #61857 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, Ciry Council ADOPTED, BY CONSENT.• Ordinances to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement to Barry D. and Paula W. Knight in the amount of $184, 652 at Head of River Road Tjoting: 9-1 (By Consent) Council Members Tjoting 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 Yoting Nay: John D. Moss Council Members Absent: None Council Members Abstaining: William R. "Bill " DeSteph May 8, 2012 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $184,652. (PROPERTY OF BARRY D. KNIGHT AND PAULA 6 W. KNIGHT) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $184,652; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 2.0500% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.0500% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 May Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of 65 , 2012. 219 kkvbgov.comXDF5 1 \Applications\CityLawProd\cycom32\Wpdocs\D019\P012\00015923.DOC R-1 DATE: April 23, 2012 APPROVED AS TO CONTENT: ? Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: ?r - Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2011-120 SUMMARY OF MATERIAL TERMS SELLER: KNIGHT, Barry D. and KNIGHT, Paula W. PROPERTY LOCATION: North Side of Head of River Road, Princess Anne District PURCHASE PRICE: $184,652 EASEMENT AREA: 27.56 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.0500% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.0500% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. -1-i Jc: ? ? ? Ca ? Ca n 06 ? ? ? C? m V ? ? ? U C6 (D LO . ti N ?o Cu O ry ? ? > ry 4- O ? C? ? ? 4- co o Q ?i ? a? U ? U -30- Item -VII-I.4 ORDINANCES/RESOL UTIONS ITEM #61858 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the Ciry Manager to EXECUTE a Lease with renewal options between CBM Company t/a Schooner Inn and the City for property at 2"d Street and Atlantic Avenue Yoting: 9-1 (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., Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Mernbers Absent: None Council Members Abstaining: John E. Uhrin May 8, 2012 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE (1) 3 YEAR, WITH FOUR (4) ONE-YEAR RENEWAL 4 OPTIONS, FOR CITY-OWNED PROPERTY 5 LOCATED AT THE INTERSECTION OF 2ND STREET 6 AND ATLANTIC AVENUE 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two (2) 9 parcels of land totaling approximately 15,000 sq. ft. (0.34 acre), located at the lo intersection of 2"d Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427-31- 11 3918) (collectively, the "Property"); 12 13 WHEREAS, C.B.M. Co. (t/a Schooner Inn), a Virginia corporation 14 ("Schooner") has leased the Property from the City since 2007, and desires to 15 continue leasing the Property; 16 17 WHEREAS, Schooner desires to enter into a new lease agreement for the 1$ Property for a term of one (1) year, with four (4) one-year renewal options; 19 20 WHEREAS, Schooner has agreed to pay the City $2,532 per month ($30,384 21 annually) for the use of the Property for the initial term, with a three percent (3%) 22 escalation each year thereafter; and 23 24 WHEREAS, the Property would continue to be utilized for hotel guest parking, 25 and may be sublet only with the written consent of the City. 26 27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for the term of 31 one (1) year, with four (4) one-year renewal options, between C.B.M. Co. (t/a 32 Schooner Inn) and the City for the Property in accordance with the Summary of 33 Terms attached hereto, and made a part hereof, and such other terms, conditions or 34 modifications deemed necessary and sufficient by the City Manager and in a form 35 deemed satisfactory by the City Attorney. 36 37 Ad?opted by the Council of the City of Virginia Beach, Virginia on the 8th 38 day of y 12012. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney Public W rks / Fa ities Management CA12139 \\vbgov.com\DFS1 \,4pplications\CityLawProd\cycom32\W pdocs\D031 \P006\00004471. DOC R-1 April 24, 2012 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT 2ND STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City") LESSEE: C.B.M. Co. (t/a Schooner Inn) PREMISES: Approximately 15,000 sq. ft. (0.34 acre) of City-owned property located at the intersection of 2nd Street and Atlantic Avenue. TERM: May 1, 2012 through April 30, 2013, with four (4) one-year renewal options (the "Term"). RENT: $2,532 per month ($30,384 annually) for the first year and escalated by three percent (3%) each year thereafter. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for registered guests of Schooner Inn; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. . Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. . The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: 0 The City may terminate the Lease for any reason upon ninety (90) days' written notice. - Z , V• I ? , ? 0 f ¦ ? ¦ ¦ ?? ? ? ?? ? ? ¦ IL E .... CO 1 ? ?x . ..... ?. I ¦ • ¦ ? ??? . .. .... Q ' ?I ?t M ? ? m i a O O M M ^ ? VI cn M ? 0 L a ta/f m J I? N N Z M ' N N ? a c v gg, ? . _....-? , -'?' •, ? ?.? ?? . ? ' - _ -- ....... . ..?.« ?.r * ; ? ?? ? -..?_.?.?•?-.". 1 11 Av: , 9.Q '� City of Viriiiia Beach2 2 O . 'p'( 0 S OF OUR NN-co`.'5 VBgov.com JOHN E.UHRIN PHONE. (757)491-9388 COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM In Reply Refer to 0046682 May 8, 2012 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Fraser: Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on a portion of an ordinance authorizing the City Manager to execute a lease for City-owned property located at the intersection of 2° Street and Atlantic Avenue. 2. I have a personal interest in this transaction because I am an employee of C.B.M., Co., which is located at 215 Atlantic Avenue in Virginia Beach, and C.B.M., Co. is the proposed lessee. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 515 DELAWARE AVENUE,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- May 8, 2012 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Since-:ly, 1) Jo E. Uhrin ouncilmember JEU/RRI -31- Item -V-I.S ORDINANCES/RESOL UTIONS ITEM #6I859 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to SUPPORT an application to the ViYginia Department of Conservation and Recreation for a Recreational Trails Program Grant in the amount of $189,400 re acquisition at the Lake Lawson/Lake Smith Natural Area Voting: 11-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent. None May 8, 2012 1 A RESOLUTION IN SUPPORT OF A GRANT 2 APPLICATION TO THE VIRGINIA DEPARTMENT OF 3 CONSERVATION AND RECREATION FOR A 4 RECREATIONAL TRAILS PROGRAM GRANT 5 6 WHEREAS, a system of trails provides recreational opportunities that enhance 7 the general health and welfare of the citizens of the City of Virginia Beach; and 8 9 WHEREAS, the Virginia Beach Department of Parks and Recreation has 10 identified a possible site for a recreational trail in the Lake Lawson / Lake Smith Natural 11 Area; and 12 13 WHEREAS, the Virginia Department of Conservation and Recreation administers 14 state and federal program funds through the Virginia Recreational Trails Program; and 15 16 WHEREAS, any approved Recreational Trails program must comply with 17 applicable federal and state laws, including the National Environmental Policy Act 18 ("NEPA"), the Endangered Species Act, and the Historic Preservation Act; and 19 20 WHEREAS, the Recreational Trails Program provides grants of not less than 21 $25,000 and no more than $200,000, which are administered as reimbursement for 22 project purchases; and 23 24 WHEREAS, the Recreational Trails Program requires grant recipients to provide 25 local funding of at least 20% of project costs and a commitment that the project be 26 completed within three years of the grant award; and 27 28 WHEREAS, as required by NEPA, a public comment period for this project was 29 completed as part of the master planning process in November 2009 and February 30 2010; and 31 32 WHEREAS, if the grant application is approved, the required local match would 33 be provided by funds in CIP #4-306, "Open Space Park Development and Maintenance, 34 Phase 2." 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA, THAT: 38 39 1. The Council of the City of Virginia Beach supports an application to the Virginia 40 Department of Conservation and Recreation for the development of a trails 41 project in the Lake Lawson / Lake Smith Natural Area. 42 43 2. The Council of the City of Virginia Beach acknowledges that if the grant 44 application is approved, the project will require local funding of 20% of project 45 costs and a commitment that the project be completed within three years of the 46 grant award. 47 t 48 3. The City Manager or his authorized designee is authorized to enter into an 49 agreement on behalf of the City in furtherance of the purpose of this Resolution 50 after review of such agreement for legal sufficiency by the Office of the City 51 Attorney. 52 53 Adopted by the City Council of the City of Virginia Beach, Virginia, this 8th 54 day of May , 2012. APPROVED AS/TO CONTENT: Parks on APPROVED AS TO LEGAL SUFFICIENCY: ? . Cit or 's Office APPROVED AS TO CONTENT: ? anage nt rvices CA12254 R-1 April 12, 2012 ? -?, r'? : ?? ? ?"? ? 'L?? :?` ??1 ?, 1, i?;??` .f'?? , .Y Ii ? 4 ,1 . .? ?, i ;< ??? $? s : ;..? -32- Item -V-I.6 ORDWANCES/RESOL UTIONS ITEM #61860 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE: a. $60,193 Grant from the Department of Housing and Urban Development (HUD) to the FY 2012 Budget of Housing and Neighborhood Preservation re Emergency Homeless Assistance b. $606,500 from the School Site Landscaping to the FY 2012 Budget of Parks and Recreation: 1) Playground safety improvements at ten (10) sites $151,500 2) Relocate and replace playground and equipment at Cooke Elementary $ 50, 000 3) Replace basketball equipment at various locations $ 50,000 4) Drainage dnd pond shoreline reconstruction at Larkspur Middle School $330, 000 c. TRANSFER $197, 668 from the Reserve for Contingencies to the General Registrar's FY2011-12 Budget re the Republican Party Primary Senatorial Election Voting.• 11-0 (By Consent) Council Members Yoting Aye. Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay. None Council Members Absent: None May 8, 2012 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 TO THE FY 2012 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR EMERGENCY HOMELESS ASSISTANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $60,193 is hereby accepted from the U.S. Department of Housing and Urban Development and appropriated, with federal revenues increased accordingly, to the FY 2012 Operating Budget of the Department of Housing and Neighborhood Preservation to provide assistance for the homeless population and those that are in danger of becoming homeless; and 2. That the Department of Housing and Neighborhood Preservation shall provide the required documentation for the local match as needed and appropriate under federal regulations. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of May , 2012. Requires an affirmative vote of a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA12258 R-2 May 2, 2012 APPROVED AS TO LEGAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE $606,500 IN FUND BALANCE FROM THE SCHOOL SITE LANDSCAPING INTERNAL SERVICE FUND TO THE FY 2012 OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $606,500 in fund balance from the School Site Landscaping Internal Service Fund is hereby appropriated, with local revenue increased accordingly, to the FY 2012 Operating Budget of the Department of Parks and Recreation to fund one-time expenses approved by the School Administration. Adopted by the Council of the City of Virginia Beach, Virginia on the gth day of May , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: r City' to ce CA12255 R-1 April 17, 2012 r IRGlN1A BEACH CITY PUBLIC SCHOOLS A H E A D 0 F T H E C U R V E Dale R. Holt Assistant Superintendent Administrat?ve Support Services RECV RAR 8 o MEMORANDUM TO: Frank Fentress, Administrator Landscape Managernent ' ? FROM: Daie R. Holt, Assistant Superintendent Department of Adrninistrative Support Services SUBJECT: 613 Internal Service Fund Net Assets for FY 2011-12 DATE: March 27, 2012 We authorized the amount of $606,500 in the 613 Intemal Service Fund for the replacement of equzpment, playground replacement and surfacing removal. We support the use of the Internal Sezvice Fund Net Assets for these projects and we ask that you proceed to transfer the funds. Please contact me should you have any questions and/or concerns. cc: Dx. Sheila S. Magula, Deputy Superintendent Farrell E. Hanzaker, Chief Financial Officez . INTER-UFFICE MEMORANDUM DATE: Novernber 10, 2011 VBgovxom 4141 DAV NECK ROnD VIRGWIA BEACH, VA 23456-5786 TO: Dale Holt, P,ssistant Superintendent - Virginia Beach City Public Schools FROM: 1' Frank Fentress, Landscape Management Administrator SUBJECT: Use of 613 Internal Service Fund Net Assets for FY 2011-12 As you know, the year-end fund balance for 91049 - Grounds Services accumulates in a 613 Intemal Service Fund account at the end of each fiscal year. The fund balance is made up largely o# salary and fringe benefifs surpluses at the end pf each fiscal year due to employee furnover and entry-level vacancies in Grounds Serviees. We are requesting your approval to use $$19,500 from fhe net assets in the 613 Internal Service Fund to pay for some specific projects and equipment replacements that we cannot afford to do otherwise in FY 11 -12: The specific requests and amounts are Iisted befow: 603407 - Other Contractual Services Playground Safety Improvements - 10 playgrounds @$15,9 50 each - Phase III of a 5-year program for Surfacing RemoVal and Replacement at various school sites - Renovation and rePlacement of Cooke Elementary playground - Basketball s#anchion and backstop replacements at various elementary schoofs - Pond shore?ine reconstruction and site drairtage improvements at Larkspur Middle School 607105 - Repfacement of Motor Vehicles and Epuipment (1) Concrete Grinder to replace Motor Grader#008605 $13,000 (2) Trucks, 17,500 GVW, Crew Cab with Snow Plow $100,000 and Salt Spreader to replace #141316, 141318 $151,500 $50,000 $75,000 $330,000 _? ??? 16 00 $13,000 $200,000 Tatal FY 2011-2012 Net Assets Request $819,500 DEPARTMENT OF PARtCS AND RECREATION LANDSCAPE MANAGEMENT DIVISION 757-385-4461 FAX (757) 427-1895 TDD (757)427-4305 Memorandurn to Dale Holt Page Two November 10, 2011 Below is a brief explanafion of the projects: Phase I of the five-year safety surface replacement program began in 2010. Twenfy-three p(aygrounds at elementary school sifes have been addressed thus far, and two more are scheduled for comp[etion this winfer. Phase il[ addresses 10 more elernenfary school playgrounds. New drainage systems, in addition to removal and replacement of playground base materials and engineered wood fiber, will help ensure that national safe#y standards are met while prolonging the 1'rfe expectancy of the foy structure. ADA accessible walkways are afso being installed with these renovations. • The existing playground at Cooke Elementary School was instailed in 1996. If is a challenge course design and is more suitable for older children and adufts. Renovating the play area and replacing the existing challenge course components with an age-appropriate playground toy will provide a safer, more valuabie, ADA accessible play experience for the younger s#udents. o Basketbalf stanchion refurbishment and replacements, mostly a# elementary schoo{s, have besn complete<i as needed each year to ensure that aging structures are structurally saund. However, due fo encapsulated lead paint; advancing rust concerns and metal failure, yearly upkeep is becoming increasingly chalfenging. Grounds Services/ Landscape Management is able fo fund a portion of the complete replacements; however, additionaf fund'ing is required to replace basketbafl stanchions and backstops in order fo remain compliant with safety standards. . As supported by an Existing Drainage Study perFormed by Kimley-Horn in 201 0, the sformwater managerrrent pond af Larkspur Middle School is highly eraded from wave action, and there are two flooding areas, one in thie east parking iot, and one at the main student entry sidewalk far the building. The recommendatiflns made by Kifnley-Horn included an estimate of $330,000 for design and construction to correcf fihese drainage issues. Reconstruction of #he pond. shorelines and estabtishment of better vegetafion will a[so help alleviate'an ongo'ing problem with geese at this site. • All vehicles and equipment listed have met mileage and service requi'rements established by the City's Fleet Management Division for replacement and are essential to our operafion. Funding -will. reduce repair costs, minimize downtime, and help to ensure effaetive service delivery. As noted previously, we are recommending thatfunding be utilized from the 613 Internal Servic.e Fund. In lieu of lnternal Service funding, the alternatives are either delaying these projec#s and replacements unti[ they can be funded through the normal budget process or that no funding at alf be provided to fund these projects. We fieel that these two alternatives, especially providing no funding, will result in deficiencies at. a number of school sites. 1Ne have also proposed some of the safety improvements previously in the budget process, but due to competing priorifies have been unable fo secure funding. We look forward to your favorable response. Please feel free to contact me should you need more information or clarification to evaluate these requests. FLF/jfb cc: Steve Johnston Christina Uperti David Walker Paul Harris 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TRANSFERRING FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2012 OPERATING BUDGET OF THE GENERAL REGISTRAR FOR THE REPUBLICAN PARTY PRIMARY SENATORIAL ELECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $197,668 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the General Registrar to fund the June 2012 Republican Party Primary Senatorial Election. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of May , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: GL t Management Services , City Attorney's Office CA12256 R-1 April 24, 2012 -33- Itenz -V-J PLANNING 1. OCEANRENTAL PROPERTIES, LLC 2. B.C. INVESTMENTS, LLC/ RCC SALEM LAKES II, LLC and SALEMLAKESII, LLC 3. BILLY W. CHAPLAIN ITEM #61861 4. CORNERSTONE BILLBE CHURCH, INC./ ICROLL ENTERPRISES 5. SENTARA HOSPITALS AND MPB, INC. 6. CITY OF VIRGINIA BEACH ENCLARGEMENT OF NON- CONFORMING USE MOFIFICATION OF PROFFERS CONDITIONAL USE PERMIT MODIFICATION OF PROFFERS CONDITIONAL IISE PERMIT CONDITIONAL IISE PERMIT CHANGE OF ZONING STREET CLOSURE May 8, 2012 -34- Itent -V-J PLANNING ITEM #61862 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, S and 6 of the PLANNING BY CONSENT AGENDA. Yoting: 11-0 (By Consent) Coitncil Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None May 8, 2012 -35- Item -V-J.1 PLANNING ITEM #6I863 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT Application of OCEAN RENTAL PROPERTIES, LLC, for an Enlargement of a Non-ConforminQ Use to allow two single family dwellings at 403 1e Street (DISTRICT 6 BEACH) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of OCEANRENTAL PROPERTIES, LLC, for an Enlargement of a Non-Conforming Use to allow two single family dwellings at 403 16" Street (GPIN2427069675) DISTRICT 6 BEACH The following conditions shall be required: The site shall be developed substantially in conformance with the submitted "NON-CONFORMING USE EXHIBIT FOR OCEAN RENTAL PROPERTIES, LLC 4403 16TH STREET ", dated February 2, 2012, and prepared by WPL Landscape Architects/Land Surveyors/Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed dwellings shall be constructed substantially in conformance with the submitted elevations "403 16th Street Front Unit and 403 16th Street Rear Unit ". Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Building materials shall consist of fiber-cement board siding, vinyl lap and shake siding and architectural-grade roofing shingles. Brick skirting shall cover the foundation. The windows, doors, railing and columns shall be vinyl clad. Building colors shall be neutral tones of grays, browns, beige, cream and white. 4. The existing Crape Myrtle trees between the sidewalk and the roadway shall be protected during construction. The easternmost Crape Myrtle may be removed to allow installation of the driveway. The applicant shall plant a Crape Myrtle in the front yard of the proposed front dwelling unit as replacement. 5. All yard areas that are not covered with impervious area shall be landscaped with grass, shrubs and trees. The HVAC units shall be screened from view with landscaping or fencing. 6. The driveways for the proposed units shall be pervious pavers or drive strips. The vehicle parking area for the proposed rear dwelling unit shall be pavers. May 8, 2012 -36- Item -V-J.1 PLANNING ITEM #6I863(Coiztinued) 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 Eighth day of May, Two Thousand Twelve Yoting: I1-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None May 8, 2012 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 403 16T" STREET 4 5 WHEREAS, Ocean Rental Properties, LLC, (hereinafter the "Applicants") have 6 made application to the City Council for authorization to enlarge a nonconforming use 7 located at 403 16t" Street in the A-12 Apartment District by demolishing and 8 reconstructing two single-family dwellings on the same lot; and 9 10 WHEREAS, this lot originally contained two dwelling units; a single family 11 dwelling and a duplex. However, the duplex unit was destroyed, and City Council 12 passed a resolution allowing for the reconstruction of the duplex as a single-family 13 dwelling. At this time, the applicants request the ability to demolish the current single- 14 family dwelling and develop the site with two (2) single-family dwellings. Currently 15 single-family dwellings are not allowed in the A-12 Apartment District. The single-family 16 dwelling is nonconforming as it was built prior to the adoption of the applicable zoning 17 regulations; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as 22 reconstructed, will be equally appropriate or more appropriate to the zoning district than 23 is the existing use; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use, as reconstructed, will 29 be equally appropriate to the district as is the existing nonconforming use under the 30 conditions of approval set forth hereinbelow. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the reconstruction of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. The site shall be developed substantially in conformance with the submitted 39 "NON-CONFORMING USE EXHIBIT FOR OCEAN RENTAL PROPERTIES, 40 LLC #403 16T" STREET", dated February 2, 2012, and prepared by WPL 41 Landscape Architects/Land Surveyors/Engineers. Said plan has been 42 exhibited to the Virginia Beach City Council and is on file in the Planning 43 Department. 44 45 2. The proposed dwellings shall be constructed substantially in conformance 46 with the submitted elevations "403 16th Street Front Unit and 403 16 t" Street 47 Rear Unit". Said elevations have been exhibited to the Virginia Beach City 48 Council and are on file in the Planning Department. 49 50 3. Building materials shall consist of fiber-cement board siding, vinyl lap and 51 shake siding, and architectural-grade roofing shingles. Brick skirting shall 52 cover the foundation. The windows, doors, railing, and columns shall be vinyl 53 clad. Building colors shall be neutral tones of grays, browns, beige, cream, 54 and white. 55 56 4. The existing Crape Myrtle trees between the sidewalk and the roadway shall 57 be protected during construction. The easternmost Crape Myrtle may be 58 removed to allow installation of the driveway. The applicant shall plant a 59 Crape Myrtle in the front yard of the proposed front dwelling unit as 60 replacement. 61 62 5. All yard areas that are not covered with impervious area shall be landscaped 63 with grass, shrubs and trees. The HVAC units shall be screened from view 64 with landscaping or fencing. 65 66 6. The driveway for the proposed units shall be pervious pavers or drive strips. 67 The vehicle parking area for the proposed rear dwelling unit shall be pavers. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on the gth day 70 of May 12012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . ? ,? Plannin artment City ttorne Office CA12263 R-1 April 27, 2012 -37- Iteni -V-J.2 PLANNING ITEM #61864 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED PROFFERS, BY CONSENT, Application of B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC and SALEM LAKES II, LLC for Modification o Pro ers, and a Conditional Use Permit (Approved by City Council October 27, 1998) re mini- and self-storage, at Salem Road and Salem Lakes Blvd. (DISTRICT 1-CENTERVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC and SALEM LAKES II, LLC for Modification of Pro ers and a Conditional Use Permit (Approved by City Council October 27, 1998) re mini- and self-storage, at Salem Road and Salem Lakes Blvd (GPIN1475905719) DISTRICT 1-CENTERVILLE The following conditions shall be required: An Agreement encompassing MODIFIED proffers shall be recorded with the Clerk of Circuit Court Conditional Use Permit CONDITIONS ADDED BY PLANNING COMMISSION ACTION ONAPRIL 11, 2012 The outdoor storage area shall only be used for storing licensed and operable motor homes / recreational vehicles (RV's), watercraft, trailers, and motor vehicles. No construction equipment, dump trucks, towed vehicles or materials of any kind shall be permitted to be stored within the area. 2. The outdoor storage yard shall be enclosed by the two types of fencing, the eastern wall of the storage building, and the gate, as depicted and described on the "Zoning & Condition Use Exhibit for Salem Road Self Storage " prepared by Kellam Gerwitz, dated 1130112. 3. The landscape screening and tree preservation depicted on the Plan referenced in Condition 2 shall be installed substantially as depicted and described on said Plan and shall be maintained in good condition and health at all times. 4. A Photometric Plan shall be submitted for review during detailed Site Plan review. The Plan shall include the location of all poles and building mounted lighting fixtures, and the listing of lamp type, wattage and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan shall include provisions for implementing low-level security lighting for non-business hours. Lighting on the northern side of the property is of particular concern due to the adjacent residential areas. The lighting proposed for that side of the building shall not be installed until approved by the Department of Planning / Current Planning. May 8, 2012 -38- Itenz -V-J.2 PLANNING ITEM #61864(Continued) 5. The hours of operation for the self-storage and the outdoor storage aYea shall be 7: 00 a.m. to 8: 00 p.m. 6 The applicant shall install security cameYas that provide surveillance of the outdoor stoYage area. 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 Eighth day of May, Two Thousand Twelve Voting.• 11-0 (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, John D. Moss, MayoY William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 8, 2012 -39- Item -V-J.3 PLANNING ITEM #61865 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED PROFFER NO. 1 AND CONDITIONED, BY CONSENT, Application of BILLY W. CHAPLAIN, foY Modi ication o Pro er No.l and Modi ication of Condition No 7 of a Conditional Use Permit for Bulk Stor-age (approved by City Council August 14, 2001) and a new Conditional Use Permit for Automobile and Small Engine Repair at 849 and 853 Virginia Beach Boulevard (DISTRICT 6-BEACH) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BILLY W. CHAPLAIN, for Modi acation of 1'roffer No.l and Modification of Condition No 7 of a Conditional Use PeYmit or Bulk Storage (approved by City Council August 14, 2001) and a new Conditional Use Permit for Automobile and Small Engine Repair at 849 and 853 Virginia Beach Boulevard (GPIN24I7862074) DISTRICT 6- BEACH The following conditions shall be required: An Agreement encompassing the MODIFIED proffers shall be recorded with the Clerk of Circuit Court MODIFICATION OF CONDITIONS OF CURRENT 2001 LISE PERMIT All conditions with the exception of Number 7 attached to the Conditional Use Permit granted by the City Council on August 14, 2001, shall remain in effect. 8. Condition Number 7 of the August 14, 2001, Conditional Use Permit is deleted and replaced with the following: "This Conditional Use Permit is valid for five (5) years from the date of Ciry Council's approval or when one of the following occurs prior to the end of the five (S) year term: a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; b. The land use on the adjacent property to the south changes to something other than a residential trailer park. If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of Virginia Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner CONDITIONS OF NEW IISE PERMIT Parking for employees shall be met behind the building not in the parking areas adjacent to Virginia Beach Boulevard and Washington Avenue. The area shall be improved with curb, gutter, and pavement. The applicant may request a deferral of on-site improvements; however, in the minimum, the parking area shall be improved with gravel and some means of delineation of the parking area. May 8, 2012 -40- Itent -V-J.3 PLANNING ITEM #6I865(Continued) 2. Vehicles shall not maneuver directly (back out) into Virginia Beach Boulevard from the automotive repair bay. 3. All repair work shall be performed inside the building. 4. There shall be no outside storage of vehicles in a state of obvious disrepaiY. If vehicles in this condition require storage, then such vehicles shall be stored inside the building. 5. All wrecked, junked and inoperative vehicles, debris, engine parts and old tires shall be removed from the automotive / bulk storage area on the site. 6 Tires and rims for sale shall not be displayed outside of the building. 7. All used tires shall be stored in an area which is not visible from any adjoining property or right-of-way and maintained in a mosquito free environment. There shall be no more than 30 used tires stored on the site at any time. 8. All signage on the site shall conform to the requirements of the Ciry Zoning Ordinance. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, light poles or any other portions of the site. There shall not be pennants, ribbons, streamers, spinners, strings of light bulbs, electronic display signs or other similar moving devices. 9. Category One (1) landscape screening shall be installed along the eastern and southern property lines (particularly adjacent to the existing mobile home located to the south of the property). This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, ViYginia, on the Eighth day of May, Two Thousand Twelve May 8, 2012 -41- Item -V-J.3 PLANNING ITEM #61865(Continued) Voting: I1-0 (By Consent) Council Members TTOting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None May 8, 2012 -42- Item -V-J.4 PLANNING ITEM #61866 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CORNERSTONE BIBLE CHURCH, INC/KROLL ENTERPRISES for a Conditional Use Permit re a church at 2180 McComas Way (DISTRICT 7 -PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CORNERSTONE BIBLE CHURCH, INC/KROLL ENTERPRISES for a Conditional Use Permit re a church at 2180 McComas Way (GPIN2404977494) DISTRICT 7-PRINCESS ANNE The following conditions shall be required.• 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 for the change of use from the Building Permits Office. 2. There shall be no more than 300 individuals, or the maximum number of individuals approved by the Building and Fire Officials, whichever is less, within the suite at any one time. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Eighth day of May, Two Thousand Twelve Yoting: 11-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None May 8, 2012 -43- Item -V-J.S PLANNING ITEM #61867 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS PROFFERED, BY CONSENT, Application of SENTARA HOSPITALS AND MPB, INC., for a Change of Zoning District Classif cation from A-12 Apartment District and R-1 S Residential District to Conditional 0-2 Office District re offices and medical facilities at 800 and 816lndependence Boulevard. (DISTRICT 4-BAYSIDE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of SENTARA HOSPITALS AND MPB, INC., for a Chan e of ZoninQ District Classi acation from A-12 Apartment District and R-15 Residential District to Conditional 0-2 Office District re offices and medical facilities at 800 and 816 Independence Boulevard. (GPINs1478548255 and 1478536832) DISTRICT 4-BAYSIDE An Agreement encompassing proffeYS shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Eighth day ofMay, Two Thousand Twelve Voting: 11-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None May 8, 2012 -44- Item -V-J.6 PLANNING ITEM #61868 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of the CITY OF VIRGINIA BEACH, for a Street Closure re a portion of the right-of-way of Holly Road at the intersection of Laskin Road(DISTRICT 6 BEACH) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of the CITY OF VIRGINIA BEACH, for a Street Closure re a portion of the right-of-way of Holly Road at the intersection of Laskin Road DISTRICT 6 BEACH The following conditions shall be required: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The Plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no pYivate utilities exist within the right- of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of- way proposed for closure. If private utilities do exist, easements satisfactory to the utiliry company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right- of-way this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of May, Two Thousand Twelve. May 8, 2012 Item -V-J.6 PLANNING Voting: I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R Dyer, Barbara M. Henley, Mayor William D. Sessoms James L. Wood Council Members Yoting Nay: None Council Members Absent: None -45- ITEM #61868(Continued) "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and May 8, 2012 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 44 ORDINANCE APPROVING APPLICATION OF THE CITY OF VIRGINIA BEACH FOR THE CLOSURE OF AN UNIMPROVED PORTION OF HOLLY ROAD DISTRICT 6 - BEACH WHEREAS, the City of Virginia Beach (the "City") acquired certain property now comprising a portion of Holly Road in the City of Virginia Beach for right- of-way purposes from Vintage Investment Corporation on April 14, 1994; and WHEREAS, a portion of this right-of-way property (the Right-of-Way Property"), described below, has remained unimproved and is no longer needed by the City for right-of-way or other purposes; and WHEREAS, the City applied to the Council of the City of Virginia Beach, Virginia, to have the Right-of-Way Property discontinued, closed, and vacated; and WHEREAS, the Right-Way-Property is located adjacent to the property known as 408 Laskin Road (GPIN 2418-92-6002) owned by Yardarm Holdings, LLC ("Yardarm"); and WHEREAS, the City needs to acquire additional right-of-way for the Laskin Road Gateway Project Phase 1A (CIP 2-143) from property located to the north of the Right-of-Way Property and identified as GPIN 2418-92-5169, which is also owned by Yardarm; and WHEREAS, the City and Yardarm have entered into an Exchange Agreement dated April 11, 2012 (the "Exchange Agreement") in accordance with the Summary of Terms attached hereto as Exhibit "A" for the City's acquisition of right-of- way from Yardarm (GPIN 2418-82-5169) in exchange for the Right-of-Way Property, subject to the approval of the Council of the City of Virginia Beach; and WHEREAS, it is the judgment of the Council that the Right-of-Way Property be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance, and conveyed to Yardarm as part of a land exchange in accordance with the Exchange Agreement. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: GPIN: City right-of-way no GPIN assigned Adjacent to 2418-92-6002 1 45 46 SECTION I 47 48 That the hereinafter described Right-of-Way Property be discontinued, 49 closed and vacated, subject to certain conditions being met on or before one (1) year 50 from City Council's adoption of this ordinance: 51 52 All that certain piece or parcel of land situate, lying and being 53 in the City of Virginia Beach, Virginia, designated and 54 described as "Hatched Area of R/W To Be Vacated 55 Containing 2,511 Sq. Ft. Or 0.058 Acres" on the "Exhibit 56 Showing a Closure of a Portion of Holly Road", a copy of 57 which is attached hereto as Exhibit B. 58 59 60 SECTION II 61 62 The following conditions must be met on or before one (1) year from City 63 Council's adoption of this ordinance: 64 65 1. The City Attorney's Office will make the final determination regarding 66 ownership of the underlying fee. The purchase price to be paid to the City is normally 67 determined according to the "Policy Regarding Purchase of City's Interest in Streets 68 Pursuant to Street Closures," approved by City Council. Copies of said policy are 69 available in the Planning Department. No purchase price shall be charged to the City in 70 this street closure, however, because the City is both the owner of the underlying fee 71 and the Applicant seeking this street closure. 72 73 2. The City shall re-subdivide the property and vacate internal lot lines to 74 incorporate the closed area into the adjoining parcel, known as 408 Laskin Road GPIN 75 2418-92-6002. The plat must be submitted and approved for recordation prior to final 76 street closure approval. 77 78 3. The City shall verify that no private utilities or existing public 79 improvements exist within the right-of-way proposed for closure. Preliminary comments 80 from the utility companies indicate that there are no private utilities within the right-of- 81 way proposed for closure. If private utilities or public improvements do exist, easements 82 satisfactory to the utility company and the City must be provided. 83 84 4. Closure of the right-of-way shall be contingent upon compliance with 85 the above stated conditions within one (1) year of approval by City Council. If all 86 conditions noted above are not in compliance and the final plat is not approved within 87 one (1) year of the City Council vote to close the street, this approval will be considered 88 null and void. 2 89 90 5. The City shall not record the resubdivision plat unless and until the City 91 and Yardarm have executed the Exchange Agreement for the property interests needed 92 from Yardarm and the City and Yardarm are ready, willing and able to close on the 93 transaction. 94 95 96 SECTION III 97 98 1. If the preceding conditions are not fulfilled on or before May 9, 2013, 99 this Ordinance will be deemed null and void without further action by the City Council. 100 101 2. If all conditions are met on or before May 9, 2013, the date of final 102 closure is the date the street closure ordinance is recorded by the City Attorney. 103 104 3. The City Manager or his designee is authorized to execute whatever 105 documents are necessary to convey the City's interest in the underlying fee to Yardarm 106 in accordance with the Exchange Agreement, provided said documents are approved 107 by the City Attorney's Office. 108 109 SECTION IV 110 111 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 112 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 113 OF VIRGINIA BEACH as "Grantor" and "Grantee." 114 115 Adopted by the Council of the City of Virginia Beach, Virginia, on this 116 8th day of May , 2012. CA11952 R-1 April 20, 2012 APPR VED AS T CONTENT: Planning D partment APPROVED AS TO CONTENT: tfrl-c-Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY: LW104 1?1ht4V-11V City Attorney 3 EXHIBIT A SUMMARY OF TERMS EXCHANGE OF 2,511 SQ. FT. (0.058 ACRE) RIGHT-OF-WAY TO BE VACATED FOR 1,777 SQ. FT. (0.041 ACRE) OF PROPERTY OWNED BY YARDARM HOLDINGS, LLC NEEDED FOR RIGHT-OF-WAY FOR THE LASKIN ROAD GATEWAY PROJECT PARTIES: City of Virginia Beach ("City") Yardarm Holdings, LLC, a Virginia limited liability company ("Yardarm") PUBLIC RIGHT OF WAY TO BE VACATED AND CONVEYED: 2,511 Sq. Ft. (0.058 Acre) of Right-of-Way located at the intersection of Holly Road and Laskin Road, adjacent to 408 Holly Road ("Right-of-Way to Be Vacated") Estimated value of Right-of-Way to Be Vacated and conveyed to Yardarm: $200,880 ($80/s.f.) PROPERTY TO BE ACQUIRED BY CITY FOR ROAD PROJECT: 1,777 Sq. Ft. (0.041 Acre) portion ("Yardarm Property") of lot owned by Yardarm Holdings, LLC (GPIN 2418-92-5169) Appraised value of Yardarm Property to be conveyed to be conveyed to City: $106,620 ($60/s.f.) Estimated value = $142,160 ($80/s.f.) CONDITIONS OF SALE A resubdivision plat prepared by the City vacating the portion of Right-of-Way to Be Vacated will be recorded immediately prior to closing. At closing Yardarm will transfer the Yardarm Property to the City, free and clear of all liens and encumbrances, and the City will transfer the Right-of-Way to be Vacated to Yardarm, subject to all conditions of the Street Closure imposed by City Council. Yardarm will accept the Right-of-way to Be Vacated as total just compensation for the Yardarm Property and damages to the residue, if any. This exchange is subject to approval of City Council vacating the Right-of Way to be Vacated. If Council does not authorize the vacation of the right-of way and conveyance to Yardarm, then the City may acquire the Yardarm Property by a cash payment of $142,160 or through the exercise of condemnation proceedings. i I li I p-l , ,G pV (n N co N O O ? N ? ---'? °o PRG??c N C-D ti O O 0 g E m ?s l sQ? P?? SG c::? ? ---' ? Z- 0 ? PV B?a`' ' - C?3 L ? (D tA 0 0 w N U ?, ? O C ? O r- c s O ? N ? _ O C .n a :E ? W o ? cn ? W W ? ? > ?, CV W ? C'4 00 ? M F-? ? LL. m ? c? ? . CO) LL o? ? 2! ? ? Q W N Q a ? ? o Q Z a? c Z W = Q c W ? U Z ? 0. W 2 O a 0 W ? CL '? a -46- ITEM V-K. APPOINTMENTS ITEM #6I869 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD TOWING ADVISORY BOARD May 8, 2012 -47- Item -V-K APPOINTMENTS ITEM #6I870 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED/APPOINTED: Carolyn S. Garrett Martha McClees 4-Year term 7/1/12-6/30/16 ARTS and HUMANITIES COMMISSION Tjoting.• 11-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 8, 2012 -48- Item -V-K APPOINTMENTS ITEM #61871 Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED: James M. Arnhold Scott Ayers Norynan Carrick Charles Faison, Jr. Charles R. Malbon, Jr. David S. Redmond Stacey Patrick 3-Year term 7/1/12-6/30/1 S BAYFRONT ADVISORY COMISSION Voting: 11-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 8, 2012 -49- Item -V-K APPOINTMENTS ITEM #61872 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Thomas Holland Unexpired term thru 12131114 BOARD OF ZONING APPEALS Voting.• 11-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 8, 2012 -50- Item -V-K APPOINTMENTS ITEM #61873 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Harry E. Diezel Louis R. Jones John E. Uhrin 2 year ter`n 71I112 - 6130114 HAMPTON ROADS PLANNING DISTRICT COMMISSION Voting: 11-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None May 8, 2012 -51- Item -V-K APPOINTMENTS ITEM #61874 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Carla Bailey Linda M. Bright Amma A.N. Guerrier Byron D. Williams 2 year term 611112 - 5131114 MINORITYBUSINESS COUNCIL Tjoting: 11-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 8, 2012 -52- Item -V-K APPOINTMENTS ITEM #61875 Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED: Robert M. Beardsworth Martha McClees 4 year term 711112 - 6130116 SOCIAL SERVICES BOARD Voting.• 11-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 8, 2012 -53- Item -V-K APPOINTMENTS ITEM #6I876 Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED: John E. Uhrin James L. Wood 2 year term 711112 - 6130114 TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS Voting: I1-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 8, 2012 -54- Item -V-O ADJOURNMENT ITEM #61877 Mayor William D. Sessoms DECLARED the Ciry Council Meeting ADJOURNED at 8: 07 P.M. Amanda Finley-Barnes, CMC Deputy City Clerk R h Hodges Fraser, MMC ity Clerk City of Virginia Beach Virginia tfVi'lliam D. Sessoms, Jr. Mayor May 8, 2012 -55- PUBLIC DIALOGUE Chi•istine Ross, 5557 New Colony Drive. Ms. Ross stated she was a former resident of Mayfair Mews ApnYtment Complex. She was saddened, but not surprised, by the recent jet crash. While residing in the complex, the Navy Jets would fly just a few yards above the roof of her rented apartment. While this is a tragic event which just happened, there is an ongoing tragedy that is being ignored by the City and news media. One out of six Americans have died due to abortion which is causing significant economic, social and religious changes. The death toll of the abortion mills in our community is over 100 babies a week. Will Calano, 1728 Baltic Avenue. His condo is located right next to the TLC Canvash. Mr. Calano has requested help from lots of different agencies, Police Department, Planning, etc. The Carwash was there when he moved into his condo. The Carwash installed a blower that is literally 35 feet from his front door and goes off SO to 100 times a day. Mr. Calano is requesting some action regarding this noise issue. Jimmy Frost, 2240 Winden Place. Mr. Frost cofnplemented the Ciry for their work with the plane crash. His stepson got with the Police and is currently housed at the Norfolk City Jail and he uses Light Rail to visit his stepson. A lot has changed in nine (9) years. Mr. Frost talks to people on the train, talks to people about the train and they really like it. Put the Referendum before the voters. Everyone knows it is going to be expensive. The Public Dialogue re Non-Agenda Items concluded at 8:17 P.M. May 8, 2012