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Home My WebLink AboutMAY 13, 2014 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.E., At Large JOHN D.MOSS, At Large AMELIA ROSS-HAMMOND, Kenipsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 13 MAY 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com CITY COUNCIL'S BRIEFING - Conference Room - 1) ARENA BUSINESS and OPERATING ANALYSIS Bill Rhoda, Principal, CSL II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL RECESS TO CLOSED SESSION 4:30 PM 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Walter A. Whitehurst Pastor, Retired C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. April 22, 2014 2. April 29, 2014 3. May 1, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. ARMED FORCES DAY I. PUBLIC HEARING 1. LEASE OF CITY -OWNED PROPERTY Cafe Franchises Seaside Raw Bar - 2014 Atlantic Avenue Pier 14 Boardwalk Cafe - 1401 Atlantic Avenue J. ORDINANCES/RESOLUTIONS 1. Ordinance to APPROPRIATE the Governor's Opportunity Fund Award of $120,000 to Economic Development re incentive for expansion of Prufrex USA, Inc. 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a renewable Lease with the U.S. Coast Guard to maintain a Navigation Light Tower and Navigational Aids on the Rudee Inlet North Jetty 3. Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 1) APPROPRIATE for the Fiscal Year, beginning July 1, 2014 and ending June 30, 2015, $1,830,467,105 for Operations, $498,234,068 for Internal Service and $198,378,330 in Interfund Transfers 2) ESTABLISH the tax levy of Ninety -Three Cents per $100 assessed evaluation on real estate for FY 2015 3) ESTABLISH the tax levy of Four Dollars per $100 assessed evaluation on personal property and machinery and tools for the Calendar Year 2015 4) APPROPRIATE $106,008 to the Reserve for Future Commitment and DECLARE $7 -Million as surplus within the Sandbridge Tax Increment Financing District 5) PROVIDE Certification to the Virginia Retirement System re member contributions by salary reduction 6) IMPLEMENT the 2015 Employee and Retiree Health Insurance Plans 7) AMEND §32.5-2 of the City Code re Equivalent Resident Unit fees to be Forty-three and Three Tenths Cents per day effective July 1, 2014 8) AMEND §12-14.1 of the City Code to increase the Fire Inspection fees to Fifty Dollars 9) AMEND §21-330 of the City Code to increase Resort Area parking fees and penalties and dedicate revenues to implement a Resort Area Parking Strategy 10) AMEND §§28-4 through 28-7, ADD 28-4.1, REPEAL §28-8 re Sewer Capital Recovery Fees, AMEND §§ 37-7.1 and 37-8 through 37-11 and REPEAL §37-12 re Water Capital Recovery Fees 11) AMEND §§ 35-64 and 35-67 of the City Code re Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons by increasing net worth limits 12) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development b. FY 2014-2015 Capital Budget: 1) AUTHORIZE the FY-2015/FY-2020 Capital Improvement Program and APPROPRIATE $280,957,593 subject to funds being provided 2) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $66.4 -Million 3) AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $9 -Million 4) AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $27 -Million 4. Ordinance to DECLINE the V -STOP Grant and replace federal funds with City funds re compensation for a Detective 5. Ordinances to ACCEPT and APPROPRIATE: a. $39,600 from the Department of Homeland Security re deployment of FEMA to the Washington State mudslide b. $210,331 from the State Compensation Board to the Clerk of the Circuit Court's Technology Trust Fund 6. Ordinance to AUTHORIZE acquisition of land on London Bridge Road from The Taylor Group, LP for $935,000 7. Ordinance to GRANT Open Air Cafe franchises: a. Seaside Raw Bar - 2014 Atlantic Avenue b. Pier 14 Boardwalk Cafe - 1401 Atlantic Avenue 8. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: (DISTRICT 5 — LYNNHAVEN) a. GLENN and DENISE SAUCIER at 4325 Lynnville Crescent b. CAMILLE A. and MARIE T. KATTAN at 2333 Leeward Shore Drive (Harbor Canal) 9. Resolution re APPEAL of the Police Chief's decision to deny a Precious Metals Dealer Permit K. PLANNING 1. BRIAN J. DUNDON Variance to Section 4.4(b) of the Subdivision Ordinance re an additional residential lot at 449 Old Great Neck Road DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 2. JAMES E. and BETHANY S. VAUGHAN and ROBERT P. VAUGHAN at 2388 Vaughan Road: DISTRICT 7 —PRINCESS ANNE a. Variance to Section 4.4(d) of the Subdivision Ordinance re creation of a lot with no direct access to a public right-of-way. b. Conditional Use Permit for Alternative Residential Development RECOMMENDATION: APPROVAL 3. GREAT NECK, L.P. and CHANNEL POINTS, LLC for Modification of Condition No. 2 of a Subdivision Variance (approved September 24, 1996) re construction of a residence and pool within the Resource Protection Area at 1903 Channel Points Lane DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 4. R & J PETRO DBA STUDIOS 4 LESS and THE RAMSEY-WHITE COMPANY, L.C. for Modification of Proffer No. 4 to a Change of Zoning (approved December 4, 2013) to motel rooms at 717 South Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 5. ROBIN RAY for enlargement of a Nonconforming Use and renovation of a garage at 5202 and 5204 Ocean Front Avenue DISTRICT 5 — LYNNHAVEN. RECOMMENDATION: APPROVAL 6. C & J INVESTORS, LLC and J & M KELLAM FAMILY PARTNERSHP for Alternative Compliance to the Oceanfront Resort District Form -Based Code to allow erection of detached dwellings at 516 20th Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 7. NOEL GONZALEZ and BIRCHWOOD ASSOCIATES, LLC for a Conditional Use Permit re an event hall at 329 Birchwood Park Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 8. HIF, LLC, HIC, LLC; MACH ONE, LLC for a Conditional Change of Zoning from B-2 to Conditional A-18 re dwelling units at Windsor Oaks Boulevard and Holland Road DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 9. CITY OF VIRGINIA BEACH to AMEND §§211 and 216 of the City Zoning Ordinance re Sponsorship Signs for Public Art Exhibitions on public property DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL I L. APPOINTMENTS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION SOCIAL SERVICES BOARD THE PLANNING COUNCIL TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD WETLANDS BOARD 2040 VISION TO ACTION COMMUNITY COALITION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ************************************* ***************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 5/13/14 st CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITY HOLIDAYS Memorial Day - Monday, May 26 Independence Day - Friday, fitly 4 Labor Day - Monday, September 1 Veterans Day - Tuesday, November 11 Thanksgiving Day and Da), after Thanksgiving — Thursday, November 27 and Friday„ November 28 Christmas Eve (half -dap - Wednesday, December 24 Christmas Day - Thursday, December 25 -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 13, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Informal Session, in the City Council Conference Room, Tuesday, May 13, 2014, at 4:30 P.M Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None May 13, 2014 -2 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 2:00 P.M. Mayor Sessoms introduced and welcomed Bill Rhoda, President, Convention Sports Leisure, International (CSL). Mr. Rhoda expressed appreciation to City Council, Mr. Spore and the entire Staff for their support: City of Virginia Beach LL4 Arena Proposal Evalua9on May 13, 2014 Mr. Rhoda advised he has worked on approximately 1,000 different similar projects. This presentation is to review the proposals received approximately 45 days ago: May 13, 2014 -3 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756. (Continued) The first proposal, USM Team, is a privately financed proposal and covers all phases of development from design, construction to operation: USM Team Overview THE ESG COMPANIES c5\f'st> mat CME Mortenson A COM CLARK •NEXSEN -93 sa er,uwno • Privately financed arena • Covers all phases of development from design, construc?on to opera ?on • Mix of local, na?onal and interna?onal experience • Project team members have designed, constructed and operated hundreds of sports and entertainment venues in the U.S. • Arena Proposal: — Privately financed — $200 million cost — 550,000 square feet — 18,00019,000 total capacity With the USM proposal, the City would provide infrastructure; however, those cost estimates have not been completed at this time: USM Key Assump9ons Cort 5200,000,000 Square footage 550,000 Cost/SF 5364 Capacity Basketball 18,000 Concerts 19,000 PotentialTenant(s) Indoor Football City Contribution Upfront 50 Debt 50 Annual Pent 50 Annual Events 135 Annual Attendance 684,000 Premium Seating Annual Inventory Price Suites 30 535,000 Club Seats 500 5900 Loge Boxes 40 56,000 Party Suites N/A N/A 2 USM assumes financial and opera?onal risk SMG is arena operator 40 year land lease with USM for arena and ancillary development City provides parking, site improvements, special event ameni?es USM receives 1/8 of exis?ng hotel tax revenue and arena admissions/ concessions tax revenue to pay debt service City retains excess tax revenue aRer debt is re?red $10 per person parking/development fee included in ?cket price Future enhancements to support NBA or NHL May 13, 2014 -4 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) The second proposal, W.M. Jordan Team, would be a City -Owned Arena, with Comcast assuming this operational risk. The proposal is to assist the City in obtaining funding from the State. The City would be responsible for capital repairs: W.M. Jordan Team Overview W.M. /(f ((ft PAN 'i H I<S I LLIAMS MULLENr' • City -owned, Global Spectrum operated arena • W.M. Jordan — local design build experience • HKS — na?onal sports facility design experience • Global Spectrum —full service arena operator • Williams Mullen — law firm specializing in public -Ovate partnerships • Arena Proposal: — $12.5 million private contribu?on — $200 million cost — 475,000 square feet — 16,500-19,000 capacity W.M. Jordan Key Assump9ons Cost $200,000,000 Square footage 475,000 Cost/SF $421 Capacity Basketball 16,500 318,000 Concerts 13,500319,000 Potential Tenant(s) AHL franchise City Contribution Upfront 012,500,000 Debt 1150,000,000 Annual Rent 15,000,000 Annual Events 147 Annual Attendance 829,900 Premium Seatine Annual Inventory Price Suites 39 150,000 Club Seats 600 $1,550 Loge Boxes 40 $14,000 Party Suites 2 N/A • 25 year lease with Comcast Spectacor($5MM annual rent) • Comcast assumes opera?onal risk ($12.5MM upfront contribu?on) Will assist the City in seeking $25MM in funding from Commonwealth • City responsible for capital repairs • City receives all parking and hotel tax revenues 4 City retains tax revenues in excess of $5MM Future enhancements to support NBA or NHL May 13, 2014 -5 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) The proposals come down to how the project is funded: Below is the key comparison: Key Assump9on Comparison Cost Square footage Cost/SF Capacity Basketball Concerts Potential Tenant(s) City Contribution Upfront Debt Annual Rent Annual Events AnnualAttendance Premium seatinP Sutes Club Seats Loge Boxes Party Suites Total Revenue Total Expenses NH Income 5200,000,000 Annual 475,000 Price 5421 16,500 418,000 13,500 419,000 AHL franchise 512,500,000 5150,000,000 55,000,000 147 829,900 Inventory 39 550,000 600 51,550 40 514,000 2 N/A 59,476,000 57,652,000 51,824,000 5200,000,000 Annual 550,000 Price 5364 18,000 19,000 Indoor Football 50 50 50 135 684,000 Inventory 30 535,000 500 5900 40 56,000 N/A N/A 58,289,000 56,639,000 51,650,000 May 13, 2014 -6 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) Below is the City's responsibility Comparison: City Responsibility Comparison • • W.M. Jordan Upfront contribu?on of $12.5MM WM Jordan will assist the City in seeking $25MM from Commonwealth of Virginia Coordinate and execute debt issue of $150MM Capital improvement expenditures Parking & Arena Development Fee revenue totals $3.2MM and is dedicated to debt service Annual revenue generated to City: Revenue Source Total Revenue Hotel Tar Revenue $3,010,000 Admovons Tax Arena Development Fag Parkin Revenue City MB Saks Tax 1.404 000 1240000 414,000 State FDD Sales Tax 228,000 Merchandise Sales Tax 129000 'Total $10,026,0001 • City to pay $10,522,621 in annual debt service USM 40 year land lease with USM for arena and ancillary development City provides parking, site improvements, special event ameni?es City to contribute the costs associated with permanent installa?on of ice -related infrastructure. Costs es? mated to not exceed $4.0MM. Reimbursement of annual admission and concessions taxes to USM Parking & Arena Development Fee revenue totals $6.8MM and is dedicated to debt service Contribu?on of 1/8 of exis?ng hotel tax revenue Revenue Source & Beverage Ta Total 602,000 IVn00 57,016,000 Future Enhancements Comparison W.M. Jordan Addi?onal 36,000 sq. R. for locker rooms and prac?ce facility Addi?onal 8 bunker suites and 24 luxury suites for total suite inventory of 64 Poten?al mezzanine level premium space Other poten?al improvements including lobby expansion, more retail/restaurant/club space and addi?onal office space spm • Expandable ameni?es capable of suppor? n g NBA or NHL opera?ons May 13, 2014 I II -7- CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) Below is the Comparable Facilities Summary: Comparable Facili9es Summary Facglty City Year Capacity Total Total Historical Opened Building Historical Cost/SF Square Project Footage Costs 2016 2016 Inflated Inflated Project Cost/SF Costs Jacksonville VM.Mens. Arena Jacksonville 2003 14,091 440,000 5130,000,000 5295 5216,460,000 5492 BOK Center Bon 6ecours Wellness Arena Greenville 1998 14,897 300,000 568,000,000 5227 5137,766,000 5459 WAD. 1wrier Proposed Arena Virginia Beaoh .2016 18,090 475,000:. 5200,000,000 5421 5200,000,000 $421 Wells Fargo Arena Pinnacle Bank Arena USM Proposed Arena AVERAGE )80auding proposals) MEDIAN (excluding proposals) Des Moines Lincoln 2005 16,980 430,000 5117,000,000 5272 5180,116,000 5419 2013 15,147 471,000 5172,348,000 5366 5193,868,000 54 Virginia Beech 2016 18,000 550.000 5200,000,000 5364 5200,000,000. 6364 2005 15,791 441,200 5132,070,000 5302 5199,835,000 $4 2005 15,147 440,000 5130,000,000 5295 5193,868,000 5459 May 13, 2014 -8 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) NBA/NHL Arena Square Footage ARENA LOCATION TOTALSOUARE FOOTAGE V'wan Center!o Wasngrnn C C 1,020._ nm5 5,1 003 .tar'. Conte: # i„ Lo•. p 9•.0.00.1 Crwn0i..6 t 67:000 09F 1 l er:foi 572.000 Amer, Aa linea Center 2. Delian, 77 60.000 „nnudol, NIA 631.535 .nn Squaw. La +S4 New wrl. 175 610003 NOCa Center nom And. CF 800.000 Nanone.Ae Arena Lemma,. OH 60:3000 Feat, 0:runt 71ernpr, Itt 763.500 Tune Warner Cam Arena ST [narrow w N: 760,000 Gell Centre Nant.ca 1. CO 770.000 Oov toNer 0000emonton. AEI 775000 Dee 6 n. MA 0 , 755005 Toyota Cente. - Mounter. IX 750.001 ATV Center San Acmmo 733 751,000 Bearers lire Fn•mnuuae %a00 75(1010. awl (lumaren Loan>Arena .00 C land, Crn 751,00i 5.71110,0rutions Arena ,t. `«a. Lave Gtr. ul 750.000 Brill ono' Arena Nen varre TN 750000 NBA/NHL Arena Square Footage ARENA LOCATION TOTAL SQUARE FOOTAGE 700100 PAC -Arena (rr katerge. Amerman Aeon,Ar. n.. Q .yam. FL 09C 00: 6,01, 0enre 6070 And, Ner gar b-_ eueme a.ar e1Enr a Lret 5.5 rd 3o7 Aetna 9140 Narnc Gra, (A-Arie Ropers Arena 5004 aoank 3340.4. corns AVERAGE elm A r.. OA 06C00_ 674003 330: 70 070.000 6 Q TarantoOntaer, .. snag.. ._. 0x5007 n. CA00,001 rrilr 650 033 land CA cadre- EC 0' 000.00 dal 00: 550 031 5011:0. 47.:000 1RCLAYS CE. 720,140 10 May 13, 2014 4 124 10,9531 -9 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) Comparable Facili9es Event Load Gamily Cooter, Other Tenant Other Graduations Total Total Shows Sporting Even, Everts Even, Attendance Even, 901( Center 16 Wells Fargo Arena 22 lorden Proposed Ar USM Proposed Frena 33 18 22 Bon Secours Wellness Arena 22 Jacksonville Vet Mem. Arena 16 30 5 32 14 12 56 32 37 36 58 11 14 13 110 113476 602 615.683 147 649,900 135 660,000 14 101 106 .000 480,528 [AVERAGE(excludingproposals) 19 17 19 26 70 50 30 20 10 649,900 675 UM 880,83.11 803 Gender cue. lama Mot Memme eaniman me awn "%le"* gatemen. me MU Wells Fargo Arena WM. Medan Propmed 8881 Proposed Arena BIM Senows Wellness Are. lan3senrille Vet. Mem Arena =Mann, Shows 1011•18oreerts -t-Total An enelann 900,000 800,000 700,000 800.000 300,000 200,000 100,000 Both proposals are Public/Private Partnerships. In facilities are not used for professional sports, between 80 and 90% are publically financed: Comparable Facili9es Funding Funding Facility BOK Center Pinnacle Bank Arena Jacksonville Vet. Mem. Arena Wells Fargo Arena Bon Secours Wellness Arena Public Private W.M. Jordan Proposed Arena 115M Proposed Arena 'AVERAGE (eaclud'mg proposals( Noce. Public funding of 115m areru includes 53.0 mill Private 12 1 (AIM InrAon Financing USM Public o% May 13, 2014 -10 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) Comparable Facili9es Premium Comparison 111111111111113111111111 Annual Facility City Inventory Price loge Boxes Annual Inventory Price Annual Inventory Price BOK Center Tulsa Pinnacle Bank Arena Lincoln Jordan Proposed Arena VirgInia Beach Jacksonville Vet. Mem. Arena Jacksonville Wells Fargo Arena Des Moines Bon Secours Wellness Arena Greenville 0503 Proposed Aren AVERAGE (excluding proposals) MEDIAN leasbld6lpreposa6) Virginia 38 n' 573,000 20 517,500 680 51,500 36 555,000 20 $20,000 900 51,250 Total Premium Revenue 54,144,000 53,505,000 39 550.000 40 514,000 600 .51,550 53,440.000 aeh 36 560,000 36 $50,000 30 $65,000 30 535,000': 35 $60,600 o0 1,834 5355 m 600 51,600 00 00 1,000 5400 52,811,000 52,760,000 52,350,000 0 56,000. 500 59th 5L740,00D 20 516,750 1,003 $1,021 53,114,000 36 560,000 20 518,750 900 51,250 52,311,000 13 Both proposals are consistent and comparable with other municipal arenas: Comparable Facili9 es Financial Opera9 ons FINANCIAL OPERATION COMPARISONS Comparable Venues Facility ($MM) Net Direct Revenues ($MM) Operating Expenses ($MM) Operating Profit (Loss) Operating Margin Wells Fargo Arena Bon Secours Wellness Arena $5.6 $7.0 $3.7 55.2 $1.9 51.8 33.6% 25.7% BOK Center 58.1 56.4 51.7 21.3% 5 M8.7% AVERAGE (excluding proposals) 56.1 $5.0 51.1 16.8% MEDIAN (excluding proposals) $5.6 $5.2 51.7 21.3% 14 May 13, 2014 -11 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) Original funding for the Chesapeake Energy Arena came from 1 cent Sales Tax. In 2009, the sales tax was extended to fund major renovations: Chesapeake Energy Arena Case Study • Year Openva`.., 2002'.. •Capacity: 18,210 •Total Cost $142.7MM• • Tenant 00 80ma CM, Thunder City of Oklahoma C • Operator: • Suttes: • Loge 9oxes• ve dub Seats:,. •Innudee$89.2 originaldevebpment costs and 5103.5mi111on • Hosts approximately 115 events a year • 45 Thunder games • 20 tots concerts • 8 to 10 family shows • 25 to 30 other sports events. • 15 -year lease agreement which began in 2010 • Thunder retain majority of revenues except for parking, a concession split and revenues from otherarena events. • Thunder pays rent of 51.6 million plus an annual naming rights fee, office expenses, facility fees and arena conversion fees 15 Chesapeake Energy Arena Case Study •year of • Gast of renov • Areas Renovated Took out 20 suites and replaced eboxes in both ends. novated event level by adding ?- tezand Courtlide Club. • 1 cent sales tax passed in 1993 • funded nine (9) capital projects including arena construc. on • 1 cent sales tax extension approved in 2008 to fund arena improvements for relocated Thunder • 5103.5 million renova?on began in 2009: • 48 new terrace boxes • Two terrace lounges • Upgraded retractable sea?ng in the lower bowl • Refinished upper level concourse. • Renovated locker rooms • 53.9 million scoreboard • New Grand Entrance in the southwest of the building added in 2012 16 Grand Entrance May 13, 2014 -12 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) The Smoothie King Center was funded with 91% public funds: Smoothie King Center Case Study Notes •The arena is currently untlergdngthe second phase of a$94rn renoneon that is en,cipatecl to inn completed pr.' the 201445 ssason. The,aria g One SSW renova?on is oPelicans' in the chart below. Fronomicpwelomneia fund $3.691M$9Concessionaire • 91 percent($101.5M) public sector funding: • 585M in hotel/motel tax revenue • $165M from other public funds. • 9 percent (510.5M) private sector funding Were • $9M from the arena concessionaire geNome Refinancing $12.smea • $1M from the former ECRL tenant. • Lease extension in 2012 (through 2024) • Guaranteed NBA AltStar Game • 550M in improvements to the arena over the following two offzeasons (funded by state bond issue) • $1OM in available funding at the op? on of the team in 2013 for addi?onal upgrades to the arena or construc7on of a prac?ce l facility l Smoothie King Center Case Study • Veers of Reno >• Cast of renova?on: 15 • Areas Renovated: Added 16 new loge boxes, upgraded all 56 suites, concession .upgrades, club lounges/party areas, teas, exterior upgrade:, team store, boy office, lobby, new lIgh?ngsystem Currently undergoing a $54M renova?on • Interior & exterior improvements • Funded through a state bond issue, as agreed upon in the lease extension Phase l (Complete) • 16 new loge boxes located on the 100 Level • Renova?ons to all exis?ng 56 luxury suites • New Whitney Bank Party Deck on the Terrace Level • New 360 degree Halo Board • Renovated and expanded Pelicans team locker room, • New Chairman's Club located adjacent to the team's locker room Phase II (TBC Prior to 201415 Season) • New front office entrance and lobby (20,000 square feet of new space) • New box office • New 2,000.5quare foot sports lounge • Expanded team store • New LED ligh?ng system 18 Chairman's Club Loge Box May 13, 2014 -13 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) Below is the total project costs for the Pinnacle Bank Arena: Pinnacle Bank Arena Total Project Costs DeSIgner assist Procurement 585, 817,000 Bid Package 1 18,294,000 Bid Package 2 Bid Package 3 11,084,000 PM Package 4 9,720,000 Bid Package $134,793,000 ed @TotalCost Bunging Pen -nit $250,000 Impact Fee Exempt Prop Contingency $4,984,000 Subtotal $144,772,000 CM Performance 4047117110014 5962000 Builders Risk Insurance 258,000 Railroad Protective liability Insurance 85,000 1,302,000 Lability Insurances 5142,389000 Contractors bee $2.93,000 Preconstruction Fee 140,000 Fumnnings, Fixtures &Equipment ley Owner) 56,950000 TOTAL CONSTRUCTION COSTS 5157,348,000 (Pinnacle Bank arena endGarage) Total Soft Cost:• 515.009000 TOTAL PROJECT COSTS $112,349,000 Ill soft sooa TalaOantaoolaT Pllaatt nvnagerner4tour costs at camPa,bale arenas around the country 19 May 13, 2014 -14- CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) May 13, 2014 -15- CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) May 13, 2014 -16 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) May 13, 2014 -17 - CITY COUNCIL'S BRIEFING ARENA BUSINESS and OPERATING ANALYSIS ITEM #63756 (Continued) In closing, the proposals are very reasonable and comparable. The key to deciding which proposal to move forward with is how the project is funded. Mr. Rhoda expressed his appreciation to the City for allowing him to work on this project. Mayor Sessoms expressed his appreciation, on behalf of City Council and the entire City, for the work on this project. May 13, 2014 -18- CITY COUNCIL LIAISON REPORTS 4:58 P.M. ITEM #63757 Councilman Dyer expressed his appreciation to City Council for adopting a Resolution recognizing Armed Forces Day, May 17, 2014, and the almost 100,000 Military Personnel population - - our neighbors, friends and colleagues - - the Guardians of our shores, along with Regent University for routinely being recognized as a Military friendly educational institution. May 13, 2014 -19 - CITY COUNCIL LIAISON REPORTS ITEM #63758 Councilman Dyer advised the Process Improvement Task Force is looking to remove barriers and promote small and minority businesses. May 13, 2014 -20 - CITY COUNCIL LIAISON REPORTS ITEM #63759 Council Lady Ross -Hammond attended the Retirement of Emanuel Episcopal Priest and presented a Proclamation on behalf ofMayor Sessoms. May 13, 2014 -21 - CITY COUNCIL LIAISON REPORTS ITEM #63 760 Council Lady Ross -Hammond attended the 50th Anniversary of the Tidewater Filipino Women's Club this past weekend. May 13, 2014 -22- CITY COUNCIL COMMENTS 5:00 P.M. ITEM #63 761 Councilman Moss advised the transcript of the gentleman that did analysis on Federal Highway Trustfund paints a very bleak picture and advised there is no money to get from the Trustfund. May 13, 2014 -23 - CITY COUNCIL COMMENTS ITEM #63 762 Council Lady Wilson been appointed to Virginia Municipal League 's Legislative Committee. May 13, 2014 -24 - AGENDA REVIEW SESSION 5:01 P.M. ITEM #63763 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to APPROPRIATE the Governor's Opportunity Fund (VGO) Award of $120,000 to Economic Development re incentive for expansion of Prufrex USA, Inc. 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a renewable Lease with the U.S. Coast Guard to maintain a Navigation Light Tower and Navigational Aids on the Rudee Inlet North Jetty 3. Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 1) APPROPRIATE for the Fiscal Year, beginning July 1, 2014 and ending June 30, 2015, $1,830,467,105 for Operations, $498,234,068 for Internal Service and $198,378,330 in Interfund Transfers 2) ESTABLISH the tax levy of Ninety -Three Cents ($0.93) per $100 assessed evaluation on real estate for FY 2015 3) ESTABLISH the tax ley of Four Dollars ($4.00) per $100 assessed evaluation on personal property and machinery and tools for the Calendar Year 2015 4) APPROPRIATE $106,008 to the Reserve for Future Commitment and DECLARE $7,000,000 as surplus within the Sandbridge Tax Increment Financing District (TIF) 5) PROVIDE Certification to the Virginia Retirement System (VRS) re member contributions by salary reduction 6) IMPLEMENT the 2015 Employee and Retiree Health Insurance Plans 7) AMEND §32.5-2 of the City Code re Equivalent Resident Unit (ERU) fees to be Forty-three and Three Tenths Cents ($0.433) per day effective July 1, 2014 8) AMEND §12-14.1 of the City Code to increase the Fire Inspection fees to Fifty Dollars ($50) 9) AMEND §21-330 of the City Code to increase Resort Area parking fees and penalties and dedicate revenues to implement a Resort Area Parking Strategy May 13, 2014 -25- 10) AMEND 028-4 through 28-7, ADD 28-4.1, REPEAL §28-8 re Sewer Capital Recovery Fees, AMEND §§ 37-7.1 and 37-8 through 37-11 and REPEAL §37-12 re Water Capital Recovery Fees 11) AMEND §§ 35-64 and 35-67 of the City Code re Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons by increasing net worth limits 12) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) b. FY 2014-2015 Capital Budget: 1) AUTHORIZE the FY-2015/FY-2020 Capital Improvement Program (CIP); and APPROPRIATE $280,957,593 subject to funds being provided from various sources set forth therein 2) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $66.4 -Million 3) AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $9 -Million 4) AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $27 -Million 4. Ordinance to DECLINE the V -STOP Grant from the Virginia Department of Criminal Justice (DCJA) and replace federal funds with City funds re compensation for a Detective 5. Ordinances to ACCEPT and APPROPRIATE: a. $39,600 from the Department of Homeland Security re deployment of FEMA to the Washington State mudslide b. $210,331 from the State Compensation Board to the Clerk of the Circuit Court's Technology Trust Fund 6. Ordinance to AUTHORIZE acquisition of land on London Bridge Road from The Taylor Group, LP for $935,000 7. Ordinance to GRANT Open Air Cafe franchises: a. Seaside Raw Bar - 2014 Atlantic Avenue b. Pier 14 Boardwalk Cafe -1401 Atlantic Avenue 8. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: (DISTRICT 5 — LYNNHAVEN) a. GLENN and DENISE SAUCIER to repair a brick wall and lamp at 4325 Lynnville Crescent b. CAMILLE A. and MARIE T. KATTAN to construct a pier and maintain an existing bulkhead at 2333 Leeward Shore Drive (Harbor Canal) May 13, 2014 -26- 9. Resolution re APPEAL of the Police Chief's decision to deny a Precious Metals Dealer Permit to Kaitlin Jean Baker ITEM #3 WILL BE CONSIDERED SEPARATELY ITEM #9 WILL BE CONSIDERED SEPARATELY ADD ON Resolution Commemorating Armed Forces Day, May 17, 2014, and recognizing Regent University's efforts to applaud May 13, 2014 -27 - AGENDA REVIEW SESSION ITEM #63763 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of BRIAN J. DUNDON for a Variance to Section 4.4(b) of the Subdivision Ordinance re an additional residential lot at 449 Old Great Neck Road DISTRICT 6 - BEACH 2. Application of JAMES E. and BETHANY S. VA UGHAN and ROBERT P. VA UGHAN at 2388 Vaughan Road: DISTRICT 7 —PRINCESS ANNE a. Variance to Section 4.4(d) of the Subdivision Ordinance re creation of a lot with no direct access to a public right-of-way b. Conditional Use Permit for Alternative Residential Development 3. Application of GREAT NECK, L.P. and CHANNEL POINTS, LLC for Modification of Condition No. 2 of a Subdivision Variance (approved September 24, 1996) re construction of a residence and pool within the Resource Protection Area (RPA) at 1903 Channel Points Lane DISTRICT 5 - LYNNHAVEN 4. Application of R & J PETRO DBA STUDIOS 4 LESS and THE RAMSEY-WHITE COMPANY, L.C. for Modification of Proffer No. 4 to a Change of Zoning (approved December 4, 2013) from a mixed-use structure to motel rooms at 717 South Military Highway DISTRICT 2 - KEMPSVILLE 5. Application of ROBIN RAY for enlargement of a Nonconforming Use and renovation of a garage at 5202 and 5204 Ocean Front Avenue DISTRICT 5 — LYNNHAVEN. 6. Application of C & JINVESTORS, LLC and J & MKELLAM FAMILYPARTNERSHP for Alternative Compliance to the Oceanfront Resort District Form -Based Code to allow erection of four (4) detached dwellings at 516 206 Street DISTRICT 6 - BEACH 7. Application of NOEL GONZALEZ and BIRCHWOOD ASSOCIATES, LLC for a Conditional Use Permit re an event hall at 329 Birchwood Park Drive DISTRICT 5 - LYNNHAVEN 8. Application of HIF, LLC, HIC, LLC; MACH ONE, LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-18 Apartment re 252 dwelling units at Windsor Oaks Boulevard and Holland Road DISTRICT 3 - ROSE HALL 9. Application of CITY OF VIRGINIA BEACH to AMEND 0211 and 216 of the City Zoning Ordinance (CZO) re Sponsorship Signs for Public Art Exhibitions on public property DISTRICT 2 - KEMPSVILLE ITEM #8 WILL BE CONSIDERED SEPARATELY May 13, 2014 -28- ITEM#63 764 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(30) AND EXCLUDED PPEA RECORDS: Pursuant to Section 2.2-3711(A)(28), the discussion or consideration of records excluded from the Freedom of Information Act pursuant to subdivision 11 of Section 2.2-3705.6. AND PUBLIC FUNDS INVESTMENT: Discussion or consideration of the investment of public funds where competition or bargaining is involved, where if made public initially, the financial interest of the City would be adversely affected, pursuant to Section 2.2-3711(A)(6). • Arena Project May 13, 2014 -29 - ITEM# 63 764(Continued) Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 5:05 P.M. Voting: 11-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session 5:05 P.M. 5:58 P.M.) May 13, 2014 -30 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MAY 13,2014 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 13, 2014, at 6:00 P.M. Council Members Present: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Walter A. Whitehurst Pastor, Retired 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 City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. May 13, 2014 -31 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential'). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identfing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of August 13, 2013, is hereby made a part of the record. May 13, 2014 Item -VI-E CERTIFICATION -32- ITEM #63 765 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None May 13, 2014 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #63 764 Page 29, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach 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. qama ,ym Ruth Hodges Fraser, MM9D City Clerk May 13, 2014 Item -VI -F.1 MINUTES -33- ITEM #63766 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 22, 2014, April 29, 2014, and May 1, 2014. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 -34- ADOPT AGENDA FOR FORMAL SESSION ITEM #63767 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 13, 2014 -35 - Item VI— H.1 MAYOR'S PRESENTATION ITEM #63 768 ARMED FORCES DAY Mayor Sessoms presented a Resolution recognizing Armed Forces Day, May 17, 2014, and the almost 100,000 Military Personnel population - - our neighbors, friends and colleagues - - the Guardians of our shores, along with Regent University for routinely being recognized as Military friendly educational institution to Councilman Dyer. Mayor Sessoms expressed his appreciation to Councilman Dyer for presenting the Resolution to the Military Personnel during the upcoming event. May 13, 2014 R]ESOL UPON II7IEREAS: President Harry Truman, in 1950, proclaimed ARMED FORCES DAY to recognize the Military services at home and across the seas, stating: "0 is vital to the security of the Nation and to the establishment of a desirable peace"; {{gJEREAS: Memorial Day solemnly mourns the dead. Veterans Day honors past heroes. Armed izes ed rces who are cForces Day ounty. Armed Forrces Day tes the lhonorg s all services, includinguthe actio e duty Army, Navy Marine ntly defending orps, Air Force and the Coast Guard as well as members of the Military Reserve and National Guard; Commonwealth of and is ome to the WHEREAS: later Jet BaseBeach on thets East Coast. Joint Exhthe largest city in ibition on Base Little Creek/Fort SStory is thee larges la t Beach. This City is roud of its and NAS almost 10 , 00tb �ary personnel population am Neck te second est our employers neighbors, friends and colleagues - - theGuardians of our shores. Tb'e salute each member of these leadership teams as well as those who serve in various capacities of protection, maintenance and community leaders; WHEREAS: Virginia Beach citizens thank Regent University for routinely being recognized as a Military -friendly educational institution. And, we certainly thank the Army TRADOC Band and the Command Team at Joint Base Langley -Eustis for their voluntary service in tithes of war as well as in times of peace plus their effort to connect with local citizens; and, Ii7IEREAS: Virginia Beach remembers there are still 'hundreds of 'thousands of Americans deployed abroad providing us the security of our freedoms and protecting our values. NOW, THEREFORE, BE IT RESOLVED: That the Members of the Virginia Beach City Council pause in its deliberations this Thirteenth day of May, Two Thousand Fourteen, to pay tribute to: ARMED FORCES DAY May 17, 2014 AND ALL THOSE MENAND WOMEN O, THE MILITARY BE IT FURTHER RESOLVED: That this Resolution be adopted and a copy spread upon the Minutes of this Formal Session of the Virginia Beach City Council . ouRobe .`Bob" Dyer ,114 �t hnar✓Brad 9Vta KALA CoEncifLudyBhrbarai5fenley Council La•yShan Kane - Cgimcifman john D. Moss Council Lady ,r. Amelia N Ross- nd Co u ifmanYohn E. Zlfirin ry Wi[sOtt C e ,!' n games L. Wood Mayor WiffiamD. `941 Sessoms Dice 9btayor Louis ; ° zones -36 - Item -VI -H.1 PUBLIC HEARING ITEM #63 769 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY -OWNED PROPERTY Cafe Franchises Seaside Raw Bar - 2014 Atlantic Avenue Pier 14 Boardwalk Cafe - 1401 Atlantic Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. May 13, 2014 ADD ON -37- ITEM #63770 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED the request to ADD to the Consent Agenda: Resolution recognizing Armed Forces Day, May 17, 2014, and the almost 100,000 Military Personnel population - - our neighbors, friends and colleagues - - the Guardians of our shores, along with Regent University for routinely being recognized as Military - friendly educational institution. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 RESOLUTION WHEREAS: President Harry Tntman, in 1950, proclaimed ARMED FORCES DAY to recognize the Military services at home and across the seas, stating: "it is vital to the security of the Nation and to the establishment of a desirable peace"; WHEREAS: Memorial Day solemnly mourns the dead. Veterans Day honors past heroes. Armed Forces Day celebrates the living and recognizes those Armed Forces who are cun-ently defending our country. Armed Forces Day honors Force and the Coast Guard aswell as mincluding embers of the Military Reserve and National G aadne Corps, Air WHEREAS: Virginia Beach is the largest city in the Commonwealth of Virginia and is home to the largest Master Jet Base on the East Coast. Joint Exhibition Base Little Creek/Fort Story is the largest and NAS Oceana/Dam Neck the second largest employers in Virginia Beach. This City is proud of its almost 100,000 Military personnel population - - our neighbors, friends and colleagues - - the Guardians of our shores. We salute each member of these leadership teams as well as those who serve in various capacities of protection, maintenance and community leaders; as WHEREAS: Virginia Beach citizens thank Regent University for routinelybeing OC Banded the a Military friendly educational institution. And, we certainly thank the Army Command Team at Joint Base Langley -Eustis for their voluntary service in times of war as well as in times of peace plus their effort to connect with local citizens; and, WHEREAS: Virginia Beach remembers et here andare still prothundr reds ouof thousands of Americans deployed abroad providing us the security of f NOW, THEREFORE, BE IT RESOLVED: That the Members of the Virginia Beach City Council pause in its deliberations this Thirteenth day of May, Two Thousand Fourteen, to pay tribute to: ARMED FORCES DAY May 17, 2014 AND ALL THOSE MENAND WOMEN O. THE MILITARY BE IT FURTHER RESOLVED: That this Resolution be adopted and a copy spread upon the Minutes of this Formal Session of the Virginia Beach City Council . Rg6e "Bob" Otter 'Gila rad Martin Couigilman John E. W rin Aiot .4 Co‘tnciliadyBArbaraiSenfey 0 Council La Councibnan Jahn D. tivtoss Council Lady r. Amelia N Rossnd - y Shan . Kane Council La y Ras W . ry Wilson Nice Mayor Louis Jones n James L. Wood kzw Mayor William D. "Will'' Sessoms Item -VI-J ORDINANCES/RESOLUTIONS -38- ITEM #63771 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items 1, 2, 3a(1,2,3,4,5,6,7,8,9,10,11 and 12)/b(1,2,3 and 4), 4, 5a/b, 6, b/c/d, 4a/b, 5, 6, 7a/b, 8a/b and the ADD ON of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 Item -VI -J.1 ORDINANCES/RESOLUTIONS -39- ITEM #63772 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE the Governor's Opportunity Fund (VGO) Award of $120,000 to Economic Development re incentive for expansion of Prufrex USA, Inc. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE TO APPROPRIATE A VIRGINIA 2 GOVERNOR'S OPPORTUNITY FUND AWARD OF 3 $120,000 TO THE CITY OF VIRGINIA BEACH 4 DEVELOPMENT AUTHORITY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $120,000 received by the City from the Governor's Opportunity Fund is 10 hereby appropriated, with estimated state revenues increased accordingly, to the City 11 of Virginia Beach Development Authority in furtherance of the purposes of the GOF 12 and the expansion of manufacturing by Prufex USA, Inc. within the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 t h day of May , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ,CYli1)( udget and Management Services CA13003 R-1 April 23, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Item -VI -J.2 ORDINANCES/RESOLUTIONS -40- ITEM #63773 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a renewable Lease with the U.S. Coast Guard to maintain a Navigation Light Tower and Navigational Aids on the Rudee Inlet North Jetty Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP 3 TO FIVE (5) YEARS WITH THE UNITED 4 STATES COAST GUARD FOR A 6' X 6' ± 5 PARCEL OF CITY LAND LOCATED 6 TWENTY-FIVE FEET (25') FROM THE END 7 OF THE BREAKWATER ON THE NORTH 8 SIDE OF RUDEE INLET 9 10 WHEREAS, the City of Virginia Beach, Virginia (the "City") is the owner of an 11 approximately 6' x 6' parcel of land located twenty-five feet (25') from the end of the 12 breakwater on the north side of Rudee Inlet in the City of Virginia Beach (the 13 "Premises"); 14 15 WHEREAS, the United States of America Coast Guard (the "Coast Guard") 16 currently leases the Premises from the City, and such lease expires September 30, 17 2014; 18 19 WHEREAS, the Coast Guard would like to enter into a new formal lease 20 arrangement with the City for the purpose of continuing its maintenance of a Tight 21 tower and associated navigational aids on the Premises; and 22 23 WHEREAS, the Premises will be utilized for navigational aid purposes and 24 for no other uses. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for a term of up to 30 five (5) years between the United States of America and the City, for an approximately 31 6' x 6' parcel of land located twenty-five feet (25') from the end of the breakwater on the 32 north side of Rudee Inlet in the City of Virginia Beach, in accordance with the Summary 33 of 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 Adopted by the Council of the City of Virginia Beach, Virginia on the 13 t h day 38 of May , 2014. APPROVED AS TO CONTENT: Public Wor /Facilitie 4'1anagement CA12946 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D024\P017\00124557.doc R-1 April 24, 2014 APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City Attorney's Offic SUMMARY OF TERMS LEASE FOR THE USE OF 6' X 6' PARCEL OF CITY PROPERTY FOR NAVIGATIONAL AID PURPOSES LESSOR: City of Virginia Beach LESSEE: United States of America (Coast Guard) PREMISES: Thirty-six square feet (6' x 6') of land owned by the City located twenty-five feet (25') from the end of the breakwater on the north side of Rudee Inlet, Virginia Beach, Virginia. TERM: October 1, 2014 through September 30, 2015, with four options to renew for one year each. RENT: Rent shall be One Dollar ($1.00) per annum. RIGHTS AND RESPONSIBILITIES OF LESSEE: • May use the Premises for navigational aid operations and no other purpose. Any unauthorized use of the Premises shall constitute a breach of the lease and cause its immediate termination. • To the extent permitted by law, assumes the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its officers, invitees, employees and agents associated with the use of the Premises. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Assumes responsibility for the maintenance of the Premises and the means of ingress and egress during the lease term. • Shall notify the Lessee prior to the placement of any item onto the structure which holds the navigational aids and associated equipment. TERMINATION: The Lessee may terminate this lease upon giving the City thirty (30) days' written notice. i -41- Item-VI-J.3a-1 ORDINANCES/RESOLUTIONS ITEM #63 774 The following individuals registered to speak: Ken Chord, 3536 Clubhouse Road, Phone: 693-0105, expressed concern regarding privacy rights with the new cameras at the Ocean Front. Mr. Chord does not want to be watched as he goes store -to -store. Bill Bailey, 644 Edwin Drive, Phone: 288-5761, expressed his appreciation to the City Council for the accomplishments in this Budget. Mr. Bailey expressed concern regarding the change to the Retiree Health Insurance as the Virginia Code requires the City maintain the same level of benefits for employees that receive disability. If the intent is to take a snapshot of benefits from the date of injury and the City is required to continue providing the same level of benefits. As everyone is aware, today's Health Care Benefits are substantially different and the City may be at risk for being non-complient. Jim Fulmer 3008 Sandfiddler Road, Phone: 287-7395, expressed his appreciation to City Council for adding Nimmo Parkway improvements to this year's Budget and CIP — this is the right thing. Sadly, a lot of people have lost their lives on that road and he hopes City Council understands the urgency to this project. Within the last month, 5 people have lost their lives in accidents on Sandbridge Road and he feels Nimmo Parkway Extension is a necessity. The City should consider using money that Sandbridge brings into the City to expedite this project. Kristen Cooper, 2308 Paragona Court, Phone: 478-4008, did not respond. Joan Davis, 2084 Bierce Drive, Phone: 430-6228, expressed her appreciation to City Council for including Sandbridge Road improvements in this year's Budget. Diana Howard, 1057 Debaca Court, Phone 721-5128, expressed concern as the Budget ensures funds are available for Developers, Arena and Light Rail, but not for Public Safety, the City's first obligation. The proposed Budget has a new line item to replace busses at the Oceanfront with Trolley's. She questioned why City Council can find funds for Developers and then raise taxes. Ms. Howard advised her water bill has increased three (3) times and it is time for the Government to stop spending. Teresa Langille, 932 Truro Court, Phone: 641-1592, requested personal property taxes not be raised as everyone relies on automobiles to get to and from work. American's are unsure of the economy and with the uncertainities of the State 's Budget, the City should not be raising taxes. In the City, 36,000 families are on the food stamp program and food banks have long lines. Many companies are eliminating benefits. Darl Anderson, 4425 Jeanne Street, Phone: 373-1407, requested City Council "tighten" the Budget and look at ways to save money instead of raising garbage fees and taxes. Mr. Anderson survives on a 'fixed income" and has not seen a raise in income in the last ten (10) years yet the City's Budget continues to go up. Staci Martin, 238 Bowman Road, Phone: 477-4046, expressed her appreciation to City Council on behalf of Historic Kempsville Citizens Advisory Committee. Ms. Martin advised the Committee hopes to double the funds the City appropriated with Grant funds to make Walkable Historic Kempsville a reality. Marlayne Castelluzzo, 5189 Stratford Court, feels the decision is already made on the Budget but intends to shine light on the City's dark spending. The Virginia Beach Taxpayers Alliance presented the City Council and City Manager a proposed Budget that trimmed fat and emphasized core responsibilities. The City ignored the recommendations. Beach taxpayers will be 100% responsible for Light Rail if it exceeds estimate but the City isn't concerned because they will raise taxes. Virginia Beach Taxpayers Alliance is here and will continue to be here until all Citizens are treated the same. May 13, 2014 hent-VI-J.3a-1 ORDINANCES/RESOLUTIONS -42- ITEM #63774 Waverly Woods, 2453 Haversham Close, Phone: 749-8266, Chairwoman of the Hampton Roads Tea Party stated the Developers do not make Virginia Beach great, instead it is the community and small businesses which make the City alive and allows the City to thrive. Petey Browder, 1204 Shawn Drive, Phone: 773-6732, feels the proposed Budget reflects conservative policies in several ways but taxpayers need to ask why federal funding is included because we know the Federal Government is in worse shape than the City. The Mayor agreed to the State's condition on Light Rail and all Beach Citizens will be responsible for funding when only 1% will use Light Rail. Robert Dean , 1204 Shawn Drive, Phone: 427-6606, Former member of City Council and continues to track the action, or inaction, Council takes. Mr. Dean does not blame the City Manager but the City Council for rolling over and allowing his mismanagement. Mr. Dean accused City Council of not being able to understand economic responsibilities, picking winners and losers by providing tens of millions of dollars to Developers and not able to find enough funds to cover Public Safety. The No. 1 priority of Government is Public Safety yet City Council uses it as a 'scape goat year after year. Frank Paplin, 4008 Rumford Lane, stated he is opposed to any tax increase, especially when City Council can always find money for Developments or improvements at the Beach. Light Rail is going to benefit Developers, not the Citizens. Danielle Cossu expressed concern regarding the lack of funding for Public Safety but the City is spending $7 -MILLION for cameras at the Ocean Front. Ms. Cossu suggested putting the cameras at Town Center as that is where the crime seems to be the highest. May 13, 2014 City of Virginia Beach VBgov.com 13 May 2014 JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN - AT -LARGE MOSSJOHN @ COX. N ET Dear the Honorable Ruth Hodges, City Clerk for the City Council of Virginia Beach: This correspondence supplements my oral statements, video recorded, and transcribed, made by me prior to casting of my vote on Tuesday, May 13, 2014 on City Council agenda item J.3.a 1) through 12) and J.3.b 1) through 4). Specifically, the City Council minutes following the precedent established by City Council approving the minutes for the May 11, 2010 where then Councilman Bill DeSteph "verbally identified his vote on each budgetary document" [verbatim excerpt from the adopted Virginia Beach City Council approved minutes for their May 11, 2010 proceedings] Therefore the City Clerk will annotated my name with asterisk under Council Voting Nay followed Members by following: "Councilman Moss verbally identified his vote on each budgetary document FY 2014-15 Operating Budget FY 2014-15 Capital Budget J.3.a J.3.b AYE NAY AYE NAY 1) 3) 1) N.A. 2) 2) 4) 3) 5) 4) 6) 7) 8) 9) 10) 11) 12) Yourjlumble public servant 4109 RICHARDSON ROAD, VIRGINIA BEACH, VIRGINIA 23455 Item-VI-J.3a-1 ORDINANCES/RESOLUTIONS -43- ITEM #63774(Continued) Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 1) APPROPRIATE for the Fiscal Year, beginning July 1, 2014 and ending June 30, 2015, $1,830,467,105 for Operations, $498,234,068 for Internal Service and $198,378,330 in Interfund Transfers Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL 2 YEAR BEGINNING JULY 1, 2014 AND ENDING JUNE 30, 2015 3 IN THE SUM OF $1,830,467,105 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 5 beginning July 1, 2014, and ending June 30, 2015, and it is necessary to appropriate sufficient funds to cover said 6 budget; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 9 10 Sec. 1. That the amounts named aggregating $2,527,079,503 consisting of $498,234,068 in inter -fund transfers, 11 $198,378,330 for internal service funds, and $1,830,467,105 for operations, are hereby appropriated subject to the 12 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for 13 the purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by 14 reference, for the fiscal year beginning July 1, 2014, and ending June 30, 2015 (hereinafter, the "Fiscal Year"), a 15 summary of which is attached to this ordinance as "Attachment A — Appropriations." 16 17 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations 18 is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations 19 attached to this ordinance as "Attachment B — Revenues." 20 21 Sec. 3. With the exception of the funds under the control of the School Board, specifically the funds numbered 22 104 107, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as "School Board Funds"), the 23 total number of full-time permanent positions shall be the maximum number of positions authorized for the 24 various departments of the City during the Fiscal Year, except for changes or additions authorized by the Council or 25 as hereinafter provided. The City Manager may from time to time increase or decrease the number of part-time or 26 temporary positions provided the aggregate amount expended for such services shall not exceed the respective 27 appropriations made therefore. The City Manager is further authorized to make such rearrangements of positions 28 within and between the departments as may best meet the needs and interests of the City, including changes 29 necessary to implement the employee transition program. 30 31 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council 32 hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions 33 throughout the Fiscal Year as may be necessary to implement organizational adjustments that have been 34 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments shall 35 be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to 36 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a 37 report each year to the City Council identifying the status and progress of any such organizational adjustments. 38 39 Sec. 5. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service 40 District Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax 41 levy. 42 43 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business 44 the Fiscal Year, unless otherwise provided for, are hereby declared to be lapsed into the fund balance of the 45 respective funds, except all appropriations to School Board Funds derived from local public sources which shall 46 lapse and revert to the General Fund Balance, and may be used for the payment of the appropriations that may be 47 made in the appropriation ordinance for the fiscal year beginning July 1, 2015. Prior to the expenditure of any 48 sums that have lapsed to the fund balance of any fund, an appropriation by the City Council shall be required. 49 50 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis 51 for developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) 52 for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating 53 expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its 54 water and sewer revenue bonds at not less than 1.50 times and, on a combined basis, including water and sewer 55 general obligation bonds, at no less than 1.20 times and (c) for the Water and Sewer Fund, contributions from non- 111 56 borrowed funds, on a five-year rolling average basis, will be sought for approximately 25% of the annual capital 57 program for the water and sewer system. 58 59 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at 60 the close of the business for the Fiscal Year, are hereby declared to be re -appropriated into the fiscal year 61 beginning July 1, 2015, and estimated revenues adjusted accordingly. 62 63 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or 64 federal sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 65 30, 2014, are hereby declared to be re -appropriated into the Fiscal Year, and estimated revenues adjusted 66 accordingly. The close-out of any grant or similar funding mechanism shall account for all expenditures in such 67 grant, and provided there is any remaining balance in the grant, the portion of the balance attributable to local 68 sources shall revert to the General Fund, special revenue fund, or enterprise fund that provided the local 69 contribution. 70 71 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 72 exceed the amount of such appropriations except with the consent and approval of the City Council first being 73 obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds appropriated 74 shall apply only to the totals for each Appropriation Unit included in this ordinance and does not apply to Inter - 75 fund Transfers. 76 77 Sec.11. The City Manager or the Director of Budget and Management Services is hereby authorized to approve 78 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this 79 ordinance through the accrual period. The City Manager shall make a monthly report to the City Council of all 80 transfers between $25,000 and $100,000. In addition, the City Manager may transfer, in amounts necessary, 81 appropriations from all Reserves for Contingencies except Reserve for Contingencies — Regular, within the intent of 82 the Reserve as approved by City Council. 83 84 Sec. 12. The City Manager or the Director of Budget and Management Services is hereby authorized to establish 85 and administer budgeting within Appropriation Units consistent with best management practices, reporting 86 requirements, and the programs and services adopted by the City Council. Consistent with best management 87 practices, the City utilizes a modified accrual system of accounting. Revenues are considered available when 88 collectible either during the current period or after the end of the current period, but in time to pay year-end 89 liabilities. Expenditures are recognized when a transaction or event is expected to draw upon current spendable 90 resources rather than future resources. In practical effect, the modified accrual system allows a window of 45 days 91 wherein the City may accrue back to the immediately preceding fiscal year revenues and expenditures. The City 92 Manager or the Director of Budget and Management Services is further authorized to establish administrative 93 directives to provide additional management oversight and control to ensure the integrity of the City's budget. 94 95 Sec. 13. The City Manager or the Director of Budget and Management Services is hereby authorized to change the 96 Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support 97 of an Operating Appropriation Unit declines, the City Manager or the Director of Budget and Management Services 98 is hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in 99 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total 100 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 101 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be 102 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for 103 each of the City's funds. The City Manager or the Director of Budget and Management Services is hereby 104 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated 105 expenditures for which those funds were appropriated have been incurred. Nothing in this section shall be 106 construed as authorizing any reduction to be made in the amount appropriated in this ordinance for the payment 107 of interest or principal on the bonded debt of the City Government. 108 109 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 110 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers 111 and employees of their personal automobiles in the discharge of their official duties shall not exceed fifty six cents 112 ($0.56) forty two cents ($0.42) per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile 113 for additional miles of such use within the fiscal year. 114 115 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot 116 reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any 117 budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately 118 following the expenditure of funds under this provision, and as soon as the City Council can reasonably meet under 119 the existing circumstances, the City Manager shall notify the City Council of the reason for such action, how funds 120 were expended, and present to the City Council for adoption an emergency appropriations ordinance that sets 121 forth what measures are required to ensure that funds are forthwith restored to the appropriate accounts and 122 that the budget is balanced at the end of the fiscal year in which the emergency expenditures occurred. 123 124 An emergency is defined for the purposes of this provision as an event that could not have been 125 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public 126 health, safety or welfare is involved, such as clean-up after a hurricane, and/or (11) immediate action is required to 127 protect or preserve public properties. 128 129 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and 130 according to regulations approved by the City Council. Each account shall show the dates expenses were incurred 131 or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director 132 of Finance is specifically directed to withhold the issuance of checks in the event expense accounts are submitted 133 for "lump -sum" amounts. 134 135 Sec. 17. The City Manager is hereby authorized to allocate funding, within the aggregate amounts approved by 136 City Council for total compensation, to implement the General Assembly mandated changes to the Virginia 137 Retirement System ("VRS") that require all full-time City employees hired before July 1, 2010 to pay five percent 138 (5%) of their salaries to the VRS to be offset by a pay increase of five percent (5%) by July 1, 2016. The City Council 139 has chosen to phase this in with 1% increments with 1% provided for fiscal year 2015. To accommodate VRS 140 requirements that the entire paycheck provided on July 15th include the fiscal year 2015 increase, the City Manager 141 or designee is authorized to make the changes in this section for the pay period relating back to June 22, 2014. 142 While not mandated by the General Assembly, a 1% increase is provided for all full time City employees hired after 143 July 1, 2010. 144 145 Sec. 18. A salary increase of .34% on June 22, 2014 for full-time employees and 1.66% on September 22, 2014 is 146 hereby provided for part-time and full time employees. 147 148 Sec. 19. Fund 142 "DEA Seized Forfeiture Special Revenue Fund" is hereby renamed "Police Federal and State 149 Seized Assets Special Revenue Fund." The fund balance associated within Fund 142 "DEA Seized Forfeiture Special 150 Revenue Fund" apportioned to the City of Virginia Beach's Commonwealth Attorney's Office is hereby transferred 151 to a newly established Fund 140 "Commonwealth Attorney's Federal and State Seized Assets Special Revenue 152 Fund." 153 154 Sec. 20. At the request of the School Board, Fund 104 "Green Run Collegiate" is hereby established in the 155 Operating Budget to allow the segregation of funding for the Charter School. 156 157 Sec. 21. The $1,000,000 from the Fund Balance of the General Fund is hereby appropriated to the Department of 158 Finance's FY 2014-15 Operating Budget. 159 160 Sec. 3:922. Violation of this ordinance may result in disciplinary action by the City Manager against the person or 161 persons responsible for the management of the Appropriation Unit in which the violation occurred. 162 163 Sec.4023. This ordinance shall be effective on July 1, 2014. The portion of Section 17 addressing the 164 requirements of VRS and the payroll period that crosses fiscal years shall be effective June 22, 2014. 165 166 Sec. 24:24. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 167 shall not affect the validity of the remaining parts of this ordinance. 168 169 170 171 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 1 Slay of May, 2014. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: t) (4 -AA 0, Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations FY 2014-15 Proposed 002 General Fund 815,543 Agriculture 635,538 Benefits Administration Board of Equalization 9,141 Budget and Management Services 1,639,851 Circuit Court 1,089,739 City Attorney 4,084,871688 272 City Auditor 582,372 City Clerk 2,825,204 City Manager City Real Estate Assessor 3,222,977 City Treasurer 5,572,935 Clerk of the Circuit Court 3,143,523 Commissioner of the Revenue 4,198,633 Commonwealth's Attorney 7,990,185 Communications and Information Technology 23,072,926 Community Organization Grants 409,126 Computer Replacement Program 981,412 Convention and Visitor Bureau 9,185,890 Cultural Affairs 2,299,922 Debt Service 48,274,437 Economic Development 3,059,915 Emergency Communications and Citizen Services 10,325,988 Emergency Medical Services 9,217,994 Employee Special Benefits 7,808,875 Finance 5,148,564 Fire 47,519,420 General District Court 373,039 General Registrar 1,378,780 Health 3,202,360 Housing and Neighborhood Preservation 1,801,299 Human Resources 4,318,769 Human Services 109,600,169 Independent Financial Services 153,878 Juvenile and Domestic Relations District Court 131,995 Juvenile Probation 1,652,897 Leases 1,658,262 Library 17,641,624 Magistrates 93,604 Municipal Council 530,887 Municipal Solid Waste Management 750,000 Museums 11,357,390 Parks and Recreation 13,655,605 Planning 10,340,971 Police 95,679,304 Public Works 66,589,842 Regional Participation 1,958,440 Reserve for Contingencies 5,457,845 Revenue Reimbursements 15,385,969 Strategic Growth Area 6,754,723 Transfer to Other Funds 433,079,971 Vehicle Replacements 5,107,514 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations 098 School Reserve Special Revenue Fund Transfer to Other Funds FY 2014-15 Proposed Fund 002 Appropriation Totals 1,012,458,390 16,000,000 Fund 098 Appropriation Totals 16,000,000 104 Green Run Collegiate Charter School Administration, Attendance, and Health 8,000 Instruction 2,233,351 Operations and Maintenance 21,400 Pupil Transportation 159,128 Technology 25,000 Fund 104 Appropriation Totals 2,446,879 107 School Equipment Replacement Special Revenue Fund Reserve for Contingencies 369,641 Fund 107 Appropriation Totals 369,641 108 School Instructional Technology Fund Instructional Technology 159,700 Fund 108 Appropriation Totals 159,700 109 School Vending Operations Fund Vending 220,289 Fund 109 Appropriation Totals 220,289 112 School Communication Tower Technology Fund Instructional Technology 600,000 Fund 112 Appropriation Totals 600,000 114 School Cafeteria Fund Cafeteria 30,278,999 Fund 114 Appropriation Totals 30,278,999 115 School Operating Fund Administration, Attendance, and Health 22,675,243 Debt Service 45,507,225 Instruction 533,735,053 Operations and Maintenance 87,505,569 Pupil Transportation 31,026,585 Technology 27,687,623 Fund 115 Appropriation Totals 748,137,298 116 School Grants Fund Grants 63,534,234 Fund 116 Appropriation Totals 63,534,234 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations 117 School Textbook Fund Textbook 119 School Athletic Special Revenue Fund Athletic FY 2014-15 Proposed 9,952,535 Fund 117 Appropriation Totals 9,952,535 4,922,642 Fund 119 Appropriation Totals 4,922,642 130 Law Library Fund Library 244,382 Reserve for Contingencies 506 Transfer to Other Funds 57,252 Fund 130 Appropriation Totals 140 Commonwealth Attorney's Fed & State Seized Assets SRF Commonwealth's Attorney Fund 140 Appropriation Totals 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation 149 Sheriff's 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 Reserve for Contingencies Transfer to Other Funds 152 Tourism Investment Program Fund Convention and Visitor Bureau Cultural Affairs Debt Service Parks and Recreation Public Works Reserve for Contingencies Strategic Growth Area Transfer to Other Funds 302,140 400,000 400,000 20,185,225 Fund 147 Appropriation Totals 20,185,225 39,856,062 24,551 Fund 149 Appropriation Totals 39,880,613 3,551,043 365,534 28,464,013 2,719,800 166,832 1,604,094 Fund 151 Appropriation Totals 36,871,316 100,000 50,500 24,229,882 135,128 934,874 5,317 4,251,194 5,307,824 Fund 152 Appropriation Totals 35,014,719 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations 157 Sandbridge Special Service District Spec Rev Fd Transfer to Other Funds FY 2014-15 Proposed 3,930,199 Fund 157 Appropriation Totals 3,930,199 161 Agriculture Reserve Program Special Revenue Fund 220,108 Agriculture 4,101,097 Debt Service Reserve for Contingencies 153,148 Fund 161 Appropriation Totals 4,474,353 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau 10,756,124 Reserve for Contingencies 1,610 Transfer to Other Funds 56,838 Fund 163 Appropriation Totals 10,814,572 166 Sandbridge Tax Increment Financing Fund Future C.I.P. Commitments Transfer to Other Funds Fund 166 Appropriation Totals 169 Central Business District -South TIF (Twn Cntr) Fd Debt Service Transfer to Other Funds 172 Open Space Special Revenue Fund Debt Service Parks and Recreation Public Works Reserve for Contingencies Transfer to Other Funds 174 Town Center Special Service District Parks and Recreation Town Center Special Tax District Transfer to Other Funds 7,000,000 1,369,801 8,369,801 7,704,794 150,000 Fund 169 Appropriation Totals 7,854,794 180 Community Development Special Revenue Fund Housing and Neighborhood Preservation Transfer to Other Funds Fund 172 Appropriation Totals Fund 174 Appropriation Totals Fund 180 Appropriation Totals 2,576,042 505,545 15,300 2,676 1,800,000 4,899,563 46,309 1,963,600 386,199 2,396,108 1,797,398 128,858 1,926,256 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 839,091 Fund 181 Appropriation Totals 839,091 11 i City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation FY 2014-15 Proposed 912,891 Fund 182 Appropriation Totals 912,891 183 Grants Consolidated Fund Commonwealth's Attorney 314,442 Emergency Medical Services 375,000 Fire 235,345 Housing and Neighborhood Preservation 1,291,593 Human Services 1,730,342 Police 60,054 Public Works 15,000 Transfer to Other Funds 935,508 Fund 183 Appropriation Totals 4,957,284 241 Water and Sewer Fund Debt Service Public Utilities Reserve for Contingencies Transfer to Other Funds 253 Parking Enterprise Fund Debt Service Reserve for Contingencies Strategic Growth Area Transfer to Other Funds 254 Waste Management Enterprise Fund Public Works Reserve for Contingencies Transfer to Other Funds 255 Storm Water Utility Enterprise Fund Debt Service Public Works Reserve for Contingencies Transfer to Other Funds 310 Old Donation Creek Area Dredging SSD Reserve for Contingencies Transfer to Other Funds 24,384,997 76,656,690 1,386,335 18,271,875 Fund 241 Appropriation Totals 120,699,897 695,363 265,505 1,811,626 599,515 Fund 253 Appropriation Totals 3,372,009 40,599,989 299,533 2,627,847 Fund 254 Appropriation Totals 43,527,369 2,796,529 16,772,058 8,197,105 11,593,385 Fund 255 Appropriation Totals 39,359,077 60,154 6,201 Fund 310 Appropriation Totals 66,355 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations 311 Bavville Creek Neighborhood Dredging SSD Fund Transfer to Other Funds 312 Shadowlawn Area Dredging SSD Transfer to Other Funds 313 Chesopeian Colony Dredging SSD Transfer to Other Funds 314 Harbour Point Dredging SSD Transfer to Other Funds 315 Gills Cove Dredging SSD Reserve for Contingencies 540 General Government Capital Projects Fund Building Capital Projects Coastal Capital Projects Communications and Information Technology Projects Economic and Tourism Development Capital Projects Parks and Recreation Capital Projects Roadways Capital Projects 541 Water and Sewer Capital Projects Fund Water and Sewer Capital Projects 555 Storm Water Capital Projects Fund Storm Water Capital Projects 606 City Garage Internal Service Fund Public Works Reserve for Contingencies Fund 311 Appropriation Totals Fund 312 Appropriation Totals Fund 313 Appropriation Totals Fund 314 Appropriation Totals Fund 315 Appropriation Totals FY 2014-15 Proposed 51,749 51,749 25,560 25,560 211,391 211,391 15,450 15,450 12,143 12,143 1,966,599 5,713,172 5,167,994 5,120,373 6,196,418 6,396,503 Fund 540 Appropriation Totals 30,561,059 8,000,000 Fund 541 Appropriation Totals 8,000,000 9,514,582 Fund 555 Appropriation Totals 9,514,582 12,933,097 47,330 Fund 606 Appropriation Totals 12,980,427 607 Risk Management Internal Service Fund Finance 14,377,824 Reserve for Contingencies 5,114 Fund 607 Appropriation Totals 14,382,938 1 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations FY 2014-15 Proposed 610 Capital Projects Internal Service Fund City Treasurer 70,000 Commissioner of the Revenue 70,000 Communications and Information Technology 589,875 Economic Development 66,194 Finance 176,754 Public Works 405,973 Reserve for Contingencies 50,000 Fund 610 Appropriation Totals 1,428,796 613 School Landscaping Internal Service Fund Parks and Recreation Reserve for Contingencies 614 School Risk Management Fund School Risk Management 615 City and School Health Insurance Fund City and School Health Insurance 616 Fuels Internal Service Fund Public Works 620 Telecommunications Internal Service Fund Communications and Information Technology Reserve for Contingencies 621 Subscriptions Internal Service Fund Communications and Information Technology Reserve for Contingencies 908 City Beautification Fund Parks and Recreation 909 Library Gift Fund Library 910 Parking Meters - Homeless Donation Fund Housing and Neighborhood Preservation 3,896,217 26,807 Fund 613 Appropriation Totals 3,923,024 4,806,319 Fund 614 Appropriation Totals 4,806,319 145,389,250 Fund 615 Appropriation Totals 145,389,250 8,410,504 Fund 616 Appropriation Totals 8,410,504 3,037,849 308,586 Fund 620 Appropriation Totals 3,346,435 Fund 621 Appropriation Totals Fund 908 Appropriation Totals Fund 909 Appropriation Totals Fund 910 Appropriation Totals 3,421,650 288,987 3,710,637 100,000 100,000 15,000 15,000 5,000 5,000 III City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations 911 Parks and Recreation Gift Fund Parks and Recreation Total Budget Appropriations Less Internal Service Funds Less Interfund Transfers NET BUDGET APPROPRIATIONS FY 2014-15 Proposed 55,000 Fund 911 Appropriation Totals 55,000 2,527,079,503 198,378,330 498,234,068 1,830,467,105 City of Virginia Beach, Virginia Fiscal Year 2014-15 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 Utility Tax Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds 098 School Reserve Special Revenue Fund Specific Fund Reserves 104 Green Run Collegiate Charter School FY 2014-15 Proposed 9,627,331 47,600,886 39,964,597 12,148,649 6,706,205 5,548,179 60,016,191 6,017,443 5,292,859 17,617,261 5,092,563 137,161, 976 443,222,611 38,003,613 44,895,159 95,626,175 19,144, 339 2,000,000 16,772,353 Fund 002 Revenue Totals 1,012,458,390 16,000,000 Fund 098 Revenue Totals 16,000,000 Transfers from Other Funds 2,446,879 Fund 104 Revenue Totals 2,446,879 107 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 369,641 108 School Instructional Technology Fund Specific Fund Reserves 109 School Vending Operations Fund Revenue From Local Sources Miscellaneous Revenue Specific Fund Reserves Fund 107 Revenue Totals 369,641 159,700 Fund 108 Revenue Totals 159,700 192,550 27,739 Fund 109 Revenue Totals 220,289 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 112 School Communication Tower Technology Fund Revenue From Local Sources From the Use of Money and Property Specific Fund Reserves 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 Operating 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 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 FY 2014-15 Proposed 260,000 340,000 Fund 112 Revenue Totals 600,000 12,537,655 7,000 200,000 500,000 16,254,782 779,562 Fund 114 Revenue Totals 30,278,999 2,203,383 465,000 786,703 252,592,470 70,065,298 16,453,899 405,570,545 Fund 115 Revenue Totals 748,137,298 3,299,327 16,021,049 44,213,858 Fund 116 Revenue Totals 63,534,234 100,000 10,000 3,959,589 5,882,946 Fund 117 Revenue Totals 9,952,535 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 119 School Athletic Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue 130 Law Library Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Specific Fund Reserves FY 2014-15 Proposed 494,000 5,000 4,423,642 Fund 119 Revenue Totals 4,922,642 Fund 130 Revenue Totals 140 Commonwealth Attorney's Fed & State Seized Assets SRF Specific Fund Reserves 147 Federal Section 8 Program Special Revenue Fund Revenue From Local Sources Charges for Services Miscellaneous Revenue Revenue from the Federal Government Transfers from Other Funds 149 Sheriff's Department Special Revenue Fund Revenue From Local Sources Charges for Services 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 Transfers from Other Funds 293,000 4,140 5,000 302,140 400,000 Fund 140 Revenue Totals 400,000 2,182,374 32,000 17,731,193 239,658 Fund 147 Revenue Totals 20,185,225 5,078,588 10,000 10,000 18,010,250 602,250 575,000 15,594,525 Fund 149 Revenue Totals 39,880,613 151 Parks and Recreation Special Revenue Fund Revenue From Local Sources Charges for Services 13,501,870 From the Use of Money and Property 1,579,251 Miscellaneous Revenue 2,200 Permits, Privilege Fees, and Regulatory Licenses 700 Real Estate 17,280,944 Revenue from the Commonwealth Other Sources from the Commonwealth 27,000 Specific Fund Reserves 27,000 Transfers from Other Funds 4,452,351 Fund 151 Revenue Totals 36,871,316 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue FY 2014-15 Proposed 152 Tourism Investment Program Fund Revenue From Local Sources Amusement Tax 5,836,125 Cigarette Tax 934,511 Fines and Forfeitures 740,000 From the Use of Money and Property 651,143 Hotel Room Tax 15,321,383 Miscellaneous Revenue 300 Permits, Privilege Fees, and Regulatory Licenses 73,077 Restaurant Meal Tax 11,458,180 Fund 152 Revenue Totals 35,014,719 157 Sandbridge Special Service District Spec Rev Fd Revenue From Local Sources From the Use of Money and Property Hotel Room Tax Real Estate Specific Fund Reserves Transfers from Other Funds Fund 157 Revenue Totals 161 Agriculture Reserve Program Special Revenue Fund Revenue From Local Sources Real Estate 6,899 798,013 628,909 139,257 2,357,121 3,930,199 4,474,353 Fund 161 Revenue Totals 4,474,353 163 Tourism Advertising Program Special Revenue Fund Revenue From Local Sources Charges for Services 101,198 From the Use of Money and Property 45,700 Hotel Room Tax 5,235,473 Miscellaneous Revenue 27,399 Restaurant Meal Tax 5,404,802 166 Sandbridge Tax Increment Financing Fund Revenue From Local Sources From the Use of Money and Property Real Estate Specific Fund Reserves 169 Central Business District -South TIF (Twn Cntr) Fd Revenue From Local Sources From the Use of Money and Property Hotel Room Tax Miscellaneous Revenue Real Estate Specific Fund Reserves Fund 163 Revenue Totals 10,814,572 27,459 8,139,025 203,317 Fund 166 Revenue Totals 8,369,801 2,000 500,000 400,000 5,367,921 1,584,873 Fund 169 Revenue Totals 7,854,794 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 172 Open Space Special Revenue Fund Revenue From Local Sources Restaurant Meal Tax Specific Fund Reserves 174 Town Center Special Service District Revenue From Local Sources From the Use of Money and Property Real Estate Specific Fund Reserves Transfers from Other Funds 180 Community Development Special Revenue Fund Revenue from the Federal Government Transfers from Other Funds 181 CD Loan and Grant Fund Non -Revenue Receipts Revenue from the Federal Government Transfers from Other Funds 182 Federal Housing Assistance Grant Fund Non -Revenue Receipts Revenue from the Federal Government 183 Grants Consolidated Fund Revenue From Local Sources Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds FY 2014-15 Proposed 4,756,226 143,337 Fund 172 Revenue Totals 4,899,563 Fund 174 Revenue Totals Fund 180 Revenue Totals Fund 181 Revenue Totals Fund 182 Revenue Totals 1,000 1,548,564 696,544 150,000 2,396,108 1,290,671 635,585 1,926,256 125,000 469,967 244,124 839,091 70,000 842,891 912,891 43,632 2,937,719 1,479,133 496,800 Fund 183 Revenue Totals 4,957,284 241 Water and Sewer Fund Non -Revenue Receipts 2,061,135 Revenue From Local Sources Charges for Services 115,799,855 From the Use of Money and Property 357,641 Miscellaneous Revenue 367,343 Revenue from the Federal Government 944,456 Transfers from Other Funds 1,169,467 Fund 241 Revenue Totals 120,699,897 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 253 Parking Enterprise Fund Revenue From Local Sources Charges for Services Fines and Forfeitures From the Use of Money and Property 254 Waste Management Enterprise Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Permits, Privilege Fees, and Regulatory Licenses Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves 255 Storm Water Utility Enterprise Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Federal Government Transfers from Other Funds 310 Old Donation Creek Area Dredging SSD Revenue From Local Sources Real Estate 311 Bayville Creek Neighborhood Dredging SSD Fund Revenue From Local Sources Real Estate 312 Shadowlawn Area Dredging SSD Revenue From Local Sources Real Estate 313 Chesopeian Colony Dredging SSD Revenue From Local Sources Real Estate FY 2014-15 Proposed 3,183,509 180,000 8,500 Fund 253 Revenue Totals 3,372,009 41,676,123 140,000 816,246 150,000 45,000 700,000 Fund 254 Revenue Totals 43,527,369 Fund 255 Revenue Totals Fund 310 Revenue Totals Fund 311 Revenue Totals Fund 312 Revenue Totals Fund 313 Revenue Totals 38,877,647 125,000 60,000 267,411 29,019 39,359,077 66,355 66,355 51,749 51,749 25,560 25,560 211,391 211,391 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 314 Harbour Point Dredging SSD Revenue From Local Sources Real Estate 315 Gills Cove Dredging SSD Revenue From Local Sources Real Estate 540 General Government Capital Projects Fund Transfers from Other Funds 541 Water and Sewer Capital Projects Fund Transfers from Other Funds 555 Storm Water Capital Projects Fund Transfers from Other Funds 606 City Garage Internal Service Fund Revenue From Local Sources Charges for Services Miscellaneous Revenue Specific Fund Reserves 607 Risk Management Internal Service Fund Revenue From Local Sources Charges for Services From the Use of Money and Property 610 Capital Projects Internal Service Fund Revenue From Local Sources Charges for Services 613 School Landscaping Internal Service Fund Revenue From Local Sources Charges for Services 614 School Risk Management Fund Revenue From Local Sources Charges for Services FY 2014-15 Proposed 15,450 Fund 314 Revenue Totals 15,450 Fund 315 Revenue Totals Fund 540 Revenue Totals Fund 541 Revenue Totals Fund 555 Revenue Totals Fund 606 Revenue Totals Fund 607 Revenue Totals Fund 610 Revenue Totals Fund 613 Revenue Totals Fund 614 Revenue Totals 12,143 12,143 30,561,059 30,561,059 8,000,000 8,000,000 9,514,582 9,514,582 12,031,350 124,296 824,781 12,980,427 14,355,938 27,000 14,382,938 1,428,796 1,428,796 3,923,024 3,923,024 4,806,319 4,806,319 1 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 615 City and School Health Insurance Fund Revenue From Local Sources Miscellaneous Revenue 616 Fuels Internal Service Fund Revenue From Local Sources Charges for Services Specific Fund Reserves 620 Telecommunications Internal Service Fund Revenue From Local Sources Charges for Services 621 Subscriptions Internal Service Fund Revenue From Local Sources Charges for Services Miscellaneous Revenue Specific Fund Reserves 908 City Beautification Fund Revenue From Local Sources Miscellaneous Revenue 909 Library Gift Fund Revenue From Local Sources Miscellaneous Revenue 910 Parking 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 FY 2014-15 Proposed 145,389,250 Fund 615 Revenue Totals 145,389,250 7,710,504 700,000 Fund 616 Revenue Totals 8,410,504 3,346,435 Fund 620 Revenue Totals 3,346,435 2,458,458 144,000 1,108,179 Fund 621 Revenue Totals 3,710,637 100,000 Fund 908 Revenue Totals 100,000 15,000 Fund 909 Revenue Totals 15,000 5,000 Fund 910 Revenue Totals 5,000 55,000 Fund 911 Revenue Totals 55,000 2,527,079,503 198,378,330 498,234,068 1,830,467,105 Item-VI-J.3a-2 ORDINANCES/RESOLUTIONS -44- ITEM #63775 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 2) ESTABLISH the tax levy of Ninety -Three Cents ($0.93) per $100 assessed evaluation on real estate for FY 2015 Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 2 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL YEAR 2015 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 5 Sec. 1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 2015 taxes for general purposes on all real estate, 7 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and 8 not otherwise provided for in this ordinance, at the rate of ninety-three ($0.93) 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 10 applied on the basis of one hundred percentum of the fair market value of such real property, except for public 11 service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. It is the 12 intention of the Council that four cents of the tax rate is dedicated, subject to annual appropriation, to provide 13 funding for the Schools to offset the decrease in State funding through the Local Composite Index„ and two cents 14 of the tax rate is dedicated, subject to annual appropriation, to offset the State reduction in funding for urban road 15 construction and the increased local obligations under the Line of Duty Act. The Council directs the City Manager in 16 the production of future budgets to provide an analysis of State funding for Schools, urban road construction, and 17 the Line of Duty Act. At such time as the State restores funding above the following benchmarks: funding for 18 Schools at $350M (per annum, net of School Facility Funds); urban road construction at $20M (per annum); and 19 Line of Duty Act at $0 (per annum), the City Manager will recommend a reduction, in whole or in part, to the four 20 cent or two cent tax rate dedication in an amount roughly equal to the increased State funding with a 21 corresponding decrease in the real estate tax rate. 22 23 Sec. 2. Amount of Levy on " - - 24 "Certified Storm Water Management Developments and Property," "Certified Solar Energy Recycling 25 Equipment, Facilities or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real 26 Estate Improved by Erosion Controls, and Certain Wetlands and Riparian Buffers. 27 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 28 the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2015, taxes on all real 29 estate - .. _ (ba) 30 certified by the Department of Environmental Quality as "Certified Storm Water Management Developments and 31 Property," (eb) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, 32 Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (4c) defined by Code of Virginia 33 Section 58.1-3664 as an "Environmental Restoration Site," (ed) improved to control erosion as defined by Code of 34 Virginia § 58.1-3665, or (#e) qualifying as wetlands and riparian buffers as described by Code of Virginia § 58.1- 35 3666, not exempt from taxation, at a rate of ninety-three cents ($0.93) on each one hundred dollars of assessed 36 valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one hundred 37 percentum of fair market value of such real property except for public service property, which shall be on the basis 38 as provided in Section 58.1-2604 of the Code of Virginia. 39 40 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 41 There shall be levied and collected for fiscal year 2015, taxes for the special purpose of providing beach 42 and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service 43 District, not exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed 44 value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this 45 ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the 46 City Code, or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 47 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in 48 Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred 49 percentum of the fair market value of such real property except for public service real property, which shall be on 50 the basis as provided in Section 58.1-2604 of the Code of Virginia. 51 52 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 53 For the special purpose of operating and maintaining the parking garage and providing enhanced services 54 for the plaza and public spaces within the boundaries of the service district at the Town Center, as well as other 55 additional services authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2015, 1 56 taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at the rate of 57 forty-five cents ($0.45) on each one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall 58 be in addition to the real estate tax set forth in Section 1 of this ordinance. For real property that qualifies for Land 59 Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption, Deferral or Freeze for Elderly 60 and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code, this real estate tax rate shall be 61 applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax 62 rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real 63 property, except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of 64 the Code of Virginia. 65 66 Sec. 5. Amount of Levy on "Energy -Efficient Buildings". 67 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, 68 there shall be levied and collected for general purposes for the fiscal year 2015, taxes on all real estate that has 69 been classified as an energy efficient building, not exempt from taxation, at a rate of seventy-eight cents ($0.78) 70 on each one hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall 71 be applied on the basis of one hundred percentum of fair market value of such real property except for public 72 service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 73 74 Sec. 6. Amount of Levy on Properties Listed in the Virginia Landmarks Register. 75 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, 76 there shall be levied and collected for general purposes for the fiscal year 2015, taxes on buildings that are 77 individually listed on the Virginia Landmarks Register, not including the real estate or land on which the building is 78 located, so long as the building is maintained in a condition such that it retains the characteristics for which it was 79 listed on the Virginia Landmarks Register at a rate of forty-nine ($0.49) on each one hundred dollars of assessed 80 valuation thereof. The real property tax rate imposed in this section shall be applied on the basis of one hundred 81 percentum of fair market value of such real property except for public service property, which shall be on the basis 82 as provided by Section 58.1-2604 of the Code of Virginia. 83 84 Sec. 7. Amount of Levy on Real Estate Within the Various Dredging Special 85 Service Districts. 86 There shall be levied and collected for fiscal year 2015, taxes for the special purpose of providing 87 neighborhood channel dredging of creeks and rivers to maintain existing uses on all real estate within the -Old 88 Donation Special Service District, not exempt from taxation, at the rate of eighteen and four tenths cents ($0.184) 89 on each one hundred dollars ($100) of assessed value thereof each special service district listed below: 90 a. Old Donation Special Service District, not exempt from taxation, at the rate of eighteen and four - 91 tenths cents ($0.184) on each one hundred dollars ($100) of assessed value thereof. 92 b. Bayville Creek Special Service District, not exempt from taxation, at the rate of thirty six and three - 93 tenths cents ($0.363) on each one hundred dollars ($100) of assessed value thereof. 94 c. Shadowlawn Special Service District, not exempt from taxation, at the rate of fifteen and nine -tenths 95 cents ($0.1594) on each one hundred dollars ($100) of assessed value thereof. 96 d. Chesopeian Special Service District, not exempt from taxation, at the rate of twenty nine and one - 97 tenths cents ($0.2913) on each one hundred dollars ($100) of assessed value thereof. 98 e. Harbour Point Special Service District, not exempt from taxation, at the rate of seven and nine -tenths 99 cents ($0.079) on each one hundred dollars ($100) of assessed value thereof. 100 f. Gills Cove Special Service District, not exempt from taxation, at the rate of six and three -tenths cents 101 ($0.063) on each one hundred dollars ($100) of assessed value thereof. 102 103 This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. 104 Except as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply 105 without reduction to any properties subject to ad valorem taxes including those properties enrolled in the 106 Exemption, Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set forth in Code of 107 Virginia, section 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of 108 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the 109 basis of one hundred percentum (100%) of the fair market value of such real property except for public service real 110 property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 111 112 113 114 115 116 each ornc heedied della-rs-($100) of assessed value t-liefeef. This real estate tax rate shall be in addition to the real 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Sec. 40.8 Severability. 141 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 142 shall not affect the validity of the remaining portions of this ordinance. 143 144 Sec.14.9 Effective Date. 145 The effective date of this ordinance shall be July 1, 2014. 146 147 Adopted by the City Council of the City of Virginia Beach, Virginia on this 13day of May, 2014. 148 149 There shall bc levied and collected for fiscal year 2015, taxes for the special purpose of providing 2604 of the Code of Virginia. Thcrc shall bc levied and collected for fiscal year 2015, taxes for the special purpose of providing valorem taxes including those properties enrolled in the Exc he basis of one hundred percentum (100%) of the fair in Section 58.1 2604 of the Code of Virginia. • Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: 2S - Budget and Management Services APPROVEQ AS TO LEGAL SUFFICIENCY: Cif ney's t6fficel- Item-VI-J.3a-3 ORDINANCES/RESOLUTIONS -45- ITEM #63776 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 3) ESTABLISH the tax levy of Four Dollars ($4.00) per $100 assessed evaluation on personal property and machinery and tools for the Calendar Year 2015 Voting.• 10-1 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None May 13, 2014 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE 3 CALENDAR YEAR 2015 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 Sec. 1. Amount of Levy on the General Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for 8 general purposes for the calendar year 2015 on all tangible personal property, including all separate classifications 9 of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in 10 this ordinance, at the rate of three dollars and seventy cents ($3.70) four dollars ($4.00) on each one hundred 11 dollars ($100) assessed valuation thereof. 12 13 Sec. 2. Personal Property Tax Relief. 14 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not 15 otherwise exempted from taxation in this ordinance or by law, shall be subject to the following: 16 1 Any qualifying -vehicle with a total assessed value of $1,000 or Tess will be levied no tax. 17 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 45% of 18 the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state 19 under the Personal Property Tax Relief Act equal to the remaining 55% of the computed tax on the first $20,000 of 20 assessed value. 21 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 45% of the computed 22 tax based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in 23 excess of $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to 24 the remaining 55% of the computed tax on the first $20,000 of assessed value. 25 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the City 26 Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due 27 without regard to any former entitlement to state relief, plus applicable penalties and interest, to any taxpayer 28 whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on 29 September 1, 2006, or such earlier date as reimbursement with respect to such bill is no longer available from the 30 Commonwealth, whichever earlier occurs. Penalties and interest with respect to bills issued pursuant to this 31 section shall be computed on the entire amount of tax owed. Interest shall be computed from the original due 32 date of the tax. 33 34 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property 35 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for 36 general purposes for the calendar year 2015 on the certain classifications of tangible personal property set forth 37 below at the rate of three dollars and seventy ccnts ($3.70) four dollars ($4.00) on each one hundred dollars 38 ($100) assessed valuation thereof. 39 a. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (8); 40 b. computer equipment as described in Code of Virginia § 58.1-3506 (A) (11); 41 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution 42 control equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or 43 devices and certified recycling equipment, facilities or devices"; 44 d. furniture, office, and maintenance equipment as described in Code of Virginia § 58.1-3506 (A) (24); 45 e. all tangible personal property employed in a trade or business other than described in subdivisions A 46 1 through A 18, except for subdivision A 17, of § 58.1-3503 as described in Code of Virginia § 58.1-3506 (A) (26); 47 f. programmable computer equipment and peripherals employed in a trade or business ad described in 48 Code of Virginia § 58.1-3506 (A) (27); 49 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 50 58-1-3506 (A) (31); 51 h. forest harvesting and silvicultural activity as described in Code of Virginia § 58-1-3506 (A) (33); 52 i. equipment used primarily for research, development, production or provision of biotechnology as 53 described in Code of Virginia § 58-1-3506 (A) (34); 54 j. tangible personal property which is owned and operated by a service provider who is not a CMRS 55 provider and is not licensed by the FCC used to provide, for a fee, wireless broadband Internet service as described 56 in Code of Virginia § 58-1-3506 (A) (37). 57 58 Sec. 4. Amount of Levy on Manufactured Homes. 59 There shall be levied and collected for general purposes for the calendar year 2015 taxes on all vehicles 60 without motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of 61 the Code of Virginia, at the rate of ninety-three cents ($0.93) on each one hundred dollars ($100) of assessed 62 valuation thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) 63 (10). 64 65 Sec. 5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 66 There shall be levied and collected for general purposes for the calendar year 2015 taxes on all boats or 67 watercraft used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons 68 or more), except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on 69 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible 70 personal property in Sections 58.1-3506 (A) (35) and (A) (36). 71 72 Sec. 6. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 73 There shall be levied and collected for general purposes for the calendar year 2015 taxes on all boats or 74 watercraft not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or 75 more, except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each 76 one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible 77 personal property in Sections 58.1-3506 (A) (1) (a) and (A) (1) (b). 78 79 Sec. 7. Amount of Levy on Machinery and Tools. 80 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for 81 general purposes for the calendar year 2015 taxes on machinery and tools, including machinery and tools used 82 directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the 83 rate of one millionth of one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As 84 provided by Code of Virginia § 58.1-3506 (B), the following personal property shall also be taxed at the rate of 85 machinery and tools: 86 a. all tangible personal property used in research and development businesses, as described in Code of 87 Virginia § 58.1-3506 (A) (7); 88 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and 89 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more 90 used to transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of 91 Virginia § 58.1-3506 (A) (25). 92 93 Sec. 8. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 94 There shall be levied and collected for general purposes for the calendar year 2015 taxes on all privately 95 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent 96 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate 97 class of tangible personal property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29). 98 99 Sec. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes 100 Used for Recreational Purposes Only, and Privately Owned Horse Trailers. 101 There shall be levied and collected for general purposes for the calendar year 2015 taxes at the rate of 102 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the 103 following property: (a) all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the 104 Code of Virginia and privately owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for 105 recreational purposes only; and (b) privately owned trailers as defined in § 46.2-100 of the Code of Virginia that 106 are designed and used for the transportation of horses, except those trailers described in subdivision (A) (11) of § 107 58.1-3505 of the Code of Virginia. Such property declared a separate class of tangible personal property in Sections 108 58.1-3506 (A) (18) and (A) (30). 109 110 Sec. 10. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 111 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2015 at the 112 rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) 113 motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an 114 arm or a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of 115 Veterans' Affairs. Any motor vehicles in addition to the one (1) so taxed shall not qualify for the taxation at the rate 116 established herein, and shall be taxed at the rate or rates applicable to that class of property. To qualify, the 117 veteran shall provide a written statement to the Commissioner of the Revenue from the Department of Veterans' 118 Affairs that the veteran has been so designated or classified by the Department of Veterans' Affairs as to meet the 119 requirements of Section 58.1-3506 (A) (19), and that his or her disability is service connected. Such property 120 declared a separate class of tangible personal property in Section 58.1-3506 (A) (19). 121 122 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty -Five 123 Years of Age or Anyone Found to be Permanently and Totally Disabled. 124 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, 125 levied and collected for general purposes for calendar year 2015, at the rate of three dollars ($3.00) on each one 126 hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily 127 by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled, as defined 128 in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions: 129 1. The total combined income received, excluding the first $7,500 of income, from all sources 130 during calendar year 2014 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 131 ($22,000). 132 2. The owner's net financial worth, including the present value of all equitable interests, as of 133 December 31 of calendar year 2014, excluding the value of the principal residence and the land, not exceeding one 134 (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000). 135 3. All income and net worth limitations shall be computed by aggregating the income and assets, 136 as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of 137 the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of 138 how such motor vehicle may be titled. 139 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over 140 or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been 141 satisfied. 142 143 Sec. 12. Assessed Value Determination. 144 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above 145 sections shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for 146 the City of Virginia Beach. 147 148 Sec. 13. Severability. 149 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 150 shall not affect the validity of the remaining portions of this ordinance. 151 152 Sec. 14. Effective Date. 153 This ordinance shall be effective January 1, 2015. 154 155 156 157 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13day of May, 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: a -L,,,) 0 Budget and Management Services APPROVED AS TO LEG SUFFICIENCY: £ity A o ey's ce Item-VI-J.3a-4 ORDINANCES/RESOLUTIONS -46- ITEM #63777 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 4) APPROPRIATE $106,008 to the Reserve for Future Commitment and DECLARE $7,000,000 as surplus within the Sandbridge Tax Increment Financing District (TIF) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE TO APPROPRIATE $106,008 AND DECLARE 2 $7,000,000 OF FUNDING WITHIN THE SANDBRIDGE TAX 3 INCREMENT FINANCING DISTRICT AS SURPLUS FUNDS IN 4 THE FY 2013-14 OPERATING BUDGET 5 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special 6 Service District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration 7 and management at Sandbridge; 8 9 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that 10 funding is adequate for long-term beach and shoreline restoration and management along Sandbridge; 11 12 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient 13 funding to meet long-term obligations for beach and shoreline restoration and management; 14 15 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the 16 project; and 17 18 WHEREAS, $ 7,3507900 7,000,000 is available as an unencumbered appropriation in the FY 2013-14 19 Sandbridge TIF Reserve for Future Commitments. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 (1) That $ X59,900 7,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess 24 of the Tong -term obligations for beach and shoreline restoration and management and is hereby declared surplus. 25 26 (2) That $236,381 106,008 is hereby appropriated from the fund balance of the Sandbridge Tax 27 Increment Financing District to the FY 2013-14 Sandbridge TIF Reserve for Future Commitment and $ X50,000 28 7,000,000 is hereby transferred within the FY 2013-14 Operating Budget from the Sandbridge TIF to the General 29 Fund — Unappropriated Real Estate Tax Revenues. 30 31 32 33 34 35 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2014. Adopted by the City Council of the City of Virginia Beach, Virginia, on this13 day of May, 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Budget and Management Services APP.ROVED-AS O LEGAL).JFFICIENCY: i it�rr ttoqD's Offjc Item-VI-J.3a-5 ORDINANCES/RESOLUTIONS -47- ITEM #63778 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 5) PROVIDE Certification to the Virginia Retirement System (VRS) re member contributions by salary reduction (TIF) Voting: 11-0 Council Members Voting Aye: Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None May 13, 2014 1 A RESOLUTION PROVIDING CERTIFICATION TO THE VIRGINIA 2 RETIREMENT SYSTEM REGARDING MEMBER CONTRIBUTIONS BY 3 SALARY REDUCTION 4 5 WHEREAS, the City of Virginia Beach (VRS #55234) (the "City") employees who are Virginia Retirement 6 System members who commence or recommence employment on or after July 1, 2012, shall be required to 7 contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 8 414(h) on a pre-tax basis upon commencing or recommencing employment; and 9 10 WHEREAS, the City employees who are Virginia Retirement System members and in service on June 30, 11 2012, shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to 12 Internal Revenue Code § 414(h) on a pre-tax basis no later than July 1, 2016; and 13 14 WHEREAS, such employees in service on June 30, 2012, shall contribute a minimum of an additional one 15 percent of their creditable compensation beginning on each July 1 of 2012, 2013, 2014, 2015, and 2016, or until 16 the employees' contributions equal five percent of creditable compensation; and 17 18 WHEREAS, the City may elect to require such employees in service on June 30, 2012, to contribute more 19 than an additional one percent each year, in whole percentages, until the employees' contributions equal five 20 percent of creditable compensation; and 21 22 WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (SB497) requires an 23 increase in total creditable compensation, effective July 1, 2013, to each such employee in service on June 30, 24 2013, who was also in service with the City on June 30, 2012, to offset the cost of the member contributions, such 25 increase in total creditable compensation to be equal to the percentage increase of the member contribution paid 26 by such pursuant to this resolution (For example, if the member contribution paid by the employee increases from 27 two to three percent pursuant to this resolution, the employee must receive a one percent increase in creditable 28 compensation.). 29 30 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City of Virginia Beach (VRS #55234) does hereby certify to the Virginia Retirement System Board of 33 Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 34 2012 Acts of Assembly (SB497) according to the following schedule for the fiscal year beginning July 1, 2014: 35 36 37 38 be made by the City in lieu of member contributions; and 39 40 BE IT FURTHER RESOLVED, that pick up member contributions shall be paid from the same source of funds 41 as used in paying the wages to affected employees; and 42 43 BE IT FURTHER RESOLVED, that member contributions made by the City under the pick up arrangement 44 shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same 45 manner and to the same extent as member contributions made prior to the pick up arrangement; and 46 47 BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to permit or extend an option to 48 VRS members to receive pick up contributions made by the City directly instead of having them paid to VRS; and 49 Plan 1 Percent Plan 2 Percent Employer Paid Member Contribution 2% Employer Paid Member Contribution 0% Employee Paid Member Contribution 3% Employee Paid Member Contribution 5% Total 5% Total 5% BE IT FURTHER RESOLVED, that such contributions, although designated as member contributions, are to 50 BE IT FURTHER RESOLVED, that notwithstanding any contractual or other provisions, the wages of each 51 member of VRS who is an employee of the City shall be reduced by the amount of member contributions picked up 52 by the City on behalf of such employee pursuant to the forgoing resolutions; and 53 54 BE IT FURTHER RESOLVED, that in accordance with the Appropriation Act, no salary increases that were 55 provided solely to offset the cost of required member contributions to the Virginia Retirement System under 56 §51.1-144 of the Code of Virginia will be used to certify that the salary increases required by the Appropriations 57 Act have been provided. 58 59 NOW, THEREFORE, the City Manager or designee is hereby authorized and directed in the name of the 60 City to carry out the provisions of this resolution, and said officers are authorized and directed to pay over to the 61 Treasurer of Virginia from time to time such sums as are due to be paid by the City for this purpose. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of May, 2014. APPROVED AS TO CONTENT: Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: Item -VI-J.3a-6 ORDINANCES/RESOLUTIONS -48- ITEM #63 779 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 6) IMPLEMENT the 2015 Employee and Retiree Health Insurance Plans Voting: 11-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 A RESOLUTION REGARDING THE CITY'S 2015 EMPLOYEE AND 2 RETIREE HEALTH INSURANCE PLANS 3 4 WHEREAS, the next Health Insurance Plan Year takes effect January 1, 2015; 5 6 WHEREAS, the City Council and the School Board have met several times, most recently on 7 March 4, 2014 to discuss plan design changes needed to reduce the cost of the City and School Health 8 Insurance Program; 9 10 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 11 THAT 12 13 1. The City Manager or his designee is hereby authorized to work with the Consolidated Benefits 14 Office to implement the Health Insurance Offerings to City and School Employees as outlined 15 below: 16 17 a. Implement the plan design changes set forth in Attachment A for plan year 2015 and as 18 follows: 19 i. In order to encourage all members of the health insurance program to utilize 20 VBWellnessforLife to improve their overall health and assist in controlling costs, 21 those who elect not to participate will pay an additional premium $500 for 22 health insurance coverage; 23 24 ii. Establish three plan offerings of Point of Service (POS), Plus Preferred Provider 25 Organization (Plus PPO), and Preferred Provider Organization (PPO): 26 1. All plans will cover chiropractic, hearing aids, and routine eye care, but 27 2. All plans will no longer cover infertility treatment, bariatric surgery, or 28 child dependent obstetric (OB) services 29 30 b. Establish an employer contribution strategy is to provide a defined contribution to each 31 tier of each of the three plans offered, equal to the amount needed in the PPO plan to 32 maintain for active employees, ninety-seven percent (97%) coverage for the single 33 subscriber, eighty percent (80%) coverage for dependents, and sixty percent (60%) 34 coverage for an eligible spouse. Retired employees (non -Medicare eligible) would be 35 covered at ninety-one percent (91%) for the single subscriber, eighty percent (80%) 36 coverage for dependents, and sixty percent (60%) coverage for an eligible spouse. 37 38 i. Effective January 1, 2015, spouses will not be eligible to enroll on the City and 39 School Health Insurance plan if they have access to another employer group 40 health plan that meets the Affordability and Minimum Value standards provided 41 by the Affordable Care Act (ACA). To that end, employees will be required to 42 certify that their spouse does not have access to another employer group health 43 plan that meets the Affordability and Minimum Value standards provided by the 44 ACA to gain coverage on the City and School Health Insurance. 45 46 ii. For those members choosing the PPO plan during the 2015 Plan Year, the City 47 and Schools will provide a one-time employer contribution into a Health Savings 48 Account (HSA). This will not be provided to any employee hired after January 1, 49 2015 or open enrollment thereafter. 50 51 iii. Employees hired on or after July 1, 2014, will not receive an employer 52 contribution to retiree health insurance. Per State law (Virginia Code § 15.2- 53 1517), such employees with fifteen years of continuous service with the City or 54 Schools may elect to continue on a City and School Health Insurance Plan upon 55 retirement, but the retiree would be responsible for the full premium cost of 56 the selected plan. 57 58 2. The City Auditor is directed to conduct an audit of health care claims by an independent outside 59 firm. The City Auditor is also directed to perform periodic audits of the health care program as 60 deemed necessary. 61 62 3. The City Auditor is directed to provide for an actuarial valuation of retiree health insurance costs 63 biennially to meet the Government Accounting Standards Board (GASB) 45 pronouncement 64 concerning fully costing out Other Post Employment Benefits. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of May, 2014. APPROVED AS TO CONTENT: ) ft Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: City e •r = s O' ice Attachment A Calendar Year Plan for 2015 Compared to Current Plans Current 2014 Plans 2015 Plans POS HDHP POS Plus PPO PPO Deductibles $300/$600 $1,250/$2,500 $500/$1500 $1,000/$2,000 $1,500/$3,000 (non -embedded) (non -embedded) HSA Funding N/A $500/$500 N/A N/A $500** Out of Pocket Max $1,500/$3,000 $6,250/$12,500 $2,500/$5,000 $3,000/$6,000 $3,500/$7,000 PCP Visit $20/100%* 30% Coinsurance $20/100%* 15% Coinsurance 20% Coinsurance Preventive Visit 100% 100% 100%* 100%* 100%* Specialist Visit $40/100%* 30% Coinsurance $40/100%* 15% Coinsurance 20% Coinsurance Diagnostic $40/100% 30% Coinsurance 10% Coinsurance 15% Coinsurance 20% Coinsurance (X-ray, blood work) Imaging (CT/PET, MRI) $150/100% 30% Coinsurance 10% Coinsurance 15% Coinsurance 20% Coinsurance Inpatient Hospital $500/100% 30% Coinsurance 10% Coinsurance 15% Coinsurance 20% Coinsurance Outpatient Surgery $250/100% 30% Coinsurance 10% Coinsurance 15% Coinsurance 20% Coinsurance Maternity Care $40 OB Confirm/$200 30% Coinsurance $350 Copay* 15% Coinsurance 20% Coinsurance global then 100% Pharmacy*** After Deductible: After Deductible: Preferred $15 $15 $15* $15* $15 Standard $30 $30 $30* $30* $30 25% (min $45, 25% (min $45, 25% (min $45, 25% (min $45, 25% (min $45, Premium max $60) max $60) max $60)* max $60)* max $60) 50% (min $60, 50% (min $60, 50% (min $60, 50% (min $60, 50% (min $60, Premium Plus max $110) max $110) max $110)* max $110)* max $110) Notes: * Deductible does not apply to this service ** PPO $500 HSA contribution offered first plan year ONLY *** Pharmacy copays do not assume participation in the preferred network 7 Item-VI-J.3a-7 ORDINANCES/RESOLUTIONS -49- ITEM #63780 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 7) AMEND §32.5-2 of the City Code re Equivalent Resident Unit (ERU) fees to be Forty-three and Three Tenths Cents ($0.433) per day effective July 1, 2014 Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 2 3 4 5 comment; 6 7 8 9 10 to read as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE EQUIVALENT RESIDENTIAL UNIT (ERU) FEE SECTION AMENDED: § 32.5-2 WHEREAS, City Council held public a hearing on the proposed fee increase to provide for public BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 32.5-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained Sec. 32.5-2. Definitions. The following words and terms used in this section shall have the following meanings: (a) Equivalent residential unit or ERU means the equivalent impervious area of a single-family residential developed property per dwelling unit located within the city based on the statistical average horizontal impervious area of a single-family residence in the city. An equivalent residential unit (ERU) equals two thousand two hundred sixty-nine (2,269) square feet of impervious surface area. (b) ERU rate means the utility fee charged on an equivalent residential unit, which shall be thirty one 2013 forty-three and three -tenth cents ($0.433) per day, effective July 1, 2014. BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this 13 day of May, 2014. APPROVED AS TO CONTENT: G Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: ffice Item-VI-J.3a-8 ORDINANCES/RESOLUTIONS -50- ITEM #63781 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 8) AMEND §12-14.1 of the City Code to increase the Fire Inspection fees to Fifty Dollars ($50) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE TO AMEND SECTION 12-14.1 OF THE CITY CODE 2 PERTAINING TO FIRE INSPECTIONS TO INCREASE THE FEE CHARGED 3 FOR RE -INSPECTIONS 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 That Section 12-49 of the Code of the City of Virginia Beach is hereby amended and reordained to read as 7 follows: 8 9 Sec. 12-49.1. Permits and Inspections Fees. 10 Fees for permits or inspections required by this article or the Virginia Statewide Fire Prevention 11 Code are hereby levied in accordance with the following schedule: 12 (1) Annual fire inspection fee $50.00. 13 However, each business premise located within a structure shall be inspected 14 independently of other areas located in the structure. This fee shall not be levied for the 15 inspection of City or Virginia Beach City Public School facilities. 16 (2) Reinspection fee for second third re -inspection and every subsequent inspection to 17 demonstrate compliance with the Virginia Statewide Fire Prevention Code 50.00 18 25.00 No fee shall be charged for any necessary first or second re -inspection. This fee 19 shall not be levied for the inspection of City or Virginia Beach City Public School facilities. 20 21 22 23 24 25 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this 13day of May, 2014. APPROVED AS TO CONTENT: APP c r 1---1\11—.(bILP) Budget and Management Services S TO LEGAL SUFFICIENCY: /7 City orn-- sO`ice Item-VI-J.3a-9 ORDINANCES/RESOLUTIONS -51- ITEM #63782 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN b. FY 2014-2015 Operating Budget: 9) AMEND §21-330 of the City Code to increase Resort Area parking fees and penalties and dedicate revenues to implement a Resort Area Parking Strategy Voting.• 11-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE TO AMEND SECTION 21-330 OF THE CITY 2 CODE PERTAINING TO PARKING IN METERED SPACES, TO 3 INCREASE CERTAIN PARKING FEES, AND TO DEDICATE 4 REVENUE AND FINES FOR IMPLEMENTATION OF A RESORT 5 AREA PARKING STRATEGY 6 WHEREAS, the original Tourism and Growth Investment Special Revenue Fund ("TGIF") established on 7 February 2, 1993 dedicated fines from parking tickets to the TGIF, which was later transitioned to the Tourism 8 Investment Program Special Revenue Fund; 9 10 WHEREAS, the Parking Enterprise Fund is responsible for staffing and all operational costs to provide a 11 comprehensive enforcement program at the Oceanfront; 12 13 WHEREAS, Resort Area civic leagues have requested enhanced parking management initiatives; 14 15 WHEREAS, the implementation of the Resort Area Parking Strategy will require additional resources to 16 meet the goals of the community; 17 18 WHEREAS, on September 24, 2013, the City Council amended Section 21-358 of the City Code to increase 19 penalties for violations of residential parking restrictions by ordinance (ORD #3306); and 20 21 WHEREAS, the City's comprehensive parking strategy requires additional revenue for enforcement, 22 infrastructure replacement, and maintenance. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 (1) That Section 21-330 of the Code of the City of Virginia Beach, Virginia, is hereby amended and 27 reordained to read as follows: 28 29 Section 21-330. Prepayment of penalty for parking in metered spaces in violation of Division. 30 (a) When a notice is attached to a vehicle pursuant to Section 21-329, the owner of the vehicle may, 31 within fourteen (14) calendar days thereafter, pay to the City Treasurer, in satisfaction of the 32 violation for which the notice was given, a penalty of twenty dollars tw -dam, lmss ($20.00) 33 {$12.00) for each hour or fraction thereof during which such vehicle occupied a parking meter 34 space illegally. Such payment shall constitute a plea of guilty to the violation in question. If such 35 payment is not postmarked or received by the City Treasurer within fourteen (14) calendar days 36 after receipt of such notice, the penalty for each hour or fraction thereof during which such 37 vehicle occupied a parking meter space illegally shall be forty dollars twenty four dollar:, ($40.00) 38 {$24.00). 39 (b) The failure of any owner to make payment in accord with subsection (a) above or present the 40 citation or notice of violation at any office of the City Treasurer for certification to the General 41 District Court, within thirty (30) days shall render such owner subject to a fine of not more than 42 fifty dollars ($50.00) in addition to the penalty set forth in subsection (a). 43 44 (2) That the City Manager is hereby directed to increase the hourly parking meter rate from one dollar 45 fifty ($1.50) to two dollars ($2.00). 46 47 (3) That the City Manager is hereby directed to increase the Resident Discount Fee from two dollars 48 ($2.00) to three dollars ($3.00) for those City parking lots providing a Resident Discount Fee for 49 parking after 5:00 p.m. 50 51 (4) That the Council hereby dedicates, subject to annual appropriation, to the Parking Enterprise Fund 52 the revenue generated from the increased rates, fees, and fines provided in Items (1), (2), and (3), 53 above, and from the increased penalties for violations of residential parking fees enacted by City 54 Council on September 24, 2013 (ORD #3306). 55 56 57 58 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this 1 day of May, 2014. APPROVED AS TO CONTENT: Budget and Management Services APPROVED AS TO LEGAL SUFCIENCY: City dt • e ' Offic Item-VI-J.3a-10 ORDINANCES/RESOLUTIONS -52- ITEM #63783 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 10) AMEND 028-4 through 28-7, ADD 28-4.1, REPEAL §28-8 re Sewer Capital Recovery Fees, AMEND §§ 37-7.1 and 37-8 through 37-11 and REPEAL §37-12 re Water Capital Recovery Fees Voting: 11-0 Council Members Voting Aye. Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE TO AMEND SECTIONS 28-4, 28-5, 28-6 AND 28-7, 2 ADD A NEW SECTION 28-4.1 AND REPEAL SECTION 28-8, PERTAINING 3 TO SEWER CAPITAL RECOVERY FEES, AMEND SECTIONS 37-7.1, 37-8, 4 37-9, 37-10 AND 37-11 AND REPEAL SECTION 37-12, PERTAINING TO 5 WATER CAPITAL RECOVERY FEES 6 7 Section Amended: City Code Sections 28-4, 28-5, 28-6, 28-7, 37-7.1, 37-8, 37-9, 37-10 and 37-11 8 9 Section Added: City Code Section 28-4.1 10 11 Sections Repealed: City Code Sections 28-8 and 37-12 12 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 15 16 That Sections 28-4, 28-5, 28-6, 28-7, 37-7.1, 37-8, 37-9, 37-10 and 37-11 of the City Code are hereby 17 amended and reordained, Section 28-4.1 of the City Code is hereby added, and Sections 28-8 and 37-12 of the City 18 Code are hereby repealed, to read as follows: 19 20 CHAPTER 28. SEWERS AND SEWAGE DISPOSAL 21 22 Article I. In General. 23 24 25 Sec. 28-4. Sewer capital recovery fees, generally. 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 (bi) Notwithstanding the provisions of subsection (b),, hereof, where a use or structure connected to 51 the sanitary public sewer system is reconstructed, expanded or modified, so as to result in an increase in drainage 52 , eennecctien water meter size, 53 the sewer capital recovery fees shall be thirteen dollars ($13.00) per drainage fixture unit added in an amount 54 equal to the difference between the fee corresponding to the size of new water meter installed to serve such use 55 or structure and the fee corresponding to the size of the water meter replaced. (a) The fees prescribed by the following subsections of this section shall be paid as the property owner's share of the cost of the sanitary public sewer cell c4ion system and associated conveyance facilities. Such fees shall be known as " sewer capital recovery fees-" and shall be deemed system revenues, as defined in the Master Water and Sewer Revenue Bond Resolution adopted February 11, 1992. The Building Codc, as amended from time to time. Such fees shall else be applicable to a use or structure presently result in an increase in drainage fixture units, and to a use or structure not presently connected to the sanitary sewer system when such use or structure connects and as otherwise provided in this article. If a property owner has cvioursly paid sanitary sewer -impact connection fees in effect as of June 30, 2014, but has not obtained a building permit for the building or structure to which such fees apply, the property owner may, through December 31, 2014, ;hall be charged the full amount of applicable sanitary sewer connection elect to pay sewer capital recovery fees in the amount prescribed in this article, less a credit of any sanitary sewer impact connection fees previously paid. Any property owner who pays such fees between July 1, 2014 and December 31, 2014 may choose to pay sewer capital recovery fees in the prescribed amount or the applicable amount of sanitary sewer connection fees in effect as of June 30, 2014. v.hcre In cases in which a gravity sewer ser -vice connection to the public sewer system is not available to the property, • . '.ee = the sewer capital recovery fee shall be in amount equal to fifty per cent (50%) of the applicable fee set forth in subsection (a) of section 28-4.1. 56 57 (c) Where the property owner must is required to construct a scwcr or sewers sewage facilities, 58 whichthat are to become a part of the public sewer system; in order to provide service to a specific parcel or 59 parcels, - = - • - :: _ - = _ ' _ ' ' ' the sewer capital recovery fee shall 60 be - " = in an amount equal to twenty-five per cent (25%) of the 61 applicable fee specified in subsection (a) of section 28-4.1. 62 63 64 65 • - • : -, a property to be served discharges through a publicly -owned pump station, and 66 (1) the system installation costs are calculated pursuant to subsection (c) of this section, or (2) the estimated peak 67 sanitary sewer flow exceeds the property's flow allocation, there shall wise be charged a an additional fee in the 68 s44-rn amount of - "= - •, e'•, • • : one thousand, one 69 hundred eighty-seven dollars ($1,187.00) effective July 1, 2009 per gallon per minute/peak flow. "Peak flow" shall 70 be construed to mean the prevailing projected peak flow standards set forth by in the Virginia Department of 71 Public Utilities Design Standards or the actual peak flow, whichever is greater. "Flow 72 allocation" shall mean that portion of the pump station's capacity assigned to the property. 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 subsection (a) of section 28-4.1 for each water meter installed to serve such campground. 93 94 95 96 97 98 99 (3) For temporary uses and structures, the applicable fee shall be determined by the director of public 100 utilities based upon the estimated contribution of wastewater to the public sanitary sewer system from the 101 proposed use or structure. A temporary use or structure shall be one intended to be operated or occupied during 102 a single season or period of time and not thereafter repeated on an annual or other basis. 103 104 44) jg) No building permit shall be valid issued and no water or sewer tap shall be installed for any 105 property until the fees required by this section have been fully paid, except as otherwise provided 106 in this article. 107 108 jg jhl In thc case of existingExistin contractual agreements between property owners and the city 109 regarding fees and waiver of fees, such agreements shall remain in effect. 110 (d) Whenever system installation costs arc calculated pursuant to subsection (c) of this section, and (e) Special sewer connection fees The sewer capital recovery fee for campgrounds or temporary uses connected to any main or interceptor arc the public sanitary sewer system is hereby established. Such fees shall be determined as follows: (1) For campgrounds and other uses operated on a seasonal basis, the fee shall be fifty nine dollars ($59.00), the fee shall be in an amount equal to one-half (1/2) of the applicable sewer capital recovery fee specified in subsection (a) of section 28-4.1 for each water meter installed to serve such campground. For such fee to be applicable, the owner shall first enter into a contract with the city providing that, if such campground is converted to year-round use, the owner shall, at the time of conversion to year-round use, pay the fee prescribed by subdivision (2) hereof, less the amount of any sewer capital recovery fee previously paid on account of such campground. (2) For campgrounds operated on a year-round basis, each campsite or recreational vehicle pad shall be nine dollars ($59.00) the sewer capital recovery fee shall be in an amount equal to the applicable fee under future times as thc campground is converted to year round use, the fees specified in subsections (b) and (c) of this section shall be applicable and that thc owncr shall pay the difference in such fccs at the time of conversion to I 111 (i) Where a property having no water meter is connected to the public sewer system, the sewer 112 capital recovery fee shall be in an amount equal to the applicable fee for a water meter of a size necessary to serve 113 such property, as determined in accordance with the applicable provisions of the Department of Public Utilities 114 Design Standards Manual. 115 116 COMMENT 117 118 The amendments effect a fundamental change in the way sanitary sewer connection fees, which will be 119 known as "sewer capital recovery fees", are calculated. Currently, they are determined on the basis of the 120 number of drainage fixture units (DFUs), a measurement unit for potential water use for a given plumbing 121 fixture or appliance, in a building or structure connected to the public sewer system. The amendments 122 eliminate the DFU as the basis for determining the amount of sewer capital recovery fees and substitute water 123 meter size as the determinant. It is anticipated that the resulting fees will be higher in some instances and 124 lower in others; overall, however, it is expected that the change will not significantly affect total revenue from 125 the fees. 126 127 The amendments establish the amount of sewer capital recovery fees for single-family dwellings, 128 duplexes, triplexes, multiple -family dwellings, non-residential uses and mixed-use buildings having both 129 residential and non-residential uses. In addition, provision is made for certain uses, such as campgrounds, 130 temporary uses and property that is connected to the public sewer system but not to City water and hence has 131 no water meter. 132 133 The amendments also provide for applying credits for prior payments of connection fees where no 134 building permit has been issued and allows property owners the choice in certain circumstances of paying fees 135 under the current DFU-based system or under the new meter -based system. 136 137 Sec. 28-4.1. Sewer capital recovery fees, amount. 138 139 The sewer capital recovery fee shall be determined as follows: 140 141 (a) For single-family and duplex dwellings and triplexes where the dwelling units are separately -metered (per 142 dwelling unit) and for all non-residential uses: 143 144 Meter Size (in inches) Sewer Capital Recovery Fee 145 146 5/8 $ 1,545 147 1 3,863 148 1.5 7.727 149 2 12,363 150 3 23,181 151 4 38,634 152 6 77,268 153 8 123,629 154 10 177,717 155 156 (b) For multiple -family dwellings, the fee shall be in an amount equal to seventy per cent (70%) of the 157 applicable sewer capital recovery fee or reduced fee under section 28-4(c), as the case may be, per dwelling unit. 158 159 (c) For mixed-use and other buildings containing both residential and non-residential uses, separate meters 160 shall be required to serve the residential and non-residential components of the property. Fees shall be payable 161 for each meter serving the property in accordance with this section. 162 163 COMMENT 164 165 The amendments set forth the amounts of the sewer capital recovery fee. Single-family dwellings, 166 duplexes and triplexes that are separately metered and non-residential buildings have the same rate, while the 167 rate for multiple -family dwellings is 70% of the rate for those buildings per dwelling unit. 168 169 Sec. 28-5. Installment, etc., payment of sanitafy sewer senneetien capital recovery fees. 170 171 (a) The director of public utilities is hereby authorized to accept, on behalf of the city, promissory notes for 172 the payment of the sanitary sewer capital conneetien recovery fees due under 173 section 28 4 this article, for single-family residences and duplexes - - - • . The 174 terms of each such note shall be all tap and cleanout fees, given as a down payment, with the full sanitary sewer 175 capital eeee-4n recovery fee to be paid within four (4) years. Installation payments must be made at least 176 annually in four (4) equal installments during the four-year period, but may be made more frequently if agreed to 177 by the owner and the director of public utilities. Interest shall be charged at a rate equal to the Prime Rate for U.S. 178 Banks, as published in the Wall Street Journal, when the installment contract is executed, plus three (3) percentage 179 points, not to exceed twelve (12) percent per annum. 180 181 (b) When a hardship exists, the director of public utilities may allow the down payment prescribed in 182 paragraph subsection (a) abevc, to be paid by installments over a one-year period; or, if the property is being 183 offered for sale, the director of public utilities may enter into an agreement on behalf of the city whereby all fees 184 shall be paid from the proceeds of the sale or within ninety (90) days of the date of the agreement, whichever shall 185 be the sooner. 186 187 188 189 The amendments make technical and stylistic revisions to the current section and allow installment 190 payments to be made in unequal amounts. 191 192 193 Sec. 28-6. Sewer capital recovery fee exemption - i certain elderly ane! 194 handieagped or disabled persons. 195 196 (a) Exemption or partial exemption from payment of the sanitary sewer eel eetion capital recovery fees 197 prescribed by section 28-4 is provided for chain-yreperty owners of single-family dwellings and duplexes who 198 qualify under this section. The exemption is to be administered by the city manager or his authorized designee, 199 herein referred to as the administrator. The administrator is hereby authorized and -eked to prescribe; 200 adopt and enforce such rules _ , - - - - • -, as may be 201 reasonably necessary to determine qualifications for exemption. The administrator may require the production of 202 certified tax returns and appraisal reports to establish income and financial worth. 203 204 (b) Exemptions shall be granted under this section subject to the following provisions: 205 206 (1) Title to the property for which the - exemption is sought must be held or 207 partially held by the applicant continuously for at least one hundred twenty (120) days prior to the installation or 208 scheduled date of installation, whichever comes first, of the public sewer system-; 209 210 (2) The owner of the title or partial title must be sixty-five (65) years of age or older at least one hundred 211 twenty (120) days prior to the installation or scheduled installation date, whichever comes first, of the public 212 sewer system. If such person is under sixty-five (65) years of age, he or she shall possess a certification have been 213 determined by the Social Security Administration, the Veterans Administration, or the , 214 Railroad Retirement Board 215 216 217 218 219 COMMENT .ractice medicine in thc commonwealth, to thc effect that such to be totally disabled, as defined in bseetion "` of this `ection the regulations of the agency making such determination. The affidavit of at least one of such doctors shall be based upon a physical 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 Such determination shall be filed with the administrator at such time as the applicant files an fee application for exemption affidavit., (3) The dwelling to be connected to the public sewer system must be the sole dwelling residence of the applicant claiming exemption-, (4) The total combined income during the immediately preceding calendar year from all sources of the owners of the dwelling living therein and of the owner's relatives living in the dwelling does not exceed twenty- three thousand five hundred dollars ($23,500.00); provided that the first five thousand dollars ($5,000.00) of income of each relative, other than spouse or spouses of the owner or owners living in the dwelling shall not be included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total:; and (5) The net combined financial worth of the owners of the property shall not exceed eighty thousand dollars ($80,000.00), excluding the fair market value of the Mese property to be connected to the public sewer system. Net combined financial worth shall include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. (c) Persons applying for an - - - - - exemption under this section must file with the administrator an fee-exe;,;nion affidavit setting forth, in a manner prescribed by the administrator, the location and value of the property to be connected to the public sewer, the names of the persons related to the owner and occupying the dwelling, their gross combined income and their net combined financial worth. If such applicant is under sixty-five (65) years of age, - ' • - • - • ' a copy of the determination of disability, as set forth in subsection (b)(2) of this sections shall also be filed with the administrator. (d) Where the person claiming an exemption = centai+ned meets the eligibility criteria set forth in this section, the itory Se ^^^tion -gee exemption shall be as shown in the following schedule: Total income, all sources Amount of exemption $ 00.00-15,000.00 15,000.01-17,000.00 17,000.01-19,000.00 19,000.01-21,000.00 21,000.01-23,500.00 (e) If, within twelve (12) months after the fee financial position of the person having the exemption for qualification under this section, exemption shall become due and payable to the city. 100% 80% 60% 40% 20% exemption is obtained under this section, the appliea+ts sheaid change5, se such that it-s-effeet-Yoeufel-be-te-Femeve he or she no longer meets the criteria the amount of the (f) For purposes of this scction, a person is permanently and totally disabled if he is so certified as required in subsection (b)(2) of this scction and is found by thc administrator to be unable to engage in any substantial gainful expected to result in death or can be expected to last for thc duration of such person's life. {gid Any person falsely claiming an exemption provided for by this section shall be guilty of a Class 1 misdemeanor. COMMENT 275 The amendments make technical and stylistic revisions to the current section. In addition, they simplify 276 the provisions regarding exemptions for reasons of disability by requiring that decisions to grant or deny an 277 exemption request be based solely on whether there has been a determination of total disability by the Social 278 Security Administration, Veteran's Administration or Railroad Retirement Board. The revised section no longer 279 requires a finding of permanent disability, as an agency finding of total disability must be based on an 280 impairment that is expected to last at least twelve months. 281 282 Sec. 28-7. Same—Fee certain financially disadvantaged persons generally. 283 (a) Exemption from payment of the sanitary sewer eennectien capital recovery fees prescribed by section 28 284 4 this article is provided for certain financially disadvantaged prepeFty owners of single-family or duplex dwellings 285 who qualify under this section. The exemption is to be administered by the city manager or his authorized 286 designee, herein referred to as the administrator. The administrator is hereby authorized arm-erpeweFed to 287 prescribe, adeptandl-enferse such rules - - = : • • ' _ , ' = = - • , as may 288 be reasonably necessary to determine qualifications for exemption. The administrator may require the production 289 of certified tax returns and appraisal reports to establish income and financial worth. 290 291 (b) Exemptions shall be granted under this section subject to the following provisions: 292 293 (1) Title to the property for which the exemption is sought must be held or partially held by the applicant at 294 least one hundred twenty (120) days prior to the installation or scheduled date of installation, whichever comes 295 first, of the sewer line. 296 297 (2) The dwelling to be connected to the sewer line must be the sole dwelling residence of the applicant 298 claiming exemption. 299 300 (3) The total combined income of the owner and the owner's relatives living in the household during the year 301 immediately preceding the installation must be determined by the administrator a:, shall not exceeding the most 302 recent federally established poverty thresholds. 303 304 (4) The net combined financial worth of the owner shall not exceed twenty thousand dollars ($20,000.00), 305 excluding fair market value of the house to be connected to the sewer line. Net combined financial worth shall 306 include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. 307 308 (c) Persons applying for an exemption under this section must file with the administrator an affidavit, 309 setting forth, in a manner prescribed by the administrator, the location and value of the property to be connected 310 to the line, the names of the persons related to the owner and occupying the dwelling, their gross combined 311 income and their net combined financial worth. 312 (d) Where the person claiming an exemption conforms to the standards, and docs not exceed the 313 meets the eligibility criteria set forth in this section, the exemption shall be one hundred 314 (100) percent per cent (100%) of the sewer capital recovery fee. 315 316 (e) If, within twelve (12) months after an exemption is obtained under this section, the applies 317 financial position of the person having the exemption changes se such that its effect would be to remove the 318 he or she no longer meets the criteria for 319 qualification under of this section, then the person holding the exemption shall the fe€urnd the amount of the 320 exemption shall become due and payable to the city. 321 322 (f) Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 323 1 misdemeanor. 324 325 326 327 328 329 Sec. 28 8. COMMENT The amendments make technical and stylistic revisions to the current section and allow installment payments to be made in unequal amounts. JRESERVED1 330 331 332 333 334 335 336 337 COMMENT 338 The amendments repeal this section, as there are no longer any community development target areas 339 within the City. 340 341 CHAPTER 37. WATER SUPPLY 342 Article I. In General 343 344 Sec. 37-7.1. Water reseurse capital recovery fees generally. 345 346 (a) The fees prescribed by this section shall be paid as the property owner's 347 share of the cost of water resource development and associated distribution facilities. Such fees shall be known as 348 "water capital recovery fees-" and shall be deemed system revenues, as defined in the Master Water and Sewer 349 Revenue Bond Resolution adopted February 11, 1992. The fccs shall be determined on thc basis of the drainage 350 351 352 353 354 355 356 357 358 359 360 361 362 (b) The water capital ftecever+y recovery fees shall be determined as follows: 363 364 (1) Each drainage fixture unit shall be charged a recovery fee according to the following schedule: 365 366 (1) Thirty two dollars ($32.00) per drainage fixture unit from thc effective date of this section until Junc 30, 367 1986. 368 369 (ii) 370 371 {iii) 372 373 (iv) 374 375 {v) 376 377 {2) 378 379 380 381 382 (1) For single-family and duplex dwellings and triplexes where the dwelling units are separately -metered (per 383 dwelling unit) and for all non-residential uses: 384 'stance or homeownership mortgage programs. time. Such fees shall alse be applicable to a use or structure presently connected to the water system whenever a use or structure not presently connected to the water system when such use or structure connects and as otherwise provided in this article. If a property owner has previously paid water lire resource recovery fees in effect as of June 30, 2014, but has not obtained a building permit for the building or structure to which such fees apply, the property owner may, through December 31, 2014, elect to pay • • applicable water capital recovery fees in the amount specified by this article, less a credit of any water lire resource recovery fees previously paid. Any property owner who pays such fees between July 1, 2014 and December 31, 2014 may choose to pay water capital recovery fees in the prescribed amount or the applicable amount of water resource recovery fees in effect as of June 30, 2014. Sixty three dollars ($63.00) per drainage fixture unit from July 1, 1986, to December 31, 1986. Sixty six dollars ($66.00) per drainage fixture until effective November 24, 1987. Seventy nine dollars ($79.00) per drainage fixture from July 1, 2008, to Junc 30, 2009. Ninety two dollars ($92.00) per drainage fixture effective July 1, 2009. In all cases where a plumbing fixture is not specifically described in thc Uniform Statewide Building Code 385 Meter Size (in inches) Water Capital Recovery Fee 386 387 5/8 $ 2,267 388 1 5.667 389 1.5 11.333 390 2 18,133 391 3 34,000 392 4 56,667 393 6 113,334 394 8 181,334 395 10 260,668 396 397 (2) For multiple -family dwellings, the fee shall be in an amount equal to seventy per cent (70%) of the 398 applicable water capital recovery fee, per dwelling unit. 399 400 (3) For mixed-use and other buildings containing both residential and non-residential uses, separate meters 401 shall be required to serve the residential and non-residential components of the property. Fees shall be payable 402 for each meter serving the property in accordance with this section. 403 404 (4) Where a use or structure connected to the public water system is reconstructed, expanded or modified so 405 as to result in an increase in water meter size, the water capital recovery fee shall in an amount equal to the 406 difference between the fee corresponding to the size of new water meter installed to serve such use or structure 407 and the fee corresponding to the size of the water meter replaced. 408 409 (c) In the event of a dispute as to the amount of fees owed, the property owner may appeal the department 410 of public utilities' decision to the city manager or his designee and, thereafter, to city council. 411 412 {G.)ll No building or plumbing permit shall be issued for any property, and if issued, such permit shall not be 413 valk17-u-Rtil unless the fees provided for in this section have been paid in full. 414 415 {d} (e) In the case of existing Existin contractual agreements between property owners and the city regarding 416 water feseu e -impact capital recovery fees or their equivalent and waiver of -•atcr rc sone `mpact such fees7 417 h ag eeffie ' shall remain in effect. 418 419 COMMENT 420 The revisions to this section are similar to those effected by the amendments to the sections on sewer 421 connection fees. The term for the new fees is "water capital recovery fee", which replaces the current "water 422 resource recovery fee." 423 424 Sec. 37-8. Water resource recovery fee account. 425 All moneys collected as water fcsourcc capital recovery fees under section 37 7.1 shall be deposited into a special 426 account to be known as the "water fesetwee capital recovery fee account." Moneys shall be disbursed from this 427 account to pay costs of projects designed to develop sources of water supply and distribution facilities for the city. 428 429 COMMENT 430 431 The section updates the name of the special account into which water capital recovery fees are 432 deposited to reflect the new term for the fees. 433 Sec. 37-9. Installment, etc., payment of eeneeetiee water capital recovery charges fees. 434 435 (a) The director of public utilities is hereby authorized to accept, on behalf of the city, notes for the payment 436 of fesevefy the fees due under subsections (b)(1) and (b)(2) of section 37-7.1 for single-family residences and 437 duplexes - - - . The terms of such note shall be all tap and meter fees, given as a 438 down payment, with the full remaining fees to be paid within four (4) years. Installment payments must be made 439 at least annually in four (4) equ.a4 installments during the four-year period, but may be made more frequently if 440 agreed to by the owner and the director of public utilities. Interest shall be charged at a rate equal to the Prime 441 Rate for U.S. Banks, as published in the Wall Street Journal, when the installment contract is executed, plus three 442 (3) percentage points, not to exceed twelve (12) percent per annum. 443 444 (b) When a hardship exists, the director of public utilities may allow the down payment prescribed in 445 paragraph (a) above, to be paid by installments over a one-year period; or, if the property is being offered for sale, 446 the director of public utilities may enter into an agreement on behalf of the city whereby all fees shall be paid from 447 the proceeds of the sale or within ninety (90) days of the date of the agreement, whichever shall be the sooner. 448 COMMENT 449 450 The amendments are similar to those made in Section 28-5 above, but pertain to water capital recovery fees. 451 452 Sec. 37-10. Recovery Water capital recovery fee exemptions—Fef certain elderly awl-haadisa ped or 453 disabled persons. 454 455 (a) Exemption or partial exemption from payment of the water capital recovery fees prescribed by section 456 37-7.1 is provided for eer-trai-Fi–pFepeFty owners of single-family dwellings and duplexes who qualify under this 457 section. The exemption is to be administered by the city manager or his authorized designee, herein referred to as 458 the administrator. The administrator is hereby authorized and empowered to prescribe; adept a ee such 459 rules = , "'' =- _- •, as may be reasonably necessary to 460 determine qualifications for exemption. The administrator may require the production of certified tax returns and 461 appraisal reports to establish income and financial worth. 462 463 (b) Exemptions shall be granted under this section subject to the following provisions: 464 465 (1) Title to the property for which the recovery fee exemption is sought must be held or partially held by the 466 applicant continuously for at least one hundred twenty (120) days prior to the installation, or scheduled date of 467 installation, whichever comes first, of the water line; 468 469 470 471 472 473 474 475 476 477 478 479 480 time as the applicant files a watcr'inc fcc an application for exemption affidavit.i 481 482 (3) The dwelling to be connected to the water line must be the sole dwelling of the applicant claiming 483 exemption°i 484 485 (4) The total combined income during the immediately preceding calendar year from all sources of the 486 owners of the dwelling living therein and of the owner's relatives living in the dwelling does not exceed twenty - 487 three thousand five hundred dollars ($23,500.00); provided that the first five thousand dollars ($5,000.00) of 488 income of each relative, other than spouse or spouses of the owner or owners living in the dwelling, shall not be 489 included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any 490 portion thereof of income received by a permanently and totally disabled owner shall not be included in such 491 total:; and 492 493 (5) The net combined financial worth of the owners of the property shall not exceed eighty thousand dollars 494 ($80,000.00), excluding the fair market value of the house property to be connected to the water line. Net (2) The owner of the title or partial title must be sixty-five (65) years of age or older at least one hundred twenty (120) days prior to the installation or scheduled installation date, whichever comes first, of the water line. If such person is under sixty-five (65) years of age, he or she shall possess a certification have been determined by the social security administration, the veterans administration, or the railroad retirement board, or if such person to the effect that such person is be p totally disabled, as defined in subsection (f) of this section the regulations of the agency making such determination. at lust one of such doctors shall be based upon a physical examination of such person by such doctor. The subsection (f) of this section. Such determination shall be filed with the administrator at such 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 combined financial worth shall include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. (c) Persons applying for recovery fee exemption under this section must file with the administrator a recovery fee exemption affidavit, setting forth, in a manner prescribed by the administrator, the location and value of the property to be connected to the water line, the names of the persons related to the owner and occupying the dwelling, their gross combined income and their net combined financial worth. If such applicant is under sixty- five (65) years of age, • - . - . ' a copy of the determination of disability, as set forth in subsection (b)(2) of this section, shall also be filed with the administrator. (d) Where the person claiming an exemption conforms to the standards and does not exceed the limitations contained in this section, the recovery fce exemption shall be as shown in the following schedule: Total income, all sources $ 00.00-15,000.00 15,000.01-17,000.00 17,000.01-19,000.00 19,000.01-21,000.00 21,000.01-23,500.00 Exemption 100% 80% 60% 40% 20% (e) If, within twelve (12) months after the reeevefy fee exemption is obtai applicant':, financial position of the person receiving the exemption shetr�d changel. the criteria for qualification under this section, ned under this section, the se such that its egeet uld he or she no longer meets the amount of the exemption shall become due and payable to the city. {f) For purposes of this section, a person is permanently and totally disabled if he is so certified as required in expected to result in doth or can be expected to last for the duration of such person's life. {g4 ,(a Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 1 misdemeanor. COMMENT The amendments are similar to those made in Section 28-6 above, but pertain to water capital recovery fees. Sec. 37-11. Same—Fef certain financially disadvantaged persons generally. (a) Exemption from payment of the feeevery fees prescribed by section 37-7.1 is provided for certain financially disadvantaged pm -petty owners of single-family or duplex dwellings who qualify under this section. The exemption is to be administered by the city manager or his authorized designee, herein referred to as the administrator. The administrator is hereby authorized and empowered to prescribe, such rules • • _ _' _ , as may be reasonably necessary to determine qualifications for exemption. The administrator may require the production of certified tax returns and appraisal reports to establish income and financial worth. (b) Exemptions shall be granted under this section subject to the following provisions: (1) Title to the property for which the recovery fee exemption is sought must be held or partially held by the applicant at least one hundred twenty (120) days prior to the installation, or scheduled date of installation, whichever comes first, of the water line. 550 (2) The dwelling to be connected to the water line must be the sole dwelling of the applicant claiming the 551 exemption. 552 553 (3) The total combined income of the owner and the owner's relatives living in the household during the year 554 immediately preceding the installation - - - shall not exceeding the most 555 recent federally established poverty thresholds. 556 557 (4) The net combined financial worth of the owner shall not exceed twenty thousand dollars ($20,000.00), 558 excluding the fair market value of the house to be connected to the water line. Net combined financial worth shall 559 include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. 560 561 (c) Persons applying for a recovery fee exemption under this section must file, with the administrator, a 562 recovery fee exemption affidavit setting forth, in a manner prescribed by the administrator, the location and value 563 of the property to be connected to the line, the names of the persons related to the owner and occupying the 564 dwelling and their gross combined income and their net combined financial worth. 565 566 (d) Where the person claiming an exemption conforms to the standards and does not exceed the limitations 567 contained in this section, the wee exemptions-shall be one hundred (100) percent of the water capital 568 recovery fee. 569 570 (e) If, within twelve (12) months after the emery fee exemption is obtained under this section, the 571 applicant's financial position of the person receiving the exemption 51ci change15e such that 572 - _ . . . .. . . . . .. . . . . .. he or she no longer meets 573 the criteria for qualification under this section, - - - - - - - • - - = the amount of 574 the exemption shall become due and payable to the city. 575 576 (f) Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 577 1 misdemeanor. 578 579 580 581 The amendments are similar to those made in Section 28-7 above, but pertain to water capital recovery fees. 582 583 584 585 586 587 588 589 590 591 592 593 594 595 within the City. 596 COMMENT COMMENT The amendments repeal this section, as there are no longer any community development target areas 597 598 599 600 601 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That this ordinance shall take effect on July 1, 2014. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13day of May, 2014. APPROVED AS TO CONTENT: Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: Item-VI-J.3a-11 ORDINANCES/RESOLUTIONS -53- ITEM #63784 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 11) AMEND §§ 35-64 and 35-67 of the City Code re Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons by increasing net worth limits Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE TO AMEND SECTIONS 35-64 AND 35-67 OF 2 THE CITY CODE PERTAINING TO THE EXEMPTION OR 3 DEFERRAL OF REAL ESTATE TAXES FOR ELDERLY OR 4 DISABLED PERSONS 5 SECTIONS AMENDED: §§ 35-64 AND 35-67 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 8 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as 9 follows: 10 11 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc. 12 (a) Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division 13 shall be granted to persons subject to the following provisions: 14 15 (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially 16 held, on June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, 17 deferral or freeze and is occupied as the sole dwelling of such person or persons. 18 19 (2) The head of the household occupying the dwelling and owning title or partial title thereto or 20 either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty - 21 five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided, 22 however, that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years 23 of age. 24 25 (3) For the tax exemption programs, the total combined income received from all sources during 26 the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and 27 (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty three thousand four hundred 28 and fifty dollars four thousand six hundred and seventy five dollars ($63,450) ($64,675) provided that the first ten 29 thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the 30 dwelling, shall not be included in such total: and provided further that the first ten thousand dollars ($10,000.00) 31 or any portion thereof of income received by a permanently and totally disabled owner shall not be included in 32 such total. 33 34 (4) For the tax freeze program, the total combined income received from all sources during the 35 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) 36 the owner's or owners' relatives who live in the dwelling, shall not exceed sixty seven eight thousand two hundred 37 and ninety three dollars ($67,000) ($68,293); provided that the first ten thousand dollars ($10,000.00) of income of 38 each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; 39 and provided that the first ten thousand dollars ($10,000.00) or any portion thereof of income received by a 40 permanently and totally disabled owner shall not be included in such total. 41 42 (5) For the tax exemption programs, the net combined financial worth, including equitable 43 interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the 44 spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is 45 situated, shall not exceed three hundred and fifty thousand dollars ($350,000.00). 46 47 (6) For the tax freeze program, the net combined financial worth, including equitable interests, as 48 of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of 49 any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, 50 shall not exceed three hundred and fifty thousand dollars ($350,000.00). 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 (7) For the tax deferral program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty seven eight thousand two hundred and ninety three dollars ($67,000) ($68,293); provided that the first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; and provided further that the first ten thousand dollars ($10,000.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (8) For the tax deferral program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000.00). (9) The dwelling is occupied. Sec. 35-67. Amount of exemption. When a person claiming exemption under this division conforms to the standards and does not exceed the limitations contained in this division, the tax exemption shall be as shown on the following schedule: Total income, All Sources $0.00 $47,100.00 $47,100.01 $51,200.01 $55,300.01 $59,400.01 $51,200.00 $55,300.00 $59,400.00 $63,450.00 $0.00 - $48,009.00 $48,009.01 - $52,188.00 $52,188.01 - $56,367.00 $56,367.01 - $60,546.00 $60,546.01 - $64,675.00 Tax Exemption 100% 80% 60% 40% 20% No lien shall accrue as a result of the amount certified as exempt. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2014. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13 day of May, 2014. APPROVED AS TO CONTENT: 1`k Budget and Management Services APP S TO LEGAL SUFFICIENCY: ,�: ney'• Office Item-VI-J.3a-12 ORDINANCES/RESOLUTIONS -54- ITEM #63785 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 12) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None May 13, 2014 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 5 WHEREAS, the United States Congress has established legislation designated as the Housing and Community 6 Development Act of 1974 that sets forth the development of viable urban communities as a national goal; 7 8 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities 9 directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income 10 neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's 11 housing stock and community services, along with other related activities; and 12 13 WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia Beach has 14 developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has 15 created the necessary mechanisms for its implementation in compliance with federal and local directives. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 18 19 That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to 20 submit the City's FY 2014-15 Annual Funding Plan (the "Plan") and amendments thereto, along with 21 understandings and assurances contained therein and such additional information as may be required, to the 22 Department of Housing and Urban Development to permit the review, approval, and funding of the Pian. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13 day of May, 2014. APPROVED AS TO CONTENT: Budget and Management Services PROVED TO LEGAL SUFFICIENCY: City At I Item -VI -J.36-1 ORDINANCES/RESOLUTIONS -55- ITEM #63786 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN b. FY 2014-2015 Capital Budget: 1) AUTHORIZE the FY-2015/FY-2020 Capital Improvement Program (CIP); and APPROPRIATE $280,957,593 subject to funds being provided from various sources set forth therein Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 1 AN ORDINANCE TO ADOPT THE FY 2015/FY 2020 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $280,957,593 3 FOR THE FY 2015 CAPITAL BUDGET SUBJECT TO FUNDS BEING 4 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS, the City Manager, on March 25, 2014, presented to City Council the Capital Improvement 6 Program for fiscal years 2015 through 2020; 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 10 WHEREAS, based on public comment, City Council has determined the need for certain projects in the 11 Capital Improvement Program; and 12 13 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 14 2015 fiscal year, as set forth in said Capital Improvement Program. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, 19 capital facilities identified for fiscal years 2015 through 2020 is hereby adopted, and the projects listed therein 20 are hereby approved as capital projects. 21 22 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, 23 and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or 24 rescheduled in any manner at any time by City Council. 25 26 Section 3. That funds in the amounts aggregating $280,957,593 for capital projects in the Capital Budget 27 for the 2015 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project 28 and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in 29 "Attachment A— Capital Budget Appropriations," a copy of which is attached hereto. 30 31 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the 32 Capital Budget for the 2015 fiscal year as set forth in said Capital Improvement Program is attached to this 33 ordinance as "Attachment B — Financing Sources." 34 35 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance 36 with said Capital Improvement Program and reallocated as identified in "Attachment C — Transfers," a copy of 37 which is attached hereto. 38 39 Section 6. That reductions in financing sources in support of the Capital Budget for the 2015 fiscal year as 40 set forth in said Capital Improvement Program are attached to this ordinance as "Attachment D — Changes in 41 Financing Sources." 42 43 Section 7. That additional appropriations, the addition of capital projects, and changes in project scope 44 shall not be initiated except with the consent and approval of the City Council first being obtained. An 45 appropriation for a project in the Capital Improvement Program shall continue in force, and, to the extent 46 required by law, re -appropriated for use in FY 2014-15 until the purpose for which it was made has been 47 accomplished or abandoned. 48 49 Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school 50 projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work 51 on the contract. 52 53 Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City 54 Manager or the Director of Budget and Management Services is authorized to approve transfers of 55 appropriations in an amount up to $100,000 between capital projects as may best meet the needs of the City. 56 The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and 57 $100,000. The City Manager or the Director of Budget and Management Services is hereby authorized to 58 establish and administer the budgeting of capital projects consistent with best management practices, reporting 59 requirements and the Capital Improvement Program adopted by the City Council. 60 61 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and 62 sewer companion projects may be transferred between these projects by the City Manager (or designee). 63 "Companion projects" mean water and sewer projects having the same name or project scope and description 64 with the exception of "water" or "sewer" being in the title and/or project scope and description. 65 66 Section 11. That the City Manager or the Director of Budget and Management Services is hereby 67 authorized to change, subject to any applicable restriction of law or of any bonds or bond issue, the financing 68 sources for the various capital projects included in this or previous ordinances to reflect effective utilization of 69 the financing sources and actual collections and/or realized revenues. If the financing sources in support of 70 capital projects decline, the City Manager or the Director of Budget and Management Services is authorized to 71 reduce, subject to any applicable restriction of law or of any bonds or bond issue, those appropriations to equal 72' the changed financing source. The City Manager must 'give prior notice to the City Council of any reductions to 73 total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 74 appropriation reduction and the capital projects affected. The accounting records of the City will be maintained 75 in a manner where the total of financing sources is equal to the total appropriations for each of the City's capital 76 projects funds. 77 78 Section 12. That the Capital Improvement Program debt management policies contained and included in 79 the Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall 80 annually report on the status of those guidelines and the projected impact of the proposed Capital Improvement 81 Program on those guidelines, such information to be included in the Resource Management Plan submittal. The 82 City Manager may propose modifications to those policies and guidelines through the Resource Management 83 Plan. 84 85 Section 13. That subject to the appropriation of sufficient funds within a capital project, the acquisition of 86 real property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 87 88 Section 14. That violation of this ordinance shall result in the City Manager taking disciplinary action 89 against the person or persons responsible for the capital project in which the violation occurred. 90 91 Section 15. That $28,268 is hereby appropriated to project 2-931 — Witchduck Road — Phase I, with 92 federal revenue increased accordingly. 93 94 Section I516. That if any portion of this ordinance is for any reason declared to be unconstitutional or 95 invalid, such decision shall not affect the validity of the remaining portions of this ordinance. 96 97 Section 1617. That this ordinance shall be in effect from the date of its adoption; however, appropriations 98 for the FY 2015 Capital Budget shall be effective on July 1, 2014. 99 100 Adopted by the City Council of the City of Virginia Beach, Virginia on this 13 day of May, 2014. 101 102 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: Budget and Management Services ) APPRO City LEGAL SUFFICIENCY: Offic City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Buildings - CRO 3019000 Adam Thoroughgood House Visitor Center Construction 1,321,657 3028000 Aquarium Marsh Pavilion Enhancements 4,544,125 3103000 Heritage Building Maintenance CIP 300,000 3146000 VA Aquarium Bldg Systems & Facility Infrastructure 1,200,000 3278000 Virginia Aquarium Renewal and Replacement II 350,000 3292000 Virginia Aquarium Marine Animal Care Center 409,434 3519000 Chesapeake Bay Aquarium Renovation 1,500,000 Buildings - FYO 3510000 Intermediate Care Facilities Renewal/Replacement 3060000 TCC Site Improvements II Buildings - QELL Buildings - QPE Total Buildings - CRO Projects 9,625,216 Total Buildings - FYO Projects 131,706 Total Buildings - QELL Projects 800,000 131,706 800,000 3049000 New Voting System 1,370,900 3136000 Various Buildings HVAC Rehabilitation & Renewal III 2,121,610 3137000 Various Buildings Rehabilitation and Renewal III 2,090,478 3139000 Various Site Acquisitions II 274,382 3518000 Convention Center Capital Maintenance 343,563 Total Buildings - QPE Projects 6,200,933 Buildings - SC 3056000 Public Safety Equipment Replacement Project 727,500 3057000 Self -Contained Breathing Apparatus Replacement 935,508 3134000 Fire Apparatus III 1,163,440 3344000 Police Fourth Precinct - Replacement 442,381 3506000 Fire Facility Rehabilitation and Renewal I11 300,000 Total Buildings - SC Projects 3,568,829 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Coastal 8010000 Sandbridge Beach Restoration II 5,000,000 8011000 Various Minor Dredging Projects II 275,000 8013000 Lynnhaven Inlet Maintenance Dredging II 275,000 8110000 Eastern Branch Lynnhaven River Dredging 3,811,875 8405000 Sandbridge Beach Access Improvements II 300,000 8406000 Rudee Inlet Federal Dredging II 350,000 8407000 Rudee Inlet Outer Channel Maintenance Dredging II 600,000 8408000 Pleasure House Point Mitigation 100,000 8500000 Old Donation Creek Area Dredging 6,201 8501000 Bayville Creek Neighborhood Dredging 55,757 8502000 Shadowlawn Area Dredging 50,296 8503000 Chesopeian Colony Neighborhood Dredging 211,391 8504000 Harbour Point Neighborhood Dredging 89,527 Total Coastal Projects 11,125,047 Communications and IT - QO 3052000 CIT- IT Service Continuity 650,000 3119000 CIT - Cable Access Infrastructure Replacement I 322,000 3638000 CIT - Application Portfolio Sustainment 350,000 3648000 CIT - Bi -Weekly Payroll Implementation 728,410 3652000 CIT - Telecommunications Replacement II 1,500,000 3657000 CIT - Disaster Recovery IV- Electrical Backup/Bldg Access 810,000 3664000 CIT - Metropolitan Area Network 2,606,006 Total Communications and IT - QO Projects 6,966,416 Communications and IT - SC 3142000 CIT -Communications Infrastructure Replacement II 9,594,373 3606000 CIT -Fire Station Alerting 2,068,366 3610000 CIT - Police Oceanfront Cameras 2,665,400 3614000 CIT - Fire Radio Replace/In-Mask Comm 884,462 Total Communications and IT - SC Projects 15,212,601 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Economic and Tourism Dev - EV 9006000 Winston-Salem Avenue Improvements 2,153,764 9008000 Historic Kempsville 2,500,000 9009000 25th Street Public Parking Garage 7,650,000 9011000 Transit Corridor Development 1,000,000 9014000 Atlantic Avenue Trolley Purchase 1,300,000 9060000 Oceana & Interfacility Traffic Area Conformity & Acquisition 9,836,181 9081000 Strategic Growth Area Projects 200,000 9082000 Oceanfront Parking Facilities Capital Maintenance 300,000 9083000 Town Center Garage and Plaza Capital Maintenance 341,199 9096000 Oceanfront Capital Projects Reinvestment 600,000 9141000 Economic Development Investment Program (On -Going) 2,990,437 9500000 Virginia Beach Amphitheater Capital Maintenance 200,000 Total Economic and Tourism Dev - EV Projects 29,071,581 Parks and Recreation 4064000 City Bikeways & Trails Plan Implementation II 475,000 4079000 Thalia Creek Greenway I 125,000 4080000 Sportsplex/Field Hockey National Trng Ctr Rep/Reno I 311,999 4300000 Community Recreation Centers Repairs & Renovations III 1,125,813 4301000 Parks & Special Use Facilities Development & Reno. III 1,226,727 4302000 Golf Courses Contractual Obligations - Maintenance I 120,000 4303000 Greenways, Scenic Waterways & Natural Areas III 150,000 4305000 Tennis Court Renovations III 200,000 4306000 Open Space Park Development and Maintenance II 1,500,000 4307000 Athletic Fields Lighting & Renovations III 275,000 4308000 Open Space Program Site Acquisition III 507,601 4500000 Park Playground Renovations III 484,879 4503000 Parks & Recreation Administration Offices Relocation 1,413,574 4506000 Parks Infrastructure Renewal and Replacement 1,000,000 4509000 Replacement of Kempsville Recreation Center 15,365,157 4517000 Stumpy Lake Golf Course Contractual Obligations I 27,000 4519000 Bikeways & Trails Repairs & Renovations I 280,000 Total Parks and Recreation Projects 24,587,750 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Roadways 2022000 Major Bridge Rehabilitation II 660,000 2024000 Rural Road Improvements II 200,000 2025000 Witchduck Road - Phase II 6,453,484 2026000 Street Reconstruction II 2,150,000 2027000 Various Cost Participation Projects II 50,000 2028000 Wetlands Mitigation Banking II 100,000 2032000 Lynnhaven Pkwy/International Pkwy Intersection Improve. 573,745 2033000 Princess Anne Road Phase VII -A 250,000 2038000 Rosemont Road - Phase V 500,000 2042000 Indian River Rd/Providence Rd Intersection Improv. 1,402,200 2045000 Pacific Avenue Improvements - Phase I 12,330,000 2048000 Princess Anne Rd./Kempsville Rd. Inter. lmpr. 9,920,264 2050000 Landstown Road Improvements 3,000,000 2078000 Sandbridge Road-Nimmo VII -A 600,000 2117000 Shore Drive Corridor Improvements - Phase III 878,862 2121000 Nimmo Parkway - Phase V-A (VDOT) 694,000 2152000 Elbow Road Extended - Phase II 1,287,795 2156000 Laskin Road - Phase I (VDOT) 904,500 2160000 Citywide Street Lighting Improvements II 60,000 2165000 Laskin Road - Phase II 200,000 2167000 Lynnhaven Parkway - Phase XI (VDOT) 691,785 2168000 Lesner Bridge Replacement 10,453,200 2176000 Transportation Network Modeling 1,287,000 2195000 Princess Anne Road- Phase VII 14,158,827 2256000 Indian River Rd - Phase VII 4,734,096 2300000 Traffic Safety Improvements III 3,108,811 2410000 Traffic Signal Rehabilitation II 150,000 2414000 Shipps Corner Road Improvements 421,600 2416000 Sandbridge Road Bridge Replacement 300,000 2418000 Indian River Rd/Kempsville Rd Intersection Improvements 3,066,763 Total Roadways Projects 80,586,932 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Schools 1003000 Renovation and Replacement - Energy Management - II 750,000 1004000 Tennis Court Renovations - II 200,000 1035000 John B. Dey Elementary School Modernization 1,550,000 1099000 Renovations and Replacements - Grounds - II 800,000 1103000 Renovations and Replacements - HVAC Systems - II 3,716,000 1104000 Renovations and Replacements - Reroofing - II 3,400,000 1105000 Renovations and Replacements - Various - II 1,250,000 1233000 Consolidated Old Donation Ctr/Kemps Landing Magnet 22,900,000 Total Schools Projects 34,566,000 Sewer Utility 6019000 Resort Area Neighborhood Revitalization 2,500,000 6037000 Pacific Avenue Sewer Improvements 1,200,000 6041000 Pump Station Modifications V 9,000,000 6061000 Utilities Emergency Response Program II 50,000 6070000 Infiltration, Inflow and Rehabilitation V 1,320,000 6075000 Laskin Road Sewer Improvements - Phase I (VDOT) 1,750,000 6091000 Sewer Requests & Agreements VI (51% Program) 50,000 6092000 Vacuum Valve Monitoring System 220,000 6093000 Consent Order Rehabilitation Plan Implementation I 1,775,000 6116000 Prosperity Road Sewer Improvements - 51% Program 250,000 6201000 Green Hill Farms Sewer Improvements - 51% Program 2,200,000 6501000 Auxiliary Power Program -Sewer Pump Stations - Phase I11 4,060,000 6550000 Comprehensive Sewer Master Planning V 250,000 6551000 System Expansion Cost Participation Agreements III 600,000 6552000 Sanitary Sewer System Revitalization Program II 2,440,000 6555000 Utility Crossings Condition Assessment Program II 300,000 6556000 Various Roadway/Storm Water Coordination VI 320,000 6559000 Sanitary Sewer Asset Management Program III 400,000 6604000 Witchduck Rd - Phase 11 Sewer Improvements 365,000 6804000 Sanitary Sewer Regulatory Compliance Program I 1,175,000 6953000 Sewer Tap Installation Program II 605,000 6973000 Sanitary Sewer Capacity Program 1 200,000 Total Sewer Utility Projects 31,030,000 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Storm Water 7023000 Primary System Infrastructure Improvements II 770,000 7026000 Residential Drainage Cost Participation Program II 50,000 7027000 SWM Master Planning, Analysis, and Inventory 150,000 7028000 Windsor Woods Drainage 500,000 7030000 Citywide Sea Level Rise/Recurrent Flooding Analysis 3,000,000 7153000 Lynnhaven Watershed Restoration 304,500 7159000 Water Quality Participation Projects 100,000 7400000 Aragona Drainage Improvements 225,000 7402000 College Park/Level Green Drainage Improvements 225,000 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 494,602 7413000 Neighborhood SW Infrastructure Improvements II 50,000 7414000 Storm Water Quality Enhancements II 2,490,328 7415000 Lake Management II 4,353,280 7416000 SW Infrastructure Rehabilitation & Improvements II 5,224,872 Total Storm Water Projects 18,514,582 Water Utility 5010000 Raw Water Transmission System Rehabilitation I 50,000 5028000 Witchduck Rd - Phase II Water Improvements 1,635,000 5031000 System Expansion Cost Participation Agreements III 100,000 5037000 Pacific Avenue Water Improvements 600,000 5046000 Utilities Emergency Response Program II 50,000 5116000 Prosperity Road Water Improvements - 51% Program 250,000 5207000 Laskin Road Water Improvements - Phase I (VDOT) 600,000 5251000 Various Roadway/Storm Water Coordination VI 300,000 5254000 Water Requests & Agreements VI (51 % Program) 50,000 5260000 Utility Crossings Condition Assessment II 300,000 5452000 Comprehensive Water Master Planning VI 300,000 5501000 Water Transmission System Upgrade Pgm I 2,010,000 5708000 Resort Area Neighborhood Revitalization 300,000 5804000 Water Line Extension, Replacement & Rehab Pgm I 1,420,000 5805000 Water Utility Asset Management Program I 400,000 5953000 Water Tap Installation Program II 605,000 Total Water Utility Projects 8,970,000 Total Capital Budget 280,957,593 1 City of Virginia Beach, Virginia Attachment B — Financing Sources Financing Sources Developer Contribution Development Proffers Federal Contribution Franchise Fees Fund Balance - General Fund Fund Balance - Other General Appropriations General Obligation Bonds Interest Income Lease of Property Lease -Purchase Medicaid Cost Settlement Parking Enterprise Fund Private Contribution Public Facility Bonds Retained Earnings - Telecommunications Retained Earnings - Water and Sewer Fund Sale of Property State Contribution Storm Water Utility Bonds Storm Water Utility Fund Water and Sewer Bonds Water and Sewer Fund Capital Budget FY 2014-15 125,000 207,601 11,660,792 322,000 21,678,524 9,070,672 30,261,059 66,441,114 405,332 98,172 4,941,066 131,706 300,000 2,798,500 33,893,479 1,500,000 4,750,000 10,219,668 28,638,326 9,000,000 9,514,582 27,000,000 8,000,000 Total Capital Budget 280,957,593 1 Project # Attachment C - Transfers Appropriations Prior to FY 2014-15 Cultural and Recreational Opportunities Parks and Recreation Projects Transfer To: 4509000 Replacement of Kempsville Community Recreation Center $ 7,982,198 4064000 City Bikeways & Trails Implementation Plan II 209,589 Total Transfer To: $ 8,191,787 Transfer From: 4300000 Community Recreation Centers Repair and Renovations III $ 7,982,198 4075000 Pedestrian System Improvements I 209,589 Total Transfer From: $ 8,191,787 Quality Education and Lifelong Learning Schools Transfer To: 1035000 John B. Dey Elementary School Modernization $ 450,000 Total Transfer To: $ 450,000 Transfer From: 1234000 Virginia Beach Middle School Replacement $ 450,000 Total Transfer From: $ 450,000 Quality Physical Environment Building Projects Transfer To: 3059000 Housing Opportunity Loans and Grants $ 425,000 Total Transfer To: $ 425,000 Transfer From: 3503000 Housing Resource Center $ 425,000 Total Transfer From: $ 425,000 Roadways Transfer To: 2021000 Rural Road Improvements $ 600,000 2032000 Lynnhaven Parkway/International Parkway Intersection Improvements 500,000 2039000 Computerized Traffic Signal System Upgrade/Replacement 617,510 2047000 Upton Drive Extended/Dam Neck Station Improvements 350,000 Princess Anne Road/Kempsville Road Intersection Improvements (Federal 1,179,945 2048000 Funding ) 2050000 Landstown Road Improvements 757,000 2165000 Laskin Road - Phase II 625,138 2168000 Lesner Bridge Replacement 1,000,000 2177000 Proactive Safety Improvement Program 275,000 2285000 Traffic Safety Improvements (Federal Funding) 78,245 2285000 Traffic Safety Improvements 15,820 2300000 Traffic Safety Improvements III 538,912 Attachment C - Transfers Appropriations Prior to Project # FY 2014-15 2409000 Centerville Turnpike - Phase II 5,326,327 2931000 Witchduck Road - Phase I (Federal Funding) 119,080 2931000 Witchduck Road - Phase I 141,721 Total Transfer To: $ 12,124,698 Transfer From: 2018000 Major Intersection Improvements (Lynnhaven TIF Fund Balance) $ 500,000 2033000 Princess Anne Road - Phase VII -A 200,000 2034000 S. Independence Boulevard/Silverleaf Drive Intersection Improvements 350,000 2041000 Dam Neck Road Improvements 557,000 2048000 Princess Anne Road/Kempsville Road Intersection Improvements 8,016,965 2137000 Great Neck Ramps 85,000 2165000 Laskin Road - Phase II (Federal Funding) 964,000 2256000 Indian River Road - Phase VII (Federal Funding) 335,025 2285000 Traffic Safety Improvements (State Funding) 78,245 2418000 Indian River Road/Kempsville Road Intersection Improvements 538,912 2502000 West Neck Road 499,551 Total Transfer From: $ 12,124,698 Storm Water Transfer To: 7412000 Storm Water Pump Station Modifications $ 21,787 7413000 Neighborhood Storm Water Infrastructure Improvements II 314,039 Transfer From: 7010000 Elizabeth River Shores Drainage 7091000 Residential Cost Participation Total Transfer To: $ 335,826 314,039 21,787 Total Transfer From: $ 335,826 Water and Sewer Utility Projects Transfer To: 6552000 Sanitary Sewer System Revitalization Program II $ 1,225,736 Total Transfer To: $ 1,225,736 Transfer From: 5252000 Water Quality Program IV 5255000 Automated Mobile Water Meter Reading System II 6090000 Clean Water Act Compliance Studies I 6567000 Sewer Pump Station Backflow Prevention Modification 6611000 Pump Station Wet Well Revitalization II 100,000 225,736 100,000 350,000 450,000 Total Transfer From: $ 1,225,736 I Project # Attachment C - Transfers Appropriations Prior to FY 2014-15 Safe Community Building Projects Transfer To: 3057000 Self -Contained Breathing Apparatus Replacement $ 2,880,292 Total Transfer To: $ 2,880,292 Transfer From: 3133000 Fire Training Center Improvements III Various Business Areas Transfer To: 3019000 Adam Thoroughgood House Visitor Center Construction 3664000 CIT -Metropolitan Area Network 9018000 Convention Center Replacement $ 2,880,292 Total Transfer From: $ 2,880,292 Transfer From: 2041000 Dam Neck Road - Phase I 2048000 Princess Anne Rd./Kempsville Road Intersection Improvements 9504000 Parliament -Greenwich Connector 9505000 Cleveland Street- Phase I $ 678,343 1,541,478 2,404,901 Total Transfer To: $ 4,624,722 $ 141,478 3,083,244 400,000 1,000,000 Total Transfer From: $ 4,624,722 1 Project # Attachment D - Reductions in Non -City Funding Amount of Reduction in Appropriations Prior to Funding FY 2014-15 Source Economic and Tourism Development 9018000 Convention Center Replacement 9095000 Arctic Ave Parking Facility Buildings 3503000 Housing Resource Center Economic Vitality $ 3,525,000 Sale of Property 9,749,750 Proceeds from Public Facility Revenue Bonds Total Reduction: $ 13,274,750 Quality Physical Environment $ 400,000 Federal Revenue Total Reduction: $ 400,000 Roadways 2018000 Major Intersection Improvements $ 19,762 State 2030000 First Colonial Rd/Laskin Rd Intersection Improvements 200,000 State 2030000 First Colonial Rd/Laskin Rd Intersection Improvements 800,000 Federal 2039000 Computerized Traffic Signal System 617,510 State Upgrade/Replacement 2168000 Lesner Bridge Replacement 1,000,000 State 2285000 Traffic Safety Improvements 361,998 State 2502000 West Neck Road Interim Safety Improvements 94,614 State 2931000 Witchduck Road - Phase I 1,755,739 State Total Reduction: $ 4,829,861 Item-VI-J.3b-2 ORDINANCES/RESOLUTIONS -56- ITEM #63787 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN b. FY 2014-2015 Capital Budget: 2) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $66.4 -MILLION Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 LOUIS R. JONES COUNCILMAN - DISTRICT 4 - BAYSIDE Refer to File No. 0052063 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia 1 ;each May 13, 2014 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: PHONE: (757) 583-0177 FAX: (757) 426-5669 Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the Ordinance to Adopt the FY 2015/FY 2020 Capital Improvement Program and to Appropriate $280,957,593 for the FY 2015 Capital Budget. 2. One of the projects funded by that ordinance is Princess Anne Road Phase VII. That project will require the acquisition of land from more than two dozen property owners, including Hollomon-Brown Funeral Home, Inc. 3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The company's corporate headquarters are located at 8464 Tidewater Drive, Norfolk, Virginia. 4. I am a member of a group of three or more persons—property owners whose property are subject to acquisition by the City—the members of which are affected by the transaction. 1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645 II I Mrs. Ruth Hodges Smith -2- May 14, 2013 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) 5. I am able to participate in this transaction fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Louis R. J .' es Vice Mayor LJR/RRI c: Mark D. Stiles, City Attorney 1 II 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 $66,400,000 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 $66,400,000, 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 $66,400,000 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 amount of $66,400,000, 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 manner 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 thisl 3 day of May, 2014. 47 48 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT: Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: ity Attorney's Office Item-VI-J.3b-3 ORDINANCES/RESOLUTIONS -57- ITEM #63788 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN b. FY 2014-2015 Capital Budget: 3) AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $9 -MILLION Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER UTILITY 2 SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN 3 THE MAXIMUM AMOUNT OF $9,000,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water utility 5 system revenue bonds in the maximum amount of $9,000,000 for financing improvements and expansions to the City's storm water 6 utility 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 $9,000,000 and issuing the 15 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 18 storm water utility system revenue bonds of the City in the maximum amount of $9,000,000 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 22 dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 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 shall be limited 26 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the 27 System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create 28 or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any county, city, town, or 29 other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, 30 conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, 31 indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and 32 collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the payment of the principal of 33 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 rates, 37 fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often 38 as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the 39 same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional 40 covenants, agreements, and other terms as are customary for the protection of the holders of storm water revenue obligations. 41 42 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 43 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance 44 of the bonds. 45 46 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 47 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 48 49 8. That this ordinance shall be in full force and effect from its passage. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia on this]. 3 day of May, 2014. 52 Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: _AC),J9--) Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: Item-VI-J.3b-4 ORDINANCES/RESOLUTIONS -58- ITEM #63789 Upon motion by Councilman Uhrin, seconded by Council Lady Ross -Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN b. FY 2014-2015 Capital Budget: 4) AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $27 -MILLION Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond , Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None May 13, 2014 I 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM 2 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 shall 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 Clerk, 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 Council of the City of Virginia Beach, Virginia on this 13 day of May, 2014. 53 54 Adoption requires the affirmative vote of a majority of all members of the City Council. 55 APPROVED AS TO CONTENT: \--7Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: Item -VI -J.4 ORDINANCES/RESOLUTIONS -59- ITEM #63 790 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DECLINE the V -STOP Grant from the Virginia Department of Criminal Justice (DCJA) and replace federal funds with City funds re compensation for a Detective Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE TO DECLINE THE V -STOP GRANT AND 2 REPLACE FEDERAL GRANT FUNDS WITH CITY FUNDS TO 3 RETAIN A DETECTIVE POSITION IN THE POLICE 4 DEPARTMENT 5 6 WHEREAS, for the past eighteen years the Virginia Department of Criminal Justice 7 Services (DCJS) has awarded the City a federal grant under the Virginia Services, 8 Training, Officers, Prosecution (V -STOP) Violence Against Women program to pay part of 9 the salary of a detective to conduct investigations and other activities that increased the 10 apprehension, prosecution, and adjudication of persons committing violent crimes against 11 women; 12 13 WHEREAS, DCJS has added a requirement to the FY 2013-14 grant that the 14 detective shall only conduct V -STOP eligible activities related to investigations of domestic 15 violence cases and sexual assault cases involving adults or youth 12 years of age or older, 16 and stalking cases involving adults or youth 12 years of age and older; and 17 18 WHEREAS, the number of latent investigations conducted by the detective that are 19 eligible for the V -STOP grant has been reduced dramatically because patrol officers are 20 making arrests at the scene of domestic violence cases and sexual assault cases, which 21 enables the Police Department to assign the detective a growing number of cases involving 22 adult and child protective cases ineligible under the V -STOP grant. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA, THAT: 26 27 1. The City hereby declines acceptance of the FY 2013-14 and FY 2014-15 V- 28 STOP grants; 29 30 2. The Office of Budget and Management Services shall adjust estimated 31 federal revenue accordingly, with $39,521 reduced in FY 2013-14 and FY 32 2014-15; 33 34 3. That the grant -supported detective position shall be retained in the Police 35 Department as a City -funded position and deployed to best meet the needs 36 of the Police Department and the City; 37 38 4. That the City Council Policy on "Not Supplanting State, Federal, and Private 39 Funds with Local Funds" shall be waived for purposes of this ordinance and 40 the referenced grants; and 41 42 5. That the City Manager shall be directed to utilize the City's proposed local 43 grant match and other City funds within the FY2013-14 Operating Budget of 44 the Police Department, totaling $58,861 and FY 2014-15 Operating Budget 45 of the Police Department, totaling $60,054, to pay for the costs associated 46 with the detective position. Adopted by the Council of the City of Virginia Beach, Virginia on the May , 2014 13th day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City CA12990 R-1 April 14, 2014 Item-VI-J.5a ORDINANCES/RESOLUTIONS -60- ITEM #63 791 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: a. $39, 600 from the Department of Homeland Security re deployment of FEMA to the Washington State mudslide Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None May 13, 2014 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FUNDS FOR THE VIRGINIA 3 TASK FORCE TWO URBAN SEARCH AND 4 RESCUE TEAM — WASHINGTON MUDSLIDE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $39,600 in funding from the US Department of Homeland Security is hereby 10 accepted and appropriated, with estimated federal revenues increased accordingly, to 11 the FY 2013-14 Operating Budget of the Fire Department for the deployment of a 12 member of the Virginia Task Force Two Urban Search and Rescue Team to Darrington, 13 Washington in response to the recent mudslide. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of May , 2014. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: Budget and Management Servi es CA13002 R-1 April 23, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Cit 'ey's Office Item-VI-J.5b ORDINANCES/RESOLUTIONS -61- ITEM #63792 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: b. $210,331 from the State Compensation Board to the Clerk of the Circuit Court 's Technology Trust Fund Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 REVENUES TO THE CLERK OF THE CIRCUIT COURT'S FY 3 2013-14 TECHNOLOGY TRUST FUND 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $210,331 is hereby accepted from the State Compensation Board and 7 appropriated, with estimated state revenues increased accordingly, to the Clerk of the 8 Circuit Court's FY 2013-14 Technology Trust Fund for technology related costs. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th of May 2014. day Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Service CA12992 R-1 April 15, 2014 Item -VI -J.6 ORDINANCES/RESOLUTIONS -62- ITEM #63793 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE acquisition of land on London Bridge Road from The Taylor Group, LP for $935, 000 Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF 13.1 ACRES OF PROPERTY 3 LOCATED ON LONDON BRIDGE ROAD (GPIN 4 2405-51-8502) FROM TAYLOR GROUP, LP 5 6 WHEREAS, The Taylor Group, LP ("Taylor") owns 570,631 square feet (13.1+/- 7 acres) of property located on London Bridge Road in the City of Virginia Beach, Virginia 8 (the "Property"), as further described on Exhibit A, attached hereto and incorporated 9 herein; 10 11 WHEREAS, Taylor desires to convey the Property to the City of Virginia Beach (the 12 "City") for $935,000; 13 14 WHEREAS, funding for the acquisition is available in the Various Site 15 Acquisitions, CIP 3-368 and Various Site Acquisitions II, CIP 3-139; and 16 17 WHEREAS, Taylor has agreed to convey the Property to the City in accordance with 18 the Summary of Terms attached hereto as Exhibit B, and incorporated herein. 19 20 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA: 22 23 1. That the City Council authorizes the acquisition of the Property by purchase 24 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 25 generally identified as GPIN 2405-51-8502 and further described on Exhibit A. 26 27 2. That the City Manager or his designee is further authorized to execute all 28 documents that may be necessary or appropriate in connection with the purchase of the 29 Property, so long as such documents are in accordance with the Summary of Terms 30 attached hereto as Exhibit B and made a part hereof and containing such other terms and 31 conditions deemed necessary and sufficient by the City Manager and in a form deemed 32 satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13thday 35 of May , 2014. CA12951 R-1 PREPARED: 5/1/14 VED S TO CQNTENT APPROVED AS TO LEGAL SUFFIoNCY AND FORM BLI W • RKS, REAL ESTATE CITY ATTO I EXHIBIT "A" Legal Description of London Bridge Road ALL THAT that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as: "PARCEL C-2 NOT A BUILDING SITE, SEE NOTE 6 AREA = 570,631 SF OR 13.010 AC. GPIN 2405-51-8502" and further described as "PARCEL C-2 570,631 SQUARE FEET 13.100 ACRES," as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY OWNED BY THE TAYLOR GROUP, LP PARCEL B & PARCEL C A. W. SHIPP ESTATE (MB 7, PG 90) 2405-51-3413 2405-42-5570 PARCEL C H.R. NORECK PROPERTY (MB 61, PG 28) 2405-51-8192 & UNNAMED PARCEL (DB 2915, PG 1901) (DB 237, PG 32) 2405-54-2046 AUGUST 14, 2003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 200', dated September 17, 2013, prepared by MSA, P.C., which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20031016001684730, to which reference is made for a more particular description. IT BEING a part of the same property conveyed to The Taylor Group, L.P., a Virginia limited partnership, by deed from Barbara T. Creech, divorced and not remarried, dated March 1, 1990 and recorded in the aforesaid Clerk's Office in Deed Book 2915, at page 1901. I EXHIBIT "B" SUMMARY OF TERMS OWNER: The Taylor Group, LP BUYER: City of Virginia Beach, VA PROPERTY: London Bridge Road (GPIN: 2405-51-8502) CONSIDERATION: $935,000 SOURCE OF FUNDS: Various Site Acquisitions and Various Site Acquisitions II, CIPs 3-368 & 3-139 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 60 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. I Item-VI-J.7a✓b ORDINANCES/RESOLUTIONS -63- ITEM #63794 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to GRANT Open Air Cafe franchises: a. Seaside Raw Bar - 2014 Atlantic Avenue b. Pier 14 Boardwalk Cafe - 1401 Atlantic Avenue Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None May 13, 2014 1 AN ORDINANCE GRANTING TWO FRANCHISE 2 AGREEMENTS FOR OPEN AIR CAFES IN THE 3 RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one - 10 year terms; and 11 12 WHEREAS, if an open air cafe is successfully operated during the initial one - 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, the following two entities are seeking one-year franchise 17 agreements for open air cafes: (1) Pier 14, LLC, t/a Pier 14 Cafe, for operation of a 18 Boardwalk cafe; and (2) VB's Raw Bar, Inc., t/a Seaside Raw Bar Cafe, for operation of 19 an Atlantic Avenue Side Street cafe; and 20 21 WHEREAS, the Strategic Growth Area Office recommends that the above - 22 named entities be granted open air cafe franchise agreements. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH: 26 27 That the City Council hereby grants one-year franchise agreements to (1) Pier 28 14, LLC, t/a Pier 14 Cafe, for operation of a Boardwalk cafe; and (2) VB's Raw Bar, Inc., 29 t/a Seaside Raw Bar Cafe, for operation of an Atlantic Avenue Side Street cafe. Adopted by the City Council of Virginia Beach, Virginia on this 13th day of May , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office CA12989 R-1 April 23, 2014 c City Attorney's Office Item-VI--J.8a ORDINANCES/RESOLUTIONS -64- ITEM #63795 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: (DISTRICT 5 — LYNNHAVEN) a. GLENN and DENISE SAUCIER to repair a brick wall and lamp at 4325 Lynnville Crescent BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into portions of City - owned property GLENN and DENISE SAUCIER to repair a brick wall and lamp at 4325 Lynnville Crescent (GPIN 1477875770) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments will be repaired, resurfaced and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must submit and have approved a Traffic Control Plan before commencing work in the Encroachment Area. May 13, 2014 Item-VI-J.8a ORDINANCES/RESOLUTIONS -65- ITEM #63 795(Continued) 8. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed, except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. 9. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 10. It is further expressly understood and agreed that prior to issuance of a Right-of- Way/Utility Easement Permit, the Grantee must post a bond or other security, in the amount of two times their Engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 11. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 12. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements as established by the City. 13. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 14. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. May 13, 2014 Item-VI-J.8a ORDINANCES/RESOLUTIONS Voting: 11-0 Council Members Voting Aye: -66- ITEM #63 795(Continued) Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS 7 LYNNVILLE CRESCENT, FOR 8 PROPERTY OWNERS GLENN 9 SAUCIER AND DENISE SAUCIER 10 11 WHEREAS, Glenn Saucier and Denise Saucier desire to repair, resurface and 12 maintain an existing 18" high brick wall and lamp on top of column with new electric 13 service within a portion of the City's right-of-way known as Lynnville Crescent, in the 14 City of Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's right-of-way subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Glenn Saucier and Denise 24 Saucier, their heirs, assigns and successors in title are authorized to maintain 25 temporary encroachments for an existing 18" high brick wall and lamp on top of column 26 with new electric service in a portion of the City's right-of-way, as shown on the map 27 marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT 'A' LOT 35, THALIA 28 ACRES (M.B. 45, P. 10) VIRGINIA BEACH, VIRGINIA FOR GLENN SAUCIER & 29 DENISE SAUCIER SCALE 1" = 30' AUGUST 21, 2013 and REVISED: JANUARY 17, 30 2014 ROUSE-SIRINE ASSOCIATES, LTD., LAND SURVEYORS & MAPPING 31 CONSULTANTS," a copy of which is on file in the Department of Public Works and to 32 which reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Glenn Saucier and Denise Saucier (the "Agreement"), which 37 is attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 43 time as Glenn Saucier and Denise Saucier and the City Manager or his authorized 44 designee execute the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day 47 of May , 2014. CA -12767 R-1 PREPARED: 4/10/14 APPROVED AS TO CONTENTS SIGNATURE \\ \ DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL SUFFICIENCY AND FORM ASSOCIATE CITY ATTORNEY I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 28th day of March, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GLENN SAUCIER and DENISE SAUCIER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 35"; as shown on that certain plat entitled: "THALIA ACRES SUBDIVISION OF SECTION NO. 5 AND RE -SUBDIVISION OF SECTION NO. 4 KEMPSVILLE MAG. DIST. PRINCESS ANNE CO., VA. SCALE: 1" = 100' JUNE 6, 1958, prepared by SAMUEL W. MILLER, JR., C.L.S.", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 10, and being further designated, known, and described as 4325 Lynnville Crescent, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to repair, resurface and maintain an existing 18" high brick wall and lamp on top of column with new electric service, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in repairing, resurfacing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Lynnville Crescent, the "Encroachment Area"; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 1477-87-5770-0000; (4325 Lynnville Crescent) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of repairing, resurfacing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be repaired, resurfaced and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT `A' LOT 35, THALIA ACRES (M.B. 45, P.10) VIRGINIA BEACH, VIRGINIA FOR GLENN SAUCIER & DENISE SAUCIER SCALE: 1" = 30' AUGUST 21, 2013 and REVISED: JANUARY 17, 2014, ROUSE- SIRINE ASSOCIATES, LTD. LAND SURVEYORS & MAPPING CONSULTANTS," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments 2 must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 4 Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Glenn Saucier and Denise Saucier, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2014, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 SLATE OF OUN I N/ Pt-Wk./1-to-wit: By lenn Saucier, Owner By k)iltAA0 tit .�_ Denise Saucier, Owner �V— The foregoing instrument was acknowledged before me this.20 day of 9 9 9 , 2014, by Glenn Saucier. Notary Registration Number: -1 cp 7 My Commission Expires: STATE OF e rotary CITY/GektfNTY 0 LyAvvt- , to -wit: EAL) Shelby L. Tudor Canmonwealth of Virginia Notary Public Commission No. 7507082 My Commission Expires 212812015 The foregoing instrument was acknowledged before me this 1641s day of , 2014, by Denise Saucier. Notary Registration Number: a34'°— My Commission Expires: c)0/ 7 (SEAL) APPROVED AS TO CONTENTS IGNATURE )-.\-) DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 APPROVED AS TO LEGAL SUFFICIENCY AND FORM DANKR. HARM , ASSOCIATE CITY ATTORNEY 36 0 0 co N W 0 PIN(F) h 9 Rx�`.. z =501.4 A -99.9=— 7' 35 8 PROPOSED UTILITY SERVICES TO MAINTAIN 3' MINIMUM HORIZONTAL SPACING FROM EXISTING BRICK WALL Er- N78'35'0 Ptw 20.13 72" WOODEN FENCE 54.00' 10.00'$ R 17.00' M� N — LAMP ON TOP OF COLUMN a. w/ NEW ELECTRIC SERVIC (TYP. FOR 4) EXISTING SANITARY SEWER r —24.00 $I I 8 -I L -� 12.00' FRAME SHED TO BE REMOVED PROPOSED RESIDENCE 27.00' EXISTING 18" HIGH BRICK WALL SSMH RIM=12.24 INV=6.39 ss } J1 .00'g 25.00' PROPOSED DRIVEWAY PROPOSED SCOss 24.5' BREAK IN WALL 78'35'00"E 20.13' PROPOSED PIN(F) THIS EXHIBIT WAS PREPARED TO ACCOMPANY AN ENCROACHMENT APPLICATION FOR THE EXISTING 18" BRICK WALL ALONG THE RIGHT—OF—WAY LINE OF LYNNVILLE CRESCENT. 0 0 0 w 0 34 N Z PIN F LYNNNVILLE CRESCENT (FORMERLY IL LYNNHAVEN DRIVE) LAMP ON TOP OF COLUMN (TYP) 4O 'i,•0, MAS. 3r NL(P) 225.05' N ry 8 CLAY SSMH RIM=11.14 EDGE OF INV=6.99 PAVEMENT GPIN:1477-87-5770 WATER MAIN IS LOCATED ON OPPOSITE SIDE OF ROAD ENCROACHMENT EXHIBIT 'A' LOT 35, THALIA ACRES (M.B. 45, P. 10) VIRGINIA BEACH, VIRGINIA FOR GLENN SAUCIER & DENISE SAUCIER SCALE: 1"=30' AUGUST 21, 2013 REVISED: JANUARY 17, 2014 ROUSE-SIRINE ASSOCIATES, LTD. LAND SURVEYORS & MAPPING CONSULTANTS www.rouse-sirine.com 333 OFFICE SQUARE LANE 362 M&LAWS CIRCLE, SUITE 1 VIRGINIA BEACH, VIRGINIA 23462 WILLIAMSBURG, VIRGINIA 23185 TEL.(757)490-2300 TEL.(757)903-4695 FAX: (757)499-9136 FAX:(757)903-4469 0 30 60 90 FEET GRAPHIC SCALE J.O. #13312 ACAD: ENCROACHMENT EXHIBIT.dwg P.S. 764, P. 60-62 i I I I ON19 3ON 3d3ONI Prepared by P.W./Eng./Eng. Support Services Bureau 03/12/2014 Item-VI-J.8b ORDINANCES/RESOLUTIONS -67- ITEM #63796 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: (DISTRICT 5 — LYNNHAVEN) b. CAMILLE A. and MARIE T. KATTAN to construct a pier and maintain an existing bulkhead at 2333 Leeward Shore Drive (Harbor Canal) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into portions of City - owned property CAMILLE A. and MARIE T. KATTAN to construct a pier and maintain an existing bulkhead at 2333 Leeward Shore Drive (Harbor Canal) (GPIN 2500002040) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. May 13, 2014 Item -VI -J.81, ORDINANCES/RESOLUTIONS -68- ITEM #63 796(Continued) 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the Grantee shall make a Five Hundred Sixty -Six Dollar ($566.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to the partial cost of plant material which will be used to restore buffer areas on other City -owned property. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 10. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements as established by the City. 11. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. May 13, 2014 -69 - Item -VI -J.81) ORDINANCES/RESOLUTIONS ITEM #63796(Continued) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY 7 KNOWN AS HARBOR CANAL, 8 LOCATED AT THE REAR OF 2333 9 LEEWARD SHORE DRIVE, FOR 10 PROPERTY OWNERS CAMILLE A. 11 KATTAN AND MARIE T. KATTAN 12 13 WHEREAS, Camille A. Kattan and Marie T. Kattan desire to maintain an existing 14 wood bulkhead, remove an existing pier and to construct and maintain a new 6' X 18' 15 open pile timber pier in a portion of City property known as Harbor Canal, located at the 16 rear of 2333 Leeward Shore Drive, in the City of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Camille A. Kattan and Marie 26 T. Kattan, their heirs, assigns and successors in title are authorized to maintain 27 temporary encroachments for an existing wood bulkhead, remove an existing pier and 28 to construct and maintain a new 6' X 18' open pile timber pier in a portion of existing 29 City property known as Harbor Canal, as shown on the map marked Exhibit "A" and 30 entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING NEW OPEN PILE TIMBER 31 PIER IN HARBOR CANAL SEPTEMBER 16, 2013 / REVISED NOVEMBER 22, 2013 32 FOR CAMILLE A. and MARIE THERESE KATTAN 2333 LEEWARD SHORE DRIVE 33 GPIN: 25000020400000 LOT 222, BAY ISLAND SEC 2 BAY ISLAND SUBDIVISION 34 MAP BOOK 048 PAGE 0015 GRAPHIC SCALE: 1" = 40' — 0," a copy of which is on file 35 in the Department of Public Works and to which reference is made for a more particular 36 description; and 37 38 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virginia Beach and Camille A. Kattan and Marie T. Kattan (the "Agreement"), 41 which is attached hereto and incorporated by reference; and 42 43 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 44 hereby authorized to execute the Agreement; and 45 46 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 47 time as Camille A. Kattan and Marie T. Kattan and the City Manager or his authorized 48 designee execute the Agreement. 49 13th 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 51 of May , 2014. CA -12747 R-1 PREPARED: 3/25/14 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM GNATURE •ANA ' HAR EYER, ASSOCIATE CITY ATTORNEY (! x► s, c /) DATE PUBLIC WORKS / REAL ESTATE s DEPARTMENT / DIVISION 3\'*\‘‘\ I PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 18th day of March, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CAMILLE A. KATTAN and MARIE T. KATTAN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 222", as shown on that certain plat entitled: "SUBDIVISON OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100' October, 1958, prepared by FRANK D. TARRALL, JR. and ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA. — VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2333 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing wood bulkhead, remove an existing pier and to construct and maintain a new 6' X 18' open pile timber pier, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GP1N: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS HARBOR CANAL) 2500-00-2040-0000; (2333 Leeward Shore Drive) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Harbor Canal, located at the rear of 2333 Leeward Shore Drive, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING NEW OPEN PILE TIMBER PIER IN HARBOR CANAL SEPTEMBER 16, 2013 / REVISED NOVEMBER 22, 2013 FOR CAMILLE A. KATTAN & MARIE THERESE KATTAN 2333 LEEWARD SHORE DRIVE GPIN: 25000020400000 LOT 222, BAY ISLAND SEC 2 BAY ISLAND SUBDIVISION MAP BOOK 048 PAGE 0015 GRAPHIC SCALE: 1" = 40' - 0", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a FIVE HUNDRED SIXTY-SIX DOLLAR ($566.00) payment, payable to the City 3 Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 4 I It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Camille A. Kaftan and Marie T. Kaftan, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2014, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY Or \V /IRGINIA BEACH, a.. •a. LO-WIL. The foregoing instrument was acknowledged before me this day of 2014, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By Camille A. Kattan, Owner By Marie T. Kattan, Owner STATE OF \.) CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this 1 7 day of jklych , 2014, by Camille A. Kattan. Notary Registration9/ 3 Number:)6; (9 My Commission Expires: STATE OF CITY/COUNTY OF , to -wit: (49(.cm )/t (GL t otary Public ------ ....';61"Aii.);- • . ;11' ‘'". • 7°P• F.: < Reg. No. 5. 7046.415 < la 0 • I (t/ The foregoing instrument was acknowledged before me this day of IU,C51J, , 2014, by Marie Therese Kattan. 7ctic4-I Notary Registration Number: My Commission Expires: p /2")/ 7 APPROVED AS TO CONTENTS i LC 8f (11 `f DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 APPROVED AS TO LEGAL SUFFICIENCY AND FORM M ER, ASSOCIATE CITY ATTORNEY ENCROACHMENT AREA: 6.0' x 18.0' (108 SF) 20.0' 18.0' EXISTING PIER TO BE REMOVED PROPERLY DISPOSED 13 0 TODD & KATHERINE HOLLOWELL 2329 LEEWARD SHORE DR. GPIN: 24090939680000 MAP BooK 048 PAGE 00151 BAY ISLAND SUBDIVISION L R = 1700.0' L = 135.0' LEEWARD S H O R E / EXHIBIT A ENCROACHMENT PLAT SHOWING NEW OPEN PILE TIMBER PIER IN HARBOR CANAL SEPTEMBER 16, 2013 / REVISED NOVEMBER 22, 2013 FOR CAMILLE A. KATTAN & MARIE THERESE KATTAN 2333 LEEWARD SHORE DRIVE GPIN: 25000020400000 LOT 222, BAY ISLAND SEC 2 BAY ISLAND SUBDIVISION MAP BOOK 048 PAGE 0015 GRAPHIC SCALE: I" = 40'-0" LOT 221 lecNI-‘5 I 84.25' a x8 7 .W! 9 ,,; .08' NEW 6.0'X 18.0' OPEN PILE TIMBER PIER MLW & MHW AT BULKHEAD N 83°44' 58" w \'I 122.12' , EXISTING BULKHEAD REMAIN 2333 POOL u oxo D RI VE ALL TREES ARE PINE TREES ALL WORK TO BE COMPLETED BY BARGE NINO & SAMANTHA LOGAN 2337 LEEWARD SHORE DR. GPIN: 25000010100000 LOT 223 MAP BOOK 048 PAGE 0015 BAY ISLAND SUBDIVISION 0 10' 30' 50' C A NN A L 100' 2H88 Leeward Shore Drive Legend U City Properties Mpw ro o �owr+SonmsBureau W2e.201a LOCATION MAP ENCROACHMENT REQUEST FOR CAMILLE AND MARIE KATTAN 2333 LEEWARD SHORE DRIVE GPIN 2500-00-2040 Feet 0 100 200 400 • x.+CADOWnwtOARC FAWAGEw,MMwsv.«ward Stay on270040-204012500.011,21240me Item -VI -J.9 ORDINANCES/RESOLUTIONS -70- ITEM #63797 The following individual registered to speak: Kaitlin Baker, 5099 Cypress Point, Phone: 831-0477, requested the permit be granted. Ms. Baker advised she has been employed for the past year -and -half. She has opportunity to enter the Management Program with her current employer. However, in order to do so, she must be able to work in both the Chesapeake and Virginia Beach locations. Ms. Baker stated she was young and is not the same person as she was when she was arrested. Ms. Baker is moving her life forward, in a positive direction and requested she be able to continue working. Councilman Wood made a motion to DENY the Appeal of the Applicant, Kaitlin Jean Baker, for a Precious Metals Dealer Permit, seconded by Councilman Moss The Motion failed Voting: 5-6 Council Members Voting Aye: John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin and John E. Uhrin, Council Members Absent: None May 13, 2014 Item -VI -J.9 ORDINANCES/RESOLUTIONS -71- ITEM #63 79 7(Continued) Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, the Resolution to AUTHORIZE THE APPEAL that the Police Chief GRANT a Precious Metals Dealer Permit to Kaitlin Jean Baker Voting: 8-3 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond and John E. Uhrin Council Members Voting Nay: Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: None May 13, 2014 I 1 A RESOLUTION PERTAINING TO THE APPEAL OF THE 2 CHIEF OF POLICE'S DECISION TO DENY AN APPLICATION 3 FOR A PRECIOUS METALS DEALER PERMIT 4 5 WHEREAS, Kaitlin Jean Baker ("the Applicant") submitted a Precious Metals Dealer 6 Permit application on March 28, 2014; and 7 8 WHEREAS, the Applicant indicated on her application that she had been convicted 9 of a felony offense in the past seven years; and 10 11 WHEREAS, the Applicant's criminal record also includes a criminal misdemeanor 12 charge involving a crime of moral turpitude; and 13 14 WHEREAS, the Applicant was convicted of one felony violation of Code of Virginia § 15 46.2-817(B) [Eluding Police - Endangerment] and one misdemeanor violation of Code of 16 Virginia § 18.2-102 [Unauthorized Use of Motor Vehicle] on October 8, 2010; and 17 18 WHEREAS, the application was denied by the Police Chief because City Code § 18- 19 32 prohibits the Chief from issuing a permit if the applicant has been convicted of a felony 20 or crime of moral turpitude in the seven years prior to the date of application; and 21 22 WHEREAS, in accordance with City Code § 18-32(g), the Applicant appealed the 23 denial to the City Council; and 24 25 WHEREAS, notwithstanding the Applicant's past criminal convictions, the City 26 Council believes the Applicant should receive a permit. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the appeal of the Applicant for issuance of a Precious Metals Dealer Permit is 32 granted, and the Police Department shall issue the Applicant the permit. 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of May , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attor 's O CA13000 R-1 April 18, 2014 PD :8A Kev: (0813) Wale Police ni y of Virginia Beach Municipal Center Building 11 2509 Princess Anne Road Virginia Beach, VA 23456-9064 54f- /),9q 60_,Tb5 Application for Permit V ) ry CTtloos Pawnbroker ($100) _ Second Hand ($100) I Precious Metals ($300) This is a Ikon -Refundable Fee **Prior convictions for Felonies or Crimes of Moral Turpitude (crimes involving lying-, cheating or stealina for seven (7 nears immediatel •receding this a. ; lication, such charg.es ending in court shall constitute grounds for denial of this permit.** This applicant is responsible to be fa.riliar with related City Codes 18-32 and 25-1 through 25-12. Permit is validrom the date issued through December 31st of the calendar year of issuance. Definitions: Pawnbroker: The word "pawnbroker" means any person who shall, in any manner, lend or advance money or other things for profit on the pledge and possession of personal property or other valuable things, other than securities or written or printed evidences of indebtedness, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price. Secondhand dealer: The term "secondhand dealer" means any person who buys, sells, barters or exchanges used or Secondhandarticles, such a- S fiurcanuS; jewetly, office machines, household appliances, radios, television sets; electronic equipment, sporting equipment, photographic equipment, heating or plumbing fixtures or supplies, electrical fixtures or wiring, gas fixtures or appliances; water faucets, pipes, locks, bathtubs or any other secondhand merchandise intended to be resold for use as such This definition does not include those persons who exclusively buy; sell, barter or exchange used or secondhand clothing, furniture and non -electronic children's articles. Dealers in precious metals and Gents: ® "Dealer" means any person, firm, partnership or corporation engaged in the business of purchasing, acquiring or selling secondhand precious metals or gems, or precious metals or gems removed in any manner from manufactured articles not then owned by such person, firm, partnership or corporation. "Dealer" includes all employers and principals on whose behalf a purchase is made and any employee or agent who makes any purchase for or on behalf of an employer or principal. This definition shall not be construed so as to include persons engaged in the following: o Purchases of precious metals or,gems directly from other dealers, manufacturers, or wholesalers for retail or wholesale inventories. o Purchases of precious metals or gems from a duly qualified fiduciary who is disposing of the assets of the estate being administered by such fiduciary in the administration of an estate. o Acceptance by a retail merchant of trade-in merchandise previously sold by such retail merchant to the person presenting that merchandise for trade-in. o Preparing, restoring or designing jewelry by retail merchant, if such activities are within the normal course of business. o Purchases of precious inetals or gems by industrial refiners and manufacturers, insofar as such purchases are made directly frond retail merchants or 1A/ iolesalers. o Persons regularly engaged in the business of purchasing and processing nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-product. PD -8A Rev: 09/13 II INSTRUCTIONS In addition to completing this form, you will need to attach — A signed, notarized PD -150 Criminal Record Information Request for the applicant and each employee operating under this permit ($15 per Criminal Record Information ''equest), and `1= A copy of the business license application ** You must present two forms of ID, one of which must be a government issued photo ID, at the time of application. Employee Application Owner Application (also attach Scale Certification, Copy of Property Deed or Lease & Copy of Bond) Name: (Last nociciAddress: (Street) Primary Phone t�?`` r0-1orlc Phone: '757` t Ea' M` 0 Business Name/Phone: Gre e ct�`°�' (First) C ?O\ (Middle) (City) (State C Business Address: 1011 (Street) i tiktkAi (City) (Zip Code) WO_ ta339,12) (State) (Zip Code) Have you been convicted of any criminal offenses in the past 10 years? Yes 1 1 No (If you respond yes, please explain below. If additional space is required, the back of this application can be used). Do you have any pending charges? Yes No Prior convictions for Felonies or Crimes f Moral Turpitude (crimes involving lying, cheating or stealing) for seven (7) years immediately preceding this application, such charges pending in court shall constitute grounds for denial of this permit. 2 Page Offense - kCi Disposition Court Date Name of l -l -k -i- r-ddOv ickfib VA 1356Eti an.e,rll 2 Page Offense - kCi Disposition r IJ -U71 I\ V. UV) IJ I, the undersigned, affirm that the information contained in this application and any attachments to this document are both correct and complete to the best of my Iciowledge. The willful making of false statements in this application constitutes perjury and is punishable in accordance with § 18.2-434 of the Code of Virginia. I authorize the Virginia Beach Police Department to search their files and Virginia Central Criminal Records Exchange (CCRE) for any criminal history record. I also certify that all applicable sections of Chapters 18 & 25 of the Virginia Beach City Code have been complied with. Signature of Applicant: (/abliq Application Taken . y: Date: Office Record Check Results (Stamp Below) VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH HEARING DATE: October 5, 2010 JUDGE: O'BRIEN COMMONWEALTH OF VIRGINIA vs KAITLIN JEAN BAKER, Defendant Case Number: CR10-3058, CR10-3176, CR10-3210 SENTENCING ORDER Attorney for the Commonwealth: L. Zeidan Attorney for the Defendant: A. Bertman Court Reporter: Fiduciary Reporting, Inc. The defendant was present and represented by counsel. The indictment for the offense of Unauthorized Use of a Motor Vehicle (Felony) was amended to the offense of Unauthorized Use of a Motor Vehicle (Misdemeanor). A written plea agreement was filed and made a part of the record. Upon the defendant's GUILTY PLEA and the stipulated evidence, the Court found the defendant GUILTY of the following offense(s): OFFENSE DESCRIPTION Eluding Police- Endangerment Unauthorized Use of a Motor Vehicle Reckless Driving Resisting Arrest OFFENSE CODE DATE SECTION 07-12-10 46.2-817(B) 07-12-10 18.2-102 07-12-10 46.2-862 07-12-10 18.2-479.1 CRIME CODE REFERENCE [1] REC-6624-F6 LAR -2412-M1 REC-6646-M 1 JUS -4831-M1 Pursuant to the provisions of Code § 19.2-298.01 the applicable discretionary sentencing guidelines and the guidelines worksheets were reviewed and considered by the Court and are ordered filed as part of the record. Before pronouncing the sentence, the Court inquired if the defendant desired to make a statement and if the defendant desired to advance any reason why judgment should not be pronounced. The Court accepted the Plea Agreement and SENTENCES the defendant to: Incarceration in the Virginia Department of Corrections for the term of: 5 years on the charge of Eluding Police- Endangerment. AND Incarceration in the jail of this City for the term of: 30 days on the charge of Unauthorized use of a Motor Vehicle, 30 days on the charge of Reckless Driving and 30 days on the charge of Resisting Arrest. PAGE 2 CR10-3058, CR10-3176, CR10-3210 KAITLIN JEAN BAKER The total sentence imposed is 5 years and 90 days. The Court SUSPENDS ALL BUT 3 MONTHS of the Eluding Police- Endangerment sentence and ALL of the Unauthorized Use of a Motor Vehicle sentence, and ALL of the Reckless Driving sentence, and ALL of the Resisting Arrest sentence, on the following condition(s): 1. Good Behavior. The defendant shall be of good behavior for 5 years. 2. Supervised Probation. The defendant is placed on supervised probation. The defendant shall be on probation until released by the probation officer. Probation under the supervision of a probation officer shall commence upon sentencing unless the defendant is remanded to custody at sentencing then it shall commence upon release from incarceration. The defendant shall comply with all the rules, terms and requirements set by the probation officer. The defendant shall undergo and complete any counseling or treatment as deemed appropriate by her probation officer. This shall include a mental health evaluation and treatment as deemed appropriate by her probation officer. Credit for time served. The defendant sentenced to a term of confinement in a correctional facility shall be given credit for time spent in confinement while awaiting trial pursuant to Code § 53.1-187. Costs. The defendant shall pay costs pursuant to § 19.2-354. Distribution of copies: The Clerk shall send a copy of this order to the: Sheriff Probation Office of this Court Department of Motor Vehicles ENTER: JUDGE: Defendant Identification: SSN: DOB: SEX: FEMALE Clerk: Ilm CERTIFIED TO BE A TRUE COP? 1" OF T J VI.1 BY' DEPUTY CLERK DI Virginia crime codes shall only be used to facilitate administration and research, and shall not have any legal standing as they relate to a particular offense or offenses. Virginia Code § 19.2-390.01. ADD ON -72- ITEM #63 798 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution recognizing Armed Forces Day, May 17, 2014, and the almost 100,000 Military Personnel population - - our neighbors, friends and colleagues - - the Guardians of our shores, along with Regent University for routinely being recognized as Military -friendly educational institution. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 R SOL ON WHEREAS: President Harry Truman, in 1950, proclaimed ARMED FORCES DAY to recognize the Miiitmv services at home and across the seas, staring: "it is vital to the security of the Nation and to the establishment of a desirable peace"; WHEREAS: Memorial Day solemnly mourns the dead. Veterans Day honors past heroes. Armed Forces Day celebrates the living and recognizes those .Armed Forces who are currently defending our counay. Armed Forces Day honors all services, including the active duty Army, Navy, Marine Corps, Air Force and the Coast Guard as well as members of the Military Reserve and National Guard; WHEREAS: Virginia Beach is the largest city in the Commonwealth of Virginia and is home ltto thearges of llargest Master Jet Base on rhe East Coast. Joint Exhibition Base Little Creek/Fort Story is and NAS Oceana/Dam Neck the second largest employers in Virginia and colleagues This hews City is proud Guardians almost 100,000 Military personnel population - - our neighbors, friends of our shores. The salute each member of these leadership teams as well as those who serve in various capacities of protection, maintenance and community leaders; a WHEREAS: Virginia Beach citi_ens thank Regent University for routinely bTRADOC Band and stla Military -friendly educational institution. And, we certainly thank the Army Command Team at Joint Base Langley -Eustis for their voluntary service in times of war as well as in times ofpeace plus their effort to connect with local citizens; and, ;WHEREAS: Virginia Beach remembers there heree till 'hundr doreds of lutes. sands of Americans deployed abroad providing us the security of our fr s rP NO ft THEREFORE, BE IT RESOLVED: That the Members of the Virginia Beach City Council pause in its deliberations this Thirteenth day of May, Two Thousand Fourteen, to pay tribute to: ARMED FORCES DAY May 17, 2014 AND ALL THOSE MENAND WOMEN OE THE MILITARY BE IT FURTHER RESOLVED: That this Resolution be adopted and a copy spread upon the Minutes of this Formal Session of the Virginia Beach City Council. OLA• CouR.obe . "Bob' Dyer "CottrtetfGady Brbara!9lenley ;-ncibnati/.brad Martin Counci(nan yohn D. 0 oss 4 Council La y Shan .' / Kane Council Lady . Amelia N Ross- nd Car hi[man yofm E. 4lftrin ry Wilson n games L. Wood Vice Mayor Louis Ions Mayor William D. "Wil!° Sessoms Item -VI-K PLANNING -73- ITEM #63799 1. BRIAN J. DUNDON VARIANCE 2. JAMES E. and BETHANYS VAUGHAN VARIANCE and and ROBERT P. VA UGHAN CONDITIONAL USE PERMIT 3. GREAT NECK, L.P. and CHANEL MODIFICATION OF CONDITION POINT, LLC 4. R&JPETRO DBA STUDIOS 4 LESS and THE RAMSEY-WHITE COMPANY, L.C. 5. ROBIN RAY 6. C&JINVESTORS, LLC and J&M KELLAM FAMILY PARTNERSHIP 7. NOEL GONZALES and BIRCHWOOD ASSOCIATES, LLC 8. HIF, LLC; HIC, LLC; MACH ONE, LLC 9. CITY OF VIRGINIA BEACH MODIFICATION OF PROFFER NONCONFORMING USE ALTERNATIVE COMPLIANCE CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING May 13, 2014 -74 - Item -VI-K PLANNING ITEM #63800 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2a/b, 3, 4, 5, 6, 7 and 9 of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 -75 - Item -VI-K.1 PLANNING ITEM #63801 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of BRIAN J. DUNDON for a Variance to Section 4.4(b) of the Subdivision Ordinance re an additional residential lot at 449 Old Great Neck Road DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BRIAN J. DUNDON for a Variance to Section 4.4(b) of the Subdivision Ordinance re an additional residential lot at 449 Old Great Neck Road (GPIN 1497975653) DISTRICT 6 - BEACH The following conditions shall be required: 1. The subject site shall be platted substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Property of Brian J. Dundon, LLC"; dated January 20, 2014, and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of May, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 I -76- Item-V-K.2a/b PLANNING ITEM #63802 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of JAMES E. and BETHANY S. VAUGHAN and ROBERT P. VAUGHAN at 2388 Vaughan Road DISTRICT 7 —PRINCESS ANNE a. Variance to Section 4.4(d) of the Subdivision Ordinance re creation of a lot with no direct access to a public right-of-way. b. Conditional Use Permit for Alternative Residential Development BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of JAMES E. and BETHANY S. VAUGHAN and ROBERT P. VAUGHAN at 2388 Vaughan Road (GPIN 24012873 74) DISTRICT 7 —PRINCESS ANNE a. Variance to Section 4.4(d) of the Subdivision Ordinance re creation of a lot with no direct access to a public right-of-way. b. Conditional Use Permit for Alternative Residential Development The following conditions shall be required: 1. The subject site shall be platted and developed substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Property of Robert P. Vaughan and Karen G. Vaughan Being Residual Parcel"; dated December 20, 2013, and prepared by Gallup Surveyors and Engineers, Ltd. Said Plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed access must be constructed and maintained to accommodate 75, 000 pounds of imposed vehicle loading in order to support a fire apparatus. A vertical clearance of Thirteen (13) feet six (6) inches must be maintained over the access. 3. A private access easement shall be placed over the shared portion of the existing private roadway and driveway for the benefit of Parcel A-3. 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 Thirteenth day of May, Two Thousand Fourteen May 13, 2014 I -77- Item-V-K.2a/b PLANNING ITEM #63802(Continued) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 -78 - Item -VI-K.3 PLANNING ITEM #63803 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of GREAT NECK, L.P. and CHANNEL POINTS, LLC for Modification of Condition No. 2 of a Subdivision Variance (approved September 24, 1996) re construction of a residence and pool within the Resource Protection Area (RPA) at 1903 Channel Points Lane DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of GREAT NECK, L.P. and CHANNEL POINTS, LLC for Modification of Condition No. 2 of a Subdivision Variance (approved September 24, 1996) re construction of a residence and pool within the Resource Protection Area (RPA) at 1903 Channel Points Lane (GPIN 1489952368) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. All conditions attached to the Subdivision Variance granted by the City Council on September 24, 1996, are deleted and replaced with the conditions listed below: 2. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan review, the site shall be developed substantially in conformance with the Plan entitled, "Improvement Exhibit," prepared by WPL, dated 02/25/2014. 3. A Tree Protection and Preservation Plan prepared by a Certified Arborist and/or a Landscape Architect that include specific techniques required to save and preserve the Thirty-three (33) -inch Poplar tree, as identified on said Plan in Condition No. 2 above, shall be submitted to the Development Services Center (DSC) and accepted by the DSC 's Landscape Architect prior to issuance of final Site Plan approval. 4. An Arborist Report, prepared by a Certified Arborist or other professional deemed acceptable by the DSC 's Landscape Architect, shall be submitted during final Site Plan review. In the event that it is determined that the health of the thirty-three (33) -inch Poplar tree (identified on the Plan in Condition No. 2 above) is in decline or that due to construction and/or other activities on the site the tree cannot be saved, no development shall be permitted within the Resource Protection Area. 5. Parcel Z, as depicted on said Plan referenced above in Condition No. 2, shall connect to the City sewer. This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of May, Two Thousand Fourteen May 13, 2014 -79 - Item -VI-K.3 PLANNING ITEM #63803(Continued) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 -80- Item -VI-K.4 PLANNING ITEM #63804 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/REVISED PROFFER NO. 4, BY CONSENT, Application of R & J PETRO DBA STUDIOS 4 LESS and THE RAMSEY-WHITE COMPANY, L.C. for Modification of Proffer No. 4 to a Change of Zoning (approved December 4, 2013) from a mixed-use structure to motel rooms at 717 South Military Highway DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of R & J PETRO DBA STUDIOS 4 LESS and THE RAMSEY-WHITE COMPANY, L.C. for Modification of Proffer No. 4 to a Change of Zoning (approved December 4, 2013) from a mixed-use structure to motel rooms at 717 South Military Highway (GPIN 1456275342) DISTRICT 2 - KEMPSVILLE The following conditions shall be required: An Agreement encompassing proffers 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 City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of May, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 -81 - Item -VI-K.5 PLANNING ITEM #63805 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, MODIFIED AS CONDITIONED, BY CONSENT, Application of ROBINRAYfor enlargement of a Nonconforming Use and renovation of a garage at 5202 and 5204 Ocean Front Avenue DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ROBIN RAY for enlargement of a Nonconforming Use and renovation of a garage at 5202 and 5204 Ocean Front Avenue (GPIN 2418898599) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. Except as modified by any further conditions or as necessary to meet the Building code, the modifications to the structure at 5204 Ocean Front Avenue shall be substantially in accordance with the submitted elevation drawings (north, south, east and west), entitled "Ray Residence" dated 12/4/13 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 Thirteenth day of May, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING USE 3 ON PROPERTY LOCATED AT 5202 AND 5204 4 OCEAN FRONT AVENUE 5 6 WHEREAS, Robin D. Ray, Trustee of the Robin D. Ray Qualified Personal 7 Residence Trust (hereinafter the "Applicant") has made application to the City Council 8 for authorization for the enlargement of a nonconforming use located at 5202/5204 9 Ocean Front Avenue in the R -5R Resort Residential Zoning District by enlarging the 10 dwelling at 5202 Ocean Front Avenue; and 11 12 WHEREAS, two single-family dwellings are located on one parcel at 5202 Ocean 13 Front Avenue. One of the dwellings is also located at 5204 Ocean Front Avenue. Two 14 single-family dwellings on one parcel are not currently allowed in the R -5R Zoning 15 District. However, the single-family dwellings were built prior to the adoption of the 16 applicable zoning regulations and are therefore nonconforming; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 19 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 20 City Council authorizing such action upon a finding that the proposed use, as enlarged, 21 will be equally appropriate or more appropriate to the zoning district than is the existing 22 use; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed use, as enlarged, will be 28 equally appropriate to the district as is the existing nonconforming use under the 29 conditions of approval set forth hereinbelow. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the enlargement of the nonconforming use is hereby authorized, upon the 35 following condition: 36 37 That except as modified by any further conditions or as necessary to meet the 38 Building Code, the modifications to the structure at 5204 Ocean Front Avenue shall be 39 substantially in accordance with the submitted building elevation drawings (north, south, 40 east, and west), entitled "Ray Residence," dated 12/4/13. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of May , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i 111121E4 'I Planning 'Iepartment 1 CA13004 R-1 April 30, 2014 City Attorney's OE ice 2 -82 - Item -VI-K.6 PLANNING ITEM #63806 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of C & J INVESTORS, LLC and J & M KELLAM FAMILY PARTNERSHP for Alternative Compliance to the Oceanfront Resort District Form - Based Code to allow erection of four (4) detached dwellings at 516 20"' Street DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of C & J INVESTORS, LLC and J & M KELLAM FAMILY PARTNERSHP for Alternative Compliance to the Oceanfront Resort District Form -Based Code to allow erection of four (4) detached dwellings at 516 20"' Street (GPIN 2417978643) DISTRICT 6 - BEACH The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions or as a result of development Site Plan review, the layout of the site shall be substantially as shown on the Site Plan entitled "CONCEPTUAL SITE PLAN FOR MULTI -FAMILY," dated March 7, 2014, as prepared by Gallup Surveyors and Engineers, LTD. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawing entitled "20th STREET DEVELOPMENT, " dated 12/12/13, as prepared by Beach Building Group. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. By substantially conforming to the submitted Site Plan referenced in Condition No.1, the residential canopy coverage requirement for this site shall be exceeded. 4. A subdivision plat shall be approved by Development Services Center. Said subdivision plat shall include an eighteen (18) foot wide ingress -egress easement over the shared drive aisle. 5. The applicant shall make all proposed right-of-way improvements as required for 20th Street and as further required by Public Works / Traffic Engineering and Planning / Development Services Center as part of Development Site Plan review. 6. The parking spaces and patios shall be constructed of permeable pavers. 7. All landscaping must be maintained in good health. All landscape that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition No. 1. 8. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. May 13, 2014 -83 - Item -VI-K.6 PLANNING ITEM #63806(Continued) 9. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 10. All landscaping shown in the right-of-way on the Site Plan referenced by Condition No. 1 shall require an Encroachment Agreement from Landscape Management. If no agreement is reached, said landscaping shall be accounted for within the subject site. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of May, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 -84 - Item -VI -K.7 PLANNING ITEM #63807 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of NOEL GONZALEZ and BIRCHWOOD ASSOCIATES, LLC for a Conditional Use Permit re an event hall at 329 Birchwood Park Drive DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of NOEL GONZALEZ and BIRCHWOOD ASSOCIATES, LLC for a Conditional Use Permit re an event hall at 329 Birchwood Park Drive (GPIN 1487341778) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. In the event that any portion of the existing privacy fence surrounding the property and adjacent to a residential District is removed or becomes dilapidated, the applicant shall install a solid fence, minimum six feet in height, as a replacement. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an assembly use. 3. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of May, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 -85 - Item -VI-K 8 PLANNING ITEM #63808 Upon motion by Council Lady Kane, seconded by Councilman Martin, City Council, APPROVED, Application of HIF, LLC, HIC, LLC; MACH ONE, LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-18 Apartment re 252 dwelling units at Windsor Oaks Boulevard and Holland Road DISTRICT 3 - ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of HIF, LLC, HIC, LLC; MACH ONE, LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-18 Apartment re 252 dwelling units at Windsor Oaks Boulevard and Holland Road (GPIN 1486144604) DISTRICT 3 - ROSE HALL The following condition shall be required.• An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of May, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 -86 - Item -VI -K.9 PLANNING ITEM #63809 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, Application of CITY OF VIRGINIA BEACH to AMEND 0211 and 216 of the City Zoning Ordinance (CZO) re Sponsorship Signs for Public Art Exhibitions on public property Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2014 1 AN ORDINANCE TO AMEND SECTION 211 OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO 3 SPONSORSHIP SIGNS FOR PUBLIC ART 4 EXHIBITIONS ON PUBLIC PROPERTY, AND 5 SECTION 216 OF THE CITY ZONING ORDINANCE, 6 PERTAINING TO THE APPLICATION OF SUCH 7 SECTION TO CERTAIN PERMITTED SIGNS 8 9 Sections Amended: City Zoning Ordinance Sections 211 10 and 216 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 18 That Sections 211 and 216 of the City Zoning Ordinance are hereby amended 19 and reordained to read as follows: 20 21 Sec. 211. Signs permitted in all districts. 22 The following types of signs are exempted from all of the provisions of this 23 ordinance, except for illumination, construction, and safety regulations and the following 24 standards: 25 (a) Public signs. Signs of a noncommercial nature and in the interest of, 26 erected by or on the order of, a public officer in the performance of his public duty, such 27 as directional signs, regulatory signs, warning signs, and informational signs. 28 29 (b) Temporary signs. 30 31 (1) Temporary signs announcing any public, charitable, educational, 32 religious or other noncommercial event or function, located entirely 33 upon the property on which such event or function is held and set 34 back no Tess than seven (7) feet from the property line, and having 35 a maximum sign area of thirty-two (32) square feet. Such signs 36 shall be allowed no more than thirty (30) days prior to the event or 37 function and must be removed within seven (7) days after the event 38 or function. Such signs may be illuminated in accordance with the 39 restrictions set forth in section 213 hereof. If building -mounted, 40 such signs shall be flat wall signs and shall not project above the 41 roofline. If freestanding, the height of any such sign shall be no 42 more than twelve (12) feet above ground level. 43 44 (2) Temporary signs of a commercial nature announcing grand 45 openings or other special events or promotions, subject to the 46 limitations as to size, height and location set forth in subdivision (1) 47 hereof. Such signs shall be displayed no more than three (3) times 48 per year by any business or establishment, nor for any period in 49 excess of seven (7) days. 50 51 (3) Temporary signs displayed upon balloons, subject to the 52 requirements of subdivisions (1) and (2) hereof, provided, however, 53 that balloons displaying such signs may, if affixed to the roof of a 54 building or structure, project no more than thirty (30) feet above the 55 roofline or, if affixed to the ground, have a height not exceeding 56 thirty (30) feet from ground level. Such signs shall not exceed 57 seventy-five (75) square feet in surface area. 58 59 (4) Temporary signs giving notice of civic leagues' or property owners 60 associations' meetings or events, provided that such signs shall be 61 located on property owned by the civic league or property owners 62 association holding the meeting or event and shall be no greater 63 than thirty-two (32) square feet in area. No more than one (1) such 64 sign shall be permitted at each entrance to the neighborhood or 65 subdivision represented by the civic league or property owners' 66 association. Such signs shall be in place for no more than fourteen 67 (14) days before the meeting or event of which the sign gives notice 68 or three (3) days after the meeting or event has been held. Such 69 signs may be illuminated in accordance with the restrictions set 70 forth in section 213 71 72 (c) Integral signs. Names of buildings, dates of erection, monumental 73 citations, commemorative tablets and the like when carved into stone, concrete or 74 similar material or made of bronze, aluminum or other permanent type construction and 75 made an integral part of the structure. 76 2 77 (d) Private traffic direction signs. Signs directing traffic movement onto a 78 premises or within a premises not exceeding four (4) square feet in area for each sign. 79 80 (e) Political campaign signs. Signs announcing candidates seeking public 81 political office and other data pertinent thereto shall be permitted up to a total area of 82 eight (8) square feet for each premises in a residential zone and thirty-two (32) square 83 feet in a commercial or industrial zone. Such signs shall be confined within private 84 property and shall not encroach into the visibility triangle at street intersections. 85 86 (f) Identification signs. Signs not exceeding one square foot in area and 87 bearing only property numbers, post box numbers, names of occupants of premises, 88 professional or other identification of premises not having commercial connotations. 89 90 (g) Construction signs. One sign on each roadway frontage not exceeding 91 thirty-two (32) square feet in area and bearing only the names and addresses of the 92 project, contractors, architects, developers, planners, financial institutions, or engineers 93 engaged in the construction project and only during the time construction or 94 development is actively underway. Such signs should set back no Tess than ten (10) feet 95 from any property line. 96 97 (h) Commercial signs used for political campaign advertising. Commercial 98 signs may be used for political campaign advertising. The political campaign 99 advertisement shall encompass the entire surface area upon which it is placed. The 100 advertisement shall be secured to the commercial sign in a manner acceptable to the 101 department of permits and inspections. 102 103 (i) Sponsorship signs for public art exhibitions. Signs identifying sponsors of 104 exhibitions of public art authorized by the city council and located on public property. 105 Such signs shall be non -illuminated, no larger than one (1) square foot in area and shall 106 display only the name of a sponsor of the exhibition or the artist that created the art 107 work. 108 109 (j) Signs for public schools and private schools having curriculums similar to 110 public schools. One sign not to exceed twenty-four (24) square feet per face. No sign 111 shall have more than two (2) faces. No sign shall be installed within fifty (50) feet of a 112 residential use. 113 114 (k) Roadside guide signs. Roadside guide signs, subject to the provisions of 115 section 211.1 116 3 I 117 COMMENT 118 119 The amendment allows signs identifying sponsors of exhibitions of public art authorized by 120 the city council and located on public property and sets forth the restrictions on such signs. 121 122 Sec. 216. Outdoor advertising structures, billboards, signboards and poster 123 panels. 124 (a) No new billboards shall be erected within the city limits, effective 125 immediately. All existing billboards shall be governed by the provisions of section 215 of 126 this ordinance. No billboard heretofore erected shall be located, in whole or in part, 127 upon improved property. 128 129 (b) No billboard shall be located within five hundred (500) feet of an 130 interchange, or intersection at grade, on any highway, interstate or city council 131 designated expressway (measured along the highway, interstate or expressway to the 132 nearest point of the beginning or ending of pavement widening at the exit from or 133 entrance to the main traveled way). On all other streets, no billboard shall be located 134 within two hundred (200) feet of any right-of-way of any underpass, overpass, bridge or 135 tunnel or a plaza serving such facility. 136 137 (c) No billboard shall be closer than fifty (50) feet to any property line nor 138 located closer than six hundred sixty (660) feet to the right-of-way line of any interstate 139 or expressway designated by city council, nor closer than twenty-five (25) feet to the 140 right-of-way of any other street. However, no billboard shall be located within two 141 hundred (200) feet of any established residential or apartment zoning district. No 142 billboard shall be located upon any lot having a frontage of less than two hundred (200) 143 feet and an area of less than ten thousand (10,000) square feet. 144 145 (d) The repair of lawfully nonconforming billboards visible from the main 146 traveled way of any interstate highway, federal -aid primary highway as that system 147 existed on June 1, 1991, or national highway system highway shall be governed by the 148 provisions of Virginia Code section 33.1-370.2. No building permit authorizing the repair 149 of any such billboard shall be issued unless owner of the billboard provides to the 150 building codes administrator a letter from the commonwealth transportation 151 commissioner approving the proposed repairs. In the event the building codes 152 administrator determines that the cost of the proposed repairs exceeds fifty (50) percent 153 of the replacement cost of the billboard, he shall, within thirty (30) days of the filing of 154 the building permit application, submit an objection to the determination of the 155 commissioner, together with documentation supporting such objection. A copy of such 4 156 objection and documentation shall be provided to the billboard owner. The 157 determination of the commissioner upon reconsideration shall be binding. 158 159 (e) Nothing in this section shall be construed to prohibit the display of signs 160 allowed pursuant to subsections (i) and (k) of section 211. 161 162 COMMENT 163 164 The amendment makes a technical correction to the ordinance so as not to prohibit signage 165 allowed by Section 211 that may fit the strict definition of the term "billboard" and would thus 166 otherwise be prohibited. Such signs would include sponsorship signs for public art exhibitions 167 (Section 211 (i)), and roadside guide signs (Section 211(k)). 168 169 Adopted by the City Council of the City of Virginia Beach on the 13th day 170 of May , 2014. 171 172 173 174 175 176 177 178 179 180 181 182 CA -12926 183 R-1 184 March 13, 2014 APPROVED AS TO ONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Di'artment City Attorney's Office 5 -87 - ITEM VI -M APPOINTMENTS ITEM #63810 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION SOCIAL SERVICES BOARD THE PLANNING COUNCIL TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD WETLANDS BOARD 2040 VISION TO ACTION COMMUNITY COALITION May 13, 2014 -88 - Item -VI-N UNFINISHED BUSINESS ITEM #63811 Mayor Sessoms advised, after meeting in Closed Session, City Council will move forward with USM Proposal and suspend any and all negotiations with WMJordan. May 13, 2014 -89 - Item -VI-0 ADJOURNMENT ITEM #63812 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:26 P.M. manda Finley -Barnes, MC Chief Deputy City Clerk (462.A.."4 ---"-- Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor May 13, 2014