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Home My WebLink AboutMAY 12, 1998 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH, III, Virginia Beach Borough WILLIAM W. HARRISON, JR., Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At-Large LOUISA M. STRAYHORN, Kempsville Borough JAMES K. SPORE, City Manager CITY COUNCIL AGENDA LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC/AAE, City Clerk May 12, 1998 I. REVIEW OF AGENDA ITEMS - Conference Room - 11:30 AM II. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 12:NOON A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend John Vlk Calvary Chapel of Hampton Roads C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - April 28, 1998 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. RESOLUTIONS 1. Resolution re an AMENDMENT to the Charter of the Hampton Roads Planning District Commission (HRPDC) to allow selection of any Member as Chair or Vice Chair, provided they are elected officials; said Amendment to be effective if approved by two-thirds of the fifteen (15) jurisdictions 2. Resolution to authorize the Hampton Roads Partnership carry out the provisions of the Regional Competitiveness Program (RCP); become a member and a participant; and, authorize the fund distribution methodology proposed by the Partnership. 3. Resolution to request the Virginia Department of Transportation (VDOT) program a Rail/Highway Grade Crossing Project at Kentucky Avenue and Virginia Beach Boulevard; City's share to be ten percent (10%) of the total costs for preliminary engineering, right-of- way and construction; and, should the City subsequently cancel, it will reimburse VDOT the total costs expended through the notification date of cancellation. I. PUBLIC HEARINGS 1. ELECTION PRECINCTS and POLLING PLACES a. Salem Middle School b. Virginia Beach Volunteer Rescue Squad Building C. Salem United Methodist Church d. Contemporary Art Center of Virginia 2. DETERMINATION OF UTILITY FEES 3 . EXCESS CITY-OWNED PROPERTY -- OCEAN PARK SUBDIVISION J. ORDINANCES 1. Ordinance to AMEND and REORDAIN Section 10-1 of the City Code of Virginia Beach re Precincts and Polling Places: a. Roundhill Precinct - Salem Middle School b. Rudee Precinct - Virginia Beach Volunteer Rescue Squad Building C. Salem Precinct - Salem United Methodist Church d. South Beach - Contemporary Art Center Precinct of Virginia 2. Ordinance to AMEND and REORDAIN Section 28-4 of the City Code of Virginia Beach re the procedure used to determine Sanitary Sewer Connection Fees 3. Ordinance to declare City-owned property as EXCESS in the Ocean Park Subdivision reserved areas; and, authorize the City Manager to dispose of same: a. Block 46, Section C (0.457 acres) b. Between Shore Drive and Powhatan Avenue (0.058 acres) 4. PROPOSED RESOURCE MANAGEMENT PLAN a. FY 1998-1999 OPERATING BUDGET APPROPRIATIONS (1) Ordinance to APPROPRIATE for the Fiscal Year beginning July 1, 1998, and ending June 30, 1999, in the sum of One Billion, Nine Million, Four Hundred Seventy-two Thousand, Two Hundred Thirty-four Dollars ($1,009,472,234) for Operations and Three Hundred Forty-three Million, Seven Hundred Forty-two Thousand, Nine Hundred Forty-eight Dollars ($343,742,948)in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. (2) Ordinance to establish the Tax Levy on Real Estate for Fiscal Year 1999 at One Dollar and Twenty-two Cents ($1.22) on each One Hundred Dollars ($100) of assessed valuation. (3) Ordinance to establish the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 1999 at Three Dollars and Seventy Cents ($3.70) on each One Hundred Dollars ($100) of assessed valuation. (4) Ordinance to authorize the City Manager to submit an Annual Funding Plan to the Department of Housing and Urban Development (HUD). (5) Ordinance to AMEND Section 18-5.2 of the City Code re elimination of the requirement for businesses with gross receipts in excess of One Hundred Thousand Dollars ($100,000) to pay a fee for the issuance of a Business License. b. FY 1998 - 1999/FY 2003 - 2004 CAPITAL IMPROVEMENT PLAN (1) Ordinance to authorize the issuance of General Obligation Bonds of the City of Virginia Beach in the maximum amount of $53,800,000 re various Public Facilities and General Improvements. (2) Ordinance to authorize the issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach in the maximum amount of $11,600,000 re improvements and expansions to the City's Water and Sewer System. (3) Ordinance to authorize the issuance of Stormwater Utility System Revenue Bonds of the City of Virginia Beach in the maximum amount of $9,100,000 re improvements and expansions to the City's stormwater utility system. (4) Ordinance re the FY 1998-1999/FY 2003-2004 Capital Improvement Program (CIP); and, APPROPRIATE $126,825,440 for the FY 1998-1999 Capital Budget, subject to funds being provided from various sources, and further subject to any amendments adopted by City Council (5) Ordinances to establish two (2) new School Capital Projects, subject to the availability of year-end surplus revenues in the FY 1997-1998 School Operating Budget (a) APPROPRIATE $89,147,088 to fund CIP #1-212, Elementary School Modernization Program, subject to passage of a proposed November 1998 Bond Referendum (b) APPROPRIATE $2,800,000 to fund CIP #1-196, Instructional Technology, as well as an existing School Capital Project (c) APPROPRIATE $2,200,000 to fund CIP #1-209, Buses and Vehicles Backlog 5. Ordinance to AMEND the FY 1997-1998 Capital Budget re Development Agreement with R.S. Dickson & Company/City of Virginia Beach (Harris Teeter Project, 30th Street Area), as follows: APPROPRIATE $206,646 from the Stormwater Utility Enterprise Fund - Retained Earnings to CIP Project #7-020 Various Drainage Improvements re tidal flooding at Baltic Avenue South of 30th Street; APPROPRIATE $125,000 from the Tourism Growth Investment Fund (TGIF) - Fund Balance; and TRANSFER $105,000 from CIP Project #9-255, Conference/Convention Facility Expansion Planning; and, $75,000 from CIP Project #9-058, Rudee Walk- Phase I(Partial), to CIP Project #9-260, Economic and Tourism Development Partnerships re right-of-way for future expansion of 30th Street. 6. Ordinance to TRANSFER $37,690 from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of the Department of Emergency Medical Services (EMS) re full funding of new Franchise Agreements for Lifeguard and Beach Equipment Rental Services. 7. Ordinance to authorize the City Manager to execute Encroachment Agreements with Oceanfront property owners adjacent to the proposed SEAWALL between 43rd and 58th Streets (VIRGINIA BEACH and LYNNHAVEN BOROUGHS). 8. Ordinance to authorize the Trustees of London Bridge Baptist Church hold not more than thirty (30) acres of land in the City of Virginia Beach, between Potters Road and Route 44, including all land currently titled to allow for future expansion. (Sponsored by Councilman William W. Harrison, Jr.) 9. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY GRAND LIMOUSINE ACE LIMOUSINE 10. REFUNDS: License and Trustee Tax Refunds $ 6,690.31 License Refunds $124.247.49 K. PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. Ordinance in the Petition of R. LEWIS BOGGS for discontinuance, closure and abandonment of the following (VIRGINIA BEACH BOROUGH): a. Parcel 1: Alleyway located between 29th and 30th Streets beginning at the Western Boundary of Arctic Avenue and running in a Westerly direction to the Eastern boundary of Holly Road b. Parcel 2: Alleyway located 140.15 feet North of 27th Street beginning at the Eastern boundary of Holly Road and running 49.93 feet in an Easterly direction (Parcels 1 and 2 contain 6,086.45 square feet). Deferred for Compliance: 09 January 1996 Additional 180-Day Defer-rals: 09 July 1996 14 January 1997 08 July 1997 27 January 1998 Recommendation: FINAL APPROVAL 2. Ordinance in the Petition of the VIRGINIA BEACH SCHOOL BOARD for the discontinuance, closure and abandonment of aportion of 15th Street beginning at the Eastern boundary of Mediterranean Avenue and running 325 feet in an Easterly direction, to allow for expansion and modernization of W.T. Cooke Elementary School, containing 16,250 square feet (VIRGINIA BEACH BOROUGH). Deferred for Compliance: 14 April 1998 Recommendation: FINAL APPROVAL 3. Application of CLEARWATER INVESTMENT ASSOCIATES for enlargement of nonconforming use at the SHERATON HOTEL, Atlantic Avenue and 36' Street, Oceanfront, re construction of a seven-story hotel addition on the adjacent parking lot site (VIRGINIA BEACH BOROUGH). Deferred: 28 April 1998 Recommendation: INDEFINITE DEFERRAL 4. Application of S.A.S. ASSOCIATES for conversion/continuation of a nonconforming use at the Northeast comer of Atlantic Avenue and 31st Street re cosmetic improvements to the property and continued use of the site for indoor/outdoor recreational purposes, containing 18,750 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL 5. Application of TRUSTEES OF VIRGINIA BEACH UNITED METHODIST CHURCH for a Conditional Use Permit for a church (expansion) for classrooms, musical rehearsal area, offices and nurseries at the Southeast corner of Pacific Avenue and 19th Street, containing 1.446 acres (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL 6. Application of JIM BRIGGS for a Conditional Use Permit for mini-warehouses on the North side of Virginia Beach Boulevard, beginning 182.5 feet East of Louisa Avenue (1618 Virginia Beach Boulevard), containing 27,442.8 square feet (LYNNTIAVEN BOROUGH). Recommendation: APPROVAL 7. Application of MARK E. and CYNTHIA SUMMS for a Conditional Use Permit for outside storage of vehicles on the North side of Quality Court, beginning 750 feet more or less East of Central Drive, containing 4.761 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 8. Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for an auto rental establishment on the South side of Laskin Road, beginning 700 feet more or less East of Maxey Drive (1877 Laskin Road), containing 5.035 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL CEREMONIAL OATH and REORGANIZATION Tuesday, July 7,1998 - 2:00 PM City Council Chamber If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKIS OFFICE at 427-4303 Hearing impaired, call: TDD only 4274305 (TDD - Telephonic Device for the Deaf) 05/07/98/cmd AGENDA\04-12-98.PLN www virginia-beach.va.us M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 12,1998 Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION in the Council Conference Room, City Hall Building on May 12, 1998, a 11:30 A.M. ('ouncil Memberv Present. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn ('ouncil Members Absent: None - 2 - AGENDA REVIEW SESSION 11:30 A.M. ITEM # 43513 Council Lady Parker inquired relative: H.2 Resolution to authorize the Hampton Roads Partnership carry out the provisions of the Regional Competitiveness Program (RCP); become a member and a participant; and, authorize the fund distribution methodology proposed by the Partnership. The City Manager advised approximately two weeks ago, a list was forwarded to Members of City Council relative projects tentatively funded and those still under consideration by the Regional Competitiveness Act. Twenty-five (25) proposals have been reviewed with approximately fifteen (15) funded. Council Lady Parker advised many of the projects seemed to be similar to those which normally would have been processed through the Hampton Roads Planning District Commission. ITEM # 43514 Vice Mayor Sessoms referenced correspondence of May 8, 1998, from the City Manager, concerning the amendments to the FY 1998-1999 Operating Budget and the 5-year Capital Improvement Program resulting from the Reconciliation Workshop of May 7, 1998. 4. PROPOSED RESOURCE MANAGEMENT PLAN a. FY 1998-1999 OPERATING BUDGET APPROPRIATIONS (1) Ordinance to APPROPRIATE for the Fiscal Year beginning July 1, 1998, and ending June 30, 1999, in the sum of One Billion, Nine Million, Six Hundred Forty-eight Thousand, Sixty Dollars) ($1,009,648,060) for Operations and Three Hundred Forty-three Million, Seven Hundred Forty-two Thousand, Nine Hundred Forty- eight Dollars ($343,742,948) in Interfund Transfers and regulating the payment of money out ofthe City Treasury, as amended. (2) Ordinance to establish the Tax Levy on Real Estate for Fiscal Year 1999 at One Dollar and Twenty-two Cents ($1.22) on each One Hundred Dollars ($100) of assessed valuation. (3) Ordinance to establish the Tax Levy on Personal Property for the Calendar Year 1999 at Three Dollars and Seventy Cents ($3.70) on each One Hundred Dollars ($100) of assessed valuation; and, One Dollar ($1.00) on each One Hundred Dollars ($100) of assessed valuation on Machinery and Tools. (4) Ordinance to authorize the City Manager to submit an Annual Funding Plan to the Department of Housing and Urban Development (HUD). (5) Ordinance to AMEND Section 18-5.2 ofthe City Code re elimination of the requirement for businesses with gross receipts in excess of One Hundred Thousand Dollars ($100,000) to pay a fee for the issuance of a Business License. May 1-11 1998 - 3 - AGENDA REVIEW SESSION ITEM # 43514 (Continued) b. FY 1998-1999/FY 2003-2004 CAPITAL IMPROVEMENT PLAN (1) Ordinance to authorize the issuance of general Obligation Bonds of the City of Virginia Beach in the maximum amount of $53,800,000 re various Public Facilities and General Improvements. (2) Ordinance to authorize the issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach in the maximum amount of $11,600,000 re improvements and expansions to the City's Water and Sewer System. (3) Ordinance to authorize the issuance of stormwater Utility System Revenue Bonds of the City of Virginia Beach in the maximum amount of $9,100,000 re improvements and expansions to the City's stormwater utility system. (4) Ordinance re the FY 1998-1999/FY 2003-2004 Capital Improvement Program (CIP); and, APPROPRIATE $130,196,440 for the FY 1998-1999 Capital Budget, subject to funds being provided from various sources, andfurther subject to any amendments adopted by City Council (5) Ordinances to establish two (2) new School Capital Projects, subject to the availability of year-end surplus revenues in the FY 1997-1998 School Operating Budget (a) APPROPRIATE $86,714,324 to fund CIP #1-212, Elementary School Modernization Program, subject to passage of a proposed November 1998 Bond Referendum (b) APPROPRIATE $2,800,000 to fund CIP #1-196, Instructional Technology, as well as an existing School Capital Project C) APPROPRIATE $2,200,000 to fund CIP #1-209, Buses and Vehicles Backlog Vice Mayor Sessoms defined the Amendments: 1. Purchase of Former Kempsville Mosquito Control Site +$330,000: ADDED to the CIP to acquire the Kempsville Mosquito Control Site. Funding will be provided from FY 1997-98 ENDING BALANCE and by shifting City resources made available from unanticipated federal revenue 2. Purchase of Former SPCA Site +$635,000: ADDED to the CIP to acquire the old SPCA site on General Booth Boulevard. Funding will be provided from FY 1997-98 ENDING BALANCE and by shifting city resources made available from unanticipated federal revenue. May 12, 1998 - 4 AGENDA REVIEW SESSION ITEM # 43514 (Continued) 3. Extension Agentfor 4-H Program +$13,959: ADDED to the Operating Budget to provide the City's share of funding the salary and benefit costs for an extension agent in the Department of Agriculture to enhance the City's 4-H Program. Funding will be provided by reducing the originally proposed funding for the City's Reserve for Contingencies. Virginia Dare Soil and Water Conservation District Funding -$8,000: DELETED from the Operating Budget to discontinue the City's providing a contribution to the District. The $8,000 will be placed in the City's Reserve for Contingencies. 5. Francis Land House Education Specialist +$37,256: ADDED to the Operating Budget to fund an education specialist position to the Francis Land House staff. An additional $18,000 in estimated revenue will also be added to the Operating Budget. The net $19,256 needed to fund the position will be provided by reducing the originally proposed funding for the City's Reserve for Contingencies. 6. Center for the Arts Funding +$59,000: ADDED to the Operating Budget to provide funding for one-half of the Center's current educational program. Funding will be provided by reducing the originally proposed funding for the City's Reserve for Contingencies. 7. Bow Creek Neighborhood Park +$1,689,000: ADDED to the CIP to acquire the site of the Bow Creek Motel and to construct a neighborhood parkfor the area. Funding will be provided from available charter bonds. 8. Tax Relief for the Elderly Program +$290,000: ADDED to the Operating Budget to provide additional relief for the elderly in paying real estate taxes. The new limits are as follows: Exemption Program: Income - $23,500; Net Worth - $80,000 Freeze Progrom: Income- $30,000, Net Worth - $100,000 Funding will be provided by reducing the originally proposed funding for the city's Reserve for Contingencies 9. Harris Road Bike Path +$267,000: ADDED to the CIP to construct a 2,175' bike path along the east side of Harris Road to improve the safety of children who currently ride bikes on the road. The project will be funded by $29,234 of revenue from private contributions for Bikeway Improvements and by shifting $237,766 of City resource made available from unanticipated federal revenue. May 12. 1998 5 - A GENDA RE VIE W SESSION ITEM # 43514 (Continued) 10. Rudee Inlet Management Study +$450,000: ADDED to the CIP to review andprovide a broad range of alternatives, detailed engineering and environmental reviews of the leading alternatives, the development of design parameters and the appropriate NEPA document. Funding will be providedfrom a state grant of $325,000 and a $125,000 match from the City. The City's funding is available by shifting City resources made available from unanticipated federal revenue. 11. School Operating Budget and School Capital Improvement Program. +$157,826: ADDED to the School Operating Fund for anticipated additional State revenues. In addition, $2,424,339 in resources available within the City/School Revenue Sharing Policy are shifted from the School Operating Fund to the Elementary School Modernization capital project to lower the proposed referendum and related tax rate increase. Within School Operating Fund resources, funds have been redirected from the Instruction category to the other three categories of expenditure to allow funding tied to 84 vacant positions which are not expected to be filled to be directed to other identified needs of the School systems as follows: Administration, Attendance and Health +485,000 To re-establish an operating contingency within the School Operating Fund Pupil Transportation +203,605 To provide additional resourcesfor replacement buses and service vehicles Operations and Maintenance +852,518 To providefor 46 additional custodians, as identified in the School Board's budget The following will be added to the AMENDMENTS and the AGENDA: A resolution expressing City Council's support for the modernization and renovation of aging elementary schools and its commitment to Funding improvements to the oldest of these schools. The following Ordinance has been AMENDED: 5a Ordinance to establish a new School Capital Project and to APPROPRIATE $86,714,324 to fund CIP # 1-212, Elementary School Modernization Program, subject to passage of a proposed November 1998 Bond Referendum The City Attorney advised this Ordinance has been amended to reflect: "That funds in the aggregate amount of $86,714,324 are hereby appropriated for project #1-212, subject to the applicable conditions of the Ordinance to Adopt the FY 1998-99 Capital Improvement Program as adopted by City Council on May 12, 1998". This is basically a "housekeeping " matter. Some of the provisions in the general CIP Ordinance are not applicable to schools. May 12, / 998 - 6- AGENDA REVIEW SESSION ITEM # 43515 Mayor Oberndorf referenced the need for City inspectors on weekends especially with the issue of graffiti. The City Manager advised the work has been scheduled for every other weekend. There are only 4 inspectors. The ultimate solution will be the addition of inspectors. This scheduling on alternate weekends commenced in 1998. Mayor Oberndorf suggested utilizing volunteers, especially those who work with the Police Department. Council Lady McClanan advised a number of retirees have expressed interest in volunteering to issue temporary notices. The City Manager said the utilization of volunteers will be considered. ITEM # 43516 Council Lady Parker indicated she will vote a VERBAL NAY on the Virginia Beach Lifesaving portion of the Ordinance: J.6 Ordinance to TRANSFER $37,690 from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of the Department of Emergency Medical Services (EMS) re full funding of new Franchise Agreements for Lifeguard and Beach Equipment Rental Services. ITEM # 43517 Council Lady McClanan advised the GRAND LIMOUSINE portion includes property on which her husband is involved. Council Lady McClanan wishes to vote a VERBAL NAY. J.10 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY GRAND LIMOUSINE ITEM # 43518 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTIONS/ORDINANCES H.1. Resolution re an AMENDMENT to the Charter of the Hampton Roads Planning District Commission (HRPDC) to allow selection of any Member as Chair or Vice Chair, provided they are elected officials; said Amendment to be effective if approved by two-thirds of the fifteen (15) jurisdictions H.2 Resolution to authorize the Hampton Roads Partnership carry out the provisions of the Regional Competitiveness Program (RCP); become a member and a participant; and, authorize the fund distribution methodology proposed by the Partnership. H.3 Resolution to request the Virginia Department Of Transportation (VDOT) program a Rail/Highway Grade Crossing Project at Kentucky Avenue and Virginia Beach Boulevard; City's share to be ten percent (10%) of the total costs for preliminary engineering, right-of-way and construction; and, should the City subsequently cancel, it will reimburse VDOT the total costs expended through the notification date of cancellation. May 12,1998 - 7 - AGENDA REVIEW SESSION ITEM # 43518 (Continued) J.1 Ordinance to AMEND and REORDAIN Section 10-1 of the City Code of Virginia Beach re Precincts and Polling Places: a. Roundhill Precinct Salem Middle School b. Rudee Precinct Virginia Beach Volunteer Rescue Squad Building c. Salem Precinct Salem United Methodist Church d. South Beach Contemporary Art Center Precinct of Virginia J.2. Ordinance to AMEND and REORDAIN Section 28-4 of the City Code of Virginia Beach re the procedure used to determine Sanitary Sewer Connection Fees J.3. Ordinance to declare City-owned property as EXCESS in the Ocean Park Subdivision reserved areas; and, authorize the City Manager to dispose of same. a. Block 46, Section C (0.457 acres) b. Between Shore Drive and Powhatan Avenue (0.058 acres) J.5. Ordinance to AMEND the FY 1997-1998 Capital Budget re Development Agreement with R.S. Dickson & Company/City of Virginia Beach (Harris Teeter Project, 30th Street Area), as follows: APPROPRIATE $206,646 from the Stormwater Utility Enterprise Fund - Retained Earnings to CIP Project #7-020 Various Drainage Improvements re tidal flooding at Baltic Avenue South of 30th Street; APPROPRIATE $125,000 from the Tourism Growth Investment Fund (TGIF) - Fund Balance; and TRANSFER $105,000 from CIP Project #9-255, Conference/Convention Facility Expansion Planning; and, $75,000 from CIP Project #9-058, Rudee Walk-Phase I(Partial), to CIP Project #9- 260, Economic and Tourism Development Partnerships re right-of-way for future expansion of 30th Street. *J.6 Ordinance to TRANSFER $37,690 from the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget of the Department of Emergency Medical Services (EMS) re full funding of new Franchise Agreements for Lifeguard and Beach Equipment Rental Services. J.7 Ordinance to authorize the City Manager to execute Encroachment Agreements with Oceanfront property owners adjacent to the proposed SEA WALL between 43rd and 58th Streets (VIRGINIA BEACH and LYAWHA VEN BOROUGII,5), May 12, 1998 .8 - A GENDA RE VIE W SESSION ITEM # 43518 (Continued) J.8. Ordinance to authorize the Trustees of London Bridge Baptist Church hold not more than thirty (30) acres of land in the City of Virginia Beach, between Potters Road and Route 44, including all land currently titled to allow for future expansion. (Sponsored by Councilman William W. Harrison, Jr.) **J9 CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: GRAND LIMOUSINE ACE LIMOUSINE J.10 REFUNDS License and Trustee Tax Refunds $ 6,690.31 License Refunds $124,247.49 *Council Lady Parker will vote a VERBAL NAY relative the Virginia Beach Lifesaving portion. **Council Lady McClanan will vote a VERBAL NAY on the GRAND LIMOUSINE portion. - 9 - AGENDA REVIEW SESSION ITEM # 43518 Council Lady Parker advised she and her husband have been friends with the applicant for many years, thus she will ABSTAIN. K.6 Application of JIM BRIGGS for a Conditional Use Permit for mini-warehouses on the North side of Virginia Beach Boulevard, beginning 182.5 feet East of Louisa Avenue (1618 Virginia Beach Boulevard), containing 27,442.8 squarefeet (LYA7VHA VENBOROUGH). ITEM # 43519 Councilman Heischoher advised he will ABSTAIN, as the Heischober family are the owners and he is General Manager. K.8 Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for an auto rental establishment on the South side oflaskin Road, beginning 700 feet more or less East of Maxey Drive (1877 Laskin Road), containing 5.035 acres (LYA7VHAVENBOROUGH). ITEM # 43520 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA. K.1. Ordinance in the Petition of R. LEWIS BOGGS for discontinuance, closure and abandonment of the following (VIRGINIA BEACHBOROUGH): a. Parcel 1: Alleyway located between 29th and 30th Streets beginning at the Western Boundary of Arctic Avenue and running in a Westerly direction to the Eastern boundary of Holly Road b. Parcel 2.- Alleyway located 140.15 feet North of 27th Street beginning at the Eastern boundary of Holly Road and running 49.93 feet in an Easterly direction (Parcels 1 and 2 contain 6,086.45 square feet). K.2. Ordinance in the Petition of the VIRGINIA BEACH SCHOOL BOARD for the discontinuance closure and abandonment of a portion of 15th Street beginning at the Eastern boundary of Mediterranean Avenue and running 325 feet in an Easterly direction, to allow for expansion and modernization of W.T. Cooke Elementary School, containing 16,250 square feet (VIRGINIA BEACH BOROUGH). K.3. Application of CLEARWATER INVESTMENT ASSOCIATES for enlargement of nonconforming use at the SHERATON HOTEL, Atlantic Avenue and 36th Street, Oceanfront, re construction of a seven-story hotel addition on the adjacent parking lot site (VIRGINIA BEACHBOROUGH). K.4. Application of S.A.S. ASSOCIATES for conversion/continuation of a nonconforming use at the Northeast corner of Atlantic Avenue and 31st Street re cosmetic improvements to the property and continued use of the site for indoor/outdoor recreational purposes, containing 18,750 square feet (VIRGINIA BEACH BOROUC,H) May 12, 1998 - 10 AGENDA REVIEW SESSION ITEM # 43520 (Continued) K.5. Application of TRUSTEES OF VIRGINIA BEACH UNITED METHODIST CHURCH for a Conditional Use Permit for a church (expansion) for classrooms, musical rehearsal area, offices and nurseries at the Southeast corner of Pacific Avenue and 19th Street, containing 1.446 acres (VIRGINIA BEACHBOROUGH). K.6 Application of JIM BRIGGS for a Conditional Use Permit for mini-warehouses on the North side of Virginia Beach Boulevard, beginning 182.5 feet East of Louisa Avenue (1618 Virginia Beach Boulevard), containing 27,442.8 square feet (L YNNHA VEN BOROUGH). K.7. Application of MARK E. and CYNTHIA SUMMS for a Conditional Use Permit for outside storage of vehicles on the North side of Quality Court, beginning 750 feet more or less East of Central Drive, containing 4.761 acres (LYNNHAVENBOROUGH). K.8. Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for an auto rental establishment on the South side of Laskin Road, beginning 700 feet more or less East of Maxey Drive (1877 Laskin Road), containing 5.035 acres(LYAWHAVENBOROUGH). Item K.1. (BOGGS) will be AUTHORIZED FOR FINAL APPROVAL, BY CONSENT Item K.2. (VIRGINIA BEACHSCHOOL BOARD) will be AUTHORIZED FOR FINAL APPROVAL, BY CONSENT Item K.3. (CLEARWATER INVESTMENT ASSOCIATES) will be DEFERRED INDEFINITELY, BY CONSENT. Council Lady Parker will ABSTAIN on Item K.6 (BRIGGS) Councilman Heischober will ABSTAIN on Item K.8 (ENTERPRISE RENT-A-CAR) May 12, 1998 - 11 - CITY COUNCIL CONCERNS 11:43A.M. ITEM # 43521 Councilman Baum questioned Item 161 (Agriculture Reserve Program Special Revenue Fund), the majority of which is transferred to other funds. Councilman Baum inquired if this means funds that are not currently being utilized and not being hidden elsewhere. Information will be provided prior to the Formal Session. ITEM # 43522 Councilman Heischober referenced his Memorandum to the Mayor and Members of City Council of May 11, 1998. The water and sewer limitations were not discussed along with real estate tax relief for the elderly and disabled. Councilman Heischober wondered if it was the intent of City Council and/or the City Manager to prepare the same criteria for the exemption to water and sewer lines for those qualified. Clarence Warnstaff, Director of Public Utilities, advised., generally, the City attempts to have the water and sewer ordinances comply and be consistent with the tax provisions. The dollar impact on the water and sewer enterprise fund is extremely small and insignificant. The City staff will be pleased to come back with a specific recommendation. Councilman Heischober further advised that while City Council has agreed upon the real estate tax exemption limits to $23,500 income and $80,000 net worth along with the freeze program for income up to $30,000 and net worth up to $100,000, there was discussion relative increasing the exemption limit for next year (FY 1999-2000) to $25,000 and $100,000 respectively. Councilman Heischober suggested that the City Council not adopt next years limits until monthly reports are received from the City Assessor and evaluated by City Council. Council Lady Henley advised she did not believe this issue could be voted on now for next year's Budget; however, it could be relayed that these exemptions are the City Council's intent. Therefore, when the budget preparation process is formulated for next year, this item would have been factored in before being presented to City Council. ITEM # 43523 Councilman Jones referenced the meeting concerning the Amphitheater attended by Council Members Parker, McClanan and himself. The subject came up rather heatedly relative whether or not it was possible to require or request tickets be held back on some of the shows scheduled for the Amphitheater. The show particularly mentioned was the Jimmy Buffet Entertainment. There appears to be concern on the part of local residents that call-in orders are beating the local residents to the 'punch" in their ability to secure tickets. These tickets are then taken in blocks and "Scalped" at very high prices. This is a public relations issue and should be addressed. Vice Mayor Sessoms advised the citizens with whom he has spoken believe priority should be given to Virginia Beach residents i.e. a day ahead to buy tickets versus being left out "in the cold" ten minutes after tickets have been sold. Mayor Oberndorf believed this should apply to the region. Yesterday, on Radio Station 89.5, there was an hour's worth of call-ins with comments concerning the Amphitheater. The residents of Portsmouth, and other cities, also believed there should be a greater opportunity for residents ofthe region, not just the City regarding access for the tickets. Council Lady Parker advised the citizens believed they, as Virginia Beach 's residents, have paid their tax dollars and they should, at least, have a fair access to the tickets. Council Lady McClanan referenced an excellent article in the Daily Press relative the Amphitheater. The City Attorney advised there are two parties involved in litigation. The City Attorney requested the citizens advise his office relative these "scalped" tickets. Their office will then pursue. Under the contract, the ticketing of shows at the Amphitheater is really the province of Cellar Door as long as Admission Taxes are received by the City for those tickets. The City has not been actively involved in the ticketing process as this was not part of the agreement. The City Attorney and City Manager will confer with the Cellar Door Representatives and address this issue with a report back to City Council. May 12 / 998 12 - CITY COUNCIL CONCERNS ITEM # 43524 Councilman Baum inquired when the ABSTRACT OF VOTES ofthe May 5, 1998 General Election would be SCHEDULED for the City Council Agenda. The City Clerk advised the ABSTRACT was received too late for this Agenda and is SCHEDULED for the City Council Session of May 26, 1998. May 12, 1998 13 - ITEM # 43525 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, May 12, 1998, at 11:55 A.M. ("Ouncil Members Present.- John A. Baum, Linwood 0. Branch, II[, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn ('ouncil Members Absent: None May 12, 1998 - 14 - ITEM # 43526 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose. PERSONNEL MATTERS: Discussion or 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 2.1-344 (A) (1). To Wit: Boards and Commissions, Arts and Humanities Commission Sports Authority of Hampton Roads PUBLICLY-HELD PROPERTY.- Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1 344(A) (3). To-Wit: Agricultural Reserve Program - Blackwater and Princess Anne Boroughs Encroachments - Hurricane Protection Program Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into EXECUTIVE SESSION. Voting. 11-0 (-'ouyicil Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn ('ouncil Members Voting Nay: None ('ouncil Members Absent. None May 12, 1998 - 15 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 12, 1998 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 12, 1998, at 2:00 P.M. C'ouncil Members Present.- John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischoher, Barbara M. Henley, Louis R. Jones, Reha S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Absent: None INVOCATION The Reverend John Vlk Calvary Chapel of Hampton Roadv PLEDGE OF ALLEGIANCE TO THE FLA G OF THE UNITED STA TES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank disclosed there were no matters on the agenda in which he has a '@ersonal interest", as deflned in the Act, either individually or in his capacity as an officer of Wachovia Bank. 7he Vice Mayor regularly makes this Disclosure as he may not know of'the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms'letter ofjanua 1998, is hereby made apart of the record. May 12,1998 - 16 - Item IV-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 43527 Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies, AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting. 11-0 ('ouncil Members Voting Aye.- John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn ('ouncil Members Voting Nay: None ('ouncil Members Absent.- None May 12,1998 Resolution CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 43526, Page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive 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 membees knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R@Hoi City Clerk May 12, 1998 I7- Item IV-F.1. MINUTES ITEM # 43528 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 28, 1998. Voting. 11-0 Council A4embers Voting Aye.- John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn ('ouiicil Members Voting Nay. None ('ouncil Members Absent.- None May 12, 1998 - 18 - Item IV-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 43529 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 12, 1998 - 19 - Item IV-H. RESOLUTIONS ITEM # 43530 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED IN ONE MOTION, Resoludon 1, 2 and 3 of the RESOLUTIONS/CONSENT AGENDA. Voting. 11-0 ('ouncil Members Voting Aye.- John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn ('ouncil Members Voting Nay. None ('ouncil Members Absent. None May 12, 1998 - 20 - Item IV-H.1. RESOLUTIONS ITEM # 43531 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Resolution re an AMENDMENT to the Charter of the Hampton Roads Planning District Commission (HRPDC) to allow selection of any Member as Chair or Vice Chair, provided they are elected officials; said Amendment to be effective if approved by two-thirds of the fifteen (15) jurisdictions Voting.- I 1-0 (By Consent) ('ouncil Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. Me Clana n, Mayo r Meyera E. Obern dorf Nan cy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn ('ouncil Members Voting Nay. None ('ouncil Members Absent: None May 12,1998 A RESOLUTION APPROVING AN AMENDMENT TO THE CHARTER OF THE HAMPTON ROADS PLANNING DISTRICT COMMISSION THAT WILL ALLOW ANY MEMBER OF THE COMMISSION WHO IS AN ELECTED OFFICIAL TO SERVE AS CHAIRMAN OR VICE CHAIRMAN WHEREAS, the Hampton Roads Planning District Commission serves the fifteen jurisdictions of the Hampton Roads area from Gloucester County on the north to Isle of Wight County on the west; WHEREAS, the Commission's charter states that the Chairman and Vice Chairman shall be selected from the Executive Committee which is made up of one representative from each jurisdiction and an alternate; WHEREAS, the entire Commission is made up of members based on representation weighted on population for each jurisdiction; and WHEREAS, the Commission is desirous of amending its charter to allow any Commission member who is an elected official to be eligible for selection as Chairman or Vice Chairman, and to allow the Vice Chairman to also be known as the Chairman-Elect. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach hereby approves an amendment to the charter of the Hampton Roads Planning District Commission that will allow any member of the Commission who is an elected official to serve as Chairman or Vice Chairman, and that will allow the Vice Chairman to also be known as the Chairman-Elect. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day of May, 1998. CA-7008 DATA/ORDIN/HRPDC.RES DATE PREPARED: May 6,1998 R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Robed W. 'If tthias City Attorney 21 - Item IV-H.2. RESOLUTIONS ITEM # 43532 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrivon, City Council ADOPTED: Resolution to authorize the Hampton Roads Partnership carry out the provisions of the Regional Competitiveness Program (RCP); become a member and a participant; and, authorize the fund distribution methodology proposed by the Partnership. Voting.- I I - 0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, MayorMeyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay.- None ('ouncil Members Absent. None Mai) 12, 1998 A RESOLUTION AUTHORIZING THE HAMPTON ROADS PARTNERSHIP TO CARRY OUT THE PROVISIONS OF THE REGIONAL COMPETITIVENESS PROGRAM AND APPROVING THE FUND DISTRIBUTION METHODOLOGY PROPOSED BY THE HAMPTON ROADS PARTNERSHIP WHEREAS, in 1996, the Virginia General Assembly adopted the Regional Competitiveness Act (the "Act"), Chapter 26.3 of Title 15.1, Sections 15.1-1227.1 through 15.1-1227.5 (recodified, effective December 1, 1997, as Article 3, Chapter 13 of Title 15.2, Sections 15.2-1306 through 1310) of the Code of Virginia, to encourage counties, cities and towns to work together for their mutual benefit and that of the Commonwealth of Virginia; WHEREAS, to encourage regional strategic planning and cooperation, the Act establishes an incentive fund administered by the Virginia Department of Housing and Community Development (VDHCD) to be used to encourage and reward regional strategic economic development planning and joint activities; WHEREAS, incentive funds are disbursed to qualified regions in an amount equal to the percentage of the funds appropriated in incentive payments for a fiscal year that represents the region's percentage of the total population of all qualified regions: WHEREAS, the Hampton Roads Partnership (the "Partnership") is a Virginia non- profit, non-stock corporation comprised of leading representatives from the public, business, education, civic, and military communities whose mission is to enhance regional cooperation and improve economic competitiveness in the Hampton Roads Region (the "Region") which is defined as the Cities of Norfolk, Virginia Beach, Portsmouth. Chesapeake, Suffolk, Newport News, Hampton, Franklin, Poquoson and Williamsburg; the Counties of Gloucester, Isle of Wight, James City, Southampton and York; and the Town of Smithfield; WHEREAS, the Partnership, in close cooperation with the Hampton Roads Planning District Commission, submitted the Region's successful application for Regional Competitiveness Program (RCP) incentive funding in June 1997, and received such funding in October 1997; WHEREAS, in recognition of the Partnership's role in fostering regional cooperation and economic competitiveness, the Hampton Roads Mayors and Chairs caucus supports distribution of all RCP funds received by the region directly to the Partnership (distribution methodology); WHEREAS, the RCP guidelines require that each municipality designate, by resolution, approval of the region's RCP incentive funds distribution methodology; and WHEREAS, City Council supports the Partnership's efforts to carry out the provisions of the RCP and to administer the monetary incentives on its behalf. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby recognizes the Hampton Roads Region as a partner contemplated by the Regional Competitiveness Act and wishes to be a member of and a participant in the Hampton Roads Region; and BE IT FURTHER RESOLVED: That City Council hereby supports the Partnership's efforts to carry out the provisions of the Regional Competitiveness Program and authorizes the Partnership to receive RCP incentive funding on behalf of the Region. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day of May 1998. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY! It RobertW.'Ik tthias 'City Attorney CA-7007 G:\DATA\ORDIN\NONCODE\HRPRCP.RES DATE PREPARED: May 6,1998 Rl 22 Item IV-H.3. RESOLUTIONS ITEM # 43533 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Resolution to request the Virginia Department of Transportation (VDOT) program a Rail/Highway Grade Crossing Project at Kentucky Avenue and Virginia Beach Boulevard; City's share to be ten percent (10%) of the total costs for preliminary engineering, right-of-way and construction; and, should the City subsequently cancel, it will reimburse VDOT the total costs expended through the notification date of cancellation. Voting.- II -0 (By Consent) ('ouncil Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn ('ouncil Members Voting Nay. None ('ouncil Members Absent - None May 12, 1998 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO PROGRAM A RAIL/HIGHWAY GRADE CROSSING PROJECT AT KENTUCKY AVENUE AND VIRGINIA BEACH BOULEVARD WHEREAS, the City of Virginia Beach desires that the Virginia Department of Transportation ("VDOT") program a rail/highway grade crossing project at Kentucky Avenue and Virginia ,2 Beach Boulevard; and WHEREAS, in accordance with VDOT construction allocation 4 procedures, it is necessary that City Council adopt a resolution 15 requesting VDOT to program an urban highway project in the City of 16 Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY H OF VIRGINIA BEACH, VIRGINIA: 9 That City Council hereby requests the Virginia Department 2(@ of Transportation to program a project for the improvement of the Kentucky Avenue railroad crossing with traffic signal preemption Capabilities at Virginia Beach Boulevard and Kentucky Avenue. BE IT FURTHER RESOLVED: That City Council hereby agrees to pay the City's share, ,@5 10.0%, of the total costs for preliminary engineering, right-of- way, and construction of the project; and BE IT FURTHER RESOLVED: 28 That City Council hereby agrees that if the City subsequently decides to cancel the project, the City will reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date The @2 Department is notified of such cancellation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May, 1998. 3,) "A-6972 I- 3c@, ORE)IN\NONCODE\PAILCROSSING.RES @@8 PREPARED: April 13, 1998 CTTY ATTO@l,:','@' @blic @rks ContractS Off iCO 2 - 23 Item. IV-1.. PUBLIC HEARING ITEM # 43534 Mayor Oberndorf DECLARED A PUBLIC HEARING: ELECTION PRECINCTS AND POLLING PLACES Salem Middle School Virginia Beach Volunteer Rescue Squad Building Salem United Methodist Church Contemporary Art Center of Virginia There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. May 12,1998 24 Item IV-2. PUBLIC HEARING ITEM # 43535 Mayor Oberndorf DECLAPED A PUBLIC HEARING: DETERMINATION OF UTILITY FEES The following registered to speak: James Phipps, 2312 Sandpiper Road, Phone: 426-2422, advised he had signed and paid the original fees for the sewer hookups in Sandbridge and recently received a letter offering an alternate fee schedule, which would apparently save him approximately $500.00 over and above the fees paid on April 30. the Utility Department advised this alternate fee schedule did not apply as the fee was already paid. It seems inequitable he would be paying one fee and the rest of his neighbors would be paying a lower fee. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. May 12, 1998 - 25 - Item IV-3. PUBLIC HEARING ITEM # 43536 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCESS CITY-OWNED PROPERTY -- OCEAN PARK SUBDIVISION There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. May 12, 1998 26 Item IV-J. ORDINANCES ITEM # 43537 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED IN ONE MOTION, Items 1, 2, 3, 5, 6, 8, 9 and 10 of ORDINANCES/CONSENT AGENDA. Item 2 was DEFERRED UNTIL THE CITY COUNCIL SESSION OF 5/26/98, BY CONSENT. Voting. 11-0 ('ouncil Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay. Alone C'ouncil Members Absent. None ('ouncilLadyParker voted a VEPBAL NA Yon Item J 6. on theportion related to Virginia Beach Lifesaving Services. (,'oun cil Lady -)VIcClanan ABSTAINED on Item 9. a. (GRAND LIMO USINES), includes property, which her husband is involved. May 12, 1998 - 27 Item IV-J.1. ORDINANCES ITEM # 43538 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED. Ordinance to AMEND and REORDAIN Section 10-1 of the City Code of Virginia Beach re Precincts and Polling Places: Roundhill Precinct Salem Middle School Rudee Precinct Virginia Beach Volunteer Rescue Squad Building Salem Precinct Salem United Methodist Church South Beach Contemporary Art Center Precinct of Virginia Voting. 11-0 (By Consent) ('ouizcil Members Voting Aye.- John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn ('ouncil Members Voting Nay. None ('ouncil Members Absent: None May 12,1998 L AN ORDINANCE TO AMEND THE CITY CODE 2 BY ADDING TWO NEW PRECINCTS AND 3 POLLING PLACES, AND CHANGING TWO 4 EXISTING POLLING PLACES SECTION AMENDED: SECTION 10-1 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 10-1 of the City Code is hereby amended and 9 reordained to read as follows: i-O Sec. 10-1. Establishment of precincts and polling Places. @l There are hereby established in the city the following 'L2 precincts and their respective polling places, as set forth below: 13 Precinct Polling Place 14 Alanton Alanton Elementary School @5 Aragona Bayside Middle School Grade 6 1-6 Arrowhead Arrowhead Elementary School Baker Heritage United Methodist Church @8 Bayside Bayside Elementary School '-9 Bellamy Indian Lakes Elementary School '20 Blackwater Blackwater Fire Station ,@'l Bonney Center for Effective Learning 22 Brandon Brandon Middle School Cape Henry Research and Enlightenment Building (Edgar Cayce Library) Capps Shop P.A. Mosquito Control Building ,@6 Centerville Centerville Elementary School @,@7 Chesapeake Beach Bayside Baptist Church @8 College Park College Park Elementary School @@9 Colonial Colonial Baptist Church Courthouse Courthouse Fire Station Creeds Creeds Fire Station @2 Culver Ocean Lakes High School Davis Corner Bettie F. Williams Elementary School @4 Eastern Shore Eastern Shore Chapel @5 Fairfield Fairfield Elementary school @6 Forest Kings Grant Elementary School Glenwood Glenwood Elementary School @8 Great Neck Francis Asbury United Methodist Church 9 Green Run Green Run Elementary School Hilltop Good Shepherd Lutheran Church Holland Holland Elementary School @2 Homestead Providence Presbyterian Church i@3 Hunt Princess Anne Recreation Center @4 Kings Grant St. Nicholas Catholic Church @5 Kingston Kingston Elementary School 46 Lake Smith Bayside Church of Christ ,,7 Landstown Landstown Community Church ia Larkspur St. Andrews United Methodist Church Linkhorn Virginia Beach Community Chapel Little Neck St. Aidan's Episcopal Church London Bridge London Bridge Baptist Church Lynnhaven Grace Bible Church Magic Hollow Roma Lodge No, 254 Malibu Malibu Elementary School Meadows Pembroke Meadows Elementary School Mt. Trashmore Windsor Woods Elementary School North Beach Galilee Episcopal Church Ocean Lakes Ocean Lakes Elementary School Ocean Park Bayside Christian Church Oceana Scott Memorial United Methodist Church Old Donation Old Donation Center for Gifted 2 Pembroke Pembroke Elementary School ,12 Plaza Lynnhaven Elementary School Point O'View Kempsville Church of Christ Providence Kempsville Recreation Center Red Wing Fire Training Center Rosemont Forest Rosemont Forest Elementary School i,S Roundhill Salem Middle School Rudee Virginia Beach Volunteer Rescue Squad Building Salem Salem United Methodist Church -@2 Seatack Seatack Elementary School Shannon Church of the Ascension -14 Shell Unity Church of Tidewater 5 Sherry Park St. Matthews Catholic Church Sigma St. John the Apostle Catholic Church South Beach Virginia r of v Stratford Chase Providence Elementary School 9 @O Strawbridge Strawbridge Elementary School 91 Thalia Thalia Elementary School C2 Thoroughgood Independence Middle School Timberlake White Oaks Elementary School S4 Trantwood Virginia Beach Christian Church @c@ Windsor Oaks Windsor Oaks Elementary School sf@ Witchduck Bayside Presbyterian Church 8'7 wolfsnare Church of the Redeemer 88 Woodstock Avalon Church of Christ 89 Central Absentee Agriculture/Voter Registrar 90 Voter Precinct Building 3 9i Adopted by the City Council of the City of Virginia Beach on 92 this 12 day of May 1998. )3 94 CA-6955 95 DATA/ORDIN/PROPOSED/10-001.ORD 96 R2 9@ DATE PREPAREI): 04/10/98 APPROVED AS TO CONTENTS: @oter Registrar APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 4 BEACH r LUc-i\@@ INDUSTRIAL DISTRICT L CITY BOUN STATE BO AK ffA AP R viSION &Vr6Z a) yl;f;lol;v NEf AUGUST 15,1989 CHE M4RCH 20,1990 WIT wo JANUARY 4,1992 O( MARCH lo, 1992 SC Cl 81 OCT013ER 6,1992 N, p JUNE 7,1994 L m MARCH 14,1995 AUGUST 8,1995 OWLS C TENNIS OCTOBER 24,19951 FEBRUARY 11, 1997 -I 4 . r.-- @ I a 1 )'TRA-TF,.g)RD. LE EM - 28 Item IV-J.2. ORDINANCES ITEM # 43539 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council DEFERRED two weeks until the City Council Session of May 26, 1998: Ordinance to AMEND and REORDAIN Section 28-4 of the City Code of Virginia Beach re the procedure used to determine Sanitary Sewer Connection Fees. Voting.- 11-0 (By Consent) Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None ('ouncil Members Absent. None May 2, 1998 - 29 - Item IV-J.3. ORDINANCES ITEM # 43540 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to declare City-owned properly as EXCESS in the Ocean Park Subdivision reserved areas, and, authorize the City Manager to dispose of same., Block 46, Section C (0.457 acres) Between 5hore Drive and Powhatan Avenue (0.058 acres) Voting.- II -0 (By Consent) Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent. None May 12, 1998 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO CONVEY SAME TO THE ADJACENT OWNER. WHEREAS, the City of Virginia Beach acquired ownership of the hereinafter described property by deed recorded in Deed Book 2752, at Page 0162; and WHEREAS, the City Council is of the opinion that the property is in excess of the needs of the City of Virginia Beach and should be sold to the adjacent landowner; O & R, Inc., t/a O & R Development, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to convey the property to the aqjacent landowner, O & R, Inc., t/a O & R Development. The following property shall be sold and is more particularly described as follows: All that certain lot, piece or parcel of land situate in the Bayside Borough of the City of Virginia Beach, Virginia, and designated and described as "EXCESS RESERVED CITY LAND TO BE TITLED IN THE NAME OF O & R, INC. - AREA 1: 19,890± SQFT. - AREA 2: 2,540± SQFT" as shown on that certain plat entitled: "EXHIBIT OF AREA TO BE EXCHANGED BETWEEN BLOCK 40, SECTION B, BLOCK 46 SECTION C AND BLOCK 47 SECTION C OF OCEAN PARK (SECTION B. M.B. 5, P. 132) (SECTION C, M.B. 5, PART 2, P. 195) - BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA . SCALE 1" 100'- JANUARY 30, 1998" a copy of which is on file with the City of Virginia Beach/Department of Public Works/Office of Real Estate. SAID PARCELS BEING a part of the same property conveyed to Grantor by deed dated July 20, 1988 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2752, at Page 0162 (GPfN's 1489-29-5012 and 1489-28-6854). The City Real Estate Agent has determined the fair market value of the subject properties to be $89,720.00 and the City Council concurs that said amount is to be the sale price of the subject property and retains the right to reserve easements and other property rights included but not limited to covenants and restrictions it may deem appropriate before the property is declared excess and sold. The purchaser must submit a plan to the City of Virginia Beach Development Services Center (DSC) for review which satisfactorily addresses the issue of storm water drainage outfall in the area of the subject properties and the means by which it will be accommodated. 4. The purchaser shall be required to resubdivide the subject properties and its adjacent property and to vacate any interior lot lines. 5. Any building site(s) created shall connect to public water and sewer where available. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May, 1998. CA- 6??9 PREPARED: 04/21/98 A ROVED AS TO CONTENI c s APPROVED AS TO LEGA 1, SUFFICIEN @ent of L@v/ @SITE LOCATION MAP SCALE 1" 1,600' LOCATION M) p ... SHOWING EXCESS CITY OWNED-T PROPERTY RESERVED AREA BLOCK 46, OCEAN PARK, SECTION C (19,890 ± SQUARE FEET /0.457 ± ACRES) GPIN 1489-29-5012 AND RESERVED AREA BETWEEN SHORE DRIVE AND POWHATAN AVENUE, OCEAN PARK (2,540 ± SQUARE FEET/0.058 +- ACRES) GPIN 1489-28-6854 APPLICANT- 0. & R. DEVELOPMENT, INC. SCAL . @V Nu t:z- z tx .z8 ---------- ---------- LU w LU LL 0 EL ix u z L:z 4 Ti WZI 0 @ci LUO z U -J 0 CO @z zi 0,0 z cn -4 Z @ 0 0 u Lu ex 0 (L EL oil w 0 LU > yji;b LU LU w LL 8. L) Lf) 19 z - 30 - Item IV-J.4 a/b ORDINANCES ITEM # 43541 Charmaine Wentz, 2241 Lynn Road 23451, Phone: 481-7704, requested additional tax relief for the elderly. Lyle Pugh, District Chair - Virginia Dare Soil and Water Conservation District, 1 755 Centerville Turnpike South, Chesapeake 23322, Phone.- 421-2 710, spoke in OPPOSITION to the City's deletion of the contribution to the District. Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED, AS AMENDED with ATTACHMENT A*, 4 a. FY 1998-1999 OPERATING BUDGET APPROPRIATIONS 1, 2, 3, 4, 5 and 4 b. FY 1998-1999/FY 2003-2004 CAPITAL IMPROVEMENT PLAN 1, 2, 3, 4, 5 a/b/c (AS AMENDED) with the ADD-ON Resolution: Resolution to express City Council's support for the modernization and renovation of aging elementary schools and its commitment to fund improvements to the oldest of these schools. Vice Mayor Sessoms DEFINED the Amendments: 1. Purchase of Former Kempsville Mosquito Control Site +$330,000: ADDED to the CIP to acquire the Kempsville Mosquito Control Site. Funding will beprovidedfrom FY 1997- 98 ENDING BALANCE and by shifting City resources made available from unanticipated federal revenue. 2. Purchase of Former SPCA Site +$635,000. ADDED to the CIP to acquire the old SPCA site on General Booth Boulevard. Funding will be provided from FY 1997-98 ENDING BALANCE and by shifting City resources made available from unanticipated federal revenue. 3. Extension Agent for 4-H Program +$13,959. ADDED to the Operating Budget to provide the City's share of funding the salary and benefit costs for an extension agent in the Department of agriculture to enhance the City's 4-H Program. Funding will be provided by reducing the originally proposed funding for the City's Reserve for Contingencies. 4. Virginia Dare Soil and Water Conservation District Funding -$8,000: DELETED from the Operating Budget to discontinue the City's providing a contribution to the District. The $8,000 will be placed in the City's Reserve for Contingencies. 5. Francis Land House Education Specialist +$37,256: ADDED to the Operating Budget to fund an education specialist position to the Francis Land House staff. An additional $18,000 in estimated revenue will also be added to the Operating Budget. The net $19,256 needed to fund the position will be provided by reducing the originally proposed funding for the City's Reserve for Contingencies. 6. Centerfor the Arts Funding +$59,000. ADDED to the Operating Budget to provide funding for one-half of the Center's current educational program. Funding will be provided by reducing the originally proposed funding for the City's Reverve for Contingencies. May 12,1998 - 31 Item IV-J.4 a/b ORDINANCES ITEM# 43541 (Condnued) 7. Bow Creek Neighborhood Park +$1,689,000: ADDED to the CIP to acquire the site of the Bow Creek Motel and to construct a neighborhood park for the area. Funding will be provided from available charter bonds 8. Tax Relief for the Elderly Program +$290,000: ADDED to the Operating Budget to provide additional relief for the elderly in paying real estate taxes. The new limits are as follows. Exemption Program: Income - $23,500, Net Worth - $80,000 Freeze Program:Income - $30,000;Net Worth - $100,000 Funding will be provided by reducing the originally proposed funding for the City's Reserve for Contingencies 9. Harris Road Bike Path +$267,000. ADDED to the CIP to construct a 2,175' bike path along the east side of Harris Road to improve the safety of children who currently ride bikes on the road. The project will be funded by $29,234 of revenue from private contributions for Bikeway Improvements and by shifting $237,766 of City resources made available from unanticipated federal revenue. 10. Rudee Inlet Management Study +$450,000: ADDED to the CIP to review and provide a broad range of alternatives, detailed engineering and environmental reviews of the leading alternatives, the development of design parameters and the appropriate NEPA document. Funding will be provided from a state grant of $325,000 and a $125,000 match from the City. The City's funding is available by shifting City resources made available from unanticipated federal revenue. 11. School Operating Budget and School Capital Improvement Program. +$157,826: ADDED to the School Operating Fund for anticipated additional State revenues. In addition, $2,424,339 in resources available within the City/School Revenue Sharing Policy are shifted from the School Operating Fund to the Elementary School Modernization capital project to lower the proposed referendum and related tax rate increase. Within School Operating Fund resources, funds have been redirected from the Instruction category to the other three categories of expenditure to allow funding tied to 84 vacant positions which are not expected to be filled to be directed to other identified needs of the School systems as follows: May 12,1998 - 32 - Item IV-J.4a/b ORDINANCES ITEM # 43541 (Continued) Administration, Attendance and Health +485,000 To re-establish an operating contingency within the School Operating Fund Pupil Transportation +203,605 To provide additional resources for replacement buses and service vehicles Operations and Maintenance +852,518 To provide for 46 additional custodians, as identified in the School Board's budget Voting.- 11-0 ('ouncil Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, MayorMeyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None ('ouncil Members Absent: None May 12, 1998 OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757) 427 4242 V RGI@@IA BEACH VIRGINIA 23456 9001 FAX 17571 427-4135 May 8, 1998 IDD i757@ 427 4305 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Dear Councilmembers Subject FY 1998-99 Operating Budget and FY 1998-99 - 2003-04 Capital Improvement Program Amendments Attached are the amendments to the Operating Budget and C.I.P resulting from your Reconciliation Workshop of May 7. As in prior years, if the attached is acceptable, the Council need only vote to approve the ordinances in your agenda package as amended by Attachment A to this letter, in order to enact the Operating Budget and C.I.P. for FY 1998-99. Thank you again for your investment of time and effort in he budget process. Please call if you have questions. Sincerely, Spore a la Per JKS:kc Attachment A: Amendments to FY 1998-99 Operating Budget and FY 1998-99 - 2003-04 Capital Improvement Program City of Virginia Beach, Virginia Fy 1998-99 operating Budget Summary of City Council Reconciliation Workshop Amendments Amount Estimated Revenue Proposed FY 1998-99 Operating Budget $ 1,009,472,234 Fee Revenues - Francis Land House 18,000 State Contribution - School Operating Fund 157,826 Adopted FY 1998-99 Operating Budget $ 1.009.648.060 Appropriations Proposed FY 1998-99 Operating Budget $ 1,009.472,234 Agriculture Extension Agent - 4H Program 13,959 Non-Departmental: Regional Parbcipation Contribution to Virginia Dare Soil and Water Conservation (8,000) Non-Departmental: Revenue Reimbursements Real Estate Tax Relief increase in benefits 290,000 Museums Francis Land House Position 37,256 Contemporary Arts Center Grant 59,000 SchooLs( Adjustments based on School Board adopted Budget) Pay-as-you-Go Capital Budget Allocation 2,424,339 School Operating Fund - City Council recommended total budget after this (2,266,513) adjustment would be as follows: instruction $ 350,602,100 Administration, Attendance and Health 14,950,501 Transportation 17,556,899 Operations and Maintenance 47,139,378 Total $ 430,248,878 General Fund Reserve for Contingencies Reduction to fund above items (374.215) Adopted FY 1998-99 Operating Budget $ 1,009,648,060 Note: School Operating Fund to be appropriated by Category ATTACHMENT A City of Virginia 13sach, Virginia Fy 1998-99 Capital Budget and Fy 1998-99/FY 2003-04 Capital Improvement Program Summary of City Council Reconciliation Workshop Amendments FY 1998-99 Capital Capital Improvements Budget rem Estimated Sources of Funding Proposed in FY 1998-99\FY 2003-04 Capital Improvement Program $ 220,972,528 $ 1,188,995,484 Referendum Bonds for Schools (7.300,000) (7,300.000) Changes in Charter Bonds(Bow Creek MoteVNeighborhood Park) 1,689,000 1,689,000 State Contribubon - Rudee Inlet Management Study 325,000 325,000 Private Contribution - Sikeway Improvements 29,234 29,234 (To be used for Harris Road Bikeway) State Contribution - School Construction 2,442,897 4,875,661 Parks and Recreation Fund - Fund Balance 0 99,000 Prior Allocation for Bow Creek Motel/Neighborhood Park Site Feasibility Study Federal Revenue - Army Corps of Engineers 600,000 600,000 Changes in funding from General Fund Balance 727,766 727,766 Changes in funding from General Fund School Operating Fund allocations shifted to School Capital Projects 2,424,339 2,424.339 Adjusted FY 1998-99TY 2003-04 Capital Improvement Program $ 221,910,764 $ 1,192,465,484 Estimated Allocations Proposed in FY 1998-99\FY 2003-04 Capital Improvement Program $ 220,972,528 $ 1,188.995,484 Schools Section Elementary School Modernization Program (2,432,764) 0 (Funding moves from First year to Second year of CIP based on availability of State Contribution) Roadways Section Harris Road Bike Path 267,000 267,000 Buildings Section Former Kempsville Mosquito Control Site Land Acquisition 330,000 330,000 Former SPCA Site Land Acquisition 635,000 635,000 Total Adjustments to Buildings Section 965,000 965,000 Parks and Recreation Section Bow Creek Motel/Neighborhood Park(Includes Prior Funding for 1,689,000 1,788,000 Feasibility Study) Coastal Section Rudee Inlet Management Study 450,000 450,000 Adjusted FY 1998-99NFY 2003-04 Capital Improvement Program $ 221,910.764 $ 1,192,465,484 ATTACHMENT A City of Virginia Beach, \Arginia FY 1998-1999 Capital Budget and FY 1998-1999/FY 2003-2004 Capital Improvement Program Summary of City Council Reconciliation Workshop Amendments Project Number Project Tide Project Change Schools Section 1-212 Elementary School Modernization Program Reflect reduction of Referendum Funding with the availability of additional State revenue and the reallocation of funding from the School Operating Budget. Roadways Section 2-023 Harris Road Bike Path New Project Buildings Section 3-116 Former Kempsville Mosquito Control Site Acquisition New Project 3-117 Former SPCA Site Acquisition New Project Parks and Recreation Section 4-003 Bow Creek Neighborhood Park Includes funding for acquisition of the site, demolition of buildings and construction of a park. Coastal Section 8-077 Citywide Sand Replenishment Project Reflects Increase in Federal Army Corps Of Engineering funding and a corresponding reduction to City Funding. 8-301 Rudee Inlet Management Study New Project Changes are reflected in attached new and revised Capital Improvement Program Project Detail Sheets ATTACHMENT A From: Catheryn Whitesell To: CaUGUS99 Date: 5/29/98 10:27am Subject: Attachments The first attachment (cityco) is the city council's adjustments to the FY 1998-99 Resource Management Plan. The second attachement (finals) is the final outcome of the caucus'deliberations. Hope this helps -- Catheryn Council Amendments FY 1998-99 Resource Management Plan 1. Purchase of Former Kempsville Mosquito Control Site + $330,000: added to the CIP to acquire the Kempsville Mosquito Control Site. Funding from FY 1997-98 ending balance and by shifting city resources made available from unanticipated federal revenue. 2. Purchase of Former SPCA Site + $635,000: added to the CIP to acquire the SPCA site. Funding from FY 1997-98 ending balance and by shifting city resources made available from unanticipated federal revenue. 3. Extension Agent for 4-H Program + $16,959: added to the Operating Budget to provide the City's share of funding the salary and benefits for an extension agent in the Department of Agriculture to enhance the City's 4-H program. Funding will be provided by reducing the originally proposed funding for the City's Reserve for Contingencies. 4. Virginia Dare Soil and Water Conservation District Funding - $8,000: deleted from the Operating Budget to discontinue the City's contribution to the District. The $8,000 will be placed in the City's Reserve for Contingencies. 5. Francis Land House Education Specialist + $37,256: added to the Operating Budget to add a Museum Education Specialist position to the Francis Land House staff. An additional $18,000 in estimated revenues will also be added to the Operating Budget. The net $19,256 needed to fund the position will be provided by reducing the originally proposed funding for the City's Reserve for Contingencies. 6. Center for the Arts Funding + $59,000: added to the Operating Budget to provide funding for one-half of the Center's current educational program. Funding will be provided by reducing the originally proposed funding for the City's Reserve for Contingencies. 7. Bow Creek Neighborhood Park + $1,689,000: added to the CIP to acquire the site of the Bow Creek Motel and to construct a neighborhood park in the area. Funding will be provided from available charter bonds. 8. Tax Relief for the Elderly + $290,000: added to the Operating Budget to provide additional relief for the elderly in paying real estate taxes. The new limits are as follows: - Exemption Program: Income - $23,500; Net Worth - $80,000 - Freeze Program: Income - $30,000; Net Worth - $100,000 Funding will be provided by reducing the originally proposed funding for the City's Reserve for Contingencies. 9. Harris Road Bike Path + $267,000: added to the CIP to construct a 2,175' bike path along the east side of Harris Road to improve the safety of children who currently ride bikes on the road. The project will be funded by $29,234 of revenue from private contributions for Bikeway Improvements and by shifting $237,766 of city resources made available from unanticipated federal revenue. 1 0. Rudee Inlet Management Study + $450,000: added to the CIP to review and provide a broad range of alternatives, detailed engineering and environmental reviews of the leading alternatives, and the development of design parameters and the appropriate NEPA documents. Funding will be provided from a state grant for $325,000 and a $125,000 match from the City. The City's funding is available by shifting city resources made available from unanticipated federal revenue. 1 1. School Operating Budget and School Capital Improvement Program + $157,826: added to the School Operating Fund for anticipated additional State revenues. In addition, $2,424,339 in resources available within the City/School Revenue Sharing Policy are shifted from the School Operating Fund to the Elementary School Modernization capital project to lower the proposed referendum and related real estate tax rate increase. Within the School Operating Fund resources, funds have been redirected from the Instruction Category to the other three categories of expenditure to allow funding tied to 84 vacant positions which are not expected to filled to be directed to other identified needs of the School system as follows: Administration, Attendance, and Health+ $485,000 To re-establish an operating contingency within the School Operating Fund. Pupil Transportation+ $203,605 To provide additional resources for replacement buses and service vehicles. Operations and Maintenance+ $852,518 To provide for 46 additional custodians, as identified in the School Board's budget. This sheet tracks the funding status of all requests which were requested beyond the target level. The last column, "Funding Decisions" indicates the decisions made by the City Manager and his budget committee. It was the Caucus'recommendation that Service Level 1 or Target be funded as requested by the Departments and this recommendation was accepted by the Manager, subject to routing adjustments for errors and omissions and single department issues emerging during the process. Other columns of note are: Rank - this column indicates the ranking recommended by Management Services and then adjusted by the Caucus to reflect their priorities,- The second ranking column indicates the priority order determined by the Caucus for high items. The high item with the highest score received a number 1. SO & FP - this column indicates whether the item was a component of a fact paper (FP) or Strategic Opportunity (SO) report,, a - this column indicates the service leve/ where the department made its initial request (SL I equals target funding; SL 2 represents the funding needed to maintain current services at their current levels; SL 3 & 4 equal funding for new programs or expansion of existing programs); and Del2artmental Status - each department was requested by the Caucus to go back through their items on the list and determine if the request could be withdrawn, or if it was "critical" for department operations and needed to be considered for further funding. The process used to reach this recommendation was a multi-phased apprz)ach. First, departments were encouraged by the Caucus to re-evaluate their requests, making a determination as to whether an item could be withdrawn from funding consideration this year or whether it was ',critical" that the item remain in consideration. Departments were also provided the opportunity to clarify the item's description and its impact on the criteria developed by the Caucus. Second, "critical,, requests under $10,000 were removed from the list and recommendations were developed between departments and Management Services. Third, Management Services was asked by the Caucus to identify all items, large (over $10,000) or small (under $10,000) which had their own source of funding and to work with departments to develop strategies to fund those requests. Fourth, of the remaining items, the Caucus requested that Management Services identify "mandates," or those items which the government really had no alternative but to fund, and to mark those as funded. Efforts were made by Management Services to ensure that the costs for these items were clearly defined. The final step was to rank the remaining items, those identified by the Department's as "critical" for fundingconsideration. TheprocesschosenbytheCaucuswasatwo-prongedapproach:first Management Services would make an initial ranking based upon the defined criteria as to whether an item was a high, medium, or low priority, with the Caucus making any necessary adjustments to the priority list,- and second, the Caucus would go through a weighted evaluation process of evaluating items designated by the Caucus as high priorities in order to develop an ordinal ranking of the items. To facilitate this process the Caucus developed six criteria with which to evaluate individual items: 1) was the item a component of a strategic opportunity,- 2) was it a City Council priority,, 3) did it impact an health and safety issues,- 4) did it generate revenue or avoid future costs; 5) was it a benefit to the citizens; and 6) did it affect more than one department. These criteria were used by the departments in adjusting the descriptions for individual items, by Management Services in its initial ranking of the items as "high, medium, or low" priorities, and by the Caucus in a weighted evaluation process of all items confirmed by the Caucus as high priorities. The last part of the Resource Management process was the decisions made by the City Manager with consultation of the budget commiftee. These decisions are reflected in the column marked "Funding Decisions." These decisions were based upon the Caucus'recommendations, organizational values, and the designated budget themes of.- aging infrastructure; strategic opportunities; no new progremslfocus on existing programs,- root causes rather than symptoms; public health and safety,- technology,- and items where there is really no choice. These themes are the same ones which the City Manager and the Superintendent agreed upon. The decisions made will be reflected in the City Manager's Proposed Resource Management Plan. It should be noted that the General Assembly does not conclude its actions unffl March 13th. Therefore, it may be necessary to make further adjustments, both fiscal and programmatic, depending on those outcomes. The table is sorted by department, then budget unit, then item number. The table represents the out come of all items considered by the Caucus. DM 6k -$L Item Description and Amount m & Service Impact on Citizens Status FP m I Agdcultu 14110 2 Vacant 4-H position. Approximately 2,000 fewer $14,661 1 00 Critical re youth will receive sawices; limited development for new Community Clubs or Special Interest Pmjects; reduced number of special events in which 4-H. (Note: the Post of this item is not of state funding) This program focuses on youth and therefore relates to the Strategic Opportunity SC-4. 2 Agricultu 14ilO 2 Leasing merchants pay a mandatory promotional $4,680 0.00 Has own re fee of $4,680 per year. This money needs to be funding appropriated so it can be spent on promotions. source 84 Wgncu-Itu 14110 3 Promotional activities for the Market, Including $9,525 0.00 Dept. re paid advertising, development of an enhanced Withdm promotional plan and payments for various family w oriented entertainment. Install sidemils to enclose pavilion to provide for year round special events and events during imlemnt weather. Provide computer for Asst. Market Manager. 233 Agdcultu 14110 4 Replace the roof on the portion of the Market not $38,000 0.00 Dept. re destmyed by fire. This is the original roof and it is Withdre now 22 years old and is in poor condition. w Estimated cost is $26,000. Resurface the parking lot at the Market. The parking lot has never been I resurfaced since the facility opened in 1976. The I condition of the parking lot, particularly the center circle has deteriorated to the point that mpaim are no longer practical. 85 Agdcultu 14310 3 To purchase exhibit to eduza-te and promote the $2,221 0.00 Dept. re Agriculture Reserve Program to potential Withdre landowners and citizens. w @m 99 CIP Rudes Inlet Loop Development - Phase 11 is for $10,716,16 0.00 Critical the acquisition of property for development of a 2 flagship hotel and convention center at the south and of the resort area. Sixteen parcels of land totaling 5.76 acres will be acquired to be combined with the 4.693 acres of City property. City resources may also be used to construct a parking garage and 30,000 to 60,000 of conference space. Total project cost $29,916,162. m 86 CIP 2.024 Ferrell Parkway Phase 11 Advance Acquisition $800,000 0.00 Critical provides funding to acquire right-&-way in advance of the Ferrell Parkway Phase 11 project. Eight parcels are to be acquired along the existing Princess Anne Road corridor south of Dam Nock Road. Total project cost = $800,000. m 87 FP CIP 2.026 Atlantic Avenue Trolley Lanes provides funding for $895,000 O@00 Critical the installation of special event signals to designate reversible lanes for trolley and special event use on Atlantic Avenue between 5th and I 25th Str"ts. Funding this project will reduce costs in the annual operating budget. Total pmject cost = 895,000. Note: Includes item #257. of four lane divided roadway "St of General 307,800 @o Booth Boulevard into Corporate Landing lrvdustrial Park, ending at the exisfing COWmis Lending Parkway, plus intersection, traffic signal, and timing improvements to the intersecbon of Corporate Landing Parkway and General @th Boulevard. Total Project cost =$2,976,000. The amount shom is the Year 2 request for this ,act FY 111@ q $0. pro Underg dStorage 3 k Dvides for 516,215 00 -Criti@l regulatory compliance by the City for the Undergmund Storage Tanks/Abovegmund Storage Tanks. This Project includes clean-up of leaking UST91ASTS, pill and Overfill protection, wmosion Protection, leak protection on all Lr(-T city-owned tanks. This is an on-going project. ,927,000 a in General Booth corridor. Total project cost $1,927,000 p 525,000 @00 ntical Upgrade replaces old, unreliable equipment used for Producing emergency power to the Emergency Operations Center and the. Communications nter. Total project cost = $525,000@ a 92 C rchase of Prc needed deve to Pavilion. Tc c the constm of 700 square feet of itional space for rescue personnel and ipment. To include bunk room, food pamtion and eating area, administble a,,, sprinkler system for the fire tation. Total c a 250 square foot $153,353 0 00 Crbcal Iding, extension of trail and now signage to Plement, enhance, and Oomplate the miking 153,363. ci 1% of the $659,650 0 00 cuuen approved CIP budget for buildings (less Recreation Centers and Fire Facilities) for use in Purchasing art work for municipal buildings and ci 4@003 pavement on the acqu property, and improvements (additional Parking, improved vehicular and Pedestrian acw,,, drinag, and grading, and development of a neighborhood park. Total project cost = $1,689,000. m 97 CIP 4.010 Existing Park Trails Repairs - Backlog provides $300,000 0100 Critiml funding for the repair and renovation of existing off-road bicyclelpedestrian trails which currently include: Cape Henry Trail, Rosemont Road Trail, Little Nock Road Trail, and General Booth Blvd. Total project cost $300,000, L 98 CIP 8.301 Rudee Inlet Management Study to investigate $650,000 0.00 Critical management altemauves for the maintenance of navigation at Rudee Inlet. Various configurations for jetties, breakwatem, and channel alignments will be reviewed and evaluated to reduce channel shoaling, facilitate maintenance, and ensure safe navigabon through the inlet 365 days a year. Total project cost = $650.000. m 100b Circuit 06011 3 A Law Clerk and related costs will enable the $41,297 1.00 Critical Court Court to expand case management programs, in particular Alternative Dispute Resolution (ADR), to reduce its pending caseload in accordance with Virginia Judicial Standards. Strategic Opportunity - ADR represents a proactive opportunity for the Judges' staff to evaluate and refer cases to mediationtarbitmtion, relieving the Court's congested civil dockets and fmeing resources to adjudicate criminal and mom complex civil cases State or Federal Mandates: Currently, Virginia Beach Circuit Court concludes approximately 72% of civil mass within 12 months and falls well below the judicial standards set by the Virginia Supreme Court and American Bar Association. Virginia Beach ranks 17 out of 31 Virginia circuit courts in its ability to conclude civil cases within 12 months. Revenue Generafion/Cost Reduction: The major costs to adjudicate include: staff, facilities, equipment, and juror expenses. ADR vall enable the Court to mdirect its scarce resources to the increasing backlog of existing cases and prepare for future caseload growth, Direct, hard-dollar savings each year will result from a reduction in the number of civil jury trials. In 1996, the City paid $116,790 to civil jurors. The annual savings from a reduction in the number of civil jury trials alone could fomseeably offset the costs of an additional law clerk. Benefit to Citizens: Reducing the backlog of sea, thmugh ADR, facilitates cibzens' ca guaranteed right to a speedy trial. Further, in 1989, ADR was third out of IO recommended initiabves to prepare local court systems to meet the needs of Virginia citizens through the end of this millennium. These recommendations "m developed by the Commission on the Future of Virginia's Judicial System. looc Circuit 06011 3 Three micr@mputem to provide computing $4,875 0.00 Critical Court capabilities at the Judge's benches. The workstations cost approximately $9,000 ($3,000 x 3). As a result of recognized efficiency gains in the Judges'ability to access case information, automated legal research twis, and jury instructions, the State Supreme Court supports this initiative and will provide $6,000 of the total cost ($2,000 per unit). The City's contribution is $3.000 or $1,000 per computer. In addition, $625 per computer is requested for Microcomputer Support fees. H 30 1 00a Circuit 06011 3 Replacement Server and Novell Goeratim System $33,242 0.00 Critical Court Umr2de - The existing fileserver Is a Pentium 60, which is less than the City's current worketaflon's minimum standard (Pentium 133). Frequent network failures and overall performance degradation impact the Courrs mission critical applications and service delivery. A filesewer replacement and Novell operating system upgrade from version 3.12 (soon to be unsupported) to version 4.1, is critical at this stage and vall ensure network integrity and minimum performance levels for existing users, will ensure conbnued Novell support, and will provide expansion capabilities. Multi-Departmental Benefit: The agencies impacted by the network's performance and reliability include: the Circuit Court Judges' Offiw, Circuit Court Clerk's Office, General District Court, the Magistmte's Office, Law Library, and shared legal research twis used by the above offices and the City Aftomey's Office. In addition to daily work processing, the network links these agendas to City operations (DBRS, GroupVVise, and the City's financial and personnel mainframe systems). Strategic Opportunity: This request is fully in line with Information Tachnology's Fact Paper and strategic plan to consolidate filesemem and to minimize the upgrade, software, training, and maintenance costs of supporting mulbple seners. Citizen Impact: Without reliable network capabilities, the Court's docket and daily jury systems fail, affecting the setting of cases, jumr processing, and adjudication of trials. Issuance annually of 2,500 concealed weapon permits to citizens is delayed. Revenue Generation/Cost Avoidance - Frequent repairs and network down time result in high irndimct msts-reduwd staff productivity and higher maintenance costs 6 City 01010 2 Council Members attendance to conferences by $5,500 0.00 Critical Council organizations in which the City has membership. (Within target amount) 7 City 01011 2 To maintain current level of mnim, contracted $3,600 0.00 critical Clerk manpower is requested. (Within target amount) 101 City 02010 3 To enhance the appearance and readability of $3,500 0,00 Dept. Manager reports to City Council and presentation materials, Withdre a color laser printer is requested. w 102 Clerk of 06041 3 Acquire microfilm madem to enhance pmvision of $8,800 0.00 Critical Circuit services anticipated in fis@l year. Note: In the Court event that we implement an Optical Imaging System, will not need additional maders ($17,600). 8 Commis- 04001 2 Replacement of 38 microcomputers from 486 $94,100 0,00 State F sioner of machines to Pentium machines and replacement Funds Revenue of 1 printer. This will enhance the Offim's ability to meet customer expectations. (Note: there is no change in performance measures due to the replacement of these machines) 103 Commis- 04001 3 Microcomputer Analyst position to provide support $56,986 1.00 Dept. sioner of to the microcomputers, network, and to write Wkhdm Revenue pmgrams as needed. In the past this office has w experienced down time due to reliance on outside staff for support. In addition, the Commissioner is requesting 4 additional microcomputers and 1 replacement fax machine. (Note: there is no change in performance measures due to the addition of this staff) 108 Conventi Additional full-Ume staff (Secretary I and $46,180 2.00 Crttimi on & Maintenance Worker) to address clerical and Visitor maintenance issues. The Pavilion has miled on temporary clerical support for the past several years.. Funding an additional clerical position results in a reduction of $7,592 to mntracted manpower. The additional maintenance work,, will bring both crom up to equal strength and curtail a reliance on part-time personnel for event set up. (No part-time reduction @s offered.) H 20 104a FP Conventi 39010 3 Additional full-Ome staff to assist with resort area $43,724 1.00 Critical on & inspections, maintenance coordination, and Visitor contract and franchise administration. H 25 104b so Conventi 39010 3 Hire a consultant to develop a city-Wde quality $25@000 0 00 Critical on & standards program for the City which YAII ensure a Visitor level of quality consistent vath the new image. A publictprivate partnemhip should be taken to develop standards and mmmmend code and zoning changes, emphasizing quality facilities an(] anagement, customer service, business m development consistent with the tourism plan, education and training, incentives, and recognition. 105 Conventi 39011 3 Contracted manpower to provide additional $12,525 0,00 Dept@ on & clerical support to the Special Events and Film Withdre Visitor OfFice. Funding vall also allow for additional travel w to the annual lntemabonal Film Commissioners Conference as well as equipment for clerical support, 9 Conventi 39040 2 Replamment of loading doc eve and closed $43,500 0.00 Fundin on & circuit television system for the Pavilion. Failure CIP Visitor to replace this equipment may limit the rentals of 9.199 the facility. 106 Conventi 39040 3 Purchase telephone headsets Or staff. Improve $8.400 0.00 Fundin on & equipment inventory for rental to cjients making us CIP Visitor mom competitive vath other venues (Total 9.199 estimated cost is $13,900). $5,500 in additional revenue is estimated to be genemwd due to the Purchase of the e= renMI. 107 Convenli 3911411 3 Purchase hot day for exterior of the $ on & VVDeptr. Pavilion to improve image and complement the Visitor City's Holiday Lights display at the Oceanfmnt. w Would involve several light displays for the lawn facing the expressway. lights for tmes and gmund for the lawn area behind Pavilion, and lights to outline the Pavilion facing the expressway. $4,400 in additional revenue is estimated to be generated. li@l 9 10 mnom 5010 2 Additional advertising funds 0 bring advertising $50,000 0.00 crit Cal c program to current level. Develop- ment H@l 4 11 Economi 15010 2 und ng is requested to p $150,000 0.00 Critical c consultant to assist in familiarizing citizens with Develop- City Council's vision. 109 ment nom, 15010 3 Secretary I position to provide support to the $21,608 1 00 Dept. Business Development section of Economic Withdre Develop- Development. Currently this 5 pemon unit has no w ment 15010 3 Clencal =r position to coordinate all internal 110 Economi Project $50,800 1 00 apt c aspects of various pubiic/private initiatives now Withdre Develop. being @rdinated. (Note: performance measures ment w show an increase in the number of employment opportunities and businesses located relating to ill, Economi 15010 3 Additional media advertising funds to address $100,000 0.00 Dept. c telecommunications marketing. (Note: Withdm Develop- performance measures show an increase in the w ment number of employment opportunities and businesses located misting to activities in Service Level 3) H 1 3 112 Economi 15010 3 Consultant services to assist with publictprivate $125,000 0.00 Critical c economic development projects. (Note: Develop- performance measures show an increase in the ment number of employment opportunities and businesses located misting to activities in SeNi@ Level 3) m 234 so Emnomi 16010 4 Hire a consultant to conduct wmpetidve analysis $65,000 0,00 Critical c to determine what needs should be addressed to Develop- make Virginia Beach more competitive with ment respect to new business attmctions and existing s retention. H 27 116 EMS 16050 3 A part-time Clinical Instructor (R.N.) position is $16,793 0.50 Critical requested to establishment a Quality Assumnm Pmgmm, which will p@ctively rather than reactively review cases and p@dums. Because approximately only 4 cases are reviewed of the 28,000 annual calls, them is some mncem that a quality assumnm program is necessary to ensure quality service delivery. 113 EMS 26010 3 Funding is requested to enhance the media $8,000 0,00 Dept. advertising for volunteer mmitmnt. This request Withdre is to match funds from the Virginia Beach w Volunteer Rescue Council in seeking a grant. Although the level of active volunteers is strong, this pmgmm will ensure stability; it is difficult to quantity the impact of not funding this request. 12 EMS 26020 2 Reinstatement of current level at funding for City $9 233 o@oo Critical Garage Charges is requested. It is difficult to quantify the impact of not funding this request. H 1 8 13 EMS 26020 2 Eight command radios am requested to mplam $27.200 0 00 Critical destroyed ones. Because of the fast-paced nature of emergency medical service delivery, F sometimes equipment is damaged or destmyed. Currently, the department is operating on sharing older, back-up units. It is difficult to quantify the impact of not funding this request. I H 15 14 EMS 26020 2 Four defibriltators are requested to replace $56, 5@2 0.00 Critical destmyed ones. Because of the fast-paced nature of emergency medical service delivery, sometimes equipment is damaged or destroyed. Currently, the department is opembng on sharing older, back-up units. It is difficult to quantify the impact of not funding this request. m 114 EMS 26020 3 Emergency medical control traffic transmitters $20,900 0.00 Critical (eleven) are requested. These transmitters allow EMS vehicles to control the traffic lights for fast transport. Currently, there are appmximately six busy intersections that have r@ivem (at the stoplight), which can be operated by transmitters located in emergency medical vehicles; not all of these vehicles have remivem, though. It is difficult to quantify the impact of not funding this request. 115 EMS 26020 3 An ministrative Secretary position to provide $27,083 1,00 -Fept. clerical support for the Deputy Director and the Withdre Medical Director is requested (no direct staff w support currently exists), Them is no direct impact on citizens. 235 @S 2r,050 4 A Clerk Typist 11 Position is requested to provide $22,593 0.00 Dept. cled@l support for Regulation and Enforcement Wkhdre I --- (no direct staff support currently exists). w H 24 15 Finance 04030 2 Funding is requested for continued consulting and $148,725 0.00 Critical training services relating to the now finance system. (Note: no change in performance t measures was noted due to implementation of additional modules) 0 cm 16 Finance 04030 2 Funding beyond target is requested to provide $100,803 0,00 Crtti@l licensing for the new financial system software t CF 1 7 Finance 04036 2 Additional funding is requested to complete the $31,100 0.00 Critical replacement of the file server for Risk f Management. $50,000 is available from the Infomabon Technology reserve due to previous funding efforts. CF 117 Finance 04036 3 Purchase of Risk Management Information $50,000 0.00 Critiml System. (Note: Purchase of this software has been recommended by the City's Actuarial and proposals are currently being accepted.) 18 Fire 19010 2 Funding is requested to upgrade the Department's $6,000 0.00 Dept. network, which is antiquated based on relative Withdm City@ide standards. w 118 Fire 19010 3 Equipment to enhance the communication system $39,030 0.00 Dept. to more easily all" for incident-based reporting is Withdre requested. w 119 Fire 19010 3 A Public Safety Analyst position is m-quested to $43,076 1,00 Critical collect and analyze data and assist in planning. H 12 120 FP Fire 19010 3 Three Fire Fighters all of whom would be specially $219,958 3 00 Critimi trained in onvimnmental inspections are requested. Current invesfigadons (105 in the first three quarters of 1997) of illegal dumping of hazardous matedaistwasto have stretched available resources, resulting in a reduction of 416 (748 man-houm) regular inspections by the Fire Marshall's office. 19 Fire 19020 2 Twelve replacement defibrillators, each of which is $87,756 0.00 c over seven years of age and nearing the end@f-its useful life, are requested. It is dffficult to quantify the potential impact of not funding these replacements. I 12 Fire 19020 3 An increased level of clerical support is requested $41,794 1.50 Critical via upgrading a Part-fime Secretary 11 to full-time and adding an Administrative Secretary posibon to provide staff support for two division chiefs. (No I direct staff support currently exists.) 122 Fire 19020 3 Funding is requested to begin the first yar of , $57,500 0.00 Dept. three-year pmgram to pmvide dmss uniforms and Withdm to upgrade bmts (safety improvement but not w mandated). 123 Fire 19020 3 Funding is requested to upgmde/retr(yrit the seff $60,000 0.00 Dept. contained breathing apparatus equipment to Withdre improve safety and meet a new NFPA standard w (safety improvement but current equipment meets mandate for older equipment). M 124 Fire 19020 -3 Three Fire Fighters are requested to staff a water $107,536 3@00 Critical tanker at Creeds, which lacks City water and is located a significant distance fmm the nearest tanker. It is difficult to quantify the potential impact on citizens. 125 -3 Sixty-nine Fire Fighters am requested to fully meet 72,600-,828 9@oo Critical the OSHA '2-in-2@ut, rule, which requires that for every two or more fire fighters in a hazardous, toxic atmosphere, them should be two fire fightem in a command post readily available to provide assistance. To ensure that the rule is folk)wed, the City staffs four fightem per engine unit. How .. r, due to various types of leave usage, the staffing level can decline at some stations to three fire fighters per engine. When this occum, the mandate ran be met by additional engine company responses. (The City dispatches three engine companies per structural fire wil). The additional fire fighters will fully staff engines so that leave shortages would not degrade staffing levels, and so that a second engine company would not be required to be at the sun, to meet th 'a- 20 Fr, 19021 2 A ent telephon system (B years old) is $8,216 @00 Critical requested at the Fire Training Center. Them is no a direct impact on citizens. F 21 Fire 1 9 2@l -2 eplacoment of 120 seats n Fre Tranng $25,000 00 Cn I Auditorium is requested. The seat, are over 20 yeam old, and the auditorium also serves as a 'mining site non-Fim courses. ire 126 F A F Fight:poshion, which will sewe as an $37,446 1 00 Dept instructor to address additional certification Wi tire requirements (Hazmat & post-tmri,, is requested. (These new certification 22 -Ge requirements will be mandated in 2001). 1 - Backlog of the Issuan a Of Ail Civil $22,483 0 00 Critical Di@ Processes, Garnishments, Levies, Etc. Will Be C, Reduced To Approximately 6-8 Weeks. 2. Meet Judicial Council Of Virginia Goals For Disposition Of Cases. 3. Customer service by personal telephone assistance will be erovided. L 127 General o6ol6 3- Emergency Issuance Of Subpoenas/capias/ District show Cause Summons 2. Backlog of Issuance $86,i4 4 oo Crib I Court Of All Civil Processes, Gamishments, Levies, Etc. i Will Be Reduced To Appmximately 4 Weeks, 3, Will Be Able To Adequately Train Ne, Plronnel. 4. Will Have The Resources To Pursue The Collections Of Fines And Costs, and Perform Complete Required Billing Procedures. 5. Will Consistently Mast Judicial Council Of Virginia Goals For Disposition Of Cases. 22 23 0 General 16021 2 Funding for infrast ctue aintenn. f N buildings and other public facilities to maintain t a $1'0 00 0 C" "f Se ices 16023 16031 unding 11 16035 reasonable level and to eliminate further reduced deterioration. This request includes the contract painting of the interior public spaces of the Judicial Center ($30,000), contract painting for the exterior of buildings above three stories where the existing high-reach lift cannot be ublized ($50,000), and replacement plant materials ($30,000). Requests in this item support efforts by GS/Building Maintenance and Landscape Services to address needs relating to the 'Aging Infrastructure Strategic ODDortunitv,11 H 8 24 FP General 16021 2 Funding for resort maintenance to improve the $288,963 0.00 Critical-f Services 16022 standard of maintenance in response to concerns unding 16025 from the Resort Leadership Council and Resort reduced 16037 Area Advisory Commission. The request includes increased spending for seasonal fi@m ($14,440), a programmed replacement of existing t infrastructure beginning in the area of 2nd to 10th t Streets ($184,523), replacement of the fire alarm system and overhauling the chillem at the Pavilion ($60,000), and mplamment of the circulation pumps and filters at the Tidewater Veterdn's Memorial ($30,000). All requests in this item direcuy support improving maintenance in the Resort Area. These efforts support Economic Vitality and Councit's strategic issue of 'Virginia Beach as a year-round desfination.' m 128 so Geneml 16021 3 Funding for infrastructure maintenance and $110,604 1 00 Critiml Services 16022 maintenance equipment including:(I) an additional 16023 Electrician and related equipment and supplies 16024 ($71,454) to support the electrical systems at the Judicial Center and Social Services Building, such as elevatom, esmiatom, surveillance @mems, and sound systems; (2) a portable hoist for the Heat Plant ($19,000), an underground cable l@tor ($5,150), a load-bank generator ($15,000). These Items support efforts by GS/Building Maintenance to address Aging Infrastructure needs. m 129 FP General 16025 3 Funding for enhanced resort maintenance to more $316,901 5.00 critical Sewices 16037 closely align the department's msou@s with the maintenance expectations of the resort industry and seasonal visitors. This request includes: an additional Electrical Maintenance Engineer and related equipment ($61,871) to pmvide impmved maintenance for 2,500 existing site lights, faster response to lighting outages and for special events, 3 additional Grounds k"pom and related equipment ($95,972) to pmvide a higher level of landscape maintenance, additional temporary landscape maintenance workers for peak periods ($6,477), an addhional Plumber and related equipment ($72,733) to provide for mom power washing of the pavers and sidewalks and to improve maintenance and repair times on fwt washers and "ter fountains, a third re-mulching of resort area landscaping ($40,000), additional plant replacement material ($10,000), and landscape equipment to improve maintenance and ovemight ($29,848). All items support efforts to enhance resort maintenance and support Council's Strategic Rem of 'Virginia Beach as a year-round destination' and the need to address Aging lnfrastmctum needs. m 130 General 16031 3 Funding to implement the CIP for landscape $23,536 0 00 Critical Services maintenance related to the completion of now capital improvements including the Color Pmjects requested by the Virginia Beautification Commission ($16,025), three new neighborhood parks (Seabddge, Grandiakes and Groveland $2,595), Rosemont Road BMP (Stom Water 'Jtility to fund cost of $7,657), and Oceana Boulevard Improvements to four lanes. ($4,916). Funding is net of Stom Water Utility funding. 131 General 16113 3 Funding for the Cky/Schools Pdntng Services for $5,808 1.00 Hasown Services convention from a full-time contracted manpower funding to full-time permanent of an Account Clerk I to source maintain mntinu4 and quality of accounting services for the consolidated operation. The number of codes to be charged, including all budget units and invoice for services amounts, increased fmm 341 in FY96-97 (50 invoice for se"ices amounts and 291 budget units) prior to the consolidation to 668 (144 invoice for services amounts and 524 budget units) in FY97-98 after the consolidation. This hes/had a tremendous impact on accounting functions. Also, mnstent turnover with contracted manpower requires excessive re-training of new people and limits quality and quantity of work, The difference in cost is due to slight increase in salary and addition of fringe benefits. Cost shown is total additional needed. 132 General 16310 3 Funding for Automotive Services for various $22,785 O@00 Critical Se"ices operational costs including Mitchell on Demand System software subscription for heavy duty trucks to eliminate many repair manuals and a multi-cd changer to enable all locations to use the system, CCC collision esbmate system and computer camera to meet minimal requirements of various insurance companies and Risk Management, Windows-95 and Novell NetWam 4.1 1 upgrades to work vilth a proposed replacement fleet management system, and various shop tools needed to improve safety of the envimnment, and reduce equipment down time. Cost shown is total cost. 133 General 16310 3 Funding for a Storekeeper I to provide adequate $23,634 1,00 critical Sewices staffing for Parts department. Cost shown is total cost. CF 134 General 16310 3 Funding for Automotive Services for 17 pieces of $59,230 0 00 Critical Services capital equipment to impmve safety or meet f mandates (including hazardous atmosphere triple gas monitor, parts washer, wheel balancer, Freon recovery unit, overhead exhaust system), improve productivity and/or service (including electric hoist, track bumer for metal. 2 portable radios, 2 plain paper fax machines, laptop microcomputer and 2 laser printers). Cost shown is total cost. 135 General 17010 3 Laptop computer to provide mom flexibility in the $2,700 0,00 Dept. Registmr office, and for use at outside absentee vobng sites Withdre and satellite sites. w 136 General, 17010 3 One (1) additional Assistant Registmr I to assist $667 1,00 Critical - Registra with the increased administrative workload request I associated with the Nabonal Voter Registrabon reduced Act, increased registrations, and an increase in the number of elections. This position would allow faster processing of voter registrations, thus providing citizens with their voter information sooner. (Total cost of the position is $23,634) Appmval of this position multi allow 1.00 current part-time FTE's to be eliminated (cost figures have been nefted to reflect this reduction). H@l 1 5 Health 07011 2 Capital Support for Dental and Eldedy Care $22,000 0.00 Criti@l Program. Without these items, pmvenflve health services for elderly and dental services for children will be diminished. Appmximately 4,000 elderly and 1,000 children dental visits will be affected. H 4 137 so Health 07011 3 Healthy Families/Healthy Start Pmgmm $133,6 1 2.50 Critical Additional funding for personnel will enable the Health Dept. to provide over 75 families with preventive care per week, and will allow the opportunity to explore private funding sources to supplement the program. Health's program directly supports goals of Social Services, CSB, and the OELL and Strengthening Families initiatives. m 138a Housing 40029 3 Additional funds am requested to develop at least $18,000 0.00 @nhml-r two (2) collaborative efforts in mn-C.A.R.E. squeal communities that will involve the business, reduced religious community and the residents, to provide home ownership opportunities to seventy (70) residents, and to develop and implement a neighborhood based investment strategy. 26a Housing 40049 2 Section 8 Housing Expansion Convert 360 rental $101,169 1.00 Hasown units within the existing Section 8 program which funding includes (1) Full-Time Permanent Code source Enforcement Inspector and contracted manpower which includes (1) Administrative Secretary and (1) Police Investigator. Currently, the Code Enforcement division performs Section 8 inspections. The addition of a full-fime inspector dedicated to Section 8 will free up the Code Enforcement division inspectors. Also included is related Internal Service Charges and Other Charges for operations. This program will be funded in total with Section 8 Certificates from the Federal Government. Appmval of SL3 will result in enough federal revenue to fund SL3, SL2, and return $13,454 to the General Fund in SLI (The Department requests that the $13,454 be used in conjunction with other non-federal revenue in repaying $38,000 from the findings of the Shelter Plus Care audit). The contract to add the 360 new rental subsidies to the City's Section 8 program was signed in FY 98 to fund this program for the rest of the fiscal year and that contract extends into FY 99. 26b Housing 40049 2 Enhancement of staff functions are needed to $34,417 0.00 Has own promote and maintain high level of performance funding and rapid preparation of critical documents source associated with expansion. The enhancement of staff function is requesting that one existing part-time staff position is requested to be a additional full-time position. Also included is contracted manpower of (1) Secretary 11 and (1) Housing Specialist that could not be Included in SLl target. This item should be considered in conjunction with the Section 8 Housing Expansion item. Federal revenue generated from that program will fund this item in total. H 16 139 Housing 40110 3 Code Enforcement lnspecbon Automation - An $46,600 0.00 Critical 40120 automated inspection system is requested for citywide inspections results in additional 2,500 systematic compliances. The program costs are for $ 1 8,000 in contractual services for the software, $26,600 for 3 computers, 17 hand held computers, and I laser printer. 140 Housing 40130 3 Graffifi Abatement - Includes supplies and $5,650 0.00 Critical - equipment for the removal of graffiti. The costs of request this request include: $2,500 the 'Paint Your Heart reduced Out' program, $950 for paint and related supplies, $2,000 for data pmressing equipment and $200 for Internal Service charges for computer support of 2 hand held computers. The manpower for this enhanced level of service will be performed by the existing Code Enforcement staff provided that the Section 8 housing inspector is appmved. The Section 8 housing inspector is federally funded 100%. 273 Housing 40140 3 File cabinet to be paid with federal ?unds- $2,678 0.00 Has own funding source 303 Housing 40140 3 File cabinet to be funded in total vath federal $2,678 0.00 Has @ revenue. funding source 138b Housing 40199 3 Youth Appreciation Day - to continue the $5,500 o.oo Crib@l partnership between the family, community, schools, and government (Parks & Recreation, Police, and Schwls) to enhance the way families live and work and play based on an acknowledgment and commitment to sharing the responsibility of promoting divemity and civic commitment. 27 Human All 2 Reinstatement at various 03,04,05 accounts to $18,205 0.00 Dept. Resourc units current levels is requested. Withdre es w 141 uman All 3 Funding is requested to upgrade the department's $7,232 0.00 Dept. Resourc units network, which is antiquated based on relative W'tthdm es City@ide standards. w 142 Human A@ -3 Funding is requested for additional contracted $10,000 0.00 Critiml Resourc unt, manpower to provide clariml & staff support, es 0 28 Human 001 2 Training funds are requested for continuation of $2,550 0,00 Dept. Resourc EEO training (without these funds, there would be Withdre es a 50% reduction, about 200 employees) and I w safety instruction (26% reduction. about 1,000 employees). 143 Human 05002 3 Funding is requested to implement a City@ide $5,000 1 0.00 Dept. Resourc mediation process to resolve EEO & grievance Withdre - es disputes in lieu of a more formal process. w 44 Human 05002 3 Replacement fumiture is requested. $13.300 0.00 Dept. Resourc 05005 Withdre es w 145 Human 05003 3 Funding is requested for enhanced training for $i,ooo o@oo Dept. Resourc professional staff. VVithdm es w 146 Human 05003 3 Funding is requested to enhance the promotional $2,600 0,00 Dept. Resourc and recruitment of prosp@bve employees via Withdre es - - -TVIVCR etc. at employment faim. w 236 Human 05003 4 Funding is requested to convert contracted $33,919 3.00 Dept. Resourc 05004 manpower to: (2) Secretary I positions, and (1) Withdm es 05005 Administrative Secretary position to ensure w stability in answering phone inquiries and to provide staff support for Training and Classification and Compensation. There may be some improvement in the consistency of answering citizen ir 29 Human 05005 2 Reinstatementofcui ntlevelforCity-Wide $10,000 0.00 Dept. Resourc Training Program is requested. (Approximately Withdre L - es $50K of the current $60K is funded in SL1). w 147 Human 05005 3 Equipment (lectem, TV & VCR, LCD Projection $10.900 O@00 1 Critical Resourc Panel, overhead proj@tor, micro) is requested to - es enhance the presentation of training material. I m 148 lnfomati 21001 3 A Microcomputer Systems Analyst I is requested $42,796 1 @00 Critical on to pmvide LAN administrator support for five Technolo judicial agencies (courts). The existing staff level gy is insufficient to provide the support requested by these agencies. There is no current direct impact on citizens. 149 lnformati 21001 3 Funding is requested for the Disaster Recovery $45,000 0.00 Dept. on Planning. A move to a =re sophisticated Withdre Technolo recovery system is required @use of the City's w gy shift to mom client-server systems (Finance and Police). It is difficult to quanttfy the potential impact of not funding this request. CF 150 FP Informati 21001 3 Y2K Resolution: Last year, ft Caucus funded $2,008,450 0.00 Critical on Y2K resolution for the systems operated by the Technolo Department of Information Technology and for f gy general coordination for City-vvide efforts. The work associated with DIT systems is almost complete. Attenbon now needs to be turned towards the decentralized systems through out the City. As summarized in the fact paper, DIT has outlined the following costs: Continued funding for Y2K Pmject Coordinator: $123,450; Testing Lab: $20K; Replacement of Non-Compliant Hardware: $20OK; Replacement of Critical Non-Standard Software: $265K; Contingency to Prmure Temporary Resources to Develop Softwam/Complete Actions Plans: $1400K. It is hoped that these figures am conservative. It is difficult to quantify the total impact of non-compliance with Y2K on citizens and this organization, but the strong intuition is that it could be immense. Note: the $123K for coordination is included in SL 3; the other requests are listed in the Fact Paper, and it is DIT's recommendation for any level to be funded in a contingency account. 151 Informati 21020 3 A Microcomputer Systems Engineer is requested. $45,154 1,00 Dept. n This position will support the continued expansion Withdre 0 Technolo of the backbone network system and maintain an w gy acceptable level of support given the growth in E-mall and client server applications. (Note: this budget unit may have the revenue to fund this position). 152 lnformati 21020 3 Funding to establish a City lntranet, which would $124,800 O@00 citicai i on serve as an interdepartmental 'Internet", is Technolo requested. It is difficult to quantify the impact of gy n funding this request. CF 153 FP Informati 21020 3 Enhanced funding for microcomputer $1,530,000 0.00 Critical on replacements is requested. These mplawments f Technolo will maintain a three-year replacement turnover gy and ensure that, on average, wmputem will be two yeam behind available technology. Not maintaining this replacement schedule may, more than likely, translate into slower productivity and customer service. @L 154 Juvenile Support for two Additional staff Positions and the $39,024 0 00 Criti@l & additional judgeship Anticipated By This Court. Domestic Includes increasing pmfessional improvement to a Relations total of $2,000 for each judge. Court 2 Expected That The Court Cmid Meet Most Of The $2,423 0 00 Critical Daily Demands Placed Upon It Insofar As The City's Obligation To Provide Supplies And Equipment To The Court In Its Present Capacity. 237 Juvenile 06017 4 New filing system, telephone answering system, $36,000 0.00 Dept. & and renovations to offim area. Withdm Domestic w Relations Court cm 31 Juvenile 06210 2 Funding for services pmvided by Me Tidewater $256,476 0.00 Crit@l-f Probatio Regional Group Home Commission (RRGHC) is unding n insufficient by $256,476±, and will not meet the reduced minimum local match requirement of $1,124,360 for a $1.9 million state block grant under the Virginia Juvenile Community Crime Contmi Act. The block grant funds services provided by the TRGHC ($1.69 million)and the Pendleton Child Service Center ($21 0,000). Services requested include electmnic home monitoring (1,513 days totaling $7,565) and post dispositional (for juveniles found "not indent' and sentenced by the Court) group home services (8,035 days totaling $360,715). If the City does not fund at least $256,476± in SL2 (the amount depends on the level of General Support for Pendleton), it will be ineligible for this grant. Without this grant, the costs to the City will increase for semioss of the TRGHC and Pendleton. Also, vdthout funding for post-dispositional placements, Judges' options will be limited for providing community based treatment to juveniles, and will result in more juveniles being committed to State Correctional Centers with the costs being passed onto the State. This service falls under the Council priority of Safe Community and involves issues of community health and safety. cm 32 Juvenile 06210 2 Funding Is not provided in SL2 for the remaining $464,700 0.00 Cdtical-f Probatio secure detention services for 4,647 days totaling unding n $580,875; however, funding is pmvided in Target reduced for 12,586 days. Juvenile Probation anticipates usage of 17,233 days of secure detention based on actual usage in FY 96-97 of 17,151 days. Cost increases are due to increases in the I>er them rate for secure detention charged by the City of Chesapeake: from $41.41 and $75 in FY 96-97 to $75 and $100 in FY 97-98 and to $100 and $125 in FY 98-99. This service is mandated by the Code of Virainia. If funding is not provided for secure detention, Juvenile Probation will return to City Council during the year for supplemental appropriations to meet the unfunded demand, since funding for secure detention needs is the City's responsibility according to State law. This senice falls under the Council priority of Safe Community and involves issues of community health and safety. 155 Juvenile 06210 3 Funding for replacement of some office furniture $4,325 0 00 Dept. Probatio (2 desks, 6 secretarial chaim and 10 desk chaim) Withdre n for wom or broken items due to high usage. w Request reduced over $3,000 from original submission. According to the Code of Virginia, section 16.1-234 it is the City's responsibility to provide for necessary furniture and furnishings for this State agency. Funding of this request does not impact Juvenile Probafion's capacity to serve clients. )Mry Variou Security System for Audiovisual Collections at Dept. s 2 Central Library and Kempsville Library is replac Withdm I I w H 21 34b Library Variou 2 Ongoing costs related to the library automated 1 G4,576 0.00 Critical s system, recommended as a strategic agenda item by the FY 1997-98 Caucus - telecommunications, support, supplies, training, and maintenance. 34a Library Variou 2 1. Maintenance costs for barcode scanner $23,521 O,OG Dept. s equipment purchased in 1996 and 1996 which will Withdre be coming off of warranty mnim and need to w come under repair contract. 2.. Provide for software and hardware upgrades for LAN senem in Central Library and upgrades to Library Administrabon's network needed to use software upgrades in the Window's environment. 3. Web and digital resources can be demonstrated at conventions and special presentations. 4. Provide sufficient microform storage space at Central Library. H 28 34c Library Variou 2 Pmvide full microcomputer services funding costs $28,900 0,00 Critical s for 68 existing library PC's currently under-funded at a lower hardware service only level of support which is no longer acceptable by city standards 156 Library Variou 3 Part-time Computer Opemtor upgrade to full time $16,735 0.50 Critical s to provide immediate response to ulls for help, cover hours of library service, and pmvide faster completion of user's requests for technical service. 238a so Library Variou 4 Strategic Opportunities: Rea5y to Learn Initiative $2,350 0,00 Critical s 238b Library Variou 4 Municipal Reference maintaining a database of $4,700 0.00 Dept. s core information for City teams and employees VVIthdm hich manages the knowledge in the organization w w and promotes its use among all members 239 Library Variou 4 Allow Sunday hours for operations. $1,090,796 35.30 Dept. a Withdm I w 157 Library 12010 3 Director's Office 1. The Library System will $115,617 2.50 Dept. experience significant increases in volunteers, Withdm programs & overall use of library services, directly w affecting the lifelong learning of the Virginia Beach citizens. 2. Printing of sample ballots, ads, etc for the library's referendum. 3. Purchase of a scanner to increase efficiency. 258 Library 12011 2 Law Library: Accommodation of effects of inflation $4,342 0 00 Hasown to ensure integrity and currency of current funding collection source 274 Library 12011 3 Law Library: Provide a commercial Internet $390 O@00 Hasown account for customers to access legal information, funding some of which is now available only online, and source the ability to get the most current legal information as soon as it is made public. 33b Library 12030 2 Replace meeting room furniture and fixtures $7,538 0,00 Criti@l F including chaim. After 10 years of heavy use these chaim are deteriorating. These rooms hold r approximately 35 meetings per week. a 158 Library 12030 3 Enhanced meeting and conference reservations $27,548 1.00 Dept. se"iw, and Central Library community Withdre participation through membership in the Chamber w of Commerce. 33d Library 12031 2 Replace phone system due to obsolescence at $9,040 0.00 Critical Great Nock Library. 159 Library 12031 3 Great Neck Area Library: l.Audi@visual return $37,289 1.00 Dept. slots facilitate return of expensive materials when Withdre library is closed. 2 Building manager needs access to information via microcomputer. 3. Provide partnership with more schools in Great Neck service area by improving communication, training students, sharing resources (additional information Specialist 11). 35 Library 12032 2 Bayside Area Library: Continue support for $300 0.00 Dept. "Families Reading Every Day' replacement Whhdm manipulatives for children, brochures and other w information for parents. 160 Library 12032 3 Bayside Area Library: Improve convenience to $1,915 0.00 Dept. customers by permitting safe, 24 hour return of Withdre more than 25,000 checked-out audiovisual Items w annually. These currently must be returned only during the 58 hours per week that the library is open. 161 Library 12033 3 Oceanfront Area Library: Increase Public $61,776 2.10 Dept. $en!ms staff intemctionmth library customers at Withdre Oceanfront Area Library by: 1. Providing an w additional full-time Library Information Specialist 11 to serve customers vath their library information, readers senices, and programming needs. 2. Providing an addiflonai part4ime Library Aide to shelve library materials so that items are made accessible to our customers within twenty-four (24) hours of their return. 3. Freeing Library Information Staff from clerical duties with the change from a twenty (20) hours per "sit part-time Administrative Secretary to a full-fime Administrative Secretary. And, Support the City Business of a Safe Community by: Providing a Library Security Offimr for an additional twelve (1 2) hours per week to intervene with individuals who exhibit disruptive behaviors at the Oceanfront Area Library; Increasing convenience to Oceanfront Area Library customers by installing an in-wall drop for the after-houm return of audiovisual materials. 162 Library 12034 3 Kempsville Library: A. Ensure a safe library $4,567 0.00 Dept. environment by extending the security @r's Withdm $enims by 12 weeks to cover the entire schml w year (September, April, and May). B. Respond to numerous citizens' requests and minimize vandalism and damage to audiovisual items by installing a return specifically for audiovisual items. C. Enhance community involvement, the free expression of ideas, and discussion of l@l and national issues via a book discussion series for 50 participants. 163 Library 12035 3 Windsor Woods Area Library: A. Provide $46,816 1 @00 Dept. customers with assistance in an electronic Withdre environment, specifically in l@ting information w and providing instruction in using nontraditional and traditional library mwu@s. B. Facilitate access between library staff & customers by adding an additional telephone & installing an additional telephone line. C. Allow customers to return cassettes and compact discs in the libmry's bmkdrop when the library is closed. D. Ensure staff have access to microcomputer equipment which supports their work. E. Provide staff and volunteers a work area in which they can complete assigned work, organize information and maintain work-related files. F. Enhance customer access to the compact disc collection by purchasing another storage unit so that the entire collection can be browsed by customers. G. Increase opportunity for staff to attend micm computing and Internet training. 36 Library 12036 2 Pungo/Blackwater Library: 1) Increase the houm $52,101 1.25 Dept. of operation at the Pungo-Blackwater Library by 6 Withdre hours each week in order to provide customem w access to library services the same numl>er of hours per week as at all other Virginia Beach library outlets. 2) Install AudioNisual drop which will allow customem the option of returning audiovisual materials when the library is closed. 3) Him a part-time Secretary 11 to provide secretarial support at Pungo-Blackwater Library. 164 Library 12052 3 Municipal Library: A) Upgrade present News $17,351 0.50 Dept. Index (the Municipal Reference Library index of Withdre City of Virginia Beach local newspaper wvemge) w to an IT supported database management system, which will lead to it being a future Intranet and/or Internet service. B) Facilitate electronic library research for customers by replacing the current dot matrix printer with a laser printer. C) Increase access to infomabon by restoring FY 88189 public service hours and maintain hours consistent with other Municipal Departments by adding an additional 200 public service houm annually. 37 Library 12070 Cataloging and Processing: 10,000addifional $8,400 O@00 Critical 2 volumes are added to library collections by cataloging volumes. 165 Library 12070 3 Cataloging and P@ssing: Library Web she is $127,525 3.00 improved and has current, reliable information, and Community Information Database is built and maintained on new automated system. Administrative support is available, so City and Library Initiatives, as well as current accounting and secretarial tasks are completed on time. Materials collections met State Standards, and cost per volume drops below $5.00. 166 Library 12071 3 Automated Services: The following positions am $126,241 3.00 Cliti@l needed for the new library automation system that was recommended by the FY 1997-98 Caucus. - Microcomputer Analysts to provide network engineering planning, network administration, and desktop workstation planning, development, Installation, and upgrades for mtworked library automation client/soNer and office client/sewer technology. - Secretary to provide complete administrative support for agency management, staff, and services - Library computer services technicavopemtlonal support staff for expanded services and additional hours. 33c Library 12072 2 Replace phone system due to obsolescence at $6,300 0.00 Critical collection management. 38 Library 12072 2 Collection Management: The following materials $137,557 0.00 Critical will be purchased: 1. 8800 adult and juvenile circulating materials; 2. 100 reference materials; 3. 50 periodical and newspaper subscdpflons; 4. 150 audio visual items, totaling 9100. Inflation dollars needed to purchase the same number of library materials as fiscal year 1994-95. 167a Library 12072 Collection Management: The fol@ng materials $754,909 O@00 Dept. 3 will be purchased: 1. 31,500 adult and juvenile Withdm circulating materials; 2. 1850 reference materials; w 3. 900 periodical and newspaper subscriptions; 4. 4 subscriptions to electronic information; 5. 3800 audio visual items. Total items purchased at this level -- 38,000. lbrary Coin/vendmrd boxes for 38 electronic information as own workstations to require usem to pay for printed inding materials. ource 168 Mental 23207 3 Services for two consumers previously supported $127,000 0.00 Critical Health with waiver funds matched by CSA. With@t replacement match funding these @ clients cannot be served. Currently a high priority, politically charged issue. possible State stop-gap appropriation pending consideration may mitigate need for funding source relief. Regardless of State outcome, however, " need some back up for this match funding to accommodate the needs of these two 'high pmfile, individuals. Note that these families have voiced their mncems to the press on the pending loss of funding and am certain to do so again if a funding solution is not secured. Keep as 'front bumer, unresolved issue u til later in spring. 169 Mgt 29010 3 To cover workload Increases in areas of analysis $44,540 1 00 Se"ices and assistance for economic development pmjects, lengthened time requirements to complete projects and processes involving teams, and analysis needed to support caucus process. Currently being done using uncompensated overtime. With the loss of a staff member to the VCC, the burden (9% loss in @pacity) of continuing this overfime is too costly to staff well being and has wntdbuted to turnover (7.26%) above the average for City Departments (3.88%). m 170 Mgt@ 29040 3 Changes in the City's business practices and $44,049 1 00 Critical Services recent changes to the Single Audit Act have resulted in the need for increased ovemight and enhanced control structures in order to ensure that appropriate goals and objectives are met; resources are safeguarded; laws and regulations are followed; and reliable data am obtained, maintained, and fairly disclosed. This position will assist the division in meeting current level of demand for Internal audit mn!ws, as "II as, help to eliminate the existing backlog of requests for audits and assistance. 39 Museum 17120 2 Increase needed due to anticipated population $3,158 0.00 Funded a & gmwth to maintain the $1 per capita rate in Target Cultural established by City Council Arts 259 museum 27010 2 Funding needed to maintain current operations at $71,333 0.00 Has s & the Marine Science Museum. This includes funding Cultural replacement of a 21 passenger van ($46,961). source Arts (Note: performance measures indicate that an additional 44 thousand visitors will be semed) 275 Museum 27010 3 Funding is requested Fo-replace the Museum's file $15,000 0.00 Has own a & sewer. This replacement is supl>orted by funding Cultural Information Technology due to the age of the source Arts current system and its inability to support newer network software. 297 Museum 27010 4 An additional microcomputer is requested for an $3,525 0,00 Has a & existing account clerk to allow maintenance of funding Cultural databases and access to information on the City's source Arts mainframe. 260 Museum 27011 2 To provide additional contracted manpower to $20,808 0.00 Has own s & assist with inventories as well as provide funding Cultural additional funding for merchandise for resale and source Arts other account increases needed to keep pace with attendance. 276 Museum 27011 3 To provide sufficient inventory of items for resale $113,843 0 00 Hasown a & due to increases in attendance. funding Cultural source Arts i I 261 litional contracted custodial senioes are I n jired due to larger attendance. Also, minimum C la increases are resulting in increased cost to ntain current senices. Museum 27012 2 To provide security for the Museum facility seven $20,550 0.00 Has @ s & nights/week. funding Cultural source F Arts 277 Museum 27012 dditional equipment and contracted custodial $4,306 0 00 Has a & services due to increases in attendance. funding Cultural source Arts I 263 Museum 27013 2 1Requested funding will maintain current services $40,019 0,00 Has own a & at the I MAX Theater. funding Cultural source Arts 278 Museum 27013 3 Additional media campaigns and direct mailings to $121,695 0.00 Has s & increaseaftendanmovercu"ntlevels. (Note: funding Cultural performance measures indicate an increase in source Arts attendance at the IMAX) 264 museum 27014 2 Provides for a $1 increase in the hourly rate for $53,042 0,00 Has own a & contracted manpower (Note: no performance funding Cultural measures were provided for the Museum's source Arts education pmgmm) 279 Museum 27014 3 Would provide additional contracted manpower for $34,565 0,00 Has own a & enhanced educational programming (Clam, funding Cultural Whales, and other exhibits interpreted and exhibit source Arts assistanm) and additional training for staff. (Note: no performance measures "m provided for the 98 Museum 27014 Museum's education program) 4 Installation of a drop wiling in the group sales $8,560 0 00 Has own s & area to enhance communications vath customers funding Cultural ($3000); additional contractual manpower for source Arts special events ($4560); and funding for a director of programs fact finding trip ($1,000). (Note: no performance measures were provided for the Museum's education program) 265 Museum 27015 2 Additional funding beyond target required to $71,402 0.00 Hasown a & maintain current services in the Museum's funding Cultural exhibits, The majority of the funding is for source Arts additional contracted manpower. (Note: no performance measures were provided for the exhibits budget unit.) 280 Museum 27015 3 Funding is requested for $26.465 0.00 Has own a & & outlay for maintenance o funding Cultural 4 source Arts 1 281 Museum 27015 3 Additional funding is MqL $105,115 3.00 s & full-time positions to prov Cultural care of the animals and a source Arts Museum (2-Exhibits Tect Technician 11). In additio contracted manpower to assist staff in monitoring water quality and medical conditions and to provide supplies necessary to maintain the exhibits. 299 Museum 27015 4 Purchase of a wide format color printer is $12,000 0.00 Has a & requested to allow production of professional funding Cultural graphics which are currently being contracted out. source Arts There is an indication that the unit vall pay for itself in less than two years, but there is no reduction in OU 300 Museum 27015 4 Purchase of a boat with traile $45,000 0.00 Has own s & specimen collection trips both in-shore and out to funding Cultural 30 miles@ source Arts i 266 museum 27016 2 Additiona n ng promotional literature $6.650 a & I Cultumi needed to maintain current se"ims. (Note: no Arts Performance measures where submitted with the 282 Museum 27016 3 Increased marketing for tour gmups to the $94,900 0.00 Hasown s & Museum, funding Cultural source Arts 301 Museum 27016 4 Adequate television and radio advertising for the $208,000 0.00 Has own a & Museum. funding Cultural source Arts 40 Museum 27100 2 To provide interpretive pmgmms and tours to an $1,976 0.00 Critical a & additional 600 visitom; to present 2 additional Cultural interpretive pmgmms; and to provide additional Arts special achievement programs for scouts, the Francis Land House is requesting funding for additional contracted manpower. L 171 Museum 27100 3 A full-time Museum Education Specialist position $37,253 1 @00 Critical a & is requested to implement programs in the new Cultural Francis Land House History Park. The position Arts will be responsible for daily and special programs. This position will provide interpretive tours to an additional 60DO visitors. 240 Museum 27100 4 Purchase of a LaserJet printer and supplies to $4,425 0.00 Dept. s & allow staff to create flyem and posters for special Withdre Cultural events and programs. Also, provides additional w Arts funding to expand gift shop inventory in anticipabon of additional visitors. I 241 Museum 27100 4 Interpretive signage for History Park visitors $11,000 0.00 Critical s & Cultural Arts 41 Museum 27200 2 Increase operating support for the Atlantic $3,967 0.00 Dept. s & Wildfowl Heritage Museum and the Old Coast Withdre Cultural Guard Station (the City provides funding as an w Arts annual grant). 172 Museum 27200 3 Fabrication of public exhibits at the Old Coast $19,300 0.00 Dept. a & Guard Staflon and establishment of edumbonal Withdre Cultural programs for the Atlantic Wildfmi Heritage w Arts Museum. (This would be used to fund a position at the Wildfowl Museum) 242 Museum 27200 4 Implementeflon of a Historic Rewurces $18,050 0.00 Dept. a & Management Plan creating a system of tracking Withdm Cultural identified historic resources and establishing a w Arts private fund for preservation effort. 42 Museum 27300 2 Pmvide contracted manpower and supplies $6,250 0.00 Dept. a & necessary to meet current levels of service. Withdm Cultural w Arts 173 Museum 27300 3 Americans for the Arts annuai conference for the $1,200 0.00 Dept. s & Cultural Arts Coordinator Withdre Cultural w Arts I + 43 funding to conduct a Dept, rating the Amgona idre i multi-purpose community 44 Parks & 11022 2 Funding to upgrade 2 Park Aide It's to Park Aide $25,315 0.42 Dept. Rec. Supervisors at Little Island Park during the Withdm Summer months from May through October (40 w houm per week for 22 weeks at a cost of $6,715) when their duties change to supemim staff for fishing pier and parking lot operations. Revenues for the department's operating budget are derived from the dedicated real estate tax for the Recreation Centers, Parks and Recreation program and activity fees, and a transfer from the General Fund, and are not sufficient to cover the cost of current operations. This request "a placed in SL2 to meet Target. Also, request includes replacement utility vehicles for Mount t District Parks TraShmom and Munden Poin ($18,600). Funding this request does not impact performance indicators, and there am no existing revenues or anticipated fee revenue increases to cover these costs. This is the third highest ranked departmental need for the department's non-dedicated tax bureau$ in SL2. If the Service Level 3 request for I 1 089 is approved, then all but $2,852 of this cost would be covered. 45 Parks & 11070 2 Funding to replace the outdated sound system $2,200 0.00 as own Rec. and light board (cost of both $15,200) in the funding Kempsville Recreation Center's Theater to provide source additional cultural and mcmational opporhinibes which emphasize dmma, music, and performing arts that will increase theater usage and increase revenue. Because of the condition of the equipment in the theater, the theater is rarely leased to outside groups. The total cost is $15,200; however revenues of $13,000 are anticipated from theater mntals. Cost shown is net of revenues. Of the dedicated tax bureaus in Parks and Recreation, Kempsville Recreation Center's SL2 request is ranked the highest. -i 46 Parks & 11070 2 Revenues for the department's operating budget $60,056 4.34 Dept, Rec. 11071 am derived from the dedicated real estate tax for Withdm 11072 the Recreation Centers, Parks and Recreation w 11073 program and activity fees, and a transfer from the 11074 General Fund, and am not sufficient to cover the 11075 ost of current opem6ons for all 6 Recreation Centers. To meet Target, all Recreation Centers reduced the houm to be worked by Facility Customer Assistants at the fmnt desks which resulted in a total FTE mducfion of 4.34 vath total cost of $60,056 which could adversely impact customer service. ExisUng revenues are not sufficient to cover this cost and no fee increases are proposed to cover this cost. The reductions are Kempsville: 3 part-time staff houm (.99 FTE) reduced 60% from 15 to 6 houm and from 25 to 10 hours per week (cost to restore hours $13,700). Bow Creek: 2 part-time staff houm (.2 FTE) reduced about 12% from 34 to 30 hours per week (cost to restore hours $2,768). Seatack: 4 part-time staff houm (.2 FTE) reduced 6% from 34 to 32 hours for one staff member and 36 to 34 hours for three staff membom per week (cost to restore houm $2,768). Great Nock: 4 part-Ume staff hours (.98 FTE) reduced 31% from 30 to 20.75 houm per staff memt>er per week (cost to restore hours $13,561). Bayside: 5 part-fime staff hours (.97 FTE) reduced 44% from 17.59 to 9.8 hours per week per staff member (cost to restore hours $13,422). Pdnwss Anne: 5 part-time staff hours (1.0 FTE) reduced 32% fmm 25 to 17 hours per week per staff member (cost to restore hours $13,837). The department ranked these Recreation Center requests from highest to lowest: Kempsville, Bow Creek, Seatack, Great Neck, Bayside, and Princess Anne. 283 Parks & 11070 3 Funding for a boxing program at Kompsville $0 0.00 Has own Rec. Recreation Center with the purchase of a dual funding purpose 20' x 20' portable boxing ring to: increase source recreational opportunities for all ages, reach youth through mentoring and tutoring, and to establish a self esteem program for at risk youth. This program will generate revenue from boxing exhibitions, classes and clinics. The total cost is $5,900; however revenues of $5,900 are anticipated. Cost shown is net of revenues. Of the dedicated tax bureaus in Parks and Recreation, Kempsville Recreation Center's SL3 request is ranked the second highest. 284 Parks & 11071 3 Funding ($5,500) for a mm divider curtain for the $0 0.00 Hasown Rec@ Bow Creek Recreation Center gym to create funding additional space for multiple uses and additional source pmgmms. This will increase overall Center attendance, and pmduce additional revenue anticipated at $5,570 in daily passes and membership cards which will offset the cost. Cost shown is not of revenues. Of the dedicated tax bureaus in Parks and Recreation, Bow Creek Recreation Center's SL3 request is ranked the highest. 174 Parks & 11073 3 Funding for Great Neck Recreation Center for $1,170 0.00 Has own Rec. additional transportobw (I van at a cost of funding $20,750) for the After School Program and source additional recreation supplies (two sofas for At Risk pmgram area at a cost of $2,000), and a kiln (Mst of $2,500) for the revenue pmducing pottery classes for the youth, adults and seniors. The total cost is $25,250; however revenues of $24,080 fmm pottery clasmatpmgmms and After School program are anticipated. Cost shown is net of revenues. Of the dedicated tax bureaus in Parks and Recreation, Great Neck Recreation Center's SL3 request is ranked Om third highest. 267 Parks & 11075 2 Funding for Princess Anne Recreation Center for $0 0.00 Has own Rec contracted use of School buses for weekly funding summer day wmp field trips (cost of $5,000). source Additional revenue anticipated at $5,000 vilil be collected thmugh increased registration fees to offset these costs. Cost shown is net of revenue. Of the dedicated tax bureaus in Parks and Recreation, Princess Anne Recreation Center's SL2 request is ranked last. 285 Parks & 11075 3 FundingforPdncessAnneR re@ationcenterfor $0 0.00 Has own Rec a treadmill (at a cost of $5,500 ) to add to the funding cardiovascular equipment in the weight room in source response to customer demand. Anticipated to be offset by $1 1,000 in revenue generated through purchase of membership cards by adults and youth that are attracted by the wider variety of equipment. Of the dedicated tax bureaus in Parks and Recreation, Princess Anne Recreation Center's SL3 request is ranked last. 47 so Parks & 11082 2 Funding to cover a full year's needs for the Youth $3,200 0.00 Dept@ Rec. Opportunities Offim for media advertising and Withdre other operating costs (print shop charges and w computer supplies). Council approved the office on 11-25-97 and appmpdated one-half year's funding. There are no existing revenues or anticipated fee revenues to cover this cost. This is lowest ranked departmental need for the department's non-dediwted tax bureaus in SL2. If the Service Level 3 request for I 1 089 is approved, the revenue generated would not cover any of this cost. 268 Parks& 11083 2 Funding to maintain balmelds at current level by $0 0.00 Has own Rec provision of adequate lighting maintenance and funding supplies (i.e. replacing burned out lights) to avoid source delays in replacement of burned out lights. Most of the cost ($106,500) is funded vathin Target except $9,000 in SL2. Also, provide 15 cellular phones for supervisors of youth/adult softball/baseball sites for emergency and non-emergency communications and more efficient management of the flelds ($8,640), and port-a-lohns at youth and adult softball/baseball sites where none are available for health and welfare of participants ($3.600). The total cost is $21,240, and is the highest ranked departmental need for the department's non-dediwted tax bureaus in SL2. Funding this request is not anticipated to increase the number of youth and adult teams using these athletic fields. Existing revenues and revenues from proposed fee increases elsewhere in Parks and Recreation non-dediwted programs (Before and After School Programs in 11089) will cover this cost. The unfunded cost shown is net of revenues. 48 Parks & 11089 2 Funding related : the fringes for Activity CenFer- $2,375 0.00 Has own Rec. Directom and Assistant Directors for personal funding leave ($2,61 1) and substitutes/contracted source manpower for those directors that are on leave to maintain safe rabos in the Activity Centers of staff to participants ($34,125), and criminal background checks for new employees working vwth children ($4,000). A fee increase of $1 per pemon per meek from $13/$l 1 to $14/$12 is proposed for the Before School pmgmm which will cover $38,371 of the total cost of $40,746. If the Service Level 3 request for 1 1 089 is approved, then this total cost would be covered. The SL2 request of Youth Activities is the second highest ranked departmental need for the department's non-dedimted tax bureaus in SL2. 49 Pe a& 11089 2 Funding for an increased amount of interpreter $6,000 0.00 Has own Rec services at elementary and middle school activity funding centers for hearing impaired in response to source increased demand for these services ($5,265 is in Target, and $4,000 is requested in SL2). Interpreter services am mandated by state regulations of the Department of Social Services. Also, funding is requested for increased maintenance on departmental bus and cam ($2,000). Them are no existing or proposed fee increases available to fund these needs. The SL2 i request of Youth Activities is @ second highest ranked departmental need for the department's non-dedicated tax bureaus in SL2. If the Service Level 3 request for 11089 is approved, then this total cost would be covered. 269 Parks & 11089 2 Fundingtoacquirethel'imnsingfortheA r $0 0.00 Hasown Rec, School program for the existing 53 activity contem funding (public elementary schools), which is now a source recreational drop intdmp out program to (I)stmamline policies and procedures governing the Before and After School Programs, lessen confusion by one program being licensed and the other program not being licensed, and increase the overall quality of the program; (2) incres, participation from parents who would only enroll their child(ren) in a Licensed Child Day Center Program and (3) become eligible to receive child care support fundirvg through the Virginia Beach Department of Social Semloss child rare programs (State and Federal funds can not be used for programs that am not licensed ). A survey is being conducted with citizens to evaluate the acceptance of licensing this program. State Child Day Center Regulations drive the requirements which have a total cost of $424,324 and include: a snack to be provided to each participant in attendance on a daily basis (cost $423,735), an additional training class in fimt aid/CPR and CPR reoerfif'ication (cost $225), and copy of the current state regulations for center ($364). more stringent staffing ratios, stricter procedures for signing-in and holding and releasing children at the end of the day, etc, The SL2 request of Youth Activities is the second highest ranked departmental need for the department's non-dedi@ted tax bureaus in SL2. A $5 per participant per week fee increase fmm $17/$15 to $221$20 is proposed to cover the cost of the snack. With the proposed fee increase, the per week cost is $10-t@$15 less per week than the private sector. The average number of participants is anticipated to increase by 3 per site or 159 overall. The remaining cost will be rovemd by a proposed $1 fee increase for the Before School Program from $1 at$l Ito $14/$12. The unfunded cost shown is not of the revenue Pe 11089 2 generated by the fee i.ncreases. i ' & Funding of $26,154 for t arts and craft, -$O 1.89 Has R., specialists/program for the summer (cost of funding $15,914 for 1. 1 5 FTEs for 53 activity centers source involving 6 part-time staff 40 houm per week for 1 0 weeks) and for Before and After School Pmgrams ($10,240 for 32 part-time Activity Center Assistant Directom 0.74 FTES to work 2 hours per day for 24 weeks). This program was moved to SL2 to meet Target. A fee increase of $1 per person per week from $13/$l 1 to $14/$12 is Proposed for the Before School Program which will cover the total cost. The SL2 request of Youth Activities is the second highest ranked departmental need for the department's non-dedicated tax bureaus in SL2. The unfunded cost shown is net of the revenue generated by the 286 Parks 11089 fee increases. Rec 3 Funding of $20,750 or an additional 15-passenger $0 0.00 Hasown van for community and out of town oubngs for funding 2,820 middle and community outings for 2,300 source elementary school youth in the 53 After School Activity Centem. A fee increase of $1 per person per week from $14/$12 to $15/$13 is proposed for the Before School Pmgmm to cover this colt and other costs in SL2. 289 Parks & 11089 3 Funding of $20,757 for two part-Um staff 30 $0 1.50 Has own Rec. hours per week for 52 "oks to streamline and funding assist in various aspects of the financial source procedures including: the processing of over $2.8 million of generated revenue; @kly data entry of registration information and program fees for over 4,000 participants; on-site consultations to assist staff with deposit preparation. verification of revenue logs, revenue collection and account reconciliation; 2 walk-in registrations for approximately 1,700 registrants annually at the -ity-Wide Programs Office and on-site registrations; data entry to assist with the processing of 400 fee waivers annually and payroll for approximately 250 part-time employees 24 times a year; compiling and providing statistics for administrative rel>orts as requested; and verifying participate accounts to ensure payments and late fees are oollected for 1 1 1 programs. A fee increase of $1 per person per week from $14/$12 to $15t$13 is proposed for the Before School program to cover this Goal and other costs requested in SL3 and SL2. The SL3 request of Youth Activities is the highest ranked departmental need for the department's non-dedimted tax bureaus in SL3. 17 7 FP PIO 02011 3 This fact paper requests funding to pmvide public $55,500 O@ 5 0 relations management and communications support. 176 PIO 02011 3 Issues Management- An additional Media $91,940 1.00 Critical Specialist III is requested for Public/Media Relations support for strategic agenda items, "Hor issues, and prmctive public relations. Also additional funds are requested to expand the following services: Citizen Se"ims Guide, City Page Ads, Beach Advisory distribution, Quarterly People Poll, Issues Management Training, Media Training, Contracted Sewicas - Media relations for "Hot" topics and proacbve public relations on citywide strategic agenda hems. L 50 Planning 13010 2 Clerical Support and Technology Needs - This $34,138 0.00 13011 request is needed to maintain current services ctca,4, 13012 related to clerical and operating support of Boards and Commissions. The technology related items address deficiencies in the current system and provide for continued data base development of a comprehensive, integrated and automated system to store and disseminate land-based data and information. 177 so Planning 13011 3 Transportation Improvements/C itizen Survey - This request includes the Economic Vitality Strategic Recommendation related to transit and transportation alternatives. Additionally, the Quality Physical Envimnment Strategic Recommendation #5 - Conduct a citlzen opinion survey on community appearance is supported. 51 Planning 13030 2 Plan Review - An additional project manager $65,842 1.00 Dept. & position is needed in the DSC to meet the Withdre 3 demands and expectations of the customers and w the organization. Problems are occurring in several areas not associated with development plan review. The massignment of the DSC Project Manager III fmm a team leademhip mle to assisting the teams vath crisis management, Desertification and training issues, coordinating the teams, identifying process management problems, and providing supervision to (7) staff engineers will be accomplished. This will allow time for studying current policies, procedures, ordinances, fees and standards for needed update and improvement and identify and implement new revenue sources. Also, $16,390 is needed to maintain and update the DSC Development Plan filing system and the associated Reference Atlas and mapboards through contractual services. This also provides clerical support, filing and transfers plats and legal documents to the Office of the Clerk of Circuit Coun for recordation. 243 Planning 13030 4 Lake Gaston Impact - The volume of development $248,237 6.00 Dept. 13035 plans, permits, sumties, and all other activities Withdm associated with the development plan review w process are expected to increase during the last half of FY 1997-98 with the completion of the Gaston Pipeline Pmject and removal of water restrictions. The staff and associated expenses needed to respond to this increase in workload am identified: (1)DSC Project Coordinator 1, (2)Civil Engineer 1, (I)Planner 1, (I)Planning Technician 1, and (1)Secretary 1. An additional Civil Engineer I position is also identified in Budget Unit 13035 PU to complete the review team. Office Space is a major mnmm. Them is no additional space available for new staff in the area currently allocated by the DSC. 52 Planning 13040 2 Funding for the remaining cost for current $6,566 0.00 Dept. SeNices. Withdre I w 178 Planning 13040 3 Data Processing Equipment - additional $10,950 O@00 @ritical microcomputem and related internal service charges. These costs include:$3,500 for a color laser printer and $5,800 for 2 Pentium computers Also included is $1,250 for internal service charges for supporting the 2 additional computers and $400 for a bicycle for beach inspections. 53 Planning 13050 2 Redesign Of Existing Automated Permit Issuance $87,002 0.00 Dept. System - Originally designed in 86/87. This would Withdm reduce customer time and P & I staff time in the w issuance of permits. It @ld also reduce staff time in Information Technology (IT) as the P & I staff adds information to permit files without involving IT for mainframe program changes. Currently, IT's workload delays pmgmmming response time from a week to a year while P & I staff could do it in a matter of minutes with the new system. Additionally, stipulations in the change of zoning, use pemit, or any other conditions could be incorporated into the building permit, so that the inspector would have this information when making inspections. Planning 13051 3 A truck is requested by the department at service $17,935 0,00 Dept. level three. Withdre w 180 Police Variou 3 Increase clothing allowance from $600 to $1200. $97,800 0.00 Critical s 54 li,, Expansion of card Mader door access system at $13,000 0.00 Critical Public Safety Building to impmve security by limiting unauthorized access to areasmth limited security. 181 Police 09010 3 Mismilaneous communication and data $19,650 0.00 Dept. processing equipment for Offices of Director and Wthdm Media Relations. w 182 Police 09010 3 Additional part-time Police AJde and other $26,459 0.50 Dept@ & expenses to support to Chaplain's Program. Withdre 4 w 183 Police 09010 3 Additional Secretary 11 to same OfRces of Director, $28,243 1 00 Dept. Professional Standards, and Media Relations. Withdre w 244 once ogolo 4 Mobile Media Relations offim. $175,000 0.00 Dept. Withdm w olice 9011 3 Additional police sedan for Auxiliary Police $38,325 0.00 Dept. Coordinator and miscellaneous equipment. Withdre w 55 olce 09014 2 Purchase of back-up server, utilities software, and $117,000 operating system software upgrade for police records management system. Replace 20 micmomputem. 85 09014 3 Purchase of server management utility, and a $7,400 Dept. laptop computer for Planning and Analysis Withdre I Ipersonnel. w 186 Poli 09014 3 Additional Systems Engineer and associated $60,426 1 @00 Critical expenses for I>oli@ records management system. Currently one engineer handles a wide area n twork which includes 6 separate local area n:tworks at 6 separate sites, 7 other senem and one SOL sewer to operate the new records system and 250 micros. 56 Police 09015 2 Funding for additional fireams training, safety $12,400 0.00 Dept. helmets, and additional exercise equipment for the Withdre now fitness program hot funded in SLI. w 577 Police 09015 2 Increase training funds due to recent and $45,400 0.00 Critical anticipated retirements in the command and supervisory ranks. Training is ranked as a departmental priority. L 187 Police 09015 3 Purchase drivers training simulator ($40,000) and $100,000 0,00 Critical a judgmental fimams training simulator ($60,000) to provide officers with enhanced training in nandling critical incidents and reduce Idepartmental liabilities 188 Police 09015 3 One (1) Sergeant, two (2) Master Police Officers, $250,533 6 00 Critical and three (3) Police Officers to enhance academy training and officer in service training. Two sergeants and seven officers currently handle academies and in service training. There is at least on academy each year. All sworn officers are required to attend 40 hours of in service training each year. 245 Police 09015 4 Clerk Typist I to assist Safety Officer. Dept. Withdre w 246 4 Administer promotional process for Lieutenant Dept. ($20,000) and Sergeant ($5,000) positions. Withdre w 247 4 Fund fimt year of a career development program for police officers. Funds are for salary and benefit incentives for career pmgmssion. 58 Police 09016 2 Upgrade technology. $3,250 0,00 Dept@ & Withdm 3 w 59 09016 2 Overtime to address community problems $9.044 O@16 Dept. associated with the school environment. Withdm w 3 $49,629 1.00 Dept. Program, the Crime Prevention Unit, and the Withdre Sch I R qou7e off'c' T w 20 provide co tractd mapo=r fnds to sodas sioooo @oo Critical current and anticipated backlog If @minai incident report entries into the computer system. Backlogs can be two weeks. The State mandated Incident Based Reporting System will double the size )Olim incident report. 2Equi= and building modifications so the $32,300 oo Pt &Property and Evidence area is safer and more Withdm 3comfortable. Police 09017 2wen $10,000 - w - 0.00 c@l 62b Olice 9017 3Installation of ventilation system in the $8,500 0.00 Critical - photography lab in Fomnsim to meet OSHA request standards, first of two phases at $8,500 ach. reduced L 190 Olice 9017 3- Data entry ciem Tor police reports; constant 20,660 00 n i@l backlog of reports to be entered into the computer system delays the assignment of cams to investigators. Mom backlogs are ,pectd p,, implementation of the state mandated IBR system which will t@ple the size of the police report. 91 Olice 9017 -3 Additional Storekeeper I o expand the hours of $23,634 1 00 Critical a f the Police Store. -Trpat'on 192 p rcha B weapon testing equipmenf $25,000 olice 09017 3 .00 Dept. Withdre 27 083 Olice 9017 3Storekeeper it to assist in carrying out the 00 Critical additional responsibilities of the Pmperty and Evidence Division. The amount of property and evidence has increased substantially since n ,:I have been increased in this unit. 194 Pllce 09017 3 of computer equi ment to allow $68,000 0 00 t p Forensic Services to use digital technology for all Wthdr, photography, in lieu of traditional photographic w methods Over two years this could eliminate the need for the traditional darkroom, thus freeing space for other use. ne (1) Police Sergeant, six (6) Police C)fflcers $460,158 9 00 cltlcll two (2) Clerk It's and associated expenses and equipment (including vehicles) to expand the Wa@nt Squad to increase apprehension of wanted felons. This has the ondomement of the COMMOnmaith's Aftomey'S Offim Replacement and additional co munimtion $87,900 0 00 Dept. equipment to enhance communication l,ong Withdm &,4 tions. w H Olice 9020 2Anticipated p motions for 50 OWArs to Matr $180,000 0 00 cal Police Officer. Includes an increase in salaries and benefits. MPO promotional fund, hall been provided in the current and past budgets. -Po, 2Ov 230.000 @oo Cr,,, appmprlaflon in Uniform Patrol ($21 0,000) and Special Investigations ($20,000). Funds provide manpower for special events, such as Oceanfmnt activities, holidays, Neptune Festival, etc. This account will only provide funds to meet current fiscal year appropriations and ill not in,lud, @H B,=creases. protective est (body 7 armor) to meet manufactumr's warranty, which is 00 0 00 aquasIt $ 0 0 n are date o 'so reduced porma" five 0 from f U@'muniton Irchase rplammnt equpment $77 000 0 00 Cdtical-r and supplies for Special Operations, Marine I I squeal Patrol, and Mounted Patrol. Examples include reduced diving equipment and suits, riding equipment and ring apparel, rifle stocks and barrels. and I 196 Police 09020 3 Automotive Services Aide to assist the Fimt $20,660 1.00 Dept. Precinct in performing minor maintenance needs. Withdm This would allow mom Police Offimm to be w available for enforcement, which otherwise would be transporting vehicles to and from the City Garage. L 197 Police 09020 3 Additional Secretary I at Second Precinct to $24,000 1.00 Critical-r address workload increases due to oceanfront squeal enforcement activities. mdumd 198 Police 09020 3 Four (4) Police Aides to sem; as Community $93,184 4.00 Dept. Service Officers, responsible for performing a Withdre variety of Police Department operational and w dministrative support functions, including public Assistance. Duties include addressing complaints and requests for general information, assisting a precinct desk, and assisting police offimm with tmffic control at accidents, parades, special events, and certain investigations. M 199 Police 09020 3 Additional closed@ircult television camera for the $200,000 0.00 critical Oceanfront to provide additional capabilities in monitoring crowds, behavior, traffic, and other activities in the resort area. t 200 Police 09020 3 Replace SWAT protective vests. $20,000 0.00 Critical 4 L 201c Police 09020 3 2 additional Captains to increase sul>enisory $180,000 2.00 Critical capabilities, includes equipment. L 201a Police 09020 3 6 Police Sergeants and 48 Police Officer Recruits $3,400,000 54.00 Critical with all associated expenses, including vehicles to reduce yeady transtem of offimm fmm other precincts to cover oceanfront related activities and operations. L 201 b Police 09020 3 4 additional sergeants (one per precinct) to $290,000 4.00 @nN@l increase supervisory capabilities, includes equipment. 45 ofrimm have been added to the department since additional sergeants have been provided. Fimt-line supervision is critical for operations. 248 Police 09020 4 Motor home to serve as command vehicle during $65,000 0.00 Dept. hostage negotiations. Wfthdre w 249 Police 09020 4 Establish Take-Home Vehicle program (40 $1,460,000 0.00 Dept. police-package sedans and all related equipment) Vvlthdre to increase police visibility in neighborhoods. w 67 Police 09027 2 Printing costs for additional emergency medical $10,000 0 00 Dept. dispatching manuals, Withdre w 68 Police 09027 2 Replacement and additional equipment to $42,000 0.00 Dept. & enhance Communication Division opemuons, Withdm 3 including a van to t>e used to transport w communication equipment. 202 Police 09027 3 Funding for Disaster Recovery Service, to ensure $64,500 0.00 Dept. that public safety communication is not terminated Withdre as a result of disasters. w 203 Police 09027 3 Five (5) additional Communication Officer I's to aid $150,000 5.80 Cdtl@l in emergency mediml dispatching to meet the recommended from the EMD committee. Police 09027 4 Upgrade microwave system t( Has own locations, as well as additions funding paging transmissions. source t 251* @ CS Police 09027 4 A 911 Dispatch and Emergency Operations $7,000,000 0.00 Has @ Center to house equipment, train employees, and funding provide additional protection fmm environmental source forces. 252' CS Police 09027 4 Upgrade computer/wimiess communication $7,600,000 0.00 Has network. Upgrade would expand applications and funding include user lemmata for Police, Fire, and EMS, source as well as necessary wmputem and transmitters. 253' CS Police 09027 4 Two (2) additional voice and data transmitter sites $9,000,000 0.00 Has own to improve signal transmission and eliminate funding locations in the City where transmission cannot source occur. 254* CS Police 09027 4 Upgrade Smartnet Radio System to allow superior $10.300,00 0.00 Has own audio and encryption, and compatibility with 0 funding neighboring systems. source Police 0911211 2 Additional overtime not funded in SL1. $21,435 0.38 Dept. Withdre 69 1 204 Police 09028 3 One (1) additional Secretary II to assist with $24,728 1,00 Dept. increased worklmd. Withdre w 205 Police 09028 3 One (1) Master Police Officer, and all associated $55,016 1 00 Dept. expenses, to serve as an Investigative Crime Withdm Analyst to help in suspect apprehensions and w case clearances, by assisting investigative division with data gathering and analysis. 206 Police 09028 3 Two (2) additional Master Police Officers, and all $108,234 2.00 Dept. associated expenses, to serve as detectives on a Withdre "Cold Case" Squad to help solve cases that have w gone unsolved for a lengthy period of time. m 207 Police 09028 3 Two (2) additional Master Police Offimm, and all $111,134 2.00 Critical associated expenses, to serve as domestic violence investigators to address increasing workload due to the new state law requiring mandatory arrest of the primary aggressor in domestic violence incidents where pmbable cause exists. 208 Police 09028 3 Provide a 5% salary increase for detectives during $136,590 0.00 Dept. the time they am se"ing in the Investigative Withdm Division. w 70 Police 09029 2 Additional operating expenses and capital outlay $90,927 0.00 Dept. (data processing equipment) needed to maintain Withdre current level of senice, including overtime w ($43,894). 209 Police 09029 3 Capital outlay equipment to enhance the $69,940 0.00 Dept. effectiveness of Special Investigative Division Withdre investigations. w I 210 so Police 09039 3 Fifteen (15) Community Police Officers, and $536,454 15.00 Critical associated expenses, to expand the community policing effort. A federal grant will fund up to 75% of all salaries and fringe benefits for a 3-year period. These ofricem will allow additional high@rime neighborhoods to receive community policing se"i@. Total cost of these officers is $905,330, estimated federal revenue is $368,876. C@F 71 Police 09112 2 Refractory replacement of the incinerator at $22,800 0.00 Critical- Animal Contml which was purchased in 1983. funding This replacement is recommended by General reduced Se"ices, Building Maintenance. If this is not replaced, the incinerator will eventually be destroyed and will require complete replacement at a cost of between $150,000 and $200,000. L 211 Police 09112 3ne (1) Animal Cntol officer, and .11 asmiatd $62,81, 1.00 Critical expenses, to help reduce response time and provide mom time to investigate cruelty 212 Vadou 3= outlay for 2 budget units; expand $21,222 @00 Dept. Works s backyard compost bins to additional 20% If Withdre - residents serviced. w m 72 @P ublic 0021 2Enhanced Resort Maintenance - This is a partial $75,556 @00 Crifical.r Works of the amount in Beach Operations SBN!ce level 2, squeal or part of that included in item #72 on the reduced consolidated list. A total of $75,@ is proposed to enhance resort area maintenance by: providing for additional contract temi>omry labor to meet increased demand for sweeping and tmah pickup associated with the higher volume of visitation, increased number of special events activities on the beach and boardwalk, and wider boardwalk section; and providing contract assitanw following major stom events (northeastern) to promptly remove large volumes of debris deposited on the beaches. No permanent FTEs are requested. The impact of not funding this will be unmet public expectations regarding the cleanliness and upkeep of the resort area - =1 faanddd=esr)gthr@oupgahcout the season. 213 Public 10021 3 la ty lifter $70 700 0 00 Dept. Works receptacles on beach at lst, 2nd and 5th Streets. I Withdm Contmcted cleanup assistance to rem.. litter i w and debris from beaches following all sto@ events. Three addibonal radios to improve - corn un=ldaily, CHM 73 Public 10314 2othemr co ices his is for the annual $208,800 0 00 @ntical-r Works increase in the mcycling contract and the squeal 214 Public 1 10502 3additional homes to be serviced. reduced $22,160 1 00 Dept. Works duties, and laser printer for use by all RE staff. I Withdm bl c 0512 3- (3PS Sy@lm 10, Ialt me land @@,.y $56 050 0 00 Crit@i@l Works Equipment. 2: Plotter and supplies for Survey plats and plans. 3: Uniforms for personnel. 4: Provide for survey libray. 5: digital @mem fr 216 - hurricane preparedness team. ublic 0513 3Large format print mader devi a th t allows an $9 000 0 00 Dept. Works engineering plotter to function as an engineering Wfthdre +@ I copier. Although shown as a -neW'function, it is w actually a replacement for the same function that was provided by the Print Shop but discontinued when the City and Schools printing funti,,s we, consolidated. Would same the enbm Engineering Division, being utilized by bureaus such as Stom Water, Project Management, and the Survey Bureau as well as for copies of engineering plans bit ne p H@6 -Public 10514 -2 =,'geht Bml'k,@ -c No Works been provided for citizen crit, I 96-97, As of January 5, i requests for streeflights t approximately 155,000, v excess of 215,000 expec amount could double by t City@ide Stmetlight P by Council as a high priority item, Please note that the total requested amount of $258,000 will eliminate the currently identified backlog. Any funding that can be allocated to this program will help to reduce this backlog and should be considered. 217 Public 10514 3 Laptop computermil provide capability to $4,400 0.00 Dept. Works download traffic counter data in the field Withdre eliminating the need to bring counter data into the w office for downloading and returning worrier to the field. Anticipate savings of 6.4 man-hours per Intersection study. 218 ublic 10560 3 To enhance GIS system's output and performance $29,599 0.00 Dept. Works by obtaining an additional color plofter, mster Withdm image software and fast Ethernet smtch. Also w Improve the ability to train now users and members of staff by acquiring train tmis (Laptop computer and LCD pmj@tor). 255 Public 10560 4 Improve users'access to Mapping's documents by $875,000 0.00 Dept. Works acquiring a larg@fomat Document Management Withdre System and improving accuracy of mapping data w by acquiring updated photogrammetric information. 75 Public 10601 2 Contracted Manpower Needed To Support $9,052 O@00 Dept. Works Accounting, Administration, Customer Service Withdre Needs. w 219 Public 10601 3 Additional Support Needed for Clerical Functions $33,632 1.60 Dept. Works to Fully Assist Eleven (1 1) Bureaus. Withdm w m 220 FP Public 10602 3 An Exterminator 1, Truck and Other Supplies for $59,365 1,00 Critical Works the Vector Control Program. 76 so Public 10603 2 Miscellaneous supplies for infrastructure inventory $3,125 0.00 Dept. Works collection. Withdre w m 221 so Public 10603 3 Multi-agency infrastructure inventory collection. $iso,ooo o.oo Critical Works H 2 3 so Public 10611 4 Roadway Maintenance provides funding to $1,000,000 0,00 Critical Works increase the level of service for the repair and maintenance of the City's existing roadway infrastructure. Total project cost = $21,000,000. 77 Public 10611 2, Contracted street resurfacing (6.7 lane miles), and $166,102 0.00 Dept. Works 3 various replacement and new equipment. Withdre w 222 Public 10613 3 Adulticiding: Weekly treatment throughout the $181,276 0,00 Dept@ Works breading season. LaN!ciding: Most known Withdre breeding areas YAII be treated one time per week. w Source Reduction: Approximately I 00% of the ditch inventory vall be maintained in a 12 month period, including major mgmde work done to the ditches. Aerial adulticiding trials may be conducted. m 78 SO Public 10614 2 100% of non-emergency signal maintenance and $40,489 0.00 Critical Works repair and I 00% of semi-annual signal inspections will be completed. (Note: replacement of miling stock is combined with other departments) H 5 223 so Public 10614 3 Updated Traffic Signal Equipment - This is a $91,300 0.00 Cribwl-r Works partial of the amount requested in Tmffic squeal Operations service level 3. or part of item #223 on reduced the consolidated list. A total of $91,300 is proposed to upgrade eleven tmffc signal controllers (all at the resort area along 21 at and 22nd Streets, between Pacific and Parks Avenues) that were installed in the 1970's. They contain wnflict monitom, necessary to keep track of all green outputs. If two or more outputs are green at the same time, the monitor puts the signal to flash. The technology in these units is unable, however, to also detect the absence of red outputs, meaning indications could be green in one direction and no lamp (red burned out) in another direction. The impact of not funding this request is potential increase in liability exposure and reduced safety to the pu lic. I 290 so Public 10701 3 1.) To the maximum extent practicable, 90% of $54,011 1 @00 Has own Works projects will be managed on schedule. 2.) 100% funding of Administration and Management of the VPDES source PermittStom Water Management Program will be accomplished. This includes Federal and State reporting requirements, These activities support the outcomes and opportunities of the City's Quality Envimnment and Economic Vitality Strategic Themes. 291 Public 10703 3 (2) Field Portable Radim ($5,800), 1 Laser Printer $20,400 O@00 Has Works 24 PPM Duplex ($4,300) and 1 Lap-top Color funding Microcomputer ($4,400), 1 Amow Board on Trailer source ($5,900).. 302 SO Public 10703 4 Additional funding for Conbact TV/ Inspection and $410,950 0.00 Has own Works Cleaning of 2.27 miles of pipe and sliplining repair; funding Contract installation of pipe outside normal source in-house maintenance to correct chronic drainage pmblems ($1 00,000). 224 ublic 10810 3 Increased labor costs related to mandated $8,875 0.00 Dept. Works minimum wage increases; repair/paint of existing Withdre vehicle. w 79 Public 10902 2 I.Windows 95 Upgrades. 2. PC Memory Upgrades $10,100 0.00 Dept@ Works Withdre w 80 Public 10904 2 1 . Protective equipment for 8 team members of $7,764 0.00 Critical Works the Damage Assessment Teams that will preposition for emorgenciestdisastem, such as hurricanes 2. 3 days of food and water for the same team members. 225 Public 10904 3 1. Purchase of 3 digital wmems for Hurricane $5,351 0.00 Critical Works Preparedness Team. 2. Video taping of construction sites prior to construction. 81 Public 10905 2 Provide engineering support to the Hurricane Critical D Works Preparedness Plan with the inclusion of safety equipment and food rations. 226 Public 10905 3 To the maximum extent practicable and Within the Dept. Works control of the Bureau, (1) 82% of projects will be Withdre managed within appmved schedules, and ( 2) w 90% of the Engineering Technical and Consulting SeNices for the City's (6) Strategic Businesses, agenda items, city projects and special initiatives being considered will be performed Within the stipulated time frames. 292 Public 20011 3 Global Positioning System Equipment- The $29,500 0.00 Has Utilities department requests a GPS Field R@iver and funding 4X4 tmck, Use of GPS surveying equipment source pemits rwrganization of survey crews from 2-3 person crews to 3-2 person crews which requires i an additional truck. The additional crew will increase productivity and flexibility in daily operations. 293 Public 20030 3 Data Processing Equipment - Operaflons: 3 $105,575 1 0.00 Utilities & additional microcomputers and related internal 20032 senice charges are requested to provide access source to divisional local area network and amtfm/gis applications for (1) miss utility l@tor and (2) storeroom personnel. Control Center: Oracle RDB license upgrade is requested to replace database software and licenses which will extend system life. Also, VAX CPU and memory is requested to 294 recondition and extend system life. Po a department requests $9,000 0.00 Has own util eerl Loader: a power funding 'Ou@ 271 Public 20041 2 Sewer Maintenance - Additional funds are needed $516,500 o@oo Hasown Utilities & to continue a pilot program started in FY 95196 to funding 3 reduce the backlog of over 150 work ordem. It is source budgeted at the same level as last fiscal year, but only $75,000 is in service level one. The goal of the program is to reduce the need for additional cit y staff and equipment to address the backlog. Also a used mid-sized excavator is requested which is $40,000 less than a new one. Currently, one is being rented at $3,000/mo. Cost payback is estimated to occur in 5.5 yeam and the expected life-span is 7-8 ym. Also included is a trench box for crew safety and a 4' se"r camera to inspect the condition of the lines. 295 Public 20050 3 Communication Equipment - The department $17,400 0.00 Has own Utilities requests six additional portable radios for the funding se"im inspectors to communicate Ydth the source dispatch office while away from their trucks. 227 Social 08010 3 QELL-1: Establish 'Healthy Families' model as a $7,000 1 00 Crhical Services pmvenfive, muIU-agency appmach to supl>orting Virginia Beach families in the areas of parent educabon, childmn's readiness to loam, transitioning families off welfare, and health care. To help achieve this goal, the department is requesting to expand, via contractual services, the Crisis Center Hodine. 228 social 08010 3 Two part-time Social Worker positions are $29,741 1 00 Dept. SeNices requested to provide 24 hour response to Child Withdre Protecfive Service complaints. Currently, 88% of w these cases are responded to within state time frames; with the additional workem, that performance measure vall rise to 98%. 272 Social 08010 2 There am several federal/state mandated $1,520,578 16.00 Has own Services 08020 & programs for which a dedicated revenue stream funding 08030 3 (1 00% non local) will be provided in FY 199at99. source 08060 (These programs are: Aid to Dependent Childmni Foster Care & Day Care pmgmms; State Child Health Insurance Program; and Employment Service Cases (Welfare Refom Act)). Future dedicated revenue stmams seem fairly certain for some of these new pmgmms. For others, however, there is some mnwm about a shifting of the financial burden fmm the state to the City. The department will hire some wntmcted employees for some of them pmgmms to minimize the potential impact of the elimination of funding as well as the pmgmm; the conwm vath this option is turnover, mtmining, and stability. We note these for infonnaflonal purposes. H 3 229 so Social 08050 3 QELL-1: Establish 'Healthy Families, model as a $23,854 0.50 Critical SeNices preventive, mulfi-agency approach to supporting Virginia Beach families in the areas of parent education, children's readiness to learn, tmnsitioning families off welfare, and health care. To help achieve this goal, Pendleton is requesting that a part-time MH/MR Clinician 11 be ul>graded to full-time to coordinate pamnting services. (Not amount shown). L 230 Social 08060 3 A Social Worker position is requested to $29,398 1,00 Critical Services investigate adult protective service complaints Currently, 85% of the complaints are Investigated within the state Ume frames; with the additional worker, this performance measure would rise to 93%. Funding shown reflects the City portion; federal revenues amount to $7,121, 26 82 Various Variou 2 Replacement miling stock (vehicles, construction $3,438,563 0.00 CriticaT s equipment, trailers, etc) for various agencies which were requested at service level 2. $4.3 million worth of replacement vehicles, or 39% of the total City Gamge recommendation, am funded within target. For FY 1997-98 the City funded $4.6 million in replacement vehicles or 57% of the total@@ 231 Video 17170 3 Provides for mi@mpufar support fee for $2,250 0,00 Critical Services computer based character generators located at City Council and School Board chambers and funds two out-of-t@ pmductions for public schools programming. 296 Video 17171 3 Conversion of editing system from analog to $52,595 O@00 Has own non-linear, which will approve efficiency, funding effectiveness, and quality of video editing source operations; replacement of character generators serving City Council and School Board Chamber,, to increase reliability and functionality of on-air information display during live meetings; wireless microphone for field pmducbon video taping. 83 VOITntee- 17150 2 To avoid severely llmiting recognition of $5,000 0,00 crft@ I - r Council volunteers. Printing of staff manual. request reduced Dept. Withdre 00:1@ w 7. Bow Creek Neighborhood Park + $1,689,000: added to the CIP to acquire the site of the Bow Creek Motel and to construct a neighborhood park for the area. Funding will be provided from available charter bonds. 8@ Tax Relief for the Elderly Program + $290,000: added to the Operating Budget to provide additional relief for the elderly in paying real estate taxes. The new limits are as follows: Exemption Program: Income - $23,500; Net Worth - $80,000 Freeze Program: Income - $30,000; Net Worth - $ 100,000 Funding will be provided by reducing the originally proposed funding for the City's Reserve for Contingencies. Note: The program's exemption limits will increase to $25,000 for income and $100,000 for net worth in FY 1999-00. It is anticipated that an ordinance to amend the City Code will be presented to Council on May 26, 1998 9 Harris Road Bike Path + $267,000: added to the CIP to construct a 2,175' bike path along the east side of Harris Road to improve the safety of children who currently ride bikes on the road. The project will be funded by $29,234 of revenue from private contributions for Bikeway Improvements and by shifting $237,766 of city resources made available from unanticipated federal revenue. 10. Rudee Inlet Management Study + $450,000: added to the CIP to review and provide a broad range of alternatives, detailed engineering and environmental reviews of the leading alternatives and the development of design parameters and the appropriate NEPA document. Funding will be provided from a state grant for $325,000 and a $125,000 match from the City. The City's funding is available by shifting city resources made available from unanticipated federal revenue. 11. School Operating Budget and School Capital Improvement Program + $157,826: Added to the School Operating Fund for anticipated additional State revenues. In addition, $2,424,339 in resources available within the City/School Revenue Sharing Policy are shifted from the School Operating Fund to the Elementary School Modernization capital project to lower the proposed referendum and related tax rate increase. Within School Operating Fund resources, funds have been redirected from the Instruction category to the other three categories of expenditure to allow funding tied to 84 vacant positions which are not expected to be filled to be directed to other identified needs of the School system as follows: Administration, Attendance and Health +485,000 To re-establish an operating contingency within the School Operating Fund. Pupil Transportation +203,605 To provide additional resources for replacement buses and service vehicles. Operations and Maintenance +852,518 To provide for 46 additional custodians, as identified in the School Board's budget. c:\home\b;ll\cnciamd.b99 FY 1998-99 thru @ 2003-b4 Capital Improv ament Program Project t and T[Ue: 1.212 Elementary School Modernization Program CIP @on : Schools Business Area : Quality Eduration for Lifelong Learning Priority : A Total Total Budget Unappropriated Subsequent Years Future Programmed A propriauons Year -T Year 3 p I Year 2 Year 4 Yea Year 6 Funding Funds To Dgo FY 1998-99 FY 1999-00 ' FY 2000-01 I FY 2001-02 1 FY 2,rO Requirement 132,847,088 a 86.714,324 6,132,764i 4,000,0001 12.000,0001 12,0 0 Description and Scope This project is to renovate and modernize eighteen schools, contingent upon the successful passage of a proposed November 1998 referendum. In order to adequately manage construction projects this work will be undertaken in five phases, with oldest facilities being mgdemized first. Assuming approval of a voter referendum in 1998, construction of these schools would commence on the following schedule (schools are alphabetical within the year Number @n brackets corresponds to map)@ 1999: Bayside [21, Creeds (1], Shelton Park [31, Thalia [51 2000: Kempsville Meadows (4], Louise Luxford [7], Woodstock i6@ 2001: Kempsville (81, Malibu [9], Pembroke [101, Trantwoo,4. rl?; 2002: Arrowhead (141, Hermitage 131, Lynnhaven (1 lj 2003: Brookwood (161, Old Donation Center @181, Pembroke Meadows fl7l. Windsor Woods (151 The cost shown is an estimate. Final costs will be available upon study completion in May 1998. NOTE: This project Is effective November 6, 1998, upon referendum approval. Purpose and Need Without this project, modernization of the City's oldest elementary schools will not proceed in a timely manner. This work is needed to ensure children in older areas of the City have facilities appropriate for learning and consistent with the 1997-1998 prototypical school. History and Current Status Funds were provided in FY 1996-97 to study the improvements needed for 8 of the oldest elementary schools to meet current safety, building and program standards. City Council appropriated an additional $600,000 in September 1997 to expand the study to 18 elementary schools. Project 1-221 was a new project in the FY 1997-98/2002-03 CIP to allow for construction identified in the 8 modernization studies. In the FY 1998-99/2003-04 CIP, the scope was increased from 8 schools to 18 to include 7 from the initial study and the I 1 additional schools W.T. Cooke Elementary, one of the first 8 studied, was funded as a separate project (CIP 1-202) when it was determined a replacement school was more appropriate than modernization Operating Budgetary Impact Basis for Estimate FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Incremental maintenance and utility costs 0 706,232 1,235.906 1.942,138 2,648.370 Schedule of Activities Activity From - To Amounf- Inspections and Support 06/99-12/04 1.800,000 Design 01/99-12/04 5,600.000 Construction 06/99-12/04 104.119,634 Furniture and Fixtures 01/00-12/04 10,800,000 Contingencies 01/99-12/04 10,527,454 Total Budgetary Cost Estimate Total Non-Programmed Costs 0 Total Programmed Costs 132,847,088 Means of Financing Funding Source Amouni- 1998 School Referendum 76,700,000 1999 Charter Bonds 3,700,000 2000 Charter Bonds 4,000,000 2001 Charter Bonds 12,000,000 2002 Charter Bonds 12,000,000 2003 Charter Bonds 12,000,000 Fund Balance - FY 98 School Reversion 5,147,088 Operating Budget 2,424,339 State Contribution 4,875,661 Total Programmed Financing 1JZ,ti4t,0138 Future Funding Requirements 0 Fiscal Year 1998-1999 Schools FY 1998-99 thru @'Y 20034.14 Capital Improvement Program Project # and Title: 2.023 Harris Road Bike Path CIP@on: Roadways Busi,ness rea: Quality Physical Environment Priority Total Total udget Unappropriated Subsequent Years B Future Programmed Appropriations Year 1 Year 2 T Year 6 Funding Funds To Date FY 1998-99 FY 1999-00 1 FY 2003-04 Requirement 267,000 0 267,000 O@ ol ol 0 0 Description and Scope This project will construct a bike path along the east side of Harris Road from S apieford Chase to Eagle Nest Point, a distance of approximately 2,175 feet. Design will be completed tc@ @@ stage to ensure minimal impacts to the bike path with future roadway improvements. Purpose and Need A bike path exists along the east side of Harris Road from Little Neck Road to Stapieford Chase. This project will extend the bike path to Eagle Nest Point, a total bike path distance of apg)roximately 4 800 feet The bike path extension will increase safety along Harris Road for cyclists and pedestrians History and Current Status This is a new project in the FY 98-99 CIP Operating Budgetary Impact Basis for Estimate FY 1998-99 FY 1999-00 FY 2000-" FY 2001-02 FY 2002-03 FY 2003-04 0 1) 0 Schedule of Activities Means of Financing Activity From - To Amount Funding Source AmouWt- inspections and Support 7/98-01/00 37 500 Operating Budget 237,766 Design 07/98-03/99 80,000 Private Contribution 29.234 Construction 06/99-09/99 93,000 Total Programmed Financing Landscaping 10/99-01/00 20,000 Future Funding Requirements 0 Contingencies 07/98-01/00 36,500 Total Budgetary Cost Estimate Total Non-Programmed Costs 0 Total Programmed Costs 267,000 Fiscal Year 1998.1999 Roadways FY 1998-99 thru FY 2003-04 Capital Improvement Program Project# and Title: file Mosquito Site Acquisition CIP @on: Buildings Business Area uality Physical Environment Priority Budget Future a I ons Ye r I Y;,, 2 Funding Onto FY 1998-99 FY 1999-00 f R*quirwnent - 330,000 oi - ol 0 Descrfpt acquisition of a 1.2 acre parcel in the Kempsville ba ough and to remove any existing structures, as needed, The parcel is northeast of the Princess Anne Road- Witchduck Road intersection on Herrick Road. The portrayed herein Kempsville Fire Station No.9 Possibie ftiturp improvements to the site are beyond the Purpose and Need The City has leased this property for many years and used it for the Kempsville Mosquito Control Commission operations. The site is no longer used for mosquito operations. The City wants to purchase the property to use for future City operations. History ant ew project Operating Budgetary Impact &sis or Estimate FY 1998-99 FY FY 2001-02 FY 2002 3 FY 200 -04 0 0 0 Schedule of Activiti Ctivity From Site Acqui it on 07/91 Construction 09/9@ Contingencies 07/91 Total Budgetary Cost Estimate Total Non-Programmed Costs Total Programmed Costs means of financing Funding Source Amount Fund Bala ce - FY 98 330.000 Total Programmed Financing Future Funding Requirements 0 Year 1998 Buildings FY 1998-99 thru FY 2003-n4 Capital Improvement Program P@ 0 and TiUe: 3-117 Fortner SPCA Site Acquisitior CIP S*Won: Buudngs Business Area : Quality Physical Environment Priority Total Total Budget Unappropriated Subsequent Years Future Programmed Appropriations Year I Year 2 1 Year 3 Year 4 r 6 Funding Funds TO Daft FY 1998-99 FY i999-00 @ FY 2000-0 FY 2001- 2003-04 Requirement 635,000 0 635.000 @O O+ 0 Description and Scope This p@ is for acquisition of a 2.882 acre parcel in the Pincess Anne borough and to remove any existing structures, as needed, for security reasons. The site is the former SPCA 5ite located it the intersection of General Booth Boulevard and Ruffian Road. Purpose and Need The purchase of this site will ensure that future development at this location will conform to General Boott Boulevar a designation as a controlled access highway. The Virginia Department of Transportation project (First Colonial, Phase 111, CIP 2-833)-was designed to eliminate the present merge at General Booth Boulevard and Oceana Boulevard; purchase of this property ensures land usage that will not introduce additional roadway entrances and traffic merges/weaves in this area, History and Current Status New pmject. OperaUng Budgetary Impact Basis for Estimate FY 1998-99 FY 1999-00 FY 2090-01 FY 2001-02 FY 2002-03 FY 2003@ 0 0 Schedule of Activities Activity From - To Amount Site Acquisition 5/98-08/99 610,000 Construction 08/98-11/99 25,000 Total Budgetary Cost Estimate b3b,um Total Non-Programmed Costs 0 Total Programmed Costs 635,000 Means of Financing Funding Source Amount Fund Balance - FY 98 635.000 Total Programmed Financing Future Funding Requirements 0 Fiscal Year 1998.1999 Buildings I FY 1998-99 thru FY 2003-04 Capital Improvement Program PROJ@ 0 and Title: 4.003 Bow Crook Neighborhood Park : Parke and Recreation Business Area : Cultural & Recreational Opportunities 1priority: Total Total Budget Unappropriated subsequent Years Future Proo mmed Appropriations Year I Year 2 Year 3 1 Year 4 Year 5 6 Funding Funds To Date FY 1998-99 FY 1999-00 FY 2000-W 1 Fy 2001-02 FY 2002-03 FYY2'O'Or3-04 Requirement 1788.000 "1000 1,689,000 ol 01 0 1 0 Description and Scope uisition of approximately five additional acres adjacent to the Bow Creek Recreation Center, demolition of the buildings and paving on the squired property and improvements. Improvements being considered are: additional parking; improved vehicular and pedestrian access including a separate golf course access drive; drainage and grading; development of a neighborhood park; and plant buffering of the adjacent neighborhood. Some of the cost of these improvements will be reflected n project # 4-950 Neighborhood Park Development and project # 4-959 Golf Course Infrastructure and Equipment (On-Going). Purpose and Need 3 project will not only address improved access and interior traffic circulation to the existing recreation center and golf course, will also address neighborhood open space needs This site is in the Holland Planning Area, which is in critical need for dditional open space and recreation amentities History and Current Status redintheFY97-98CapitalimprovementProgramasSowCreekRecreationCenterAcquisitionStudy A mpleted for the project in November 1997 and additional funding is included to acquire the Bow Creek el and demolish the existing structure. The name of the project was changed to reflect the increased scope. Operating Budgetary Impact Basis for Estimate FY 1998-99 FY FY 2001-02 FY 20 -03 FY 2003-04 on-Applicable r) 0 0 0 Schedule of Activities Activity from - 10 mount Inspections and Support 08/97-08/00 20,000 Design 08/97-08/99 129,000 Site Acquisition 08/98-08/99 1,300,000 Construction 11/99-08/00 299,000 Contingencies 08/97-08/00 40,000 Total Budgetary Cost Estimate Total Non-Programmed Costs 0 Total Programmed Costs 1,788,000 Means of Financing Funding Source Amount 998 Charter Bonds 1,689.000 Fund Balance - Parks and Recreation 99,000 Total Programmed Financing Future Funding Requirements 0 Gc caf Year 1998.1 999 I Parks and Recreation FY 1998-99 thru FY 20034,14 Capital Improvement Program Project 0 and Title: 8-077 Citywlde Sand Replenishment Project CIP @n : Coastal Business Area : Cultural & Recreational Opportunities Priority: Total Total Budget Unappropriated Subsequent Years - Future Programmed Appropriations Year I Year 2 3 Year 4 Year 5 Year 6 Funding Funds TO Date FY 1998-99 FY 199"0 1 FYY'2',ar 0.0 @ Fy 2001-02 1 Fy 2002-03 1 FY 2003-04 Requirement 12,742,551 6,000,407 1,350,000 1,390,5001 1,432@2151 830,4661 856,2101 882,753 0 Description and Scope This project provides funding for the replenishment of various public beaches, including the annual Resort Beach Restoration and Maintenance project. Funding is programmed to continue the annual "tru(,k-haul" activities until such time as the completion of the Beach Erosion and Hurricane Protection project 9-704 , in accordance with the agreement between the city and the Army Corps. Beginning at that point (FY 2001/02), this project provides for the iity share of the long-term replenishment program under the City/ Army Corps of Engineers Agreement. The replenishment program for the Beach Erosion Control and Hurricane Protection project is anticipated to be performed on a three-year cycle. involving approximately I million cubic yards of sand mined from an offshore borrow site, and will be cost shared at 65% federal/35% City with the Army Corps of Engineers acting as the contracting agent. Purpose and Need The replenishment of various beachfronts has been established by City Council as a priority. Through this project, the city's beaches are enhanced and maintained for their recreational, economic and protective benefits. History and Current Status This project first appeared in the 1987-88 CIP at an estimated cost of $2,000,000. In the 1993-94 Operating Budget, the annual truck haul was transferred to the CIP and added to the scope of this project. In April, 1995, Council approved the transfer of $400,000 from this project in order to fund the Ocean Park Beach Sand Replenishment project 2-998. In the 1996-97 CIP $250,000 from this project was transferred to Rudee Inlet Dredging project 8-830 to fund the replacement of the sand trap timber wier. Starting in FY 2002, funding in the project will be accumulated to fund the City's portion of beach replenishment associated with the completion of the Beach Erosion and Hurricane Protection Project Operating Budgetary Impact Basis for Estimate FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Non-Appficable 0 0 0 0 6 Schedule of Activities Means of Financing Activity From - To Amount Funding Source Amount Inspections and Support 07/95-06/04 340 000 Army Corps of Engineers 6,253,405 Construction 07/87-06/04 17,174,348 Fund Balance - FY 98 276,879 Total Budgetary Cost Estimate Operating Budget 3,642,838 Total Non-Programmed Costs 4,771.797 TGIF - Pay-As-You-Go 2,569,429 Total Programmed Costs 12,742,551 Total Programmed Financing 1 Future Funding Requirements 0 Fiscal Year 1998-1999 1 Coastal 33 - Item IV-J.4a(1) ORDINANCES ITEM # 43542 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED, AS AMENDED with ATTACHMENT A*: FY 1998-1999 OPERATING BUDGET APPROPRIATIONS Ordinance to APPROPRIATE for the Fiscal Year beginning July 1, 1998, and ending June 30, 1999, in the sum of One Billion, Nine Million, Six Hundred Forty-eight Thousand, Sixty Dollars) ($1,009,648,060) for Operations and Three Hundred Forty-three Million, Seven Hundred Forty-two Thousand, Nine Hundred Forty-eight Dollars ($343,742,948) in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn (,'ouneil Members Voting Nay. None ('ou?icil Members Absent.- None May 12, 1998 1 ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1, 1998 AND ENDING JUNE 30, 1999 IN 3 THE SUM OF $1,009,648,060 FOR OPERATIONS AND 4 $343,742,948 IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AS 6 AMENDED WHEREAS, the City Manager has heretofore submitted an B Annual Budget for the city for the fiscal year beginning July 1, 9 1998, and ending June 30, 1999, and it is necessary to appropriate 10 sufficient funds to cover said budget. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 Section 1. That the amounts named aggregating ONE 14 BILLION, THREE HUNDRED FIFTY-THREE MILLION, THREE HUNDRED NINETY- 15 ONE THOUSAND, EIGHT DOLLARS ($1,353,391,008) consisting of THREE 16 HUNDRED FORTY-THREE MILLION, SEVEN HUNDRED FORTY-TWO THOUSAND, NINE 17 HUNDRED FORTY-EIGHT DOLLARS ($343,742,948) in interfund transfers 18 and ONE BILLION, NINE MILLION, SIX HUNDRED FORTY-EIGHT THOUSAND, 19 SIXTY DOLLARS ($1,009,648,060) for operating or so much thereof as 2(@ may be necessary as set forth in the Annual Budget for the fiscal 21 year 1998-1999, are hereby appropriated subject to the conditions 22 hereinafter set forth, for the fiscal year 1998-1999, for the use 23 of the several departments and specially designated funds of the 24 city government, and for the purposes hereinafter mentioned, as set 25 forth in said Annual Budget, which is hereby incorporated by 26 reference, for the fiscal year beginning July 1, 1998, and ending 27 June 30, 1999, and a summary of which is attached to this ordinance 28 as "Attachment A - Appropriations." 29 Section 2. That in accordance with Section 5.04 of the 30 City Charter, Estimated Revenue in support of Appropriations is set 31 forth in said Annual Budget which was previously incorporated by @2 reference; a summary of Estimated Revenue in Support of @3 Appropriations is attached to this ordinance as "Attachment B - 34 Revenues." 35 Section 3. With the exception of the School Operating 36 Fund, and the Sheriff's Special Revenue Fund, the total of full- 3-7 time permanent positions shall be the maximum of positions 38 authorized for the various departments of the city during the 39 fiscal year except changes or additions authorized by the Council 40 and as hereinafter provided. The City Manager may from time to 41 time increase or decrease the number of part-time positions 42 provided the aggregate amount expended for such services shall not 43 exceed the respective appropriations made therefor. The City 44 Manager is further authorized to make such rearrangements of 45 positions within and between the departments as may best meet the 46 needs and interests of the city. 47 Section 4. All current and delinquent collections of 48 local taxes shall be credited to the General Fund and, where 49 appropriate, the Sandbridge Special Service District Special 50 Revenue Fund of the city. Transfers shall be made from the General 51 Fund to the respective specially designated funds to which a levy 52 is made in the respective amount of collection for each specially 53 designated fund. 54 Section 5. All balances of the appropriations payable 55 out of each fund of the City Treasury at the close of business for 56 the fiscal year ending on the thirtieth day of June, 1999, except, 5-11 as otherwise provided for, are hereby declared to be lapsed into 58 the fund balance of the respective funds, except the School 59 Operating Fund which shall lapse into the General Fund Balance, and 60 may, be used for the payment of the appropriations which may be made 61 in the appropriation ordinance for the fiscal year beginning July 2 62 1, 1999. However, there shall be retained in the General Fund 63 Balance, an amount not less than the range of seventy-five (75) to 64 one hundred (100) percent of the budget for city and school debt 65 service payments for that fiscal year for contingencies and 66 emergency situations and not to be used to support appropriations 67 approved in the ordinance for the fiscal year beginning July 1, 68 1999, except upon subsequent authorization by City Council. 69 Section 6. All balances of appropriations in each fund '7C) which support authorized obligations or are encumbered at the close 71 of business for the fiscal year ending on the thirtieth day of 72 June, 1999, are hereby declared to be reappropriated into the 73 fiscal year beginning July 1, 1999, and estimated revenues adjusted 74 accordingly. '7 5 Section 7. No department or agency for which 76 appropriations are made under the provisions of this Ordinance 7 -7 shall exceed the amount of the appropriations except with the 78 consent and approval of the City Council first being obtained. It 79 is expressly provided that the restrictions with respect to the 80 expenditure of the funds appropriated shall apply only to the 8.L totals for each Appropriation Unit included in this ordinance and 82 does not apply to Interfund Transfers. 83 Section 8. The City Manager or the Director of 84 Management Services is hereby authorized to approve transfers of 85 appropriations in an amount up to $25,000 between any Appropriation 86 Units included in this ordinance. In addition, the City Manager 8'7 may transfer, in amounts necessary, appropriations from all 88 Reserves for Contingencies except Reserve for Contingencies - 89 Regular, within the intent of the Reserve as approved by City 90 Council. 3 91 The City Manager or the Director of Management Services 92 is hereby authorized to establish and administer budgeting within 9 3 Appropriation Units consistent with best management practices, 94 reporting requirements and the programs and services adopted by the 95 City Council. 96 Section 9. The City Manager or the Director of 97 Management Services is hereby authorized to change the Estimated 98 Revenues included in this ordinance to reflect expected 99 collections. If the Estimated Revenue in support of an Operating loo Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, subject to any -02 other provision of law, those appropriations to equal the decline 'LO3 in Estimated Revenue. The City Manager must give prior notice to L04 the City Council of any reduction to total appropriations exceeding L05 $25,000. The notice to City Council shall identify the basis and 106 amount of the appropriation reduction and the Appropriation Units @07 affected. The accounting records of the city will be maintained in L08 a manner that the total of Estimated Revenue is equal to the total @09 of the Appropriation Units for each of the city's funds. 10 The City Manager or the Director of Management Services @il is hereby authorized to transfer any excess appropriations to the 12 Reserve for Contingencies after all anticipated expenditures for L@ which those funds were appropriated have been incurred. -L4 Section 10. Nothing in this section shall be construed 15 as authorizing any reduction to be made in the amount appropriated iL6 in this ordinance for the payment of interest or principal on the I'L'7 bonded debt of the City Government. 4 118 Section 11. Allowances out of any of the appropriations 119 made in this ordinance by any or all of the city departments, 120 bureaus, or agencies, to any of their officers and employees for @21 expenses on account of the use by such officers and employees of @,22 their personal automobiles in the discharge of their official 12@ duties shall not exceed twenty-seven cents ($.27) per mile of L24 actual travel for the first 15,000 miles and eleven ($.ll) per mile :25 for additional miles of such use within the fiscal year. 26 Section 12. All traveling expense accounts shall be 12'7 submitted on forms approved by the Director of Finance and '@28 according to regulations approved by the City Council. Each i29 account shall show the dates expenses were incurred or paid; number ',30 of miles traveled; method of travel; hotel expenses; meals; and i3L incidental expenses. The Director of Finance is specifically @32 directed to withhold the issuance of checks in payment of expense @3-3 accounts submitted for "lump-sum" amounts. 34 Section 13. Violation of this ordinance may result in @35 disciplinary action by the City Manager against the person or persons responsible for the management of the Appropriation Unit in -3'7 which the violation occurred. @@38 Section 14. This ordinance shall be effective July 1, 139 1998. i 4 0 Section 15. If any part of this ordinance is for any 141 reason declared to be unconstitutional or invalid, such decision 1 4 2 shall not affect the validity of the remaining parts of this 143 ordinance. 144 Adopted by the Council of the City of Virginia Beach, 145 Virginia, on the 12TH day of May, 1998. s FY 1998-99 Budget 002 General Fund Agriculture 772,451 Arts and Humanities Commission 437,124 Benefits Administration 192,200 Board of Equalization 19,040 Circuit Court 731,652 City Attorney 2,232,821 City Clerk 342,708 City Manager 848,501 City Real Estate Assessor 1,911,442 City Treasurer 4,097,988 Clerk of the Circuit Court 579,051 Commissioner of the Revenue 3,775,401 Commanwealth's Attorney 3,862,057 Community Organization Grants 460,727 Contemporary Arts Center Grant 149,045 Convention and Visitor Development 4,269,111 Director of Finance 3,472,516 Economic Development 1,407,700 Emergency Medical Services 2,223,744 Employee Special Benefits 820,015 Fire 24,534,991 General District Court 287,542 General Registrar 705,847 General Services 22,551,419 Health 2,263,092 Housing and Neighborhood Prose"atio, 1,974,076 Human Resources 2,692,617 Independent Financial Services 72,200 Juvenile Probation 2,636,479 Juvenile and Domestic Relations District Court 125,756 Library 9,379,103 Magistrates 20,640 Management Services 1,663,870 Mass Transit Operations 1,477,865 Municipal Council 342,420 Museums 388,722 Planning and Community Development 6,925,765 Police 51,591,125 Public Information Office 669,569 Public Works 50,674,260 Regional Participation 1,152,390 Reserve for Contingencies 6,703,859 Revenue Reimbursements 1,946,956 Social Services 22,909,511 Transfer to Other Funds 316,718,413 Video Services 792,750 Virginia Beach Volunteer Council 39,148 Wetlands Board of Virginia Beach 13,138 Zoning Board of Appeals 37,878 Fund 002 Appropriation Totals 563,896,69i 115 School Operating Fund Administration, Attendance, and Health 14,950,501 Instruction 350,602,100 Operations and Maintenance 47,139,378 Pupil Transportation 17,556,899 Fund 115 Appropriation Totals 430,248,878 116 School Grants Fund Education - Grants 24,515,556 Fund 11 6 Appropriation Totals 24,515,556 117 School Textbook Fund Education - Textbook 6,645,503 Fund 117 Appropriation Totals 6,645,503 118 Grants Consolidated Fund Commonwealth's Attorney (DCJS - V-STOP) 37,511 Common"alth's Attorney (DCJS - Victim/Witness Grant) 184,457 Housing and Neighborhood Prose@ati,, 640,000 Housing and Neighborhood Prese@ation (Section 8 Housing) 490,931 Reserve for Contingencies Sheriff and Corrections (Pre-Trial Program) 107,718 164,624 Fund 118 Appropriation Totals 1625,241 FY 1998-99 Budget 119 School Athletic Special Revenue Fund Education - Athletic 1,213,745 Fund 119 Appropriation Totals 1,213,745 120 Federal Police Department Grant Fund Police (Uniform Patrol Grant) 2,797,340 Rese"e for Contingencies 46,402 Fund 120 Appropriation Totals 2,843,7Z2 130 Law Library Fund Library (Law Library) 293,566 Reseme for Contingencies 3,849 Transfer to Other Funds 60,000 Fund 130 Appropriation Totals 357,Zl-5 131 Pendleton Child Service Center Fund Reserve for Contingencies 26,099 Social Services (Pendleton Child Service Center) 1,127,028 Fund 131 Appropriation Totals 1,153,12i 134 Emergency E-911 Communications Special Revenue Fund Police (Communications) 5,542,116 Reserve for Contingencies 175,335 Transfer to Other Funds 631,484 Fund 134 Appropriation Totals 6,348,93i 135 Community Development Special Revenue Fund Housing and Neighborhood Preservation (Admin/Housing) 1,311,086 Reserve for Contingencies 58,766 Transfer to Other Funds 1,161,481 Fund 135 Appropriation Totals 2,531,33i 136 Community Corrections Special Revenue Fund Community Corrections 357,771 Reserve for Contingencies 8,106 Fund 136 Appropriation Totals 365,87i 137 MH/MR/SA Special Revenue Fund Mental Health/Mental Retardation/Substance Abuse 20,971,372 Reserve for Contingencies 268,273 Fund 137 Appropriation Totals 21,239,645 140 CD Loan and Grant Fund Housing and Neighborhood Preservation (Loans and Grants) 947,613 Fund 140 Appropriation Totals 947,615 141 Homeless Intervention Fund Social Services (Homeless Intervention) 168,700 Fund 141 Appropriation Totals 168,700 142 DEA Seized Property Special Revenue Fund Reserve for Contingencies 82,357 Transfer to Other Funds 259,800 Fund 142 Appropriation Totals 342,157 143 Access Channel Support Special Revenue Fund Video Services (Cable Access) 52,595 Fund 143 Appropriation Totals 52,59i 145 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation (Home Program) 1,040,800 Fund 145 Appropriation Totals 1,040,850 146 Police Airplane Special Revenue Fund Police (Airplane Enterprise) 441,039 Fund 146 Appropriation Totals 441,039 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation (Section 8) 470,952 Transfer to Other Funds 23,700 Fund 147 Appropriation Totals 494,652 FY 1998-99 Budget 148 Comprehensive Services Act Special Revenue Fund Comprehensive Services Act 6,158,870 Transfer to Other Funds 20,794 Fund 148 Appropriation Totals 6,179,664 149 Sheriffs Department Special Revenue Fd Reserve for Contingencies 41,054 Sheriff and Corrections 15,102,193 Fund 149 Appropriation Totals 15,143,24i 150 Inmate Services Special Revenue Fund Reserve for Contingencies 1,824 Sheriff and Corrections (Inmate Services) 278,793 Fund 150 Appropriation Totals 280,61i 151 Parks and Recreation Sg)ecial Revenue Fund General Services 1,904,075 Parks and Recreation 16,042,672 Reserve for Contingencies 147,822 Transfer to Other Funds 48,066 Fund 151 Appropriation Totals 18,142,63i 152 Tourism Growth Investment Fund Convention and Visitor Development (TGIF) 250,000 Museums 50,500 Planning and Community Development (TGIF) 296,041 Reserve for Contingencies 690,531 Transfer to Other Funds 9,138,022 Fund 152 Appropriation Totals 10,425,094 156 Police Store Special Revenue Fund Police 20,000 Fund 156 Appropriation Totals 20,006 157 Sandbridge Special Service District Special Revenue Fund Reserve for Contingencies 856,143 Fund 157 Appropriation Totals 856,14i 158 EMS State Two-for-Life Special Revenue Fund Emergency Medical Services 152,046 Fund 158 Appropriation Totals 152,0 159 Fire Programs Special Revenue Fund Fire (Fire Programs) 214,960 Transfer to Other Funds 332,510 Fund 159 Appropriation Totals 547,476 161 Agriculture Reserve Prouram Special Revenue Fund Agriculture (Agricultural Reserve Program) 235,041 Reserve for Contingencies 166,985 Transfer to Other Funds 2,871,804 Fund 161 Appropriation Totals 3,273,830 163 Tourism Advertising Prouram Special Revenue Fund Convention and Visitor Development (Tourism Advertising) 6,162,865 Reserve for Contingencies 4,803 Fund 163 Appropriation Totals 6,157,66i 241 Water and Sewer Fund Debt Service 12,464,395 Public Utilities 60,796,663 Reserve for Contingencies 958,986 Transfer to Other Funds 6,420,269 Fund 241 Appropriation Totals 80,60,31 243 Golf Courses Enterprise Fund Parks and Recreation (Golf Courses) 1,968,283 Reserve for Contingencies 43,386 Transfer to Other Funds 569,500 Fund 243 Appropriation Totals 2,581,169 250 School Cafeterias Enterprise Fund Education - Cafeteria 18,362,801 Fund 250 Appropriation Totals 18,362,801 FY 1998-99 Budget 251 Marine Science Museum Enterprise Fund Museums (Virginia Marine Science Museum) 5,967,380 Reserve for Contingencies 209,809 Fund 251 Appropriation Totals 6,177,186 253 Parking Enterprise Fund Public Works (Parking Systems Management) 1,514,836 Reserve for Contingencies 39,712 Transfer to Other Funds 114,969 Fund 253 Appropriation Totals 1,669,51i 255 Storm Water Utility Enterprise Fund Public Works (Storm Water Operations) 6,877,505 Reserve for Contingencies 155,440 Transfer to Other Funds 5,372,136 Fund 255 Appropriation Totals 12,405,081 302 General Debt Fund Debt Service 81,696,732 Fund 302 Appropriation Totals 81,696,732 491 Water and Sewer Operating Revenue Capital Projects Fund Water and Sewer Capital Projects 2,000,000 Fund 491 Appropriation Totals 2,000,006 492 Engineering & Highways General Revenue Cat)ital Proaects Fund Coastal Capital Projects 1,154,998 Economic and Tourism Development Capital Projects 2,401,574 Roadways Capital Projects 5,492,154 Fund 492 Appropriation Totals 9,048,7i6- 493 Resort Program Capital Prowect Fund Economic and Tourism Development Capital Projects 1,120,000 Fund 493 Appropriation Totals 1,120,006 495 School General Revenue Capital Pro*ects Fund School Capital Projects 2,424,339 Fund 495 Appropriation Totals 2,424,33@ 496 Parks and Recreation General Revenue Cal2ital Promects Fund Parks and Recreation Capital Projects 1,908,719 Fund 496 Appropriation Totals 1,908,71i 497 Buildings General Revenue Capital Promects Fund Building Capital Projects 1,814,760 Fund 497 Appropriation Totals 1,814,766 498 Storm Water Capital Promect Fund Storm Water Capital Projects 3,890,000 Fund 498 Appropriation Totals 3,890,006 Total Budget Appropriations 1,353,391,00i Less lnterfund Transfers 343,742,948 NET BUDGET APPROPRIATIONS 1,009,648,065 FY 1998-99 Budget 002 General Fund Revenue from Local Sources General Property Taxes 323,276,701 Other Local Taxes 156,381,608 Permits, Privilege Fees, and Regulatory Licenses 3,402,819 Fines and Forfeitures 4,131,835 From the Use of Money and Property 7,618,183 Charges for Services 5,003,966 Miscellaneous Revenue 796,550 Revenue from the Commonwealth 40,724,604 Revenue from the Federal Government 12,841,161 Transfers from Other Funds 5,719,268 Specific Fund Reserves 4,000,000 Fund 002 Revenue Totals 563,896,696 115 School Operating Fund Revenue from Local Sources From the Use of Money and Property 410,000 Charges for Services 1,416,804 Miscellaneous Revenue 158,000 Revenue from the Commonwealth 232,199,513 Revenue from the Federal Government 8,360,944 Transfers from Other Funds 187,703,617 Fund 115 Revenue Totals 430,248,878 116 School Grants Fund Revenue from Local Sources Miscellaneous Revenue 1,443,106 Revenue from the Commonwealth 6,674,050 Revenue from the Federal Government 16,398,400 Fund 116 Revenue Totals 24,515,556 117 School Textbook Fund Revenue from Local Sources From the Use of Money and Property 40,000 Charges for Services 7,000 Miscellaneous Revenue 19,000 Revenue from the Commonwealth 1,924,815 Transfers from Other Funds 4,000,000 Specific Fund Reserves 654,688 Fund 117 Revenue Totals 6,645,50i 118 Grants Consolidated Fund Revenue from the Commonwealth 449,081 Revenue from the Federal Government 1,028,549 Transfers from Other Funds 147,611 Fund 118 Revenue Totals 1,625,241 119 School Athletic Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 25,000 Charges for Services 368,500 Miscellaneous Revenue 751,487 Specific Fund Reserves 68,758 Fund 1 19 Revenue Totals 1,213,74i 120 Federal Police De[)artment Grant Fund Revenue from the Federal Government 1,598,949 Transfers from Other Funds 1,244,793 Fund 120 Revenue Totals 2,843,742 130 Law Libra!y Fund Revenue from Local Sources From the Use of Money and Property 34,815 Charges for Services 236,600 Specific Fund Reserves 86,000 Fund 130 Revenue Totals 357,415 131 Pendleton Child Service Center Fund Revenue from Local Sources From the Use of Money and Property 16,000 Miscellaneous Revenue 208,693 Revenue from the Commonwealth 510,000 Revenue from the Federal Government 10,500 Transfers from Other Funds 407,934 Fund 131 Revenue Totals 1,153,127 FY 1998-99 Budget 134 Emernency E-911 Communications Special Revenue Fund Revenue from Local Sources Other Local Taxes 5,135,920 From the Use of Money and Property ",775 Transfers from Other Funds 1,168,240 Fund 134 Revenue Totals 6,348,i35 135 Community Development Special Revenue Fund Revenue from the Federal Government 2,395,363 Transfers from Other Funds 135,970 Fund 135 Revenue Totals 2,531,33i 136 Community Corrections Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 2,639 Revenue from the Commonwealth 363,238 Fund 136 Revenue Totals 365,87i 137 MH/MR/SA Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 116,252 Charges for Services 1,572,439 Revenue from the Commonwealth 11,752,522 Revenue from the Federal Government 1,990,696 Transfers from Other Funds 5,807,736 Fund 137 Revenue Totals 21,239,645 140 CD Loan and Grant Fund Revenue from Local Sources From the Use of Money and Property 114,000 Revenue from the Federal Government 747,613 Non-Revenue Receipts 86,000 Fund 140 Revenue Totals 947,613 141 Homeless Intervention Fund Revenue from the Commonwealth 168,700 Fund 141 Revenue Totals 168,706 142 DEA Seized Property Special Revenue Fund Specific Fund Reserves 342,157 Fund 142 Revenue Totals 342,1 SY 143 Access Channel Support Special Revenue Fund Revenue from Local Sources Miscellaneous Revenue 52,595 Fund 143 Revenue Totals 52,59i 145 Federal Housina Assistance Grant Fund Revenue from the Federal Government 1,025,188 Non-Revenue Receipts 15,612 Fund 145 Revenue Totals 1,040,806 146 Police Airplane Special Revenue Fund Revenue from Local Sources Charges for Services 36,250 Revenue from the Commonwealth 358,179 Revenue from the Federal Government 46,610 Fund 146 Revenue Totals 441,03i 147 Federal Section 8 Program Special Revenue Fund Revenue from the Federal Government 494,652 Fund 147 Revenue Totals 494,652 148 Comprehensive Services Act Special Revenue Fund Revenue from Local Sources Miscellaneous Revenue 141,210 Revenue from the Commonwealth 3,849,952 Revenue from the Federal Government 187,713 Transfers from Other Funds 2,000,789 Fund 148 Revenue Totals 6,179,664 149 Sheriff's Department Special Revenue Fd Revenue from Local Sources Charges for Services 588,794 Miscellaneous Revenue 54,750 Revenue from the Commonwealth 10,474,618 Revenue from the Federal Government 417,560 Transfers from Other Funds 3,607,525 Fund 149 Revenue Totals 15,143,2Z7 FY 1998-99 Budget 150 Inmate Services Special Revenue Fund Revenue from Local Sources Charges for Services 280,617 Fund 150 Revenue Totals 280,il-7 151 Parks and Recreation Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 580,525 Charges for Services 6,448,302 Revenue from the Federal Government 6,900 Transfers from Other Funds 10,907,369 Specific Fund Reserves 199,539 Fund 151 Revenue Totals 18,142,635 152 Tourism Growth Investment Fund Revenue from Local Sources From the Use of Money and Property 220,653 Transfers from Other Funds 10,204,441 Fund 152 Revenue Totals 10,426,59-4 156 Police Store Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 20,000 Fund 156 Revenue Totals 20,005 157 Sandbridge Special Service District Special Revenue Fund Revenue from Local Sources General Property Taxes 256,006 Other Local Taxes 359,090 From the Use of Money and Property 18,000 Transfers from Other Funds 223,047 Fund 157 Revenue Totals 856,143 158 EMS State Two-for-Life Special Revenue Fund Revenue from the Commonwealth 152,046 Fund 158 Revenue Totals 152,Oii 159 Fire Proarams Special Revenue Fund Revenue from the Commonwealth 547,470 Fund 159 Revenue Totals 547,470 161 Auriculture Reserve Progra n Special Revenue Fund Transfers from Other Funds 3,273,830 Fund 161 Revenue Totals 3,273,830 163 Tourism Ad tertising Program Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 13,500 Charges for Services 10,400 Miscellaneous Revenue 45,000 Transfers from Other Funds 6,088,768 Fund 163 Revenue Totals 6,157,668 241 Water nd Sewer Fund Revenue from Local Sources From the Use of Money and Property 3,627,997 Charges for Services 70,326,314 Miscellaneous Revenue 228,840 Non-Revenue Receipts 6,382,162 Specific Fund Reserves 75,000 Fund 241 Revenue Totals 80,"O,313 243 Golf Courses Enterprise Fund Revenue from Local Sources From the Use of Money and Property 100,800 Charges for Services 2,480,369 Fund 243 Revenue Totals 2,581,169 250 School Cafeterias Enter rise Fund Revenue from Local Sources From the Use of Money and Property 100,000 Charges for Services 10,263,801 Miscellaneous Revenue 100,000 Revenue from the Commonwealth 375,000 Revenue from the Federal Government 7,524,000 Fund 250 Revenue Totals 8,362,801 py 19 Budget 251 Marine Science Museum Enterprise Fund Revenue from Local Sources From the Use of Money and Property 79,005 Charges for Services 5,578,184 Revenue from the Commonwealth 400,000 Transfers from Other Funds 120,000 Fund 251 Revenue Totals 6,177,18i 253 Parking Enterprise Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses 18,000 From the Use of Money and Property 18,517 Charges for Services 1,533,000 Transfers from Other Funds 100,000 Fund 253 Revenue Totals 1,669,51i 255 Storm Water Utilily Enterr)rise Fund Revenue from Local Sources From the Use of Money and Property 350,000 Charges for Services 8,942,400 Revenue from the Commonwealth 2,867,681 Specific Fund Reserves 245,000 Fund 255 Revenue Totals 12,405,081 302 General Debt Fund Transfers from Other Funds 78,675,466 Capital Project Reserves 3,021,266 Fund 302 Revenue Totals 81,696,73@ 491 Water and Sewer Og)erating Revenue Capital Promects Fund Transfers from Other Funds 2,000,000 Fund 491 Revenue Totals 2,000,006 492 Engineering & Highways General Revenue Capital Promects Fund Transfers from Other Funds 9,048,726 Fund 492 Revenue Totals 9,048,72i 493 Resort Prouram Capital Promect Fund Transfers from Other Funds 1,120,000 Fund 493 Revenue Totals 1,120,006 495 School General Revenue Cag)ital Promects Fund Transfers from Other Funds 2,424,339 Fund 495 Revenue Totals 2,424,33i 496 Parks and Recreation General Revenue Capital Promects Fund Transfers from Other Funds 1,908,719 Fund 496 Revenue Totals 1,908,719 497 Buildings General Revenue Capital Progects Fund Transfers from Other Funds 1,814,760 Fund 497 Revenue Totals 1,814,766 498 Storm Water Capital Promect Fund Transfers from Other Funds 3,890,000 Fund 498 Revenue Totals 3,890,000 Total Budget Revenues 1,353,391,00i Less lnterfund Transfers 343,742,948 NET BUDGET REVENUES 1,009,648,060 34 - Item IV-J.4a(2) ORDINANCES ITEM # 43543 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: FY 1998-1999 OPERATING BUDGET APPROPRIATIONS Ordinance to establish the Tax Levy on Real Estate for Fiscal Year 1999 at One Dollar and Twenty-two Cents ($1.22) on each One Hundred Dollars ($100) of assessed valuation. Voting: 11-0 (council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent. None May 12,1998 I AN ORDINANCE ESTABLISHING THE TAX LEVY ON 2 REAL ESTATE FOR TAX FISCAL YEAR 1999 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 Section 1. AMOUNT OF LEVY ON REAL ESTATE. 6 There shall be levied and collected for fiscal year 1999 taxes 7 for general purposes on all real estate, including all separate 8 classifications of real estate set forth in the Code of Virginia, 9 not exempt from taxation and not otherwise provided for in this io ordinance, at the rate of one dollar twenty-two cents ($1.22) on 11 each one hundred dollars ($100) of assessed valuation thereof. The 12 real property tax rates which have been prescribed in this section 13 shall be applied on the basis of one hundred percentum of the fair 14 market value of such real property, except for public service real 15 property, which shall be on the basis as provided in Section 58.1 16 2604 of the Code of Virginia. 17 Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL 18 EQUIPMENT AND FACILITIES" CLASSIFIED AS REAL 19 ESTATE, "CERTIFIED STORMWATER MANAGEMENT 20 DEVELOPMENTS AND PROPERTY," "CERTIFIED SOLAR ENERGY 21 RECYCLING EOUIPMENT, FACILITIES OR DEVICES" 22 CLASSIFIED AS REAL ESTATE, AND "ENVIRONMENTAL 23 RESTORATION SITES.' 24 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1- 25 3661, and 58.1-3664 of the Code of Virginia, there shall be levied 26 and collected for general purposes for fiscal year 1999, taxes on 27 all real estate (a) certified by the Commonwealth of Virginia as 28 "Certified Pollution Control Equipment and Facilities," (b) 29 certified by the Department of Environmental Quality as "Certified 30 Stormwater Management Developments and Property," (c) certified as 31 Provided by Code of Virginia Section 58.1-3661 as "Certified Solar 32 Energy Eauipment, Facilities or Devices," or "Certified Recycling 33 Equipment, Facilities or Devices,' or (d) defined by Code of 34 Virginia Section 58.1-3664 as an "Environmental Restoration Site" 35 not. exempt from taxation, at a rate of one dollar twenty-two cents 36 ($1.22) on each one hundred dollars of assessed valuation thereof. 37 The real property tax rates imposed in this section shall be 38 applied on the basis of one hundred percentum of fair market value 39 of such real property except for public service property, which 40 shall be on the basis as provided in Section 58.1-2604 of the Code 4 1 of Virginia. 42 Section 3. AMOUNT OF LEVY ON REAL ESTATE WITHIN THE 43 SANDBRIDGE SPECIAL SERVICE DISTRICT 44 There shall be levied and collected for fiscal year 1999, 45 taxes for the special purpose of providing beach and shoreline 46 restoration and management at Sandbridge on all real estate within 47 the Sandbridge Special Service District, not exempt from taxation, 48 at the rate of twelve cents ($.12) per annum on each one hundred 49 dollars ($100) of assessed value thereof. This real estate tax 50 rate shall be in addition to the real estate tax rate set forth in 51 Section 1 of this ordinance. The real estate tax rate imposed 52 herein shall be applied on the basis on one hundred percentum of 53 the fair market value of such real property except public service 54 real property, which shall be on the basis as provided in Section 55 58.1-2604 of the Code of Virginia. 56 Section 4. SEVERABILITY. 57 If any portion of this ordinance is for any reason declared to 58 be unconstitutional or invalid, such decision shall not affect the 59 validity of the remaining portions of this ordinance. 60 Section 5. EFFECTIVE DATE. 6i This ordinance shall be effective on July 1, 1998. 62 Requires an affirmative vote by a majority of members of City 63 Council. 64 Adopted by the Council of the City of Virginia Reach, 65 Virginia, on 12th day May, 1998. 66 CA-6979 67 ODIN\DATA\NUANCED\RE-TAX.ORD 68 R-2 69 APRIL 23, 1998 70 APPROVED AS TO CONTENT: 71 72 Management Services 73 APPROVED AS TO LEGAL 74 SUFFICIENCY: 75 76 Department of Law 35 - Item IV-J.4a(3) ORDINANCES ITEM # 43544 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED FY 1998-1999 OPERATING BUDGET APPROPRIATIONS Ordinance to establish the Tax Levy on Personal Property for the Calendar Year 1999 at Three Dollars and Seventy Cents ($3.70) on each One Hundred Dollars ($100) of assessed valuation; and, One Dollar ($1.00) on each One Hundred Dollars ($100) of assessed valuation on Machinery and Tools. Voting. 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay. None Council Members Absent. None May 12, 1998 I AN ORDINANCE ESTABLISHING THE TAX LEVY 2 ON PERSONAL PROPERTY AND MACHINERY AND TOOLS 3 FOR THE CALENDAR YEAR 1999. 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL 7 PROPERTY. 8 In accordance with Chapter 35 of Title 58.1 of the Code 9 of Virginia, there shall be levied and collected for general 10 purposes for the calendar year 1999 taxes on all tangible 11 personal property, including all separate classifications of 12 personal property set forth in the Code of Virginia, not 13 exempt from taxation and not otherwise provided for in this 14 ordinance, at the rate of three dollars and seventy cents 15 ($3.70) on each one hundred dollars ($100) assessed valuation 16 thereof. 17 In accordance with Section 58.1-3504 of the Code of 18 Virginia (1950) , as amended, certain household goods and 19 personal effects as defined therein shall be exempt from 20 taxation. 21 Section 2. AMOUNT OF LEVY ON MANUFACTURED 22 HOMES. 23 In accordance with Section 58.1-3506 (A)(8) of the Code 24 of Virginia, there shall be levied and collected for general, 25 purposes for the calendar year 1999 taxes on all vehicles 26 without motor power used or designated to be used as 27 manufactured homes as defined by Section 36-85.3 of the Code 28 of Virginia, at the rate of one dollar twenty-two cents 29 ($1.22) on each one hundred dollars ($100) of assessed 30 valuation thereof. 31 Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT 32 WEIGHING FIVE TONS OR MORE. 33 In accordance with Section 58.1-3506 (A)(1) of the Code 34 of Virginia, there shall be levied and collected for general 35 purposes for the calendar year 1999 taxes on all boats or 36 watercraft weighing five (5) tons or more at the rate of one 37 dollar and fifty cents ($1.50) on each one hundred dollars 38 ($100) of assessed valuation thereof. 39 Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION 40 CONTROL EQUIPMENT AND FACILITIES," AND 41 "CERTIFIED SOLAR ENERGY OR RECYCLING 42 EOUIPMENT, FACILITIES OR DEVICES," 43 CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. 44 In accordance with Sections 58.1-3660 (A) and 58.1-3661 45 of the Code of Virginia, there shall be levied and collected 46 for general purposes for the calendar year 1999 taxes on all 47 tangible personal property (a) certified by the Commonwealth 48 of Virginia as "Certified Pollution Control Equipment and 49 Facilities," or (b) certified as Provided by Code of Virginia 50 Section 58.1-3661 as "Certified Solar Enercry or RecvclinQ 51 Eauipment, Facilities or Devices," not exempt from taxation, 52 at the rate of three dollars and seventy cents ($3.70) on each 53 one hundred dollars ($100)) of assessed valuation thereof. 54 Section 5. AMOUNT OF LEVY ON MACHINERY AND TOOLS. 55 In accordance with Section 58.1-3507 of the Code of 56 Virginia, there shall be levied and collected for general 57 purposes for the calendar year 1999 taxes on machinery and 58 tools, including machinery and tools used directly in the 59 harvesting of forest products or semiconductor manufacturing, 60 not exempt from taxation, at the rate of one dollar ($l) on 61 each one hundred dollars ($100) of assessed valuation thereof. 2 62 Section 6. AMOUNT OF LEVY ON AIRCRAFT AND FLIGHT 63 SIMULATORS. 64 In accordance with Section 58.1-3506 (A)(2,3) of the Code 65 of Virginia, there shall be levied and collected for general 66 purposes for the calendar year 1999 taxes on all aircraft and 67 flight simulators at the rate of three dollars and seventy 68 cents ($3.70) on each one hundred dollars ($100) of assessed 69 valuation thereof. 70 Section 7. AMOUNT OF LEVY ON ANTIQUE MOTOR VEHICLES. 71 In accordance with Section 58.1-3506 (A)(4) of the Code 72 of Virginia, there shall be levied and collected for general 73 purposes for the calendar year 1999 taxes on all antique motor 74 vehicles as defined in Section 46.2-100 of the Code of 75 Virginia, which may be used for general transportation 76 purposes as provided in subsection C of Section 46.2-730 of 77 the Code of Virginia, at the rate of three dollars and seventy 78 cents ($3.70) on each one hundred dollars ($100) of assessed 79 valuation thereof. 80 Section 8. AMOUNT OF LEVY ON HEAVY CONSTRUCTION 81 EQUIPMENT. 82 In accordance with Section 58.1-3506 (A)(6) of the Code 83 of Virginia, there shall be levied and collected for general 84 purposes for the calendar year 1999 taxes on all heavy 85 construction equipment at the rate of three dollars and 86 seventy cents ($3.70) on each one hundred dollars ($100) of 87 assessed valuation thereof. 88 Section 9. AMOUNT OF LEVY ON RESEARCH AND 89 DEVELOPMENT BUSINESS TANGIBLE PERSONAL 90 PROPERTY 91 In accordance with Section 58.1-3506 (A)(5) of the Code 92 of Virginia, there shall be levied and collected for general 3 93 purposes for the calendar year 1999 taxes on all research and 94 development tangible personal property, not exempt from 95 taxation, at the rate of one dollar ($I) on each one hundred 96 dollars ($100) of assessed valuation thereof. 97 Section 10. AMOUNT OF LEVY ON ENERGY CONVERSION 98 EQUIPMENT. 99 In accordance with Section 58.1-3506 (A)(7) of the Code 100 of Virginia, there shall be levied and collected for general 101 purposes for the calendar year 1999 taxes on all energy 102 conversion equipment at the rate of one dollar ($I) on each 103 one hundred dollars ($100) of assessed valuation thereof. 104 Section 11. AMOUNT OF LEVY ON CERTAIN COMPUTER 105 HARDWARE. 106 In accordance with Section 58.1-3506 (A)(9) of the Code 107 of Virginia, there shall be levied and collected for general 108 purposes for the calendar year 1999 taxes on all computer 109 hardware used by businesses primarily engaged in providing 110 data processing services to other nonrelated or nonaffiliated @ll businesses, not exempt from taxation, at the rate of three 112 dollars and seventy cents ($3.70) on each one hundred dollars 113 ($100) of assessed valuation thereof. 114 Section 12. AMOUNT OF LEVY ON PRIVATELY OWNED @ 15 PLEASURE BOATS AND WATERCRAFT USED FOR 116 RECREATIONAL PURPOSES ONLY. 117 In accordance with Section 58.1-3506 (A)(10) of the Code of Virginia, there shall be levied and collected for general 119 purposes for the calendar year 1999 taxes on all privately 120 owned pleasure boats and watercraft used for recreational 121 purposes only, at the rate of one dollar and fifty cents 122 ($1.50) on each one hundred dollars ($100) of assessed 423 valuation thereof. 4 124 Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED CAMPING 125 TRAILERS AND MOTOR HOMES USED FOR 126 RECREATIONAL PURPOSES ONLY. 127 In accordance with Section 58.1-3506 (A)(16) of the Code 128 of Virginia, there shall be levied and collected for general 129 purposes for the calendar year 1999 taxes on all privately 130 owned camping trailers and motor homes as defined in Section 131 46.2-100 of the Code of Virginia, which are used for 132 recreational purposes only, at the rate of one dollar and !33 fifty cents ($1.50) on each one hundred dollars ($100) of 134 assessed valuation thereof. 135 Section 14. AMOUNT OF LEVY ON ONE MOTOR VEHICLE OWNED 136 AND REGULARLY USED BY A DISABLED VETERAN. 137 In accordance with Section 58.1-3506(A) (17) of the Code 138 of Virginia, there shall be a reduced tax levy rate of one 139 dollar and fifty cents ($1.50) on each one hundred dollars 140 ($100) of assessed valuation on one (1) motor vehicle owned 141 and regularly used by a veteran who has either lost, or lost 142 the use of, one or both legs, or an arm or a hand, or who is 143 blind, or who is permanently and totally disabled as certified 144 by the Department of Veterans' Affairs. Any motor vehicles in 145 addition to the one (1) so taxed shall not qualify for the 146 taxation at the rate established herein, and shall be taxed at 147 the rate or rates applicable to that class of property. In 148 order to qualify, the veteran shall provide a written 149 statement to the Commissioner of the Revenue from the 150 Department of Veterans' Affairs that the veteran has been so 151 designated or classified by the Department of Veterans@ 152 Affairs as to meet the requirements of Section 58.1-3506(A) 5 153 (17) , and that his or her disability is service connected. 154 For purposes of this ordinance, a person is blind if he or she 155 meets the provisions of Section 46.2-739 of the Code of 156 Virginia. 157 Section 15. AMOUNT OF LEVY ON MOTOR VEHICLES, 158 TRAILERS AND SEMITRAILERS WITH A GROSS 159 VEHICLE WEIGHT OF 10,000 POUNDS OR MORE. 160 In accordance with Section 58.1-3506 (A)(23) of the Code 161 of Virginia, there shall be levied and collected for general 162 purposes for the calendar year 1999 taxes on all motor 163 vehicles, trailers and semitrailers with a gross vehicle 164 weight of 10,000 pounds or more used to transport property for 165 hire by a motor carrier engaged in interstate commerce at the 166 rate of one dollar ($I) on each one hundred dollars ($100) of 167 assessed valuation thereof. 168 Section 16. AMOUNT OF LEVY ON A MOTOR VEHICLE OWNED 169 AND USED PRIMARILY BY OR FOR SOMEONE AT 170 LEAST SIXTY-FIVE YEARS OF AGE OR ANYONE 171 FOUND TO BE PERMANENTLY AND TOTALLY 172 DISABLED. '73 (a) In accordance with Sections 58.1-3506.1 et seg. of 174 the Code of Virginia, there shall be a reduced tax levy rate 175 of three dollars ($3.00) on each one hundred dollars ($100.00) 176 of assessed valuation on one (1) motor vehicle owned and used '77 primarily by or for anyone at least sixty-five years of age or 178 anyone found to be permanently and totally disabled, as 179 defined in Section 58.1.-3506.3 of the Code of Virginia, 180 subject to the following conditions: 181 1. The total combined income received, excluding 182 the first $7,500 of income, from all sources during calendar 183 year 1998 by the owner of the motor vehicle shall not exceed 184 twenty-two thousand dollars ($22,000). 6 185 2. The ownex's net financial worth, including the 186 present value of all equitable interests, as of December 31 of 187 calendar year 1998, excluding the value of the principal 188 residence and the land, not exceeding one (1) acre, upon which 189 it is situated, shall not exceed seventy thousand dollars 190 ($70,000). 191 3. All income and net worth limitations shall be 192 computed by aggregating the income and assets, as the case may 193 be, of a husband and wife who reside in the same dwelling and 194 shall be applied to any owner of the motor vehicle who seeks 195 the benefit of the preferential tax rate permitted under this 196 ordinance, irrespective of how such motor vehicle may be 197 titled. 198 (b) Any such motor vehicle owned by a husband and wife 199 may qualify if either spouse is sixty-five or over or if 200 either spouse is permanently and totally disabled, and the 201 conditions set forth in subsection (a) have been satisfied. 202 Section 17. ASSESSED VALUE DETERMINATION. 203 In accordance with Section 58.1-3103 of the Code of 204 Virginia, personal property mentioned in the above sections 205 shall be assessed at actual fair market value, to be 206 determined by the Commissioner of the Revenue for the City of 207 Virginia Beach. 208 Section 18. SEVERABILITY. 209 If any portion of this ordinance is for any reason 210 declared to be unconstitutional or invalid, such decision 21 i shall not affect the validity of the remaining portions of 212 this ordinance. 7 213 Section 19. EFFECTIVE DATE. 214 This ordinance shall be effective January 1, 1999. 215 Requires an affirmative vote by a majority of members of City 216 Council. 217 Adopted by the Council of the City of Virginia Beach, 218 Virginia, on 12th day May, 1998. CA-6980 ORDIN\DATA\NONCODE\TAX-TOOL.ORD R3 MAY 6, 1998 APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 8 - 36 - Item IV-J.4a(4) ORDINANCES ITEM # 43545 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED FY 1998-1999 OPERATING BUDGET APPROPRIATIONS Ordinance to authorize the City Manager to submit an Annual Funding Plan to the Department ofhousing and Urban Development (HUD). Voting: 11-0 (council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessomv, Jr. and Louisa M. Strayhorn ('ouncil Members Voting Nay. None ('ouncil Members Absent: None May 12, 1998 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the United States Congress has established 6 legislation designated as the Housing and Community Development Act of 1974 that sets forth the development of viable urban communities 8 as a national goal; 9 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities directed .1 toward specific objectives such as eliminating deteriorated 2 conditions in low and moderate income neighborhoods that are --3 detrimental to the public health, safety, and welfare, as well as 14 conserving, expanding, and improving the City's housing stock and the quantity and quality of community services, along with other 16 related activities; and '-7 WHEREAS, as a prerequisite to receiving the above- 18 referenced federal assistance, the City of Virginia Beach has l@9 developed an Annual Funding Plan for submission to the Department 20 of Housing and Urban Development and has created the necessary 2'@ mechanisms for its implementation in compliance with federal and 22 local directives. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 2c That the City Manager is hereby authorized and directed, 26 as the executive and administrative head of the City, to submit the 2-,@ City's FY 1998-99 Annual Funding Plan (the "Plan") and amendments 28 thereto, along with understandings and assurances contained therein 2 S) and such additional information as may be required, to the @o Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. @2 Adopted by the Council of the City of Virginia Beach, 33 Virginia, on the 12 day of May, 1998. 34 CA-6991 35 ODIN\NONCODE\ANNUALFD.ORD 36 R-1 57 PREPARED: 05/l/98 38 APPROVED AS TO CONTENT: @9 40 Depart ment of H90 4-@' Neighborhood Pr@eservation 42 APPROVED AS TO LEGAL 4'@ SUFFTCIENCY: 44 45 episcopal 2 - 37 Item IV-J.4a(5) ORDINANCES ITEM # 43546 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED. FY 1998-1999 OPERATING BUDGET APPROPRIATIONS Ordinance to AMEND Section 18-5.2 ofthe City Code re elimination ofthe requirement for businesses with gross receipts in excess of One Hundred Thousand Dollars ($100,000) to pay a fee for the issuance of a Business License Voting. 11-0 (council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McCianan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn ('ouncil Members Voting Nay: None Council Members Absent.- None May 12,1998 I AN ORDINANCE TO AMEND THE CITY CODE 2 PERTAINING TO LICENSE FEES AND TAXES 3 BY ELIMINATING THE REQUIREMENT FOR 4 BUSINESSES WITH GROSS RECEIPTS IN 5 EXCESS OF ONE HUNDRED THOUSAND 6 DOLLARS ($100,000.00) TO PAY A FEE 7 FOR THE ISSUANCE OF A BUSINESS 8 LICENSE 9 SECTION AMENDED: SECTION 18-5.2 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA Ll BEACH, VIRGINIA: L2 That Section 18-5.2 of the City Code is hereby amended and L3 reordained to read as follows: 14 Sec. 18-5.2. License fees and taxes. 15 Effective January 1, 1997, every person required by section L6 18-5 of this chapter to have a business license shall pay the [ -7 following license fees and taxes, as applicable, unless LB specifically provided otherwise: L9 (a) Businesses with gross receipts during the preceding calendar year of twenty-five thousand dollars 21 ($25,000.00) or less shall pay a fee of forty dollars 22 ($40.00); ,@3 (b) Businesses with gross receipts during the preceding 24 calendar year of between twenty-five thousand and one 12 5 dollars ($25,001.00) and one hundred thousand dollars 26 ($100,000.00) shall pay a fee of fifty dollars ($50.00); 27 (c) Businesses with gross receipts during the preceding 28 calendar year of greater than one hundred thousand 29 dollars ($100,000.00) shall pay a license tax on gross receipts. Such license tax shall be calculated by applying the specific 2 percentage rate provided in this chapter for each 43 different classification of business to the amount of a 34 business' gross receipts; and (d) For the purposes of this section, the term "gross 36 receipts" shall include, but not be limited to, the i'7 following: gross receipts, gross sales, gross purchases, 38 gross commissions, gross contracts or orders. 39 The effective date of this ordinance shall be July 1, 1998. 40 Adopted by the City Council of the City of Virginia Beach on 41 this 12th day of May, 1998. 12 43 CA-6963 44 DATA/ORDIN/PROPOSED/18-005-2.ORD 45 Rl 46 DATE PREPARED: 03/19/98 APPROVED AS TO CONTENTS: Commissioner of the Revenue Management Services APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 2 - 38 - Item IV-J4b(l) ORDINANCES ITEM # 43547 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: FY 1998 - 1999/FY 2003 - 20 Ordinance to authorize the issuance of General Obligation Bonds of the City of Virginia Beach in the maximum amount of $53,800,000 re various Public Facilities and General Improvements. Voting.- 11-0 C'ouncil Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, MayorMeyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn ('ouncilmemhers Voting Nay.- None ('ouncil Members Absent: None May 12, 1998 I AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 GENERAL OBLIGATION BONDS IN THE MAXIMUM 3 AMOUNT OF $53,800,000 FOR VARIOUS PUBLIC 4 FACILITIES AND GENERAL IMPROVEMENTS 5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize 6 the issuance of general obligation public improvement bonds for various purposes in the 7 maximum amount of $53,800,000 as permitted by the City Charter without submitting the 8 question of their issuance to the qualified voters: 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, !O VIRGINIA: I 1 1 . It is hereby determined to be necessary and expedient for the City to 1 2 construct and improve various public facilities and make general improvements, all of which 1 3 will promote the public welfare of the City and its inhabitants and will facilitate the orderly 14 growth, development, and general welfare of the City, and to finance the costs thereof 1 5 through the borrowing of $53,800,000 and issuing the City's general obligation bonds 1 6 therefor. 1 7 2. Pursuant to the City Charter and the Public Finance Act of 1991 , there are 1 8 hereby authorized to be issued public improvement bonds of the City in the maximum 19 amount of $53,800,000, to provide funds, together with other funds that may be available, 20 for various public improvements, including Schools, Roadways, Coastal projects, Economic 21 and Tourism projects, Buildings, and Parks and Recreation projects for project activities that 22 include, but are not limited to the following: preliminary studies, preliminary surveys, 23 permit compliance, environmental assessment, planning, design, engineering, site 24 acquisition, relocation of residents, utility relocation, construction, renovation, expansion, 25 repair, demolition, site improvement, site work, legal services, inspection and support 26 services, furniture and equipment, and contingencies. 27 3. The bonds may be issued as a separate issue or combined with bonds 28 authorized for other purposes and sold as part of one or more combined issues of public 29 improvement bonds. 30 4. The bonds shall bear such date or dates, mature at such time or times not 31 exceeding 40 years from their dates, bear interest, be in such denominations and form, be 32 executed in such manner and be sold at such time or times and in such manner as the 33 Council may hereafter provide by appropriate resolution or resolutions. 34 5. The bonds shall be general obligations of the City for the payment of 35 principal, premium, if any, and interest on which its full faith and credit shall be irrevocably 36 pledged. 37 6. The City Clerk is directed to make a copy of this ordinance continuously 38 available for inspection by the general public during normal business hours at the City 39 Clerk's office from the date of adoption hereof through the date of the issuance of the 40 Bonds. 41 7. The City Clerk, in collaboration with the City Attorney, is authorized and 42 directed to immediately file a certified copy of this ordinance with the Circuit Court of the 43 City of Virginia Beach. 44 8. This ordinance shall be in full force and effect from its passage. 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day 46 of May, 1998. 47 Requires eight affirmative votes for adoption. CA-6989 G:\DATA\ORDIN\NONCODE\FACILITIES.ORD DATE PREPARED: 5/l/98 Rl Approved as to Content- Approved as to Legal Sufficiency: Management Services City Attor - 39 - Item IV-J4b(2) ORDINANCES ITEM # 43548 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: FY 1998 - 1999/FY 2003 - 2004 CAPITAL IMPROVEMENT PLAN Ordinance to authorize the issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach in the maximum amount of $11,600,000 re improvements and expansions to the City's Water and Sewer System. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent.- None May 12, 1998 I AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 WATER AND SEWER SYSTEM REVENUE BONDS 3 IN THE MAXIMUM AMOUNT OF $11,600,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the 5 issuance of water and sewer system revenue bonds in the maximum amount of 6 $11,600,000 for financing improvements and expansions to the City's water and sewer 7 system (the "System"), as permitted by the City Charter: 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 9 1 . It is hereby determined to be necessary and expedient for the City to continue its 1 0 program of improving and extending the System, which will promote the public welfare of 1 1 the City and its inhabitants and will facilitate the orderly growth, development, and general 1 2 welfare of the City, and to finance the costs thereof through borrowing $11,600,000 and 1 3 issuing the City's revenue bonds therefor. 14 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are 1 5 hereby authorized to be issued water and sewer system revenue bonds of the City in the 1 6 maximum amount of $11,600,000 to provide funds, together with other available funds, 1 7 for financing the costs of improvements and expansions to the System. 1 8 3. The bonds shall bear such date or dates, mature at such time or times not 1 9 exceeding 40 years from their dates, bear interest, be in such denominations and form, be 20 executed in such manner and be sold at such time or times and in such manner as the 21 Council may hereafter provide by appropriate resolution or resolutions. 22 4. The System is an undertaking from which the City may derive a revenue. The 23 bonds shall be limited obligations of the City, payable as to principal, premium, if any, and 24 interest solely from the revenues derived by the City from the System, and shall not be 25 included within the otherwise authorized indebtedness of the City. The bonds shall not be 26 deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, 27 the Commonwealth of Virginia or of any county, city, town, or other political subdivision of 28 the Commonwealth, including the City. The issuance of the bonds and the undertaking of 29 the covenants, conditions, and agreements to be contained in resolutions to be adopted or 30 agreements to be entered into hereafter shall not directly, indirectly, or contingently 31 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 33 therefor, except from the revenues pledged to the payment of the principal of and 34 premium, if any, and interest on the bonds. 35 5. Such resolutions to be adopted and agreements to be entered into hereafter 36 authorizing the issuance of the bonds and providing the details thereof shall contain 37 appropriate covenants requiring the City to fix, charge, and collect such rates, fees, and 38 other charges for the use of and the services furnished by the System and to revise the 39 same from time to time and as often as shall be necessary so as to produce sufficient net 40 revenues to pay principal of and premium, if any, and interest on the bonds as the same 41 become due and to provide a margin of safety therefor. Such resolutions and agreements 42 shall also include such additional covenants, agreements, and other terms as are customary 43 for the protection of the holders of water and sewer revenue obligations. 44 6. The City Clerk is directed to make a copy of this ordinance continuously 45 available for inspection by the general public during normal business hours at the City 46 Clerk's office from the date of adoption hereof through the date of the issuance of the 47 bonds. 48 7. The City Clerk, in collaboration with the City Attorney, is authorized and directed 49 to immediately file a certified copy of this ordinance with the Circuit Court of the City of 50 Virginia Beach. 51 8. This ordinance shall be in full force and effect from its passage. 52 Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day of 53 May, 1998. Requires affirmative vote by a majority of City Councfl members for adoption. CA-6988 G:\DATA\ORDIN\NONCODE\WATERSEW.ORD DATE PREPARED: 5/l/98 R 1 Approved as to Contents Approved as to Legal Sufficiency Management Servi@ City Attornet - 40 - Item IV-J.4b(3) ORDINANCES ITEM # 43549 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED.- FY 1998 - 1999/FY 2003 - 2004 CAPITAL IMPROVEMENT PLAN Ordinance to authorize the issuance of Stormwater Utility System Revenue Bonds ofthe City of Virginia Beach in the maximum amount of $9,100,000 re improvements and expansions to the City's stormwater utility system. Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, MayorMeyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessomv, Jr. and Louisa M. Strayhorn (.'ouncil Members Voting Nay. None Council Members Absent.@ None Maj, 12, 1998 l@ AN ORDINANCE 2 AUTHORIZING THE ISSUANCE OF 3 STORMWATER UTILITY SYSTEM REVENUE BONDS 4 IN THE MAXIMUM AMOUNT OF $9,100,000 5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize 6 the issuance of stormwater utility system revenue bonds in the maximum amount of 7 $9,100,000 for financing improvements and expansions to the City's stormwater utility 8 system (the "System"), as permitted by the City Charter: 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: I I 1 . It is hereby determined to be necessary and expedient for the City to 1 2 continue its program of improving and extending the System, which will promote the public 1 3 welfare of the City and its inhabitants and will facilitate the orderly growth, development, 1 4 and general welfare of the City, and to finance the costs thereof through borrowing 1 5 $9,100,000 and issuing the City's revenue bonds therefor. 1 6 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are 1 7 hereby authorized to be issued stormwater utility system revenue bonds of the City in the 1 8 maximum amount of $9,100,000 to provide funds, together with other available funds, for 1 9 financing the costs of improvements and expansions to the System. 20 3. The bonds shall bear such date or dates, mature at such time or times not 21 exceeding 40 years from their dates, beat interest, be in such denominations and form, be 22 executed in such manner and be sold at such time or times and in such manner as the 23 Council may hereafter provide by appropriate resolution or resolutions. 24 4. The System is an undertaking from which the City may derive a revenue. 25 The bonds shall be limited obligations of the City, payable as to principal, premium, if any, 26 and interest solely from the revenues derived by the City from the System, and shall not be 27 included within the otherwise authorized indebtedness of the City. The bonds shall not be 28 deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, 29 the Commonwealth of Virginia or of any county, city, town, or other political subdivision of 30 the Commonwealth, including the City. The issuance of the bonds and the undertaking of ,3 i the covenants, conditions, and agreements to be contained in resolutions to be adopted or 32 agreements to be entered into hereafter shall not directly, indirectly, or contingently 33 obligate the Commonwealth, the City, or any other political subdivision of the 34 Commonwealth to levy and collect any taxes whatsoever or make any appropriation 35 therefor except from the revenues pledged to the payment of the principal of and premium, 36 if any, and interest on the bonds. 37 5. Such resolutions to be adopted and agreements to be entered into hereafter 38 authorizing the issuance of the bonds and providing the details thereof shall contain 39 appropriate covenants requiring the City to fix, charge, and collect such rates, fees, and 40 other charges for the use of and the services furnished by the System and to revise the 41 same from time to time and as often as shall be necessary so as to produce sufficient net 42 revenues to pay principal of and premium, if any, and interest on the bonds as the same 43 become due and to provide a margin of safety therefor. Such resolutions and agreements 44 shall also include such additional covenants, agreements, and other terms as are customary 45 for the protection of the holders of stormwater revenue obligations. 46 6. The City Clerk is directed to make a copy of this ordinance continuously 47 available for inspection by the general public during normal business hours at the City 48 Clerk's office from the date of adoption hereof through the date of the issuance of the 49 bonds. 50 7. The City Clerk, in collaboration with the City Attorney, is authorized and 51 directed to immediately file a certified copy of this ordinance with the Circuit Court of the 52 City of Virginia Beach. 53 8. This ordinance shall be in full force and effect from its passage. 54 Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day of 55 May, 1998. 56 Requires an affirmative vote by a majority of City Council members for adoption. 57 CA-6987 58 G:\DATA\ORDIN\NONCODE\STORMWAT.ORD 59 DATE PREPARED: 5/l/98 60 Ri 61 Approved as to Content: Approved as to Legal 62 Sufficiency: 63 64 Management Service@- City@Atto'rney - 41 - Item IV-J.4b(4) OPDINANCES ITEM # 43550 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED, AS AMENDED: FY 1998 - 1999/FY 2003 - 2004 CAPITAL IMPROVEMENT PLAN Ordinance re the FY 1998-1999/FY 2003-2004 Capital Improvement Program (CIP); and, APPROPRIATE $130,196,440 for the FY 1998-1999 Capital Budget, subject to funds being provided from various sources, and further subject to any amendments adopted by City Council Voting. 11-0 ('ouncil Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay.- None Council Members Absent: None May 12,1998 I AN ORDINANCE TO ADOPT THE 2 FY 1998-99/FY 2003-04 CAPITAL IMPROVEMENT 3 PROGRAM AND TO APPROPRIATE $130,196,440 FOR THE 4 FY 1998-99 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN 6 WHEREAS, the City Manager, on March 31, 1998, presented to City Council the Capital ? Improvement Program for fiscal years 1998-99 through 2003-04, 8 WHEREAS, City Council held public hearings on the program to provide for public comment, 9 WHEREAS, based on public comment, City Council has determined the need for certain I 0 projects in the Capital Improvement Program, and 1 1 WHEREAS, it is necessary to appropriate funds for the projects underway or beginning in the 1 2 1998-99 fiscal year as set forth in said Capital Improvement Program 3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 Section 1: That the program, as modified, for the construction of, or addition to, capital 16 facilities identified for fiscal years 1998-99 through 2003-04 is hereby adopted and that projects listed herein 1 , are approved as capital projects i8 Section 2: That the projects shall be financed from funds to be appropriated periodically by I 1 9 City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, 20 altered, or rescheduled in any manner at any time by City Council. )I Section 3 That funds in the amounts aggregating $130,196,440 for capital projects in the 22 Capital Budget for the 1998-99 fiscal year as set forth in said Capital Improvement Program are hereby @)3 appropriated, by project, subject to the conditions set forth, as follows: 24 CAPITAL PROJECTS APPROPRIATION 2E. School Projects Class 2 C, 1-046 High School - 2001 $ 7,81 5,082 @; 7 1-061 Newcastle Elementary School 9,231 985 @18 1-062 ADA School Modifications 750,000 1-063 Indoor Air Quality Improvements 3,000,000 1-074 Renovations and Replacements - Various 471 000 1-083 Renovations and Replacements Reroofing 2,6 52,050 ,'2 1-084 Renovations and Replacements - HVAC Systems 1 41 5 1 00 33 1-092 Various Schools Sound Attenuation Study 125,000 ,4 1-198 Relocation Seatack Elementary School 41 88,839 35 1-201 Renovations and Replacements-Grounds 110 404 36 1-202 W.T. Cooke Elementary School Replacement 9,097 424 3 @ 1-203 Bus Garage Facilities Assessment 85 000 38 1-205 Renovations and Replacements Exterior Bleachers 2 51 1 1 4 39 Total School Projects Class $ 39,192,998 40 Roadway Projects Class 4 1 2-002 Oceana Boulevard Widening $ 90,230 42 2-021 Rural Road Improvements 300,000 4'3 2-023 Harris Road Bike Path 267 000 14 2-043 Miscellaneous Corridor Studies 200,000 45 2 089 Southeastern Parkway and Greenbelt (Partial) $ 836,809 46 2-096 Ferrell Parkway Phase \/ 94,746 47 2-137 Great Neck Road-Phase IV and London Bridge Road-Phase III 24,805 48 2-140 London Bridge Road Phase 11 14,900 49 2-149 Birdneck Road - Phase 11 392,346 50 2-152 Elbow Road Extended Phase 11 66,000 5 1 2-156 Laskin Road Phase I 11 6,260 @2 2-157 Lynnhaven Parkway Phase IX 226,064 @3 2-158 Holland Road Phase VI 1 60,000 54 2-167 Lynnhaveri Parkway Phase XI 1 69,540 ,)5 2-175 Independence Boulevard Phase IV-B 984,930 (3 2-209 Courthouse Loop North Phase 11 264,000 1 2-211 Traffic Calming too 000 58 2-219 Independence Boulevard Phase IV-C 289r997 59 2-256 Indian River Road Phase VII 76,000 (3 C) 2-261 City Line Road (Partial) 25,000 ti i 2-263 Major Bridge Reconstruction and Rehabilitation 347, 71 9 62 2-268 Wetlands Mitigation Banking 100,000 t@ -@. 2 279 Kempsville Road/Providenc, Read Intersection Improvements 61,629 64 2-284 Resurfacing Backlog Redu(-Iion 2,522,96,' -1) 2-285 Traffic Safety Improvements Phase It 534 72C@ C, 2-305 Ferrell Parkway Phase 11 881 760 ,i,7 2-833 First Colonial Road Phase III 2 72 425 68 2-837 Various Cost Participation Projects 88,956 69 2-930 Salem Road 259,596 Total Roadway Projects Class $ 9,758,398 2 Building Projects Class: 3-005 Underground Storage Tanks City $ 403,200 74 3-020 ADA Building Modifications 250,000 I'@ 3-024 Virginia Beach Juvenile Detention Center 7,898.862 76 3-033 Fire Facility Rehabilitation and Renewal 122,000 7 3-038 Various Buildings Rehabilitation and Renewal 302,050 78 3-100 Various Buildings HVAC Rehabilitation and Renewal 547,549 ?g 3-108 Voter Machines 84,000 @io 3-109 Library Automation System Replacement 1,300,000 3-114 Beautification/City Colors 100,000 3-116 Former Kempsville Mosquito Site Acquisition 330,000 3-117 Former SPCA Site Acquisition 635,000 3-437 Municipal Center Hot/Chilled Water Lines/Heat Plant Upgrade 4,000,000 3-446 Communications System Upgrades 6r250,000 3-976 Fire Training Center Enhancements and Renewal 332,510 Total Building Projects Class $ 22,555,1 71 @i8 Parks and Recreation Projects Class: 8 9 4-002 Redevelopment of Elementary School Playgrounds $ 264,000 @)o 4-003 Bow Creek Neighborhood Park 1,689,000 9 1 4-009 Community Recreation Centers Renewals and Replacements $ 1,010,61 3 @)2 4-012 Princess Anne Park Relocation (Partial) 100,000 93 4-936 Recreation Office and Storage Facility at School Sites 100,000 94 4-949 District/Community Park ldevelopment and Renovations 256,839 @)5 4-950 Neighborhood Park Development 100,000 96 4-954 Tennis Court Renovations (On Going) 236,767 9 7 4-955 Athletic Fields Upgrading and Lighting 60,000 98 4-959 Golf Course Infrastructure and Equipment (On-Going) 125,700 99 4-965 VBOP Heritage Resources 75,000 100 4-967 VBOP Trails 50,000 I @) I 4-970 Playgrounds Renovations 250,OOC@@ 102 4-972 Red Wing Golf Course Renovation and Expansion (Partial) 253,580 1 '1)3 4-976 Underground Storage Tanks Golf Courses 89,800 104 Total Parks and Recreation Projects Class: $ 4,651,299 105 Coastal Projects Class 1 06 8-014 Lynnhaven Inlet Maintenance Dredging $ 60,000 1 0 @ 8-077 Citywide Sand Replenishment Project 1,350,000 1 08 8-301 Rudee Inlet Management Study 450,000 09 8-830 Rudee Inlet Dredging 300,000 1 c Total Coastal Projects Class $ 2,160,000 1 i Economic and Tourism Development Projects Class: 2 9 026 Atlantic Avenue Trolley Lanes $ 895,000 9-057 Ocean Walk 170,000 9-141 Economic Development Investment Program 1,956,574 5 9-199 Conference/Convention Facility Renovation iOn-Going) 300,000 1 6 9-302 Rudee Loop Development Phase I (Partial) 200,000 9-704 Beach Erosion Control and Hurricane Protection 11,200,000 1 8 Total Economic and Tourism Development Projects Class: $ 14,721,574 1 9 Total Public Improvement Projects Class: $ 93,039,440 i2O Water Utility Projects Class 2 1 5-005 North London Bridge Road $ 40,000 22 5-009 Salem Road/ Highland Acres 300,000 5-050 Reon DFive 51 %Type 100,000 5-058 Green Hill Farms 51 % Type 40,000 25 5-062 Ferrell Parkway Phase V 77,000 5-067 Courthouse and Sandbridge Tank Modifications 100,000 5-093 Comprehensive Water Study Phase III 50,000 28 5-125 Utility Customer information System Upgrade 25,000 .j9 5-131 Tank Upgrade Program Phase 11 450,000 ic 5-136 Water Quality Program Phase 11 (Partial) 250,000 5-145 Smiths Lane 51 % Type 1 5,000 @2 5-150 Underground Storage Tanks Water 20,000 5-200 Salem Road "C" 5OrOOO 1 34 5-944 Ferrell Parkway Phase 11 $ 1 50,000 1 35 5-964 Water Resources - Lake Gaston 3,200,000 otal Water Utility Projects Class: $ 4,867,000 36 T i @37 Sewer Utility Projects Class: 38 6-002 Colony Drive $ 50,000 :@9 6-021 Salem Road "C" 20,000 4(l 6-032 Salem Road/Highland Acres 320,000 1,11 6-033 Infiltration, Inflow, and Rehabilitation Phase III 1,208,890 1 4," 6-034 Pump Station Modifications Phase III 737,000 144 @3 6-039 North Landing Road/West Neck Road 360 000 144 6-050 Salem Road/Landstown Road 80 000 1 4,I) 6-054 Utility Customer Information System Upgrade 25,000 1 46 6-055 Landstown Yard Improvements Phase 11 100,000 "I 7 6-056 Spigel/South Spigel Drive 535,000 148 6-063 Central Business District System Upgrades 500,000 1 49 6-074 Underground Storage Tanks Sewer 11 5,800 1 50 6-102 Lake Ridge 1,550,000 1 5 1 6-103 Lake Ridge Interceptor Force Main 6,490 000 I 5 -11 6-931 Sandbridge I OOOROOO i53 6-937 Aragona Rehabilitation 540 31 0 154 6-938 Princess Anne Plaza Rehabilitation 2400,000 iss 6-939 Comprehensive Sewer Study 300,000 156 6-972 Alanton 2,968,000 i57 Total Sewer Utility Projects Class: $ 1 9,300,000 !58 Storm Water Utility Projects Class: 159 7-001 Chesapeake Beach/Lake Chubb $ 250,000 1 6C, 7-005 North Lake Holly Watershed 940,000 161 7 008 Lake Shores Drainage 100,000 @6@ 7-012 Fair Meadows Drainage 100,000 6 -1 7-013 Cape Henry Derive (Lynnhaven Colony) Drainage 675,000 !64 7-016 South Lake Holly Watershed 150,000 ! 6E, 7-020 Various Drainage Improvements 150,000 i66 7-022 Oceana Gardens East Drainage 1 93,042 ! (i -., 7-145 Arctic Avenue Baltic Avenue 703,000 168 7-181 Pocahontas Village 628,958 1 6@) 7-183 Storm Water Quality Enhancements 100,000 7-902 North Beach Storm Drairage (Partial) 8,400,000 7-960 Oceana Gardens West Drainage 600,000 172, Total Storm Water Utility Projects Class: $ 1 2,990,000 1 7@i Total Utility Projects Class $ 37,1 57,000 174 Total Appropriations $ 130,196,440 3 7!@ Section 4 That, in accordance with Section 2-196 of the City Code, Financing Sources in 1 76 support of the Capital Budget for the 1 998-99 fiscal year as set forth in said Capital Improvement Program are ! 77 as follows 1 78 Financing Sources: 1 79 General Appropriations $ 1 3,892,205 i8o Charter Bonds 57,289,000 @81 Referendum Bonds 2,666,667 1 8 2 Fund Balance 7,98 7,599 1 83 Water and Sewer Fund 2,000,000 1 84 Federal Reimbursement 2,700.000 @85 State Contribution 3,445,000 1 86 Water and Sewer Revenue Bonds 1! r6OO,OOO 18 7 Storm Water Utility Bonds 9,100,000 i88 Storm Water Utility Fund 3,890,000 1 89 Retained Earnings 1 r975,580 1 90 Proceeds of Lease-Purchase Agreement 5,367,04(i ]!) I Hampton Roads Sanitation District 5,700,000 @92 Other 2,583,343 1 93 Total Financing $ 130,196,440 1 94 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in 1 95 accordance with said Capital Improvement Program and reallocated as follows i96 School Proiects Class @97 Transfer To: 1 98 1-083 Renovations and Replacements Reroofing $ 425,000 99 Total Transfer To $ 425,000 200 Transfer From: ;C@ 1 1-021 Corporate Landing Middle School $ 125,000 @2 1-047 Christopher Farms Elementary School 125,000 ;'O 3 1-057 Various Schools Additions 50,000 @04 1-064 Linkhorn Park Elementary Replacement 125,000 105 Total Transfer From: $ 425,000 1)06 Roadway Projects Class: @)07 Transfer To ,'08 2-021 Rural Road Improvements $ 901 1109 2-089 Southeastern Parkway and Greenbelt 25,000 2-211 Traffic Calming 25,000 2-270 Constitution Drive Extended Study 25,000 2-285 Traffic Safety Improvements - Phase II 315,000 Total Transfer To $ 390,901 Transfer From: 2-002 Oceana Boulevard Widening $ 'OROOO 2-833 First Colonial Road Phase III 204,011 2-084 Military Highway 1 76,890 Total Transfer From $ 390,901 2 1 9 Buildings Projects Class: 220 Transfer To: 221 3-018 Fire/Rescue Station Creeds $ 5 5,000 222 3-111 City/School Consolidated Fueling Facilities 112,500 22 3 3-403 Corrections Center Sprinkler and HVAC Controls 1 5,000 224 3-437 Municipal Center Hot/Chilled Water Lines 1,642,710 225 Total Transfer To: $ 1,825,210 2 2 6 Transfer From 22 7 3-100 Various Buildings HVAC Rehabilitation and Renewal $ 1,200,000 228 3-112 Princess Anne Commons Land Acquisition 2 1,455 229 3-015 Judicial Center Reserve 22,863 -)@io 3-992 Pendleton Child Service Center 7,346 2@3 t 3-994 District Court Building Renovation 7,493 232 3-996 Circuit Court Building Renovation S,l 36 2@33 3-023 Social Service Building 560,91 7 234 Total Transfer From $ 1,825,21 0 .135 Parks and Recreation Projects Class: Transfer To .)3 7 4-009 Community Recreation Centers Renewals and Replacements $ 120,000 @@38 4-012 Princess Anne Park Relocation (Partial) 1 71,1 75 @39 4-964 VBOP Greenways/Scenic Waterways 80,000 4-966 VBOP Public Beach Access 10,000 14 4-967 VBOP Trails 64,448 )42 4-972 Red Wing Golf Course Renovation and Expansion (Partial) 250,000 @43 Total Transfer To $ 695,623 @,44 Transfer From @'4 5 4-959 Golf Course Infrastructure/ Equipment $ 250,000 @'4h 4-974 Lynnhaven Boat Ramp and Beach Facility 10,000 @@4 ? 4-935 Princess Anne Park Recreation Facility 1 71 1 75 z48 4-942 Owl Creek Tennis Center Pro Shop Expansion 1 20,000 ,149 4-960 Virginia Beach Outdoor Plan 80@000 4-961 Pungo Trail 64,448 Total Transfer From $ 695,623 Storm Water Projects Class: Transfer To: 7-013 Cape Henry Drive (Lynnhaven Colony) Drainage $ BOOROOO 5 7-014 Cape Story By the Sea 550,000 @)6 7-114 Princess Anne Drainage - Phase II 100,000 I Total Transfer To: $ 1,450,000 8 Transfer From 119 7-002 Lynnhaven Drive/Long Creek Canal Drainage $ 250,000 6 (11 7-115 Rosemont Road- Windsor Woods Drainage 250,000 2(,l 7-185 Indian Lakes Drainage 50,000 7-800 Lynnhaven Colony/Cape Story By the-Sea Drainage 900,000 Total Transfer From $ 1,450,000 264 Water and Sewer Utility Proiects Class: 265 Transfer To: 266 5 081 Sherry Park 51 % Type $ 550,000 .)67 5-094 Small Line Improvements Phase III 350,000 268 5-118 Computerized Mapping 200,000 269 5-127 Landstown Yard Improvements Phase 11 100,000 5-150 Underground Storage Tanks Water 350,000 6-005 First Colonial Road Phase III 1 60,000 6-023 Indian River Road South 125,000 73 6-025 Shell Road West 495,000 2 7 4 6-046 Computerized Mapping 200,000 2 7 5 6-074 Underground Storage Tanks Sewer 1 45,000 2 76 6-937 Aragona Rehabilitation 480,000 ? ' 7 6-949 Reon Drive 200,000 2 78 6-971 North London Bridge Road Force Main 110,000 @79 Total Transfer To: $ 3,465,000 280 Transfer From: 28 1 5-107 Little Neck Point 51 % $ 300,000 282 5-119 Flow Monitoring System 150,000 283 5-128 Water System Sampling Program 200,000 284 5-129 Potable Wells Evaluation Program 500,000 285 5-048 Lynnwood/Michaelwood - 51 % 4,778 286 5-052 Little Haven 92,421 2 8 7 5-070 Various Highway Projects Phase 11 140,000 288 5-077 Ocean Park Water Line Extension 6,445 289 5-080 Lakeville Estates 51 % 40,291 290 5-099 South Kentucky Avenue 51 % 1 5,802 291 5-103 Old Princess Anne Road 51 % 5,048 292 5-111 Avalon Terrace "A" 51 % 5,479 293 5-120 Military Highway 25,000 294 5-122 19th Street Utility Improvements 8,898 295 5-713 Landstown Suction 1 2,946 296 5-966 Atlantic Avenue Improvements 87,656 297 6-036 Various Sewer Projects Phase III 200,7 34 2 98 6-049 Eagle's Nest Point 100,000 299 6-064 Sewer Pump Station Alarm System 150,000 300 6-073 Elbow Road Ext Force Main 200,000 301 6-001 Old Princess Anne Road 3,304 302 6-003 Landstown Road 40,602 303 6-004 Landstown Municipal Property 20,000 304 6-024 Salem Road "A" 150,000 305 6-045 International Parkway 150,000 @iO6 6-048 Little Haven 300,000 307 6-925 Atlantic Avenue Improvements 1 32,251 308 6-940 East Sparrow Road 33,01 5 309 6-944 Princess Anne Hills 201 7 5 2 31C 6-947 Homestead 125,000 it 1 6-948 Lynnwood/Michaelwood - 51 % Type $ 23,150 412 6-984 North Seaboard Road 3,374 @!3 6-994 Ashmore Drive 7,232 1 4 6-995 Lakeville Estates 9,600 1 @, 6 997 Whitehurst Landing Road A 10,000 31 6 6-998 South Kentucky Avenue 10,222 li @ Total Transfer From: $ 3,465,000 31 8 Section 6. Additional appropriations and the addition of capital projects shall not be initiated except 3 I 9 with the consent and approval of the City Council first being obtained, and an appropriation for a project in the 320 Capital Improvement Program shall continue in force until the purpose for which it was made has been 32, accomplished or abandoned. 32 2 Section 7. All contracts awarded for approved and appropriated capital projects, exclusive of school 323 projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of 324 work on the contract. 3 2 5 Section 8. Subject to any applicable restriction of law or of any bonds or bond issue, the City 326 Manager or the Director of Management Services is authorized to approve transfers of appropriation in an 32 7 amount up to $25,000 between capital projects within a project class as may best meet the needs of the City 328 The City Manager or the Director of Management Services is hereby authorized to establish and administer the. 329 budgeting of Capital Projects consistent with best management practices, reporting requirements and the 330 Capital Improvement Program adopted by the City Council. 33 1 Section 9. The City Manager or the Director of Management Services is authorized to changer subject 332 to any applicable restriction of law or of any bonds or bond issue, the Financing Sources for the various capital 333 projects included in this ordinance to reflect effective utilization of the Financing Sources. If the Financing 334 Sources in support of capital projects decline, the City Manager or the Director of Management Services is @@3@ authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue those, 13 6. appropriations to equal the changed Funding Source. The City Manager must give prior notice to the City ,3 3 3 Council of any reductions to total appropriations exceeding $25,000. The notice to City Council shall identify 338 the basis and amount of the appropriation reduction and the Capital Projects affected. The Accounting @33@) Records of the city will be maintained in a manner where the total of Financing Sources is equal to the total @340 appropriations for each of the city's capital projects funds. @341 Section 10. The Capital Improvement Program debt management policies contained and included in 34,' the Resource Management Plan Executive Summary document shall be the policy guidelines of the City, and 34"@ the City Manager shall annually report on the status of those guidelines and the projected impact of the :34,1 proposed Capital Improvement Program on those guidelines, such information to be included in the Capital 34E@ Improvement Program submittal The City Manager may propose modifications to those policies and guidelines 34(i through the Capital Improvement Program. i4 ? Section 11. If any portion of this ordinance is for any reason declared to be unconstitutional or 348 invalid, such decision shall not affect the validity of the remaining portions of this ordinance. 349 Section 12. Violation of this ordinance shall result in the City Manager taking disciplinary action 350 against the person or persons responsible for the capital project category in which the violation occurred 35 i Section 13. That this ordinance shall be in effect from the date of its adoption. 352 Requires an affirmative vote by a majority of members of City Council. 3 5:--, Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of May, 1998 - 42 - Item IV-J.4b(5) ORDINANCES ITEM # 43551 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED, AS AMENDED: FY 1998 - 1999/FY 2003 - 2004 CAPITAL IMPROVEMENT PLAN APPROPRIATE $86,714,324 to fund CIP #1-212, Elementary School Modernization Program, subject to passage of a proposed November 1998 Bond Referendum APPROPRIATE $2,800,000 to fund CIP # 1-196, Instructional Technology, as well as an existing School Capital Project APPROPRIATE $2,200,000 to fund CIP #1-209, Buses and Vehicles Backlog Voting. 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay.- None Council Members Absent: None May 12, 1998 I AN ORDINANCE ESTABLISHING A NEW 2 SCHOOL CAPITAL PROJECT AND APPROPRIATING 3 $86,714,324 TO FUND THE NEW PROJECT SUBJECT TO 4 PASSAGE OF A PROPOSED NOVEMBER 1998 BOND REFERENDUM 5 AND THE AVAILABILITY OF YEAR-END FUND BALANCE 6 WHEREAS, there is a need to renovate and modernize eighteen elementary schools to 7 ensure that children in older areas of the City have facilities appropriate for learning; 8 WHEREAS, the City Council of the City of Virginia Beach desires to establish a certain new 9 capital project to address the need for elementary school renovations and modernization; I 0 WHEREAS, the total cost of the project is estimated at $132,847,088, of which I 1 $86,714,324 is to be appropriated in FY 1998-99; 1 2 WHEREAS, funding for this project is contingent upon (1) the success of a proposed 1 3 November 1998 bond referendum on the question of renovating and modernizing the above 1 4 referenced elementary schools, and (2) the appropriation of year-end fund balance from the School 1 5 Board's FY 1997-98 Operating Budget which, by law, reverts to the City at the end of each fiscal 1 6 year; and 1 7 WHEREAS, the exact amount of the year-end surplus will not be determined until several 1 8 months after the end of the fiscal year; 1 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 20 VIRGINIA I)! 1. That City Council hereby establishes project # 1-212 Elementary School Modernization 22 Program as a new school capital project, which will provide for the renovation and modernization of 23 eighteen elementary schools, with construction to begin in the years set forth below 24 FY 1999 - Bayside, Creeds, Shelton Park, Thalia; 25 FY 2000 - Kempsville Meadows, Louise Luxford, Woodstock; 26 FY 2001 - Kempsville, Malibu, Pembroke, Trantwood; 27 FY 2002 - Arrowhead, Hermitage, Lynnhaven; 28 FY 2003 - Brookwood, Old Donation Center, Pembroke Meadows, Windsor Woods. 19 2. That funds in the aggregate amount of $86,714,324 are hereby appropriated for project 1 30 # 1-212, subject to the applicable conditions of the Ordinance to Adopt the FY 1998-99 Capital 3 1 Improvement Program as adopted by City Council on May 12, 1998; 32 3. That, in accordance with Section 2-196 of the City Code, Financing Sources in support 33 of project # 1-212 for FY 1998-99 are as follows: 34 Financing Sources: 35 Referendum Bonds $ 76,700,000 36 State Contribution 2,442,897 37 Operating Budget 2,424,339 38 Fund Balance FY 98 School Reversion 5,147,088 39 Total Financing $ 86,714,324 40 4. That the appropriations made by this ordinance shall only become effective if the above 41 referenced elementary school referendum is placed on the ballot November 3, 1998, and approved 42 by the voters, and if the year end fund balance from the School Board's FY 1997-98 Operating ,13 Budget, as described in section 3, is available; and 44 5. That City Council hereby expressly reserves the right to modify or reduce these 45 appropriations prior to their effective date. 46 This ordinance and its provisions shall not take affect until November 12, 1998. 4 7 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of May, 418 1998. I AN ORDINANCE ESTABLISHING ONE NEW 2 SCHOOL CAPITAL PROJECT AND APPROPRIATING 3 $5,000,000 TO FUND THE NEW PROJECT 4 AS WELL AS AN EXISTING SCHOOL PROJECT 5 WHEREAS, the City Council of the City of Virginia Beach desires to establish a new 6 capital project, and to appropriate funds for this new project as well as additional funds for 7 an existing project; 8 WHEREAS, these projects will be funded by an appropriation of year-end surplus 9 revenues from the School Board's FY 1 997-98 Operating Budget which, by law, revert to 10 the City at the end of each fiscal year; and I 1 WHEREAS, the exact amount of the year-end surplus will not be determined until 'I 2 several months after the end of the fiscal year; 1 3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 1. That City Council hereby establishes Capital Improvement Project # 1 - 16 196 Instructional Technology as a new school capital project; 1 7 2. That funds in the aggregate amount of $5,000,000 are hereby 18 appropriated as follows, by project, subject to the conditions set forth in Sections 6, 7, 8, 19 9, and 10 of the Ordinance to Adopt the FY 1998-99 Capital Improvement Program as 20 adopted by City Council on May 12, 1998: 21 Schools Section: 22 1-196 Instructional Technology (New) $2,800,000 23 1-209 Buses and Vehicles Backlog (Existing) $2,200,000 24 3. That all appropriations made by this ordinance are subject to the 25 availability of sufficient year-end surplus revenues in the Virginia Beach School Board's FY 26 1997-98 Operating Budget; and 27 4. That City Council hereby expressly reserves the right to modify or 28 reduce these appropriations prior to their effective date in the event that the revenues upon 29 which the appropriations are based are not fully realized. 30 This ordinance and its provisions shall not take effect until September 18, 1998. 31 Requires an affirmative vote by a majority of members of City Council. 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 33 May, 1998. 34 CA-6986 35 G:\DATA\ORDIN\NONCODE\NEWSCHOOL.ORD 36 DATE PREPARED: 4/22/98 37 RI 38 Approved as to Content: Approved as to Legal 39 Sufficie 40 41 Management Service@ @City Attorney - 43 - Item IV-J4b(6) RESOLUTION ITEM # 43552 ADD-ON Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: FY 1998 - 1999/FY 2003 - 2004 CAPITAL IMPROVEMENT PLAN Resolution to express City Council's support for the modernization and renovation of aging elementary schools and its commitment to fund improvements to the oldest of these schools. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, MayorMeyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay.- None Council Members Absent. None May 12, 1998 A RESOLUTION EXPRESSING CITY COUNCIL'S 2 SUPPORT FOR THE MODERNIZATION AND RENOVATION i OF AGING ELEMENTARY SCHOOLS AND ITS 4 COMMITMENT TO FUNDING IMPROVEMENTS TO THF OLDEST OF THESE SCHOOLS 6 WHEREAS, the City of Virginia Beach has a number of aging elementary schools that will require extensive modernization, 8 renovation, and in some cases new construction; 9 WHEREAS, the City Council is committed to maintaining the excellence of the City' a schools by providing adequate physical environments for learning; 12 WHEREAS, the School Board has requested funding for the '@ 3 improvement of eighteen schools and has established its priorities, 14 with the oldest schools being renovated and modernized first- WHEREAS, the City Council desires that the public 16 participate in the process of deciding the scope of a proposed -7 elementary school improvement program, by requesting that a 1,8 referendum be placed on this November's ballot on the question of @- 9 issuing bonds to fund these improvements, which would require a 2(i real estate tax increase; and WHEREAS, the City Council realizes that improvements to 22 the City's oldest elementary schools, such as Bayside and Creeds, 2--i must be made, even if the entire school improvement program is not 24 approved by the voters; 21-1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council. expresses its support for the 28 renovation and modernization of aging elementary schools in the ,@9 City; 4 That City Council states its intent to place on the November ballot a question on funding an elementary school 32 improvement program by the issuance of bonds, which would @3 necessitate a real estate tax rate increase; and 3 4 That, in support of this initiative, City Council @5 expresses its desire that $5.1 million from the School Division's 36 FY 98 Operating Budget ending fund balance, along with any sums 4'7 from the School Division's FY 98 Operating Budget ending fund 38 balance in excess of $14.1 million, and any surplus in the City's @9 FY 98 Operating Budget ending fund balance, up to the remaining 4e unfunded cost of renovating and modernizing the Bayside and Creeds Z41 elementary schools, be reserved to reduce the amount of the bonds 42 that will be submitted for approval by the voters in the November 43 referendum, and, if the referendum is not approved, that these 44 funds shall be made available to fund the above-referenced 4,5 improvements to the Bayside and Creeds elementary schools 46 Adopted by the Council of the City of Virginia Beach, @4' Virginia, on the 12 day of May, 1998. 48 CA-7010 49 ORDIN\NONCODE\RENOVATION.RES 50 R 7 51 MAY 8, 1998 2 APPROVED AS TO CONTENT: @.4 Management S APPROVED AS TO LEGAL SUFFICIENCY: Department of a@ 9 2 - 44 Item IV-J.5. ORDINANCES ITEM # 43553 Upon motion by Vice Mayor Sessoms, seconded by Councilman I-leischober, City Council ADOPTED: Ordinance to AMEND the FY 1997-1998 Capital Budget re Development Agreement with R.S. Dickson & Company/City of Virginia Beach (Harris Teeter Project, 30th Street Area), as follows: APPROPRIATE $206,646 from the Stormwater Utility Enterprise Fund - Retained Earnings to CIP Project #7-020 Various Drainage Improvements re tidal flooding at Baltic Avenue South of 30th Street APPROPRIATE $125,000 from the Tourism Growth Investment Fund (TGIF) - Fund Balance: and TRANSFER $105,000 from CIP Project #9-255, Conference/Convention Facility Expansion Planning,- and, $75,000 from CIP Project #9-058, Rudee Walk-Phase I(Partial), to CIP Project #9-260, Economic and Tourism Development Partnerships re right-of-way for future expansion of 30th Street. Voting: I 1-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. I-Iarrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- None May 12,1998 AN ORDINANCE TO AMEND THE FY 1997-98 CAPITAL BUDGET BY APPROPRIATING $206,646 FROM THE STORMWATER UTILITY ENTERPRISE FUND - RETAINED EARNINGS TO CIP PROJECT # 7-020, 4 VARIOUS DRAINAGE IMPROVEMENTS; AND BY APPROPRIATING 5 $125,000 FROM THE TOURISM GROWTH INVESTMENT FUND (T.G.I.F.) - 0 FUND BALANCE, AND TRANSFERRING $105,000 FROM CIP PROJECT #9- 255, CONFERENCE/CONVENTION FACILITY EXPANSION PLANNING, AND 8 $75,000 FROM CIP PROJECT # 9-058, RUDEE WALK-PHASE I (PARTIAL), TO CIP PROJECT #9-260, ECONOMIC AND TOURISM DEVELOPMENT PARTNERSHIPS WHEREAS, the City has reached agreement with R.S. Dickson & Company (the "Developer") which has acquired a site of 13 approximately 14.88 acres identified in the Oceanfront Resort 14 Area Concept Plan as the "30th Street Property"; 15 WHEREAS, the City has agreed to pay two-thirds ($206,646) of 16 the total cost required to improve a section of Baltic Avenue 17 just south of the 30th Street intersection that is subject to 18 tidal flooding, with the Developer paying the remaining one-third 19 of the cost; 10 WHEREAS, the Developer has agreed to sell to the city of 21 Virginia Beach the right-of way needed for the future extension of @12 30th Street to the west for a price of $260,000; and 23 WHEREAS, the City has also agreed to pay $45,000 for enhanced 24 streetscaping in the area in conjunction with the Developer's 25 landscaping, and the Developer has agreed to deed restrictions 2(@ which will require any future development of the area to be 27 architecturally compatible with existing development; and 28 WHEREAS, to fund its participation in this project, the city 29 has identified $206,646 in the Stormwater Utility Enterprise Fund - ,3(i Retained Earnings that is available to be appropriated to CIP 3i Project 47-020 various Drainage Improvements, $125,000 from the T.G.I.F. - Fund ]Balance that is available to be appropriated to CTP 13 Project #9-260 Economic Tourism Development Projects, and $180,000 34 from CIP Project #9-058, Rudee Walk - Phase I (Partial) , and CIP 35 Project #9-255, Conference/Convention Facility Expansion Planning, .16 that is available to be transferred to CIP Project #9-260. 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 1. That the FY 1997-98 Capital Budget is hereby amended by 40 appropriating $206,646 from the Stormwater Utility Enterprise Fund 41 Retained Earnings to CIP Project #7-020, Various Drainage 42 Improvements, to correct an area on Baltic Avenue just south of the 43 30th Street intersection that is subject to tidal flooding; and 44 2. That the FY 1997-98 Capital Budget is hereby further 45 amended by appropriating $125,000 from the Tourism Growth 46 Investment Fund (T.G.I.F.) Fund Balance to CIP Project #9-260 47 Economic and Tourism Development Partnerships, and transferring 48 $75,000 from CIP Prolect #9-058, Rudee Walk - Phase I (Partial), 49 and $105,000 from CIP Project #9-255, Conference/Convention 50 Facility Expansion Planning, to CIP Project #9-260, to pay for the 51 right-of-way needed for future expansion of 30th Street to the west 5--, and upgraded streetscaping in the area. 53 Requires an affirmative vote by a majority of City Council 54 members. 55 Adopted the 12 day of May 1998, by the Council of the City 56 of Virginia Beach, Virginia. 5@ CA-7006 58 NONCODE/30TH-ST.ORD ig R3 00 MAY 6, 1998 61 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 62 SUFFICIENCY: o3 64 Walter C. Krae6er, Jr., Law Department 65 Department of Management Services DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is entered into this day of , 1998, by and between CITY OF VIRGINIA BEACH, a political subdivision of the Commonwealth of Virginia (the "City"), and R. S. DICKSON & COMPANY, a North Carolina corporation (the "Developer"). RECITALS A. The Developer is developing twenty-one (21) parcels of land containing an aggregate of approximately 14.08 acres (the "Property") in the Beach Borough of the City of Virginia Beach, Virginia. The Developer intends to develop free-standing retail facilities on the Property, in one or more phases (the "Development"). B. The Development will require the construction of certain improvements within that portion of the right-of-way of Baltic Avenue that lies between 27th Street, on the south, and 30th Street, on the north, including reconstructing and raising the grade of Baltic Avenue. C. The construction of such improvements will enhance traffic circulation, improve drainage flows and encourage redevelopment in the resort tourist district. D. The City and the Developer have reached agreement on the scope and cost of the improvements, and the parties now enter into this instrument to set forth such agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing and the mutual obligations and covenants contained herein, the parties hereto agree as follows: 1. Duties of Developer. The Developer agrees that it has performed or shall be responsible for performing the following tasks in accordance with all applicable City ordinances, standards, specifications and procedures. (a) Road Improvements. The Developer has reconstructed and raised the grade of the public right-of-way known as Baltic Avenue between the northern right-of-way line of 27th Street and the southern right-of-way line of 30th Street, substantially as shown on the certain plan entitled "Site Development Plan of Harris Teeter #181, Holly Road and Baltic Avenue, Beach Borough, Virginia Beach, Virginia," dated March 28, 1997, prepared by Langley and McDonald, P.C., which has been exhibited to the City Council of the City and is on file in the Development Services Center of the City (the "Plan"). Developer's work set forth in this paragraph shall be referred to as the "Road Project" or the "Project." (b) Architectural Consistency. The Developer shall, by deed restriction, require that each purchaser of a separately subdivided parcel of the Property construct the primary retail facility located on such parcel using at least one of the primary colors of the Harris Teeter grocery store constructed by the Developer on the Property and at least one of the primary exterior finishes used in the Harris Teeter grocery store. The Developer shall also require that the design of such primary retail facility be compatible with the design of the Harris Teeter grocer store. (c) Hold Harmless-Indemnification. It is understood and agreed that the Developer hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting out of any act or omission on the part of the Developer, its contractors, subcontractors, agents, or employees (collectively, its "Agents") under or in connection with this Agreement or caused by or resulting from the failure of the Developer or its Agents to perform its or their obligations under this Agreement. The Developer shall save harmless and indemnify the City and its agents, volunteers, servants, employees, and officials from and against any and all claims, losses, or expenses, including but not limited to reasonable attomey's fees (collectively, "Claims"), which any of them may suffer, pay, or incur as the result of claims or suits due to, arising out of, or in connection with the negligence or conduct of the Developer or its Agents, or the failure of the Developer or its Agents to perform its or their obligations under this Agreement, during the period commencing from the date any construction work began on the Road Project by the Developer until the earlier of (i) the cessation of all work on the Project by the Developer for any reason, or (ii) final approval and acceptance by the City of the Project. Any costs associated with any violation of the laws by the Developer or its Agents ("Costs") including, but not limited to, remediations, clean up costs, fines, administrative or civil penalties or charges, and third party claims, imposed on the City by any regulatory agency or by any third party as a result of the noncompliance with federal, state, or local environmental laws and regulations or nuisance statutes by the Developer or its Agents arising out of the performance of their obligations contained in this Agreement, shall be paid by the Developer. Notwithstanding the foregoing, the Developer's obligation to defend or pay Costs or Claims, as set forth above, shall not apply to, and the City shall remain fully responsible for, (i) any Costs arising from the presence as of the date hereof, within the rights-of-way of Baltic Avenue or Holly Road (excluding any portions of such rights-of-way dedicated or conveyed to the City by or on behalf of the Developer) of underground storage tanks and of any substance the storage or disposal of which is regulated by any state or federal law or regulation relating to hazardous substances, toxic wastes, or environmental protection, including but not limited to asbestos, polychlorinated biphenyls, and petroleum products, (ii) any Claims or Costs resulting from defects in the City's title to any portion of the rights-of-way of Baltic Avenue or Holly Road owned by the City as of the date hereof, (iii) any Claims or Costs resulting from the City's failure to perform its obligations hereunder, and (iv) any Claims or Costs arising from the acts or omissions of the City, - 2 - its employees, officials, agents or assigns. As of the date of this Agreement, the Developer has encountered no underground storage tanks within the rights-of-way of Baltic Avenue or Holly Road. (d) Nondiscrimination. In connection with the completion of the Road Project, the Developer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national original is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Developer. The Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices of setting for the provisions of this nondiscrimination clause. All solicitations or advertisements for employees sought in connection with completion of the Road Project, placed by or on behalf of the Developer, will state that the Developer is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. The Developer will include the provisions of this paragraph in every subcontract or purchase order over Ten Thousand Dollars ($10,000) signed after the date hereof for completion of the Road Project, so that the provisions will be binding upon such subcontractor or vendor. Notwithstanding anything to the contrary contained in this Agreement, violation by the Developer of the provisions of this paragraph 1(d) shall not result in a termination of this Agreement or relieve the City of its obligations hereunder. 2. Road Project Reimbursement. No later than fifteen (15) days after the Road Project Completion Date (as defined below), the City shall pay the Developer $206,646.00. The "Road Project Completion Date" shall be the date that is thirty (30) days after the date on which the public resumes the use of the section of Baltic Avenue that is subject to the Road Project. The occurrence of the Road Project Completion Date and subsequent payment by the City shall not constitute acceptance of the section of Baltic Avenue subject to the Road Project for maintenance by the City. Such acceptance shall occur, if at all, only in accordance with the City's standard practices and procedures for acceptance of streets. 3. 30th Street Extension. Provided that all conditions set forth in this Agreement have been satisfied, the Developer shall sell to the City and the City shall purchase from the Developer that portion of the Property that is designated as "PROPOSED R/W" on Exhibit A attached hereto for the possible extension of 30th Street between the western right-of- way line of Baltic Avenue and the southern right-of-way line of Laskin Road (the "Road Extension Parcel"). Closing on the conveyance of the Road Extension Parcel shall occur no later than fifteen (15) days after satisfaction of the conditions precedent set forth in paragraph 4(b) below. At such closing, the City shall pay the Developer in cash, by wire transfer of funds or by other immediately available funds, the sum of $260,000, and the Developer will convey the Road Extension Parcel to the City by special warranty deed (the "Deed"). The City agrees to allow at least one (1) curb cut to the Developer or its successors or assigns, to allow ingress and egress between the balance of the Property and any road constructed within the Road Extension Parcel. .. 3 - 4. Conditions Precedent. (a) Developer's Obligations. The City and the Developer agree that all of the obligations of the Developer hereunder, shall be subject to the occurrence of the following Conditions Precedent: (i) Approval by the City of any necessary modifications of the Plan. (ii) Issuance by the City of all permits and approvals (including but not limited to building permits, subdivision approvals, and approvals for the extension of public sewer service) necessary for the commencement or completion of the Project and/or conveyance of the Road Extension Parcel. If the foregoing conditions precedent have not been satisfied within ninety (90) days after the date of this Agreement, then at any time thereafter, the Developer may terminate this Agreement by mailing written notice of its intention to terminate this Agreement to the City. (b) City's Obligation to Purchase. The City shall have a period not to exceed sixty (60) days to obtain a commitment for title insurance on the Road Extension Parcel containing no exceptions which in the reasonable opinion of the City would prevent or impair the future use of the Road Extension Parcel as a public street or which would constitute a cloud on the City's fee simple ownership of same. If any such exception or objection to title exists, the City shall notify the Developer in writing, and the Developer shall have fifteen (15) days in which to notify the City that it will either cure such exception or objection or that it elects not to do so. If the Developer elects not to cure, the City shall be under no obligation to purchase the Road Extension Parcel. 5. Representations and Warranties. (a) Of the Developer. The Developer represents and warrants that it is duly organized and in good standing under the laws of the state of its organization, and is authorized to transact business in the Commonwealth of Virginia, and has the legal power, right and authority to execute this Agreement and perfortu its obligations hereunder. (b) Of the City. The City represents and warrants that it has the legal power, right and authority to execute this Agreement and perform its obligations hereunder, the execution of this Agreement in no way violates any of the terms or provisions of its charter or of any ordinance of the City or law of the Commonwealth of Virginia, and the persons executing this Agreement on its behalf have obtained all requisite approvals to such execution, including but not limited to the approval of the City Council of the City, and such persons have the power to execute this Agreement and to bind the City. - 4 - 6. Default, Cure. In the event of default of either party of its obligations hereunder, the non-defaulting party shall give notice of such default to the defaulting party, and in the event the defaulting party shall fail to cure such default within fifteen (15) days of such notice, the non-defaulting party shall have the right to pursue all remedies available to it at law or in equity. 7. Transfer of Title. The Developer and the City agree that, notwithstanding the Developer's continuing obligation to achieve final completion of the Road Project, title to all equipment and improvements within the right-of-way owned by the City shall vest in the City upon acceptance of the Road Project by the City. 8. Notices. All notices required or permitted hereunder shall be sent by certified mail, return receipt requested, Federal Express or other comparable overnight delivery service, or by facsimile (provided that confirmation thereof is delivered by certified mail or overnight delivery service providing for delivery against receipt) and shall be addressed as follows: AS TO DEVELOPER: R. S. Dickson & Company c/o Ruddick Investment Company 2000 First Union Center Charlotte, NC 28282 Attention: Ms. Julia A. Passmore Fax No.: 704-372-6409 AS TO CITY: Department of Planning Development Services Center (DSC) Municipal Center Virginia Beach, Virginia 23456 Fax: (804) 426-5667 Attention: DSC Coordinator or to such other address or addresses of which the party(ies) may advise the other party(ies) in writing from time to time. Any such notice shall be deemed given on the date indicated on the return receipt or delivery service records as having been given. 9. Miscellaneous. (a) Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute a single instrument. (b) Governing Law. This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters, whether of validity, interpretations, - 5 - obligations, performance, or otherwise, exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. (c) Compliance with Laws. The Developer shall comply with all federal, state, and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of its obligations under this Agreement, provided however, that any changes to laws, regulations or policies occurring after approval of the construction plans for the Project shall not alter or effect the Developer's responsibilities set out herein. The Developer represents that it possesses, or will possess, all necessary licenses and permits required to conduct its business and perfon-n its obligations hereunder. (d) Final Agreement, Modification. This Agreement and any completion, defect or other bonds provided by the Developer in connection herewith contain the full and final agreement of the Developer and the City as to the construction of the Project and the conveyances associated with the Project, and all other negotiations and discussions prior to the date hereof are merged into this Agreement. This Agreement may not be modified without the written consent of the party to be charged with such modification. (e) Authorization. The City acknowledges that it is in support of the Project and that the City Council has authorized the City Manager to execute on behalf of the City an agreement substantially in the form of this Agreement. (f) Assignment. Developer may assign its rights and duties under this Agreement but solely on the condition that the assignee posts a bond or letter of credit reasonably acceptable to the City in the full amount of the costs of, and conditioned upon completion of the Project to be constructed pursuant to this Agreement. The assignee need not post a bond or letter of credit as required herein if the Developer's general contractor has already posted such bond or letter of credit. No such assignment shall release the Developer from its obligations hereunder without the written consent of the City, which consent shall not be unreasonably withheld following the posting of a bond for the improvements and the assignee's written acknowledgment to the City of its acceptance of the Developer's obligations set forth in this Agreement. (g) Headings. The headings of paragraphs and subparagraphs within this Agreement are for ease of reference only and shall not be considered in interpreting or construing the provisions hereof. (h) Successors and Assigns. The terms of this Agreement shall be binding upon the parties hereto and their successors and assigns. - 6 - IN WITNESS WHEREOF, the Developer has caused this instrument to be executed pursuant to due authority. The City Manager of the City executes this Agreement on behalf of the City pursuant to authority granted (hini/ber) under Ordinance Number adopted by the City Council of the City of Virginia Beach on DEVELOPER: R. S. DICKSON & COMPANY, a North Carolina corporation By: Julia A. Passmore, Authorized Agent CITY: CITY OF VIRGINIA BEACH, a political subdivision of the Commonwealth of Virginia By: (Deputy) City Clerk Its: APPROVED AS TO CONTENTS: Director, Public Works APPROVED AS TO AVAILABILITY OFFUNDS Finance Department APPROVED AS TO RISK MANAGEMENT Risk Management Administrator 7 - APPROVED AS TO LEGAL SUFFICIENCY (Assistant) City Attomey - #5409(v 13) - 8 - CY U-i U < 0 x 4c, ull 1C) co a Et tx , 0 1 @ r) (L Lli bi 0 CY -i Co LLJ <LJ > @ 3 Lj Ln u <CY LFW- N Ln < j tn L'i LO LLJ cn LJ o o FE c (P Ln 0 w 0 0 00 < 00 11 < U) C.) LLi clj (N Lii T >1 7p o Er @@- < < CR Lij ft u u C m (r 0 < cr 0 L- fx > 0 ui ui 16U ai -K n M C3 ui z 0 ui - 45 - Item IV-J.6. ORDINANCES ITEM # 43554 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to TRANSFER $37,690 ftom the General Fund Reserve for Contingencies to the FY 1997-1998 Operating Budget ofthe Department Of Emergency Medical Services (EMS) re full funding of new Franchise Agreementsfor Lifeguard and Beach Equipment Rental Services. Voting: 10-1 (By Consent) Council Members Voting Aye. John A. Baum, LinwoodaBranch, III, William W Harrison, Jr., Harold Heischoher, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn C'ouncil Members Voting Nay. Nancy K. Parker C'ouncil Members Absent: None Council Lady Parker voted a VERBAL NA Y on the portion related to Virginia Beach Lifesaving Servicey (Resort Area). May 12,1998 i AN ORDINANCE TO TRANSFER FUNDS IN 2 THE AMOUNT OF $37,690 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 1997-98 OPERATING BUDGET OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES TO ENABLE THE DEPARTMENT TO FULLY FUND THE NEW FRANCHISE AGREEMENTS FOR 9 LIFEGUARD AND BEACH EQUIPMENT RENTAL IC, SERVICES WHEREAS, by ordinances adopted March 24, 1998, City @2 Council authorized the City Manager to enter into franchise agreements with three companies to provide lifeguard and beach ,14 equipment rental services at Sandbridge, the Resort Area, and 57th 15 Street, respectively; -6 WHEREAS, payments for these new contracts will be made in four installments on June 15, July 15, August 15, and September 30; -8 and i9 WHEREAS, there are insufficient funds budgeted in FY 20 1997-98 to make the June 15 payments. 2i NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That funds in the amount of $37,690 are hereby 24 transferred from the General Fund Reserve for Contingencies to the 25 FY 1997-98 Operating Budget of the Department of Emergency Medical 26 Services to enable the Department to fully fund the new franchise 2-/' agreements for lifeguard and beach equipment rental services. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the 12 day of May, 1998. 30 CA-6998 31 ORDIN\NONCODE\LIFECD.ORD 32 R 1 -33 MAY 5, 1998 -i4 APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY@ 36 -17 Management se@es D@artment Of Law -i 8 G:\DATA\ORDIN\NONCODS\LIF2GD.ORD 46 - Item IV-J.7. ORDINANCES ITEM # 43555 Marianna Berkley, 319-49th Street, expressed concerns relative the fences. Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize the City Manager to execute Encroachment Agreements with Oceanfront property owners adjacent to the proposed SEAWALL between 43rd and 58th Streets (VIRGINIA BEACH and LYNNHAVEN BOROUGHS), subject to: The following conditions shall be required. 1. Only the following improvements shall be permitted in the Encroachment Area; walkways, deckways, fences, grass, plants, shrubs and other similar nonpermanent improvements which are extensions of or consistent with such improvements existing or maintained on the Grantee's Property. Also, access stepsfrom the new seawall to the beach may be constructed where deemed appropriate by the City and such improvements and use shall be included and must comply with all conditions regarding the Encroachment Area. 2. All such improvements shall be maintained by the Grantee in a manner that will not unreasonably obstruct the view of the ocean or the amenities of the seashore. 3. The Grantee shall maintain such improvements and the Encroachment Area so as not to become unsightly or a hazard. 4. The Grantee shall exercise dominion and control over the Encroachment Area to prevent indiscriminate public use that may threaten or endanger the public health, safety, welfare and harmony within the Encroachment area andlor the Project and/or public improvements constructed thereon. 5. Such improvements, constructed and maintained in the Encroachment Area, will be used in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. 6 The City shall have no liability for personal injury or property damage arising out of the existence of any improvements or encroachments in or the use of the Encroachment Area pursuant to this Agreement. The Grantee shall indemnify and hold harmless the City, its officials, agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney,vfees in case it shall be necessary to file or defend an action arising out of the Grantee's construction and maintenance ofsuch improvements and use of the Encroachment Area. Nothing herein contained shall make the Grantee liable for damages or claims arising or resulting from the negligent acts of the City May 12, 1998 - 47 - Item IV-J 7. ORDINANCES ITEM # 43555 (Continued) 7. The City hereby reserves unto itself its officials, agents and assigns the right to construct, reconstruct, alter, operate and maintain utility and drainagefacilities in, under, upon and across the Encroachment Area, including the right ofingress and egress to same. The City shall not be liablefor any maintenance work whatsoever to the Encroachment Area except in conjunction with the Project or the exercise of its rights referenced above. 8. Except as provided in paragraph 9, no termination of this Agreement shall be effective until written notice of the City's intention to do so is given the Grantee, a public hearing is held and an Ordinance is adopted by City CounciL Notice of the time and place of the hearing shall be sent by registered or certified mail to the last known address of the Grantee as shown on the current real estate tax books. Upon termination, the Grantee shall bear all costs and expenses of such removal and cessation. If the Granteefails to remove such improvements or cease such use of the Encroachment Area, the City may remove the encroachments and prevent the use in any manner provided by law including but not limited to those remediesprovided in §1511- 893 of the Code of Virginia. 9. In situations that are deemed emergencies by the City Manager, the Grantee agrees to remove any walkways, deckways, fence(s), improvements, landscaping, or other obstructions or encroachments in the EncroachmentArea withinforty-eight hours of receipt of written notice requesting such removal If the Granteefails to remove, after written notice, the City will remove, or have removed by others, any impediment to access, maintenance or operation and the Grantee agrees to be responsible for the cost of removal and replacement of such obstruction or encroachment at its sole expense. Voting: 10-1 (council Members Voting Aye.- John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. Reba S McClanan ('ouncil Members Absent.- None May 12,1998 I AN ORDINANCE PERTAINING TO THE ADMINISTRATIVE 2 APPROVAL OF CERTAIN ENCROACHMENT APPLICATIONS 3 FOR PROPERTIES LOCATED ADJACENT TO THE MEW 4 SEAWALL TO BE ERECTED BETWEEN 43RD AND 58TH 5 STREET 6 WHEREAS, the City and Corps of Engineers have nearly 7 completed construction of Phase II of the Beach Erosion Control and 8 Hurricane Protection Project (the "Project") to erect improvements 9 and a new seawall east of the existing bulkhead adjacent to the 10 oceanfront lots between 43rd and 58th Street to forestall erosion 11 and preserve and enhance the beach; 12 WHEREAS, the City and adjacent oceanfront property owners 13 recognize and acknowledge that the area east of the oceanfront lots 14 is a seaside recreation area; 15 WHEREAS, the Project will create additional highland 16 between the east side of the oceanfront lots and the new seawall 17 (the "Encroachment Area"); 1-8 WHEREAS, the Encroachment Area needs to be maintained so 19 as not to become a health or safety hazard; 20 WHEREAS, several property owners owning lots adjacent to 21 the Encroachment Area wish to preserve the character of their 22 properties by constructing and maintaining encroachments within the 23 Encroachment Area that are consistent with the City's seaside 24 recreation area; 25 WHEREAS, City Council is of the opinion that allowing the 26 construction and maintenance of certain nonpermanent encroachments 27 within the Encroachment Area by the adjacent oceanfront property 28 owners will foster and promote the public health, safety, welfare 29 and harmony of the Encroachment Area, and accordingly encroachment 30 permits should be granted by the City Manager or his designee 31 provided the adjacent oceanfront property owners sign agreements 32 containing conditions as contained herein as well as the conditions @@3 in the form encroachment agreement attached hereto. 34 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 3 6 That the City Manager or his designee, upon proper 37 application to the Department of Public Works, is hereby authorized 38 to execute encroachment agreements in a form substantially the same 39 as the form encroachment agreement attached hereto. 40 Any encroachments granted pursuant to this Ordinance 41 shall be subject to the following conditions; 42 a) only the following improvements shall be permitted 43 in the encroachment area: walkways, deckways, fences, grass, 44 plants, shrubs and other similar nonpermanent improvements which 45 are extensions of or consistent with such improvements existing or 46 maintained on the adjacent oceanfront lot. Also, access steps from 47 the new seawall may be constructed where deemed appropriate by the 48 City and such improvements and use shall be included and must 49 comply with all conditions regarding the Encroachment Area. so b) All such improvements shall be maintained by the Si permittee in a manner that will not unreasonably obstruct the view 52 of the ocean or the amenities of the seashore. 53 c) The permittee shall maintain such improvements and 54 the Encroachment Area so as not to become unsightly or a hazard. 55 d) The permittee shall exercise dominion and control 56 over the Encroachment Area to prevent indiscriminate public use 57 that may threaten or endanger the public health, safety, welfare 58 and harmony within the Encroachment Area and/or the Project and/or 59 public improvements constructed thereon. 60 If it is determined that an application for encroachment 61 does not substantially meet the criteria listed above and the 62 conditions contained in the form encroachment agreement, then the 63 City Manager or his designee is expressly precluded from approving 64 the encroachment application. 2 65 Adopted by the Council of the City of Virginia Beach, 66 Virginia, on the 12 day of May, 1998 67 CA-6538 68 G:\DATA\FORMS\DEEDS\ENCROACH\CA6538.ORD 69 R-2 70 PREPARED: 2/24/97 '7 1 4/7/97 72 3/25/98 APPROVED AS TO CONTENTS DEP APPROVED AS TO LEGAL SUFFICIENCY AND FORK 44 HURRICANE PROTECTION PROJECT LOCATION MAP O' 'o N??o ONC -? @C THIS AGREEMENT, made this _ day of 1 19_, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, (the "City" and for indexing purposes, the "Grantor"), party of the first part, and #, ITS/HIS/THEIR/HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, (whether one or more, the "Grantee"). WITNESSETH: WHEREAS, the City and U. S. Army Corps of Engineers have constructed Phase II of the BEACH EROSION AND HURRICANE PROTECTION PROJECT (the "Project") erecting improvements and a new seawall east of the existing bulkhead adjacent to the oceanfront lots within a portion of the seaside recreation area known as Atlantic Boulevard between 43rd and 58th Street; and WHEREAS, the Grantee is the owner of certain oceanfront property having a street address of I Virginia Beach, Virginia 23451, more particularly described as Lot -1 Block -1 as shown on the plat of ("Grantee's Property"); and WHEREAS, the Project created additional highland between the east lot lines of the Grantee's Property and the new seawall (the "Encroachment Area"); and WHEREAS, it is the desire of the Grantee to preserve the character of their property by constructing and maintaining certain improvements within the Encroachment Area and access stairways that are consistent with the City's seaside recreation area; and GPIN: WHEREAS, in constructing and maintaining such improvements, it is necessary that the Grantee encroach into the Encroachment Area; and the Grantee has requested that the City grant a temporary encroachment to facilitate such improvements; and WHEREAS, this Agreement has been authorized by Ordinance No. adopted by the Council of the City of Virginia Beach on the - of 199---. NOW, THEREFORE, for and in consideration of the premises and the mutual benefits accruing or to accrue to the parties, the sufficiency of which is hereby acknowledged, the City does hereby grant to the Grantee a temporary encroachment to use the Encroachment Area for any purpose set forth below and subject to the following conditions: 1. Only the following improvements shall be permitted in the Encroachment Area: walkways, deckways, fences, grass, plants, shrubs and other similar nonpermanent improvements which are extensions of or consistent with such improvements existing or maintained on the Grantee's Property. Also, access steps from the new seawall to the beach may be constructed where deemed appropriate by the City and such improvements and use shall be included and must comply with all conditions regarding the Encroachment Area. 2. All such improvements shall be maintained by the Grantee in a manner that will not unreasonably obstruct the view of the ocean or the amenities of the seashore. 3. The Grantee shall maintain such improvements and the Encroachment Area so as not to become unsightly or a hazard. 4. The Grantee shall exercise dominion and control over the Encroachment Area to prevent indiscriminate public use that may threaten or endanger the public health, safety, 2 welfare and harmony within the Encroachment Area and/or the Project and/or public improvements constructed thereon. 5. Such improvements, constructed and maintained in the Encroachment Area, will be used in accordance with the laws of the Conunonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. 6. The City shall have no liability for personal injury or property damage arising out of the existence of any improvements or encroachments in or the use of the Encroachment Area pursuant to this Agreement. The Grantee shall indemnify and hold harmless the City, its officials, 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 Grantee's construction and maintenance of such improvements and use of the Encroachment Area. Nothing herein contained shall make the Grantee liable for damages or claims arising or resulting from the negligent acts of the City. 7. The City, hereby reserves unto itself, its officials, agents and assigns the right to construct, reconstruct, alter, operate and maintain utility and drainage facilities in, under, upon and across the Encroachment Area, including the right of ingress and egress to same. The City shall not be liable for any maintenance work whatsoever to the Encroachment Area except in conjunction with the Project or the exercise of its rights referenced above. 8 . Except as provided in paragraph 9, no termination of this Agreement shall be effective until written notice of the City's intention to do so is given the Grantee, a public hearing is held and an Ordinance is adopted by City Council. Notice of the time and place of the 3 hearing shall be sent by registered or certified mail to the last known address of the Grantee as shown on the current real estate tax books. Upon termination, the Grantee shall bear all costs and expenses of such removal and cessation. If the Grantee fails to remove such improvements or cease such use of the Encroachment Area, the City may remove the encroachments and prevent the use in any manner provided by law including but not limited to those remedies provided in § 15.1-893 of the Code of Virginia. 9. In situations that are deemed emergencies by the City Manager, the Grantee agrees to remove any walkways, deckways, fence(s), improvements, landscaping, or other obstructions or encroachments in the Encroachment Area within forty-eight hours of receipt of written notice requesting such removal. If the Grantee fails to remove, after written notice, the City will remove, or have removed by others, any impediment to access, maintenance or operation and the Grantee agrees to be responsible for the cost of removal and replacement of such obstruction or encroachment at its sole expense. IN WITNESS WHEREOF, the Grantee has executed this Agreement, and the City has caused this Agreement to be executed in its name and on its behalf by its City Manager or his authorized designee and attested by its City Clerk. CITY OF VIRGINIA BEACH BY City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 4 By (Seal) By (Seal) STATE OF CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 199-, by , City Manager/Authorized Designee of The City Manager, on behalf of the City of Virginia Beach, Virginia. Notary Public My commission expires: STATE OF CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _day of 1 199-, by Ruth Hodges Smith, City Clerk, on behalf of the City of Virginia Beach, Virginia. Notary Public My commission expires: 5 STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this _ day of 199-, by -(title) of on its behalf. Notary Public My commission expires: STATE OF CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this _ day of 1997, by (title) of on its behalf. Notary Public My commission expires: Ap,il 20, 1998 CA-6538 (ciscroach\AGREE.FR3) 6 - 48 - Item IV-J.8. ORDINANCES ITEM # 43554 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to authorize the Trustees of London Bridge Bapdst Church hold not more than thirty (30) acres of land in the City of Virginia Beach, between Potters Road and Route 44, including all land currently titled to allow for future expansion. (Sponsored by Councilman William W. Harrison, Jr.) Voting: 11-0 (By Consent) (.'ouncil Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay. None Council Members Absent: None May 12,1998 I Requested by Councilmember William W. Harrison, Jr. 2 AN ORDINANCE TO AUTHORIZE THE TRUSTEES OF 3 LONDON BRIDGE BAPTIST CHURCH TO HOLD NOT 4 MORE THAN 30 ACRES OF LAND IN THE CITY OF 5 VIRGINIA BEACH, VIRGINIA 6 WHEREAS, the Trustees of London Bridge Baptist Church 7 (the "Trustees") currently hold title to approximately 23 acres of 8 land consisting of approximately 3 acres of inaccessible and 9 unusable wetlands separated from the remainder of the Church 10 property by Route 44 and approximately 20 acres of contiguous 11 property located between Potters Road on the south and Route 44 on 12 the north; 13 WHEREAS, the Trustees desire to acquire approximately 5 14 acres of land adjacent to the existing Church property on the east is for future expansion; and 16 WHEREAS, Section 57-12 of the Code of Virginia of 1950, 17 as amended, limits to fifteen (15) acres the amount of land which 18 can be held by the Trustees without the adoption of an ordinance by 19 City Council authorizing the holding of title to more than fifteen 20 (15) acres, and the Trustees desire to comply with Section 57-12 of 21 the Code of Virginia of 1950, as amended. 22 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 23 BEACH, VIRGINIA: 24 That pursuant to the authority therefor contained in 25 Section 57-12 of the Code of Virginia of 1950, as amended, Felix 26 Reader, Luther Ives, Stan Bollinger, Paul Sutton, John Brown and 2'7 Bill Cummings, the current Trustees of London Bridge Baptist 28 Church, and their successors, are hereby authorized to take and 29 hold in the City of Virginia Beach, Virginia, not more than thirty 2 9 (30) acres of land (including all land currently titled in the 30 Trustees of the Church) at any one time if such acreage is to be 31 devoted exclusively, and is subsequently so devoted, to a church 32 building, chapel, cemetery, offices exclusively used for 33 administrative purposes of the Church, a Sunday-School building and 34 playgrounds therefor, and parking lots for the convenience of those 35 attending any of the foregoing, and a Church manse, parsonage or 36 rectory. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the 12 day of May, 1998. CA- 6984 G:\DATA\ORDIN\NONCODE\CA6984.ORD R-4 PREPARED: 04/16/98 APPROVED AS TO CONTENT SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENQY AND FORM 67 CITY ATTORNEY 14,g?-,9e 2 Fax : 486-7178 @pr 15 --I,7 :2 6 London Bridge Baptist Church ce t@? xcitement! 2460 Potters Rd Virginia Beach, Va. 23454 Phone: 757-486-7900 Fax: 757-486-3178 Tommy Taylor, Pastor April 15, 1998 Mr. Michael Nuckols Municipal Center Building 1 2401 Courthouse Drive Virginia Beach, VA 23456-9004 Dear Michael, To the best of our knowledge, London Bridge Baptist Church Trustees currently hold title to approximately 23 acres of land, including the small lot on the North side of Route 44, The church is in the process of procuring approximately 5 more acres located to the East of our current property. The new land will be used for church purposes, including plans to increase our parking and playground areas and to provide additional church educational and worship space, as our congregation continues to grow. In compliance with section 57-12 of the Virginia Code, we respectfully request that you prepare the appropriate ordinance authorizing our Church Trustees to hold title to not more than 30 acres. Please let us know if we can be of further assistance to you, in this endeavor. Thanks for your willing and helpful attitude, you have been extremely helpful Sincerely, B Senior Pastor GLBliml r d@, L40 -@IfO London Bridge Baptist Church 2460 Potters Rd ce citementl VirginiaBeach,Va 2345"+ Phone; 757-486-7900 Fax; 757-4 86-3 178 TomTny Taylor, Pastor March 20, 7998 Mr. Mike Nuckols Assistant City Attorney Virginia Beach, Virginia Dear Mr. Nuckols, The following names are London Bridge Baptist Church's official Church Trustees: 1. Luther Ives 2. Stan Bollinger 3. Paul Sutton 4. Felix Reader, Chairman 5. John Brown 6. Hill Cummings Thank you so much for your assistance in this matter. If you need further information, please give me a call at 486-7900. Sincerely, Greg Brinson, Senior Associate Pastor GLBljml LL III 4PI - 49 - Item IV-J.9a. OPDINANCES ITEM # 43555 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. GRAND LIMOUSINE Voting.- 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None ('ouncil Members Abstaining. Reba S. McClanan Council Members Absent. None Council Lady McClanan ABSTAINED on Item 9. a. (GRAND LIMO USINES), includes property in which her husband is involved May 12,1998 - 50 - Item IV-J.9.b. ORDINANCES ITEM # 43556 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED.- CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. ACE LIMOUSINE Voting: I I - 0 (By Co n s en t) C'ouncil Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn C'ouncil Members Voting Nay. None ('ouncil Members Absent: None May 12, 1998 - 51 - Item IV-J.9.b. ORDINANCES ITEM # 43557 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED: REFUNDS: License and Trustee Tax Refunds $ 6,690.31 License Refunds $124,247.49 Voting. I I - 0 (By Consent) (council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent. None May 12, 1998 AN ORDINANCE AUTHORIZING LICENSE AND TRUSTEE TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license and trust" tm refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID Bevacqua Enterprises Ltd. 1998 4/09/98 50.00 50.00 Bunting & Son Sheetmetal Inc. 1998 4/07/98 17.71 17.71 Hampton Roads Wireless Inc. 1998 4/14/98 365.56 365.56 Hutto Roofing Inc. 1995-1997 Audit 16.00 3.55 19.55 Shoups Transmission Inc. 1996-1997 Audit 20.31 3.52 23.83 Sun Cross Carpet & Fabric Care 1996-1998 Audit 40.01 40.01 Tidewater Figure Skating Club 1994-1997 1994-1997 490.38 490.38 Uni Marts Inc. 1995-1997 Audit 4,628.99 462.47 5,091.46 Virginia Beach Life Care Corp. 1996-1997 Audit 270.64 8.02 278.66 Wenner, Douglas R. 1996-1997 Audit 40.00 3.37 43.37 Zoby, Ronald A. 1998 4/03/98 269.78 269.78 rllflod as p Philip J. 11.rn Commissioner of the Revenue Approved as to form: L@ld L Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatements totaling $6,690.31 were approved by the Council of the City of Virginia Beach on the 12 day of May, 1998. Ruth Hodges Smith City Clark AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID A C A Corporation 1996-1997 Audit 311.75 68.04 379.79 Ann Edwards Travel Inc. 1995 Audit 133.54 38.03 171.57 Aragon* Auto Supply Inc. 1995-1997 Audit 39.73 39.73 Beach Car Wash Associates, L.L.C. 1997 Audit 1,665.46 145.aS 1,811.32 Cammorats, Lewis R. 1997-1998 Audit 3aa.78 33.45 402.23 Cooper, Gary 1996-1998 Audit 166.64 63.60 230.24 Deal, Mervin E. Jr. 1996-1997 Audit 43.81 3.81 47.62 Form Fresh Inc. 1997-1998 Audit 107,979.01 5,188.76 113,167.77 Forraboo, Jack E. 1997 Audit 181.12 10.77 191.89 First Too Inc. 1996-1997 Audit 19.27 0.53 19.80 Fort Worth Development Inc. 1995-1997 Audit 348.33 348.33 Fortune Garden Inc. #2 1996-1995 Audit 315.36 1.90 317.26 Gyro Systems Co. Inc. 1996-1998 Audit 18.01 18.01 Hilltop Florist Inc. 1996-1997 Audit 215.05 20.69 235.74 Honeycutt Prof Styling Product 1996-1998 Audit 237.27 43.12 280.39 Joan John* Inc. 1996-1997 Audit 1,747.40 225.47 1,972.87 Just Photo* Inc. 1996-1997 Audit 439.64 38.50 478.14 McGraw-Hill Inc. 1996-1997 Audit 84.81 15.35 100.16 Merchants Incorporated 1996-1997 Audit 384.89 33.70 418.59 Parnaff, Dawn R. 1994-1997 Audit 19.44 19.44 Pearlman Lederman & Reshefsky 1996-1997 Audit 401.38 34.82 436.20 PCA National Inc. 1996-1997 Audit 349.12 63.65 412.77 Pic N Pay Stores Inc. 1996-1997 Audit 646.86 117.92 764.75 Pipe Layers Unlimited Corp. 1998 Audit 40.00 40.00 Ronnie Petroleum Corporation 1997 Audit 604.41 51.82 $56.23 Restaurant Equip Parts/Sw LTD 1996-1997 Audit 121.42 22.27 143.69 Saunders, Frank, Long, H. & Elate 1996-1997 Audit 202.69 27.48 230.17 Schafer & Russo PC 1996-1997 Audit 96.00 96.00 Syran, John A., DDS, PC 1997 Audit 49.69 4.34 54.03 Toplitz, Jerry V. 1996-1997 Audit 10.00 0.87 10.87 Vinh Luc MD Inc. 1996-1997 Audit 103.34 18.02 121.36 Wings Garden Restr & Lounge i99a 4-15-98 65.37 65.37 X S Inc. 1995-1997 Audit 462.29 102.84 565.13 Certified as to @P h'i Commissioner of the Revenue Approved as to form: to-slifi L Utley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $124,247.49 were approved by the Council of the City of Virginia Beach on the 12 day of May, 1998 Ruth Hodges Smith City Clark - 52 - Item IV-K PUBLIC HEARING ITEM # 43558 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. R. LEWIS BOGGS STREET CLOSURE 2. VIRGINIA BEACH SCHOOL BOARD STREET CLOSURE 3. CLEARWATER INVESTMENT ASSOCIATES NONCONFORMING USE (Sheraton Hotel) 4. S.A.S. ASSOCIATES NONCONFORMING USE 5. TRUSTEES OF VIRGINIA BEACH UNITED CONDITIONAL USE PERMIT METHODIST CHURCH 6. JIM BRIGGS CONDITIONAL USE PERMIT 7. MARK E. AND CYNTHIA SUMMS CONDITIONAL USE PERMIT 8. ENTEPPRISE RENT-A-CAR CONDITIONAL USE PERMIT May 12,1998 53 - Item IV-K. PUBLIC HEARING ITEM # 43559 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Items 1, 2, 3, 4, 5, 6, 7 and 8 of the PLANNING BY CONSENT. Item K.1. and K.2 was AUTHORIZED FOR FINAL APPROVAL Item K.3. was DEFERRED INDEFINITELY. Voting.- 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None Council Lady Parker ABSTAINED on Item IV-6 (BRIGGS), as she and her husband have been friends with the applicants for many years. Councilman Heischober ABSTAINED on Item IV-8 (ENTERPRISE RENT-A-CAR), as the Heischober family are the owners and he is General Manager. May 12,1998 - 54 Item IV-K.1. PUBLIC HEARING ITEM # 43560 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED FINAL APPROVAL: Ordinance upon application of R. LEWIS BOGGS for discontinuance, closure and abandonment of the following (VIRGINIA BEACH BOROUGH):(Parcels 1 and 2): Parcel 1: Alleyway located between 29th and 30th Streets beginning at the Western boundary of Arctic Avenue and running in a Westerly direction to the Eastern boundary of Holly Road. Parcel 2: Alleyway located 140.15 feet North of 27th Street beginning at the Eastern boundary of Holly Road and running 49.93 feet in an Easterly direction (Parcels 1 and 2 contain 6086.45 square feet). Voting. 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay. None Council Members Absent.- None May 12,1998 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THOSE CERTAIN STREETS OR ALLEYWAYS AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "RESUBDIVISION PLAT AND 20' LANE CLOSURE OF PROPERTIES STANDING IN THE NAME OF FIRST SECURITY BANK, NATIONAL ASSOCIATION AS DESCRIBED IN DEED BOOK 3624 AT PAGE 257 AND R. S. DICKSON & COMPANY AS DESCRIBED IN DEED BOOK 3657 AT PAGE 307 AND DEED BOOK 3657 AT PAGE 311 LYNNHAVEN AND VIRGINIA BEACH BOROUGHS VIRGINIA BEACH VIRGINIA" PREPPARED BY LANGLEY & MACDONALD, P.C. AND DATED MAY 14,1997. WHEREAS, it appearing by affidavit that proper notice has been given by R. Lewis Boggs that he would apply to the Council of the City of Virginia Beach, Virginia, on October 24, 1995, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, First Security Bank, National Association, not individually and solely as owner trustee under the Ruddick Trust 1996-1 (hereinafter "Trustee"), acquired the interest of R. Lewis Boggs and others in connection with the closing of the below-described streets and alleyways; and WHEREAS, Trustee has complied with the conditions imposed by City Council to effect the final closing of the below described streets and alleyways; and WHEREAS, it is the judgment of the Council that such streets or alleyways be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: One: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, more particularly described as 20' LANE (M.B. 8, AT PG. 10) CLOSED BY VIRGINIA BEACH CITY COUNCIL, SEE NOTE #10, SHEET 4" on that certain plat (the "Plat") entitled "RESUBDIVISION PLAT AND 20' LANE CLOSURE OF PROPERTIES STANDING IN THE NAME OF FIRST SECURITY BANK, NATIONAL ASSOCIATION, AS DESCRIBED IN DEED BOOK 3642 AT PAGE 257 AND R. S. DICKSON & COMPANY AS DESCRIBED IN DEED BOOK 3657 AT PAGE 307, DEED BOOK 3657 AT PAGE 311 AND DEED BOOK 3732 AT PAGE 2037, LYNNHAVEN AND VIRGINIA BEACH BOROUGHS, VIRGINIA BEACH, VIRGINIA" dated May 14, 1997, prepared by Langley and GPIN: McDonald, P.C., which plat is to be recorded forthwith in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book _, at page(s) Two: ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia and designated as "20' LANE MAP BOOK 8 AT PAGE 10)" on the aforesaid Plat. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Adopted by the Council of the City of Virginia Beach, Virginia, on this 12 day of May, 1998. FINAL APPROVAL: May 12, 1998 CA-6104 APPROVED AS TO LEGAL SUFFICIENCY lrtinent Law Dep 2 pq I i I .-Ov lx 0 0 0 1 0 co LO a I a 0 I" 06)0 W- :zo 0 i (>O 0 0 iH5]d ;-Zo t-u Jr @,VM @C) ui cr) Lil LIM ri) w Lu Cl) (AVA@ og Hi 06 )It -,,i 0 Ln C\j C\i Lf) C:) 0 6 z LL Cl) (-I.2 z 00 z a) z @ cr cr S. O)q C(3 LL LU le z Ln ir C:) 0 Er z a) LU Ca 0 0 0 Lri 0 C:) 0 0 Lr) Er r4 Li] (t co $4 0 >1 4.J u-i rLi LL 0 u z Et co w 41) 0 PCI ai -6 cc: $4 0 co a: w LL, ;j ru w .0 w z. > ri Z.M @ Cr Lo bo rLi In Cl) ;4 to- 0 pq co z > co)- () 2z cw C', '44 0 w E 0 <w -ej co > ir co La ai 4.J :i 0 of w 0 C',z 0 Q) 4i cn - 55 - Item IV-K.2. PUBLIC HEARING ITEM # 43561 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED FINAL APPROVAL: Ordinance upon application of the VIRGINIA BEACH SCHOOL BOARD for the discontinuance, closure and abandonment of a portion of 15th Street: Petition of the Virginia Beach School Board for the discontinuance, closure and abandonment of a portion of 15' Street beginning at the Eastern boundary of Mediterranean Avenue and running in an easterly direction a distance of 325 feet. Said parcel is 50 feet in width and contains 16,250 square feet. VIRGINIA BEACH BOROUGH. Voting. I 1-0 (By Consent) Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn ('Ouncil Members Voting Nay.- None ('ounc,il Members Absent. None May 12,1998 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONT G A PORTION OF THAT CERTAIN STREET KNOWN AS 15TH STREET AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT OF PORTION OF 15TH STREET FROM THE CITY OF VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1"=50' 21 JANUARY 1998," PREPARED BY W. P. LARGE INC. AND ATTACHED HERETO AND MADE PART HEREOF. WHEREAS, it appearing by affidavit that proper notice has been given by the School Board of the City of Virginia Beach that it would make application to the Council of the City of Virginia Beach, Virginia, on March 3, 1998, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: All that certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, more particularly described as "15th STREET TO BE CLOSED BY THE CITY OF VIRGINIA BEACH CITY COUNCIL AREA = 03730 AC. OR 16,250 SQ. FT." as shown on that certain plat entitled "STREET CLOSLTRE PLAT OF PORTION OF 15TH STREET FROM THE CITY OF VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1"=50' 21 JANUARY 1998," prepared by W. P. Large, Inc. Said plat recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book , at page SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Adopted by the Council of the City of Virginia Beach, Virginia, on this 12 day of May, 1998. GPIN: FINAL APPROVAL: May 12, 1998 APPROVED AS TO LEGAL SUFFICIENCY 7< -- - Law Departfnent' u LO 49 zzoa SCHOOL ROARD OF VIRGINIA BEACH Closure cif r)c)rti(,!i )f 15t-h St. Virgiriia Beach Borough ci @ C; cl 00 no @ ci L) rn co CQ Z CT co ,O. co,! cw, ci co k= C6 CQ Cki ci Cq 92 LM 0 vi C6 Q6 rn 0 C,2 F5 cn (00i 'Od 2 'S'M) (,(VAf--iO-IHOW 09) 1/1 .9 I 3,ei,OISZ N 3 ZL,Di.9, N mow 00 9L 44 oo oot 3 ZI.O@SL N L4 .7,@i,oi N 10 (ov card -9d Z t4 A(O 001 6'ft Qs L q .7 Iziloiiz Af 44 4i g oow (ooi 'od Z 'On) - 56 - Item IV-K.3 PUBLIC HEARING ITEM # 43562 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED INDEFINITELY the Application of CLEARWATER INVESTMENT ASSOCIATES for enlargement of nonconforming use at the SHERATON HOTEL: ORDINANCE UPON APPLICATION OF CLEARWATER INVESTMENT ASSOCIATES FOR ENLARGEMENT OF A NONCONFORMING USE Ordinance upon application of Clearwater Investment Associates for enlargement of a nonconforming use at the Sheraton Hotel, Atlantic Avenue and 36th Street, Oceanfront, re construction of a seven-story hotel addition on the adjacent parking lot site. VIRGINIA BEACH BOROUGH Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nqv: None Council Members Absent.- None May 12,1998 - 57 - Item IV-K.4 PUBLIC HEARING ITEM # 43563 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Resolution upon application of S.A.S. ASSOCIATES for conversion/continuation of a nonconforming use. Application of S.A.S. ASSOCIATES for conversion/continuation of a nonconforming use at the Northeast corner of Atlantic Avenue and 31st Street re cosmetic improvements to the property and continued use of the site for indoor/outdoor recreational purposes, containing 18,750 square feet (VIRG17VIA BEACHBOROUGH), The following conditions shall be required: 1. Hours of operation shall be limited to 10:00 AM to 10:00 PM. 2. The previously approved petting zoo shall be entirely eliminated from the request. 3. Authorization herein set forth shall be valid for aperiod of one (1) year. Voting: 11-0 (By Consent) Council Members Voting Aye.- John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr, and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None May 12,1998 I A RESOLUTION AUTHORIZING THE 2 CONTINUANCE OF A NONCONFORMING USE ON PROPERTY LOCATED AT THE NORTHEAST 4 CORNER OF ATLANTIC AVENUE AND LASKIN ROAD, IN THE VIRGINIA BEACH BOROUGH 6 WHEREAS, S.A.S. Associates (hereinafter the "Applicant") '7 made application for and was granted authorization to convert an 8 existing indoor recreational facility consisting of an indoor 9 roller blade arena, a pinball/video arcade, a snack shop and a gift 10 shop situated on a parcel of land at the northeast corner of 1 Atlantic Avenue and Laskin Road, in the Virginia Beach Borough, to '2 an indoor recreational facility consisting of a pinball/video 13 arcade, a snack shop, a gift shop, a petting zoo with pony rides, 14 a moonwalk, a velcro wall, a magic land, football toss and various 1,5 other similar activities by City Council on May 23, 1995. 16 WHEREAS, the use was and continues to be a nonconforming 17 use; 18 WHEREAS, the Planning Director has administratively i9 renewed the authorization of the nonconforming use annually as 2C) conditioned by City Council. 21 WHEREAS, in view of land use activity and development 22 initiatives in the immediate area of the subject property, the 23 Planning Director has determined that it would be inappropriate to 24 continue the annual renewal of the nonconforming use 25 administratively; 26 WHEREAS, the Applicant is requesting that the 27 nonconforming use be permitted for one (1) additional year; and WHEREAS, in the absence of an administrative renewal, the 29 Applicant's request to continue the nonconforming use requires @i) approval by City Council. 3i NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: '3 That the City Council hereby finds that the establishment -@'4 be, and hereby is, authorized, upon the condition that the hours of 35 operation shall be limited to 10 o'clock a.m. to 10 o'clock p.m., 3 6 seven (7) days a week, and upon the further condition that the 1'7 previously approved use of live animals shall not be permitted. 38 The authorization herein sets forth shall be valid for a 39 period of one (1) year. 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the 12 day of May 1998. 42 CA-7004 43 ORDIN\NONCODE\SAS.RES 44 R-1 115 PREPARED: 05/04/98 46 APPROVED AS TO CONTENT: 4';' W@ 4@ Plannirfg- 49 APPROVED AS TO LEGAL SUFFICIENCY: Law 2 - 58 Item IV-K 5 PUBLIC HEARING ITEM # 43564 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of TRUSTEES OF VIRGINIA BEACH UNITED METHODIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TRUSTEES OF VIRGINIA BEACH UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R05982188 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Trustees of Virginia Beach United Methodist Church for a Conditional Use Permit for a church (expansion) on certain property located at the southeast corner of Pacific Avenue and 19th Street. Said parcel contains 1.446 acres. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. The conditional use permit is approvedfor the addition depicted in the submitted photo-enhanced rendering, shown to the Planning Commission on April 8, 1998, and on file with the Planing Department. The design, colors and materials of the approved addition will be substantially in keeping with the referenced rendering. 2. The building addition will be substantially in keeping with the submitted site plan entitled, "Additions to Virginia Beach United Methodist Church" dated March 4, 1998, and on file with the Planning Department. Approval is only for the proposed additions which face Pacific Avenue and 18" Street. The future additions planned for the 19th Street side of the property must be considered at a future date, when the church has specific plans drawn. 3. Landscaping for the project will be substantially in keeping with the landscape plan entitled "Proposed Site Plan prepared by B.H. "Pat" Bridges Landscape Architect" dated February 5, 1998, and shown to the Planning Commission on April 8, 1998. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council ofthe City of Virginia Beach, Virginia, on the Twelth of May, Nineteen Hundred and Ninety-Eight. Voting. I 1-0 (By Consent) Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent.- None May 12, 1998 - 59 - Item IV-K.6 PUBLIC HEARING ITEM # 43565 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of JIM BRIGGS for a Conditional Use Permit for mini-warehouses: ORDINANCE UPON APPLICATION OF JIM BRIGGS FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R05982189 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jim Briggs for a Conditional Use Permit for mini-warehouses on the north side of Virginia Beach Boulevard beginning at a point 182.5 feet east of Louisa Avenue. Said parcel is located at 1618 Virginia Beach Boulevard and contains 27,442.8 square feet. LYNNHAVEN BOROUGH The following conditions shall be required: 1. The site will be developed in accordance with the submitted site plan entitled "Oceana East Shopping Center - Expansion of Storage Facility " dated February 25, 1998 by Gallup Surveys & Engineers, Ltd. 2. Facades of the structures housing the proposed mini-warehouse units which face Virginia Beach Boulevard shall utilize materials and colors matching the brick or block of the existing shopping center or office/apartment structure. 3. The colored border around the top of the existing carwash building and the yellow concrete barricades must be removed. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May, Nineteen Hundred and Ninety-Eight. Voting: 10-0 (By Consent) Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay. None Council Members Abstaining: Nancy K. Parker Council Members Absent: None Council Lady Parker ABSTAINED, as she and her husband have been friends with the applicants for many years. May 12,1998 - 60 - Item IV-K.7 PUBLIC HEARING ITEM # 43566 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of MARK E. and CYNTHIA SUMMS, for a Conditional Use Permit for outside storage of vehicles: ORDINANCE UPON APPLICATION OF MARK E. AND CYNTHIA SUMMS FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R05982190 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mark E. & Cynthia Summs for a Conditional Use Permit for outside storage of vehicles on the north side of Quality Court beginning at a point 750 feet more or less east of Central Drive. Said parcel contains 4.761 acres. LYAWHAVEN BOROUGH. The following conditions shall be required: 1. Fencing, landscaping and lighting shall be installed in accordance with Sections 228 and 237 of the City Zoning Ordinance and the requirements of the Site Plan Ordinance. 2. The site shall comply with applicable stormwater management requirements. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May, Nineteen Hundred and Ninety-Eight. Voting. 11-0 (By Consent) Council Members Voting Aye.- John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None Item IV-K 8 May 12,1998 - 61 - Item IV-K.8 PUBLIC HEARING ITEM # 43567 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit or an auto rental establishment. ORDINANCE UPON APPLICATION OF ENTERPRISE RENT-A-CAR FOR A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR ESTABLISHMENT R05982191 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon application of Enterprise Rent-A-Car for a Conditional Use Permit for an auto rental establishment on the south side of Laskin Road beginning at a point 700 feet more or less east of Maxey Drive. Said parcel is located at 1877 Laskin Road and contains 5.035 acres. L YAWHA VEN BOROUGH The following conditions shall be required: 1. There shall be no more than twenty (20) vehicles available for lease at any time. The vehicles available for lease shall be parked in the area designated on the submitted site plan. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May, Nineteen Hundred and Ninety-Eight. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Abstaining: Harold Heischober Council Members Absent: None: Councilman HeischoberABSTAINED astheHeischoberfamilyaretheownersandheisGeneralManager, May 12,1998 62 - Item IV-L. APPOINTMENTS ITEM # 43568 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS. ARTS AND HUMANITIES COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS May 12, 1998 - 63 - Item VI-O. ADJOURNMENT ITEM # 43569 Mqvor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:44 P.M. Beverly 0. @ooks, CMCIAAE Chief Deputy City Clerk ---------- --------- -------- -------------- Ruth Hodges Smith, CMCIAAE Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia May 12, 1998