Minutes 02/28/2022 - Laserfiche WebLink

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February 28, 2023 Discussion:  This is an administrative “housekeeping” item to ensure that the City Code conforms to the requirements of state law. Financial impact:  None Recommended Action:  Adoption of the ordinance Next Steps Following Council Action:  The amendment will be forwarded to municode for incorporation into the City Code. Motion by Ms. Lucas-Burke, and seconded by Mr. Tillage, to adopt the following ordinance, and was adopted by the following vote: “ORDINANCE AMENDING AND RE-ORDAINING SECTION 7-32 OF CHAPTER 7 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (BUILDINGS AND BUILDING REGULATIONS; DIVISION OF BUILDING INSPECTION) FOR THE PURPOSE OF CONFORMING THE EDUCATION, EXPERIENCE, AND CERTIFICATION REQUIREMENTS FOR SERVING AS THE LOCAL BUILDING OFFICIAL TO THE VIRGINIA CODE.” Ayes: Barnes, Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover Nays: None 23 - 64 - Adoption of an ordinance amending and re-ordaining Section 35-135 of Chapter 35 of the Code of the City of Portsmouth, Virginia (Taxation; Environmental restoration sites) for the purpose of conforming the partial real estate exemption available for eligible environmental restoration sites to the Virginia Code and the standard practices of the relevant state agencies. Background:  The Virginia Voluntary Remediation Program (VRP) is an incentive program established under Section 10.1-1232 of the Virginia Code to encourage the clean-up of environmental contamination. Properties are eligible to participate in the program if they are contaminated by hazardous substances, hazardous wastes, solid waste or petroleum, the restoration of which would abate or prevent pollution to the atmosphere or waters of the Commonwealth.  To participate in the program, the property owner must submit evidence of the contamination and a proposed remediation plan to the Virginia Department of Environmental Quality (DEQ). If DEQ finds the nature of the contamination and proposed remediation plan acceptable, then it issues a letter determining eligibility to enroll the property into the VRP and the steps necessary to do so.  As an incentive for property owners to participate in the VRP, Section 58.1-3664 of the Virginia Code authorizes localities to treat property enrolled in the VRP under a separate tax classification for a period of not to exceed five years.  In 2006 the Portsmouth City Council adopted Section 35-135 of the City Code to establish the incentive program authorized by Section 58.1-3664.  Section 35-135 provides that over a five year period qualifying properties enrolled in the VRP are eligible for an abatement of the tax assessed on up to $3,000,000 of the assessed value of land and improvements (or $5,000,000 if the property is located in the City’s 2014 Enterprise Zone). Discussion:  Over time, the mechanics set forth in Section 35-135 to qualify for the tax abatement have diverged from the actual practice of DEQ in administering the VRP.