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SEPTEMBER 28, 2010 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, .11t., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RU'IA SWEETBELL/7TO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE C'I'TY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD BANAGAN (:17'Y AUDITOR - LYNDON S. REMIAS CI7'Y CLERK -- RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 28 SEPTEMBER 2010 CITY HALL B UILDINC 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-800_` PHONE: (757) 385-430. FAX (757) 385-5665 E-MAIL: Crycncl@vbgov.coie CITY MANAGER'S BRIEFING -Conference Room - A. UNAUDITED FY 2010 FINANCIAL STATEMENT Patricia Phillips, Director — Finance B. VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS Patricia Phillips, Director — Finance C. HOMELESS ASSISTANCE UPDATE Andy Friedman, Director — Housing and Neighborhood Preservation II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. B. C. CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION 4:00 PM 5:30 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Caroline Jinkins Associate Pastor First Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTIONS IN RECOGNITION a. Chesapeake Bay Wine Classic Foundation b. Max Bartoli and Ethan Marten — "Atlantis Down" September 14, 2010 2. RESOLUTION TO DECLARE: September 28`""Virginia Beach City Public Schools Day" 3. WESTERN BAYSIDE SUMMER CAMPS Barbara A. Brinson, Youth Opportunities Coordinator I. PUBLIC HEARINGS 1. LEGISLATIVE AGENDA FOR 2011 GENERAL ASSEMBLY 2. PERSONAL PROPERTY TAX EXEMPTIONS a. Back Bay Restoration Foundation Ltd. b. Lynnhaven River Now c. REN Group d. Virginia Beach Police Foundation, Inc. 3. DEPARTMENT OF JUSTICE Byrne Memorial Justice Assistance Grant J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinances to EXEMPT certain organizations from Personal Property Taxes: a. Back Bay Restoration Foundation, Ltd. b. Lynnhaven River Now c. REN Group d. Virginia Beach Police Foundation, Inc. 2. Ordinance to AMEND the Economic Development Investment Program (EDIP) Policy and Procedure and AUTHORIZE the Mayor to EXECUTE the amended Policy. 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Mutual Aid Agreement for Emergency Fire and Emergency Medical Services with Currituck County, North Carolina. 4. Resolution to DIRECT the City Auditor to conduct an audit of the Procurement Card Program. 5. Resolution to ENCOURAGE preservation of the Historic Brick Sidewalks at Cavalier Shores. 6. Ordinances to ACCEPT and APPROPRIATE: a. $314,485 from Federal revenue to the Department of Housing and Neighborhood Preservation FY 2010-11 Operating Budget to assist Homeless Veterans and other individuals b. $198,676 from the United States Department of Justice Edward Byrne Assistance Grant re: Public Safety and Criminal Processing as follows: (1) $50,000 to the Police Department and Sheriff re: fiber installation at the Law Enforcement Training Academy (2) $44,496 to the Police Department re: Digital Storage (3) $24,000 to the Circuit Court Clerk's Office re: Part-time Office Assistant (4) $44,000 to the Sheriff re: Courthouse Security Improvement (5) $18,720 to the Juvenile and Domestic Relations Court re: Records Expungement (6) $15,050 to Community Corrections and Pretrial re: Batterer's Intervention (7) $2,410 to Community Corrections and Pretrial re: Intoxilyzer c. $1,000 from the National Library Service (NLS) and $1,085 in donations to the Library Gift Fund re purchase of cartridges that enhance the use of NLS talking books and playback machines 7. Ordinance to TRANSFER $26,512 from the General Fund Reserve for Contingencies to the FY 2010-11 Operating Budget of the Clerk of the Circuit Court and APPROVE reinstatement of a full-time City position in the Clerk's Office L. PLANNING 1. Application of S. DAWSON and SUSAN P. STERLING for a Nonconforming Use to allow for an expansion of their existing dwelling at 801 Baltic Avenue. BEACH — DISTRICT 6 RECOMMENDATION DEFERRAL 2. Application of BEN JOHNSON for Modification of Condition No. 1 at 612 Nevan Road to expand the tattoo parlor into Suite 104. LYNNHAVEN — DISTRICT 5 RECOMMENDATION APPROVAL 3. Application of CAVALIER GOLF & YACHT CLUB c/o JOHN MILLESON, SR. for a Conditional Use Permit re an outdoor recreational facility at 1052 Cardinal Road. LYNNHAVEN - DISTRICT 5 RECOMMENDATION APPROVAL 4. Application of GAIL HARTS PERFORMING ARTS GROUP, INC./TIBBITT PROPERTIES ACREDALE, L.L.C. for a Conditional Use Permit re an indoor recreation facility at 5224 Indian River Road, Suite 113-116. KEMPSVILLE - DISTRICT 2 RECOMMENDATION APPROVAL 5. Application of OCEAN RENTAL PROPERTIES, LLC for a Modification of Conditional Change of Zoning (previously approved by City Council on September 12, 2000) at 3202 Holly Road to modify all previously approved Proffers to allow access from Holly Road in lieu of the approved access through the Huntwick Condominium development. BEACH - DISTRICT 6 RECOMMENDATION APPROVAL 6. Application of GEO I, L.L.C. c/o JOHN GEORGHIOU for a Change of Zoning District Classification from R-10 Residential to Conditional R -5D (WF) Residential at 4480 and 4488 Indian River Road to allow residential development with workforce housing. CENTERVILLE — DISTRICT 1 RECOMMENDATION INDEFINITE DEFERRAL 7. Application of LITTLE THEATRE OF VIRGINIA BEACH at 550 Barberton Drive to allow five (5) roadside guide signs in the public right-of-way along Birdneck and Laskin Roads in accordance with Section 211.1 of the City Zoning Ordinance (CZO). BEACH — DISTRICT 6 RECOMMENDATION APPROVE THREE (3) ROADSIDE GUIDE SIGNS M. APPOINTMENTS ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION VIRGINIA BEACH TOMORROW COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * .++++44.4+++++++++++++++++++++++++++++.4.++ : 4.!.4.4 ►. .4 • •♦ •� ►' .4 ••+S: : 1 `"-•-"--`"•4 .4 ►. ► .4 CITY COUNCIL :, ;: :4 : RETREAT 4 • .4 i ;� .' A w: 8:30 AM — 5:00 PM i + .4 * .. ►. �,. ►. .4 !: FRIDAY and SATURDAY .4 I January 21-22, 2011 .4 *• .4 ;: CONFERENCE ROOM .4 ► Suite 1000 .4 ;: 222 Central Park Avenue .4 * TOWN CENTER .4 *• .4 * .4 * .4 i# .4 it +�* 4.-s, 111.- +* +***♦ +. 4 4. .4, 4 4 4 4 .4 ►. CITY COUNCIL / SCHOOL BOARD "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010 Agenda 09/28/10gw www.vbwv.com 1 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 28, 2010 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re UNAUDITED FY 2010 FINANCIAL STATEMENT in the City Council Conference Room, Tuesday, September 28, 2010, at 4:00 P.M. Council Members Present: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Glenn R. Davis In Richmond, attending a Gubernatorial Reception celebrating the opening of the new Operation Smile Global Headquarters in Virginia Beach, [Rose Hall District] September 28, 2010 2 CITY MANAGER'S BRIEFING UNAUDITED FY 2010 FINANCIAL STATEMENT 4:00 P.M. ITEM # 60280 Patricia Phillips, Director — Finance, presented the Unaudited FY 2010 Financial Statement. Mrs. Phillips introduced and expressed appreciation to Don Barnett — Comptroller, and Aaron McCoy, Accountant III, who were very instrumental in preparing the Power Point. She also recognized all the individuals still working on the Financial Statement. On August 13, 2010, Finance "closed the books ". On December 14, 2010, the Comprehensive Annual Financial Report, (CAFR), containing audited financial statements for all funds, will be presented to City Council. Preliminary Status — Unaudited Results For Fiscal Year Ended June 30, 2010 ➢Status of Three Major Funds — General Fund — School Operating Fund — Water and Sewer General Fund Budget to Actual at June 30, 2010 % of BUDGET ACTUAL VARIANCE Budget REVENUES $ 1,051.7 $ 1,048.2 $ (3.5) -0.3% EXPENDITURES (1,095.4) (1,040.9) 54.5 5.0% EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ (43.7) $ 7.3 $ 51.0 FUND BALANCE - JULY 1 162.1 FUND BALANCE - JUNE 30 169.4 LESS: RESERVATIONS (67.4) UNDESIGNATED FUND BALANCE - JUNE 30 $ 102.0 Fund Balance as a percent of FY 2011 Revenues is 10.05% September 28, 2010 100% 80% 160% 160% t°- 0 20% 0% 3 CITY MANAGER'S BRIEFING UNAUDITED FY 2010 FINANCIAL STATEMENT ITEM # 60280 (Continued) FY201.0 General Fund Revenues Compared to Historic Trend at June 30;', 99.7% FY10 ACTUAL = $1,048.2M ANNUAL BUDGET = $1,051.7M 71.3% 42.8% 45.7% 55.3% 45.7% 49.5% 42.5% 1.9% 4.3% Jul 7o/o 14.0% 5.2% 9.5% Aug Sep Oct Nov Dec Jan Feb Mar —s®Rev Trend 444% of FY 10 Rev Budget Apr May June The General Fund Revenues compared to the Historic Trend at June 30, 2010, is 99.7%. Since June Thirtieth, approximately $63 -MILLION came from the State (Single largest personal property tax relief came in August, right at close out) There are many occurrences after June Thirtieth to make this Budget work. General Fund Revenues Budget to Actual at June 30, 2010 (in Millions) Budget Actual Variance Local $ 923.0 $ 923.5 $ 0.5 State 105.7 102.5 (3.2) Federal 23.0 22.2 (0.8) Total $ 1,051.7 $ 1,048.2 $ (3.5) September 28, 2010 -4 - CITY MANAGER'S BRIEFING UNAUDITED FY 2010 FINANCIAL STATEMENT ITEM # 60280 (Continued) General Fund FY2010 Local Revenue Variances (in Millions) Variance Real Estate $ 4.8 Personal Property (6.7) General Sales (0.9) Utility Taxes (0.7) Telecommunications Taxes (2.0) Business Licenses (2.5) Hotel Taxes (1.1) Restaurant Meals (1.1) Cigarette Taxes (0.4) Fines and Forfeitures (1.6) Virginia Aquarium (1.2) Interest (4.4) Other Local Revenue 0.1 SP SA Total Variance $ (17.6) 18.1 $ 0.5 Local Revenues were $17.6 -Million under Budget; however, because of an unbudgeted Revenue receipt from Southeastern Public Service Authority (SPSA), which had not been planned, the Local Revenues resulted in $0.5 -Million over. General Fund FY2010 State Revenue Val (in Millions) Constitutional Officers Reimbursements State Aid Law Enforcement Recordation Fee Maintenance of Roads Human Services Other Total Reductions Less: Estimated Original Budget Reduction Net Additional Variance Va 1 7) (0.6) (1.1) (0.9) (0.7) (5.3) 2.1 (3.2) September 28, 2010 Revenues Million -5 - CITY MANAGER'S BRIEFING UNAUDITED FY 2010 FINANCIAL STATEMENT ITEM # 60280 (Continued) Real Estate Tax Revenues June 30, 2006 — 2010 ($4.7M Over Budget) 060 - 020 -- SO $59.8 F1' 2008 FY 2007 FY 2008 FV 2008 Budget ■ Actual FV 2010 Personal Property Taxes - Loca June 30, 2006 — 2010 ($6.4M Under Budget) $81.7 679.8 73.1 $70.0 67.6 $64.4 68.1 664.2 FY 2008 FY 2007 FY 2008 FY 2009 FV 2010 ® Budget ■Actual September 28, 2010 6.0% 4.0% 2.0% 0.0% -2.0% -4.0% -6.0% -8.0% -10.0% 410 {O 'CC) J�i�O G�C�O P+ Oq. +V. PQM O' O �O Opt' � eMonthly % Change.. 280 250 $40 230 220 210 00 -6- CITY MANAGER'S BRIEFING UNAUDITED FY 2010 FINANCIAL STATEMENT ITEM # 60280 (Continued) General Sales Taxes June 30, 2006 — 2010 ($900K Under Budget) S50.8 S51.4- $53.4 $54.0 555 7 54.1 FY 2001 FY 2007 FY 2002 FY 2008 e Budget •Actual FY 2010 General Sales Taxes FY 2010 Monthly Change from Prior Year 0% September 28, 2010 I I -7- CITY MANAGER'S BRIEFING UNAUDITED FY2010 FINANCIAL STATEMENT ITEM # 60280 (Continued) 660 Business License June 30, 2006 — 2010 (S2.5 -Million Under Budget) 626 620 616 610 66 0 FY 2006 FY 2007 Hotel Room Taxes June 30, 2006 — 2010 ($1.1 -Million Under Budget) FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 ® Budget ■Actual September 28, 2010 460 440 r 840 1 3 se 820 410 40 -8 - CITY MANAGER'S BRIEFING UNAUDITED FY 2010 FINANCIAL STATEMENT ITEM # 60280 (Continued) Restaurant Meal Taxes June 30, 2006 - 2010 ($1.4 -Million Under Budget) $48.1 Sdg 848.7 $48.3 $49.8 848.4 FY 2004 FY 2007 FY 2008 FY 2009 ® Budget • Actual FY 2010 General Fund Expenditures For Fiscal Year Ended June 30, 2010 (in Millions) Budget Actual Variance % Savings City Expenses: Departments $ 611.5 $ 582.9 $ 28.6 Debt Service 41.3 33.8 7.5 Capital Projects 58.6 58.6 Total 711.4 675.3 36.1 5.1% Schools (City Funding): Operating Transfers $ 335.2 $ 317.5 $ 17.7 Debt Service 44.2 43.5 0.7 Capital Projects 4.6 4.6 - Total 384.0 365.6 18.4 2.6% Total Expenditures $ 1,095.4 $ 1,040.9 $ 54.5 5.0% September 28, 2010 -9 - CITY MANAGER'S BRIEFING UNAUDITED FY 2010 FINANCIAL STATEMENT ITEM # 60280 (Continued) General Fund FY2010 Expenditure Variances (in Millions) School Reversion City: Human Services 5.9 Police 4.8 Public Works 3.3 Fire 1.7 ComIT 1.4 Employee Special Benefits 1.1 Museums 1.1 Debt Service 8.2 Transfers 1.6 Other Depts 7.7 Total Variance 200 150 100 a S 50 Variance $ 17.7 $ 36.8 $ 54.5 Undesignated General Fund Balance 8.8% 63.1[ 9.3% .0' $96.6' 512; 0 1 2003 2004 2005 2006 5103..4 .4 592.7 1:=Undeslgnated GF Balance of Budgeted GF Revenue September 28, 2010 Percent of Total Expenditures 100% 80% 60% 40% 20% 0% - 10 - CITY MANAGER'S BRIEFING UNAUDITED FY 2010 FINANCIAL STATEMENT ITEM # 60280 (Continued) J1-7 FY2010 General Fund Expenditures Compared to Historic Trend at June 30, 201 95.0% Jul Aug Sep Oct Nov Dec Jan Feb Mur Apr May June Expenditure Trend 94. of FY10 Exp Budget General Fund Undesignated Fund Balancet June 30, 2010 (in Millions) Total Fund Balance June 30, 2010 Less: Reservations & Designations Loans Department Reservations Norfolk Southern Risk Management City CIP - 2011 School CIP - 2011 Net School Reversion Undesignated Fund Balance ..,,•$, ' ''''' , '' ' Percent of 13udge' Cs ,.. $ 9.8 3.4 5.0 2.8 27.4 4.1 14.9 67.4 10.05% September 28, 2010 YTD ACTUAL = $1,040.9M ANNUAL BUDGET = $1,095.4M 66.9% 73.9% , 44.3% 51.7% 59.4% 37.3% 28.4% s.r.,., 17.0% 9.8% Jul Aug Sep Oct Nov Dec Jan Feb Mur Apr May June Expenditure Trend 94. of FY10 Exp Budget General Fund Undesignated Fund Balancet June 30, 2010 (in Millions) Total Fund Balance June 30, 2010 Less: Reservations & Designations Loans Department Reservations Norfolk Southern Risk Management City CIP - 2011 School CIP - 2011 Net School Reversion Undesignated Fund Balance ..,,•$, ' ''''' , '' ' Percent of 13udge' Cs ,.. $ 9.8 3.4 5.0 2.8 27.4 4.1 14.9 67.4 10.05% September 28, 2010 I - 11 - CITY MANAGER'S BRIEFING UNAUDITED FY 2010 FINANCIAL STATEMENT ITEM # 60280 (Continued) School Operating Fund — Revenues & Expenditures For the Fiscal Year Ended June 30, 2010 (in Millions) Budget Actual Variance REVENUES: City $ 329.5 $ 329.4 $ (0.1) Local 2.9 2.7 (0.2) From Commonwealth 327.0 317.0 (10.0) From Federal Government* 28.3 32.2 3.9 Total Revenues $ 687.7 $ 681.3 $ (6.4) EXPENDITURES $ (701.5) $ (677.6) $ 23.9 Excess Expenditure Savings Over Revenue Variance 17.5 Prepaid Items 0.2 Total Reversion to City $ 17.7 * Includes $13.7 Million in ARRA Funding for Basic School Aid Water & Sewer Enterprise Fund Budget to Actual at June 30, 2010 (in Millions) Budget Actual Total Revenues $ 102.0 $ 100.0 Total Expenses (116.2) (100.4) Net Change $ (14.2) $ (0.4) September 28, 2010 I - 12 - CITY MANAGER'S BRIEFING UNAUDITED FY2010 FINANCIAL STATEMENT ITEM # 60280 (Continued) Summary > Fund Balance within Policy, higher than 2009 > (10.05% FY10 versus 8.9% FY09) > One time benefits > SPSA $18.1 -Million > Debt Service $8.2 -Million ➢ Departments continue to manage their budgets > Reductions in personnel have operating impacts ➢ Real Estate and Personal Property — impact on FY2011 — levy is down > Audited Financial Statements on December 14 ➢ Storm Water Revenues Refunding Bond for additional savings > November 23rd — First briefing on FY2011 The City Manager expressed appreciation to the Department Directors in terms of watching expenditures. September 28, 2010 - 13 - CITY MANAGER'S BRIEFING VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS ITEM # 60281 4:22 P.M. Patricia Philips, Director of Finance, presented information re a Comparison of Virginia Retirement System to a Defined Contribution System for Employee Pensions. Mrs. Phillips recognized David Hartzog, Payroll Administrator, who works closely with Virginia Retirement System, providing beneficial assistance. The Briefing will be focused on five (5) areas: Importance of Retirement Benefit Mayor's Committee on Pensions Virginia Retirement Plan — a Defined Benefit Defined Contribution Plans Proposed Legislative Package Item Importance of Retirement Benefits ® Recognition that retirement is part of employees' quality total compensation package ® Important for competiveness as an employer ® Fair to Taxpayers Mayor's Committee on Pensions Councilman Harry Diezel Chair Councilman Glenn Davis Vice Chair Jim Flinchum Managing Principal, Bay Capital Advisors Anthony Jernigan Hank Kim The Pinnacle Group Executive Director and Counsel for the National Conference on Public Employee Retirement Systems Tom Langley President, Langley and McDonald Kenny Pravetz Battalion Chief, Virginia Beach Fire Department - Report Issued September 3, 2010 Recommendation: Flexibility to determine how to continue to provide benefits in a way that is fair to both employees and taxpayers Not full agreement on best direction for future • Some want to maintain commitment to employees • Some want to require employees to participate in Defined Contribution Plan September 28, 2010 - 14 - CITY MANAGER'S BRIEFING VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS ITEM # 60281 (Continued) Virginia Retirement System (VRS) Defined Benefit Plan Not Based on Contributions • The Virginia Retirement System (VRS) is a Defined Benefit Plan • The Plan is funded by contributions from employers and members • Benefit is NOT based on how much has been contributed to the account. The Benefit is based on a formula which has been established by the General Assembly. The monthly Retirement Benefit is calculated using a formula based on compensation, years of service, and age at retirement. September 28, 2010 -15 - CITY MANAGER'S BRIEFING VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS ITEM # 60281 (Continued) Most Other Neighbor States Have Higher Income Replacement, But Employees Contribute Income Replaced / Employee Contribution Source: JLARC staff analysis of state retirement plan documentation, 2008. Note:. Va. Beach new employees hired 7-1-10 pay 5%. 4;74ettromitk:, 7". VRS and Social Security Benefits Replace More Than 80% of Pre -Retirement Income Compensation 100% 90 80 70 60 711 50 ii. o 40 30 a y aE 20 10 Before Social Security After Social Security Source: JLARC staff analysis of VRS and Social Security Administration data, 2008. September 28, 2010 -16 - CITY MANAGER'S BRIEFING VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS ITEM # 60281 (Continued) Funding VRS Benefits 0 INVESTMENT EARNINGS - PAY 68% OF ALL BENEFIT COSTS 0 EMPLOYER CONTRIBUTIONS - SET EVERY TWO YEARS, BASED ON ACTUARIAL ANALYSIS AND DEMOGRAPHICS 0 EMPLOYEE CONTRIBUTIONS - ESTABLISHED IN STATUTE AT 5% OF SALARY; MOST EMPLOYERS, INCLUDING VIRGINIA BEACH, PAY ON BEHALF OF EMPLOYEE NOTE: VIRGINIA. BEACH NEW EMPLOYEES PAY 5% EFFECTIVE 7-1-10 Virginia Beach Contributions Fiscal Year 1998 1999 (Percent of Payroll) Rate 11.88% 13.59% 13,.59% *Note: Enhanced benefit coverage for hazardous duty employees added for EMS employees 12/1/06. Increased multiplier to 1.85% for hazardous duty employees 1/1/08. Source: VRS Table 2 Virginia Beach Annual Contribution VRS Pension 18,00 16.00 14.00 12.00...,,., 10.00 .6.00 ;x 6i as September 28, 2010 - 17 - CITY MANAGER'S BRIEFING VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS ITEM # 60281 (Continued) Comparison of Nla jor Benefit Provisions for 'meal Employees Current Employees and New Employees 07-01-10 PLAN 1 PLAN 2 Benefit Formula: -General Employees -Public Safety AFC Calculation AFC x YRS Service x .0170 AFC x YRS Service x .0185 (plus $12,456 annually until social security) 3 Highest Years No Change No Change 5 Highest Years Unreduced Retirement: -General Employees -Public Safety COLA 50 Years Old/30 years Service 50 Years Old/25 Years Service First 3% of CPI + Next 4% of CPI x 0.5 Cap of 5% Age and Service = 90 No Change First 2% of CPI + Next 8% of CPI x0.5 Cap of 6% Local Employee Contribution -as set forth in #HB1189 and contribution on current state Currently 5% paid by City No option to change H830 (BUDGET) (State Budget (H1330) does not impose employee employees; does require 5% contribution for new State Optional 0-5% Selected VRS Information for Virginia Beach o Current VRS rate paid by City: 17.58% of payroll: $50.5m o Sworn Officers 23.19% of payroll o General Employees 14.53% of payroll ()Actuarial study projects rates will increase 1.5% more in FY13 to total of 19.13% o City of Virginia Beach VRS has an Unfunded Liability of $275.1 -Million at June 30, 2009, or 80% funded (most recent data, based on 2008 data) o In 2002 Unfunded Liability was $23 -Million or 97% funded September 28, 2010 -18 - CITY MANAGER'S BRIEFING VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS ITEM # 60281 (Continued) Unfunded Liabilities at June 30, 2009 o VRS state employees:$2.9-Billion ® Teachers (entire state): $8.1 -Billion o Total local employees in VRS: $2.2 -Billion ® The City of Virginia Beach: $275.1 -Million, or 80% funded 84% funded ® Caused by investment performance and actuarial assumptions different than actual �, ,,, •s�riwa �� n, ...ff .. � ,r9��,, �dt „a..... ,. , t��a�.,,iS�u�� ,r �_._. �, �.��4�i�1( The 2009 information is based on 2008 data. This number is expected to be much greater than the actuarial study Virginia Retirement System Investment Performance Summary As of June 30, 2010 10 Year 5Year 3 Year 1 Year Quarter Month Fiscal YTD Calendar YTD - 0.8% 14.1% - 0.5% September 28, 2010 - 19 - CITY MANAGER'S BRIEFING VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS ITEM # 60281 (Continued) Examples of Modifications to Defined Benefit Plan • Many states have changed benefits for new members (and in some cases current members) o Increase employee contribution ® Increase age and service requirements Normal retirement 65 age Actual average 62/30 Year o Longer periods for average final compensation (AFC) o Caps on salary or on benefits ® Reductions on multiplier JLARC Study Retirement Benefits Less Important for New Employees: ® Rarely an employer's primary recruiting tool ® Less than 1/2 of employees agreed that VRS retirement plan played significant role in decision to work for State ■ Ranked 4th as reason to work for the State Retirement Benefits Retain Longer -Tenured Employees: ® 93% of agencies agreed O 3/4 of employees within 5 yrs of retirement agreed o More important for longer tenured than for recently hired employees (Mercer) JLARC September 28, 2010 - 20 - CITY MANAGER'S BRIEFING VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS ITEM # 60281 (Continued) Future (,-.) It is unlikely future investment performance will resolve underfunding (4) Funded status will decline further ® GASB Preliminary Views Pension Accounting and Financial Reporting - Portion of unfunded liabilities will be recorded on the employer's balance sheet beginning in 2013 - Changes in discount rate - Annual rates paid by City will be high s ® Potential solutions Plan desifjn changes More funding $ Defined Benefit Plans Like VRS Have Been the Choice for Decades The number of defined contribution and hybrid plans is growing South Carolina Montanalter Colorado District of Columbia Some have switched back! tamegyatsimatelmafiatz September 28, 2010 - 21 - CITY MANAGER'S BRIEFING VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS ITEM # 60281 (Continued) Defined Benefit (DB) Plans More Cost Effective ® DB less expensive than DC for same level of benefit • Longevity risk pooling in DB saves 12% • Maintenance of portfolio diversification saves 5% ▪ DB superior return save 26% ® Study by AON consulting ® "No one can dispute that public pension plans have efficiently and prudently discharged their responsibilities to provide stable and secure income streams — a record that DC is unlikely to achieve" — Girard Miller !;04,ThigiY3AZINE0930.3if „v110:1101111111111111111,i0,,,,a. ® No implicit or explicit guarantee of retirement income ® Employers (and usually employees) contribute to plan over career ()Amount of funds in account to meet retirement needs depends on: 1, amount of "ER" and "EE" contributions 2. investment returns 3. lifespan 4. individual investment portfolio management ® Employee bears investment risk !ilinatill,11,111111011; Aildegtat,i,MimertM;11z4zrtgi,:;-;!,a, September 28, 2010 -22 - CITY MANAGER'S BRIEFING VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS ITEM # 60281 (Continued) Advantages and Disadvantages of Defined Benefit and Defined Contribution Plans DEFINED BENEFIT Advantages: ✓ Employees are guaranteed specific benefit for life at time of retirement V Benefit amount is formula driven including years of service and salary ✓ Rewards long term employees ✓ More cost effective than DC plans to provide the same level of benefit Disadvantages: o Employer responsible to ensure system has sufficient funds o Requires actuarial projections o Difficult to include in budget projections Advantages: ✓ Employees and employer contribute a specific amount each period ✓ Employee is responsible for investment decisions ✓ Tends to be more portable ✓ Generally has shorter vesting period ✓ Easier to administer ✓ Easy to include in budget projections Disadvantages: o Employee is not guaranteed specific amount at retirement o Less cost effective than DB plans to provide the same level of benefit Proposed Legislative Package Item ® Amend Code of Virginia to enable Virginia localities to: ® Develop a Defined Contribution Plan instead of the current VRS Defined Benefit Plan for new employees • At new employee's option • Full portability ® Option: allow Virginia Beach to be able to develop its own Defined Contribution Plan as a model for the State September 28, 2010 - 23 - CITY MANAGER'S BRIEFING HOMELESS ASSISTANCE UPDATE 4:47 P.M. ITEM # 60282 Andrew Friedman, Director — Housing and Neighborhood Preservation, advised the purpose of the presentation. • To respond to Council's request for public input regarding ways to enhance resources to address Homelessness • To provide options for consideration • To provide for dialogue and understanding Mr. Friedman distributed a summary entitled "How People With Housing Crises Get Housed and Stay Housed in Virginia Beach ", which is hereby made a part of the record. Many individuals, in and outside of city government, are already working hard to help the Homeless and to end Homelessness. The City Council adopted a Ten Year Plan to End Homelessness in 2007. Virginia Beach is partnering internally with churches and non profits and externally with our neighboring localities to make progress. In the current budget, there is significant funding allocated for the replacement of the Lighthouse Center and for many of the activities listed on the handout. Our Approach to the Issue • We understood that City Council wanted input from those who are involved and knowledgeable • We understood that an increase of resources would most likely be one-time • We understood that reasonably quick turn -around was desired • We wanted to provide a "menu" of choices so that City Council had the opportunity to choose more than one option • We were looking to identify Raps that aren't, or can't be filled with existing funding sources or programs Who Housing and Neighborhood Preservation Involved • Michael Knockett Family: Letter sent to Attorney LaMondue on Friday 9/10 (no response as of Thursday 9/23) • BEACH — the Faith, non-profit and City partnership • VBHARP — the Virginia Beach Homeless Advocacy and Resource Partnership, which consists of agencies serving the Homeless and receiving funds as part of our continuum of care • OEC - the RAC/Oceanfront Enhancement Committee • "Hope in the Upper Room" — which consists of currently Homeless persons working on improvement initiatives • Homeless persons at the Lighthouse Center and Judeo Christian Outreach Center September 28, 2010 I - 24 - CITY MANAGER'S BRIEFING HOMELESS ASSISTANCE UPDATE ITEM # 60282 (Continued) • All the ideas from the groups consulted were consolidated into a list of short, medium and long-term actions • A meeting was convened of the Planning committee of the BEACH Partnership • BEACH added new items to the list • They voted, using "dot" voting, to indicate priorities within each grouping • The following charts depict the short, medium and long-term items and the relative priorities voted by the group • Staff reviewed the group voting and identified recommendations for City Council's consideration Short Term Items Item % of Votes in this Category Comment Funding for medical, dental, pharmaceutical assistance, identification, transportation and daily living supplies * 76% Specific uses would be recommended by the committee overseeing the donation meter program Homelessness Prevention for People aging out of Foster Care 18% This is probably more appropriately a medium-term program Move -in packages for Homeless persons moving into permanent housing 6% *Top Priority Medium term items Item % of Votes in this Category Comment Piot Program for Summer Shelter 33% Lengthen Winter shelter program 10% Medical Assistance Funding* 35% Employment Assistance 7% Housing Assistance 13% *Top Priority September 28, 2010 II I - 25 - CITY MANAGER'S BRIEFING HOMELESS ASSISTANCE UPDATE ITEM # 60282 (Continued) Long-term items II I Item % of Votes in this Category Comment Fund a new efficiency apartment project in Virginia Beach — like Cloverleaf 4% These items are not mutually exclusive. Fund a regional "Healing Place" for substance abuse recovery and treatment 15% Finding land for facilities that serve the Homeless is the most difficult part of our work; therefore, action to identify and secure land was the top priority. Endow enhanced services at the new Lighthouse Center 7% The "Healing Place", that would provide shelter, transitional housing and Close the funding gap for the Lighthouse 4% peer -based counseling and recovery services for those with substance abuse problems Build a shelter facility 4% is a project already in progress that will need a site. Make land available for a shelter and other facilities to assist ending homelessness 31 % Through the regional task force, a Business Plan is being developed *Establish a "land trust" to obtain and make land available for housing and shelter facilities 38% and various other aspects are being worked on. *Top Priority Staff Recommendations Item Suggested Amount Comment Funding for basic living assistance, including medical, dental, Pharmaceutical assistance, identification, transportation and daily living supplies $ 25,000 This could help people in significant ways within a few months. Funding would be added to the "Donation Meter" fund and allocated based on recommendations of a stakeholder group at the oceanfront. Grants would be made based on proposals received from providers. Medical Assistance Funding $ 50,000 This has been identified as a severe and significant need — everything from housing for people recovering from surgery, to transportation to appointments, to basic medical supplies. This would be development of a program beyond the short term funding. Provide funding and staff support to support the location of a site and establishment of a Healing Place $100,000 Funding for ongoing required program planning to identify and secure a location would accelerate the project, increase its likelihood of success. September 28, 2010 I - 26 - CITY MANAGER'S BRIEFING HOMELESS ASSISTANCE UPDATE ITEM # 60282 (Continued) Mr. Friedman referenced Medical Assistance Funding. There are Homeless individuals receiving medical care, but being discharged within twenty-four (24) hours of surgery, having no access to housing or ability to get to their follow-up appointments. This item is not funding medical procedures, it is simply assisting individuals recover or obtain access to the medical care available. Mr. Friedman displayed a photograph of South Bay Efficiency Apartments for the Homeless. This facility is under construction in Portsmouth and also supported by Virginia Beach, Norfolk and Chesapeake. The City Manager advised the funding would come from the Reserve for Contingencies. BY CONSENSUS, an Ordinance re funding for Homeless will be SCHEDULED for the City Council Session of October 12, 2010. September 28, 2010 -27 - CITY COUNCIL COMMENTS 4:58 P.M. ITEM # 60283 Councilman Dyer referenced a constituent's request for City Council and staff to consider Urban Archery Season for deer hunting. The Virginia Department of Game and Inland Fisheries established this to help keep the deer population down in urban areas. There are thirty (30) cities in the Commonwealth who are participating. ITEM # 60284 Councilman DeSteph advised today, September 28, 2010, was the Grand Opening of the SEAL Heritage Center, which is basically the Navy's Special Operations Warfare Community Center for the SEALs and their families. Last evening, there was a reception for the donors. Councilman DeSteph distributed a photograph, of Captain Bill Shepherd, the First SEAL in Outer Space with three (3) Space missions (one on a Russian Space Shuttle), Admiral Olson, the first Two, Three and Four Star Navy SEAL, first United States SOCOM Navy SEAL, and was awarded the Silver Star for Bravery. Said photograph is hereby made a part of the record. Mayor Sessoms also attended the event. The SEAL Heritage Center was built by donations. The Navy gave them the land. ITEM # 60285 Council Lady Henley requested an updated briefing re the Transit Study be provided to City Council. Council Lady Henley was particularly concerned re the access of this facility and how it will reach out to the entire City. The City Manager shall schedule a Briefing. ITEM # 60286 Council Lady Bellitto referenced good news on the School side our current "Teacher Of The Year", Karen Drosinos of Pembroke Elementary has recently announced she is the "2011 Virginia Region II Teacher of the Year ". There are eight (8) regions in the State thus, she is one of eight Finalists for State Teacher of the Year. ITEM # 60287 Mayor Sessoms praised the Thirty -Seventh Annual Virginia Beach Neptune Festival. This was a spectacular weekend, September 24 — 26, 2010. This was a spectacular event consisting of a Grand Parade, North American Sand sculpting Championship, Volleyball Tournament, Fireworks Extravaganza, Surfing Classic, Neptune's 8K/5K/1 Mile Run and Endless Summer Beach Bash. September 28, 2010 I - 28 - AGENDA REVIEW SESSION 5:03 P.M. ITEM # 60288 Resolution re Recognition of the high honor of Virginia Beach Schools being named 51h Best Large City Public School Division in the Nation. This Resolution shall be PRESENTED and ADDED to the Consent Agenda. ITEM # 60289 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K ORDINANCES/RESOLUTION 1. Ordinances to EXEMPT certain organizations from Personal Property Taxes: a. Back Bay Restoration Foundation, Ltd. b. Lynnhaven River Now c. REN Group d. Virginia Beach Police Foundation, Inc. 2. Ordinance to AMEND the Economic Development Investment Program (EDIP) Policy and Procedure and AUTHORIZE the Mayor to EXECUTE the amended Policy. 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Mutual Aid Agreement for Emergency Fire and Medical Services with Currituck County, North Carolina. 4. Resolution to DIRECT the City Auditor to conduct an audit of the Procurement Card Program. 5. Resolution to ENCOURAGE preservation of the Historic Brick Sidewalks at Cavalier Shores. 6. Ordinances to ACCEPT and APPROPRIATE: a. $314,485 from Federal revenue to the Department of Housing and Neighborhood Preservation FY 2010-11 Operating Budget to assist Homeless Veterans and other individuals September 28, 2010 I -29- AGENDA REVIEW SESSION ITEM # 60289 (Continued) b. $198,676 from the United States Department of Justice, Edward Byrne Assistance Grant, re: Public Safety and Criminal Processing: $50, 000 to the Police Department and Sheriff re: fiber installation at the Law Enforcement Training Academy $44,496 to the Police Department re: Digital Storage $24, 000 to the Circuit Court Clerk's Office re: Part-time Office Assistant $44, 000 to the Sheriff re: Courthouse Security Improvement $18, 720 to the Juvenile and Domestic Relations Court re: Records Expungement $15, 050 to Community Corrections and Pretrial re: Batterer's Intervention $2,410 to Community Corrections and Pretrial re: Intoxilyzer c. $1, 000 from the National Library Service (NLS) and $1, 085 in donations to the Library Gift Fund re purchase of cartridges that enhance the use of NLS talking books and playback machines 7. Ordinance to TRANSFER $26, 512 from the General Fund Reserve for Contingencies to the FY 2010-11 Operating Budget of the Clerk of the Circuit Court and APPROVE reinstatement of a full-time City position in the Circuit Clerk's Office September 28, 2010 - 30 - A GEN DA REVIEW SESSION ITEM # 60290 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of S. DAWSON and SUSAN P. STERLING for a Nonconforming Use to allow for an expansion of their existing dwelling at 801 Baltic Avenue. BEACH— DISTRICT 6 2. Application of BEN JOHNSON for Modification of Condition No. 1 at 612 Nevan Road to expand the tattoo parlor into Suite 104. LYNNHAVEN— DISTRICT 5 3. Application of CAVALIER GOLF & YACHT CLUB c/o JOHNMILLESON, SR. for a Conditional Use Permit re an outdoor recreational facility at 1052 Cardinal Road. LYNNHAVEN - DISTRICT 5 4. Application of GAIL HARTS PERFORMING ARTS GROUP, INC./TIBBITT PROPERTIESACREDALE, L.L.C. for a Conditional Use Permit re an indoor recreational facility at 5224 Indian River Road, Suite 113-116. KEMPSVILLE - DISTRICT 2 5. Application of OCEAN RENTAL PROPERTIES, LLC for a Modification of a Conditional Change of Zoning (previously approved by City Council on September 12, 2000) at 3202 Holly Road to MODIFY all previously approved Proffers to allow access from Holly Road in lieu of the approved access through the Huntwick Condominium development. BEACH - DISTRICT 6 6. Application of GEO I, L.L.C. c/o JOHN GEORGHIOU for a Change of Zoning District Classification from R-10 Residential to Conditional R -5D (WF) Residential at 4480 and 4488 Indian River Road to allow residential development with Workforce Housing. CENTERVILLE — DISTRICT 1 7. Application of LITTLE THEATRE OF VIRGINIA BEACH at 550 Barberton Drive to allow five (5) three (3) Roadside Guide Signs in the public right-of-way along Birdneck and Laskin Roads in accordance with Section 211.1 of the City Zoning Ordinance (CZO). BEACH— DISTRICT 6 Item LI. (S. DAWSON and SUSAN P. STERLING for a Nonconforming Use) and Item L. 6 (GEO I, L.L.C. c/o JOHN GEORGHIOU for a Conditional Change of Zoning) shall be DEFERRED INDEFINITELY. September 28, 2010 I -31- ITEM # 60291 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY. Discussion or consideration of the, acquisition, or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Bayside District LEGAL MATTERS: Consultation with legal counsel or briefings by staff members or consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A) (7). City of Virginia Beach v. C. W. Williams and Company and Fire Dex Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:06 P.M. September 28, 2010 - 32 - ITEM # 60291 (Continued) Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis [Closed Session: 5:06 P.M. — 5:25 P.M.] In Richmond, attending a Gubernatorial Reception celebrating the opening of the new Operation Smile Global Headquarters in Virginia Beach, [Rose Hall District] September 28, 2010 - 33 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 28, 2010 Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, Tuesday, September 28, 2010, at 6:00 P.M Council Members Present: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Glenn R. Davis INVOCATION: Reverend Caroline Jinkins Associate Pastor First Presbyterian Church In Richmond, attending a Gubernatorial Reception celebrating the opening of the new Operation Smile Global Headquarters in Virginia Beach, [Rose Hall District] PLEDGE OFALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. September 28, 2010 - 34 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identing any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. September 28, 2010 Item V -E.1 CERTIFICATION - 35 - ITEM # 60292 Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #60291, Page 31, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk September 28, 2010 Item V -F. MINUTES - 36 - ITEM # 60293 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 14, 2010: Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis Council Members Abstaining: Rosemary Wilson Rosemary Wilson ABSTAINED as she was participating in the Hampton Roads Chamber of Commerce 's "World Expo 2010 in Shanghai, China ", September 14 - 22, 2010. Council Lady Wilson was not in attendance for the City Council Session of September 14, 2010. September 28, 2010 I - 37 - Item V G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60294 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED to the Consent Agenda: Resolution to DECLARE September 28, 2010 "Virginia Beach City Public Schools Day". (5th Best Large City Public School Division in the Nation) Resolution RECOGNIZING Chesapeake Bay Wine Classic Foundation's 20th Anniversary and more than $3-M charitable funds raised Resolution RECOGNIZING Max Bartoli and Ethan Martin for choosing Virginia Beach for the filming of "Atlantis Down" September 28, 2010 1 - 38 - RECOGNITION OF BOY SCOUTS ITEM # 60295 Mayor Sessoms RECOGNIZED THE FOLLOWING Boy Scouts and their leaders: Boy Scout Troop 660 Kempsville Billy Bingham Sebastian Pommerenk Leader: Laura Pommerenk II 1 Mayor Sessoms presented each Scout with a City Seal Pin. These young men are working on their Citizenship in the Community Merit Badge. September 28, 2010 Item V -G.2. ADDED - 39 - ITEM # 60296 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADDED to the Consent Agenda: Resolution to DECLARE September 28, 2010 "Virginia Beach City Public Schools Day". (51" Best Large City Public School Division in the Nation) Resolution RECOGNIZING Chesapeake Bay Wine Classic Foundation's 201" Anniversary and more than $3-M charitable funds raised Resolution RECOGNIZING Max Bartoli and Ethan Martin for choosing Virginia Beach for the filming of "Atlantis Down" Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 I Item V -H.1. MAYOR'S PRESENTATIONS Mayor Sessoms PRESENTED: - 40 - ITEM # 60297 Resolution in Recognition II Resolution to DECLARE September 28, 2010 "Virginia Beach City Public Schools Day". (5th Best Large City Public School Division in the Nation) GreatSchools analyzed 17,377 cities to idents the "Best Public School Districts" by population and median home price. Ratings were based on a number of factors, such as performance on state standards and the most recent data from the National Assessment of Education Progress (NAEP). Virginia Beach City Public Schools was cited for the high performance of its students, namely its rising scores on the SAT, Advanced Placement tests above the national average, state awards for excellence for most of its schools, the high percentage (84 percent) of students planning to pursue higher education, its listing of many of its eleven (11) high schools in Newsweek's annual report of the "Best United States High Schools" and its posting a graduation rate of nearly 83 percent, which is above the state average. September 28, 2010 RESOLUTION RECOGNITION OF THE HIGH HONOR OF VIRGINIA BEACH SCHOOLS BEING NAMED 5TH BEST LARGE CITY PUBLIC SCHOOL DIVISION IN THE NATION WHEREAS, the Virginia Beach City Council acknowledges the high honor the public school division has incurred in being ranked the fifth best large city public school division in the nation; and this prestigious award resulted from a study conducted by GreatSchools, a national non- profit group which focuses on public and private education; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, RESOLVED: RESOLVED: GreatSchools analyzed 17,377 cities to identify the best public school districts by population and median home price; and Ratings were based on a number of factors such as performance on state standards and the most recent data from the National Assessment of Educational Progress (NAEP); and VBCPS was cited for the high performance of its students, namely its rising scores on the SAT, Advanced Placement tests above the national average, state awards for excellence for most of its schools, the high percentage (84 percent) of students planning to pursue higher education, its listing of many of its 11 high schools in Newsweek's annual report of the best U.S. high schools, and its posting a graduation rate of nearly 83 percent, which is above the state average; and GreatSchools characterizes VBCPS as "Clearly a district on the move!" and now therefore be it That the City Council approve a recommendation to make Tuesday, September 28, 2010, Virginia Beach City Public Schools Day; and, be it further That a copy of this resolution be spread across the official minutes of this Council. Presented September 28, 2010 illiam D. Sessoms, Mayor Attest: I Item V -H.2. MAYOR'S PRESENTATIONS Mayor Sessoms PRESENTED : -41- ITEM # 60298 Resolution in Recognition To Max Bartoli and Ethan Marten "Atlantis Down" II 1 Two Men. One Vision. One Passion. Max Bartoli and Ethan Marten first met in 2006 at the New York International Film Festival where both entered short films in the competition. They got to know each other because their respective films were scheduled back-to-back in the same theater. In the end, they each achieved individual success and their films each won in their respective categories. Thus a lasting friendship was formed and, eventually, they became partners. While they met by accident, their decision to film in Virginia was, by no means, an accident. New York transplant and Hampton Roads resident, Ethan Marten, and Italian Max Bartoli put together the motion picture, ATLANTIS DOWN, in Virginia Beach and Portsmouth. Although this project could have taken place anywhere - - Italy, Spain, Los Angeles [where it was originally planned to be filmed], Ethan Marten believed Virginia, particularly Hampton Roads, had everything they needed to produce the film so he persuaded Max Bartoli to visit Virginia Beach. They found the perfect location at First Landing which offered a variety of looks, including woods. Here they could produce the film for far less expense with the same quality of production. Some said this was impossible. They actually completed the filming in just thirteen days, a day short of the anticipated schedule. Just as the movie could have been filmed anywhere, the World Premiere could have taken place anywhere. However the Producers chose the Commodore Theatre for the screening and World Premiere, which is to be held October First and is already "sold out ". The cast, crew, director and producer will be at each of the subsequent screenings at 7:00 PM October 2-7, 2010. The Virginia Beach City Council recognized Max Bartoli and Ethan Marten for their foresight, appreciation of the amenities in Virginia Beach where America's history actually began at Cape Henry April 26, 1607, and achievement of this World Premiere movie. September 28, 2010 RES01,UTION E .AS': Two Merz One Vision. One Passion. Max,Bartah and -Ethan £Marten first met in 2006 at the New Torklnternationaf Firm Pestivaf where Both entered short films in the competition. They got to know each other because their respective firms were scheduled back-to-6ackin the same theater WJiE itS: In the end they each achieved individual- success and their films each won in their respective categories. Thus a lastingfrendship wasformed and eventuaffy, the became partners. White they met 6y accident, their decision to firm in Virginia was, 6y no means, an accident. New Torktransplant and5lampton Roads resident, 'Ethan Marten, and Italian MaxBartoli put together the motion picture, AL .fi7 IISgXYT47, in 'Virginia Beach and Portsmouth. Although this project could have taken place anywhere - - Italy, Spain, LosAngefes [where it was originally planned to 6e filmed], Ethan Marten 6efievedVirginia, particularly Jfampton Roads, had everything they needed -to produce the film so he persuadedMax Bang to visit Virginia Beach. They foundtheperfect location at rirst Landing which offereda variety of looks, including woods. 7fere they couldproduce the film forfar fess expense with the same quality of production. Some said this was impossible. They actually completed the firming in just thirteen days, a day short of the anticipated schedule; WiftE J4S: Just as the movie coufd have beenfirmed anywhere, the `World Premiere could have taken place anywhere. 7fowever the Producers chose the Commodore Theatre for the screening and WorfdPremiere, which is to 6e herd October Pirst and is already "so hfout". The cast, crew, director and producerwill-be at each of the subsequent screenings at 7:00 QPM October 2-7 2010; ryilt[tEWS; Atlantis Down' takes place in the year 2025 when the space shuttle program has been privatized and Atlantis has been relegated to nothing more than a glorified tai Between space stations. Its crew is on a routine mission, thinking they are conducting experiments when they encounter 6ursts of fight shutting down its instrumentation and leaving it adrift in space with the Rookie Astronaut in command Most of the crew is transported to another planet white others find themselves in the middle of a Barren, desert wasteland Then the Rookie Astronaut realizes he has been chosen to compete in a sort of gafactk chess game with a superior intelfrgence where losing means death; and 4 JltE SE./lS: Commodore Theatre Owner, 'FreefSchoenfeld, Director and Producers 1axBarto1r, andrEthan Marten, are proud to present A7c,AS IXY4''.N" in the fu-uriousfy restored 1945 Art Deco -style, state-of-the-art Commodore Theatre in Ohre Towne, Portsmouth, with its forty-one foot screen and INX and 130LBTDIGITA.L sound NOW, TLER;ErFO . E, BE IT laSOLVED: That the Virginia Beach City Councifpauses in its deliberations to recognize MaxBarto1i and'than Marten for their foresight, appreciation of the amenities in Virginia Beach where America's history actuaffy began at Cape .7fenryAprif26, 1607, and achievement of this World Premiere movie. Given under our hands and seats this Twenty-eighth day of September, 'Two Thousand and Ten, CouncifLady Rita Sweet Beaitto Councilman Glenn <iZ Davis Council Yliam X 'BO DeSteph CoWY. 'Carry Do ✓11 roc/ _ .... Councilman Rp6ert 9 . Bob" Dyer Lv Council- Laay Barbara 7-fenfey Vice Mayor Louis ]Jones ouncifLady Ros ry Wilson Ctman John E. 7.1 firth Jaynes L. Wood - 42 - Item V -H.3. MAYOR'S PRESENTATIONS ITEM # 60299 Mayor Sessoms PRESENTED: Resolution in Recognition The Resolution RECOGNIZED Chesapeake Bay Wine Classic Foundation's 2061 Anniversary and more than $3 -MILLION charitable funds raised. Chesapeake Bay Wine Classic Foundation was founded in 1991. The Foundation is now a 501(c)(3) non-profit organization celebrating its Twentieth year of service to the City of Virginia Beach, as well as all Hampton Roads communities, with a primary focus of helping to educate our youth. The activities of the Chesapeake Bay Wine Classic have brought Virginia Beach national attention through its fund raising events, including the "Grand Auction" and "Vintner of the Year Dinner. Vintners and wine enthusiasts from all over the United States have come to Virginia Beach and provided a forum for local restaurants to feature their culinary skills. The Foundation's "Grand Tasting" held at the Virginia Beach Convention Center, educates the general public through wine and food seminars and provides a forum for local wine distributors to showcase their specialties; and the Foundation also sponsors a fishing tournament: "Wine, Women and Fishing" to support efforts for a cure of breast cancer. September 28, 2010 RESOLUTION % E1?;EAS: the Chesapeake Bay Wine Classic Foundation was founded in 1991; Pi gElaAS: the Foundation is now a 501(c)(3) non-profit organization cele6rating its 'Twentieth year of service to the City of Virginia Beach, as well as al- 7-fampton Roads communities, with a primary focus of helping to educate our youth; WJiE E)4S: the activities of the Chesapeake Bay Wine Classic have 6rought Virginia Beach national attention through its fund raising events, including the "Grandfluction" and "Vintner of the Tear Dinner" ; WMEq EAS: `vintners and wine enthusiasts from all over the `United States have come to Virginia Beach and provi&d a forum for local restaurants to feature their culinary skills. The Foundation's "Grand Tasting" held at the Virginia Beach Convention Center, educates the general pu6Cu through wine andfood seminars and provides a forum for local wine dutri6utors to showcase their specialties; and, WJFERESS: The Foundation also sponsors a fishing tournament, "Wine, Women and Fishing" to support efforts for a cure of 6reast cancer. NOW, 2IPEUtF'ORE, BE IT 2ZE.SOLVED, that the Virginia Beach City Council here6y recognizes the Chesapeake Bay Wine Classic Foundation on its 20t4 Anniversary and its mem6ers for their steadfast dedication in raising more than $3-5Million for various charitable funds as well as their tireless efforts andpersonalsacrifices to serve theirfellow citizens, educate their children and provi fe funding for medical -research. Given under our hands and seals this 14th day of Septem6er, 2010. Council Lady Rita Sweet Bethtto Mayor 4NifEam CD. "Will" Sessoms Item V -H.4. WESTERN BA YSIDE SUMMER CAMPS - 43 - ITEM # 60300 Mayor Sessoms introduced Barbara Brinson, Youth Opportunities Coordinator, and advised Enoch Baptist Church submitted the winning proposal in Western Bayside re the "Western Bayside Summer Camp" which served one hundred ten (110) youth this Summer,. The partnership with Enoch has continued to strengthen. Dr. Michael Daniels, Pastor, is leading the effort and represented Enoch Baptist Church. Enoch Baptist Church was awarded $60,000 via an RFP process. This benefit cannot be measured. Not only did the children benefit, but so did the parents and the community. The parents knew the children were in a safe environment and were comfortable knowing the children were being well cared. In appreciation, Dr. Daniels presented a pictorial entitled "Western Bayside Community Summer Camp 2010 June 28 — August 27, 2010" to the Mayor and City Council. The booklet encompassed "Letters of Appreciation ", Daily Camp Life, Guest Speakers, Field Trips and Parent Dinner. Mayor Sessoms is grateful for this partnership. Attendees of the Summer Camp expressed their appreciation to the Mayor and Members of City Council. September 28, 2010 - 44 - Item V -L1. PUBLIC HEARING ITEM # 60301 Mayor Sessoms DECLARED a PUBLIC HEARING: LEGISLATIVE AGENDA FOR 2011 GENERAL ASSEMBLY The following registered to speak: Michael Norment, 4004 Atlantic Avenue (#1906), Phone: 491-4118, spoke re Paddle Boarding. This is an opportunity for growth and prosperity. This sport has been around for a number of years and is another way to enjoy the awesome resource the City is fortunate to have near the Atlantic Ocean, This is a major draw to our area and allows the City to flourish, reaping financial resources. The sport of stand-up Paddle Boarding has a huge potential to increase the revenue. Taxes on sales and use of boards have added to the tax base in the last several years. These boards will continue to be financially beneficial for our local economy. Visitors and residents of Virginia Beach should be allowed to enjoy the resources in a safe manner. The City Code does not govern stand-up Paddle Boards currently. Mr. Norment received a suggestion rather than petitioning the General Assembly, to amend the City Code to change the "definition" of surf boards. Glenn Stevenson, 909 Ditchley Road, Phone: 285-2169, advised there is a rift between the two camps of Prone Surfers and Stand -Up Paddle surfing. Stand -Up Paddle Boarding is the same pursuit as surfing. Most Paddle Boarders ride boards that are no heavier or longer than the modern version of the traditional longboard, ridden by Prone Surfers. Surfboard leashes are worn, as required by the City, to avoid losing the board and prevent it from washing into the shore break area. The same rules are observed as Prone Paddlers re the times when surfing is permitted at each of the area public beaches. There should not be a reason to discriminate between the two (2) types of surfing or require any different regulations. Attorney Glen Thompson, 2205 Childeric Road, Phone 490-6284, stated that because of bad knees he had to forgo his love of surfing. In the 1980's and 1990's it was windsurfing. In 1987, the City Council voted to outlaw wind surfing in Lynnhaven Inlet. Since 1987, there has been no further regulation of windsurfing. There is already a wreckless use of watercraft in the State Code. Stand-up Paddle Boarding is not really understood. Attorney Thompson advised the Paddle Boarders do not wish to be treated separately from the Surfers. Mike Barrett, represented Virginia Beach Vision, 212 72nd Street, Phone: 422-1560, and suggested issues which he hoped could be included in the Legislative Package: Intergovernmental Relations — advocate creation of a Commission to address realignment of duties and responsibilities, particularly in regard to funding; Investment Development; Transportation; Light Rail/Mass Transit (General Assembly idents a funding source, particularly re the passenger rail in 2013 from Harbor Park to Richmond and Washington; as well as Defined Contributions and Benefits. Councilman Uhrin, advised a meeting was held with the Paddle Boarding Community last Thursday to clarify the request. The General Assembly will be requested to provide a local option which would allow the City to have the ability to regulate the Stand-up Paddleboards as surfboards within the swimming areas. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 28, 2010 Item V-L2.a/b/c/d PUBLIC HEARING - 45 - ITEM # 60302 Mayor Sessoms DECLARED a PUBLIC HEARING: Personal Property Tax EXEMPTIONS: a. Back Bay Restoration Foundation, Ltd b. Lynnhaven River Now c. REN Group d. Virginia Beach Police Foundation, Inc. There being no speakers, Mayor Sessoms CLOSED THE PUBIC HEARING. September 28, 2010 I - 46 - Item V -I.3. PUBLIC HEARING ITEM # 60303 Mayor Sessoms DECLARED a PUBLIC HEARING: DEPARTMENT OF JUSTICE Bryne Memorial Justice Assistance Grant There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 28, 2010 - 47 - Item V K. ORDINANCES/RESOLUTIONS ITEM # 60304 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 a/b/c/d, 2, 3, 4, 5, 6 a/b/c, 7, 8, 9 and 10 (ADDED) of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis The following Resolutions were ADDED, as Item 8, 9 and 10 of the Consent Agenda: Resolution to DECLARE September 28, 2010 "Virginia Beach City Public Schools Day". (5`" Best Large City Public School Division in the Nation) Resolution RECOGNIZING Chesapeake Bay Wine Classic Foundation's 20`" Anniversary and more than $3-M charitable funds raised Resolution RECOGNIZING Max Bartoli and Ethan Martin for choosing Virginia Beach for the filming of "Atlantis Down" September 28, 2010 1 - 48 - Itein VK.1. a/b/c/d ORDINANCES/RESOLUTIONS ITEM # 60305 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to EXEMPT certain organizations from Personal Property Taxes: a. Back Bay Restoration Foundation, Ltd. b. Lynnhaven River Now c. REN Group d. Virginia Beach Police Foundation, Inc. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 II 1 1 AN ORDINANCE TO DESIGNATE BACK BAY 2 RESTORATION FOUNDATION, LTD. AS BEING 3 EXEMPT FROM LOCAL PERSONAL PROPERTY 4 TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local personal property taxes to Back Bay Restoration 9 Foundation, Ltd. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Back 15 Bay Restoration Foundation, Ltd. as a charitable organization within the context of § 6(a)(6) 16 of Article X of the Constitution of Virginia. 17 18 2. That personal property owned by Back Bay Restoration Foundation, Ltd. located 19 within the City of Virginia Beach that is used exclusively for charitable purposes on a 20 nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property owned by Back Bay Restoration Foundation, 25 Ltd. for exclusively charitable purposes; 26 27 (b) that each July 1, Back Bay Restoration Foundation, Ltd. shall file with the 28 Commissioner of the Revenue a copy of its most recent federal income tax 29 return, or, if no such return is required, it shall certify its continuing tax 30 exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2013, Back Bay Restoration 33 Foundation, Ltd. shall file an exemption application with the Commissioner of 34 the Revenue as a requirement for retention of the exempt status of the 35 property; and 36 37 (d) that Back Bay Restoration Foundation, Ltd. cooperate fully with the 38 Commissioner of the Revenue with respect to audit of its financial records, 39 compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of September , 2010. Requires an affirmative vote of three-fourths of the members of the City Council. I APPROVED AS TO CONTENT: Commission=' 4g e Revenue CA11592 R-1 August 18, 2010 2 APPROVED AS TO LEGAL SUFFICIENCY: ENTITY NAME Back Bay Restoration Foundation LTD 3022 New Bridge Rd Virginia Beach, VA 23456 Website http://www.bbr£org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Back Bay Restoration Foundation, Ltd. ("BBRF") is a nonprofit organization founded in 1984 to address the deteriorating water quality of Back Bay. BBRF's Mission: 1. Preserving, protecting and promoting sustainability of Back Bay and its watershed through conservation efforts and by encouraging stewardship through education, research and communication. 2. Preservation, enhancement and improvement of the water quality and wetlands located in the Back Bay and North Landing has become BBRF's expanded focus. 3. BBRF is dedicated to helping the residents indentify the various problems, learn about solutions and work with each other and governmental and private agencies to improve the way we treat the land and waterways. 4. BBRF offers a tram service, providing transportation from Little Island City Park through Back Bay National Wildlife Refuge to False Cape State Park. The BBRF volunteer guided tram ride program has been an enormous success, bringing regional attention to BBRF efforts and thousands of interested people to the Refuge and State Park. TAX IMPACT — Business Property: Assessment: $6,839.00 Tax: $101.22 Personal Property Assessment: None Tax Real Property Assessment: None Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status —May 13, 1986 1 AN ORDINANCE TO DESIGNATE LYNNHAVEN 2 RIVER NOW AS BEING EXEMPT FROM LOCAL 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Lynnhaven River Now. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Lynnhaven River Now as a charitable organization within the context of § 6(a)(6) of Article 14 X of the Constitution of Virginia. 15 16 2. That personal property owned by Lynnhaven River Now located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property owned by Lynnhaven River Now for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Lynnhaven River Now shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or, if no 27 such return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2013, Lynnhaven River Now 31 shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d) that Lynnhaven River Now cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2011 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of September , 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: ission- bf tfbe Revenue CA11590 R-1 August 18, 2010 2 APPROVED AS TO LEGAL SUFFICIENCY: - • •'ney's Office ENTITY NAME Lynnhaven River Now 1608 Pleasure House Rd Ste 108 Virginia Beach, VA 23455 Website http://www.lynnhavenrivemow.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Lynnhaven River Now is a committed group of local citizens who came together to foster partnerships that would apply public and private resources to the challenge of reducing pollution in the Lynnhaven River. They want a clean and healthy Lynnhaven River. Their objectives are: 1. Identify and reduce sources of contamination in the river; reduce nutrient, sediment and chemical run off of our lawns, parking lots, roadways and septic systems; Educate and engage the community and partner organizations in restoring and protecting the Lynnhaven River; and 3. Restore lost habitats such as oyster reefs, salt marshes, and other buffers that help to filter polluted runoff and protect the river and its marine life. TAX IMPACT — Business Property: Assessment: $3245.00 Tax: $48.03 Personal Property Assessment: 863.50 Tax 31.95 Real Property Assessment: None Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status —March 29, 2007 1 AN ORDINANCE TO DESIGNATE REN GROUP AS 2 BEING EXEMPT FROM LOCAL PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to REN Group. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates REN 13 Group as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia. 15 16 2. That personal property owned by REN Group located within the City of Virginia 17 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property owned by REN Group for exclusively charitable 23 purposes; 24 25 (b) that each July 1, REN Group shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or, if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2013, REN Group shall file an 31 exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that REN Group cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of September , 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner - {he Revenue CA11589 R-1 August 18, 2010 2 APPROVED AS TO LEGAL SUFFICIENCY: ENTITY NAME REN Group Inc. 1328 Myrica Place (Office use only) Virginia Beach, VA 23462 Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY REN Group is a registered nonprofit (501-c [3]) whose purpose is to mobilize volunteers and resources to peoples living on the Tibetan plateau for sustainable economic development and disaster relief. They conduct leadership training through religion and economic development projects throughout Asia with a goal to empower Tibetan families to transform their communities into vibrant, caring, communities, healthy in every way. The REN Group is currently managing relief and development projects in the Sichuan and Qinghai earthquake zones of China and a series of children's emotional relief camps this summer. In past few years the REN Group with the help of other non-government organizations, focused its efforts to provide relief to earthquake -hit communities. While the Chinese government and army did their part in the major areas of population, the REN Group focused on more remote and mountainous areas with lower population density and where the elderly and lower income families were in need. TAX IMPACT Business Property: Personal Property Real Property Assessment: $1,331.00 Tax: $19.70 Assessment: $2,175.00 Tax $80.48 None — above address is a private resident, not owned by the nonprofit. RELEVANT INFORMATION IRS Granted 501 (c) 3 status — May 25, 2007 1 AN ORDINANCE TO DESIGNATE VIRGINIA BEACH 2 POLICE FOUNDATION, INC. AS BEING EXEMPT 3 FROM LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Virginia Beach Police 8 Foundation, Inc. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Virginia Beach Police Foundation, Inc. as a charitable organization within the context of § 15 6(a)(6) of Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Virginia Beach Police Foundation, Inc. located 18 within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property owned by Virginia Beach Police Foundation, 24 Inc. for exclusively charitable purposes; 25 26 (b) that each July 1, Virginia Beach Police Foundation, Inc. shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2013, Virginia Beach Police 32 Foundation, Inc. shall file an exemption application with the Commissioner of 33 the Revenue as a requirement for retention of the exempt status of the 34 property; and 35 36 (d) that Virginia Beach Police Foundation, Inc. cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records, 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of September , 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissione he Revenue CA11591 R-1 August 18, 2010 2 APPROVED AS TO LEGAL SUFFICIENCY: ENTITY NAME Virginia Beach Police Foundation 2900 Einstein Dr (office use only) Virginia Beach, VA 23456 Website http://www.vbpolicefoundation.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Virginia Beach Police Foundation is a charitable, non-profit, private organization distinct and separate from the Virginia Beach Police Department and the City of Virginia Beach. Its mission is: • Provide financial assistance for the design, creation and installation of an appropriate monument memorializing law enforcement officers who have died in the line of duty serving the City of Virginia Beach; • Provide financial support and other appropriate assistance to families of sworn law enforcement officers of the City of Virginia Beach who were killed or seriously injured in the line of duty. • Encourage citizens and businesses to contribute to the Foundation in support of the morale and welfare of the Virginia Beach Police Department; • Provide programs and equipment to the Virginia Beach Police Department to support and improve the capabilities, performance and efficiency of the Department; • Encourage public support for and an understanding of the Virginia Beach Police Department and its members. TAX IMPACT There is no tax impact at this time. The volunteers within the organization use their own phone and homes to solicit donations. The organization is registered with the Virginia Department of Agriculture and Consumer Services to solicit donations. Business Property: Assessment None Tax: Personal Property Assessment: None Tax Real Property Assessment: None Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status — April 23, 2009 Philip J. Kellam Commissioner September 14, 2010 Commissioner of the Revenue City Hall Virginia Beach, VA 23456-9002 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Initial Report on Applicants for Exemption from Property Taxes Dear Mayor and Council Members: VBgov.com/cor Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation from personal and real property taxes'. The City Council accepted this authority and ordained a policy utilizing the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemption'. On May 6, 2008 the City Council revised and re -ordained the process providing for the Commissioner of the Revenue to review and report to City Council on such applications3. The Commissioner's Office has received 4 applications in this reporting period. The following applicants qualify for exemption from personal property taxes: REN Group Inc Lynnhaven River Now Virginia Beach Police Foundation Back Bay Restoration Foundation LTD I am available if you have questions or concerns regarding the recommendations. Since y, Philip J. Kella Commissioner of the Revenue Enclosures Code of Virginia 58.1-3651 2 ORD -2798I 3 ORD -3009K 1 Gity Council Policy Original Proposal Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 .of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Forrn 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 058.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Ccuncil Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. - 49 - Item V -K.2. ORDINANCES/RESOLUTIONS ITEM # 60306 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the Economic Development Investment Program (EDIP) Policy and Procedure and AUTHORIZE the Mayor to EXECUTE the amended Policy. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 1 ORDINANCE TO AMEND THE ECONOMIC 2 DEVELOPMENT INVESTMENT PROGRAM 3 ("EDIP") POLICY AND PROCEDURE 4 5 WHEREAS, on January 25, 1994, the City Council of the City of Virginia Beach 6 (the "City Council") and the City of Virginia Beach Development Authority (the 7 "Authority") approved the Economic Development Investment Program Policy and 8 Procedure (the "EDIP Policy") to ensure that the expenditure of Economic Development 9 Investment Program ("EDIP") funds is made in the public interest and is in furtherance 10 of the purposes for which the EDIP was established; 11 12 WHEREAS, on February 10, 2004, City Council and the Authority approved 13 certain amendments to the EDIP Policy; 14 15 WHEREAS; on March 21, 2006 and March 28, 2006, the Authority and City 16 Council approved additional amendments to the EDIP Policy to further the City's goals 17 to convert certain property in APZ-1 and Clear Zones area to uses that conform to the 18 APZ-1 Ordinance (the "APZ-1 Amendments"); 19 20 WHEREAS, on September 21, 2010, the Authority approved further amendments 21 to the EDIP Policy to allow for reimbursement of additional expenses, to allow 22 incentives for additional job creation and to clarify the APZ-1 Amendments. Such 23 approval by the Authority is subject to City Council concurrence; and 24 25 WHEREAS, Part C, Section 6 of the EDIP Policy provides that the EDIP Policy 26 shall not be amended without the prior consent of the City Council and the Authority. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. That the amendments to the EDIP Policy are hereby approved in the form 32 as attached hereto as Exhibit A; and 33 34 2. That the Mayor is hereby authorized to execute the amended EDIP Policy 35 on behalf of the City. 36 37 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 28th 38 day of September , 2010. APPROVED AS TO CONTENT: Economic Development APPROVED AS TO LEGAL SUFFICIENCY. City Attorney i CA11021 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D016\P008\00071334. DOC September 20, 2010 R-1 II 1 EXHIBIT A ECONOMIC DEVELOPMENT INVESTMENT PROGRAM POLICY AND PROCEDURE WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"); WHEREAS, one of the primary purposes of the Act is to enable development authorities "to promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the Commonwealth...."; WHEREAS, pursuant to § 6 of the Act, the Authority has the power, inter alia, "to sell, exchange, donate and convey any or all of its facilities or other properties whether realty or personalty whenever the Authority shall find any such action to be in furtherance of the purposes for which the Authority was organized"; WHEREAS, pursuant to §7 of the Act, "the Authority may foster and stimulate the development of industry in the area within its jurisdiction... [and] may accept, and expend for the purposes stated above, money from any public or private source...."; WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to make appropriations and to provide funds for the operation of the Authority and to further its purposes"; WHEREAS, the economic development goals and objectives of the City include achieving a higher ratio of nonresidential to residential real estate assessments, investing in land and infrastructure to benefit future economic growth, and maximizing the return of economic development efforts through the development and implementation of programs and strategies that facilitate new business investment and encourage retention and expansion activities thereby improving the overall quality of life in the City; WHEREAS, other than JEB Little Creek Fort Story, NAS Oceana is the single largest employer in the City is NAS Oceana, and investments and economic development efforts aimed at retaining NAS Oceana as a master jet base are critical to the City's economic "health"; WHEREAS, the City has established the Economic Development Investment Program ("EDIP") as part of its overall effort to enhance the City's ability to accomplish these goals and objectives; WHEREAS, pursuant to the authority and empowerment set forth in ' 10 of the Act, City Council has determined that it would be in the best interests of the City to provide EDIP appropriations to the Authority to enable the Authority to more effectively continue its efforts to foster and stimulate economic development by (i) inducing businesses to locate or remain in the City; and (ii) providing incentives to qualifying developers and_property owners for the development or redevelopment of under improved or underdeveloped properties, or brownfields, grey fields, or abandoned or blighted properties in areas of the City which have been designated as "Strategic Growth Areas"". "Special Economic Growth Areas" or "Economic Redevelopment Areas", including infill development within such areas; and WHEREAS, the City and the Authority have agreed that the provision of funds in the EDIP account to the Authority for economic development purposes, and the subsequent provision of such funds by the Authority to qualifying recipients, should be subject to policies and procedures which will ensure that the expenditure of such funds is in the public interest and is in furtherance of the purposes for which the EDIP was established; NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach Development Authority hereby adopt the following Economic Development Investment Program Policy and Procedures (the "Policy"): PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING BUSINESSES. 1. PURPOSE AND INTENT. The animating purpose of Part A of the Economic Development Investment Program shall be to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by inducing new businesses to locate in the City, and existing businesses to remain in the City or to expand their operations. 2. INVESTMENT CRITERIA. Except as otherwise provided in paragraph 4 of this Part A, EDIP funds may be awarded pursuant to Part A of this Policy where the Director of Economic Development (the "Director") has determined, and has advised the Authority that one or more of the following criteria have been met: a. The net amount of direct tax revenues returned to the City by a business to which EDIP funds are provided will exceed the amount of EDIP funds so provided no later than thirty (30 -six (30) months from the date on which the business commences operations at a new or renovated facility; b. For every one dollar ($1) in EDIP funds provided, the business to which such funds are provided will spend twenty-five dollars ($25) or more in new capital investment, including buildings, furnishings, and/or equipment; and/or c. Every one thousand dollars ($1,000) in EDIP funds provided will yield at least one (1) new "full-time equivalent" employment opportunity in the business to which such funds are provided. However, for businesses paying an average annual s (excluding benefits) the criteria shall he However. (i) up to two thousand dollars ($2,000) in EDIP funds provided will yield at least one (1)shall be available for businesses who create new "full -_time equivalent" employment opportunityopportunities in the business for which such funds are provided, where such employment opportunities pay an average of S35,001 to $50,000, excluding benefits, (ii) up to three thousand dollars ($3.000) shall be available for businesses who create "full time equivalent" employment opportunities in the businesses for which such funds are provided where such emplovment opportunities pay an average of 550.001 to $75.000, excluding benefits, and (iii) up to four thousand dollars ($4.000) shall be available for businesses wbo create "full time equivalent" employment opportunities in the businesses for which such funds are provided. where such employment opportunities pay an average of over $75,001, excluding benefits. For new FTE employment opportunities paying an average up to $35,000 the business must demonstrate associated workforce development training costs. For any job to qualify for an award_ that position must be filled for at least one year. I* These criteria shall be reviewed by the Director and the Director of the Department of Management Services on a bi-annual basis. The Director shall recommend any appropriate revisions to the City Council and the Authority for further consideration and action. 3 In addition to the foregoing criteria, it is the goal of the Authority to approve EDIP funds to businesses that pay an average annual salary of $35,000 (excluding benefits). However, the Authority reserves the right to deviate from this goal in exceptional cases and for good cause shown. 3. APPLICATION FOR EDIP AWARD. A business who desires EDIP funds to locate, relocate or expand its business in the City of Virginia Beach may make application for that purpose through the Department of Economic Development. The applicant shall submit such information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the application meets the requirement of this Part A, recommend to the Authority that it award EDIP funds to the business. 4. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds to a specific business, but the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose. 5. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director, the Authority shall either approve or disapprove the proposed provision of EDIP funds to the business. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the application satisfies Part A of this Policy and the Authority's objective of fostering and stimulating the development of industry in the_City. Provided, however, that prior to approval, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the business is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, and that the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; b. That the proposed provision of EDIP funds to the business is in furtherance of the purposes for which the Authority was created: 4 c. That without the stimulus of the EDIP award, it is unlikely that the business would locate or remain in the City; and d. That as of the date of approval of the EDIP award, the business _ had not yet commenced construction of the proposed improvements. 6. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds to a specific business pursuant to this Part A shall be in the form of a resolution which shall include the following information: a. The name, location, and nature of the business to which the funds will be provided; b. The amount of funds that will be provided; c. The purpose or purposes for which the funds will be provided; d. A statement that the criteria set forth in paragraph 2 of this Part A have been met; or, in the alternative, that City Council has specifically approved provision of EDIP funds for such purpose pursuant to paragraph 4 of this Part A; and e. A statement that the findings set forth in paragraph 5 of this Part A have been made by the Authority. PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS, SPECIAL ECONOMIC GROWTH AREAS OR ECONOMIC REDEVELOPMENT AREAS. 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are currently brownfields, greyfields or vacant, abandoned, under improved or underdeveloped with improvements or land uses which are not economically viable or, in APZ 1 and Clear Zones, not advancing the City's purpose of retaining NAS Oceana as a master jet base in Virginia Beach, but, if developed. but. if developed, should stimulate industry and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be 5 expected to (i) generate additional tax revenue as a result of capital investment; (ii) create additional job opportunities; (iii) influence similar redevelopment and additional investment in nearby properties;(iv) further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles; (v ' . Z 1 and Clear Zone areas, encoara ersicn of property that does Oce-ctobe Or 20, 2005 (the APZ 1 Ordija.'e-e41)–to-uses that do conform to the APZ 1 outsi tlh – 'Z 1 and Clear Zones and tl-loe-at-o conform and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under Part B of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by providing incentives for the development or redevelopment of properties described herein. 2. ECONOMIC REDEVELOPMENT AREAS, SPECIAL ECONOMIC GROWTH AREAS AND STRATEGIC GROWTH AREAS. The Directors of the Departments of Economic Development and Planning shall identify areas of the City (i) that are currently brownfields, greyfields, or vacant, abandoned, under improved or underdeveloped, or that are in the areas of the City designated as APZ 1 or Clear Zones, and (ii) which should be considered for redevelopment or special development opportunities, but may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive Plan. Such areas shall be known as "Economic Redevelopment Areas". Once identified, an Economic Redevelopment Area must be submitted to the City Council for designation as such by ordinance. To qualify for EDIP funds under Part B of this Policy, a developer or owner of property must demonstrate that the subject property is located within a Special Economic Growth Area or Strategic Growth Area which has been designated as such in the Comprehensive Plan or has been designated an Economic Redevelopment Area as defined herein by ordinance of the City Council. For purposes of this Policy, the term "brownfields" means vacant, abandoned or under improved real property large enough to support significant expansion, redevelopment or reuse, but for which such expansion, redevelopment or reuse is complicated by the presence of a substantial amount of hazardous substances, pollutants, or contamination. The term "greyfields" means underperforming, declining or vacant real estate. 6 3. QUALIFYING LAND USES. EDIP funds under Part B of this Policy may be provided for office, industrial, retail, hotel and mixed use development (including high density and multi -family residential uses). Notwithstanding the fry e ing EDIP fi.iuds under Part 13- of this policy for tl=r the APZ 1 Ordina-nc and anv eats there+ 4. INVESTMENT CRITERIA. (a) For Economic Re went Areas not located in : APZ 1 or Clear nes, EDIP funds may be awarded pursuant to Part B of this Policy in such instances where the Director has determined, and has advised the Authority, that both of the following criteria have been met: i. The net amount of direct tax revenues returned to the City as a result of the development or redevelopment for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the development or redevelopment for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and ii. For every one dollar ($1) in EDIP funds provided, the owner or developer of the development or redevelopment for which such funds are provided will spend twelve and 50/100 dollars ($12.50) or more in new capital investment, including buildings, furnishings, and/or equipment. (b) For Economic Redevelopment Areas located in the APZ 1 or Clear L. es EDIP funds n - ant to Part B of this Policy in such instances D-irector, t 7at the-levelopmein, or redevelopni Audi- g bringing netes into APZ 1 an o a4-eonform to the-APZ 1 Ordinance, L. onverting nonconforming uses to conforming uses, retaining conforming trues in -A -PZ 1 and—g-ear Zones. an -c locating nonconforming uses in APZ 1 and Cle--a-- Zones to other areas of the City AAvhe-rc such uses would be consistent with the A: C-T onfornhIty COmmittee. -441-P funds will be provided 7 The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such funds may be made unless all other requirements of Part B of this Policy are satisfied and all findings stated in Part B of this Policy are made. The Authority shall have complete discretion as to the award of funds and the amount of funds awarded, as well as whether or not the criteria have been met. 5. AVAILABILITY OF FUNDS. (a}5. EDIP funds may be authorized for use pursuant to Part B of this Policy only to the extent that they have been appropriated by the City Council. Further, provided that in any given fiscal year, the Authority shall not award more than fifty percent (50%) of its appropriation for EDIP use for that year for development or redevelopment purposes pursuant to Part B of this Policy without authorization of the City Council. anticipated that such funds for EDIP use in APZ 1 and Clear Zone areas will he made a-'ailable from CIP 9.060 (Oceana and lnte fae -lity Traffic Area Conformity and 6. APPLICATION FOR EDIP AWARD. A qualifying developer or owner of land who desires EDIP funds for use in the development or redevelopment of property located in a Strategic Growth Area. Special Economic Growth Area or an Economic Redevelopment Area may make application for that purpose through the Department of Economic Development. The applicant shall submit such information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the development or redevelopment of the property described in the application satisfies all requirements of this Part B, recommend to the Authority that it award EDIP funds to the applicant. In determining whether to recommend that EDIP funds be awarded to an applicant, the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the 8 b. Whether the development or redevelopment satisfies the investment criteria set forth in paragraph 4 of this Part B. Additionally, the Director may consider the following: c. The amount of EDIP funds remaining and available for use pursuant to this Policy for the fiscal year. d. The economic return to the City generated by the development or this Part B . e. The expertise and experience of the developer or property owner improved and underdeveloped properties. f. The degree to which the -redevelopment may influence development or redevelopment within the Special Economic Growth Area, Strategic Growth Area or the Economic Redevelopment Area and adjacent or nearby properties. g. serve furthers The extent to which the development or redevelopment may to implement a change in use which is consistent with and,`or the goals of the Comprehensive Plan, the City' s Economic serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan. the City's Economic Development Strategy. h. The number and types of jobs which the development or i. i -The amount of the applicant's capital investment in the development or redevelopment of the property. j. The extent to which the plan of development or redevelopment 7. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director, the Authority shall either approve or disapprove the award of EDIP funds to the applicant. The Authority may attach conditions to the 9 approval of the award of EDIP funds. In the case of a brownfield property, the Authority shall attach the condition that prior to receiving EDIP funds, the recipient of EDIP funds shall provide to the Authority evidence of all permits or approvals as required by state, federal and local regulatory agencies and compliance therewith. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the applicant's proposed development or redevelopment satisfies Part B of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City, includ-in€.„ the–re nt-i-o;n— f NAS 0—an—a--as a master jet bay., Provided, however, that prior to approval of the award of EDIP funds to an applicant, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the applicant is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, Kase, and that the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; b. That the proposed provision of EDIP funds to the applicant is in furtherance of the purposes for which the Authority was created; c. That without the stimulus of the EDIP award, it is unlikely that the property would be developed or redeveloped to the extent proposed, or at the current time; d. That as of the date of approval of the EDIP award, the applicant had not yet commenced construction of the proposed development or redevelopment; e. That the property has been designated (or is in an area which has been designated) as a Special Economic Growth Area or Strategic Growth Area by the Comprehensive Plan or an Economic Redevelopment Area by ordinance of the City Council; f. That the proposed development is consistent with the City's Comprehensive Plan, and the City's Economic Development Strategy and the APZ 1 Ordinance, as amended; and 10 II I g. That the scope and quality of the plan of development or redevelopment as proposed, will serve to influence redevelopment and additional capital investment in adjacent or nearby properties will foster the retention of NAS Oceana as a ni-a-iter jet base. 8. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part B shall be in the fonn of a resolution which shall include the following information: a. The naive of the owner or developer of the property, and the location and a brief description of the development or redevelopment; b. The amount of funds that will be provided; c. The purpose or purposes for which the funds are to be provided; d. A statement that the criteria set forth in paragraph 4 of this Part B have been met; e. A statement that the findings set forth in paragraph 7 of this Part B have been made by the Authority; and f. Any conditions to the approval of the award of the EDIP funds by the Authority. 9. ALTERNATIVE USES OF PART B FUNDS BY THE AUTHORITY TO PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC GROWTH AREA, SPECIAL ECONOMIC GROWTH AREA OR AN ECONOMIC REDEVELOPMENT AREA. The Authority may use EDIP Funds to purchase and improve property within a Special Economic Growth Area. a Strategic Growth Area or an Economic Redevelopment Area. Prior to the approval of the use of EDIP funds for such acquisition, the Authority must find that: a. The property is located within a Special Economic Growth Area, a Strategic Growth Area or an Economic Redevelopment Area; and b. The acquisition and/or improvement of the property by the Authority and its subsequent development or redevelopment will 11 be in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy, the APZ-1 Ordinance, as amended, and Part B of this Policy. In addition to any property purchased using EDIP funds pursuant to paragraph 9 of this Part B, the Authority may also use EDIP funds for the following improvements to such property: (i) the installation of infrastructure; (ii) the demolition of existing structures; or (iii) the remediation or cleanup of adverse environmental conditions. The Authority may dispose of such property in accordance with state law and may subsequently sell such property to a private party for development or redevelopment. In the event of such sale, the Authority shall attach appropriate conditions to assure that the development or redevelopment is in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy, the APZ-1 Ordinance, as amended, and is in furtherance of the objectives of Part B of this Policy. The proceeds of any property purchased by the Authority and sold pursuant to paragraph 9 of this Part B shall be returned to the EDIP fund account. PART C: POLICY AND PROCEDURE FOR THE PROVISION OF EDLP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN APZ-1 OR THE CLEAR ZONES. 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are not advancing the City's purpose of retaining. NAS Oceana as a master jet base in Virginia Beach, but, if developed with conforming uses, should. stimulate industry and economic development within the City. Moreover, such properties and areas. if developed or redeveloped, may reasonably be expected to (i) generate additional tax revenue as a result of capital investment; (ii) influence similar redevelopment and additional investment in nearby properties;(iii) further the goals of the Comprehensive Plan and be consistent with the City's Economic Development Strategy and asood zoning principles; (iv) in the .:A -PZ -1 and Clear Zone areas, encourage the conversion of property that does not. conform to the City's zoning amendments adopted in response to the BRAC Order on December 20, 2005 (the "APZ-1 Ordinance") to uses that do conform to the APZ-1 Ordinance. including the relocation of nonconforming properties to areas of the City outside the APZ-i and Clear Zones and the location of conforminC1 properties within the APZ-l: and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating Purpose of the Economic Development Investment Program under Part C of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate 12 economic development in the APZ- by providing incentives for the development or redevelopment of properties as described herein. 2. &PZ -1 AND THE CLEAR ZONES. The term "APZ-1" means Accident Potential Zone 1 and the areas identified as APZ-1 on the 1999 "Air installations Compatible Use Zones" ("AICUZ") pamphlet published by the U.S. Department of the Navv. 'Ihe term "Clear Zones" are those areas designated as "Clear Zones" on the 1999 A.ICITZ pamphlet 3. QUALIFYING LAND USES. EDIP funds under Part C of this Policy may be provided only for uses consistent with the APZ-1 Ordinance and any amendments thereto. 4. INVESTMENT CRITERIA. (a) For Areas located in the APZ-1 or Clear Zones, EDIP funds may be awarded pursuant to Part C of this Policy in such instances where the Oceana Land Use Conformity Committee has determined, and has advised the Director. that the development or redevelopment for which EDIP funds will be provided will have the effect of furthering the goals of the Ocean.a Land Use Conformity Program. including bringing new uses into APZ-i areas that conform to the APZ-1 Ordinance, converting nonconforming uses to conforming uses, retaining conforming uses in APZ-1, and relocating 'nonconforming uses in APZ-1 and Clear Zones to other areas of the City where such uses would be consistent with the Comprehensive Plan and the City Zoning Ordinance. The Director shall advise the Authority of all determinations and recommendations made by the Oceana Land Use Conformity Committee ("01...UCC"). (b) In determining the amount of the award recommended to OLUCC. the Director shall determine whether both the following criteria have been met: (i) The net amount of direct tax revenues returned to the City as a result of the development or redevelopment for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the Nyment of the EDIP award; or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the development or redevelopment for which .EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and/or (ii) For every one dollar ($1) in EDIP funds provided, the owner or developer of the development or redevelopment for which such funds are provided will 13 II I spend ten and 50/100 dollars ($10.50) or more in new capital investment, including buildings, furnishings, and/or equipment. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EMI) funds. No award of such funds ma be made unless all other requirements of Part C of this Policy are satisfied and all findings stated in Part C of this Policy are made. The Authority shall have complete discretion as to the award of funds and the amount of funds awarded, as well as whether or not the criteria have been met. 5. ADDITIONAL USES OF FUNDS UNDER PART C. A oalifying owner of land located in APZ-1 or the Clear Zones who desires to (i) move a nonconforming use of that land out of APZ-1 or the Clear Zones and into another part of the City where the use is compatible and (ii) if owner retains ownership of the subject land, agrees to restrict the further use of that land to uses compatible with those allowed in the APZ-1 Ordinance. shall be entitled to apply for an award of up to $75,000 to offset actual moving expenses incurred in moving the said nonconforming use out of APZ-i or the Clear Zones. 6. AVAILABILITY OF FUNDS. The City Council specifically appropriates funds for ED1P use in APZ-1 and Clear Zone areas, It is anticipated that such funds for EDIP use in APZ-1 and Clear Zone areas will be made available from C1P-9.060 (Oceana and Interfacility Traffic Area Conformity and Acquisition). 7. APPLICATION FOR EDIP AWARD. A qualifying developer or owner of land who desires EDIP funds for use in the development or redevelopment of IKoperty located in APZ-1 or the Clear Zones may make application for that purpose through the Department of Economic Development. The applicant shall submit such information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may. if the Director finds that the development or redevelopment of the property described in the application satisfies all requirements of this Part C, recommend to the Authority that it award EDIP funds to the applicant. In determining whether to recommend that EDIP funds be awarded to an applicant. the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the property/areai, and b. Whether the development or redevelopment satisfies the investment criteria set forth in paragraph 4 of this Part C. 14 c. Whether the development or redevelopment is consistent with the APZ-1 Ordinance. Additionally, the Director may consider the following,: d. The amount of EDIP funds remaining and available for use pursuant to this Policy for the fiscal year. e. The economic return to the City generated by the development or this Part C. f. The expertise and experience of the developer or property owner in redeveloping brownfields, greyfields, abandoned, blighted, under improved and underdeveloped properties. g. The degree to which the redevelopment may influence compatible development or redevelopment within the APZ-1 and development of adjacent or nearby properties. h. The extent to which the development or redevelopment may serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan, the City's Economic Development Strategy, and the APZ-i Ordinance, as amended. i. The amount of the applicant's capital investment in the development or redevelopment of the property. j. The value of moving a use of property that is inconsistent with the APZ-1 Ordinance out of the APZ-1 or the Clear Zones. 8. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director, the Authority shall either approve or disapprove the award of EDIP funds to the applicant. The Authority may attach conditions to the approval of the award of EDIP funds. The Authority shall not be required to approve the Director's recommendation. but shall exercise its legislative discretion in determining whether. and to what extent, the applicant's proposed development or redevelopment satisfies Part C of this Policy and the Authority's oftective of fosterinc, and stimulatin_ 15 the development of industry in the City, including the retention of NAS Oceana as a master jet base. Provided, however, that prior to approval of the award of EDIP funds to an applicant, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the applicant is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, including the retention of NAS Oceana as a master jet base, and that the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; b. That the proposed provision of EDIP funds to the applicant is in furtherance of the purposes for which the Authority was created; c. That without the stimulus of the EDIP award, it is unlikely that the property would be developed or redeveloped to the extent proposed. or at the current time; d. That as of the date of application for the EDIP award, the applicant had not yet commenced construction of the proposed development or redevelopment; e. That the property is in APZ-1 or the Clear Zones; f. That the proposed development is consistent with the City's Comprehensive Plan. the City's Economic :Development Strategy and the APZ-1 Ordinance, as amended; g. That the scope and quality of the plan of development or redevelopment as proposed, will serve to influence redevelopment and additional capital investment in adjacent or nearby properties or. in APZ-1 and Clear Zones, will foster the retention of NAS Oceana as a master jet base; and h. The Oceana Land Use Conformity Committee has endorsed in writing the award of EDIP funds as proposed by the Authority 9. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part C shall be in the form of a resolution which shall include the following information: 16 a. The name of the owner or developer of the property, and the location and a brief description of the development or redevelopment; b. The amount of funds that will be provided; c. The purpose or purposes for which the funds are to be provided; d..A statement that the criteria set forth in paragraph 4 of this Part C have been met; e. A statement that the findings set forth in paragraph 8 of this Part C have been made by the Authority; and f. Any conditions to the approval of the award of the EDLP funds by the Authority. 10. ALTERNATIVE USES OF PART C FUNDS BY THE AUTHORITY TO RETAIN A REAL ESTATE BROKER. The Authority may use ED1P funds to retain a licensed real estate broker to sell property located in APZ-1 or the Clear Zones and owned by the Authority or the City. The Authority is authorized to pay a commission to that broker in an amount not to exceed the following: Sale Price Cumulative Commission Rate $ 0 - $500,000 5% 5500.001 - $1,000.000 3% 1,000,001 and up 2% PART D: GENERAL PROVISIONS APPLICABLE TO BOTH PARTS A AND �B AND C. 1. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be maintained by the Authority in a separate account and shall not be commingled with other Authority funds. 2. EDIP FUND EXPENDITURES. All expenditures of EDIP funds shall be in keeping with this Policy and may enure only incidentally to the benefit of 1 private interests. In addition to the use of EDIP funds pursuant to Parts A, and B or C of this Policy, EDIP funds may also be utilized to conduct appraisals, financial and market studies, and architectural and engineering studies directly related to specific economic 17 development initiatives and/or projects being conducted by the Authority on behalf of the City. 3. PAYMENT OF EDIP FUNDS. When EDIP funds are awarded pursuant to either Part A or Part B this Policy, they shall be paid to the authorized business or the owner or developer at such time as the Director shall (i) obtain copies of invoices/receipts from the business, or owner or developer showing the actual costs incurred for the purpose or purposes for which the funds are to be provided; (ii) determine that the development or redevelopment is in conformity with the plan of development presented to the Authority and with all conditions which may have been attached to the approval of the award of the funds by the Authority; and (iii) where required by the Authority, the business, or owner or developer shall execute and deliver to the Authority an EDIP Recapture Agreement in a form acceptable to counsel for the Authority. 4. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When EDIP funds are awarded to an applicant pursuant to this Policy, such funds shall be used only_for the following purposes set forth in § 2.2 115( C ) of the Code of Virginia. Th. se purposes are as follows:: a. Public and private utility extension or capacity development on and off -_site; road. b. Road, rail, or other transportation access costs beyond the funding capability of existing programs; training costs;_ c. Public and private installation, extension or capacity development of high-speed of broadband Internet access. whether on or off site. d. Site acquisition; grading_ e. Grading, drainage, paving, and any other activity required to prepare a site for construction; construction. f. Construction or build -out of publicly or privately owned buildings; or anything else permitted_ 2. Training costs 18 h. Purchase and installation of tangible business property, located in the City of Virginia Beach, in the following categories: • Machinery and Tools • Tangible personal property used for research and development • Computer hardware used by l-aw:businesses primarily engaged in providing data processing services to other nonrelated or affiliated businesses • Programmable computer equipment and peripherals employed in a trade or business (not individual workstations) • Tangible personal property used in the provision of Lnternet services • Equipment used primarily for research, development, production or provision of biotechnology for the purpose of providing products or processes for specific commercial or public purposes • Tangible property designed and used primarily for the purpose of manufacturing a product from renewable energy 5. REPORTING. The Authority shall provide City Council semi annual reports, on or before June 30 and. December 31 of each year, outlining, in detail, the manner in which the funds were provided. Such reports shall include, at a minimum, the information required by subsections a, b, and c of paragraph 6 of Part A, subsections a, b, and c of paragraph 8 of PaftParts B and C, and information demonstrating compliance with the provisions of this Policy and Procedure. 6. AMENDMENTS TO POLICY. The provisions of this Policy shall not be amended without the prior consent and approval of the City Council and the Authority. 7. APPLICATION OF POLICY. This Policy is specifically applicable to the expenditure of EDIP funds. This Policy is not intended to be, nor shall it be deemed to be, applicable to the use of public funds from any source other than the EDIP. 8. EFFECTIVE DATE OF POLICY. This Policy shall become effective immediately upon its approval by the City of Virginia Beach and the City of 19 Virginia Beach Development Authority, which approval shall be evidenced by signature of the Mayor of the City of Virginia Beach and the Chair of the City of Virginia Beach Development Authority acting by, and on behalf of, the City and the Authority, respectively. Mayor, City of Virginia Beach Chair, City of Virginia Beach Development Authority 7D-EVALTH`.EDirED1P 2006 Policy & P nt.DOC 20 - 50 - Item V -K.3. ORDINANCES/RESOLUTIONS ITEM # 60307 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE a Mutual Aid Agreement for Emergency Fire and Emergency Medical Services with Currituck County, North Carolina. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A MUTUAL AID AGREEMENT FOR 3 EMERGENCY FIRE AND EMERGENCY MEDICAL 4 SERVICES BETWEEN THE CITY OF VIRGINIA BEACH 5 AND CURRITUCK COUNTY, NORTH CAROLINA 6 7 8 WHEREAS, Code of Virginia Section 27-2 authorizes local governments to enter 9 into mutual aid agreements for emergency fire and emergency medical services with 10 adjoining counties outside the Commonwealth; 11 12 WHEREAS, the City of Virginia Beach and Currituck County, North Carolina 13 maintain equipment and personnel for emergency fire and emergency medical response 14 within their respective jurisdictions, as well as, for the protection of adjacent 15 communities in other jurisdictions; 16 17 WHEREAS, the proximity of the Virginia Beach Emergency Medical Services and 18 the Virginia Beach Fire Department makes it the appropriate primary responder to the 19 Gibbs Woods area of Currituck County, and the location of the Currituck County 20 Emergency Medical Services and Fire Department makes it the appropriate primary 21 responder to the Knotts Island area of Virginia Beach; 22 23 WHEREAS, the City of Virginia Beach and Currituck County are each cognizant 24 of the benefits they will derive from a mutual aid agreement for emergency medical 25 services assistance; and 26 27 WHEREAS, the City of Virginia Beach and Currituck County desire to 28 memorialize their relationship and their respective responsibility as they relate to the 29 providing of emergency medical services assistance in a Mutual Aid Agreement (the 30 "Agreement"). 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1. That the Mutual Aid Agreement for emergency medical services (the 36 "Agreement") is hereby approved. 37 2. That the City Manager is hereby authorized and directed to execute said 38 Agreement on behalf of the City of Virginia Beach in accordance with the Summary of 39 Terms attached hereto. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day 42 of September , 2010. I APPROVED AS TO CONTENT: Emergency Medical Services APPROVED AS TO CONTENT: <i a, Fire Department CA10246 R-1 September 1, 2010 APPROVED AS TO LEGAL SUFFICIENCY: AGREEMENT FOR MUTUAL AID EMERGENCY MEDICAL SERVICES ASSISTANCEBETWEEN THE CITY OF VIRGINIA BEACH, VA AND CURRITUCK COUNTY, NC SUMMARY OF TERMS PARTIES: City of Virginia Beach (the "City") Currituck County, NC ("Currituck") PURPOSE OF AGREEMENT: To augment emergency response availability in the Gibbs Woods or Knotts Island area of Currituck County/Virginia Beach and the area of Virginia Beach south of Indian River Road and North Landing Road to Muddy Creek and Back Bay to the North Carolina border. TERM OF AGREEMENT: From date of execution until terminated by either party with 30 days written notice. RESPONSIBILITIES OF CURRITUCK: • Shall be primary responder for emergency medical services ("EMS") for Virginia Beach area of Knotts Island. • Shall be secondary responder for EMS for rural area of Virginia Beach south of Indian River Road from North Landing to Muddy Creek and Back Bay extending to the North Carolina border. RESPONSIBILITIES OF THE CITY: • Shall be primary responder for emergency fire and medical calls for service to the Currituck County area of Gibbs Woods • Shall be secondary responder for emergency fire and medical calls for service to Currituck County area of Knotts Island. SPECIAL TERMS AND CONDITIONS: Billing: Currituck shall bill the City for service calls by invoice. The City shall invoice Currituck annually in an amount equal to the total of all invoices received from Currituck during the year to achieve a zero balance. Insurance: Each party shall be responsible for meeting any insurance requirements. Liability: Each party agrees to hold the other harmless. Virginia Code § 27- 2 expressly states that the parties must indemnify each other. - 51 - Item V -K.4. ORDINANCES/RESOLUTIONS ITEM # 60308 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to DIRECT the City Auditor to conduct an audit of the Procurement Card Program. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 11 REQUESTED BY COUNCILMEMBER WOOD 1 A RESOLUTION DIRECTING THE CITY AUDITOR TO 2 CONDUCT AN AUDIT OF THE CITY OF VIRGINIA BEACH 3 PROCUREMENT CARD PROGRAM 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 1. That, pursuant to City Code 2-470, the City Auditor is hereby directed to conduct 7 an audit of the City of Virginia Beach procurement card program. The City has 8 established a procurement card program to streamline the acquisition and 9 payment process for low -dollar -value goods and for employees' City business 10 travel costs, which reduce paperwork and administrative costs. 11 12 2. That the audit shall address: (1) whether each Department or Office Director has 13 established documented Internal Control Procedures for his/her 14 department/office; (2) whether the procedures address the approval function, the 15 accounting/reconciling function, and any proposed card custody functions; (3) 16 whether proper review and approval is performed before payment of 17 procurement card transactions; and (4) whether transactions made with the 18 procurement card are made in accordance with Small Purchase/Travel Card 19 Procedures Manual. 20 21 3. That the City Auditor, in order to ensure a value-added and efficient audit, shall 22 use a risk assessment process to determine those cardholders and transactions 23 to be audited. 24 25 4. That, pursuant to City Code 2-468, the City Auditor shall have unrestricted 26 access to, and inspection of, all records of employee procurement card 27 transactions, bank statements, transaction Togs, and any other records necessary 28 to complete the audit. Adopted by the City Council of the City of Virginia Beach, Virginia, this 28thi day of September , 2010. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: X.7'•'),zeted City Attorney's Off! e CA11607 R-1 September 10, 2010 - 52 - Item V -K.5. ORDINANCES/RESOLUTIONS ITEM # 60309 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to ENCOURAGE preservation of the Historic Brick Sidewalks at Cavalier Shores. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 REQUESTED BY COUNCILMEMBER WILSON 1 A RESOLUTION TO ENCOURAGE PRESERVATION OF 2 THE HISTORIC BRICK SIDEWALKS AT CAVALIER 3 SHORES 4 5 WHEREAS, in 1927, Virginia Beach's historic Cavalier Hotel was constructed; 6 7 WHEREAS, also in 1927, brick sidewalks were installed in the adjacent Cavalier 8 Shores subdivision, east and west along the south side of 45th Street, and east and 9 west on both the north and south sides of 43rd and 44th Street, as well as the walk from 10 the Old Cavalier Hotel on the hill from Cavalier Drive to 45th Street; 11 12 WHEREAS, like the Cavalier Hotel, these brick sidewalks are historic structures 13 that form an integral part of Virginia Beach's architectural history; 14 15 WHEREAS, despite their historic nature, over the past ninety years, some of the 16 original bricks have been removed to accommodate utilities and curb cuts for residents 17 of Cavalier Shores; 18 19 WHEREAS, although City Code § 21-303 prohibits motorists from parking a 20 vehicle (or any portion of a vehicle) on a City sidewalk, some drivers have nevertheless 21 illegally parked their vehicles on the brick sidewalks, resulting in damage to the 22 sidewalks and creating a potential safety hazard for pedestrians and drivers; and 23 24 WHEREAS, City Council recognizes the historic nature of these brick sidewalks 25 and desires that the City and its residents take steps to preserve these brick sidewalks 26 as an historic amenity. 27 28 NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA THAT: 30 31 1. The City Manager is hereby requested to direct the Planning and Public 32 Works departments to ensure that actions are taken to preserve these historic brick 33 walkways to the extent feasible; 34 35 2. The City Manager is hereby requested to direct the Police Department and 36 its Community Service Officers to provide increased enforcement of the prohibition 37 against parking a vehicle on these sidewalks; and 38 39 3. The City Manager is hereby requested to direct the Department of 40 Museums and Historic Preservation to work with the City's Historic Preservation 41 Commission and other community groups to raise awareness of these historic 42 sidewalks, with the goal of preserving these sidewalks for future generations. I Adopted by the Council of the City of Virginia Beach this 28th day of September, 2010. APPROVED AS TO LEGAL SUFFICIENCY: CA11598 R-2 August 31, 2010 11 1 1 � � /tlirl,%,5T f 1 2?b:d37770. NrS a 3Na-rnv 0Ito doar [w+ r'_io at ori e .1� O Q a 4 4 k ' 'tlM- ON✓ OdON ill 11 i.+a.w .,as�afr" ad HON t, .4 77oH r(5l .V//l7 -53 - Item V-K.6.a/b/c ORDINANCES/RESOLUTIONS ITEM # 60310 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Voting: Ordinances to ACCEPT and APPROPRIATE: a. $314, 485 from Federal revenue to the Department of Housing and Neighborhood Preservation FY 2010-11 Operating Budget to assist Homeless Veterans and other individuals b. $198,676 from the United States Department of Justice Edward Byrne Assistance Grant re: Public Safety and Criminal Processing: (1) (2) (3) (4) (5) (6) (7) $50, 000 to the Police Department and Sheriff re: fiber installation at the Law Enforcement Training Academy $44, 496 to the Police Department re: Digital Storage $24, 000 to the Circuit Court Clerk's Office re: Part-time Office Assistant $44, 000 to the Sheriff re: Courthouse Security Improvement $18, 720 to the Juvenile and Domestic Relations Court re: Records Expungement $15, 050 to Community Corrections and Pretrial re: Batterer's Intervention $2,410 to Community Corrections and Pretrial re: Intoxilyzer c. $1, 000 from the National Library Service (NLS) and $1, 085 in donations to the Library Gift Fund re purchase of cartridges that enhance the use of NLS talking books and playback machines 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 II I I 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE 2 FY 2010-11 OPERATING BUDGET OF THE 3 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $314,485 is hereby appropriated, with federal revenues increased 10 accordingly, to the FY 2010-11 Operating Budget of the Department of Housing and 11 Neighborhood Preservation to assist homeless veterans and other homeless 12 individuals. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of September , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA11610 R-2 September 14, 2010 APPROVED AS TO LEGAL SUFFICIENCY: orney's Office I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR PUBLIC SAFETY AND CRIMINAL 3 PROCESSING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $198,676 is hereby accepted, with federal revenues increased accordingly, 9 from the Edward Byrne Justice Assistance Grant, through the United States Department of 10 Justice, and appropriated to the following agencies and departments as set forth below: 11 12 a. $50,000 to the Police Department and Sheriff's Office for fiber installation at the 13 Law Enforcement Training Academy; 14 b. $44,496 to the Police Department for a digital storage project; 15 c. $24,000 to the Circuit Court Clerk's Office for a contracted office assistant; 16 d. $44,000 to the Sheriff for the Courthouse Security Project; 17 e. $18,720 to the Juvenile and Domestic Relations District Court for a contracted 18 expungement clerk; 19 f. $15,050 to Community Corrections and Pretrial for a Batterer's Intervention 20 Program; and 21 g. $2,410 to Community Corrections and Pretrial for the purchase of intoxilyzers. 22 23 2. That all contracted positions funded through this grant shall be eliminated when 24 grant funding expires. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of September 2010. Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Management Services CA11612 R-1 September 16, 2010 Approved as to Legal Sufficiency: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $2,085 2 TO THE LIBRARY GIFT FUND 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $1,000 from the National Library Service (NLS) and $1,085 in donations are 8 hereby accepted and appropriated, with estimated revenue increased accordingly, to 9 the Library Gift Fund for the purchase of cartridges that enhance the use of NLS talking 10 books and playback machines. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of September , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services CA11608 R-2 September 14, 2010 IZ ity A �� ey's Office I -54- Item V -K 7. ORDINANCES/RESOLUTIONS ITEM # 60311 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to TRANSFER $26, 512 from the General Fund Reserve for Contingencies to the FY 2010-11 Operating Budget of the Clerk of the Circuit Court and APPROVE reinstatement of a full-time City position in the Circuit Clerk's Office Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 II 1 I 1 AN ORDINANCE TO TRANSFER FUNDS 2 FROM THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES TO THE FY 2010-11 4 OPERATING BUDGET OF THE CLERK OF 5 THE CIRCUIT COURT AND TO APPROVE 6 THE REINSTATEMENT OF A FULL-TIME 7 CITY POSITION IN THE CLERK'S OFFICE 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That a previously eliminated, full-time, City position be reinstated in the FY 13 2010-11 Operating Budget of the Clerk of the Circuit Court; and 14 15 2. That $26,512 is hereby transferred from General Fund Reserve for 16 Contingencies to the FY 2010-11 Operating Budget to fund the full-time City position. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of September , 2010. APPROVED AS TO CONTENT: Management Services CA11613 R-2 September 16, 2010 APPROVED AS TO LEGAL SUFFICIENCY: - 55 - Item V -K.8. ORDINANCES/RESOLUTIONS ITEM # 60312 ADDED Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to DECLARE September 28, 2010 "Virginia Beach City Public Schools Day". (5`" Best Large City Public School Division in the Nation) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 11 1 RESOLUTION RECOGNITION OF THE HIGH HONOR OF VIRGINIA BEACH SCHOOLS BEING NAMED 5TH BEST LARGE CITY PUBLIC SCHOOL DIVISION IN THE NATION WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, RESOLVED: RESOLVED: the Virginia Beach City Council acknowledges the high honor the public school division has incurred in being ranked the fifth best large city public school division in the nation; and this prestigious award resulted from a study conducted by GreatSchools, a national non- profit group which focuses on public and private education; and GreatSchools analyzed 17,377 cities to identify the best public school districts by population and median home price; and Ratings were based on a number of factors such as performance on state standards and the most recent data from the National Assessment of Educational Progress (NAEP); and VBCPS was cited for the high performance of its students, namely its rising scores on the SAT, Advanced Placement tests above the national average, state awards for excellence for most of its schools, the high percentage (84 percent) of students planning to pursue higher education, its listing of many of its 11 high schools in Newsweek's annual report of the best U.S. high schools, and its posting a graduation rate of nearly 83 percent, which is above the state average; and GreatSchools characterizes VBCPS as "Clearly a district on the move!" and now therefore be it That the City Council approve a recommendation to make Tuesday, September 28, 2010, Virginia Beach City Public Schools Day; and, be it further That a copy of this resolution be spread across the official minutes of this Council. Presented September 28, 2010 illiam D. Sessoms, Mayor Attest: -56- Item V -K. 9. ORDINANCES/RESOLUTIONS ITEM # 60313 ADDED Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution RECOGNIZING Chesapeake Bay Wine Classic Foundation 's 20`" Anniversary and more than $3-M charitable funds raised. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 RIESOL UTIOIa' EES: the Chesapeake Bay Wine Clasp Foundation was founded in 1991; WI -PERMS: the (Foundation is now a 501(0(3) non-profit organization celebrating its Twentieth year of service to the City of Virginia Beach, as weir as alT.7fampton Roads communities, with a primary focus of Helping to educate our youth; WXER,EAS: the activities of the Chesapeake Bay Wine Classic have 6rought Virginia Beach national attention through its fundraising events, including the "GrandAuction" and "Vintner of the Tear Dinner" ; ZEAS: Vintners and wine enthusiasts from all over the 'United States have come to Virginia Beach and provided a forum for local restaurants to feature their culinary skills. The Foundation's "Grand Tasting" held at the Virginia Beach Convention Center, educates the general pu6Cu through wine andfood seminars and provides a forum for local wine distri6utors to showcase their specialties; and, WXEREAS: The Foundation also sponsors a fishing tournament, "Wine, Women and Fishing" to support efforts for a cure of 6reast cancer. NOW, THEREFORE, BE IT RESOLVED, that the Virginia Beath City Councilhere6y recognizes the Chesapeake Bay Wine Classic `Foundation on its 20th Anniversary and its members for their steadfast dedication in raising more than $3-.Miltwn for various charita6Cefunds as welCas their tireless efforts andpersonaCsacrifices to serve theirfellow citizens, educate their children and provide funding for medical -research. Given under our hands and seals this 14th day of Septem6er, 2010. Council -Lady Zta Sweet Bet:Etto Councilman CjCenn 'Davis Counci Councilman6ert . '0o6" Dyer Lv Vice Mayor Louis1�JSones Counti[ #(arry Da. ( $. . Counci[LaIy Bar6ara7-renCey ( fr C. incifman John E. Vfirin 9v(ayor'William D. "'Will" Sessoms -57 - Item V -K10. ORDINANCES/RESOLUTIONS ITEM # 60314 ADDED Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution RECOGNIZING Max Bartoli and Ethan Martin for choosing Virginia Beach for the filming of "Atlantis Down" Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 41'Z: Ita- 5) +'y !ui :,,.,,*.,,,,'"x44... -.._,' M �11 .f•1 v RESOLUTION WIPEUAS: Two 9ilen. One 'Vision. One (Passion. 9ila.x,Bartofi and Ethan 94arten first met in 2006 at the New 7orklnternationatTi[m Festivafwhere both entered short films in the competition. they got to know each other because their respective firms were scheduled back-to-6ackin the same theater, i,j[EWLST: In the end they each achieved individual success and their films each won in their respective categories. Thus a fasting friendrhip was formedand, eventually, the became partners. `White they met 6y accident, their decision to film in' Virginia was, by no means, an accident. New 'Yorktranspfant and7-rampton Roads resident, Ethan 91arten, and Italian 9KaxBarto& put together the motion picture, ATLANTIS (D0`W}N, in 'Virginia Beach and cTortsmouth. Although this project could have taken place anywhere - - Italy, Spain, LosAngeles !where it was originally planned to 6efilmed7, Ethan 9ylarten Believed 'Virginia, particularly 7fampton Xoads, had everything they needed to produce the firm so he persuaded.MaX Barto& to visit 'Virginia Beach. They foundtheperfect location at'First Landing which offereda variety of Cooks, including woods. 7fere they couldproduce the firm for far less expense with the same quality of production. Some said this was impossible. They actually completed the filming in just thirteen days, a day short of the anticipated schedule; WieE Ef S': Just as the movie could have been filmed anywhere, the World (Premiere could have taken place anywhere..9fowever the (Producers chose the Commodore Theatre for the screening and 'Wort 'Premiere, which is to 6e held October'First and is aiready "sold out". The cast, crew, director and producer will be at each of the subsequent screenings at 7:00 TN October 2-7, 2010; EQEAS: Atrantis Down' takes place in the year 2025 when the space shuttle program has been privatized and Atlantis has been refegated to nothing more than a glorified between space stations. Its crew is on a routine mission, thinking they are conducting experiments when they encounter bursts of fight shutting dawn its instrumentation and feaving it adrift in space with the Rookie Astronaut in command Most of the crew is transported to another planetwhile others find themselves in the mid(& of a barren, desert wasteland Then the Rookie Astronaut realizes fie has been chosen to compete in a sort ofgafactic chess game with a superiorintelligence where losing means (Math; and WXERaiS: Commodore Theatre Owner, TreeSchoenfefd, Director and TroducersWa. Bartofr, andcEthan 6larten, are proud to present 7A74A90TS cDO`ws.N' in the luxuriously restored 1945 Art (Deco -style, state-of-the-art Commodore Theatre in Of& Towne, (Portsmouth, with its forty-one foot screen anCDC( andOOLB'YDIGITAL sound NOW g' [tEUTCYla, BE IT SOL'GW: That the 'Virginia Beach City Council- pauses in its deliberations to recognize 9,4ax,Bartofi andEthan Marten for their foresight, appreciation of the amenities in 'Virginia Beach where America's history actual& began at Cape 9fenryApril 26, 1607, and achievement of this' WorldcTremiere movie. Given under our hands and seals this Twenty-eighth day of September, Two Thousand andTen, lam- s. i4"' Council Lady tta Sweet Beliitto Councilman Glenn R (Davis Council it iam qi; "Bill" cDeSteph� Citric -it -man trbert j. "0o6" (Dyer Vice 9rlayor Louis ncitman John rE. `ZJhrin uncif Lady 2 os ry 'WiEwn James L 'Wood I - 58 - Item V -L. PLANNING ITEM # 60315 1. S. DA WSON and SUSAN P. STERLING NONCONFORMING USE 2. BEN JOHNSON MODIFICATION OF CONDITION No. 1 3. CAVALIER GOLF & YACHT CLUB CONDITIONAL USE PERMIT c/o JOHN MILLESON, SR. 4. GAIL HARTS PERFORMING ARTS GROUP, INC./TIBBITT PROPERTIES ACREDALE, L.L.C. 5. OCEAN RENTAL PROPERTIES, LLC CONDITIONAL USE PERMIT MODIFICATION OF CONDITIONAL CHANGE OF ZONING (previously approved by City Council (9/12/2000) 6. GEO I, L.L.C. c/o JOHN GEORGHIOU CONDITIONAL CHANGE OF ZONING 7. LITTLE THEATRE OF VIRGINIA BEACH APPROVE THREE (3) ROADSIDE GUIDE SIGNS September 28, 2010 I -59- Item V -L. PLANNING ITEM # 60316 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 (DEFERRED, 2, 3, 4, 5, 6 (DEFERRED) and 7 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis Item L.1. (S. DAWSON AND SUSAN P. STERLING) for a Nonconforming Use was DEFERRED INDEFINITELY, BY CONSENT. Item L.6. (GEO I, L.L.C. c/o JOHN GEORGHIOU) for a Conditional Change of Zoning was DEFERRED INDEFINITELY, BY CONSENT. September 28, 2010 - 60 - Item V -L.1. PLANNING ITEM # 60317 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, application of S. DAWSON and SUSAN P. STERLING for a Nonconforming Use to allow for an expansion of their existing dwelling at 801 Baltic Avenue. BEACH— DISTRICT 6 Application of S. DAWSON and SUSAN P. STERLING for a Nonconforming Use to allow for an expansion of their existing dwelling at 801 Baltic Avenue (GPIN #2427133700) BEACH— DISTRICT 6 Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 Item V-L.Z. PLANNING -61 - ITEM # 60318 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, application of BEN JOHNSON for Modification of Condition No. 1 at 612 Nevan Road (GPIN #2407885484) to expand the tattoo parlor into Suite 104. LYNNHAVEN— DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of BEN JOHNSON for Modification of Condition No. 1 at 612 Nevan Road (GPIN #2407885484) to expand the tattoo parlor into Suite 104. LYNNHA VEN — DISTRICT 5 The following conditions shall be required: 1. All conditions, with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2008, remain in effect. 2. Condition Number 1 of the September 23, 2008, Conditional Use Permit is deleted and replaced with the following: The Conditional Use Permit for a tattoo establishment with body piercing and permanent make-up applications in Suites 106 and 104 is approved for a period of one (1) year with an administrative review every year thereafter. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of September, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 Item V -L.3. PLANNING - 62 - ITEM # 60319 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of CAVALIER GOLF & YACHT CLUB C/O JOHN MILLESON, SR., for a Conditional Use Permit, outdoor recreational facility, 1052 Cardinal Road (GPIN #2418246584). LYNNHA VEN - DISTRICT 5. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CAVALIER GOLF & YACHT CLUB C/O JOHN MILLESON, SR., for a Conditional Use Permit, outdoor recreational facility, 1052 Cardinal Road (GPIN #2418246584). LYNNHAVEN - DISTRICT 5. R091037437 The following conditions shall be required: 1. The site shall be developed substantially in accordance with the Chesapeake Bay Area Preservation Board variance conditions approved May 24, 2010. Said Variance information is on file in the Virginia Beach Planning Department. 2. Additions and alterations to the Clubhouse facilities shall substantially adhere to the submitted plans titled "Upper Level Existing and New Work, Lower Level Existing and New Work and North and West Elevation Cavalier Golf & Yacht Club" prepared by Tymoff & Moss Architects. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Site improvements shall substantially adhere to the submitted plans entitled "CBPA Variance Exhibit, Parcel A, Re -subdivision of Property of Cavalier Golf & Yacht Club" dated March 30, 2010, and prepared by Gallup Surveyors & Engineers, LTD. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 4. The four (4) inflatable tennis court enclosures shall only be on the site November 1" through April 1s1 yearly. The inflatable enclosures shall be green in color so as to blend with the existing vegetation. The applicant shall obtain all necessary building permits, inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department before occupying the enclosures. During the months of November 1' through April r, the hours of operation shall be 8:00 AM through 9:00 PM. The applicant shall plant evergreen trees and shrubs along the Eastern side of the entrance road to the Clubhouse. The applicant shall work with current Planning Staff to determine an appropriate planting plan. The applicant shall install the plants as soon as possible upon approval by the City Council of this request. September 28, 2010 - 63 - Item V -L.3. PLANNING ITEM # 60319 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of September, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 - 64 - Item V -L.4. PLANNING ITEM # 60320 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of GAIL HARTS PERFORMING ARTS GROUP, INC./TIBBITT PROPERTIES ACREDALE, L.L.C. for a Conditional Use Permit re an indoor recreational facility at 5224 Indian River Road, Suite 113-116 (GPIN #1465472824) KEMPSVILLE - DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GAIL HARTS PERFORMING ARTS GROUP, INC./TIBBITT PROPERTIES ACREDALE, L.L.C., Conditional Use Permit, indoor recreational facility, 5224 Indian River Road, Suite 113-116 (GPIN #1465472824). KEMPSVILLE DISTRICT— 2 RO91037438 This Ordinance shall be effective in accordance with Section 107 () of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of September, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 1 - 65 - Item V -L. 5. PLANNING ITEM # 60321 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of OCEAN RENTAL PROPERTIES, LLC, re Modification of Conditional Change of Zoning (previously approved by City Council on September 12, 2000), 3202 Holly Road (GPIN #2418922503) to mods all previously approved Proffers to allow access from Holly Road in lieu of the approved access through the Huntwick Condominium Development. BEACH - DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OCEAN RENTAL PROPERTIES, LLC, re Modification of Conditional Change of Zoning (previously approved by City Council on September 12, 2000), 3202 Holly Road (GPIN #2418922503) to mods all previously approved Proffers to allow access from Holly Road in lieu of the approved access through the Huntwick Condominium Development. BEACH - DISTRICT 6 The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 ( of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of September, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.: Glenn R. Davis September 28, 2010 II 1 In Reply Refer To Our File No. DF -7738 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September -16, 2010 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Ocean Rental Properties, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 28, 2010. I have reviewed the subject proffer agreement, dated April 28, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen SB PREPARED BY: S\' ES. 11O1JRDON. MI AHERN & LEVY. P.C. FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS OCEAN RENTAL PROPERTIES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of April, 2010, by and between OCEAN RENTAL PROPERTIES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 1.183 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated June 14, 2000, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4297, at Page 1194 (hereinafter "2000 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and GPIN: 2418-92-2503 1 PREPARED BY: 5 13 SYKES, BOURIION. MI AH ERN & LEVY, P.C. WHEREAS, the clustered townhouse development Huntwick Condominium located adjacent to the south and west sides of the Property provides an appropriate residential transition between commercial development south of Pinewood Road and the residential uses to the North and this Property serves as a transition between the clustered condominiums to the South and the single family zoning to the North, and the swale on the north side of the Property forms a natural boundary; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees. that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped as a five (5) unit residential condominium consisting of two (2) separate buildings containing two (2) and three (3) dwelling units respectively, in order to achieve a coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping, tree preservation, building location, setbacks, building orientation, stormwater management facilities and open space to better foster a sense of community, it shall be developed substantially in accordance with the "ZONING/LANDSCAPE EXHIBIT FOR HOLLY ROAD TOWNHOME CONDOMINIUMS", dated 4/28/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Nan"). 2 S 1 PREPARED BY: SYKES, BOURDON, ® AH RN & LEVY, P.C. 2. When the Property is redeveloped, vehicular ingress and egress shall be via one (1) entrance from Holly Road. 3. When redeveloped, the architectural design, and exterior building materials of the residential buildings depicted on the Concept Plan will be substantially as depicted on the exhibit entitled, "HOLLY PINES CONDOMINIUMS", dated 4/27/10, prepared by Treystone, Inc. which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). 4. When redeveloped, those upland portions of the property's frontage on Holly Road shall be landscaped and fenced substantially as depicted and described on the "LANDSCAPE PLAN FOR HOLLY ROAD FRONTAGE, HOLLY PINES CONDOMINIUM", dated 4/28/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Plan"). The only permanent community identification sign shall be no larger than four (4) square feet in size and imbedded in the eastern face of the brick column as noted on the Concept Plan. The sign may not be internally illuminated. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 6. The Covenants, Restrictions and Conditions set forth herein replace and. supersede the "2000 Proffers". The Grantor further covenants and agrees that: All references hereinabove to the A-12 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated. herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: EU SYKES. POURDON. M ANERN & LEVY. P.C. WITNESS the following signature and seal: Grantor: Ocean Rental Properties, L.L.C., a Virginia limited liability company By: i/J/' (,l4.41-"' Steven Bishard, Managing Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 29th day of April, 2010, by Steven Bishard, Managing Member of Ocean Rental Properties, L.L.C., a Virginia limited liability company. My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: SYI:ES. 1OURDON, l ABERN & LEVY. P.C. Notary Public IS PREPARED BY: SYIC£S. BOURDON. AH£RN & LEVY. P.C. EXHIBIT "A" All that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as Site Number Eighty -Two (82), on that plat entitled, "Map of Linkhorn Park", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virgin: a Beach, Virginia, in Map Book 5, at Page 151. GPIN: 2418-92-2503 ModificationofProffers\Ocean Rental Properties\Holly Road Townhome Condos First Amendment to Proffers.doc - 66 - Item V -L.6. PLANNING ITEM # 60322 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon Application of GEO I, L.L.C. c/o JOHN GEORGHIOU for a Change of Zoning District Classification from R-10 Residential to Conditional R - 5D (WF) Residential at 4480 and 4488 Indian River Road (GPIN #1474254827) to allow residential development with Workforce Housing. CENTERVILLE — DISTRICT 1 This item is DEFERRED to allow sufficient time to further refine the proposal and proper advertisement. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 - 67 - Item V -L.7. PLANNING ITEM # 60323 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution upon application of LITTLE THEATRE OF VIRGINIA BEACH at 550 Barberton Drive to allow three (3) Roadside Guide Signs in the public right-of-way along Birdneck and Laskin Roads in accordance with Section 211.1 of the City Zoning Ordinance (CZO). BEACH — DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Resolution upon application of LITTLE THEATRE OF VIRGINIA BEACH at 550 Barberton Drive to allow three (3) Roadside Guide Signs in the public right-of-way along Birdneck and Laskin Roads in accordance with Section 211.1 of the City Zoning Ordinance (CZO). BEACH — DISTRICT 6 The following conditions shall be required: 1. Three(3) Roadside Guide Signs are approved as follows: a. One (1) sign within the Birdneck Road right-of-way on the East side of the road opposite the exit off Eastbound 1-264. This sign shall have one (1) face and be visible from the exit at the intersection with Birdneck Road. b. One (1) sign in the right -of way on the East side of Birdneck Road, South of the intersection of 24`h Street and Birdneck Road. This sign shall have one (1) face and be visible to Northbound traffic on Birdneck Road. c. One (1) sign in the median North of the intersection of 24`h Street and Birdneck Road. This sign shall have one (1) face and be visible to Southbound traffic on Birdneck Road. The general location of these signs is shown in red as "Staff Recommended Sign Location" on the map labeled, "Little Theatre of Virginia Beach." 2. Prior to installation of any Roadside Guide Sign, the applicant shall meet with the Traffic Engineer, or his designee, to determine exact locations and avoid conflicts with any existing signs. 3. Prior to erecting any sign, the Little Theatre shall provide Public Works, Real Estate, with a copy of a liability insurance policy naming the City as co-insured on the policy for the signs. 4. Sign and sign post materials shall meet specifications in the Public Works Standards for use in the public right-of-way. Contact must be made with the Traffic Engineer with any questions regarding the requirements. 5. The Roadside Guide Signs for the Little Theatre of Virginia Beach shall substantially adhere to the attached sign elevation submitted by the applicant. September 28, 2010 -68 - Item V -L.7. PLANNING ITEM # 60323 (Continued) 6. The signs shall be installed with a maximum height of nine and one -half -feet (9-1/2 ) above ground level and shall have a minimum clearance of seven (7) feet. 7. The Little Theatre shall maintain the signs in good condition at all times. Any sign not in good condition shall be subject to removal and disposal by the Department of Public Works. 8. The Department of Public Works may relocate any sign if necessary to accommodate public signage requirements. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 1 A RESOLUTION AUTHORIZING ROADSIDE 2 GUIDE SIGNS FOR THE LITTLE THEATRE 3 OF VIRGINIA BEACH, 550 BARBERTON 4 DRIVE (BEACH DISTRICT) 5 6 7 WHEREAS, the Little Theatre of Virginia Beach, (hereinafter the "Applicant), 8 located at 550 Barberton Drive (Beach District), is an establishment operated 9 exclusively for cultural and artistic purposes on a not-for-profit basis; and 10 11 WHEREAS, the Applicant has requested that it be allowed to erect five (5) 12 roadside guide signs in the public rights-of-way along Birdneck and Laskin Roads in 13 order to provide directions to the Little Theatre for the benefit of motorists unfamiliar 14 with its location; and 15 16 WHEREAS, the City Council finds that three (3) roadside guide signs are 17 sufficient to provide motorists with adequate guidance to the Little Theatre; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the placement of roadside guide signs by the Applicant is hereby 23 authorized, upon the following conditions: 24 25 1. Three roadside guide signs are approved as follows, and upon the following 26 conditions: 27 28 a. One sign within the Birdneck Road right-of-way on the east side of the 29 road opposite the exit off eastbound 1-264. This sign shall have one 30 face and be visible from the exit at the intersection with Birdneck Road. 31 32 b. One sign in the right-of way on the east side of Birdneck Road, south 33 of the intersection of 24th Street and Birdneck Road. This sign shall 34 have one face and be visible to north bound traffic on Birdneck Road. 35 36 c. One sign in the median north of the intersection of 24th Street and 37 Birdneck Road. This sign shall have one face and be visible to south 38 bound traffic on Birdneck Road; 39 40 The general location of these signs is shown in red as "Staff Recommended 41 Sign Location" on the map labeled, "Little Theatre of Virginia Beach." Said 42 map has been exhibited to City Council and is on file in the Planning 43 Department;" 44 45 2. Prior to installation of any roadside guide sign, the applicant shall meet with 46 the Traffic Engineer or his designee to determine exact locations and avoid 47 conflicts with any existing signs; 1 48 49 3. Prior to erecting any sign, the Little Theatre shall provide the Public Works 50 Real Estate Division with a copy of a liability insurance policy naming the City 51 as co-insured on the policy for the signs; 52 53 4. The sign and sign post materials shall meet applicable specifications in the 54 Public Works Standards for use in the public right-of-way; 55 56 5. The signs for the Little Theatre of Virginia Beach shall substantially adhere to 57 the attached sign elevation submitted by the Applicant. Said elevation has 58 been exhibited to City Council and is on file in the Planning Department; 59 60 6. The signs shall be installed with a maximum height of 9.5' above ground level 61 and shall have a minimum clearance of seven feet; 62 63 7. The Little Theatre shall maintain the signs in good condition at all times. Any 64 sign not in good condition shall be subject to removal and disposal by the 65 Department of Public Works; 66 67 8. The Department of Public Works may relocate any sign if necessary to 68 accommodate public signage requirements; and 69 70 9. Such signage shall in all other respects conform to the provisions of Section 71 211.1 of the City Zoning Ordinance. 72 73 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of September , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: W1 A.1 Planning I -'•artment CA11611 R-3 September 17, 2010 2/ 2 ice City Attorney's O 1 Little Theatre of Virginia Beach OSTAFF RECOMMENDED SIGN LOCATION IIAPPLICANT'S PROPOSED SIGN LOCATIONS LITTLE THEATRE OF VIRGINIA BEACH P. O. BOX 1053 • 24TH STREET 8 BARBERTON DRIVE • VIRGINIA BEACH, VA 23451 • (757) 428-9233 July 22, 2010 Mr. William Whitney, Jr. Director of Planning and Community Development 2405 Courthouse Drive Municipal Center, Bldg. 2 Virginia Beach, VA 23456 Dear Mr. Whitney: The Little Theatre of Virginia Beach requests approval to place roadside guide signs at three strategic locations as permitted under Section 211.1 of the Zoning Ordinance. LTVB is a not-for- profit, all -volunteer arts organization that is supported by the Virginia Beach Arts and Humanities Commission. Because we are located in a residential area away from the normal traffic patterns of residents as well as visitors, LTVB has sometimes been called "Virginia Beach's best kept secret." To remedy that, we propose to place signs to (1) increase the awareness of its existence and (2) help patrons find the theatre. We propose three locations, as detailed in the enclosed site plans. Since the signs must be visible to traffic going in both directions in two of those locations — on Birdneck Road at 24th Street and on Laskin Road at Birdneck Road — we are requesting that two signs be allowed in each of those locations, for a total of five signs. Thank you for your consideration. Please contact me if you need any more information. Robin C. Chapman President Little Theatre of Virginia Beach robin.chapman@cox.net 650-0138 cell, 629-2713 office Enclosures: Site plans (3) Sketch of proposed sign Check in the amount of $250.00 IJ - 0 w w w J H J IR INIA BEACH seg3u! 8 1004 I sign area = 5 square feet H I I I -4<z From:CVB Planning 09/15/2010 13:01 #206 P.003/003 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Cee 44cAto/ 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant (Attach list if necessary) N/4 ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list ifnecessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list ifnecessary) N/� ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or employee of the pity of Virginia Beach have an interest in the subject land? Yes No �' If yes, what Is the name of the official or employee and the nature of their interest? Conditional Rezoning Application Page 11 of 12 Revised 11!1812008 From:CV6 Planning 09/15/2010 13:01 #206 P.002/003 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent -subsidiary relationship" means "a relationship that e xists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity , (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be con sidered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Sigrratu PeL%n C. Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 713/2007 II 1 Board of Directors of Little Theatre of Virginia Beach, 2010-2011 Robin Chapman, President Mary Lou Mahlman, Vice President, Production Robin Martineau, Vice President, Business Jim Russell, Treasurer Lisa Bolen, Corresponding Secretary Shirley Hurd, Recording Secretary Paul Berryman Nancy Bloom Jeff Brangan James Bryan Kay Burcher Tom Coffey Beth Fotheringham Rita Gordon Donna Lawheed Dennis Lawheed Joan Patterson Gillian Spencer I - 69 - Item M.1 APPOINTMENTS ITEM # 60324 City Council RESCHEDULED, BY CONSENSUS the following Appointments: ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION VIRGINIA BEACH TOMORROW COMMISSION September 28, 2010 11 1 I -70- Item M.2 APPOINTMENTS ITEM # 60325 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Sheila P. Brathwaite Marjorie B. Smallie 2 year term 11/01/2010 —10/31/2012 HISTORICAL REVIEW BOARD Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis September 28, 2010 I -71 - Items P. ADJOURNMENT ITEM # 60326 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:34 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ai._rAz—i'J ulh Hodges Fraser, MMC City Clerk City of Virginia Beach, Virginia William D. Sessoms, Jr. Mayor September 28, 2010 -71 - Items P. ADJOURNMENT ITEM # 60326 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:34 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Fraser, MMC City Clerk Mayor William D. Sessoms, Jr. City of Virginia Beach, Virginia September 28, 2010