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DECEMBER 6, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside -District d GLF,NN R. DAMS, Rose Hall -District 3 WIl,I,IAM R. UeSTE'l'H, Ar-Large HARRY E. DIEZEL, Kempsville -District 1 ROBERT M. DYER, Centerville -District BARBARA M. HENLEY, Princess Anne -District 7 JOHN U.MOSS, At-Large JOHN E. UHR/N, Beach -District h ROSEMARY WILSON, At-Large JAMF,S L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - .LAMES K. SPORE CITY ATTORNEY -MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 6 December 2011 C/TYHALL BUILD/NG 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL/SCHOOL BOARD JOINT MEETING -Building 19 - 3:00 PM A. FUNDING FORMULA -Discussion II. COUNCIL INFORMATION SESSION -Conference Room - 4:30 PM III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - 5:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Douglas Rosenvinge, Pastor Prince of Peace Lutheran 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 A. CONVENTION CENTER HOTEL PRESENTATION Steve Herbert, Assistant City Manager H. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Ordinance re the Employment Contract of the City Manager. November 22, 2011 2. Resolution COMMENDING Kevin Orth and Atlantic American Partners re rehabilitation of Twin Canal Village Apartments 3. Ordinance re MODIFICATION of a $5 Million interest-free loan to the Virginia Beach Rescue Squad to reduce payments from $500,000 to $250,000 a year for the life of the loan 4. Ordinance to ACCEPT and APPROPRIATE a $427,610 COPS Secure Our Schools (SOS) grant from the U.S. Department of Justice and to TRANSFER $427, 610 in matching funds within the Schools Budget re school security 5. Ordinance to TRANSFER $416,085 within Capital Improvement Program (CIP) Projects re energy conservations features for the proposed Chesapeake Beach Fire and Rescue Station J. PLANNING 1. Application of VILLAGE CHURCH for a Modification of a Conditional Use Permit (approved September 27, 2005) to delete Condition No. 1 re the portable trailer at 4013 Indian River Road (DISTRICT 1 - CENTERVILLE) 2. Application of RANDY TILLMAN for a Conditional Use Permit re creation of four new residential lots at 1646 -1650 Princess Anne Road (DISTRICT 7 -PRINCESS ANNE) 3. Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO): a. §201(e) re fences in side yard setbacks b. §501 re outdoor recreation and amusement facilities in Residential Districts c. §503 re height regulations for public schools in Residential Districts 4. Application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan re the Virginia Aquarium and Owls Creek Area Master Plan K. APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD DEFERRED COMPENSATION BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION PLANNING COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL SESSION SCHEDULE Date Time Meetin December 13, 2011 TBA Briefings, Informal Session, Formal Session January 3, 2012 TBA Back to the normal schedule If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 -1- MINUTES VIRGINL9 BEACH CITY COUNCIL Virginia Beach, Virginia December 6, 2011 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL/ SCHOOL BOARD JOINT BRIEFING re the School's FUNDING FORMULA - in Building 19, Tuesday, December 6, 2011, at 3:00 P. M. Council Members Present.• Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None School Board Members Present: Vice Chairman William J. "Bill" Brunke, Dr. Todd C. Davidson, Emma L. Davis, Chairman Daniel D. Edwards, Dottie Holtz, Brent N. McKenzie, Ashley K McLeod, Sam Reid and Carolyn D. Weems School Board Members Absent: Patrick S. Salyer Sandra Smith-Jones -Resigned) December 6, 2011 -2- CITY COUNCIL/SCHOOL BOARD JOINT MEETING FUNDING FORMULA -Discussion ITEM # 61443 The City Manager advised he and Superintendent James Merrill were tasked by the City Council and School Board with the responsibility of reviewing the Formula. The City Manager advised most schools are physically dependent. The majority of the School Boards in this country have the authority to raise their own revenue. (Elected School Boards with taxing authorityJ. •There are, however, eight states, besides Virginia, that have fiscally dependent School Districts: Alaska, Connecticut, Massachusetts, New Hampshire, North Carolina, Tennessee and Rhode Island. There are states with a blended approach: Arizona (6 of 222 are fiscally dependent); Maine (199 of 285 are fiscally dependent); New York (the S large City School Districts are fiscally dependent while 677 are fiscally independent), Pennsylvania (only Philadelphia is fiscally dependent) and South Carolina (27 of 86 are fiscally dependent). Some of the districts that are fiscally dependent do not have the exact same funding model as Virginia. For example, Alaska is one of four "equalization " states which receives a substantial amount of federal revenue because of the large amount of federal land and the number of military bases that are not eligible for taxation. These federal funds are distributed through an education foundation formula to all Districts, and then the state provides the lion's share of remaining foundation funding. Twenty-six of Alaska's 53 Districts are fully funded by the state, while the remainder receive some local contribution. •In other states a few Districts noted they had abandoned their revenue-sharing agreements during tough times, most notably Charlotte-Mecklenburg County Schools. •Some of the agreements did include enrollment as a part of their formula, though this is evident predominantly in areas where enrollment was increasing. While Virginia is a fiscally dependent state, the vast majority of its School Districts do not have arevenue-sharing agreement with their local government. Some have "Gentlemen's Agreements "that are not codified, such as an agreement to equally divide all new revenue each year. •City Staff collected copies of eight d~erent funding agreements/approaches from Virginia localities. Of those agreements, the four Northern Virginia School Districts (Arlington, Manassas, Manassas Park, and Prince William) provided their Schools with access to more revenue streams than the City of Virginia Beach. Recent History Over its life the application of the Formula for School funding has worked well for the Schools and the City •Schools have been successful due to funding that was beyond the requirements of the Standards of Quality (SOQ's) •The last three years of a "down economy" has brought intense pressure to the revenue for both the City and the Schools •External one-time revenues cast false context around School funding December 6, 2011 -3- CITY COUNCIL/SCHOOL BOARD JOINT MEETING FUNDING FORMULA -Discussion ITEM # 61443 (Continued) •False context distorted formula efficacy •Fiscal management of City and Schools became mired in political controversy •City Council and Schools Board desire a solution •City Manager and Superintendent were asked to present their recommendations Shared Beliefs Beach Schools have seen academic success due to historically strong Ciry Council support for School funding: Sth best large City School Division in the nation 10 high schools ranked top 6% nationwide by Washington Post SAT's lead the region SAT's, Advanced Placement and ACT participation rates reaching historic levels Meet or exceed state on graduation rates and dropout rates Lead the state on number of GED completions and the pass rate exceeds the state average Top state honors for Best Green Organization and Best Green Institutional Project Notwithstanding employee compensation, given the results, the financial support for programs has been sufficient A funding Formula is preferred When implemented with fidelity Because it provides for better planning Because less time is wasted on distractions Because it mitigates against non productive agendas Because it tends to eliminate acrimony A funding Formula is best designed When the source of revenue is as diverse and expansive as possible When City and Schools 'restricted funds and grants are not part of the calculation When designed as bi factor formula with SOQ requirements plus additional revenue When the sources of local funding for Schools are fully determined by City Council and the sources are not a matter of concern to the School Board When enrollment fluctuations are accounted for December 6, 2011 -4- CITY COUNCIL/SCHOOL BOARD JOINT MEETING FUNDING FORMULA -Discussion ITEM # 61443 (Continued) A funding agreement is best maintained when Both City Council and School Board co-sign a joint resolution on a funding relationship A mandatory annual review between staff addresses changes or concerns each year rather than delaying adjustments in order to avoid turmoil Upon approval of a funding relationship resolution, within 6 months City and School Staff will develop a joint resolution addressing City and School reserves as well as modified lump sum funding Formula Options Continue existing Formula as is Modem existing formula to different ratio Eliminate Formula Establish service/fee-based Formula Establish ratio-based Formula using S year history, based on total unrestricted City revenue Establish hybrid of SOQ and portion of total unrestricted local tax revenue Continue Existing Formula Use 51.3% of current streams (Real Estate Tax; Personal Property Tax; General Sales tax; Utility Tax; VA Telecommunications Tax )net ofE911); Business License Tax; Cable Franchise Tax (through 2016) Does not account for annual fluctuations Has not been followed the past three years Calculation: Estimated FY2013 Formula Revenue (net of dedications) _ $698.6-Million Local allocation to Schools of $358.4-Million FY 2013 December 6, 2011 -S- CITY COUNCIL/SCHOOL BOARD JOINT MEETING FUNDING FORMULA -Discussion ITEM # 61443 (Continued) Modify Existing Formula Change percentage to a d~erent ratio of revenue streams currently dedicated to Revenue Sharing Formula Consider using S year rolling average Add local funding adjustments to hold Schools harmless for state's local composite adjustment in down years Service/Fee-Based Formula Difficult to put price tag on the cost of educating children with so many d~erent needs, from so many backgrounds Schooling is not a widget or factory model Actual cost of some services would far exceed current budgets Cannot charge fee for service in public education Ratio-Based Formula Use more revenue streams for calculation purposes Source of funding can come from any or all streams (unrestricted ) City and Schools can better absorb shocks by using as many funding streams as possible Rely less on the over-weighting of property taxes as a source of funding for Schools Based on a five year rolling average Uses a five year average for calculation, an amount which has historically funded the Schools successfully S Year Ratio Based Methodology is to use a rolling average of the local allocation to Schools as a percentage of the total budget, net state and federal funding The percentage for Schools will change each year based on the rolling average The calculation FY 2012 the budget net of state and federal = $1.1535-Billion The rolling average local allocation = $373.3 million (FY 08-12) Resulting percentage is 32.36% FY 2013 's estimated budget net of state and federal is $1.104-Billion (based on S- Year forecast) 32.36% of FY 2013 estimated budget results in School allocation of $357.5- Million December 6, 2011 -6- CITY C O U N C I L/SCHOOL BOARD JOINT MEETING FUNDING FORMULA -Discussion ITEM # 61443 (Continued) SOQ Model Codifies City requirements for SOQ (Standards of Quality) If state funding down, then local up in accordance with LCI adjustments Enrollment fluctuations are captured since state formulas account for student enrollment data This model documents clearly and separately show how much more beyond state requirements that Virginia Beach funds its Schools Remainder of local funding beyond SOQ covers all those things that set Virginia Beach Schools above the rest and `Ahead of the Curve ", i. e. Parental school choice through Academies, Advanced Academic Programs, Governor's School Advanced Technology Center Extra-curricular offerings Gifted and special educational services • Uses total City unrestricted local tax revenue to establish ratio for funding beyond SOQ requirement • Uniquely different, not a remix of the current RSF SOQ Formula Mechanics Calculation Uses FY2013 total non-dedicated local tax revenue = $742.9-Million. Deduct States' Standards Of Quality (SOQ) required local match. Estimated FY 2013 to be $157.7-Million (actual requirement to be provided by State Department of Education after Governor's budget submission) Then takes 33.5% of the remaining non-dedicated local tax revenue to provide the estimated City local allocation of $195.9-Million (still estimated numbers) December 6, 2011 - 7- CITY COUNCIL/SCHOOL BOARD JOINT MEETING FUNDING FORMULA -Discussion ITEM # 61443 (Continued) SOQ Formula for FY2013 (Based on estimates) SOQ Local Match Requirement $157.7-Million Additional formula allocation $195.9-Million TOTAL $353.6-Million Formula Options Continue existing Formula as is Modem existing Formula to d~erent ratio Eliminate Formula Establish service/fee-based Formula Establish ratio-based Formula, using S year history, based on total unrestricted City revenue RECOMMENDATION.• Use hybrid of SOQ and portion of unrestricted local tax revenue formula Next Steps City Council and School Board discuss merits and reaction among themselves Manager and Superintendent are given direction by their governing bodies (December) Manager and Superintendent meet to adjust/modem (.7anuary) Schedule late January Joint Meeting Correspondence of Councilman Moss re NEEDS BASED FORMULA FUNDING -Virginia Beach Schools is hereby made a part of the record. December 6, 2011 -8- ITEM # 61444 The CITY COUNCIL/SCHOOL BOARD JOINT MEETING Recessed at 3:49 P.M. to the City Council Information Session, City Council Conference Room, City Hall Building I, Room 234. Beverly O. Hooks, CMC Chief Deputy City Clerk - - --------~~t,~,~~ th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor December 6, 2011 -8- ITEM # 61444 The CITY COUNCIL/SCHOOL BOARD JOINT MEETING Recessed at 3:49 P.M. to the City Council Information Session, City Council Conference Room, City Hall Building I, Room 234. Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor December 6, 2011 -9- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 6, 2011 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING SESSION in the City Council Conference Room, City Hall Building I, Room 234 at 4:30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None December 6, 2011 -10- CITY COUNCIL LIAISIONREPORTS 4:30 P.M. ITEM # 61445 Council Lady Wilson referenced and distributed a publication: "Our Waters, Our Town -Local Governments' Role in the Watershed Implementation Plans" by the Local Government Advisory Committee, Alliance for the Chesapeake Bay': ITEM # 61446 Council Lady Henley referenced the extremely successful showcase of the Mayor's Committee on Aging (fully funded by the Vendors). The Bikeways/Trails Advisory Committee requested Council Lady Henley express their appreciation to the City Council re the Shore Drive projects. The Open Space Advisory Committee was pleased re the purchasing of the Rock Church property, which has been one of their top priorities, since the program was developed around 2000. This will probably join Stumpy Lake, Pleasure House Point and some of the others as being truly Legacy Projects. The Sustainability Steering Committee had its first Meeting last week, which was extremely well attended. The Committee is working on a plan, which should come back to the City Council in about six (6) months. The last of the Community Workshops was held at Creeds, Thursday evening, December 1, 2011. Council Lady Henley was advised this was the best attended of all the Meetings. ITEM # 61447 Management Partners recommended the Hampton Roads Partnership take the lead role in organizing shared services projects as part of a Coordinated Regional Initiative. The first pilot project includes the Cities of Chesapeake, Norfolk and Virginia Beach. The steering committee guiding the project held its first meeting November 30, 2011. Councilman Davis and the City Manager attended the first regionally Chaired Services Committee, sponsored by the Hampton Roads Partnership, with Councilman Barclay C. Winn -Norfolk, Councilman Rick West -Chesapeake in attendance as well as the City Managers. There were also Sea Level Executives in attendance from large companies in the area, including Dollar Tree, Amerigroup and Norfolk Southern. The Committee looks forward to developing ideas re shared resources or find greater eff ciencies within the cities as a Region. ITEM # 61448 Councilman DeSteph referenced at the last MEDAC (Military Economic Development Advisory Committee Meeting, the members reviewed their Annual Report. Councilman DeSteph will provide this Report to the Delegates. The members are breaking for the Holidays. Therefore, the next meeting will be in January. The Bikeways Task Force video was referenced by Councilman DeSteph. December 6, 2011 -11- CITY COUNCIL COMMENTS ITEM # 61449 4:35 P.M. Council Lady Henley referenced the application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC. for the Modification of Proffers 11, 18, 19 and 30) (Approved in a Conditional Change of Zoning by City Council on May 10, 2005, at Princess Anne Road, Ashville Park, Village B DISTRICT 7 -PRINCESS ANNE . This item is RESCHEDULED for the City Council Session of December 13, 2011. Council Lady Henley had requested certain information from the staff and will be happy to provide copies, if requested, to City Council Members in Friday's package. Council Lady Henley requested copies of the Planning Commission transcriptions. She regrets verbatims no longer being available due to budgetary concerns. The Planning Commission had discussions re the rationale of doing away with the wage restricted housing. Six of the present Council Members were not on City Council and the Conversations from the Planning Commission was about the fact that age restricted housing allowed additional density, additional rather than the one unit per acre in the areas with age restricted housingJ. The age restricted housing would not create as much demand for infrastructure. Council Lady Henley wishes to see the original plan, as well as other information. In their discussions, the Planning Commission recommended approval, they and the applicant's attorney indicated they would be resolving some issues before it came before City Council. Council Lady Henley was not sure this will be accomplished. Her concerns relate to the funding plan. Budget is developing the Transition Area Update. This Plan was accompanied with a Financing Plan and special revenue fund to finance future infrastructure. This Revenue Fund was suspended in the 2009-2010 Budget. There are 1339 units that have been approved for that area, plus others that may come in compliance with this plan. However, there is no provision for the infrastructure, which was an important element. This report does include a list of the infrastructure projects, which were thought to be Transition Area projects. However, these are not shown on the list of road projects. This item should be suspended, so when activity starts occurring again, the City Council will be able to revisit the subject and determine how the infrastructure could be provided. Mayor Sessoms suggested a delay of some type be requested. All information referenced shall be provided to City Council by Jack Whitney -Director of Planning. ITEM # 61450 Councilman DeSteph and Councilman Wood met with Chairman Daniel D. Edwards, Emma L. Davis re the Great Neck Middle School issue, attempting to resolve the situation with the neighbors, which did not go as well as anticipated. Councilman DeSteph asked the City Manager to confer with Superintendent Merrill to develop options and solutions in order to devise some type of resolution. December 6, 2011 -12- CITY COUNCIL COMMENTS ITEM # 61451 Councilman Moss has attended, but not watched the Sustainability issues on the City's Web Site and believes there is an intellectual bias from the sustainability group that has not given sufficient credence to free market solutions. Councilman Moss hopes everyone maintains an "open mind ". Councilman Moss will be sharing other material. There is a whole body of knowledge other than from the Urban Land Institute that has a whole different approach. The City Council has looked on the flaws of the Sustainability model and hopes everyone keeps an open mind and examines the real economics of what is being proposed versus a reality of what happens. Council Lady Henley advised comments are requested from everyone to encompass a broad range. There is no preconceived model. Comments are invited. ITEM # 61452 Councilman Moss advised, independent of the School Funding Formula, the City Council has their own issues. Although the FY 2012-2013 Operating Budget will not be received until March 27, 2011, Councilman Moss suggested upfront fiscal guidance be provided, or allow a procedure, within our own Unfinished or New Business by the Council during this period. Procedural votes could be utilized to decide where the City Council is as a "body "; thereby, not leaving the new Budget "to chance ". December 6, 2011 -13- AGENDA REVIEW SESSION 4:45 P.M. ITEM # 61453 BY CONSENSUS, the following shall compose the CONSENT AGENDA: 1. Ordinance re the Employment Contract of the City Manager. 2. Resolution COMMENDING Kevin Orth and Atlantic American Partners re rehabilitation of Twin Canal Village Apartments 3. Ordinance re MODIFICATION of a $5-Million interest-free loan to the Virginia Beach Rescue Squad to reduce payments from $500, 000 to $250, 000 a year for the life of the loan 4. Ordinance to ACCEPT and APPROPRIATE a $427, 610 COPS Secure Our Schools (SOS) grant from the U.S. Department of Justice and to TRANSFER $427, 610 in matching funds within the Schools Budget re school security 5. Ordinance to TRANSFER $416, 085 within the Capital Improvement Program (CIP) re energy conservations features for the proposed Chesapeake Beach Fire and Rescue Station Item I.1. Employment Contract of the City Manager will be pulled as there are speakers registered. Item I.S. Ordinance to TRANSFER $416, 085 within Capital Improvement Program (CIP) Projects re energy conservations features for the proposed Chesapeake Beach Fire and Rescue Station. Council Members DeSteph and Moss did not concur with this item being on the Consent Agenda. Councilman Moss will make a SUBSTITUTE MOTION. December 6, 2011 -14- AGENDA REVIEW SESSION ITEM # 61454 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING 1. Application of VILLAGE CHURCH for a Modification of a Conditional Use Permit (approved September 27, 2005) to delete Condition No. 1 re the portable trailer at 4013 Indian River Road (DISTRICT 1- CENTERVILLE) 2. Application of RANDY TILLMANfor a Conditional Use Permit re creation of four new residential lots at 1646 -1650 Princess Anne Road (DISTRICT 7 -PRINCESS ANNE) 3. Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO): a. ~201(e) re fences in side yard setbacks b. ~¢SOl re outdoor recreation and amusement facilities in Residential Districts c. ,¢503 re height regulations for public schools in Residential Districts 4. Application of CITY OF VIRGINL4 BEACH to AMEND the Comprehensive Plan re the Virginia Aquarium and Owls Creek Area Master Plan Item 3. Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance c.,¢503 re height regulations for public schools in Residential Districts (shall be DENIED BY CONSENT) December 6, 2011 -15- ITEM # 61455 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees City Manager Contract PUBLICLY-HELD PROPERTY.• Discussion or consideration of the, acquisition of real property for public purpose, 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: Lynnhaven District PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(30). Convention Center Hotel Term Sheet Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:53 P.M. December 6, 2011 -16- ITEM # 61455 (Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None (Closed Session: (4:53 P.M. - 5:53 P.M.) December 6, 2011 -17- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 6, 2011 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINL9 BEACH CITY COUNCIL in the Ciry Council Chamber, City Hall, on Tuesday, December 6, 2011, at 6.•00 P.M. Council Members Present: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. Sessoms, James L. Wood "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and Council Members Absent: None INVOCATIDN.• Reverend Douglas Rosenvinge, Pastor Prince of Peace Lutheran Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an off cer of TowneBank (which has a corporate off ce 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 identify 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. December 6, 2011 -18- 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 ident~ing 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 ident~ing 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. December 6, 2011 -19- Item - V-E.1 CERTIFICATION ITEM # 61456 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting.• 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 6, 2011 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 #61455, Page 1 S, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irginia requires a 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 December 6, 2011 -20- Item - V-F.1 MINUTES ITEM # 61457 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 22, 2011. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., and John E. Uhrin Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining.• Rosemary Wilson and James L. Wood Council Lady Wilson and Councilman Wood ABSTAINED as they were not in attendance ,during the City Council Session of November 22, 2011. December 6, 2011 -21- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 61458 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 6, 2011 -22- Item V-G.A. CONVENTION CENTER HOTEL PRESENTATION ITEM # 61459 Steve Herbert, Deputy City Manager, advised this is a Briefing re the proposed Convention Center Headquarters Hotel and the expanded conference space. Said presentation is hereby made a part of the record. It will contain background on key events, the reasoning for a Convention Center Headquarters Hotel, location, the type of hotel product, and why this project will require some public support. Patricia Phillips, Director of Finance, discussed the potential benefits of the project, the components of the "deal ", the risk, how this will be managed and how this will make good business sense for the City. James Ricketts, Director of Convention and Visitors Bureau, provided a recap and prospective from the City Staff. Members of Armada Hoffler were in attendance. Lou Haddad, President and Chief Executive Officer, l introduced his team, and discussed the approach to this proposed project. This initiative got underway June 2007. Resolutions were adopted July 17, 2007, requesting the Virginia Beach Development Authority explore the potential development of a Convention Center Headquarters Hotel and requested the Virginia Beach Development Authority explore the potential development of the "Dome Site" for the purpose of enhancing the Resort Industry and improving the economic vitality of the City. Other representative of the hotel industry. David Tarr- Senior Vice President Development -Hyatt US James Carroll -President, Chief Executive Officer -Crestline Hotels and Resorts Mr. Haddad , Mr. Tarr and Mr. Carroll explained each facet they represent in this proposed project. Hyatt US will be the 4-Star hotel and the facility will probably become a "Hyatt Regency ". Crestline Hotels and Resorts will manage the finished facility. December 6, 2011 -23- Item i! I. ORDINANCES/RESOLUTIONS ITEM # 61460 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 2, 3, 4, of the CONSENTAGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 6, 2011 ;~ ~ City of Virginia Beach ..~.. .~~ ~ - ~a~q~~s ::.~ O~G~ ~p BUR NAT~~N VBgOV.GOt71 JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN -AT--LARGE MOSSJOHN~COX.NET 6 December 2011 BR 0001 Dear Virginia Beach Residents: Consistent with the position I articulated during my recently concluded campaign for City Council, I will not vote in the affirmative to renew the City Council's employment relationship with the current City Manager. The incumbent City Manager's contract expired on 30 November 2011. Trust is a function of alignment of interests. My assessment is that the City Manager and I are not in alignment on our respective definitions of the public interest and the obligations of, and acceptable behavior for, a City Manager. The former misalignments preclude a relationship based on trust. Therefore, I cannot vote in favor of City Council continuing an employment relationship with Mr. Spore. I have carefully crafted this correspondence to talk about a misalignment from my perspective on governing principles and values that transcend performance issues. I recognize that my assessment may not be shared by a majority of fellow Council Members. Once the vote is concluded and the decision is legally recorded and executed, I will consider the matter closed until emergent circumstances justify considering a new course of action. I do not support employment contracts for City Council appointees. No other City Council appointee has an employment contract. No member of the Governor's cabinet and no member of the President's cabinet have an employment contract. To the best of my knowledge no city employee has an employment contract with the City Manager. I do not support a class of benefits for the position of City Manager that is not received by all City Employees, for example paying the full cost of the City Manger's health insurance premium for a family plan -this is not a general employee benefit. I do not support a total compensation package for the position of City Manager that exceeds that of the United States Secretary of Defense. I am certain the job of Secretary of Defense is more difficult than the job of being the Virginia Beach City Manager. To hold a position of leadership is to accept the moral obligation to serve others before self. To serve others before self, one cannot accept what is denied to those whom you serve. Leaders drink last from the well when their followers are thirsty. Therefore, the City Manager position should riot be granted 4109 RICHARDSON ROAD, VIRGINIA BEACH, VIRGINIA 23455 employment benefits different from any other position in the City, save severance benefits to acknowledge the "at-will" employment nature of the position. A hallmark of my campaign was its civility and its focus on issues. I have carried on that tradition with this issue. There is always room to agree to disagree with civility and provide the voters with the basis to hold us accountable for our respective positions. I enter this correspondence into the official record of the Tuesday, December 6, 201 I, meeting of the Virginia Beach, Virginia, City Council to ensure that the reasoning for my vote is preserved. Sincerely, t,~~ ~~ ~I t 1 ~~-~~,. ~.., ~~,'"~'~ Jp~n I~~Moss t: Cc: Mayor and Members of City Council -24- Item V.I.l. ORDINANCES/RESOLUTIONS ITEM # 61461 The following registered in Opposition: Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke his concerns in a poem Dianna Howard, 1057 Debaca Court, Phone: 721-5728, stated that last year, all City employees received a raise and 10% of City employees received a 7.5% pay increase. The City cannot afford any spending increases. Councilman Moss read his statement that he would not vote in the affirmative to renew the City Council's employment relationship with the current City Manager. "My assessment is the City Manager and 1 are not in alignment on a respective definition of the public interest and obligations. " I cannot vote in favor of City Council continuing an employment relationship with Mr. Spore. " Said correspondence is hereby made a part of the record. Councilman DeSteph advised he would not vote in the affirmative to renew the City Council's employment relationship with the current City Manager. "I have lost confidence in the City Manager's ability to have staff provide accurate, timely information. " Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance re the Employment Contract of the City Manager. Voting: 9-2 Council Members Voting Aye: Glenn R. Davis, William R., 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: John D. Moss and William R. "Bill "DeSteph Council Members Absent: None December 6, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE APPROVING AN EMPLOYMENT CONTRACT FOR THE CITY MANAGER WHEREAS, the most recent contract between the City and the City Manager regarding his employment expired on November 30, 2011; and WHEREAS, the parties desire to renew that contract, with certain amendments, to November 30, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA: That the employment contract between the City of Virginia Beach and the City Manager, for the term of December 1, 2011 to November 30, 2013, attached hereto, is approved, and the Mayor is authorized to execute the contract on behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of December , 2011. APPROVED AS TO LEGAL SUFFICIENCY: . ~~- City Attorney s Office CA12078 November 16, 2011 R-1 -25- Item i! 1.2. ORDINANCES/RESOLUTIONS ITEM # 61462 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Resolution COMMENDING Kevin Orth and Atlantic American Partners re rehabilitation of Twin Canal Village Apartments Mayor Sessoms PRESENTED the parchment Resolution to Vicki Stevenson, Twin Canal Neighborhood Network Coordinator, 1484 Drawbridge Circle. Voting: I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 6, 2011 REQUESTED BY COUNCILMEMBER DAVIS 1 A RESOLUTION COMMENDING KEVIN ORTH AND 2 ATLANTIC AMERICAN PARTNERS FOR THEIR 3 REHABILITATION OF TWIN CANAL VILLAGE 4 APARTMENTS 5 6 WHEREAS, Twin Canal Village Apartments on Lynnhaven Parkway near South 7 Independence Boulevard was constructed in 1979; 8 9 WHEREAS, in the years that followed, the property deteriorated, and that 10 deterioration adversely impacted the quality of life for residents and neighbors; 11 12 WHEREAS, Atlantic American Properties, LLC, headed by managing partner 13 Kevin Orth, acquired the property in January 2010 and then invested approximately $11 14 million to rehabilitate the property; 15 16 WHEREAS, their comprehensive renovation of the property included physical 17 upgrades such as new roofs, windows, siding, stairways, paving, lighting, fencing, 18 HVAC, appliances, cabinets and flooring-improvements valued at $37,000 per unit; 19 20 WHEREAS, thirty of the apartments were reconfigured to provide full accessibility 21 for disabled persons with mobility impairments; 22 23 WHEREAS, additional improvements include a new community center with 24 computers for resident use, room fora Head Start program, and a future HUD 25 Neighborhood Network Center that will provide access to computer technology, 26 employment training and other important services; 27 28 WHEREAS, the owner also made significant safety and security upgrades, 29 including a beautifully landscaped guardhouse at the entrance with access restrictions 30 to the property, new lighting throughout, and enhanced screening of potential tenants; 31 32 WHEREAS, the property achieved EarthCraft Multifamily certification for its 33 significant energy efficiency improvements and environmentally sustainable practices; 34 35 WHEREAS, the owner worked closely with the City's Housing and Neighborhood 36 Preservation, Planning, and Police departments to implement these comprehensive 37 renovations in ways that would most benefit residents and the neighborhood; 38 39 WHEREAS, the dramatic transformation of this property will significantly improve 40 the quality of life for its residents and will provide them greater comfort and safety, as 41 well as access to resources that can enable them to achieve a better life for themselves 42 and their children. 43 44 45 46 47 48 49 50 51 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby commends Kevin Orth and Atlantic American Partners for their rehabilitation of Twin Canal Village Apartments and the positive contributions they have made for residents of the apartments, the surrounding neighborhood, and our entire City. Adopted by the City Council of the City of Virginia Beach, Virginia, this hth day Of DecPmhar , 2011. APPROVED AS TO LEGAL SUFFICIENCY: ~''~T>d~f' Jll~u'~t~t City Attorney's Office CA12043 R-1 November 9, 2011 -26- Item V.1.3. ORDINANCES/RESOLUTIONS ITEM # 61463 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance re MODIFICATION of a $S-Million interest free loan to the Virginia Beach Rescue Squad to reduce payments from $500, 000 to $250, 000 a year for the life of the loan Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 6, 2011 1 AN ORDINANCE TO MODIFY THE $5,000,000 2 INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 RESCUE SQUAD 4 5 WHEREAS, the City of Virginia Beach approved a loan of $5,000,000 to the Virginia 6 Beach Rescue Squad, Inc. ("Rescue Squad") on September 4, 2007 for the design and 7 construction of a new building; and 8 9 WHEREAS, the Rescue Squad gave the City a promissory note ("Note"), dated 10 September 5, 2007, in the amount of $5,000,000; and 11 12 WHEREAS, the Rescue Squad and the City amended the Note in December 2010 13 to provide a change in the repayment schedule; 14 15 WHEREAS, the Rescue Squad and the City further amended the Note in April 2011 16 to clarify the payment schedule further in regard to the payment dates; and 17 18 WHEREAS, the Rescue Squad and the City desire to amend the Note to provide for 19 a reduced yearly payment spread over additional years. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That, subsequent to execution of same by the Rescue Squad, the City Manager or 25 his designee is authorized and directed to execute an amendment to the Note to change the 26 payment schedule as set forth in the attached Exhibit, titled "Amendment Three to the 27 Promissory Note." Adopted by the Council of the City of Virginia Beach, Virginia on the titr day of ~~ee~~ac~~ 2011. APPROVED AS TO CONTENT mergency Medical Services APPROVED AS TO CONTENT Finance Department APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services City Attorney's Office CA12085 / R-1 /November 22, 2011 AMENDMENT THREE TO PROMISSORY NOTE BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA BEACH RESCUE SQUAD, INC. Whereas, the City of Virginia Beach received a promissory note ("Note") from the Virginia Beach Rescue Squad, Inc., dated, September 5, 2007, in the amount of $5,000,000; and Whereas, the City of Virginia Beach and the Virginia Beach Rescue Squad, Inc. desire to modify the Note as provided herein; NOW, THEREFORE, the Note is hereby modified as follows: 1. Payment on principal shall amended to provide: On or before January 28, 2009 - $500,000 On or before January 28, 2010 - $500,000 On or before January 28, 2011 - $250,000 On or before January 28, 2012 - $~8~989 250,000 On or before January 28, 2013 - $~A8;A98 250,000 On or before January 28, 2014 - $~8~899 250,000 On or before January 28, 2015 - $~99~250,000 On or before January 28, 2016 - $99;000 250,000 On or before January 28, 2017 - $~89;9A8 250,000 On or before January 28, 2018 - $89;989 250,000 On or before January 28, 2019 - $250,000 On or before January 28, 2020 - $250,000 On or before January 28, 2021 - $250,000 On or before January 28, 2022 - $250,000 On or before January 28, 2023 - $250,000 On or before January 28, 2024 - $250,000 On or before January 28, 2025 - $250,000 On or before January 28, 2026 - $250,000 2. The "Maturity Date" shall be January 28, ~9 2026. 3. All other terms and conditions of the Note shall remain as provided in the Note. WITNESS the following signatures. VIRGINIA BEACH RESCUE SQUAD, INC. Title: Date: CITY OF VIRGINIA BEACH, VIRGINIA City Manager or designee Date: APPROVED AS TO CONTENT: Title: Date: APPROVED AS TO LEGAL SUFFICIENCY: Title: Date: -27- Item V 1.4. ORDINANCES/RESOLUTIONS ITEM # 61464 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT and APPROPRIATE a $427, 610 COPS Secure Our Schools (SOS) grant from the U.S. Department of Justice and to TRANSFER $427, 610 in matching funds within the Schools Budget re school security Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 6, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE AND TO TRANSFER GRANT FUNDS AND THE LOCAL MATCH TO THE SCHOOL GRANTS FUND WHEREAS, The Virginia Beach Police Department applied fora 2011 COPS grant on behalf of the Virginia Beach City Schools for the purchase of security equipment and systems; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $427,610 is hereby accepted from the U.S. Department of Justice and appropriated, with federal revenue increased accordingly, to the Operating Budget of the Police Department; and 2. $427,610 is hereby transferred from the Operating Budget of the Police Department to the School Grants Fund (Fund 116); and 3. $427,610 is hereby transferred from the Operations and Maintenance Classification of the School Operating Fund to the School Grants Fund for the local match. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of December , 2011. 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 City Attorney's Office CA12088 R-1 November 21, 2011 ~~±± pp ~~~~~ ~~~~ ~~~~.~~ J~~~id~.7 A H E A D O F T H E C U R V E SCHOOL BOARD Daniel D. Edwards RESOLUTION REGARDING FY 2011-12 BUDGET AND . Chairman oistrid t -centerviue REQUEST FOR A CATEGORICAL11=UfVD TRAfVSFER 1585 Lake James Drivo VA Beach, VA 23464 495-3551 {h}.717-oz59(ci WHEREAS, the City of Virginia Beach's adopted Budget~Ordinance for the current fiscal year appropriated tNitliamJ."BiEP'f3ranke,IV Chalnnan Vi funds to the School Board of the City of Virginia Beach by major Category; and ce• District 7 -Princess Anne aos9 B=oxwood Drive suite tos requires tha# grant related expenditures be made as amended 1-115 the Gode of Virginia §22 WHEREAS Virginia Boach, VA 23462 222-0134(w}•286.2772 (c} , , . , in a separate Fund or Category; and Todd C. Davidson arded a COPS Secure Our Schools Grant in the t D t B h P li i i At-Large was aw epar men ce eac o n WHEREAS, the Virg a 1861 Mayherry Drive 610 from the U.S. De artment of Justice; and amount of $427 p VA Beach, VA 23456 , 427-3330(wJ •285.9409(c~ WHEREAS, the School Board has committed matching funds in the amount of $427,610 in its Operating Emma L. "Em"Davis DistriUS-Lynnnaven Budget; grid 1125 Michaelwood Drive VA Beach, VA 23452 610 is required to be moved from the Federal Grants Contingency to the newly created $427 WHEREAS 340-891 t (h} , , COPS Secure Our Schools Grant in the School Board's Grants Fund which action wil! require School Board Dorothy M. "Dottie" tlostz At-Large approval; and 1304 Downs Lane VA Beach, VA 23455 the School Board requests a CategoricallFund transfer in the amount of $427,610 from the WHEREAS 46o-2aao (n} , Operating ~untl 1.15 to the Grants Fund 116 far the School Board's match; and Brent N, Mckenzie Dislrict3-Rose-Hall 1400 Brookwood Place the CategoricallFund transfers must be approved by the School Board and the City Council prior WHEREAS VABeach,VA 23453 , t0 eX endlture of SUCK funds t) the SCho(31 Board; and p y 816-2736 {c} Ashley K. McLood the School Board wil! be responsible for all aspects of administering the grant including the WHEREAS Al•Large 5508DeIParkAvenue , matching funds; and VA Beach, VA 23456 55z-o34s(n} NOW, THEREFORE BE !T Samuel G, "Sam" Reid District6--Beach RESOLVED: That the School Board approves and affirms the transfer and above listed recommended uses of 1533 VA Beach Blvd. VA Beach, VA 23454 these funds; and be it 284.1067 (sJ FURTHER RESOLVED: That the School Board requests that the City Council approve the CategoricallFund Patrick S. Salyer At-Large transfer shown above; and be it 4849 Haymarket Drive A 23462 2 4t S 6 0 FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School ' - Va t and the Clerk of the School Soard is directed to deliver a copy of this Resolution to the Mayor, each Board can , District2-Kempsville Member of the City Council, the City Manager, and the City Clerk, Carolyn D. Weems Dislrict4-Bayside Adopted by the School Board of the City of Virginia Beach this 15th day of November 2011 1420 Claudia (hive VA Beach, VA 23455 464-6674 (h( SUPERINTENDENT Daniel D. Edwards, School Board Chairman James G.MerriEl.Ed,D. Attest: 2512 George Mason Driva VA Beach, VA 23456 263-1007 ;p ~} ~ • ,, , ~ U - ~-•~~E-C~C~rn-~ Dianne P. Alexander, Clerk of the Board School Administration Banding • 2512 George 3vtason Drive • P.O. Box 8{)38 • Virginia Beach. VA 23458-0038 • • ~ ALTERNATE VERSION REQUESTED BY COUNCILMEMBER MOSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER $416,085 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO CIP #3-244 "FIRE AND RESCUE STATION - CHESAPEAKE BEACH" TO FUND THE ENERGY-SAVING FEATURES PROPOSED FOR THE PROJECT WHEREAS, the Fire and Rescue Station -Chesapeake Beach design-build proposal includes energy saving features including a geothermal heating and cooling system, LED lights, digital controls, energy recovery ventilators, automatic lighting controls, and building overhangs for passive shading, which when design and contingencies are included total $416,085. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $416,085 is hereby transferred from the General Fund. Reserve for Contingencies to CIP #3-244, "Fire and Rescue Station -Chesapeake Beach" to fund the energy-saving features proposed for the project. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. APPROVED AS TO LEGAL SUFFICIENCY: .~~ City Attorney's Office CA12090 R-ALT December 6, 2011 -28- Item V.1 S. ORDINANCES/RESOLUTIONS ITEM # 61465 Jimmy Frost, 2240 Windom Place, Phone: 343-6768, advised he was involved in the Fire Department back in the 1980's as a Volunteer. When Company 8 and 3 were built, the funds came from the General Fund. Mr. Frost did not understand why it was coming from someplace else this time. Mayor Sessoms advised there was an overage and the funds still come from the General Fund, but it has come for a d~erent purpose and because of the overages it is coming from an environmental savings for projects that are included in the development of the Fire House. A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Councilman DeSteph, that the subject funds of $416, 085 come from the Reserve for Contingency Fund for the Budget called General Fund for Reserve for Contingencies. Voting: 2-9 (SUBSTITUTEMOTIONLOST) Council Members Voting Aye: John D. Moss and William R. "Bill "DeSteph Council Members Voting Nay: Glenn R. Davis, ,Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None December 6, 2011 -29- Item V.1 S. ORDINANCES/RESOLUTIONS ITEM # 61465 (Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to TRANSFER X416, O85 within Capital Improvement Program (CIP) projects re energy conservation features for the proposed Chesapeake Beach Fire and Rescue Station Voting.• 10-1 Council Members Voting Aye: Glenn R. Davis, William R. Dyer, Barbara M. Henley, D. Sessoms, Jr., John E. Wood "Bill " DeSteph, Narry E. Diezel, Robert M. Vice Mayor Louis R. Jones, Mayor William Uhrin, Rosemary Wilson and James L. Council Members Voting Nay.• John D. Moss Council Members Absent: None December 6, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER FUNDING FROM CIP #3- 140, "ENERGY PERFORMANCE CONTRACTS (CITY)" TO CIP #3-244 "FIRE AND RESCUE STATION - CHESAPEAKE BEACH" TO FUND THE ENERGY-SAVING FEATURES PROPOSED FOR THE PROJECT WHEREAS, the Fire and Rescue Station -Chesapeake Beach design-build proposal includes energy saving features including a geothermal heating and cooling system, LED lights, digital controls, energy recovery ventilators, automatic lighting controls, and building overhangs for passive shading, which when design and contingencies are included total $416,085; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $416,085 is hereby transferred from CIP #3-140, "Energy Performance Contracts (City)" to CIP #3-244, "Fire and Rescue Station -Chesapeake Beach" to fund the energy-saving features proposed for the project. Adopted by the Council of the City of Virginia Beach, Virginia on the tith day of December 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l ~. ~~~~ Management Services City Attorney's Office CA12090 R-2 November 23, 2011 -30- Item V.J. PLANNING 1. VILLAGE CHURCH 2. RANDY TILLMAN 3. CITY OF VIRGINIA BEACH AMEND CITYZONING ORDINANCE 4. CITY OF VIRGINIA BEACH AMEND the Comoprehensive Plan ITEM # 61466 MODIFICATION OFA CONDITIONAL USE PERMIT (Approved September 27, 2005) CONDITIONAL USE PERMIT a. ~201(e) re fences in side yard setbacks b. X501 re outdoor recreation and amusement facilities in Residential Districts c.,¢503 re height regulations for public schools in Residential Districts Virginia Aquarium and Owls Creek Area Master Plan December 6, 2011 -31- Item V J. PLANNING ITEM # 61467 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1, 2, 3a. b., 3c. (Denied), and Item 4 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 6, 2011 -32- Item V.J.1. PLANNING ITEM # 61468 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED and CONDITIONED, BY CONSENT, Ordinance upon application of VILLAGE CHURCH for a Modi acation of a Conditional Use Permit (approved September 27, 2005) to delete Condition No. 1 re the portable trailer at 4013 Indian River Road (GPIN 1474623633). (DISTRICT 1-CENTERVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VILLAGE CHURCH for a Modification of a Conditional Use Permit (approved September 27, 2005) to delete Condition No. 1 re the portable trailer at 4013 Indian River Road (GPIN 1474623633). (DISTRICT 1-CENTERVILLE) The following conditions shall be required: All conditions, with the exception of Number 1, attached to the Conditional Use Permit granted by the City Council on September 23, 2003, and MODIFIED on September 27, 2005, remain in effect. 2. Condition Number 1 of the September 27, 2005, Conditional Use Permit is deleted and replaced with the following: a. The Site shall be developed and constructed in substantial conformance with the Site Plan entitled "Church Facility for The Village Church, sheet 3 of 13 ", prepared by Hunt Club Consulting, dated February 13, 2004, revised by hand to depict the location of the portable trailer and landscaping buffer, with the exception of the additions of Conditions 2 through 6 Modifications listed in the September 23, 2003, Conditional Use Permit approval. 3. The portable trailer shall be as represented in the photograph entitled "Front Elevation ", undated. A foundation skirt or landscaping shall be provided around the perimeter of the portable trailer. The portable trailer shall be limited to a five (S) year period. After such time, the portable trailer must be removed from the property 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 Sixth of December, Two Thousand Eleven December 6, 2011 -33- Item V.J.1. PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: ITEM # 61468 (Continued) Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 6, 2011 -34- Item T! J.2. PLANNING ITEM # 61469 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED and CONDITIONED, BY CONSENT, Ordinance upon application of RANDY TILLMAN for a Conditional Use Permit re creation of four new residential lots at 1646 -1650 Princess Anne Road (DISTRICT 7 - PRINCESSANNE); (GPINs 2402979733, 2412077207. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RANDY TILLMAN for a Conditional Use Permit re creation of four new residential lots at 1646 -1650 Princess Anne Road (GPINs 2402979733, 24120772070) (DISTRICT 7 -PRINCESS ANNE); 80121137450 The following conditions shall be required: The site shall be developed substantially in accordance with the submitted Subdivision Plan entitled "Subdivision of Property of Laura Frances Tillman, Trustee Under the Laura Frances Tillman Declaration of Trust and 1.033 acre parcel, Subdivision of Property for Laura Frances Tillman, " dated June 8, 2010, prepared by Gallup Surveyors & Engineers, Ltd. Said Plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall maintain the on-site gravel driveway sufficient to support emergency vehicles at all times. 3. Private access easements shall be placed over the shared access points. 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 Sixth of December, Two Thousand Eleven Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 6, 2011 -35- Item V.J.3.a/b/c ITEM # 61470 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, applications of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO): a. ~'201(e) re fences inside yard setbacks b. X501 re outdoor recreation and amusement facilities in Residential Districts: AND, DENIED, BY CONSENT: c. X503 re height regulations for public schools in Residential Districts Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 6, 2011 1 AN ORDINANCE TO AMEND 201(e) OF THE CITY 2 ZONING ORDINANCE PERTAINING TO FENCES IN 3 SIDE YARD SETBACKS 4 5 Section Amended: § 201(e) 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 201(e) of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 17 ALL DISTRICTS 18 19 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 20 PARKING AND OFF-STREET LOADING 21 22 .... 23 24 Sec. 201. Yards. 25 26 .... 27 28 (e) Requirements for Fences and Walls. 29 30 (1) Fences and walls shall not exceed a height of eight (8) feet. Walls and 31 fences may project into or enclose any part of any yard; provided, 32 however, that any fence or wall which projects into or encloses a required 33 front or side yard adjacent to a street shall not exceed a height of four (4) 34 feet except in the case of a through lot when a required front yard setback 35 is clearly and physically the rear of the dwelling, an eight-foot fence will be 36 allowed, and provided further that no fence or wall may be erected closer 37 than five (5) feet to any right-of-way line, and where it is closer than ten 38 (10) feet to any right-of-way line, it shall have installed between it and the 39 right-of-way line Category I landscaping. 40 41 (1a) Fences constructed of materials generally recognized on an industry-wide 42 basis as maintenance-free, such as vinyl, may be located on a right-of- 43 way line, provided that (i) Category I landscaping shall be installed 44 immediately inside the entire length of any such fence; (ii) the height of 45 any such fence shall not exceed the limits set forth in subsection (e)(1) 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 above; and (iii) any such fence shall be no greater than fifty (50) percent opaque. Fences or walls six feet or less in height, located on corner lots, may be erected in the required side yard setback, substantially parallel to the right- of-way line located adjacent to the side yard, in line with the closest corner of any nonconforming dwelling The closest corner of the nonconforming dwelling shall not include fireplaces, bay windows or similar amenities. No such fence or wall may be erected closer than five (5) feet to any right-of-way line, and where it is closer than ten (10) feet to any right-of-way line, Category I landscaping shall be installed between the right-of-way line and the fence. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of December, 2011. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO AMEND SECTION 501 OF THE CITY ZONING ORDINANCE PERTAINING TO RECREATION AND AMUSEMENT FACILITIES OF AN OUTDOOR NATURE IN RESIDENTIAL ZONING DISTRICTS Section Amended: § 501 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 501 of the City Zoning Ordinance is hereby amended and reordained to read as follows: ARTICLE 5. -RESIDENTIAL DISTRICTS Sec. 501. -Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Uses Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S Recreation and C C C C C C C C C amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council, except that riding academies and recreational campgrounds shall not be allowed. Such facilities may include permanently enclosed components, provided such components do not exceed a total of twenty (20) percent of the area encompassed by the conditional use permit and the activities conducted therein are identical to those conducted outdoors or specificallYpermitted by the conditional use ep rmit 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of 32 December, 2011. -36- Item V.J.4. PLANNING ITEM # 61471 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, application of the CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan re the Virginia Aquarium and Owls Creek Area Master Plun. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 6, 2011 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING THE VIRGINIA AQUARIUM AND 3 OWLS CREEK AREA MASTER PLAN, NOVEMBER 2011 4 AND REVISE THE POLICY DOCUMENT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Virginia Aquarium and Owls Creek Area Master Plan, November 10 2011, has been developed with extensive input from the community and all 11 stakeholders; 12 13 WHEREAS, there are several revisions that are necessary to bring the adopted 14 Comprehensive Plan into conformity with the Virginia Aquarium and Owls Creek Area 15 Master Plan, November 2011; and 16 17 WHEREAS, the Virginia Aquarium and Owls Creek Area Master Plan, November 18 2011, and the attached revisions to the Policy Document should be adopted as part of 19 the Comprehensive Plan. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 25 amended and reordained by: 26 27 1. The adoption of the Virginia Aquarium and Owls Creek Area Master Plan, 28 November 2011. Such document is made a part hereof, having been exhibited to the 29 City Council and is on file in the Department of Planning; and 30 31 2 The revision of the Policy Document, pertaining to the Virginia Aquarium 32 and Owls Creek Area Master Plan, November 2011, as shown on the attached 33 document entitled "Comprehensive Plan Policy Document Revisions, Chapter 1: 34 Introduction-Comprehensive Plan Map, Chapter 3: Suburban Area-Suburban Focus 35 Area 4--Virginia Aquarium & Owls Creek Master Plan, November 2011." Such 36 document is made a part hereof, having been exhibited to the City Council and is on 37 file in the Department of Planning. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on this 6th day of 40 December, 2011. -37- Item V-L.1 APPOINTMENTS ITEM # 61472 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITYSERVICES BOARO DEFERRED COMPENSATIONBOARD ENERGYADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS AND RECREATION COMMISSION PLANNING COMMISSION December 6, 2011 -38- Item V-L.2 APPOINTMENTS ITEM # 61473 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Rod Rodriguez (moved from Alternate to full term) S year Term 1/1/12-12/31/16 BOARD OF ZONING APPEALS Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 6, 2011 -39- Item V-L3. APPOINTMENTS ITEM # 61474 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Dennis Sabota Reese Smith, Jr. 3-Year Term 1/I/12-12/3l/l4 REAPPOINTED: Voting: 11-0 Jeanne Evans-Cox Stephen McNulty Brad Martin Paul R. Schmidt 3-Year Term 1/1/12-12/31/14 CHESAPEAKE BAYPRESERVATIONAREA BOARD Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 6, 2011 -40- Item V-L.4. APPOINTMENTS ITEM # 61475 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: John D. Moss Unexpired Thru 12/31/12 PLUS 2 Years to 12/31/14 HAMPTON ROADS PLANNING DISTRICT COMMISSION Voting.• 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 6, 2011 -41- Item V-LS. APPOINTMENTS ITEM # 61476 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Randy Thompson 3-Year Term 1/1/12-12/31/14 RESORT ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 6, 2011 -42- Item V-L6. APPOINTMENTS ITEM # 61477 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Prescott Sherrod 4-Year Term 1/1/12 -12/31/1 S VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION Voting: I1-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 6, 2011 -43- Item V.N. ADJOURNMENT ITEM # 61392 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7:37 P.M. ~ ~01~~ - ------------ -------f------ Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non-Agenda Items adjourned at 7: SS P.M. December 6, 2011 -43- Item V N. ADJOURNMENT ITEM # 61478 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7:37P.M. --- ~ ~~!UJ/~~ Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia The Public Dialogue re Non Agenda Items adjourned at 7: SS P.M, December 6, 2011 -44- PUBLIC DL4LOGUE John Dean, 309 Swordfish Lane, Phone: 721-7051, spoke re tax exemption. For the last five (5) years, his tax exemption has been renewed. For the years 2011-2012; however, it was DENIED. The reason given for the DENIAL is his ownership of a small house outside the City of Virginia Beach. However, according to the requirements received for a tax reduction program in 2005, he still qualifies. There is no mention of a restriction concerning public properties outside of the primary residence if your assets are still below the Disclosure maximum. The Disclosure does not sped the type of assets, only the total value. Mayor Sessoms advised Mr. Dean, the matter would be referred to City Attorney Mark Stiles, who would respond. Robert R. Merhige, III, Special Prosecutor, 920 Windsor Road, Phone: 641-5310, Post Office Box 956, Virginia Beach 23451, spoke in response to the Virginian Pilot "Opinion Column " by Kerry Dougherty. Her column was unsupported by a single fact to support her conclusion re the Convention Center Head- quarters Hotel. Said statement by Bob Merhige is hereby made a part of the record. Rick Kowalewitch, 233 16``' Street, Phone: 831-6143, registered in Opposition to a Convention Center Hotel, (DID NOT ANSWER CALL TO SPEAK) Reid Greenmun, 2405 Cliff Cutter Drive, spoke in OPPOSITION to the Convention Center Hotel, and asked for a Referendum and consideration to change the process on any project (other than a School project) over $10-MILLION to require thirty (30) days after the initial Public Briefing, prior to any vote by City Council, and that all documents be placed on the City's Web Site available for citizens to have more than five (5) days to review the information. Citizens will not be able to give sound recommendations with only five (5) days. Mr. Greenmun encouraged the City Council to change the process. Citizens should have thirty (30) days to consider any item of major funding proposed by the City. Frank Bowman, 1437 Reynard Crescent, Phone: (301) 221-8316, long time resident and member of the "Occupy Virginia Beach" movement, which encompasses people of all races, classes and creeds. The members are non-violent and non partisan. They teach global democracy and basic human rights for the citizens. Mr. Bowman spoke in opposition to the Convention Center Hotel. Donna Digati, 309 Plaza Trail Court 23452, Phone: 633-6674, member of "Occupy Virginia Beach ". (DID NOT ANSWER CALL TO SPEAK) Lynne Bornstein, 2153 Creeks Edge Drive, Phone: 477-3439, spoke re Beaches and Waterways Final Draft. This Draft will be released and submitted to the City Manager later this week. This document has dramatic impact on the residents along Long Creek Cove on or near Lynnhaven Drive. Mrs. Bornstein is very concerned for her own residence, as well as 86 other single family homes in the neighborhood, specifically those residents along the proposed truck route. The Final Draft states that in conclusion when the Commission considers all the adverse impacts from the surrounding neighborhoods associated with Maple Street, the residents will suffer very severe financial burdens and loss of quality of life along the Long Creek Cove neighborhood with the resulting industrialization of a serene vista plus other minor impacts associated with a site along Long Creek on Lynnhaven Drive., The residents strongly recommend that the Long Creek/Lynnhaven site be used as the DMTS location for that Service Area. City Council should consider directing the removal of Maple Street from further consideration as a Dredge Material Transfer Station. Caleb Dobbs, 1100 Woodcock Lane, Phone: 620-6932, spoke in Opposition to the Convention Center Hotel. "The City Council is not a bank. " Reference was made to "Youthism for Americanism ". December 6, 2011 -45- Dianna Howard, 1057 Debaca Court, Phone: 721-5128, spoke in Opposition to the Convention Center Hotel. Localities, sometimes with State assistance, have invested massive amounts of capital to host events and new Convention Center construction and expansion of existing facilities which only adds to this major funding. December 6, 2011