OCTOBER 23, 2012 MINUTESCITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
GLENN R. DAV1S, 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 Arne - District 7
JOHN D.MOSS, At -Large
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSON, At -Lenge
JAMES L. WOOD, l.vnnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER -
JAMES K. SPORE
CITYAITORNEY-
MARKD. STILES
CITYASSESSOR -
JERALD D. BANAGAN
CITYAUDITOR-1.YNDONS.
REMIAS
CITY CLERK - RUTH
HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
I. CITY COUNCIL'S BRIEFINGS
23 OCTOBER 2012
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.conr
- Conference Room -
A. OLD DOMINION UNIVERSITY CENTER FOR INNOVATIVE
TRANSPORTATION SOLUTIONS
Dr. Asad Khattack, Director
Dr. Mike Robinson, Associate Director
Dr. Mecit Cetin, Associate Director
B. CHMURA ECONOMICS and ANALYTICS REPORT -
STATEWIDE ECONOMIC IMPACT OF POTENTIAL NBA FRANCHISE
Xiaobing Shuai, Senior Economist, Chmura Economics and Analytics
C. MINORITY BUSINESS COUNCIL ANNUAL REPORT
Patricia A. Phillips, Director of Finance
Wanda Cooper, Chair, MBC
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:30 PM
5:30 PM
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Rabbi David Barnett
Temple Emmanuel Synagogue
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 October 9, 2012
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
1. VETERANS DAY NATIONAL COMMITTEE
VIRGINIA BEACH - REGIONAL SITE FOR VETERANS DAY 2012
Priscilla Beede, Parade Consultant
I. PUBLIC COMMENT
1. 2013 Legislative Package to the General Assembly
J. PUBLIC HEARING
1. SALE OF EXCESS CITY -OWNED PROPERTY
405 Fountain Drive
2. EMERGENCY MEDICAL RESPONSE AMBULANCE SERVICE
K. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. §§16-44 and 16-54 re the definition of net appreciation and re -sale of Workforce
Housing units
b. §4-1 re permissible dates for issuance of special event permits for horseback riding
C. REPEAL §§7-21, 7-22, 7-24, 7-25, 7-29, 7-30 and 7-31 re registration of wheeled
devices and AMEND §7-59.5 re use of various devices at the Resort Area, Boardwalk
and Town Center
2. CITY/SCHOOL REVENUE SHARING FORMULA POLICY:
a. RESOLUTION to AUTHORIZE re City/School Revenue Sharing Formula Policy
b. ORDINANCE to AMEND FY 2013 Real Estate Tax Levy
3. ORDINANCE to AUTHORIZE the City Manager to TERMINATE the Purchase Agreement.
with Tailwind Development Group, L.L.C. and SOLICIT proposals re hotel development
at Princess Anne Road and South Independence Boulevard
4. ORDINANCE TO DECLARE the property at 405 Fountain Drive and two (2) adjoining lots in
EXCESS of the City's needs and AUTHORIZE the City Manager to SELL the properties to
Nicholson Properties, LLC (DISTRICT 6 — BEACH)
5. RESOLUTIONS to ESTABLISH:
a. The 2040 Vision to Action Community Coalition Commission
b. Emergency Medical Response, LLC and AUTHORIZE re annual EMS permit for
private services
6. ORDINANCES to APPROPRIATE and TRANSFER:
a. Burton Station Strategic Growth Area Funds
1. $
330,000
—Newtown SGA
2. $
335,000
— Pembroke SGA
3. $
335,000
— Rosemont SGA
4. $
366,628
— Miscellaneous Revenues
5. $1,133,372
— Various Closed Capital Projects
b. $287,000 DEA Shared Asset fund balance to purchase equipment and services for the
Police Department
C. $ 95,000 from the General Fund to Human Services re Community Trust Grant re a
Supportive Living residence at 3705 Gresham Court (DISTRICT 3 — ROSE HALL)
L. PLANNING
1. Application of RANDEE MARIE HOLMES/THOMAS and RANDEE HOLMES for
Modification of Condition No. I (approved by City Council on August 13, 2002) re child day
care at 1952 Blue Knob Road
DISTRICT 1 — CENTERVILLE
RECOMMENDATION
APPROVAL
2. Application of DIANE L. McEWEN for a Conditional Use Permit re child day care at 616
Connie Way
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
3. Application of AMANDA JEANS/THOMAS J. and AMANDA I. JEANS for a Conditional
Use Permit re residential kennel at 4677 Ardmore Lane
DISTRICT 1 - CENTERVILLE
STAFF RECOMMENDATION
PLANNING COMMISSION RECOMMENDATION
M. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
COMMUNITY SERVICES BOARD - CSB
GREEN RIBBON COMMITTEE
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
WORKFORCE HOUSING ADVISORY BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
APPROVAL
DENIAL
CITY COUNCIL WORKSHOP
CANCELLED
NOVEMBER 6, 2012
GENERAL AND LOCAL ELECTIONS
2012 CITY HOLIDAYS
Monday, November 12
Thursday, November 22
Friday, November 23
Monday, December 24
Tuesday, December 25
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (half-day)
Christmas Day
-1 -
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 23, 2012
Mayor William D. Sessoms, Jr. called to order CITY COUNCIL'S BRIEFING re the OLD DOMINION
UNIVERSITY CENTER FOR INNOVATIVE TRANSPORTATION SOLUTIONS, in the City Council
Conference Room, Tuesday, October 23, 2012, at 3:30 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 and James L.
Wood.
Council Members Absent:
Rosemary Wilson [out of City for husband's major surgery]
October 23, 2012
-z -
CITY COUNCIL'S BRIEFING
OLD DOMINION UNIVERSITY CENTER FOR INNOVATIVE
TRANSPORTATION SOL UTIONS
3:30 P.M.
ITEM #62292
Mayor Sessoms introduced and welcomed Director, Dr. Asad Khattack, Professor and Endowed Chair,
CEE. Dr. Khattack advised City Council of the opening of Old Dominion University's Center for
Innovative Transportation Solutions, a new Transportation Research Center in Virginia Beach. Dr.
Khattack introduced the members of the team: Associate Director, Dr. Mike Robinson, Lead
Transportation Researcher, VMASC and Associate Director, Dr. Mecit Cetin, Associate Professor of
Transportation, CEE, all three residing in Virginia Beach. Dr. Khattack and his team presented the
attached power point presentation which is hereby made a part of these proceedings.
Dr. Khattack discussed some of the issues on a regional level as well as sample research projects. At the
request of the Virginia General Assembly, the team has worked on congestion projects. Congestion has
two aspects — congestion during peak hours and incident induced congestion which contributes to about
`half of the traffic problem. Dr. Khattack worked with Virginia DMV regarding accidents and safety
analysis. The team has also worked on evacuation modeling projects and traffic simulation and
visualization projects.
Dr. Cetin discussed the initiatives, both ongoing and potential. Dr. Cetin advised the team has completed
a number of projects thus far. One of the major initiatives that began less than one year ago, the Team
was one of ten named a "National Center for Transportation — TRANLIVE University Transportation
Center". Virginia Beach is being used as an innovation test-bed. Dr. Cetin provided a brief background
on traffic modeling needed to fully understand the presentation. There are different types of simulation
levels:
Macroscopic — measuring traffic flow as a stream, discussing traffic flow and
speed
Mesoscopic — measuring vehicles grouped into packets
Microscopic — measuring individual vehicles, tracking the lane speed to get
better information. This is the most detailed level.
Dr. Robinson discussed the real work the Team is proposing for Virginia Beach. Staff provided eleven
(I1) suggested projects to the Team in August. Staff requested the Team develop two baseline models
(Macroscopic and Microscopic) for the current network, including the primary and secondary roads as
well as new roads expected to be completed within 48 months. The Baseline Models can support, to some
degree, projects I through 10.
Staffprovided the Team with the land use and transportation network data, volume demand of cars on the
road in particular times during a day and signal timing data. Staff has been very forthcoming and
helpful.
The Regional Model is created by VDOT and turned over to the HRPTO. HRPTO upgrades the Model
with the regional information which is then given to the individual cities to control their own roads.
Virginia Beach's Models are out of date; however, the Regional Model has been updated and the Team
will use that Model with any projects. In order to develop a Base Macro Model, the Team will define
boundaries, create three (3) Models (Time Of Day Models) and new roads to see where traffic would
shift. This Model will take approximately six (6) months to complete. Unfortunately, this Model will not
give a lot of detail.
October 23, 2012
-3 -
CITY COUNCIL'S BRIEFING
OLD DOMINION UNIVERSITY CENTER FOR INNOVATIVE
TRANSPORTATION SOL UTIONS
ITEM #62292 (Continued)
The Micro Model is critical for Virginia Beach for accurate representation of traffic flow at the local
level, accurate travel times and speeds, realistic representation of signalized intersections and queues,
dynamic flow considerations and the ability to clearly identify bottlenecks. This Model will take
approximately nine (9) months to complete.
One other project Virginia Beach may consider is the Southeastern Parkway Greenbelt (SEPG) Study.
SEPG has regional impacts and the study requires Micro Model for peak hour congestion and evacuation
scenarios. This study would take approximately ten (10) months.
The project schedule is provided in the Briefing. After City Council discussion, Mayor Sessoms, on
behalf of City Council, instructed the Team to move forward with the first two projects as discussed.
Mayor Sessoms thanked the Team for all of their work and looks forward to receiving the projects results.
October 23, 2012
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-4 -
CITY COUNCIL'S BRIEFING
CHMURA ECONOMICS and ANALYTICS REPORT —
STATEWIDE ECONOMIC IMPACT OF POTENTIAL NBA FRANCHISE
4:20 P.M.
ITEM #62293
Mayor Sessoms introduced and welcomed Xiaobing Shuai, Senior Economist, Chumara Economics and
Analytics, A.D. Dr. Shuai thanked City Council for the opportunity to share the findings of the study for
the VBDA. Dr. Shuai presented a power point presentation which is hereby made a part of these
proceedings.
Dr. Shuai provided a background of the potential relocation of NBA franchise to Virginia Beach. A new
Arena would be built in Virginia Beach; the City would own the Arena and lease it to the VBDA.
Comcast -Spectator would operate the Arena and sign a 25 year lease with potential NBA franchise. In
order to determine the economic impacts of the move, Dr. Shuai looked at four (4) sources:
• One-time impact from arena construction
• Ongoing operation of the NBA franchise
• Ongoing operation of Arena
• Visitor spending inside and outside the Arena
The project would have both direct and indirect economic impacts.
The construction of the Arena would create several hundred jobs within Virginia Beach. The NBA team
will have up to 220 full time employees with a $30 -Million payroll. The average NBA team revenue is
approximately $132 -Million a year.
Dr. Shuai advised certain visitor spending assumptions can be made and he looked at other Arenas in the
country for average numbers. Total visitor spending is expected to be $182 -Million per year with specific
breakdowns in the attached power point.
The Commonwealth of Virginia will also receive economic impacts of a potential NBA franchise with
specifics identified in the attached power point.
Mayor Sessoms thanked Dr. Shuai for the presentation and work on this project.
October 23, 2012
The Statewide
Economic Impact of
a Potential NBA
Franchise in Virginia
Beach
A "I
CHMURAECONOMICS& NALYTICS
October 23, 2012
Virginia Beach City Council
Background
• Potential relocation of NBA franchise to
Virginia Beach
• New arena has to be built in the city
— City owns the arena
— Leased to Virginia Beach Development Authority
— Comcast-Spectacor operates the facility
— 25 -year lease with potential NBA franchise
• What are the economic impacts of the move?
10/30/2012
Outline
• Background of the project
• Methodology
• Economic impact of NBA franchise
— Construction
—Temporary operations, season 2013 & 2014
— Operations, season 2015 onward
• State fiscal impact
• Other benefits
I C HMURAECONOMICS&ANALYrICS
METHODOLOGY &
ASSUMPTIONS
1 CHMURAECONOMICS&AId---
7
Sources of Economic Impacts
• Economic impacts come from four sources
— One-time impact from arena construction
— Ongoing operation of the NBA franchise
— Ongoing operation of arena
— Visitor spending inside and outside the arena
• In both cases, spending and job creation are
estimated, including
— Direct impact
— Indirect and induced impact (combined as ripple
impact)
CHMUMECONOMICS&ANAI.YrICS
Construction Assumptions
• Total cost estimate: $350 million
• Seating capacity 18,500
• Construction lasts from May 2013 to September
2015
• Chmura uses engineering report elsewhere to
allocate total cost into
• site development
• structure
• equipment and furnishing
• soft cost
ICHMunAECONOMICS&A---
10/30/2012
Economic Impacts Methodology
ICHMUMECONOMICS&ANALYUCS °>. mu•`°"°°"`s•^• •I
Team Operation Assumptions
• Total team revenue: $135 million per year
— 15 players, with $75 million player salary
—185-220 full-time employees, $30 million payroll
— Additional seasonal workers for game day
operation
— Marketing and sales, $10.0 million
—Transportation and other, $14.0 million
• Team revenue is close to $132 million NBA
average
ICHMUWCONOMICS&ANAIYncs °v,aro mu,•F'�°ma•A^•Irn
2
Arena Operation Assumptions
• Total arena operation revenue: $14.3 million
per year
— 44 NBA games
—150 other events
—1.4 million annual total spectators
— 55 permanent employees and 322 part-time
workers
• Arena operation revenue is close to $15-$20
million seen elsewhere
CHMURAECONOMICAANAI.YnCS
10/30/2012
Visitor Spending Assumptions
• Total 1.4 million spectators per year
• Average spending within the arena is $79.7
per person, including tickets, food & drink,
and merchandise
• Average spending outside arena is $43.1 per
person for day trippers, and $84.7 for
overnight visitors
• Total visitor spending expected to be $182.0
million per year, under full operation
Cj*,WWCONOMICS&ANALYnCs _. �'zcnmu„f�^o�"•M
ECONOMIC IMPACTS OF A
POTENTIAL NBA FRANCHISE
CHMUWCONOW CAANAI.YRCs
3
One -Time Economic Impact of Arena
Construction
Ongoing Economic Impact of NBA
Franchise (2013, 2014 Season)
10/30/2012
One -Time Economic Impact of
Construction of the Arena
• During the construction phase, the total cost of the project is
$350.0 million
• The cumulative direct impact of capital investment is $317.4
million in spending that can support 2,229 cumulative jobs in
Virginia from 2013 to 2015
• The cumulative ripple effect (indirect plus induced) of capital
investment can generate $241.9 million in spending and 1,715
cumulative jobs in Virginia
• Annual average impacts are $186.4 million and 1,315 jobs in
the state
C HMuWcoNomics&ANALYncs
Ongoing Economic Impact of NBA
Franchise (2013, 2014 Season)
• The NBA franchise directly supports
— $179.9 million economic output
• $135 million from team operation
• $2.9 million from incremental arena operation
• $42.1 million from visitor spending
— 877 jobs in Virginia
• The ripple effect (indirect plus induced) can support
— $153.4 million economic output
— 1,072 additional jobs in the city
• The total economic impact can support
— $333.3 million economic output
— 1,950 jobs in Virginia
CHMuRAEcoNomics& NAIYncs .s
4
CHMURAECONOMICS&ANALYTICS
10/30/2012
Ongoing Economic Impact of NBA
Franchise (2015 Season Onward)
• The NBA franchise directly supports
— $271.8 million economic output
• $135 million from team operation
• $14.3 million from incremental arena operation
• $122.5 million from visitor spending
— 2,072 jobs in Virginia
• The ripple effect (indirect plus induced) can support
— $230.8 million economic output
— 1,640 additional jobs in the city
• The total economic impact can support
— $502.6 million economic output
— 3,712 jobs In Virginia
CHMURAEcoNo wcs&ANA1mcs
STATE FISCAL IMPACTS
CHMUWC0N0MICs&Mt-iYncs ao, *41 mJ,•tL�eM „�„'
5
Sources of State Impact
• Construction period
— State income tax from construction jobs and profits
• Team/Arena operation
— Individual income tax from salaries
— Corporate income tax from profits
— Sales tax from licensed merchandise sales
• Visitor spending
— Individual income tax from salaries
— Corporate income tax from profits
— Sales tax from licensed merchandise sales
O&WA [CONOMICS&ANAIYnCS
Fiscal Impact from the NBA
Franchise (2013, 2014 Season)
C]HMUWCONOm1Cs&ANAlmcs
10/30/2012
Fiscal Impact from the Arena
Construction
• $1.6 million annual individual income tax from 2013 to 2015
• $0.6 million annual corporate income tax from 2013 to 2015
xa •
CHWA ALCONOMICS&ANAMICS
Fiscal Impact from the NBA Franchise'
(2013, 2014 Season)
• From team operation
— $2.40 million annual sales tax from merchandise sales
— $3.47 million annual individual income tax
— $0.36 million annual corporate income tax
• From incremental arena operations
— $0.03 million for all state taxes
• From visitor spending
— $3.40 million annual sales tax
— $4.11 million annual individual income tax
— $0.59 million annual corporate income tax
• Total tax revenues of $8.10 million per year
L
Fiscal Impact from the NBA
Franchise (2015 Season Onward)
IC'dIMURAECONOMICS&ANAMICS
CHMURAECONOMICS&ANALYTICS
10/30/2012
Fiscal Impact from the NBA Franchise
(2015 Season Onward)
• From team operation
— $2.40 million annual sales tax from merchandise sales
— $3,47 million annual individual income tax
— $0.36 million annual corporate income tax
• From incremental arena operation
— $0,15 million for all state taxes
• From visitor spending
— $4.35 million annual sales tax
— $5.18 million annual individual income tax
— $1.34 million annual corporate income tax
• Total tax revenues of $10.87 million per year
C HMURAECONOMICS&ANALYrICS �«
Other Benefits
• Team and players' charity contributions
• Increased media exposure for Virginia
• Quality of life, enhancing workforce
development and talent recruiting
• Economic development benefit
• Increased prestige and civic price
C HMUMECONOMICS&ANALYnCS
7
10/30/2012
QUESTIONS AND
DISCUSSIONS
-5 -
CITY COUNCIL'S BRIEFING
MINORITY BUSINESS COUNCIL
ANNUAL REPORT
5:05 P.M.
ITEM #62294
Mayor Sessoms introduced and welcomed Wanda Cooper, Chair — Minority Business Council (MBC).
Ms. Cooper thanked City Council for the opportunity to present the MBC's Annual Report.
Ms. Cooper advised the MBC's purpose is stated below.
PURPOSE
"...serves as an advisory agency to
the City Manager and the City
Council with respect to the City's
procurement policies and
procedures."
October 23, 2012
n
CITY COUNCIL'S BRIEFING
MINORITY BUSINESS COUNCIL
ANNUAL REPORT
ITEM #62294(Continued)
The MBC's Mission is stated below:
MISSION
"To advance and facilitate an
environment of business opportunities,
focusing on increasing expenditures to
minority and woman -owned businesses
by the City of Virginia Beach as a means
to further the City's economic
development and vitality."
Ms. Cooper stated the MBC's Vision changed this past year to include the last two words "and beyond"
VISION
"To be the leading
influence in connecting
contractor resources with
City opportunities and
beyond."
October 23, 2012
-7 -
CITY CO UNCIL'S BRIEFING
MINORITY BUSINESS COUNCIL
ANNUAL REPORT
ITEM #62294(Continued)
Last year, MBC brought forth two (2) pieces of legislation. One addressing Bonding and the other was
the Small Business Enhancement Program. The Bond Waiver Program Ordinance, adopted by City
Council on June 28, 2011, was developed to assist small, woman, minority, and service disabled Veteran -
owned businesses in securing contracting opportunities without the additional burden of bid,
performance, and payment bond costs. This program is for non -transportation related construction
projects valued between $100 -THOUSAND and $500 -THOUSAND. Five (5) projects have been awarded
in which one was to a small woman owned business — Homeland Contracting Corporation, the amount of
$411,500.
Bond Waiver Program
• Bonding relief for non -transportation related
construction projects <$500,000
' A
Moisture Treatment Shark Tank at the Virginia Homeland Contracting $411,500
Aquarium&Marine Science Center Corporation
Concrete Removal, Installation and Repairs- Heard Construction Inc. $500,000
Annual Services Contract
Rudee Loop Walkway Phase i Quality Enterprises $227,646
Elevator Repairs at Building #18 Mosley General $132,750
Contractors, LLC
Radio Site Prep at the Westin — Virginia Beach E & P Electrical $143,500
Town Center Contracting Company
Bond Waiver Program - continued
Fire Administration Building #21 -Brick & PorchRepairs
Virginia Aquarium Upland River Room Renovations
October 23, 2012
ll;
CITY COUNCIL'S BRIEFING
MINORITY BUSINESS COUNCIL
ANNUAL REPORT
ITEM #62294(Continued)
The second piece of legislation, enacted by City Council, is the Small Business Enhancement Program—
implemented August 6, 2012. This program will increase participation among small, woman and
Minority-owned businesses through subcontracting opportunities. How you might ask— 50% of
subcontracted work must be performed by DMBE-certified firm(s). Prime contractor MUST submit a
Subcontracting Participation Plan. If Prime Contractor cannot find DMBE-certified firms, then Good
Faith Documentation must be included with bid submittal. Prospective bidders will be given an Outreach
List to assist them in obtaining subcontractors that are DMBE-certified. Participation Plan and Good
Faith Efforts will be reviewed by the Minority Business Coordinators. We currently do not have any data
on the SBEP, but it is our hope that the SBEP will aid in the continued effort to increase the participation
of small, woman, minority and service -disabled owned businesses and aid in their ability to obtain
additional City contracts.
a 5, ,
Small Business Enhancement Program
(SBEP)
• Implemented - August 6, 2012
• Subcontracted Work
• 50% MUST be performed by DMBE-Certified
Firm(s)
• Subcontracting Data Plan Submitted with Bid
• Good Faith Efforts MUST be documented and
submitted with bid
• Prospective Bidders
• Provided with outreach listing
Department of Minority Business Enterprise
(DMBE)
• Opportunity Pilot Program aka `The Pilot'
• August 2012 - December 2012
• 100 Small Firms Chosen to Participate
• DMBE Monitors Solicitation Outcome
• Goal
• Determine Major Factors Affecting the Competitiveness of
Small Businesses
• Removal of Barriers
• Enhance Competitive Opportunities
• DMBE Comprehensive Report
October 23, 2012
In
CITY COUNCIL'S BRIEFING
MINORITY BUSINESS COUNCIL
ANNUAL REPORT
ITEM #62294(Continued)
Ms. Cooper advised expenditures for minority firms have decreased over the past couple of
years. Last year a few Annual Services Contracts, held by minority firms came to an end. This
fiscal year, we anticipate an increase in the number of expenditures to Minority-owned firms due
to the implementation of the Bond Waiver Program and the SBEP. The graph below shows the
total City expenditures for FY12 as $242.3 -MILLION and of that amount $12.5 -MILLION went
to Minority-owned firms, which accounted for 126 Minority-owned firms.
EXPENDITURE DATA � b
EXPENDITURE DATA
October 23, 2012
-10 -
CITY CO UNCIL'S BRIEFING
MINORITY BUSINESS COUNCIL
ANNUAL REPORT
ITEM #62294(Continued)
EXPENDITURE DATA
MBC held Connect and Grow Your Business — Part II, in April. This event was a continuation of
last year's Fall Conference and Expo. The Spring event featured a presentation from the
procurement staff on how to do business with Virginia Beach. There was also a roundtable
discussion, which featured a small woman -owned business who shared their business success
with approximately 95 other small business owners. The event received very positive feedback
and, through surveying the attendees, they want to see more of these type of events. In June
2012, we held our Annual Retreat and discussed the accomplishments of the year — which were
more focused on policy, the Small Business Enhancement Program, 2011 Conference and Expo
and our continued relationship with City Council. This fiscal year, we want to expand on the
outreach efforts to small, woman and Minority—owned businesses, including service disabled
Veterans through the Annual Conference and Expo and another Spring event.
RECENT EVENTS
• April 2012 — Connect and Grow Your Business — Part II
• Continuation of the 16l" Annual Conference & EXPO (Nov.
2011)
• Hors To Do Business With The City of Virginia Beach
• PnrchasingStaff
• Roundtable — Ilomeland Contracting
• Women-otivne(lBtisiness Success Stora'
•Approximately 9,> attendees
• Positive Feedback
• June 2012 — MBC Retreat
• Outreach Efforts
• E_NP0, Workshops and Match Making Events
• Review the Progress of Netiy Progr arns
Bond Wavier -
Small Busincss F.nhanc:ement Programs
October 23, 2012
-11 -
CITY COUNCIL'S BRIEFING
MINORITY BUSINESS COUNCIL
ANNUAL REPORT
ITEM #62294(Continued)
MBC is hosting their 14th Annual Conference and EXPO on November 8th, at the Convention Center. The
theme this year is "Going for the Gold — Your Competitive Advantage". The keynote speaker will be
Mark Cartwright who is the Director of Supplier Diversity and Procurement Compliance in the office of
Governor McDonnell.
"Goingforthe Gold—Your Competitive Advantage"
V,gm�eeaen coaKmm�ceme �� � r� -.;.
Baoo is �so-eet �„
V�fgina Bea N, VA Keynote Speak M kCariwrph D clot of S'"'i"O7"
Office of the Governor - Comoro Ith&V'Bginia
Ms. Cooper expressed the MBC's appreciation to Councilmen Davis and Dyer for their support as City
Council Liaisons, as well as the entire City Council for their continued support.
MINORITY BUSINESS COUNCIL
Members
City Council Liaisons Wanda Cooper - Chair
Councilman Glenn Davis Carla Bailey -Vice Chair
Councilman Bob Dyer Amma Guerrier - Financial Counselor
Linda Bright - Secretarial Officer
School Board Liaison
i Sheila Johnson Justo Manglicmot
Dr. Esther Monclova-Johnson Delceno Miles Ferdinand Perez
Edwin Tirona Byron Williams, Sr.
John Williams
Mayor Sessoms thanked Ms. Cooper and the entire Commission for their work.
October 23, 2012
-12 -
CITY COUNCIL COMMENTS
5:13 P.M.
ITEM #62295
Councilman DeSteph stated the Beach Health Clinic, located off of Holland Road, is expanding and
offering dental services. The clinic is looking for volunteers and would like to publicize this throughout
the City.
ITEM #62296
Councilman Moss stated since we now have the State of the Region Report, he would like to request Dr.
Koch, along with the gentleman that provided the Military Briefing recently, to City Council to come back
before City Council prior to receiving the 5 -Year Forecast.
ITEM #62297
Mayor Sessoms reminded everyone that City Council WILL NOT meet on November e.
Mayor Sessoms also advised that Jerry Banagan, City Assessor has worked with the City Auditor on the
Tax Relief data he sent the Senior Citizens. The City Auditor asked the Senior Citizens to respond to Real
Estate Assessor and he should take care of this issue before any recommendations are made.
ITEM #62298
Jim spore advised Jason Cosby, Director of Public Works, fulfilled his Reserve Military duties and was to
return to work on November 1, 2012. However, Mr. Cosby has been redeployed to Afghanistan for 400
days and is scheduled to return to work on November 30, 2013.
October 23, 2012
-13 -
AGENDA REVIEW SESSION
5:16P.M.
ITEM #62299
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
K ORDINANCES/RESOLUTION
1. Ordinances to AMEND the City Code:
a. §§16-44 and 16-54 re the definition of net appreciation and re -sale of
Workforce Housing units
b. §4-1 re permissible dates for issuance of special event permits for horseback
riding
C. REPEAL §§7-21, 7-22, 7-24, 7-25, 7-29, 7-30 and 7-31 re registration of
wheeled devices and AMEND §7-59.5 re use of various devices at the Resort
Area, Boardwalk and Town Center
2. CITY/SCHOOL REVENUE SHARING FORMULA POLICY.-
a.
OLICY.
a. RESOLUTION to AUTHORIZE re City/School Revenue Sharing Formula
Policy
b. ORDINANCE to AMEND FY 2013 Real Estate Tax Levy
3. ORDINANCE to AUTHORIZE the City Manager to TERMINATE the Purchase
Agreement with Tailwind Development Group, L.L.C. and SOLICIT proposals re hotel
development at Princess Anne Road and South Independence Boulevard
4. ORDINANCE TO DECLARE the property at 405 Fountain Drive and two (2) adjoining
lots in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL the
properties to Nicholson Properties, LLC (DISTRICT 6—BEACH)
5. RESOLUTIONS to ESTABLISH.
a. The 2040 Vision to Action Community Coalition Commission
b. Emergency Medical Response, LLC and AUTHORIZE re annual EMS permit
for private services
6. ORDINANCES to APPROPRIATE and TRANSFER:
a. Burton Station Strategic Growth Area Funds
1. $ 330, 000 —Newtown SGA
2. $ 335, 000 — Pembroke SGA
3. $ 335, 000 — Rosemont SGA
4. $ 366,628 —Miscellaneous Revenues
5. $1,133,372 — Various Closed Capital Projects
October 23, 2012
-14-
b. $287, 000 DEA Shared Asset fiord balance to purchase equipment and services
for the Police Department
C. $ 95, 000 from the General Fund to Human Services re Community Trust Grant re a
Supportive Living residence at 3 705 Gresham Court (DISTRICT 3 — ROSE HALL)
Councilmen DeSteph and Moss will vote a verbal NAY on Item W a
Item #2alb shall be considered separately
October 23, 2012
-15 -
AGENDA REVIEW SESSION
ITEM #62300
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
1. Application of RANDEE MARIE HOLMES/THOMAS and RANDEE HOLMES for
Modi acation of Condition No. I (approved by City Council on August 13, 2002) re child
day care at 1952 Blue Knob Road DISTRICT I — CENTERVILLE
2. Application of DIANE L. McEWEN for a Conditional Use Permit re child day care at
616 Connie Way DISTRICT 2 — KEMPSVILLE
3. Application of AMANDA JEANS/THOMAS J. and AMANDA L JEANS for a
Conditional Use Permit re residential kennel at 4677 Ardmore Lane DISTRICT 1 -
CENTER VILLE
Item #3 shall be considered separately
October 23, 2012
-16-
ITEM#62301
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A) (1)
Council Appointments: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
Upon motion by Councilman Uhrin seconded by Councilman Wood, City Council voted to proceed into
CLOSED SESSION at 5:28 P.M.
Voting: 10-0
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 and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
(Closed Session 5:28 P.M. - 5:50 P.M.)
October 23, 2012
-17 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 23, 2012
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, October 23, 2012, at 6:00 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 and James L. Wood
Council Members Absent:
Rosemary Wilson
INVOCATION: Rabbi David Barnett
Temple Emmanuel Synagogue
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to
thoroughly review each City Council agenda to 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.
October 23, 2012
-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.
October 23, 2012
Item -V-E
CERTIFICATION
-19 -
ITEM #62302
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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.
I P
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:
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 and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
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 #62301 Page 16, 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.
Ruth Hodges Fraser, MMC
City Clerk October 23, 2012
Item -V-F.1
MINUTES
-z0 -
ITEM #62303
Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of October 9, 2012.
Voting: 10-0
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 and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
Item -V-KI
MAYOR'S PRESENTATION
-21 -
ITEM #62304
VETERANS DAYNATIONAL COMMITTEE
VIRGINAI BEACH — REGIONAL SITE FOR VETERANS DAY 2012
Priscilla Beede, Parade Consultant
Mayor Sessoms introduced and welcomed Priscilla Beede, Veterans Day Coordinator.
Mrs. Beede thanked the Mayor and Members of City Council. Mrs. Beede has been coordinating this
parade for many years and very much enjoys it. Mrs. Beede encouraged citizens of Virginia Beach to get
involved in the community, stating families and the community will forever be richer. Mrs. Beede thanked
her husband, Gus, for all of his support throughout the years.
October 23, 2012
a�V�ent'IQ e�q
of Veter
ans
The Veterans Day 5VationafCommittee
hereby designates
The City of Virginia Beach, Virginia
as a RegionaCSite for the observance of
VA FORM 4780x, MAR 1998 (R)
Veterans Day 2012
Eric K. Shinseft
Secretary of Veterans Affairs
Chairman, Veterans Day National Committee
V-I.l
PUBLIC COMMENTS
-22-
ITEM #62305
Mayor Sessoms DECLARED PUBLIC COMMENT Open:
2013 Legislative Package to the General Assembly
The following individuals registered to speak:
Bill Stephany, 404 Pallats Road, Phone: 486-4828, stated he is speaking on behalf of the Virginia Beach
Taxpayers Alliance. The VBTA is in support of Councilmen DeSteph and Moss's proposals.
Barbara Messner, Phone: 422-1902, spoke in SUPPORT of Councilman Moss' proposal to amend the
City Charter.
There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENTT,
October 23, 2012
V -J.1
PUBLIC HEARINGS
-23-
ITEM #62306
Mayor Sessoms DECLARED a PUBLIC HEARING:
1. SALE OF EXCESS CITY -OWNED PROPERTY
405 Fountain Drive
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
October 23, 2012
V -J.2
PUBLIC HEARINGS
-24-
ITEM #62307
Mayor Sessoms DECLARED a PUBLIC HEARING:
2. EMERGENCY MEDICAL RESPONSE AMBULANCE SERVICE
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
October 23, 2012
-25-
ADOPTAGENDA
FOR FORMAL SESSION ITEM #62308
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 23, 2012
-26 -
Item -V-K
ORDINANCES/RESOLUTIONS ITEM #62309
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE
MOTION, Items la(DeSTEPH and MOSS VERBAL NAY)/b/c, 3, 4, Sa/b and 6a(I-5)/b/c.
Voting: 10-0 (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 and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
-27-
Item-V-Kla/b/c
ORDINANCESMESOLUTIONS ITEM #62310
1. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AMEND the City Code:
a. §§16-44 and 16-54 re the definition of net appreciation and re -sale of
Workforce Housing units
b. §4-1 re permissible dates for issuance of special event permits for horseback
riding
C. REPEAL §§7-21, 7-22, 7-24, 7-25, 7-29, 7-30 and 7-31 re registration of
wheeled devices and AMEND §7-59.5 re use of various devices at the Resort
Area, Boardwalk and Town Center
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Harry E.
Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
2 16-44,16-45 AND 16-49 OF THE CITY CODE, PERTAINING
3 TO NET APPRECIATION AND RESALE OF WORKFORCE
4 HOUSING UNITS
5 Sections Amended: City Code Sections 16-44, 16-45 and 16-49
R
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9 That Sections 16-44, 16-45 and 16-49 of the City Code are hereby amended and
10 reordained to read as follows:
11
12
13
ARTICLE VIII. WORKFORCE HOUSING
14 DIVISION 1. - GENERAL PROVISIONS
15
16 Sec. 16-42. - Applicability.
17 The provisions of this article shall apply only to the sale or rental of workforce housing
18 approved by the city council pursuant to the provisions of article 21 of the city zoning ordinance.
19
COMMENT
20 This section is shown for reference purposes only.
21 ....
22
23 Sec. 16-44. - Definitions; explanatory material.
24 As used in this article, the following terms shall have the meanings set forth in this section.
25 Where explanatory material is provided, such terms shall be construed in a manner consistent
26 with such material:
27 ....
28 Net appreciation. The amount of the resale price of a workforce housing unit, less the total
29 amount of: (i) the original principal amount of the first mortgage loan on the unit, (ii) the principal
30 amount of the workforce housing deed of trust note and of any VHDA-held second deed of trust
31 note if VHDA also holds the first deed of trust on the unit, (iii) closing costs actually paid by the
32 eligible buyer in connection with the purchase of the unit, (iv) the eligible buyer's down payment,
33 (v) the appraised value of any capital improvements approved by the director of housing and
34 neighborhood preservation or, where the first deed of trust is insured by the FHA, the cost of
35 such capital improvements, and (vi) the reasonable and customary sales commission paid by
36 the eligible buyer.
37 Shared net appreciation. The amount of the net appreciation owed to the city by the
38 purchaser of a workforce housing unit, which shall be equal to the proportional share
39 represented by the city's investment in the original purchase of the unit as evidenced by the
40 equity sharing agreement. For example, if the amount of the workforce housing deed of trust
41 note equals twenty-five (25) percent of the initial sales price of the unit, the amount of shared net
42 appreciation owed to the city will be twenty-five (25) percent of the net appreciation of the unit.
43 Subject to the provisions set forth in subsections (e) and (f) of Section 16-49 regarding first
44 deeds of trust insured by the Federal Housing administration (FHA), the The amount of the
45 shared net appreciation and principal amount of the workforce housing deed of trust note is
46 repaid to the city upon resale of the unit.
47
COMMENT
48 The amendments to this section reflect the requirement for FHA -insured first mortgages that when the
49 owner sells a Workforce Housing Unit, he or she must be permitted to recover at least the original purchase
50 price, sales commission, cost of capital improvements, and any accrued negative amortization if the property
51 was financed with a graduated payment mortgage.
52 ....
53 DIVISION 2. - SALE AND OWNERSHIP OF WORKFORCE HOUSING
54
55 Sec. 16-45. - Initial sales of workforce housing units.
56 (a) The city shall have the right to purchase workforce housing units offered for initial sale
57 as follows:
58
(1) The city shall have an exclusive right to purchase any workforce housing unit,
59
not to exceed a total of one-third (1/3) of the workforce housing units for sale
60
within a development, by so notifying the developer of the unit within thirty (30)
61
days from the date on which the city is notified that the workforce housing unit is
62
available for initial sale. If the city does not timely exercise its right to purchase
63
the unit, it may be sold to an eligible buyer.
64 (2) Any workforce housing unit the city has not elected to purchase shall be offered
65 for sale exclusively to eligible buyers for a period of sixty (60) days from the date
66 on which the city's right to purchase the unit expires. Upon the expiration of such
2
67 time, any such unit not sold to the city or to an eligible buyer may be offered for
68 sale without restriction, provided, that when such a unit is sold, the developer
69 shall pay to the city the difference between the actual sales price and the price
70 as reduced by the amount of the workforce housing discount, less any additional
71 sales commission actually paid by the developer up to a maximum of two (2)
72 percent of the sales price and any closing cost assistance actually paid on
73 behalf of the buyer up to a maximum of three (3) percent of the purchase price.
74 (b) The procedure for initial sales of workforce housing units to be purchased by an eligible
75 buyer shall be as follows:
76 (1) A developer who has reached an agreement with an eligible buyer to sell a
77 specific workforce housing unit to such eligible buyer as an initial sale shall
78 notify the city that the developer and eligible buyer have reached an agreement
79 regarding the purchase of the unit. The city shall, either before or after it
80 receives such notification, verify the eligible buyer's continued eligibility under
81 section 16-46
82 (2) In the event the eligible buyer continues to meet such requirements, the
83 developer and city shall enter into an agreement pursuant to which the
84 developer agrees to sell the unit to the eligible buyer at a price incorporating the
85 workforce housing discount (the "discounted sales price"). The developer shall
86 not be entitled to receive any portion of the monies representing the workforce
87 housing discount.
88 (3) The city and eligible buyer shall also enter into an agreement pursuant to which
89 the city will finance, by means of a workforce housing deed of trust, the
90 difference in value between the fair market value of the workforce housing unit
91 and the discounted sales price. Such agreement shall further provide, among
92 other things, that that the city shall have the right to repurchase the unit upon
93 resale, or to assign such right to an eligible buyer, in accordance with the
94 provisions of section 16-49
95 (4) The workforce housing deed of trust shall: (i) subject to the provisions set forth
96 in subsections (e) and (f) of Section 16-49 regarding first deeds of trust insured
97 by the Federal Housing administration (FHA), secure repayment to the city of
98 the workforce housing discount, plus the shared net appreciation; (ii) carry a
99 zero percent interest rate; (iii) be subordinate only to the lender's first deed of
100 trust or, in the event the property is financed by means of first and second deeds
101 of trust held by the Virginia Housing Development Authority (VHDA), to such
102 deeds of trust; and iv) provide that the eligible buyer shall make no payments of
103 principal on the indebtedness secured by the workforce housing deed of trust
3
104 until the eligible buyer sells or otherwise divests his or her interest in the
105 workforce housing unit.
106
COMMENT
107 The amendments to this section reflect the requirement for FHA -insured first mortgages that when the
108 owner sells a Workforce Housing Unit, he or she must be permitted to recover at least the original purchase
109 price, sales commission, cost of capital improvements, and any accrued negative amortization if the property
110 was financed with a graduated payment mortgage.
112 Sec. 16-49. - Resale of workforce housing units.
113 (a) Prior to offering a workforce housing unit for resale, the owner shall notify the city of the
114 owner's intent to sell the unit. The city shall notify the unit owner of its intention to purchase the
115 unit within thirty (30) days from the date on which the owner's notice of intent to sell was received
116 by the city. In the event the city determines to purchase the unit upon resale, it shall have the
117 right to assign the contract to an eligible buyer.
118 (b) The city shall tender to the unit owner an offer to purchase such unit at its fair market
119 value. The fair market value shall be determined by appraisal. Such appraisals shall be
120 performed by licensed Virginia real estate appraisers selected by the city as follows:
121 The city and workforce housing unit owner shall attempt to agree upon an appraiser, who
122 shall determine the fair market value of the workforce housing unit as of the date of the
123 actual or anticipated sale. If the parties are unable to agree upon an appraiser within ten
124 (10) days, the parties shall each have an appraisal made by an appraiser of its choice to
125 establish the fair market value. If the two competing appraisals are within ten (10) percent of
126 each other, the midpoint between the two shall be considered the fair market value. If the
127 two appraisals are not within ten (10) percent of each other, the parties shall agree on a
128 third appraiser, and such appraiser's valuation shall be controlling as to fair market value. If
129 the parties cannot agree on a third appraiser, the city shall have the right to appoint a
130 qualified appraiser and such appraisal shall be controlling as to fair market value. The
131 parties shall share equally in the cost of joint appraisals and shall be solely responsible for
132 the cost of any other appraisals.
133 (c) In the event the city decides not to purchase or assign its right to purchase the unit, it
134 shall so notify the owner in writing, who shall thereafter have the right to sell the unit to any other
135 person or entity. In such event, the provisions of this section shall not thereafter apply to any
136 subsequent resale of the unit.
137 (d) In the event the city purchases or assigns its right to purchase a workforce housing unit
138 from the owner of such unit, it shall make such unit available for sale to another eligible buyer for
rd
139 a period of at least ninety (90) days. The city shall notify the eligible buyers on its prescreened list
140 of the availability of the unit.
141 (e) In the event an eligible buyer enters into a contract to purchase the unit within the
142 ninety -day period, the city shall determine whether such eligible buyer continues to so qualify. If
143 such eligible buyer continues to meet the eligibility requirements of section 16-46, the owner of
144 the unit shall enter into a contract with the city and, if applicable, the city's assignee, to purchase
145 the unit at the fair market value thereof, as determined pursuant to subsection (b). The contract
146 shall further provide that: (i) the amount of the workforce housing discount, plus the shared net
147 appreciation of the unit, shall be repaid to the city upon resale of the unit, provided that where the
148 first deed of trust on the property is insured by the FHA, the owner shall be permitted to recover,
149 at a minimum, original purchase price, sales commission, cost of capital improvements, and any
150 accrued negative amortization if the property was financed with a graduated payment mortgage,
151 and (ii) that the city shall have the right to repurchase the unit, or to assign such right to an
152 eligible buyer, in accordance with the provisions of this section.
153 (f) At settlement, the principal amount of the outstanding workforce housing deed of trust
154 note, plus the shared net appreciation of the unit, as defined in section 16-44, shall be repaid to
155 the city from the proceeds of the resale of the unit, provided that where the first deed of trust on
156 the property is insured by the FHA, the owner shall be permitted to recover, at a minimum,
157 original purchase price, sales commission, cost of capital improvements, and any accrued
158 negative amortization if the property was financed with a graduated payment mortgage. All
159 such monies shall be deposited into the workforce housing revolving fund.
160 (g) Subject to the availability of funding, the The city shall finance a portion of the purchase
161 price equal to the amount of the new workforce housing discount by means of a note secured by
162 a workforce housing deed of trust.
163
COMMENT
164 The amendments to subsections (e) and (f) reflect the requirement for FHA -insured first mortgages
165 that when the owner sells a Workforce Housing Unit, he or she must be permitted to recover at least the
166 original purchase price, sales commission, cost of capital improvements, and any accrued negative
167 amortization if the property was financed with a graduated payment mortgage. The amendment to
168 subsection (g) allows for the possibility that, as a result of the foregoing rule, the monies realized by the City
169 from the sale of the property may be insufficient to finance the entire portion of the purchase price upon
170 resale that is equivalent to the new workforce housing discount.
171
172 Adopted by the City Council of the City of Virginia Beach, Virginia on the 23rdday of
173 October .2012.
174
5
175 Approved as to Content:
176
177 J1M1/I//1
178 D-.,
181 CA -12369
182 R-3
183 August 20, 2012
and Neighborhood
Approved as to Legal Sufficiency:
— - 1�. PA Z-
City Attorney's Office
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1 AN ORDINANCE TO REPEAL SECTIONS 7-
2 21, 7-22, 7-24, 7-25, 7-29, 7-30, AND 7-31 OF
3 THE CITY CODE PERTAINING TO
4 REGISTRATION OF BICYCLES AND OTHER
5 WHEELED DEVICES AND TO AMEND
6 SECTION 7-59.5 OF THE CITY CODE
7 PERTAINING TO THE USE OF VARIOUS
8 DEVICES AT THE RESORT AREA,
9 BOARDWALK, AND TOWN CENTER
10
11 SECTIONS REPEALED: §§ 7-21, 7-22, 7-24,
12 7-25, 7-29, 7-30, AND 7-31
13
14 SECTION AMENDED: § 7-59.5
15
16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA:
18
19 1. That Sections 7-21, 7-22, 7-24, 7-25, 7-29, 7-30, and 7-31 of the Code of the City
20 of Virginia Beach, Virginia, are hereby repealed as follows:
21
22 Ser.. F 21. - AuthGFity fO register.
23 ,
24 ,
25 moped in the City as nrGymded in this A.+Inle
26
27 SeG.7 22. iGatiGR.
28 ,
29 peweF assi6ted biGyGles, meter driven GyGles, FneteFized skatebeaFds, meteriz
30
31 the Gity, GR f9FM6 provided for that purpose-.
32 , e!eGtFmG personal assistive
33 nw assisted hi voles mater dFiy isles meterized
i�18jf—�e'�iGes, eieC�r�fr�wvE���,ac�c�--vTGpccv,�rrvzvr-aT,v2R--Gjrc,c�,�rrvcvrrcccr
34 skateboaFds,
35 available to all nersens buying si Gh wheeled devnnes oryehinles
36
37 SeG 7 24.--Fee.
38 The fee for FegistFatmOR ef a biGyGle, eleGtFmG per6onal a6sistive mobility deViGe,
eleGtric-
39 ,
40 moped under thioArF�shall be GRe dollar ($1.00), whinh fee shell he paid to the (mit..
41 Treasurer at the time of su Gh renistFation
42
43
44
45 AFtiGIe, the TreasuFeF ef the City shall issue tG 6uGh appleGant a bmGyGle,
46
,
47
, to
be affixed tG
48 SUGh
wheeled--devi�Fue;tGle,
aea�g+-�Te,,.St�ORn
mbeF
assigned
to the
49 `"'heeled
deyioe
or vehinle
^nri
the name
of the
City.
50 (h,
) Disabled
appliGants
wiring
to use
an
elen+r�npercon
assistive
Mobility
de.ane
51 power
assisted
bie„
le or
an elestFic
or
gaowfed—
seated
seQte
r (evnl„rling
52 mopeds
mini
ehonners
Mn±nr
dFiyen GyGles
and nenLe+
hires
or__simil^r
devises)
in lie„
53
,
54 OR
the appliGation
form
and
a speGial plate,
55 be
issued
„nen
Proper
appliGatinn
and
no„mien+
of +he
nrevnrihed
fee
56
, tag
OF deGal
or pay aRy
57 regiStr"+i�fee-
6i
–^arty—self
pFopelled--wheelGhaiuiF
OF
seif-nrenelled
wheelnheir
58 Gonveya..Ge
pFevided
it is:
59
.111,
Operated
by
a peFsoR
who 06
Gapable
of epwating
it properly
and
safely-but
60
who,
by
FeasGR
of physiGal
disability,
is Gthepwise
WRable
to
move
about as a
61
p`d�
ri^�,u,
Rd
62
Not
operated
oR
aRy highway
or
stFee+�rte6'ity
eXGen+
to
the ev+en+
63
aesesssaFy
W Gress
the street
or highway.
64
65 Se^.
7_29.
ReplaGemenf
of
mutilated
lost
or StGlon
denal.
66 When
any
deGal
issued
URdeF
thi6 AFtiGle
is
badly mutilated,
196t,
67 and
GannGt
be
found,
68
, together
with
paymeRt
of a fee
of twenty-
69 five
Gentsr-($0.2,5)-the
T-FeasuFeF
shall
- issue
aye##
h^I,�,,l
Ghange-he
70 FegistFatiOR
of
the biGyGle,
eleGtFiG
perseRal
assistive
mobility
deviGe,
eleGtFiG
power
71 assisted
biGyGle,
motor
driveR
GyGle, metwized
skateboard,
PAE)tE)r*zed
6GGGteF
OF Moped
72
question
aGGGFdiR-0'.
73
74 SeG.
7-3.
- RereFds
te-be-kepi
75
76
,
motor dFiVeFl
77 GyGles,
motorized
skateboaFds,
78 thms
AFtiGle,
ShOWiRg
the name,
79
,
80 him
under
this
Ftiole
81
82 Ser..
7_31.
_ DiSPGSitlGRo�ees+,
83 FeeS
GE)ilerted
undeF
this AFtmG!e
shall
be used
fE)F the
PUFpase
of
defraying
the GGSts
84
,
85 FnGbility
deviGe6,
eleGtFiG
power
assisted
biryGles,
MOtOFdFmveR
GyGles,
metwized
86 skateboards,
87 ChapteF.
88
89 2. That Section 7-59-.5 of the Code of the City of Virginia Beach, Virginia, is hereby
90 amended and reordained to read as follows:
91
92 Sec. 7-59.5. - General provisions applicable to Sections 7-59.1 through 7-59.5.
93 (a) For purposes of Sections 7-59.1 through 7-59.4, the term "scooter" is a muscle -
94 powered device having two (2) or more wheels, a platform on which the rider stands,
95 and a steering mechanism such as handlebars.
96 (b) The provisions of Section 7-59.1 through 7-59.4 shall not be applicable to the use
97 of baby carriages, strollers or related modes of transportation of infants, or the use of
98 wheelchairs and wheelchair conveyance used for the transportation of disabled persons
99 or electrical personal assistive mobility devices, electric power -assisted bicycles or
100 motorized scooters equipped with a seat used for the transportation of disabled persons
101 when such device has a f„r either a44 state -issued placard for the disabled has been
102 issued and isprominently displayed thereon or (ii) spe^ial decal has been issued by the
103 pity p Fs pant to contien 7 26 and is PFGFninen+ly displayed theFeeR.
104 (c) The prohibitions set forth in Sections 7-59.1 through 7-59.4 shall not be applicable
105 to city employees or city contractors on officials business, or to employees of any
106 franchise or permittee authorized to provide services at Town Center, or on the beach,
107 boardwalk and adjacent bicycle path, oceanfront parks and plaza, while on duty, or
108 when authorization is granted by the City Manager or his designee for special events.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23rdday of
Octgk-qr 2012.
ED AS TO CONTENT
sur&r's Office
CA12348
R-4
October 11, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
3
ern 's Office
1 AN ORDINANCE TO AMEND SECTION 4-1
2 OF THE CITY CODE TO CLARIFY
3 PERMISSIBLE DATES FOR ISSUING
4 SPECIAL EVENT PERMITS FOR
5 HORSEBACK RIDING EVENTS
6
7 SECTION AMENDED: § 4-1
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Section 4-1 of the Code of the City of Virginia Beach, Virginia, is hereby
13 amended and reordained to read as follows:
14 Sec. 4-1. - Permit for special events.
15 (a) Events for Which Permit Required. No person or entity shall hold, organize or
16 sponsor any of the following events or activities unless a permit therefor has been
17 granted by the city:
18 (1) Parades, processions, marathons, bicycle races and other events utilizing the
19 sidewalks or vehicular travel portion of city streets and highways, or the boardwalk.
20 (2) Carnivals, bazaars and similar events which offer such activities as
21 amusement rides or devices, games of skill, animal rides or exhibitions, food
22 concessions, and informal live entertainment.
23 (3) Outdoor festivals or other musical entertainment offering live or recorded
24 music for public or private audiences in other than a fully enclosed building, with
25 the exception of outdoor musical entertainment at any private residence attended
26 by fewer than one hundred fifty (150) persons.
27 (4) Motion picture, video or broadcast television productions, other than news
28 media, involving the staging of vehicles, equipment, props or personnel on public
29 property, including buildings, streets and sidewalks, or requiring the use of city
30 equipment or services, or the participation of city employees.
31 (5) Organized scheduled contests and exhibitions held on the sand beaches of
32 the city.
33 (6) Marine events, including any prescheduled organized concentration of
34 watercraft, involving participants and/or spectators, of a competitive or
35 noncompetitive nature, which may interfere with ordinary navigation or require
36 supplementary regulation by federal, state or city authorities.
37 (7) Scheduled races, exhibitions or other events involving the operation of
38 motorized vehicles of any type.
39 (8) Scheduled gatherings of two hundred (200) or more persons on any public
40 property, other than parks.
41 (9) Activities or events requiring a variance from the regulations for parks
42 promulgated by the director of parks and recreation.
43 (10) Organized camps, athletic leagues or games, exercise classes, or other
44 instruction, education or recreational activities or events which take place on city
45 property in the Resort Area or on the sand beaches of the city, for which a fee is
46 collected by a for-profit event organizer, sponsor, or producer, and which include
47 three or more individuals paying to participate in the activity or event.
48 (11) Organized horseback riding events held on the sand beaches of the city;
49 provided, however, that no such permit shall be issued unless (i) the applicant is a
50 501(c)(3) charitable organization, (ii) the event is flet held duFing the primo ro�rsrt
51 season between November 1 and May 1, and (iii) the event lasts no longer than
52 one day. The restrictions contained in section 6-12 shall not apply to activity
53 authorized by such a permit.
54 ....
Adopted by the City Council of the City of Virginia Beach, Virginia, on this23rd
day of October , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
A�� 45Li A,
1�� c --
Strategic Growth Area Resort City Attorney's Off ce
Management Office
CA12439
R-1
October 3, 2012
M
Item-V-K2a/b
ORDINANCES/RESOLUTIONS ITEM #62311
Councilman Moss made a SUBSTITUTE MOTION to AMEND Section 3.2, Section 3, of the City
Council and School Board Policy, seconded by Councilman DeSteph.
The Substitute Motion failed
Voting: 2-7 (failed as lost to a negative vote)
Council Members Voting Aye:
William R. "Bill " DeSteph and John D. Moss
Council Members Voting Nay:
Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr. [had to leave for a City business commitment]
Rosemary Wilson
October 23, 2012
-29-
Item-V-K.2a/b
ORDINANCES/RESOLUTIONS ITEM #6231] (Continued)
Upon motion by Councilman Davis, seconded by Councilman Uhrin, City Council ADOPTED,
CITY/SCHOOL REVENUE SHARING FORMULA POLICY:
a. RESOLUTION to AUTHORIZE re City/School Revenue Sharing Formula
Policy
b. ORDINANCE to AMEND FY 2013 Real Estate Tax Levy
Voting: 7-2
Council Members Voting Aye:
Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, John E. Uhrin and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph and John D. Moss
Council Members Absent:
Mayor William D. Sessoms, Jr., and Rosemary Wilson
October 23, 2012
1 A RESOLUTION TO ADOPT THE CITY/SCHOOL
2 REVENUE SHARING FORMULA POLICY
3
4 WHEREAS, the previous City/School Revenue Sharing Policy and Formula was
5 adopted in 1997 by the City Council, and was in use until FY 2012-13 when it was
6 believed that the formula no longer reflected changes in the economy, student
7 enrollment, and state funding levels;
8
9 WHEREAS, the City Council and School Board requested the City Manager and
10 the Superintendent develop a new formula that would address these concerns and that
11 would diversify the revenues contained in the formula; and
12
13 WHEREAS, the City Manager and School Superintendent have proposed a
14 formula that: reflects a more diverse revenue stream composed of all non -dedicated
15 local tax revenues; recognizes the required local match contained in the State's
16 Standards of Quality (SOQ); and acknowledges that the City has historically provided a
17 discretionary local match that exceeded the minimum requirements of the SOQ.
18
19 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That the attached City Council and School Board Policy on sharing revenues with
23 the School System is hereby adopted and shall be used by the City Manager in the
24 proposed FY 2013-14 Operating Budget and beyond.
Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day
of October , 2012.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY
Managerdent Services Ci s Office
CA12450
R-3
October 12, 2012
IA -BEACH
L�
O4 'f' •
O
•y
tiW
1))
Cit Council and
a
4 � ?
s °` OUR xnt`0as r PolicySchool Boa d
Title: City/School Revenue Sharing Policy
Index Number:
Date of Adoption:
Date of Revision:
Page: 1 of 6
1. Purpose:
1.1. This policy ("Policy") is to establish a procedure for allocating to the City and to the Public School
System revenues estimated to be available in any given fiscal year. It is the intent of this Policy to
provide sufficient funding to maintain Virginia Beach City Public Schools' academic success as well as
the City's strategic goals.
1.2. This Policy is designed to accomplish these goals by providing better planning for school funding by
clearly and predictably sharing local revenues. It provides a balance between the funding requirements
for School and City programming. This Policy seeks to provide a diverse stream of revenues that
mitigates dramatic changes in the economy by relying upon all local tax revenues that are under the
City Council's control rather than a subset of those revenues. It also recognizes decisions by the City
Council to dedicate some of these same revenues to City and School priorities outside of the formula
discussed herein. This Policy seeks to rectify some of the concerns with the past formula by linking City
funding to the School directly to the State Standards of Quality ("SOQ") which periodically takes into
account changes in student enrollment, true property value, adjusted gross income, taxable retail sales,
and population.
2. Definitions:
2.1. "City" refers to the City of Virginia Beach exclusive of the Virginia Beach City Public Schools
2.2. "Schools" refer to the Virginia Beach City Public Schools.
2.3. "Local Tax Revenues" refers to all General Fund revenues generated by non -dedicated local taxes: real
estate (less dedications such as the FY 2013 dedication for Schools and road construction, the Outdoor
Initiative, the Agricultural Reserve Program, and the Recreation Centers); Personal Property; General
Page 1 of 6
Sales; Utility; Utility -Consumption; Virginia Telecommunications; Business License (BPOL); Cable
Franchise; Cigarette (less dedication for Economic Development Incentive Program (EDIP); Hotel
Room; Restaurant Meals; Automobile License; Bank Net Capital; City Tax on Deeds; and City Tax on
Wills.
2.4. "Dedicated Local Tax" refers to taxes that have been previously obligated by the City Council or State
law to support specific projects or programs. Examples of dedicated local taxes that are excluded from
this Policy include, but are not limited to: Tax Increment Financing District Revenues; Special Services
Districts Revenues; the FY 2013 dedications to Schools (4 cents of the real estate tax) and
Transportation (2 cents of the real estate tax); taxes established to support Open Space; Agricultural
Reserve Program; Recreation Centers; Outdoor Initiative; Economic Development Incentive Program;
Tourism Advertising Program; Tourism Investment Program; referendum related taxes; and taxes used
to support the BRAC project. A more complete discussion of such dedications is found at page 60 of
the Executive Summary in the FY 2013 Budget and pages 1-39 and 1-40 of the FY 2013 Operating
Budget.
2.5. "Revenue Sharing Formula" refers to the method of sharing Local Tax Revenues between the City and
the Schools.
2.6. "Budgeted Local Tax Revenues" refers to the appropriation of revenues by City Council in May each
year for the upcoming fiscal year beginning July 1.
2.7. "Actual Local Tax Revenues" refers to the actual collected revenues reflected in the Comprehensive
Annual Financial Report (CAFR).
2.8. "School Reversion Funds" refers to unused expenditure appropriations and end of the year
adjustments to the Revenue Sharing Formula revenues based on actual collections.
2.9. "Discretionary Local Match" refers to the funding level set by the Revenue Sharing Formula and the FY
2013 real estate tax dedication.
2.10. "Required Local Match" refers to the City funding required by the SOQ.
3. Procedure to Calculate the Revenue Sharing Formula:
3.1. Initial Estimate
3.1.1. In October, Management Services will provide an estimate of local tax revenue for the upcoming
fiscal year.
3.1.2. The Required Local Match calculation - Using the SOQ for each of the State Biennial years,
Management Services will deduct this amount from the projection of Local Tax Revenues and set
it aside as the first step.
Page 2 of 6
3.1.3. Discretionary Local Match calculation — The Discretionary Local Match has two components: the
formula component and the FY 2013 four cent real estate dedication.
3.1.3.1. The formula component: Management Services will then allocate to Schools 32.37% of
the remaining Local Tax Revenues.
3.1.3.2. The FY 2013 dedication component: In FY 2013 Operating Budget the City Council
increased the real estate tax rate by four cents and dedicated it to the Schools' Operating
Budget. This dedication amount will be added back to the Discretionary Local Match. This
dedication shall exist until such time as the State restores funding for education to the
average level provided from FY 2006 to FY 2012 of $350 million (net of School facility
funds) The City Council has directed the City Manager to recommend, as a part of the
City's Proposed Operating Budget, reductions in whole or in part to the four cents real
estate dedication in an amount roughly equal to the increased State funding above $350
million (per annum) as reflected by a decrease in the local composite index below the
current FY 2013 level of 0.4110.
3.1.4. The combination of the required local match and the discretionary local match shall comprise the
funding for Schools pursuant to this Policy.
3.2. Final Estimate
3.2.1. In February, Management Services will provide a final estimate of the Local Tax Revenues. This
will be the estimate included in the City's Proposed Operating Budget.
3.2.2. Required Local Match calculation - By February the final SOQ required local match should be
known from the Virginia Department of Education and this figure will be used to set aside the
first allocation of revenues.
3.2.3. Discretionary Local Match calculation - Management Services will then allocate to Schools the
formula component (32.37% of the remaining estimated Local Tax Revenues) plus the FY 2013
dedication component (four cents of the real estate tax provided no adjustments are required).
3.2.4. The combination of the Required Local Match and the Discretionary Local Match shall comprise
the total local funding of the Schools under the Revenue Sharing Formula.
3.2.5. Estimates of the revenues contained in the Revenue Sharing Formula shall be clearly presented in
the City's Operating Budget.
4. Procedure to Request an Increase in the Discretionary Local Funding Match:
4.1. After receiving the Superintendent's Estimate of Needs, the School Board will notify the City Council by
resolution that it has determined additional local funding is required to maintain the current level of
Page 3 of 6
operations or to provide for additional initiatives. The School Board's resolution will provide the
following: 1) that additional funding is required; 2) the amount of additional funding requested; 3) the
purpose for the additional funding; and 4) that the School Board supports an increase in the real estate
tax (or other local tax) should the City Council determine that such a tax increase is necessary.
4.2. If the City Council determines that additional funding is warranted to maintain the current level of City
and Schools operations or to provide for additional initiatives, the City Council shall determine
appropriate action. This action may include consideration of existing dedications or alternate sources of
revenue or tax increases. If, after deliberation and appropriate public involvement, the City Council
determines that additional tax revenues are required, City Council may adopt a tax rate increase to any
revenue stream within this formula to generate additional local tax revenue.
4.3. Should the City Council dedicate such increase in local taxes, that dedication will be treated in the same
manner as other Dedicated Local Tax. If the City Council does not dedicate the increased taxes, this
revenue will be part of the Local Tax Revenues for purposes of this Policy.
5. Actual Revenue Collections deviate from Budget Local Tax Revenues:
5.1. If, at the end of the fiscal year, the actual Local Tax Revenues exceed the budgeted amount, the
amount of excess revenue will be allocated in the same manner as similar revenues were apportioned
in the recently ended fiscal year. However, such excess revenues are subject to the City Council's
General Fund Balance Reserve Policy. If such funds are not required for the General Fund Balance
Reserve Policy, the School Board may request that such funds be appropriated at the same time as the
appropriation of reversion funds, discussed in section 6.3, below.
5.2. If, the City, through the Manager or his designee, anticipates at any time during the fiscal year that
actual revenues will fall below budgeted revenues, the School Board, upon notification by the City
Manager or his designee of such an anticipated shortfall, will be expected to take necessary actions to
reduce expenditures in an amount equal to the School's portion of the shortfall.
6. Reversion of Formula Revenues:
6.1. All other sources of funding shall be expended by the Schools prior to the use of Local Tax Revenues.
6.2. All balances of Local Tax Revenues held by the Schools at the close of business for each fiscal year
ending on June 30th (to include the accrual period) lapse into the fund balance of the City's General
Fund. The reversion described in the preceding sentence is specific to Local Tax Revenues, and while
the appropriation to spend funds may lapse, the reversion process is not applicable to moneys in a
fund, such as the Athletic Fund, that are attributable to user fees or gate admissions.
Page 4 of 6
6.3. Reversion Appropriation Process: The School Board may request, by resolution, the reappropriation
and appropriation of funds resulting from the end of the fiscal year. This request should consider the
following:
6.3.1.The use of funds whose appropriation has lapsed because of the end of the fiscal year and
reverted to the fund balance of the City's General Fund. See Section 6.2.
6.3.2.The use of excess funds discussed in Section 5.1.
6.3.3.The calculation of actual debt payments for the fiscal year recently closed as compared to the
estimated debt payments upon which the fiscal year's budget was appropriated. If the actual debt
payment exceeds estimated debt payments, the amount of Schools reversion funds will be
reduced by this difference. If actual debt is less than estimated debt payments, the amount of
Schools reversion funds will be increased by this difference.
6.3.4.The Schools' Budget Office will confer with Management Services to verify that there is sufficient'
fund balance in the General Fund to meet the City Council Fund Balance Policy. If there is
insufficient fund balance according to the Fund Balance Policy, the City Manager shall notify the
Superintendent of this condition.
6.3.5.The School Board resolution may request the use of excess or reversion funds for one-time
purchases or to be retained according to applicable policy on the Schools Reserve Fund (Fund 098),
including School Board Policy #3-28, and City Council Ordinance # 2789F, adopted November 4,'
2003.
6.3.5.1. Upon receipt of the resolution, Management Services shall prepare an ordinance for City
Council's consideration of the School Board's request at the earliest available City Council
meeting.
6.3.5.2. Following City Council's action Management Services shall notify the Schools of the City I
Council's decision and shall adjust the accounting records accordingly.
7. Revision to the City/School Revenue Sharing Policy:
7.1. The Superintendent, City Manager, School Chief Financial Officer, and the City's Director of
Management Services shall meet annually to discuss changes in State and Federal revenues that
support Schools operations, any use of "one-time" revenues, and any adjustments made to existing
revenues affecting this formula. If they determine that an adjustment is needed, the City Manager
and Superintendent will brief the City Council and School Board respectively.
7.2. City Council may revise this Policy at its discretion after consultation with the School Board.
Page 5 of 6
7.3. If no other action is taken by the City Council and School Board, this Policy shall remain effective until
June 301h 2015 at which time it will be reviewed and considered for reauthorization.
Approved•
As to Content:
r. James G.lerriII
Date
chool Superendent
ttam s K. Spore
Dat
'%�nManager
Ylt"
10/1-7/(Z
As to Legal Sufficiency: ► -�
Mark D. Stiles
Date
City Attorney
Approved by School Board:
Approved by City Council:
Daniel D. Edwards Date
School Board Chairman
William D. Sessoms, Jr. Date
Mayor
Page 6 of 6
1 AN ORDINANCE TO AMEND THE FY 2013
2 REAL ESTATE TAX LEVY
3
4 WHEREAS, the City Council adopted an ordinance on May 8, 2012, to set the
5 real estate tax rate for Fiscal Year 2012-13 (the "FY 2013 Real Estate Tax Levy"); and
6
7 WHEREAS, in Section 1 of the FY 2013 Real Estate Tax Levy, the City Council
8 dedicated four cents of the increased real estate tax rate to provide funding for the
9 Schools "to offset the decrease in State funding through the Local Composite Index;"
10 and
11
12 WHEREAS, Section 1 of the FY 2013 Real Estate Tax Levy included a directive
13 to the City Manager that "[a]t such time as the State restores funding above the
14 following benchmarks: Local Composite Index at FY 2013 .... the City Manager will
15 recommend a reduction, in whole or in part, to the four cent... dedication in an amount
16 roughly equal to the increased State funding with a corresponding decrease in the real
17 estate tax rate;" and
18
19 WHEREAS, the School Board has expressed concern about using the Local
20 Composite Index ("LCI") as a trigger for review of the four cent dedication because it
21 may have a "unintended double reduction to local school funding" (School Board letter
22 to Council dated October 5, 2012); and
23
24 WHEREAS, an alternative to the LCI is a fixed -dollar amount of State funding for
25 Schools the average of which over the previous seven years is $350 million (net School
26 Facility funds) per year;
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA, THAT
30
31 The Section 1of the FY 2013 Real Estate Tax Levy is hereby amended to direct
32 the City Manager to propose a reduction to the four cent dedication when the State
33 restores funding to Schools above $350 million (net of School Facility Funds) per year.
Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day
Of October , 2012.
APPROVED AS TO CONTENT
All
Manage(hent Services
CA12453
R-1
October 10, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
Ks &IGe
-30 -
Item -V-J.3
ORDINANCES/RESOLUTIONS ITEM #62312
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED,BY
CONSENT, ORDINANCE to AUTHORIZE the City Manager to TERMINATE the Purchase Agreement
with Tailwind Development Group, L.L.C. and SOLICIT proposals re hotel development at Princess
Anne Road and South Independence Boulevard
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Harry E.
Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
1 AN ORDINANCE (1) AUTHORIZING THE CITY
2 MANAGER TO TERMINATE THE PURCHASE
3 AGREEMENT BETWEEN THE CITY AND TAILWIND
4 DEVELOPMENT GROUP, L.L.C. AND (2)
5 DIRECTING THE CITY MANAGER TO SOLICIT
6 PROPOSALS FOR THE DEVELOPMENT OF A
7 HOTEL AT THE NORTHWEST CORNER OF
8 PRINCESS ANNE ROAD AND SOUTH
9 INDEPENDENCE BOULEVARD
10
11 WHEREAS, the City of Virginia Beach (the "City") owns the 4.25+/- parcel of
12 land located at the northwest corner of Princess Anne Road and S. Independence Blvd.
13 in Virginia Beach (GPIN: 1485-16-9065) (the "Property");
14
15 WHEREAS, in 2008 the City issued its Request for Proposals seeking a private
16 party to purchase and develop the Property (the "RFP");
17
18 WHEREAS, as a result of the RFP, the City and Tailwind Development Group,
19 L.L.C. ("Tailwind") entered into an Agreement of Sale dated November 16, 2009, as
2o amended by that certain First Amendment to Agreement of Sale dated March 1, 2010,
21 the Second Amendment to Agreement of Sale dated May 17, 2010, and the Third
22 Amendment to Agreement of Sale dated October 26, 2010 (collectively, the "Purchase
23 Agreement") for the development of the Property as a medical office complex;
24
25 WHEREAS, as set forth in the Purchase Agreement, Tailwind paid a deposit of
26 $50,000 to the City to be applied against the purchase price of $1,391,950 for the
27 Property;
28
29 WHEREAS, due to unforeseen circumstances, Tailwind has been unable to
30 purchase the Property. Furthermore, that City Council is of the opinion that the
31 development of a hotel on the Property would be in the City's best interests; and
32
33 WHEREAS, City Council desires the City Manager to solicit new proposals from
34 the general public to ensure it obtains the most advantageous terms for the sale and
3s development of the Property as a hotel.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH, VIRGINIA:
39
40 1. That the City Manager is hereby authorized to execute a Termination
41 Agreement to terminate the Purchase Agreement between Tailwind Development
42 Group, L.L.C. and the City, and return the $50,000 paid as a deposit, and such other
43 terms, conditions and modifications as maybe acceptable to the City Manager and in a
44 form deemed satisfactory by the City Attorney.
45 2. That the City Manager is directed to solicit new proposals for the development
46 of a hotel on the Property.
47
48 This ordinance shall be effective from the date of its adoption.
49
50 Adopted by the Council of the City of Virginia Beach, Virginia, on the23rd day
51 of October 2012.
APPROVED AS TO CONTENT
blic Works / Real Estate
CA12403
\\vbgov.com\DFS1 Wpplications\CilyLawProd\cycom32\Wpdocs\D008\P020\00041728. DOC
R-1
10/10/2012
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney
-31 -
Item -V-K4
ORDINANCES/RESOLUTIONS ITEM #62313
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, ORDINANCE TO DECLARE the property at 405 Fountain Drive and two (2) adjoining lots
in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL the properties to Nicholson
Properties, LLC (DISTRICT 6 — BEACH)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Harry E.
Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
I AN ORDINANCE DECLARING THE PROPERTIES
2 LOCATED AT 405 FOUNTAIN DRIVE (GPIN: 2407-46-
3 2671) AND TWO ADJOINING LOTS (GPINS 2407-46-
4 .3607 AND 2407-46-2753) TO BE IN EXCESS OF THE
5 CITY'S NEEDS AND AUTHORIZING THE CITY
6 MANAGER TO SELL THE PROPERTIES TO
7 NICHOLSON PROPERTIES, LLC.
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of three parcels of
10 land located at 405 Fountain Drive and two adjoining lots, further described on Exhibit A
11 attached hereto and made a part hereof (the "Property");
12
13 WHEREAS, the City acquired the Property pursuant to the Oceana and
14 Interfacility Traffic Area Conformity & Acquisition Program (CIP 9-060);
15
16 WHEREAS, the City funded the acquisition of the APZ-1 purchase through a
17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
18 contributing fifty percent (50%) of the purchase price;
19
20 WHEREAS, the Property is in an area designated for transitional use in the APZ-
21 1/Clear Zone Master Plan adopted by Council on April 1, 2008;
22
23 WHEREAS, the APZ-1 Disposition Committee has recommended that City
24 Council declare the Property to be in excess of the City's needs and sell the Property to
25 Nicholson Properties, LLC ("Nicholson");
26
27 WHEREAS, Nicholson will construct a new warehouse and distribution facility on
28 the Property to prescribed standards acceptable to the City, which is a use compatible
29 with Section 1804 of the City Zoning Ordinance;
30
31 WHEREAS, Nicholson will purchase the Property in accordance with the
32 Summary of Terms attached hereto as Exhibit B and made a part hereof; and
33
34 WHEREAS, the City Council is of the opinion that the Property is in excess of the
35 needs of the City of Virginia Beach.
36
37 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
38 OF VIRGINIA BEACH, VIRGINIA:
39
40 That the Property described on Exhibit A is hereby declared to be in excess of
41 the needs of the City of Virginia Beach and that the City Manager is hereby authorized
42 to execute any documents necessary to convey the Property to Nicholson Properties,
43 LLC, in substantial conformity with the Summary of Terms attached hereto as Exhibit B
44 and such other terms, conditions or modifications as may be acceptable to the City
45 Manager and in a form deemed satisfactory by the City Attorney.
46 Further, that the revenue from the sale of the Property in the amount of $150,000
47 shall be received and fifty (50) percent of this amount shall be appropriated to CIP #9-
i8 060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50) percent
49 shall be deposited for future payment by the City Manager to refund the
�p Commonwealth's portion in accordance with the grant agreement. A manual
h encumbrance will be established to ensure that the $75,000 retained by the City will
52 available for BRAC program acquisitions in future years per the agreement with the
5I3 Commonwealth.
I4 This ordinance shall be effective from the date of its adoption.
55 r
23d
X16 OctobAdopted by the Council of the City of Virginia Beach, Virginia on the day of
7 , 2012.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY
APPROVED AS TO CONTENT
Aanage*enS4"rvices
CA12401
\\vbgov.com\dfs I \applications\citylawprod\cycom32\wpdocs\d005\p015\00041458. doc
R-1
October 8, 2012
Cit At ney
EXHIBIT A
GPIN: 2407-46-2671
ALL THOSE certain lots, pieces or parcels of land,
with the buildings and improvements thereon, situate,
lying and being in the City of Virginia Beach, Virginia
and being known, numbered and designated as Lot
98 and Lot 99 as shown on the plat entitled "A Part of
Maxey Manor", which plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 27 at page 30.
GPIN: 2407-46-3607 and 2407-46-2753
All THOSE certain lots, pieces or parcels of land, with
the buildings and improvements thereon, situate, lying
and being in the City of Virginia Beach, Virginia and
being known, numbered and designated as Lot 100
and 101 as shown on the plat entitled "A Part of
Maxey Manor", which plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 27 at page 30.
LESS AND EXCEPT all right, title and interest of the
Grantor in and to any public road, public rights-of-
way, or public easements adjacent to the above -
referenced property.
IT BEING the same properties conveyed to the City of
Virginia Beach by Deed from East Coast Cedar Co.,
Inc. a Virginia corporation, dated April 12, 2010 and
recorded in the aforesaid Clerk's Office as Instrument
Number 20100430000403550.
EXHIBIT B
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY AT 405 FOUNTAIN DRIVE AND MAXEY MANOR
LOTS 100 & 101
SELLER: City of Virginia Beach
PURCHASER: Nicholson Properties, a Virginia limited liability company
PROPERTY: 405 Fountain Drive, GPIN: 2407-46-2671; Maxey Manor Lot
100, GPIN 2407-46-3607; Maxey Manor Lot 101, GPIN
2407-46-2753 and further described on Exhibit A to the
Ordinance.
SALE PRICE: $150,000
CONDITIONS OF SALE
• The Purchaser shall be responsible for rezoning the Property and applying
for an APZ-1 conditional use permit (if applicable) which will allow
warehousing and distribution in the zoning district.
• The Property shall be subdivided at the Purchaser's expense in order to
join the Property with the adjacent parcels and vacate the interior lot lines.
• The Purchaser shall construct a 10,000 +/-square foot warehouse and
distribution facility.
• The Purchaser shall submit a site plan for review and approval by the
Planning Department prior to settlement.
• The City retains the right to repurchase the property, less deposit, if
Purchaser does not construct within18 months of settlement.
• The Purchaser will conform to restrictive covenants and design criteria
regarding use, construction, materials, signage, parking, and landscaping.
-32-
Item-V-KSa/b
ORDINANCESIRESOL UTIONS ITEM #62314
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, RESOLUTIONS to ESTABLISH:
a. The 2040 Vision to Action Community Coalition Commission
b. Emergency Medical Response, LLC and AUTHORIZE re annual EMS permit
for private services
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Harry E.
Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
1 A RESOLUTION TO ESTABLISH THE 2040
2 VISION TO ACTION COMMUNITY
3 COALITION COMMISSION
4
5 WHEREAS, in January 2011, the Envision Virginia Beach 2040 Committee (the
6 "Committee") was appointed to study and analyze current trends and forces affecting
7 our community to determine the future of Virginia Beach in 2040; and
8
9 WHEREAS, the Committee reviewed community factors and considerations,
10 such as the military presence, safe and stable neighborhoods, transportation corridors,
11 quality of education, employment for future generations, agricultural reserve, cultural
12 opportunities, recreational opportunities, and technological changes; and
13
14 WHEREAS, the Envision Virginia Beach 2040 Committee report dated May 15,
15 2012, includes broad areas of focus and provides an expanded description of the
16 desired future; and
17
18 WHEREAS, The City Council endorsed the report on June 12, 2012 as a positive
19 and inclusive vision of the future and directed the City Manager or his designee to
20 return to the City Council before the end of the calendar year with details for the
21 formation of a continuing body, appointed by City Council, to monitor and pursue the
22 report's vision of the future, to communicate with regional bodies, delegations, and
23 community groups, and to pursue the report's bold steps for Regionalism, Early
24 Childhood Education, Transportation, and the Vision to Action Community Coalition.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA, THAT:
28
29 The City Council herby establishes an ongoing 2040 Vision to Action Community
30 Coalition Commission ("the Commission").
31
32 BE IT FURTHER RESOLVED, THAT:
33
34 The Commission will monitor and measure the planning and implementation of
35 the Envision Virginia Beach 2040 report and communicate that vision with regional
36 bodies, delegations and community groups.
37
Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of
October .2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
prnil
. W,,P I - J-vw M, �,
14, 1�1 W, �4- - , , � pi�,"
Strategk GtAh Area Offil's
CA12455
R-3
October 17, 2012
1 A RESOLUTION TO APPROVE ESTABLISHMENT OF
2 EMERGENCY MEDICAL RESPONSE, LLC IN VIRGINIA
3 BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR
4 PROVIDING PRIVATE AMBULANCE SERVICES
5
6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must
7 approve the establishment of an emergency medical service organization in the City of
8 Virginia Beach; and
9
10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code §
11 10.5-2 , any individual or organization that desires to operate an emergency medical
12 services agency or emergency medical services vehicles in Virginia Beach for emergency
13 transport or non -emergency transport purposes must apply for a permit; and
14
15 WHEREAS, a request for establishment and an application for a permit has been
16 received from Emergency Medical Response, LLC; and
17
18 WHEREAS, this request and application has been recommended for approval by
19 the Virginia Beach Department of Emergency Medical Services; and
20
21 WHEREAS, City Council finds the approval of this request and application is in the
22 best interests of the citizens of Virginia Beach as it will assure continued and adequate
23 emergency services and will preserve, protect and promote the public health, safety and
24 general welfare of the citizens.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the request of Emergency Medical Response, LLC for the establishment of its
30 emergency medical service in the City of Virginia Beach, and its application for an annual
31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is
32 hereby approved and granted, effective immediately and until June 30, 2013.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of
35 October , 2012.
APPROVED AS TO CONTENT:
Emer ency Medical Services
CA 12447
R-1
October 3, 2012
APPROVED AS TO LEGAL
SUFFICIENCY:
M0.2.1 -M 916.,-M
�\
� 15 1 ®rk S
..- �• -
-33-
Item—V-K6a(1,2,3)/b and c(1,2)
ORDINANCES/RESOLUTIONS ITEM #62315
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, ORDINANCES to APPROPRIATE and TRANSFER:
a. Burton Station Strategic Growth Area Funds
1. $
330, 000
—Newtown SGA
2. $
335, 000
— Pembroke SGA
3. $
335,000
—Rosemont SGA
4. $
366,628
— Miscellaneous Revenues
5. $1,133,372
—Various Closed Capital Projects
b. $287,000 DEA Shared Asset fund balance to purchase equipment and services
for the Police Department
C. $ 95, 000 from the General Fund to Human Services re Community Trust Grant
re a Supportive Living residence at 3705 Gresham Court (DISTRICT 3 — ROSE
HALL)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Harry E.
Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO
2 TRANSFER FUNDS FROM VARIOUS CAPITAL
3 PROJECTS TO CAPITAL PROJECT #9-081, STRATEGIC
4 GROWTH AREA PROJECTS TO BE USED WITHIN THE
5 BURTON STATION SGA - BURTON STATION VILLAGE
6 (PHASE 1)
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
10
11 1. The following funds in the amounts shown are hereby transferred to CIP
12 #9-081 Strategic Growth Area Projects for Northampton Boulevard Burton Station SGA -
13 Burton Station Village Phase I:
14
15 a. $330,000 from CIP #9-504, Newtown Strategic Growth Area;
16 b. $335,000 from CIP #9-505 Pembroke Strategic Growth Area;
17 c. $335,000 from CIP #9-506 Rosemont Strategic Growth Area; and
18 d. $1,133,372 is hereby transferred from various closed capital projects,
19 the remaining balances are located in the 540 Fund, 529 Fund, and
20 497 Fund; and
21
22 2. $366,628 is hereby appropriated from interest on deposits and other
23 miscellaneous revenues including construction plan review fees and cash proffers, with
24 estimated revenues increased accordingly, to CIP #9-081 Strategic Growth Area
25 Projects for Northampton Boulevard Burton Station SGA -Burton Station Village Phase I.
Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day
of October 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Management Services
CA12451
R-2
October 17, 2012
APPOROVED AS TO LEGAL SUFFICIENCY:
ity e s ffice
1
2
3
4
5
6
7
8
10
11
AN ORDINANCE TO APPROPRIATE FUND BALANCE OF
THE DEA SHARED ASSET SPECIAL REVENUE FUND FOR
POLICE EQUIPMENT, TRAINING, AND CONTRACTUAL
SERVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $287,000 is hereby appropriated, with estimated revenues increased
accordingly, from the fund balance of the DEA Shared Asset Special Revenue Fund to the
FY 2012-13 Operating Budget of the Police Department to purchase various equipment
and services for the Police Department.
Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day
of October 2012.
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 A ice
CA12452
R-1
October 11, 2012
1 AN ORDINANCE TO APPROPRIATE MONIES FROM THE
2 FUND BALANCE OF THE GENERAL FUND TO THE
3 DEPARTMENT OF HUMAN SERVICES TO PROVIDE A
4 GRANT TO THE VIRGINIA BEACH COMMUNITY TRUST
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7 That $95,000 is hereby appropriated from the fund balance of the General Fund,
8 with revenues from fund balance increased accordingly, to the FY 2012-13 Operating
9 Budget of the Department of Human Services to provide grant funding to the Virginia
10 Beach Community Trust, Exempt Fund, to allow the renovation of a residence located at
11 3705 Gresham Court as part of the Supportive Living Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day
of October 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Managerrfent Services Cify A Office
CA12454
R-1
October 11, 2012
Item -V-L
PLANNING
1. RANDEE MARIE HOLMES/THOMAS
and RANDEE HOLMES
2. DIANE L. McE WEN
3. AMANDA JEANS/THOMAS J. JEANS
-34-
ITEM #62316
MODIFICATION OF CONDITIONS
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
October 23, 2012
Item -V-L
PLANNING
-35 -
ITEM #62317
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items I and 2 of the PLANNING AGENDA.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Harry E.
Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
Item -V-L.1
PLANNING
-36 -
ITEM #62318
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED, BY
CONSENT, Application of RANDEE MARIE HOLMES/THOMAS and RANDEE HOLMES for
Modification of Condition No. 1 (approved by City Council on August 13, 2002) re child day care at 1952
Blue Knob Road DISTRICT 1 — CENTERVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of RANDEE MARIE HOLMESITHOMAS
and RANDEE HOLMES for Modification of Condition No. I (approved
by City Council on August 13, 2002) re child day care at 1952 Blue Knob
Road (GPIN 1464092059) DISTRICT I — CENTERVILLE
The following conditions shall be required:
All conditions, with the exception of Number one (1) attached to the Conditional Use
Permit granted by the City Council on August 13, 2002, shall remain in effect.
2. Condition Number I of the August 13, 2002, Conditional Use Permit is deleted and
replaced with the following:
The home daycare shall be limited to twelve (12) children and the
permitted number of children, based on age, shall be as set forth by the
Virginia Department of Social Services.
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 -Third day of October,
Two Thousand Twelve
October 23, 2012
Item -V-L.1
PLANNING
Voting: 10-0 (By Consent)
Council Members Voting Aye:
-37 -
ITEM# 62318(Continued)
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Harry E.
Diezel, Barbara M. Henley, Vice Mayor Louis P- Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
Aflim
Council Members Absent:
Rosemary Wilson
October 23, 2012
Item -V-L.2
PLANNING
-38 -
ITEM #62319
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of DIANE L. McEWEN for a Conditional
Use Permit re child day care at 616 Connie Way DISTRICT 2 — KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of DIANE L. McEWEN for a
Conditional Use Permit re child day care at 616 Connie Way
(GPIN 146855576) DISTRICT 2 — KEMPSVILLE
The following conditions shall be required:
1. The home daycare shall be limited to a total often (10) children, other than children
living in the home.
2. Hours of operation shall be limited to Monday through Friday 6:00 A.M. to 6:00 P.M.
3. No more than one (1) person, other than the applicant, shall be employed by the home
daycare.
4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play
area. The fence shall meet the requirements of the Virginia Department of Social
Services.
5. No signs advertising the home daycare on the lot or any structure on the lot shall be
permitted at any time.
6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain
said license in good standing shall result in revocation of this Use Permit.
7. The applicant shall obtain all necessary permits and inspections from the Planning
Department/ Permits and Inspections Division. The applicant shall secure a Certificate
of Occupancy from the Building Off cial for home daycare use.
This Ordinance shall be effective in accordance with Section 107( )9 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Third day of October,
Two Thousand Twelve
October 23, 2012
Item -V-J.2
PLANNING
Voting: 10-0
Council Members Voting Aye:
-39 -
ITEM #62319 (Continued)
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Harry E.
Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
-40 -
Item -V-L.3
PLANNING ITEM # 62320
The Applicant, Amanda Jeans, requested City Council approve her Conditional Use Permit. Ms. Jeans is
attempting to get dog licenses and does not want to lose any of them. She has a shed where the dogs can
be housed. Vice Mayor Jones presiding.
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council DENIED, Application
of AMANDA JEANSITHOMAS J. & AMANDA L JEANS for a Conditional Use Permit re residential
kennel at 4677 Ardmore Lane DISTRICT I - CENTERVILLE
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,
John E. Uhrin and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor William D. Sessoms, Jr., [had to leave for a City business commitment]
Rosemary Wilson
October 23, 2012
-41 -
ITEM V -M
APPOINTMENTS ITEM #62321
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
COMMUNITY SER VICES BOARD
October 23, 2012
-42 -
Item —V -M
APPOINTMENTS ITEM #62322
Upon NOMINATION by Councilman Wood, City Council APPOINTED:
Griffith Ian Brinkley, Plumbing and Mechanical Division
Appointed: 2 year term 11/1/12 —12/31/14
BOARD OF BUILDING CODE APPEALS
Voting: 10-0 (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 and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
-43 -
Item —V -M
APPOINTMENTS ITEM #62323
Upon NOMINATION by Councilman Wood, City Council APPOINTED:
Zachery Nissen
Sylvia Nery-Strickland
3 year term 4/1/12 — 313-1115
HUMAN RIGHTS COMMISSION
Voting: 10-0 (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 and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
-44 -
Item —V -M
APPOINTMENTS ITEM #62324
Upon NOMINATION by Councilman Wood, City Council APPOINTED:
Kelly Miller, School Library Coordinator
3 year term UNEXPIRED THRU 8131113
plus 3 YEARS 9/1113 — 8131116
PUBLIC LIBRARY BOARD
Voting: 10-0 (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 and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
-45 -
Item —V -M
APPOINTMENTS ITEM #62325
Upon NOMINATION by Councilman Wood, City Council REAPPOINTED:
Gary F. Arnold
Robert S. Miller
Ronald Ripley
Kimberle A. Rizzo
Reappointed. 4 year term 1/31/12 — 9/30/16
WORKFORCE HOUSING ADVISORY BOARD
Voting: 10-0 (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 and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
-46 -
Item —V -M
APPOINTMENTS ITEM #62326
Upon NOMINATION by Councilman Wood, City Council APPOINTED:
Georgia Allen
Aubrey Layne
Jason Barney
Peggy Layne
Edwina Bergano
Martha McClees
Daniel Edwards
Gary McCollum, Co -Chair
Naomi Estaris
John Malbon , Co -Chair
Andrew Fine
Bert Reese
Ed Hamm
Candace Slade
Donald Horsey
Tim Stiffler
Joe Voorhees
Appointed: NO TERM—EFFECTIVE 10/23/12
2040 VISION TO ACTION COMMUNITY COALITION
Voting: 10-0 (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 and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
-47 -
Item —V -M
APPOINTMENTS ITEM #62327
Upon NOMINATION by Councilman Wood, City Council APPOINTED:
Debra R. "Debbi" Steiger
Appointed: 3 year term — 09/01/2012 — 08/31/2015
REVIEW and ALLOCATION COMMITTEE
Voting: 10-0 (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 and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 23, 2012
-48 -
Item -V-N
ADJOURNMENT ITEM #62328
Vice Mayor Jones DECLARED the City Council Meeting ADJOURNED at 7:09 P.M.
/�'Y' 14,&, (.� r( C
Amanda Finley -Barnes, CMC
Chief Deputy City Clerk
Louis R. Jones
Vice Mayor
Ruth Hodges Fraser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
October 23, 2012
-48 -
Item -V-N
ADJOURNMENT ITEM #62328
Vice Mayor Jones DECLARED the City Council Meeting ADJOURNED at 7:09 P.M.
Amanda Finley -Barnes, CMC
Chief Deputy City Clerk
uth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
Louis R. Jones
Vice Mayor
William D. Sessoms, Jr.
Mayor
October 23, 2012