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DECEMBER 4, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WlLLIAM D. SESSOMS, JR., AbLa-ge V/CE MAYOR LOUlS R. JONES, Bnvside - Disti-ict 4 GLENN R. DAVLS, ltose Ha!! - Disti-ict 3 WILL/AM R. DeSTEPH, At-La•ge H,4RRY E. D/EZEL, Kempsvi!!e - Dish•ict 2 ROBERT M. DYER, Centerville - Disti-ict 1 BARBARA M. HENI.EY, Priircess Amxe - Disti-ict 7 JOHN D.MOSS, At-I.arge JOHN E. UHRIN, Beaclr - Disti-ict 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, I,vnnkaven -District 5 CITY COUNCIL APPOINTEES ClTY MANAGER JAMES K. SPORE ClTYATTORNEY- MARKD. STlLES ClTYASSESSOR - JERALD D. BANAGAN C/TY A UDITOR - L YNDON S. REM/AS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 4 December 2012 1. CITY COUNCIL BRIEFING - Conference Room - A. ARENA - MAJOR BUSINESS POINTS Warren Harris, Director - Economic Development Peter Luukko, President and CEO - Global Spectrum II. CITY MANAGER'S BRIEFING A. GOLF COURSE OPERATIONS Michael Kalvort, Director - Parks and Recreation III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITYHALL BUlLDING 1401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com 4:00 PM 5:30 PM C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ted David, Pastor Virginia Beach United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 27, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUSLIC HEARING 1. PROPOSED EXEMPTIONS FROM REAL AND PERSONAL PROPERTY TAXES a. The Onesimus Ministries of Norfolk, Inc. b. Legal Aid Society of Eastern Virginia, Inc. C. Bethany Christian Services of Hampton Roads, Inc. d. Ubasti 1. ORDINANCES 1. Ordinance to DESIGNATE as EXEMPT from Real and Personal Property Taxes: a. The Onesimus Ministries of Norfolk, Inc. b. Legal Aid Society of Eastern Virginia, Inc. C. Bethany Christian Services of Hampton Roads, Inc. d. Ubasti 2. Ordinance to AUTHORIZE a temporary encroachment into the City's right-of-way at Market Street, Town Center, for Greenbrier Technology Center II Associates, LLC, and Big River Breweries (t/a Gordon Biersch) 3. Ordinance to TRANSFER $2.9-Million within Capital Projects re Business Revenue/Personal Property RACS Implementation to meet future legislative requirements. J. PLANNING 1. Application of EDWARD LEE TWEEDY for enlargement of a Non-Conforming Use re housing ten (10) additional dogs at 3908 Indian River Road (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of CAPE HENRY COLLEGIATE SCHOOL, INC., for Modification of Condition No.l re athletic field lighting, bleachers and decorative entrance at 1320 Mill Dam Road, (approved May 23, 2000) (DISTRICT 5- LYNNHAVEN) RECOMMENDATION: APPROVAL 3. Application of HIMBERLY LORAINE HERNAEZ/THOMAS BUSCIGLIO, for a Conditional Use Permit re a Home Occupation for Child Day Care at 1940 Southaven Drive (DISTRICT 1 - CENTERVILLE) RECOMMENDATION: APPROVAL 4. Application of R& J PETRO, INC. D.B.A. STUDIOS 4 LESS / THE RAMSEY-WHITE COMPANY, L.C. for a Conditional Change of Zoning from B-1 Neighborhood Business and H- 1 Hotel to Conditional B-4 Mixed Use re ADDING retail, medical, office and personal services to the existing hotel use at 717 South Military Highway (DISTRICT 2 KEMPSVILLE) RECOMMENDATION: APPROVAL 5. Application of MPB, INC. for a Conditional Change of Zoning from AG1 and AG2 Agricultural to Conditional 0-2 Office re a three story office structure at Princess Anne Road and Elson Green Avenue (deferred November 13, 2012) (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION: K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) COMMUNITY SERVICES BOARD (CSB) HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION APPROVAL SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL SESSIONS December 2012 December 11 2012 CITY HOLIDAVS Monday, December 24 Christmas Eve (half-day) Tuesday, December 25 Christmas Day CEREMONIAL OATH OF OFFICE MAYOR VICE MAYOR MEMBERS OF CITY COUNCIL Tuesday, January 8, 2013 - 6:00 P.M. The Honorable Tina Sinnen, Circuit Court Clerk CITY COUNCI L RETREAT Economic Deve%pment Conference Room February 4-5, 2013 Briefing, Informal, Formal 6:00 P.M. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 4, 2012 Mayor William D. Sessoms, Jr. called to order the Briefing: ARENA - MAJOR BUSINES POINTS, in the City Council Conference Room, Tuesday, December 4, 2012, at 4: 00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None December 4, 2012 -2- CITY COUNCIL'S BRIEFING ARENA - MAJOR BIISINESS POINTS 4: 00 P.M. ITEM #62399 Mayor Sessoms introduced and welcomed Warrerz Harris, Director - Economic Development. Mr. Harris advised the presentation will provide the following: • Project over-view and update • Update on financial impact and lease negotiations • Next steps Patti Phillips, Director - Finance, will discuss the update and financial impact. Peter Luukko, Chief Operating Officer - Comcast Spectacor, will provide the update on the lease negotiations. -3- CITY COUNCIL'S BRIEFING ARENA - MAJOR BUSINESS POINTS ITEM #62399(Continued) Mr. Harris emphasized the City does not have an Agreement, but is making signifccant progress in this very complex deal. Mr. HarYis stated the entire group working on this proposed project have maintained a set of Guiding Principles, which are set forth below: VBDA will negotiate and present to City Councii a term sheet that will ensure all City financial obligations are met in accordance with these principles. The Virginia Beach Arena will: > Generate sufficient revenues to meet all debt service obligations as well as generate excess revenue to the City ; Substantially increase existinq Citv revenue streams (ie, Admissions Tax, Hotel & Lodging Tax, Restaurant Tax, Sales Tax, Business License Fees, etc) :. Qualifv for financial support and participation from the Commonwealth of Virginia _ 3 Mr. Harris provided the proposed project's recent milestones: August 28: Proposal made to Virginia Beach City Council September 12: First negotiating session with Comcast Spectacor c. MayorNice Mayor/City Manager/Staff c October 19: Follow up negotiating session with Comcast Spectacor : MayorNice MayodCity ManagedStaff c; October 23: Presentation of Chmura Statewide Economic Impact Analysis to City Council r; October 25: Briefing to Virginia Beach General Assembly Delegation c November 13: Presentation of CSL Economic Impact Analysis to City Council -, November 14: Follow up negotiating session with Comcast Spectacor 1? Staff c; November 28: Request for State funding assistance submitted to VEDP December 4, 2012 -4- CITY COUNCIL'S BRIEFING ARENA - MAJOR BUSINESS POINTS ITEM #62399(Continued) The results from the Initial Infrastructure Assessment by Kimley-Horn indicate no new interchanges will be needed and sufficient parking is available on-site and in the greater Resort Area to support the proposed project. Approximately 6,000 parking spaces are needed and the City would have well over 8,100 spaces available. The City would incorporate the trolley system to transport individuals to and from off-site parking. Initial infrastructure assessment by firtn of Kimley-Horn and Associates: ; Existing highway & interchange network in the area will still operate at fiiil capacity with 6,000 vehicles arriving in late rush hour period : No new interchanges will be needed c: Recommendation to reallocate traffic lanes for faster ingress/egress c; Development costs can be kept to a minimum because of previous infrastructure investments already made by the City Sufficient parking is available on site obb,and in the greater Resort Area Mr. Harris also provided the additional key accomplishments identified below: r: Verification and confirmation of local economic impact and City's market potential for arena and professional sports franchise o Quantification of potential sports franchise relocation costs c: League relocation fee c, Franchise revenue impacts from playing in temporary facility Corporate relocation costs Preliminary financial structure for arena capital costs and operetion Comparison of proposed arena project to other major economic development projects elsewhere in Virginia Request for State Funding Participation -__ "r^4*e... . December 4, 2012 -5- CITY COUNCIL'S BRIEFING ARENA - MAJOR BUSINESS POINTS ITEM #62399(Continued) The majority of the "Major Projects ", statewide, have taken place in Northern Virginia. The team believes Hampton Roads is long overdue for a"Major Project ". Virqinia Beach Arena: - 3,712 new jobs /$300 million investment -$502.6 million annual economic impact for Commonwealth of Virginia Rolls Rovice PLC: - 542 new jobs /$501 million investment -$200 million annual economic impact for Virginia's Gateway Region - Received $54.7 million in State Economic Development Grants SAIC(200fl) 1.2W E24 00 E150 Y1.00 Emp1oY??ininBaeaislaewe GreenMOUnfainCORee (1011) ? $??pp f4? _ Employaetrainingaevelance BecM1telCwporaYm (2D11) g25 f18.00 E1.50 E5.00 Emqoyeetreiningamismnrs Vdkaxagen(200]) 401 5118.00 E150 fE.50 Employaetrainingauiata?e HYbnWOrltlv.ide(2(p9) 325 $1]00 $1.00 E2.50 EmployeetrainNgaesisUnce Sw e'ViiginbECmomicDevebpnenfPafnaship 'GOF: V'^qinia GovenrorE OpportuiMyFwrd Pngnm "VEDIG: Vvginb Ecananic Develrymenl IncenMe G?anl . PrtgamloHeatlquerters/Adnmishalne/ServiceSecfoPrqecfs 7 Ms. Phillips reiterated Mr. Harris' comment that the City does not have an Agreement but is making significantprogress in this very complex deal. Ms. Phillips provided the updated summary of Annual Net Revenue Sources. Annual Arena Operating Net Revenue: $ 18.5 m (after operating costs/revenue sharing) Other Annual Local Revenues: Arena Development Fee ($2/ticket dedicated to debt service) 1.7 m 2/3 Admissions Tax From Arena 5.2 m 1% Hotel Tax Increase (dedicated to renewals/replacements) 2.8 m Governor's Sales Tax Rebate (dedicated to debt service) 0.9 m Sub-total Local Revenues 10.6 m Total Available Annual Revenues: $ 29.1 m 8 December 4, 2012 -6- CITY COUNCIL'S BRIEFING ARENA - MAJOR BIISINESS POINTS ITEM #62399(Continued) Below is the updated summary of total costs, contributions and Cityfinancing. Arena Capital Cost: $ 300.0 m Less Contributions: State Contribution: (70.0 m) Comcast-SpectacorContribution: (35.0 m) Totai Contributions 105.0 m Amount to be Financed by City 195.0 m Financing Costs: Debt Service Reserve 15.4 m Capitalized Interest 2$_$ m Cost of Bond Issuance 1.6 m Total Financing Costs 45.8 m Total City Cost: $ 240.8 m a December 4, 2012 -7- CITY COUNCIL'S BRIEFING ARENA - MAJOR BUSINESS POINTS ITEM #62399(Continued) c Citv Policv: W here possible, the City will issue revenue, special fee, or other self-supporting debt instruments instead of General Obligation Bonds Self-supporting revenue bonds are not backed by full faith & credit of the City, but solely by net revenues of the project Self-supporting revenue bond debt is not counted against the City's debt limit Debt service on the Arena Revenue Bonds would be paid from net operating revenues of the arena and would not count against the City's debt limits. Annual debt service is estimated at 15.4M. c Debt service on the Appropriation-Backed Bonds would be paid from excess arena operations revenue and dedicated tax revenue generated by the arena and would count as City debt. Annual debt service is estimated at 4.31M. c Both the Arena Revenue Bonds and Appropriation-Backed Bonds would be issued through the Virginia Beach DevelopmentAuthority. December 4, 2012 -8- CITY COUNCIL'S BRIEFING ARENA - MAJOR BUSINESS POINTS ITEM #62399(Continued) Citv: " Arena Capital Costs $195.0 million - Arena Financing Costs $ 45.8 million ? Hotel Tax Adjustment + 1 % Commonwealth: Arena Financial Assistance $150.0 million c Comcast-Spectacor: ; Arena Capital Costs $ 35.0 million ? Major Professional Sports Franchise -v 25 year Agreement to Operate Arena Mr. Luukko stated Comcast-Spectacor has been conducting business in Hampton Roads for over ten (10) years and has watched it grow and become more sophisticated. Comcast-Spectacor believes in the market place. c How and why Comcast-Spectacor decided to become involved with Virginia Beach Arena proposal: " Successful 10 year history in local market with other venues & activities -, Global Spectrum & LiveNation added to consultant team in September 2011 as part of initial feasibility study Comcast-Spectacor evaluation of Virginia Beach market potential identified strong available opportunity to fill unmet demand December 4, 2012 -9- CITY COUNCIL'S BRIEFING ARENA - MAJOR B USINESS POINTS ITEM #62399(Continued) From the very beginning of this proposed project, Mayor Sessoms denaanded a"transparent process ". Mr. Luukko enjoys working with the City's Staff which has proven to be a real "team " throughout this process. Mayor Sessoms has insisted the financial perimeters must be favorable for the City. c Citv/Comcast-Spectacor Deal Structure -, August 28 Proposai: Operate and program arena for 25 year term Guarantee annual operating costs Commit to pursuing professional sports franchise The updated deal structure is provided in the below slide: t Citv/Comcast-Spectacor Deal Structure ? December 4 Status: Committed to operate and program arena for 25 year term Committed to annual operating costs Activelv pursuing major professional sports franchise as anchor tenant Request for $35 million financial participation in arena capital costs pending finalization of lease negotiations with anchor tenant December 4, 2012 -10- CITY CO UNCIL'S BRIEFING ARENA - MAJOR BUSINESS POINTS ITEM #62399(Continued) Comcast-Spectacor continues negotiations with an "anchor tenant" and is requesting the City Council confirm the City's commitment to this proposed project in oYder to move forward in negotiation. > Remaining Issues: c Comcast-Spectacor continues neqotiations with Anchor Tenant Virginia Beach City Council confirm direction of deal structure (subject to conditions) > Confirms Citv's commitment to the project > Allows City and Comcast-Spectacor to move forward with term sheeUdevelopment aqreement > Allows Comcast-Spectacor and anchor tenant to move forward with lease neqotiations <> Allows Govemor and General Assembly to move forward with securinq state £nancinq assistance ,7 ? Mr. Harris provided the next steps below: c; December 4, 2012: Presentation on proposed deal structure o December 11, 2012: City Council action to endorse direction of deal structure (subject to funding participation by State and Comcast-Spectacor, and lease agreement between Comcast-Spectacor & major professional sports franchise) & direct staff to complete term sheeUdevelopment agreement c December 14, 2012: Govemor publishes FY 2013-14 budget December 2012: Convene Citizens Committee at Mayor's Request January 9, 2013: Start of 2013 General Assembly session e February 28, 2013: General Assembly adjoums -; Feb/March 2013: Development Agreement to Council for action December 4, 2012 -11- CITY COUNCIL'S BRIEFING ARENA - MAJOR BUSINESS POINTS ITEM #62399(Continued) After City Council's discussion, Mayor Sessoms stated the City has an opportunity to see if this proposed project can happen and feels City Council will be doing the City an injustice not to explore the possibilities. Most importantly, everything presented thus far is "non-binding". Mayor Sessoms advised Lynnwood Branch agreed to Chair a"citizens committee" to ensure "citizen engagement" on this proposed project. Mayor Sessoms requested anyone that is adamantly opposed to further exploring this proposed project to state that opposition now. Mayor Sessoms advised City Council is in favor of moving fonvard in the hope of securing a"deal on the table " for consideration. Mayor Sessoms thanked Mr. Luukko, Mr. Harris, Ms. Phillips and the entiYe team working on this very complex project. December 4, 2012 -12- CITYMANAGER'S BRIEFING GOLF COURSE OPERATIONS 5:33 P.M. ITEM #62400 The City Manager introduced Michael Kalvort, Director, and Kevin Bennington, Sports Management Coordinator - Parks and Recreation. Mr. Bennington thanked Councilman Diezel for his assistance. The Public/Private Partnership completed the first Fiscal Year of operation and all of the golf courses had an increase in the number of golf rounds played. December 4, 2012 -13- CITY MANA GER'S BRIEFING GOLF COURSE OPERATIONS ITEM #62400 (Continued) Golf's Transformation Fiscal Year 10,11 & 12 ?FY-10: Golf courses were operated and maintained by the Parks and Recreation Department ?FY-11: Parks and Recreation operated the courses' for 8 months and Virginia Beach Golf Management (VBGM) operated for 4 months ?FY-12: First full fiscal year of VBGM's operation of the Bow Creek, KempsviNe Greens and Red Wing Lake Golf Courses The total number of golf rounds is up almost 10, 000 rounds frorn 2010. Total Golf Rounds 120,000 100,000 ?4 1 . -? 80i000 .:. ..... ...... ...... .... . ..... . _... V a... 60.000 , ?- 4u,uou a N? " r ...... 2????0 - ?'?"?' Typ?. . . ..._. . pqi ?( a ? 7 0 Bow Creek GC Kempsville T Red Wmg Lake Total Rounds '1 Greens GC GC ? * FY-30? wm 30,902? 1 32,129 32,839 M ^ 95,870 -.? * PY-11', 24,739 27,816 36,108 88,663 , j Fl'42 24,987 ? 36,108 42,030 ' 103,125 ' December 4, 2012 -14- CITYMANAGER'S BRIEFING GOLF COURSE OPERATIONS ITEM #62400 (Cotttinued) Total Revenue is up almot $1-MILLIONfrom 2010. Total Revenue FY 10-12 $3,000,000 ? $2,500,000 - ? $2,000.000„ $1,500,000 , $1,000,000' - - - _ r? } `$500,000 41 ? _A ?.. ? i $ Bow Creek GC Kempsvdle Lake Red Wing Tota(Revenue + i . Greens GC GC a FY-10 $561,089.00 $525,902.93 $892,924.98 $1,979,916.91 M FY-11i $531,292.00 , $597,204.00 $1,118,371.00 $2,246,867.00 I ; ? FY-12 $589;312.00 $808,496.00 $1,431,346.00 $2,829,154.00 , The Total Return for the City is up amost $200-THOUSAND. December 4, 2012 -15- CITYMANAGER'S BRIEFING GOLF COURSE OPERATIONS ITEM #62400 (Continued) Virginia Beach Golf Management Capital Investment ?As part of our original agreement, VBGM committed $552,500 within the first 24 months to improve to our golf facilities ?As of today, VBGM has met'their initia) $552,500 ' ` obligation as well'as an additional $177,000 in - facility improvements `?Major improvements were made toRed Wing's club house, Kempsville's cart paths, Red Wing and Kempsville's irrigation ViYginia Beach Golf Management has completed numerous course improvements and the future of golf in the City is looking great. Improvements Provided by Virginia Beach Golf Management Red Wing Go1f Course CIub,House ' Before Afi'er . December 4, 2012 -16- CITYMANAGER'S BRIEFING GOLF COURSE OPERATIONS ITEM #62400 (Continued) Before .? , After December 4, 2012 -17- CITYMANAGER'S BRIEFING GOLF COURSE OPERATIONS ITEM #62400 (Continued) DecembeY 4, 2012 -18- CITY MANA GER'S BRIEFING GOLF COURSE OPERATIONS ITEM #62400 (Continued) Stumpy Lake Golf Course • Compared'to last year at this time: ?Rounds are up 1% ?Total Revenue is up 4% ?Rental Income is up 6% Virginia Beach National Golf Course • Compared to last year at this time: ` ?Rounds are up 2% ?Total Revenue is up 1% ?Rental lncome is up.5% December 4, 2012 -19- CITYMANAGER'S BRIEFING GOLF COURSE OPERATIONS ITEM #62400 (Continued) Mayor Sessoms thanked Mr. Kalvort and Mr. Bennington. December 4, 2012 -20- CITY COUNCIL COMMENTS 5:40 P.M. ITEM #62401 Councilman Moss spent some time this past weekend with Scott Hall with Economic Development and Mr. Wang trying to get some financing for Asia Town and wanted to thank the Economic Development for their support. ITEM #62402 Councilman Davis would like to discuss the ` pre-release " of presentations in an order to eliminate misrepresentation to the Citizens before City Council has an opportunity to hear the facts from the presenter. ITEM #62403 Councilman DeSteph received a call from a reporter asking for details on a trip to Dallas, Texas regarding the "Dome Site ". Councilman DeSteph informed the reporter he was not aware of any updates to the Dome Site project asked Mr. Spore if something was going on with the Dome Site. Councilman Uhrin stated he was not aware of any trip. The developeY is working on getting the financing and equity partners in play and has had some success in terms of resolving the financing. Mr. Spore stated he was not aware of anything related to the Dome Site proposal. December 4, 2012 II -21- AGENDA REVIEW SESSION 5:42 P.M. ITEM #62404 BY CONSENSZIS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOL UTIONS 1. Ordinance to DESIGNATE as EXEMPT from Real and Personal Property Taxes: a. The Onesimus Ministries of Norfolk, Inc. b. Legal Aid Society of Eastern Virginia, Inc. c. Bethany Christian Services of Hampton Roads, Inc. d. Ubasti 2. Ordinance to AUTHORIZE a temporary encroachment into the City's right-of-way at Market Street, Town Center, for Greenbrier Technology Center II Associates, LLC, and Big River Breweries (t/a Gordon Biersch) 3. Ordinance to TRANSFER $2.9-Million within Capital Projects re Business Revenue/Personal Property RACS Implementation to meet future legislative requirements. December 4, 2012 -zz- AGENDA REVIEW SESSION ITEM #62404 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of EDWARD LEE TWEEDY for enlarQement of a Non-ConforminQ Use re housing ten (10) additional dogs at 3908 Indian River Road (DISTRICT 7- PRINCESS ANNE) 2. Application of CAPE HENRY COLLEGIATE SCHOOL, INC., for Modification of Condition No.l re athletic field lighting, bleachers and decorative entrance at 1320 Mill Dam Road, (approved May 23, 2000) (DISTRICT S- LYNNHAVEN) 3. Application of KIMBERLY LORAINE HERNAEZ/THOMAS BUSCIGLIO, for a Conditional Use Permit re a Home Occupation for Child Day Care at 1940 Southaven Drive (DISTRICT 1- CENTERVILLE) 4. Application of R& J PETRO, INC. D.B.A. STUDIOS 4 LESS / THE RAMSEY-WHITE COMPANY, L.C. for a Conditional ChanQe of Zoning from B-1 Neighborhood Busirtess and H-I Hotel to Conditional B-4 Mixed Use re ADDING retail, medical, office and personal services to the existing hotel use at 717 South Military Highway (DISTRICT 2 KEMPSVILLE) 5. Application of MPB, INC. for a Conditional Change o Zonin from AG-1 and AG-2 Agricultural to Conditional 0-2 Office Ye a three story office structure at Princess Anne Road and Elson Green Avenue (deferred November 13, 2012) (DISTRICT 7- PRINCESS ANNE) Item #S shall be deferred to December ll, 2012. Council Lady Henley shall vote a VERBAL NAY on Item #S. December 4, 2012 -23- ITEM#62405 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 foY 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 December 4, 2012 -24- ITEM#62405 (Contin ued) Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at S: 46 P.M. Voting.• 11-0 Council Members Voting Aye: Glenn R. Davis, Willianz R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None (Closed Session 5:46 P.M. - S: 53 P.M.) December 4, 2012 -25- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 4, 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, December 4, 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 MayoY Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Ted David, Pastor Virginia Beach United Methodist Church 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 impropriery 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 PYUdential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. December 4, 2012 -26- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resouf-ce 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 matteYS, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of.Ianuary 10, 2012, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of.7anuary 27, 2004, is hereby made a part of the record. December 4, 2012 -z7- Item -VII-E CERTIFICATION ITEM #62406 Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Yoting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None December 4, 2012 R E S 0 L U T 10 N 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 #62405 Page 24, 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 December 4, 2012 -28- Item -VII-F.I MINUTES ITEM #62407 Upon motion by Councilman Dyer, seconded by Councilman UhYin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 27, 2012. Voting: 10-0 Council Members Yoting 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: None Council Members Abstaining: Rosemary Wilson (Absent November 27, 2012) December 4, 2012 -29- Item -VII-H.1 PUBLIC HEARING ITEM #62408 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPOSED EXEMPTIONS FROMREAL AND PERSONAL PROPERTY TAXES a. The Onesiumus Ministries of Norfolk, Inc. b. Legal Aid Society of Eastern Virginia, Inc. c. Bethany Christian Services of Hampton Roads, Inc. d. Ubasti There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. December 4, 2012 -30- ADOPT AGENDA FOR FORMAL SESSION ITEM #62409 BY CONSENSUS, City Couizcil ADOPTED: AGENDA FOR THE FORMAL SESSION December 4, 2012 -31- Item -VII-J ORDINANCES ITEM #62410 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items 1 a/b/c/d, 2, AND 3. Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council MembeYS Poting Nay. None Council Members Absent: None December 4, 2012 -32- Itein -VII-J.Ia?b/c/d ORDINANCES ITEM #62411 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT fi-om Real and Personal Property Taxes: a. The Onesimus Ministries ofNorfolk, Inc. b. Legal Aid Society of Eastern Virginia, Inc. c. Bethany Christian Services of Hampton Roads, Inc. d. Ubasti Yoting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, BarbaYa M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 4, 2012 1 AN ORDINANCE TO DESIGNATE THE ONESIMUS 2 MINISTRIES OF NORFOLK, INC., AS BEING EXEMPT 3 FROM REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to the Onesimus 8 Ministries of NorFolk, Inc. ("Onesimus Ministries"). 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Onesimus Ministries as a charitable organization within the context of § 6(a)(6) of Article X 15 of the Constitution of Virginia. 16 17 2. That real and personal property owned by Onesimus Ministries located within the 18 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis 19 is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Onesimus Ministries for exclusively 24 charitable purposes; 25 26 (b) that each July 1, Onesimus Ministries shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income tax return, or if no such 28 return is required, it shall certify its continuing tax exempt status to the 29 Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2016, Onesimus Ministries 32 shall file an exemption application with the Commissioner of the Revenue as 33 a requirement for retention of the exempt status of the property; and 34 35 (d) that Onesimus Ministries cooperate fully with the Commissioner of the 36 Revenue with respect to audit of its financial records, compliance with the 37 terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day Of December , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: . Com ission e Revenue CA12457 R-1 October 19, 2012 APPROVED AS TO LEGAL SUFFICIENCY: - it ney's Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Onesimus Ministries of Norfolk Inc Onesimus Ministries of Norfolk Inc PO Box 12241 Norfolk, VA 23541 Website: http://onesimus-ministries.or2 SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Onesimus Ministries of Norfolk Inc provides assistance and training to males who are being released from jail/prison to transition back into society. The organization's main office is located in Norfolk; however they have two zoning approved residences in Virginia Beach. The residential homes are used to house formerly incarcerated felons, drug abuser and registered sex offenders. Each resident pays $95.00 per week and contributes towards the grocery bill. Onesimus Ministries helps ex-offenders get a fair shot at rebuilding their lives by providing a stress-free living environment with the benefits of peers and volunteer support. Onesimus Ministries is dedicated to assist individuals with limited housing options upon their release from the correctional system. MISSION STATEMENT • To provide ministry to those that are incarcerated. • To provide aftercare ministry to those released from jail or prison. • To provide ministry to the families of those incarcerated. TAX IMPACT: Business Property: Assessment: None Tax: None Personal Property Assessment: None Tax: None Real Property 3464 Waltham Cir Assessment: $113,700 ' Tax: $1,080.16 3466 Waltham Cir Assessment: $127,800 Tax: $1,214.10 RELEVANT INFORMATION: IRS Granted 501 (c) 3 status -June 23, 1988 1 AN ORDINANCE TO DESIGNATE LEGAL AID SOCIETY 2 OF EASTERN VIRGINIA, INC., AS BEING EXEMPT 3 FROM REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Legal Aid Society of 8 Eastern Virginia, Inc. ("Legal Aid"). 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Legal 14 Aid as a charitable organization within the context of § 6(a)(6) of Article X of the 15 Constitution of Virginia. 16 17 2. That real and personal property owned by Legal Aid located within the City of 18 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 19 hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Legal Aid for exclusively charitable 24 purposes; 25 26 (b) that each July 1, Legal Aid shall file with the Commissioner of the Revenue a 27 copy of its most recent federal income tax return, or if no such return is 28 required, it shall certify its continuing tax exempt status to the Commissioner 29 of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2016, Legal Aid shall file an 32 exemption application with the Commissioner of the Revenue as a 33 requirement for retention of the exempt status of the property; and 34 35 (d) that Legal Aid cooperate fully with the Commissioner of the Revenue with 36 respect to audit of its financial records, compliance with the terms of this 37 ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2013. Ado?ted by the Council of the City of Virginia Beach, Virginia, on the 4th day Of Decem er , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner o t Revenue CA12336 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: ity y s Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Legal Aid Society of Eastern Virginia (LASEV) 291 Independence Blvd #532 Virginia Beach VA 23462 Website: http://www.lawhelp.org/Program/1647 SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Legal Aid Society of Eastern Virginia (LASEV) is nonprofit organization that provides free civil legal assistance to low-income residents. Eligibility for services is based primarily on household income and other financial resources. Its purpose is to provide legal services for persons who cannot afford private attorneys, they handle cases dealing with: • Custody/Visitation/Child Support • Collections • Landlord/Tenant Matters. • Public Benefit Denials • SSI Appeals • Education • Contracts and Warranties • Powers of Attorney/Wills LASEV helps clients residing in Eastern Virginia including Accomack, Chesapeake, Gloucester, Hampton, James City, Mathews, Middlesex, Newport News, Norfolk, Northampton, Poquoson, Portsmouth, Virginia Beach, Williamsburg and Yarktown. TAX IMPACT: Business Property: Assessment: $11973.60 Tax: $ 443.03 Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status - March 1970 1 1 AN ORDINANCE TO DESIGNATE BETHANY 2 CHRISTIAN SERVICES OF HAMPTON ROADS, INC., 3 AS BEING EXEMPT FROM REAL AND PERSONAL 4 PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has adverted and conducted a public hearing on the issue of 8 granting an exemption from local real and personal property taxes to Bethany Christian 9 Services of Hampton Roads, Inc. ("Bethany Christian Services"). 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 15 Bethany Christian Services as a charitable organization within the context of § 6(a)(6) of 16 Article X of the Constitution of Virginia. 17 18 2. That real and personal property owned by Bethany Christian Services located in 19 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 20 basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property by Bethany Christian Services for exclusively 25 charitable purposes; 26 27 (b) that each July 1, Bethany Christian Services shall file with the Commissioner 28 of the Revenue a copy of its most recent federal income tax return, or if no 29 such return is required, it shall certify its continuing tax exempt status to the 30 Commissioner of the Revenue; 31 32 (c) that every three years, beginning on January 1, 2016, Bethany Christian 33 Services shall file an exemption application with the Commissioner of the 34 Revenue as a requirement for retention of the exempt status of the property; 35 and 36 37 (d) that Bethany Christian Services cooperate fully with the Commissioner of the 38 Revenue with respect to audit of its financial records, compliance with the 39 terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of December , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: A/VAat___ Commissione e Revenue CA12336 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: CitiAtfg'f ?X s Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Bethany Christian Services of Hampton Roads Bethany Christian Services 287 Independence Blvd #241 Virginia Beach VA 23462 Website: http://www.bethany.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Bethany Christian Services is a global nonprofit organization caring for orphans and vulnerable children on five continents. Bethany is recognized as a prominent leader in social services worldwide, and they are the largest adoption agency in the U.S. Services include family support and preservation, adoption, foster care, pregnancy counseling, training, refugee services, sponsorship, and infertility ministry. The mission of Bethany is to demonstrate the love and compassion of Jesus Christ by protecting and enhancing the lives of children and families through quality social services. TAX IMPACT: Business Property: Assessment: $10,268.40 Tax: $ 379.93 Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status - September, 2009 1 AN ORDINANCE TO DESIGNATE UBASTI AS BEING 2 EXEMPT FROM REAL AND PERSONAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Ubasti. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Ubasti, as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia. 15 16 2. That real and personal property owned by Ubasti, located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Ubasti, for exclusively charitable purposes; 23 24 (b) that each July 1, Ubasti, shall file with the Commissioner of the Revenue a 25 copy of its most recent federal income tax return, or if no such return is 26 required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2016, Ubasti, shall file an 30 exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Ubasti, cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records, compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of December 12012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Co missio e o the Revenue CA12460 R-1 November 19, 2012 APPROVED AS TO LEGAL SUFFICIENCY: , ? ity A ey's Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Ubasti Ubasti 961 Kelso Court Virginia Beach VA 23464 Website: http://ubasti.bbnow.org/index.php SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Ubasti is a 501 (c) 3 organization dedicated to reducing or eliminate domestic violence against females. They were originally formed to stop domestic and dating violence but now they are expanding to help stop bullying and any other types of abuse. They provide educational awareness and informational activities to increase public awareness of domestic violence. They help women and pre-teen/teens improve self esteem. Ubasti's goal is to stop dating abuse and stop a cycle of violence from starting. Knowing that 1 in 4 young women will experience violence in her dating years, they offer a free dating abuse prevention program to schools and youth organizations. Mission statement: Our mission is to identify, encourage, support and celebrate women who courageously strive to overcome adversity and improve their lives and the lives of others. TAX IMPACT: Business Property: Assessment: $430.40 Tax: $ 15.92 Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status -October 30, 2010 \4G?t?1A' BEA a ? ?• ? :d °., -,. ? Ci t y Council Policyr Orrginal Proposal Title: Ciry Cauncil Policy Regarcling Applicarions for 'tax Exemptian by Desigriation Date of Adopaan: Febzuary 3, 2004 Dates of Revisians: May 6, 2008 Page 1 of 4 1.0 Purpase and Need Purpose: Ta establish criteria far approval of resolutions by C'tty Council ta exempt, by designation, local nonpraf t organixations frorn real and personal property taxes, Need: Ciry Cauncil has requested guidznce as to criteria for coruiciering exemptions as well as a procedure far reviewing requests for exernption from local praperty taxes. The Comznissioner of the Revenue has nffered revisions ta Council's policy adopted an February 2, 2004 in an effort to streamline the exernption review process for local nonprofit organizations and provide necessary analysis and oversight of the applicaaon pracess. Legislarive Background: The Virginia Consdnibon provides that, after January I, 2003, local governmenrs may, by designation, exempt the real and personal properry of nonprofit organizaaons from Iocal property taxes if used exclusiveIy far religious, charitable, pauiotic, historical, benevolent, cultural, or public park and pIayground purposes. However, as provided in Virginia C«ie §58.1-3651, che local goveming body must adopt an ardinance to exempt the ProPerty. . 2.0 PoIi The Ciry Council is nor required to designate any ocganization properly applying for exemprion from taxarion, and every designation of an organization is condiaoned updn compliance with the terms of this policy and any ordinance granting the exemprion. If an organizatian does not comply with these requirements, the Ciry Council may revoke the tax exempqon after providing notice and a hearing to ihe organization. Any revocation of an exemprian shall be effecrive at the beginning of the tax year during which the revocarion occurs. The applicant ar a:epresentative of the applicant shall provide the Commisszoner of ihe Revenve detaiJed informadon necessary to detennine the benefits tp rhe public that will result frorn granting tax exemption. Tn considering applicauons, the Commissioner of the Revenue shall ernploy the foUowing guidelines: Tide: Ciry Council Policy Regarding Appiicacions for Tax Exempsion by Designatian Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2:of 4 l, The organization must be exempt from federal incame tax pursuant to Intemal Revenue Code § 501(c). 2. Persanal or real property for which an exemption is sought carmot be used by any member of the organizatzon or other persons except for non-profit purposes benefiting the non-profit organization applying for exemprian. 3. The organization must be in cornpliance with all Ciry ordinances and regulations (including ' but not lirnited to building, property maintenance, and zoning codes) and aIl applicable tax obligatians. 4. The organization must provide a service to the residents of the City that resulcs in a benefic to the public (tangible or intangibie). The foltowing requirements apply ro earh entity exempted from local praperty taxes by the City Council: I. Upon obtaining exemption, the organization must annually submit (by July I of each year) iu Tnternal Revenue Secvice Farrn 990 or 990 EZ to the Cbmrrzissioner af the Revenue. If not required to file Forrn 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Cornmissianer of the Revenue its canrinuing tax exempt status, T_,oss of 501(c) status must imrnediately be reporced to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 5$.1-3605, each enrity exempted from iocal properry taxes shall, every three years, fle an exemption application with the Coznmissioner of the Revenue as a requirement for recention of the exempt status af tfie properry. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted frorn local p:aperty taxes must cooperate fully with the Cammissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exernption. 3.0 Procedure to Accam,.plish Poticy 1. Organizations applying for exempuon must request a determinavon frorn the Commissioner of the. Revenue as to whether the organizadan is or may be tax-exempt by cfassifcation, pursuant to Article 2(§58.1-3606 et seq.) az°Amcle 3(§5$.1-3609 et seq.) of Title 58.1 af the Virginia Code. If the organizarion is not exempc, but meets the criteria of organizatians that can be exempced by designarion (see Virginia Code §58.I-3651), the organizauon will receive /.- r . Title: Ciry Council Policy Regarding Applicarions for Tax Exempaon by Designation Date of Adoption: Febniary 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Cornmissioner of the Revenue. The applicabon form shaIl request alI information required by Virginia Code §58.1-3651 and be approved as to form by the Ciry Attomey. 2. AppIicabons foz exemption shall be considered quanerly. AppIications for exempuari must be submitted to the Commissioner of the Revenue. Applications shaIl be submitted no Iater than October 1 of the year preceding the effec-tive dare of the eacemption. Based on the criteria set forth in secrion 2.0 of this policy, the Commissioner of the Revenue wiU review each applicarion and make a zeport to City Council regarding whether an organization quaIifies for exemption under Iaw and City policy. The Cornmissioner of the Revenue will not submif applications he deems incomplete to Ciry Council for a determination. 3. The Cammissioner of the Revenue shall forward copies of the applications alang with his written findings to the City Attomey. The Ciry Attamey shaIl prepare the necessary ordinances for Ciry Council and coordinate with the Ciry CIerk to ensure that the applications are properly advenised and placed on the Ciry Council's agenda for a public hearing and forrnal consideration. 4. The Ciry Council will conduct a public hearing and consider the criteria sei forth in Virginia Cade §58.1-3651, seciian 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemprions granted shaIl be effective as af the next January 1. . 6. Exempuons, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of Ciry Cvuncil. 4.0 Responsibilirv and Authoritv Responsibiliry far iniriating application for exemption and tirnely providing any information ar application required by the Commissioner of the Revenue shaIl rest with the organization seeking exemption. Responsibility for making available inforznatian, applicadon for exemption, verifying submitted tax information and reporting on the initial and canrinuing status of ihe taxpayer shall rest with the Cammissianer of the Reveniie. RespansibiIiry for preparing required ordir.ances, arranging for the advertisir.g of public hearings, and placing items on the Ciry Council's agenda for a vote on praposed exempdans shall rest with the Ciry Anorney. Responsibiliry for the final determination of the public benefits resulring from tax exemption shall rest exciusively with the City C.ouncil. Tide: Ciry Ceuncil Polity Regarding Applicatians for TaC Exemprion by Design:ition Date of Adoption: .-ebruary 3, 2004 Dates of Revuions: lvlay 6, 2008 Page 4 of 4 5.0 DeGnitions PUBLIC BF;NEFTT- A.ny benefit or advantage expected ta be realized by the public, whether tangible or intangible, which rnay accompany the tax exernption, LOCAL PROPERTY TA.XES- Ad vaIorem taxes levied by the City of Virginia Beach on real estate or tanf;ible personal property. 6.0 Specifie Req uzrernents In addirion tc) the procedures and responsibilities set forth itt paragraphs 3.0 and 4.0, respectively, documentaricm forwarded to the Ciry Council shall indude submission of an application form in form and substance substantiaily as presented in the attached Exhibit A, as well as any addirional informauon i:hat the applicant wishes to presenr to the City Coundl. -33- Iteni -VII-J.2 ORDINANCES/RESOL UTIONS ITEM #62412 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into the City's right-of-way at Market Street, Town Center, for Greenbrier Technology Center II Associates, LLC, and Big River Breweries (t1a Gordon Biersch) The following conditions shall be required.• 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and appYOVaI and is more particularly described as follows, to wit: 2. Providing however, nothing herein shall prohibit the City fi°om immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authoYized terminates upon notice by the City to the GYantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, operation or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and constYUCtion of any encroachment by anyone other than the Grantee. 6 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. The Temporary Encroachment shall be maintained so as not to present a risk of injury due to the emission of heat to pedestrians outside of the Encroachment Area. 7. It is further expressly understood and agreed that the Grantee must submit and have approved a Traff c Control Plan before commencing work in the Encroachment Area. 8. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed, except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. December 4, 2012 -34- Itenz -VII-J.2 ORDINANCES/RESOLUTIONS ITEM #62412(Continued) 9. It is further expressly understood and agreed that the Grantee must obtain a permit fi^om the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit "). 10. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 11. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liabiliry insurance with the City as a named insured in an amount not less than $500, 000.00, per person injured and property damage per incident, combined. The Grantee will provide endorsements providing at least thirty (30) days written notice to the Ciry prior to the cancellation or termination of, or material change to, any of the insurance policies. Where applicable, the Grantee shall provide property insurance in an amount equal to $500, 000.00 with the City named as loss payee. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 12. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 13. It is further expressly understood and agreed that the Grantee must submit for review and approval, a sur-vey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. 14. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. December 4, 2012 -35- Iteni -VII-J.2 ORDINANCES/RESOL UTIONS ITEM #62412(Continued) Voting: 11-0 (By Consent) Council Members Yoting Aye: Glenn R. Davis, WillianZ R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, BaYbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 4, 2012 1 AN ORDINANCE TO AUTHORIZE A TEMPORARY 2 ENCROACHMENT INTO A PORTION OF CITY 3 RIGHT-OF-WAY ADJACENT TO MARKET STREET 4 AT TOWN CENTER BY GREENBRIER 5 TECHNOLOGY CENTER II ASSOCIATES, L.L.C. 6 AND BIG RIVER BREWERIES, INC. (T/A GORDON 7 BIERSCH) 8 9 WHEREAS, Greenbrier Technology Center II Associates, L.L.C., a Virginia lo limited liability company ("Greenbrier Technology") owns property known as 237 Central 11 Park Avenue at Town Center in Virginia Beach; 12 13 WHEREAS, Big River Breweries, Inc. (t/a Gordon Biersch), a Tennessee 14 corporation authorized to transact business in Virginia ("Gordon Biersch") leases a 15 portion of said property from the Greenbrier Technology; 16 17 WHEREAS, Gordon Biersch is a party to an Encroachment Agreement with the 1$ City of Virginia Beach (the "City") dated October 5, 2006, for an outdoor patio currently 19 adjacent to Market Street; 20 21 WHEREAS, Greenbrier Technology, as property owner, and Gordon Biersch, as 22 tenant, have joined in the application for the temporary encroachment into the City's 23 right-of-way along Market Street; 24 25 WHEREAS, Gordon Biersch desires to construct and maintain an independent 26 structure consisting of an exterior fireplace and glass screen on the sidewalk at the rear 27 of the existing patio located within the right-of-way known as Market Street (the 28 "Encroachment"); 29 30 WHEREAS, the Encroachment would include extending the existing underground 31 gas line to the proposed fireplace and installing an emergency shut-off; and 32 33 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 34 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 35 City's right-of-way subject to such terms and conditions as Council may prescribe. 36 37 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 41 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Greenbrier Technology 42 Center II Associates, L.L.C., a Virginia limited liability company and Big River Breweries, 43 Inc. (t/a Gordon Biersch), a Tennessee corporation, authorized to transact business in 44 Virginia, (the "ApplicanY'), are authorized to construct and maintain a temporary 45 encroachment for an independent structure on the existing sidewalk for an exterior 46 fireplace and glass screen and to extend the existing underground gas line to the 4 7 proposed fireplace, and install an emergency shut-off in the City's right-of-way as shown 48 on the map marked Exhibit "A" and entitled: "SITE PLAN, GORDON BIERSCH, 49 VIRGINIA BEACH, VIRGINIA DATED 4-30-12, SHEET NUMBERS A1.0, A2.1, A3.1, P1 so & P2" a copy of which is on file in the Department of Public Works and to which 51 reference is made for a more particular description; and 52 53 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 54 subject to those terms, conditions and criteria contained in that certain encroachment 55 agreement between the Applicant and the City of Virginia Beach (the "Agreement"), and 56 57 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 58 is hereby authorized to execute the Agreement, and such other terms, conditions and 59 modifications deemed necessary and sufficient to the City Manager and in a form 6 o deemed satisfactory by the City Attorney; 61 62 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 63 time as the Applicant and the City Manager or his authorized designee executes the 64 Agreement. 65 66 Ado?ted by the Council of the City of Virginia Beach, Virginia, on the 4th day 67 of Decem er 2012. APPROVED AS TO CONTENTS PUBLIC WORKS / REAL EST E CA12166 \\vbgov.com\DFS1 \.4pplications\CityLawProd\cycom32\W pdocs\D002\P015\00040880.DOC R-1 10/30/12 APPROVED AS TO LEGAL SUFFICIENCY AND FORM ITY ATTOR PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) ? J THIS AGREEMENT, made this ? day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipai corporation of the Commonwealth of Virginia, Grantor, "City", and GREENBRIER TECHNOLOGY CENTER II ASSOCIATES. L.L.C., a Virginia limited liability company, Grantee, (Owner), together with its successors and assigns in title, and BIG RIVER BREWERIES, INC. T/A GORDON BIERSCH, a Tennessee corporation authorized to transact business in Virginia, Grantee, (Tenant), (Owner and Tenant are collectively "Grantee"). WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as along the north west side of block 3; as shown on that certain plat entitled: "RESUBDIVISION PLAT OF TOWN CENTER BLOCK 8 AS SHOWN ON PLAT ENTITLED SUBDIVISION PLAT OF THE TOWN CENTER PHASE ONE-A (INSTRUMENT NUMBER 200212303086483) FOR THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY", prepared by LandMark Design Group," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200402060023049, and being further designated, known, and described as 237 Central Park Avenue, Virginia Beach, Virginia 23462; GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) 1477-55-1028 (237 Central Park Avenue) WHEREAS, it is proposed by the Grantee to construct and maintain an independent structure on the existing sidewalk for an exterior fireplace and glass screen and to extend the existing underground gas line to the proposed fireplace, along with installation of an emergency shut-off, collectively, the "Ternporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Market Street, located at the rear of the patio at 237 Central Avenue, Virginia Beach, Virginia the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment wil( be constructed and maintained in accordance with the laws of the Cornmonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachrnent Area as shown on that certain exhibit plat entitled: "SITE PLAN, GORDON BIERSCH, VIRGINIA BEACH, VIRGINIA, DATED 4-30-12, SHEET NUMBERS A1.0, A2.1, A3.1, P1 & P2" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such rernoval. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, operation or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. The Temporary Encroachment shall be maintained so as not to present a risk of injury due to the emission of heat to pedestrians outside of the Encroachment Area. 3 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control pian before commencing work in the Encroachment Area. It is further expressiy understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the civil inspections division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. Where applicable, the Grantee shall provide property insurance in an amount equal to $500,000.00 with the City named as loss payee. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as estabiished by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, uporr revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Greenbrier Technology Center I( Associates, L.L.C., a Virginia limited liability company, has caused this Agreement to be executed on its behalf by, Louis S. Haddad, President of TCA Block 3, Inc. Manager of 5 Owner, with due authority to bind said limited liability company. Further that Big River Breweries, Inc. T/A Gordon Biersch, a Tennessee corporation, authorized to transact business in Virginia, has caused this Agreement to be executed on its behalf by John B. Phillips, Senior Vice President, General Counsel, of Big River Breweries, inc. T/A Gordon Biersch, a Tennessee corporation authorized to transact business in Virginia, with due authority to bind said corporation. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2012, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: _ (SEAL) 6 (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: _ APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: SIGNATURE DEPARTMENT ALEXANDER W. STILES, ASSOCIATE CITY ATTORNEY 7 OWNER: GREENBRIER TECHNOLOGY CENTER II ASSOCIATES, L.L.C., a Virginia lirnited liability company By: TCA BLOCK 3, INC., a Virginia corporation, MANAGER By: (SEAL) Louis S. Haddad, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ? The foregoing instrument was acknowledged before rne this ? day of , 2012, by Louis S. Haddad, President of TCA Block 3 Inc., Manager af Greenbrier Technology Center II Associates, L.L.C., a Virginia limited liability company, on its behalf. Notary Registration Numb My Commission Expires: , ? ? (SEAL) Notary Public R4?q , S=S¢`?j7ef od`OA6 ,`? -ca.'?y ?.?. N?'E 22 : 4s = Cs ; p,EG•? > ?'.. ,?`•{ .? o?'? p,2. : J?? _'-• ?•'o?c -?? ??- .,.•? ., ssr`'`O? <<lllf 8 TENANT: BIG RIVER BREWERIES, INC. T/A GORDON BIERSCH, a Tennessee corporation, authorized to transact business in Virginj? „ . ,.- . By ?" ' (SEAL) :lei., J,d n B. Phillips ? ,SVP, General Counsel STATE OF r?SS?'CCITY/COUNTY OF _ - ' r, to-wit: The foregoing instrument was acknowledged before me this day of 2012, by John B. Phillips, Senior Vice President, General Counsel, on be alf of Big River Breweries, Inc. T/A Gordon,8fW``;;?,;?ennessee corporation, authorized to transact business in Virginia. ?g O •? j, . • ? S : . ? a ublicr.* ; ; •. . 'li? '• . .... •• ?? : Notary Registration Numb ??'?,?rON G? ?•?'• '???,??.??+?'` My Commission Expires: (SEAL) 9 BANK STREET I I? . ? ill n m Z 1 ? a r 'o D ? A a < m ?co ? bm ? r D Z VIRGINIA BEACH BLYD. ic a ? L X m i N I!I -1 y m i, m II, ? GORDON BIERSCH TP BRAY VIRGINIA BEAGH , ,. V I R G I N I A ? m A('ChICBCCUI'e, IfiC. ? sm ZD ?2 ? ? ? E l m x -? ?m ? O ? ? ? a? o d O , ? ? Om m O r?v z m ?? Z ? ?a s? / \\ / \ ?' f U m, m .? ? z D ti N ? O 9 D ? A m ? cn ? z rn m 1 VIRGINIA BEACH BLVD. _x GORDON BIERSCH `?? B? ? N? ?a VIRGINIA BEACH °> VIRGINIA Q('ChIG2CtUPE , If1C. i z ?I I ? - -? \ 1 , ???? 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N ? fiI vl - - ? ? - - GORDON BIERSCH - ? z W ? W N VIRGINIA BEACH -o -" -_ cL0C 3 m N Q z PATIOREMODEL C ? a] x -n -i ? A O z r rn O ti rn 0 ?n D? rn ? rn D 'fT1 N ? a D (" N ni DZ rn r °<q o?? 0Z D Ac? rn rn 3 rn(?i ? D T rn r A Zrn oN D ? -? o c/) ??z -0 0 < Z 11! I ? A _ "U > m Z ?rn .--{ u ? Z?X? - 13 > ? rn z rnD??=rn -oz rn prnOOc1 O D A r ? D rn N ? r ? ? D n I N r ?c i ? ? z -j A Pn ? II ? O O Ern n Z ? rnT u = 05 >zi I ?Z z zrn ? G-, :z ? ? rn u Zz «.n y0 O O ? rn ? ? N ? A A rn ? 03 -+ r Zrn Orn ? n' ? a,. ?r?rnr N ZrnD r r D N ? t- rn? arn ?rn rn? ? z A 1 N ? ? - ? ? - GORDON BIERSCH LDa N VIRGINIA BEACH N rn z PATIO REMODEL - ' m C 3 ? ?' a = .e = =t _ uc -36- Itenz -VII-J.3 ORDINANCES/RESOL UTIONS ITEM #62413 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $2.9-Million within Capital PYOjects re Business Revenue/Personal Property RACS Implementation to meet future legislative requirements. Voting: I1-0 (By Consent) Council Members Yoting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 4, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO TRANSFER FUNDS FROM CAPITAL PROJECT #3-142, "CIT- COMMUNICATIONS INFRASTRUCTURE REPLACEMENT - PHASE II," TO CAPITAL PROJECT #3-615, "CIT - BUSINESS REV/PERSONAL PROPERTY RACS IMPLEMENTATION" BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $2,900,000 is hereby transferred from Capital Project # 3-142 CIT- Communications Infrastructure Replacement - Phase II, to Capital Project #3-615, CIT - Business Rev/Personal Property RACS Implementation, to complete the remaining task of modernizing the business revenue, personal property and miscellaneous tax legacy applications currently functioning within an outdated mainframe platForm. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of December 2012. , APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: ? .. .. _... ?? . . - Management Services C o y ice CA12479 R-1 November 20, 2012 i I II ? ? -37- Itenz -VII-J PLANNING ITEM #62414 1. EDWARD LEE TWEEDY 2. CAPE HENRY COLLEGIATE SCHOOL, INC. 3. KIMBERLYLORAINE HERNAEZ/ THOMAS BUSCIGLIO 4. R&JPETRO, INC. D.B.A STUDIOS 4 LESS/THE RAMSEY-WHITE COMPANY, L. C. 5. MPB, INC. NON-CONFORMING USE MODIFICATION OF CONDITION CONDITIONAL USE PERMIT CHANGE OF ZONING CHANGE OF ZONING December 4, 2012 -38- Item -VII-J PLANNING ITEM #6241 S Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, AND S(DEFER TO 12/11/2012) of the PLANNING AGENDA. Voting: I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 4, 2012 -39- Item -VII-J.1 PLANNING ITEM #62416 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of EDWARD LEE TWEEDY for enlargement of a Non-Conforming Use re housing ten (10) additional dogs at 3908 Indian River Road DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of EDWARD LEE TWEEDY for enlargement of a Non-Conforming Us re housing ten (IO) additional dogs at 3908 Indian River Road (GPIN 1474827607) DISTRICT 7 - PRINCESSANNE The following condition shall be required: 1. Unless othenvise limited by Animal Control, this non-conforming use shall be limited to only those specific ten (10) beagles and four (4) tenant's dogs identified by the applicant. At such time as these identified dogs die,no other dog(s) of any kind, gender, age or breed shall be permitted on the property to replace the identified 14 dogs, except that which is the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 4. No breeding, grooming or boarding of any other dogs for monetary or non-monetary purposes shall be permitted. 5. The existingfence shall be maintained in good condition. 6 All dogs, when outside in the fenced-in yard or outdoor kennels, shall not be a nuisance to any other property owners or residents. 7. As provided for in Section 221(1) of the City Zoning Ordinance, and based on a finding that the current location of the kennels on the parcel are not compatible to existing land uses in the surYOUnding area, the setback of one hundred (100) feet required by Section 223 of the Zoning Ordinance is modified to meet a forty (40) foot setback from the side property lines and one hundred (100) foott setback from the rear pYOperry line. 8. The kennel is approved foY a period of one (1) year with an annual Administrative Review by the Zoning Administrator in consultation with Animal Control. 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 Fourth day of December, Two Thousand Twelve December 4, 2012 -40- Item -VII-J.1 PLANNING Voting: 11-0 (By Consent) Council Members Yoting Aye: ITEM #62416(Continued) Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 4, 2012 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 3908 INDIAN RIVER ROAD 4 5 WHEREAS, Edward Lee Tweedy, (hereinafter the "Applicant") has made 6 application to the City Council for authorization to enlarge a nonconforming use located 7 at 3908 Indian River Road in the B-2 Business District and the R-15 Residential District 8 by enlarging the nonconforming residential use in the B-2 Business District with the 9 addition of kennels for ten (10) additional dogs; and 10 11 WHEREAS, this lot contains a single-family dwelling, which is not allowed in the 12 B-2 Business District, however, the dwelling was built prior to the adoption of the 13 applicable zoning regulations and is therefore nonconforming; and 14 15 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 16 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 17 City Council authorizing such action upon a finding that the proposed use, as enlarged, 18 will be equally appropriate or more appropriate to the zoning district than is the existing 19 use; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby finds that the proposed use, as enlarged, will be 25 equally appropriate to the district as is the existing nonconforming use under the 26 conditions of approval set forth hereinbelow. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the nonconforming use is hereby authorized, upon the 32 following conditions: 33 34 1. Unless otherwise limited by Animal Control, the number of dogs kept on 35 the lot shall be limited to only the applicant's ten (10) existing beagles and 36 the tenant's four (4) existing dogs, as have been identified by the applicant 37 to staff. At such time as these identified dogs die, the deceased dog(s) 38 shall not be replaced with other dog(s) of any kind, gender, age, or breed, 39 until such time that only four dogs remain. Four dogs are the maximum 40 number of dogs permitted for a single-family residential use. 41 42 2. The applicant shall ensure that the dogs maintain all required shots and 43 are properly licensed through the City of Virginia Beach. 44 45 3. All animal waste shall be collected and disposed of in a lawful manner on 46 a daily basis. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 4. No breeding, grooming or boarding of any other dogs for monetary or non- monetary purposes shall be permitted. 5. The existing fence shall be maintained in good condition. 6. Based on a finding that the current location of the kennels on the parcel are not compatible to existing land uses in the surrounding area, the kennels shall be located no closer to the side lot lines than 40 feet and no closer than 100 feet of the rear lot line. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 t h day of December 2012. , APPROVED AS TO CONTENT . .... Planning CA12473 R-1 November 19, 2012 APPROVED AS TO LEGAL SUFFICIENCY: / Cit torney's Office 2 -41- Itena -11II42 PLANNING ITEM #62417 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of CAPE HENRY COLLEGIATE SCHOOL, INC., for Modi ication of Condition No.l re athletic field lighting, bleachers and decorative entrance at 1320 Mill Dam Road, (approved May 23, 2000) DISTRICT 5- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CAPE HENRY COLLEGIATE SCHOOL, INC., for Modi acation of Condition No.l re athletic field lighting, bleachers and decorative entrance at 1320 Mill Dam Road, (approved May 23, 2000) (GPIN 2408584284) DISTRICT 5- LYNNHAVEN The following condition shall be required. 1. All conditions, with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on May 23, 2000, and modified July 10, 2001, remain in effect. 2. Condition Number 1 of the May 23, 2000, Conditional Use Permit is deleted and replaced with the following: a. Existing Field 1, as identified on the submitted "AMENDED MASTER PLAN CAPE HENRY COLLEGIATE SCHOOL ", dated October 9, 2012, and prepared by Tymof.f+Moss Architects, may be lit for evening athletic events. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. b. There shall be no more than five (5) light poles as depicted on the Plan. The poles shall not exceed fifty (SO feet) in height. If determined by the Zoning AdministratoY to be necessary, the lights mounted on all the poles on the eastern side of the field shall be shielded so as not to allow glare to spill over to the residential homes located along the eastern property line. c. A Lighting Plan and/or Photometric Diagram Plan shall be submitted to the Planning Department for review prior to installation of any lighting for the fields. Said Plan shall include the location of all pole mounted and the listing of lamp type, wattage and rype of fixture. Lighting shall overlap and be uniform throughout the field area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. d. There shall be no amplified speaker system for the field. e. Athletic events shall start no later than 7:30 P.M. The lights shall be turned off no later than thirty (30) minutes after the completion of the event. The lights shall not be used on Sundays. f. The applicant may install the (seven) 7 foot high wall and (sixteen) 16 foot high entry elements, as well as bleachers on the western side of Existing Field 1. The additions shall substantially adhere to the submitted rendering prepared by Tymof.f+Moss Architects. Said rendering has been exhibited to the Virginia Beach City Council and is on fzle in the Planning Department. December 4, 2012 -42- Item -VII-J.2 PLANNING ITEM #62417(Continued) This Ordinance shall be effective in accordance with Section 107()of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of December, Two Thousand Twelve Voting: 11-0 (By Coresent) Council Members Voting Aye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 4, 2012 -43- Item -VII-J.3 PLANNING ITEM # 62418 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of KIMBERLY LORAINE HERNAEZ/THOMAS BUSCIGLIO, for a Conditional Use Permit re a Home Occupation for Child Day Care at 1940 Southaven Drive DISTRICT 1- CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of KIMBERLY LORAINE HERNAEZ/THOMAS BUSCIGLIO, for a Conditional Use Permit re a Home Occupation for Child Day Care at 1940 Southaven Drive (GPIN 1475112155) DISTRICT 1- CENTERVILLE The following condition shall be required: 1. The Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7: 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 four foot high fence, to be maintained in good condition at all times, shall separate the outdoor play area from the pool. The fence shall meet the "°pool barrier" requirements of the Virginia Department of Social Services. 5. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking-up or dropping-off children are parked on the applicant's front driveway or along the roadway curb adjacent to the front yard. 6 A sign, no greater than one (1) square foot in size, advertising the Home Daycare may be installed on the house. 7. 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. 8. 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 Official for Home Daycare use. This Ordinance shall be effective in accordance with Section 107()g of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of December, Two Thousand Twelve December 4, 2012 -44- Item -VII-J.3 PLANNING Voting: 11-0 Council Members Voting Aye: ITEM # 62418(Continued) Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 4, 2012 -45- Item -VII-J.4 PLANNING ITEM #62419 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED/CONDITIONED, BY CONSENT, Application of R& J PETRO, INC. D.B.A. STUDIOS 4 LESS / THE RAMSEY-WHITE COMPANY, L.C. for a Conditional Chanjze of Zoning from B-1 Neighborhood Business and H-1 Hotel to Conditional B-4 Mixed Use re ADDING retail, medical, office and personal services to the existing hotel use at 717 South Military Highway DISTRICT 2 KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of R& J PETRO, INC. D.B.A. STUDIOS 4 LESS / THE RAMSEY-WHITE COMPANY, L.C. for a Conditional Chanize of Zoning from B-1 Neighborhood Business and H-I Hotel to Conditional B-4 Mixed Use re ADDING retail, medical, office and personal services to the existing hotel use at 717 South Military Highway (GPIN 1456275342) DISTRICT 2 KEMPSVILLE The following condition shall be required: An Agreement encompassing proffers shall be Yecorded with the Clerk of Circuit Court. 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 Fourth day of December, Two Thousand Twelve Voting: 11-0 Council Members 1TOting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council MembeYS Absent: None December 4, 2012 -46- Item -VII-J.5 PLANNING ITEM #62420 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFEIZRED TO 12/11/2012, BY CONSENT, Application of MPB, INC. for a Conditional Change o Zoning from AG-I and AG-2 Agricultural to Conditional 0-2 Office re a three story office structure at Princess Anne Road and Elson Green Avenue (deferred November 13, 2012) DISTRICT 7- PRINCESS ANNE Yoting: 10-1 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• Barbara M. Henley (Verbal) Council Members Absent: None December 4, 2012 -47- ITEM VII-K APPOINTMENTS ITEM #62421 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF B UILDING CODE APPEALS HISTORICAL REVIEW BOARD December 4, 2012 -48- ITEM VII-K APPOINTMENTS ITEM #62422 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JAMES OGLESBY DAVID WHITLEY S-Yr. Term 1/1/13-12/31/17 BOARD OF ZONING APPEALS Voting: 11-0 (By Consent) Council Members Poting 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, JY., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• None December 4, 2012 -49- ITEM VII-K APPOINTMENTS ITEM #62423 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: RONALD TAYLOR 2-Yr. Term 1/1/13-12/3l/14 COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) Voting: 11-0 (By Consent) Council Members Tjoting 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, James L. Wood and Rosemary Wilson Council Members Yoting Nay: None Council Members Absent.• None December 4, 2012 -50- ITEM VII-K APPOINTMENTS ITEM #62424 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: PATRICK C. DEVINE, JR. S-Yr. Term 1/1/13-12/3l/17 COMMUNITYMEDICAL ADVISORY COMMISSION Voting: 11-0 (By Consent) Council Members Yoting 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, James L. Wood and Rosemary Wilson Council Members Yoting Nay: None Council Members Absent: None December 4, 2012 -51- ITEM VII-K APPOINTMENTS ITEM #62425 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: VALERIE DENISE WINTERS 3-Yr. Term 1/1/12-12/3l/14 and REAPPOINTED: DIANA G. RUCHELMAN 3-Yr. Term I/l/12-12/31/14 COMMUNITYSERVICESBOARD (CSB) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Poting Nay: None Council Members Absent.• None December 4, 2012 -52- ITEM VII-K APPOINTMENTS ITEM #62426 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DONALD Y. JELLIG STEPHEN R. ROMINE WILLAM D. SESSOMS, JR. DOROTHY WOOD 1-Yr. Term 1/1/13-12/31/13 HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Voting: 9-1 (By Consent) Council Members Yoting Aye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: John D. Moss Council Members Absent.• None Council Members Abstaining: Mayor William D. Sessoms, Jr. December 4, 2012 ? -53- ITEM VII-K APPOINTMENTS ITEM #62427 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOHN C. BARNES, ALTERNATE 4-Yr. Term I/1/13-12/31/16 SOUTHEASTERNPUBLIC SERVICE AUTHORITY (SPSA) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay. None Council Members Absent: None December 4, 2012 -54- ITEM VII-K APPOINTMENTS ITEM #62428 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ANTHONYNERO 4-Yr. Term 1/1/13-12/31/16 VIRGINIA BEACH COMMUNITY DE VEL OPMENT CORPORATION (VBCDC) Voting: 11-0 (By Consent) Council Members Yoting 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, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 4, 2012 -55- ITEM VII-K APPOINTMENTS ITEM #62429 Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED: PAIGE CR UNK 3-Yr. Term 1/1/13 -12/3l/1 S VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD Voting.• I1-0 (By Consent) Council Members Poting 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, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 4, 2012 -56- Item -VII-N ADJOURNMENT ITEM # Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:12 P.M. Amanda Finley-Barnes, CMC Chief Deputy City Clerk Ruth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia December 4, 2012 -57- PUBLIC DIALOGUE ChYistine Ross, 1647 Ocean Bay Drive, Phone: 905-1835, stated the City of Chesapeake recently approved back yard chickens and encouraged Virginia Beach to legalize the ownership of backyard chickens. Ms. Ross also requested the City close the abortion clinics within the City by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as "dangerous nuisances „. Tracy OkYOy, 840 Crepe Myrtle Court, Phone: 513-7825, requested the City legalize backyard chickens. Ms. Okroy stated the chickens are quiet, eat Lyme disease ticks and provide a source of nutrition. Ms. Okroy advised Norfolk and Suffolk allow backyaYd chickens. The Public Dialogue re Non Agenda Items concluded at 6:19 P.M. December 4, 2012 -56- Item -VII-N ADJOURNMENT ITEM #62430 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:12 P.M. Amanda Finley-Barnes, CMC Chief Deputy Ciry Clerk R h Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia ? William D. Sessoms, Jr. Mayor December 4, 2012